Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Occupational Health Services Convention, 1985 (No. 161) - Bulgaria (Ratification: 2012)

Legislation. The Committee notes the detailed information provided by the Government in its first report. It notes in particular that the Law on Safety and Health at Work (State Gazette No. 124 of 23 December 1997) (LSHW) and Ordinance No. 3 of 25 January 2008 on the Terms and Procedure for Conducting the Activities of Occupational Health Services (State Gazette No. 14 of 12 February 2008) give effect to Articles 1, 5(a)–(b) and (f)–(g), 6, 7, 9(2) and (3), 11, 13 and 16 of the Convention. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Article 2 of the Convention. National policy on occupational health services. The Committee notes the Government’s indication that the policy for occupational health services is an integral part of the national policy for occupational safety and health (OSH), which is implemented through national OSH programmes developed annually in consultation with the social partners. It also notes that the annual OSH programmes, once developed, are approved by the National Council on Working Conditions (NCWC), a standing tripartite consultative body. In the 2014 national OSH programme, the measures concerning occupational health services included the development of training modules and training for specialists, conducting postgraduate qualification and courses for specialists, developing risk assessment tools and determining the terms and procedures for the mandatory regular medical examinations of factory and office workers. The Committee notes that the Government does not provide details on the formulation of a coherent national policy on occupational health services, under the terms of Article 2, and draws its attention to the fact that according to the guidance provided by Paragraph 1 of the Occupational Health Services Recommendation, 1985 (No. 171), such policy should include general principles governing the functions, organization and operation of occupational health services. The Committee requests the Government to provide detailed information on the national policy concerning occupational health services, including with respect to their functions, organization and operation. It also requests the Government to provide information on the manner in which the policy is reviewed, in consultation with the most representative organizations of employers and workers, and on the outcome of this review and the consultations held in this regard.

Article 3(1) and (2). Progressive development of occupational health services for all workers and sectors. The Committee notes that pursuant to section 25 of the LSHW, employers must provide occupational health services to their workers and that, under the Labour Code, an employer is any individual, legal entity or division thereof which employs factory or office workers. The Committee also notes that the Government’s report does not contain information regarding the establishment in practice of occupational health services and the branches of economic activity they cover, and that while the Government refers to the data of the public register on occupational health services, published on the website of the Ministry of Health, it does not provide a link to the website and therefore does not enable the Committee to examine the effect given to this Article in practice. Accordingly, the Committee requests the Government to provide detailed information on the branches of activity in which occupational health services have been established, in law and in practice, and the number and categories of workers covered, on any plans for the establishment of such services in all economic sectors, and on consultations held with the social partners in this respect.

Article 4. Consultation with organizations of employers and workers on the measures to be taken to give effect to the Convention. The Committee notes the Government’s indication that issues relating to the preparation and implementation of OSH legislation are discussed within the NCWC, tripartite sectoral and branch councils on working conditions and tripartite regional councils on working conditions, and that temporary structures may be established within these councils with regard to specific issues. The Committee also notes that following a national conference, held in 2011 through an initiative of the Minister of Labour and Social Policy and the NCWC, and during which the need to develop a standard for occupational health services was identified, the standard was to be prepared by the Ministry of Health in cooperation with the social partners and relevant health services organizations. The Committee requests the Government to provide further information on the manner in which the national, sectoral and regional councils on working conditions are consulted specifically with regard to occupational health services, and to provide details on the content of the abovementioned standard for occupational health services and on the consultations held in this regard.

Article 5. Functions of the occupational health services. The Committee notes the Government’s indication that pursuant to Ordinance No. 3, the main function of occupational health services is to advise and support employers in the implementation of preventive approaches to health and safety in the workplace. It further notes that while sections 10 to 14 of Ordinance No. 3 include the functions referred to in Article 5(a), (b), (f) and (g), the legislation and information provided by the Government is general in nature and does not enable the determination of whether all of the specific functions of Article 5(c), (d), (e), (h), (i), (j) and (k) are covered by occupational health services. The Committee requests the Government to provide detailed information on the manner in which effect is given, in law and in practice, to Article 5(c), (d), (e), (h), (i), (j) and (k).

Article 8. Cooperation between employers, workers and their representatives with respect to occupational health services. The Committee notes that pursuant to section 26(1) of the LSHW, employers are required to consult and enable workers or their representatives to participate namely in the discussion and approval of all measures related to the health and safety of workers, with section 27 providing that a committee on working conditions comprised of worker and employer representatives must be established in undertakings with more than 50 workers and section 28 providing that a working conditions group must be established in undertakings with less than 50 workers. However, the Committee notes that the abovementioned committees and groups discuss overall OSH issues and that no information is provided regarding cooperation and worker participation with respect to occupational health services specifically. The Committee therefore requests the Government to indicate the measures taken or envisaged to guarantee, in law and in practice, the participation of employers, workers and their representatives in the implementation of organizational measures relating specifically to occupational health services.

Article 9(1). Multidisciplinary nature of occupational health services. The Committee notes the Government’s indication that section 25(5) of the LSHW and section 6 of Ordinance No. 3 provide the minimal composition of occupational health services and that these services may also include, for the performance of specific tasks, specialists in a number of disciplines, including toxicology, ergonomics, psychology and social medicine. The Committee requests the Government to provide further information on how it is ensured that occupational health services are multidisciplinary and on the criteria according to which their composition is determined, particularly with regard to specialists.

Article 10. Professional independence of occupational health services personnel from employers, workers and their representatives. The Committee notes the Government’s indication that the professional independence of the health services personnel is ensured due to the fact that most occupational health services are independent legal entities contracted by employers to service workers. It also notes that pursuant to section 15 of Ordinance No. 3, health services organize their work based on the approved Rulebook for their structure and activity. The Committee requests the Government to supply a copy of the abovementioned Rulebook, if possible in one of the working languages of the ILO, and to provide further information on the measures taken in law and in practice to guarantee the professional independence of occupational health services personnel from workers and their representatives and from employers when the services are not independent legal entities.

Article 12. Surveillance of workers’ health during working hours. The Committee notes that while section 16 of the LSHW provides that all measures related to the provision of OSH shall be at the employers’ expense, no information is provided on the effect given to the other elements of this provision of the Convention. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the surveillance of workers’ health involves no loss of earnings for them and takes place as far as possible during working hours.

Article 14. Information to be provided to the occupational health services of any factors which may affect the workers’ health. The Committee notes the Government’s indication that pursuant to section 3 of Ordinance No. 3, employers are required to ensure adequate conditions for occupational health services to conduct their activities, namely through the provision of any information necessary to their activities. The Committee requests the Government to provide further information on the measures taken, in law and in practice, to ensure that occupational health services are informed both by the employer and workers of any known or suspected factors in the working environment which may affect the workers’ health.

Article 15. Information of occurrences of illness among workers and absence from work for health reasons. The Committee notes that pursuant to section 3 of Ordinance No. 3, employers must provide technical and medical information, including copies of sick notes as well as any other information necessary for their activities, to the occupational health services. It also notes that section 4 prohibits health services personnel from disclosing information they come to know in the course of their work, including data relating to the health of workers. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that occupational health services are informed of occurrences of ill health or absence from work for health reasons, in order to identify whether there is any relation between the reasons for ill health or absence and any health hazards which may be present at the workplace.

Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of the accidents reported.