Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (OSH) and 187 (promotional framework for OSH) together.

Legislative developments and application in practice of Conventions Nos 155 and 187. In its previous comments the Committee noted the Government’s indication that consultations were held with government institutions, employers’ and workers’ organizations as well as OSH experts, for the drafting of a new law on OSH. The Committee notes that this is also envisaged in the Action Plan for Safety and Health at Work for the period 2024–2025. Furthermore, the Committee takes note of the statistics contained in the Government’s report as well as in the labour inspection reports for the second half of 2023 and the first half of 2024. This includes detailed information on inspections conducted on OSH, penalties imposed for OSH contraventions, as well as reported occupational accidents. In this respect, the Committee notes that the number of reported occupational injuries sharply increased from 798 in 2022 to 2,254 in 2023, and that in the first half of 2024 there were 1,130 occupational injuries reported. The sectors with the most frequent occurrence of workplace injuries are the manufacturing, followed by retail and wholesale trade. The Committee requests the Government to provide updated information on the progress made in the drafting of the new law on OSH. It also requests the Government to provide information on the reasons for the significant increase of occupational injuries reported.The Committee requests the Government to continue to provide information on the application in practice of the ratified Conventions on OSH, including with regard to occupational accidents notified, as well as information on the inspection activities carried out, violations detected, and penalties imposed. It requests the Government to provide information on the number of occupational diseases reported.

Article 2(3) of Convention No. 187. Ratification of relevant OSH Conventions of the ILO. The Government indicates that with the support of the ILO Country Office in North Macedonia, comparative gap analyses were conducted for the Safety and Health in Construction Convention, 1988 (No. 167), the Safety and Health at Work in Mines Convention, 1955 (No. 176), and the Safety and Health in Agriculture Convention, 2001 (No. 184), serving as a basis for consultations among social partners on the national readiness for ratification. As a result, in June 2023, the Government adopted a decision to ratify Conventions Nos 167 and 176. The Committee requests the Government to provide information on progress made with regard to the ratification of Conventions Nos 167 and 176, and on the consideration given to the ratification of Convention No. 184.

National policy

Articles 4, 6, 7 and 15 of Convention No. 155 and Article 3 of Convention No. 187. National policy on OSH. In its previous comments the Committee noted that the OSH Strategy for 2021–25 focuses on risk prevention, awareness-raising and the participation and cooperation of relevant OSH actors, including government institutions, employers’ and workers’ organizations, occupational medicine and educational institutions. The Committee notes the information provided by the Government according to which the strategic and operational documents in the field of OSH are being prepared in the context of a wide participative and inclusive process of consultations, involving all relevant national stakeholders in the field of OSH. The Government indicates that the process is being implemented under the guidance and coordination of the National OSH Council, and all relevant documents are discussed and adopted by the Council, before submitted to the Government for adoption. The Committee requests the Government to provide information on the implementation of the OSH Strategy for 2021–2025, and on the evaluation of its results, as well as on the main challenges identified during the evaluation, and the consultations with the social partners carried out in this respect. The Committee also requests the Government to indicate how this evaluation contributes to the formulation of the national OSH Policy for the subsequent period.

National system

Article 11(c) and (e) of Convention No. 155 and Article 4(3)(f) of Convention No.187. Establishment and application of procedures for the notification of occupational accidents and diseases and production and publication of annual statistics. The Government indicates that a major challenge is the lack of relevant, reliable, and comprehensive statistical data on OSH generated through a unified national information system. It indicates that existing data are either scarce, fragmented, or inconsistent, with the most reliable figures coming from the State Labour Inspectorate and limited to serious work-related accidents. The Committee notes once again that the Government did not provide information on the cases of occupational diseases notified to the labour inspectorate. In this respect, it notes the Government’s indication that data on occupational diseases remain insufficient and unreliable due to poor communication and data exchange among health institutions, inadequate implementation of legislation, and flawed reporting and registration practices. The Government indicates that in order to address this issue the Ministry of Labour and Social Policy, with the support of the European Union, plans to launch a three-year project in 2025 focused on strengthening OSH at the national level, with a key priority being the upgrade of the national system for recording and analysing work-related accidents and diseases. The Committee notes that the development of an electronic system for recording, data collection and reporting in the field of OSH is also envisaged in the new Action Plan for Safety and Health at Work for the period 2024–2025. Noting the persistent challenges faced by the Government specifically with regard to statistics on occupational diseases, the Committee requests the Government to provide information on the measures taken to address this issue, and to reinforce the application of procedures for the notification of occupational diseases and accidents by employers, insurance institutions and others directly concerned. It also requests the Government to provide information on the measures taken for the production and publication of annual statistics on occupational accidents and diseases, including through the envisaged electronic system for information on OSH.

Article 12 of Convention No. 155. Obligations for those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. In reply to the Committee’s previous request, the Government refers to a series of provisions of the Law on Safety and Health at Work and a series of regulations that pertain to the use of work equipment. The Committee notes that these provisions focus on employers’ obligations but do not address the responsibilities of designers, manufacturers, importers, or suppliers as required under Article 12. The Committee once again requests the Government to provide information on the measures taken, in law and in practice, to ensure the responsibilities of those who design, manufacture, import, provide or transfer machinery and equipment for occupational use with regard to the safety and security of concerned persons, as required by Article 12 of the Convention.

National programme

Article 5 of Convention No. 187. National programme on OSH. Regarding the evaluation of the Action Plan for Health and Safety at Work 2021–2023, the Government indicates that a Report on the Implementation and the Achieved Results in accordance with the Action Plan for Health and Safety at Work 2021–2023 was adopted by the OSH Council on 7 March 2024 and was made publicly available at the web page of the Ministry of Labour and Social policy. This Report, that served as the basis for drafting the new Action Plan for OSH 2024–2025, concluded that all activities were either completed or ongoing. The Government indicates that relevant incomplete activities were carried forward into the new Action Plan for Safety and Health at Work for the period 2024–2025 which was adopted by the OSH Council in May 2024, following tripartite consultations. The Committee further notes that the new Action Plan identifies a series of strategic priorities: strengthening the legal framework through new legislation and alignment with EU directives; enhancing institutional and human capacities of the Labour Inspectorate and OSH Council; expanding education and training for professionals and the public; promoting a preventive OSH culture across all education levels; and improving system responsiveness to emerging risks such as climate change, digitalization, and psychosocial hazards. The Committee requests the Government to provide information on the implementation of the Action Plan for Safety and Health at Work for the period 2024–2025, including the activities carried out and the results achieved within its framework. It requests the Government to provide information on any evaluation carried out of the Plan, in consultation with the social partners, and on how this evaluation contributes to the formulation of the Action Plan for the subsequent period.

In addition, the Committee recalls the pending comments regarding the technical OSH Conventions ratified: the White Lead (Painting) Convention, 1921 (No. 13), the Underground Work (Women) Convention, 1935 (No. 45), the Guarding of Machinery Convention, 1963 (No. 119), the Benzene Convention, 1971 (No. 136), the Occupational Cancer Convention, 1974 (No. 139), the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), Occupational Health Services Convention, 1985 (No. 161), Asbestos Convention, 1986 (No. 162) adopted in 2023. The Government will be requested to reply to those comments in accordance with the reporting cycle.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.13, C.119, C.136, C.139, C.148, C.155, C.161, C.162 and C.187

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on Occupational Safety and Health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 45 (underground work (women)), 119 (guarding of machinery) 136 (benzene), 139 (occupational cancer), 148 (air pollution, noise and vibration), 155 (OSH), 161 (occupational health services), 162 (asbestos) and 187 (promotional framework for OSH) together.

Legislative developments and application in practice of Conventions Nos 13, 119, 136, 139, 148, 155, 161, 162 and 187. The Committee notes the information provided by the Government on the recent legislative measures taken in consultation with the employers’ and workers’ organizations, including the amendment or adoption of new Rulebooks on safety and health. It also notes the Government’s indication that consultations have been held with government institutions, employers’ and workers’ organizations, as well as OSH experts, for the drafting of a new regulation on occupational safety and health in manual handling of loads, as well as a new law on occupational safety and health. The Committee also notes the information provided by the Government in its report on the number of inspections carried out, violations detected, and sanctions imposed. The Committee requests the Government to continue to provide information on the application in practice of the ratified Conventions on OSH, including the number, nature and cause of the occupational accidents and diseases notified, as well as information on the inspection activities carried out, including the number of inspections conducted, violations detected, and penalties imposed.

A. General Provisions

Occupational Safety and Health Convention, 1981 (No. 155) and Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

The Committee notes the information provided by the Government on Article 5(a),(b), (c), (d) and (e),Article 10,Article 11(a), (b), (d) and (f), and Article 14 of Convention No. 155, as well as Article 2(2) and Article 4 of Convention No. 187, which respond to the Committee’s previous requests.

Article 2(3) of Convention No. 187. Ratification of relevant OSH Conventions of the ILO. Further to its previous comments, the Committee notes the information provided by the Government on the initiatives and procedures taken in consultation with employers’ and workers’ organizations for the possible ratification of the Safety and Health in Construction Convention, 1988 (No. 167), the Safety and Health at Work in Mines Convention, 1955 (No. 176) and the Safety and Health in Agriculture Convention, 2001 (No. 184), including the conduct of gap analyses of the legislation in relation to the standards provided for by these Conventions. It also notes the Government’s indication that the discussion on the possible ratification of these Conventions is on the agenda of the next session of the tripartite Economic and Social Council. The Committee requests the Government to continue to provide information on the consideration given to the ratification of Conventions Nos. 167, 176 and 184, including progress made in this regard. It also requests the Government to provide information on the consultations held in that respect in the Economic and Social Council.

Articles 4, 6, 7 and 15 of Convention No. 155 and Article 3 of Convention No. 187. National policy on OSH. Further to its previous comments, the Committee notes the Government’s indications that, in accordance with section 43(2) of the OSH Law of 2007, the National Council for Safety and Health at Work (OSH Council) examines and makes recommendations on the situation in the field of OSH, the development of OSH laws and regulations, policies to prevent and reduce occupational accidents and diseases and the OSH programme. The Council meets at least three times a year.

The Committee notes the Government’s indications that the Strategies for Safety and Health at Work for 2020 and 2021–25, and its corresponding Action Plans, were prepared in coordination with the OSH Council, as well as with employers’ and workers’ organizations and relevant OSH experts. Implementation of the Strategy for 2020 included the initiation of consultations for the amendment of the OSH Law, training activities on the prevention of occupational risks carried out by the State Labour Inspectorate and various workers’ organizations, awareness-raising activities in the field of OSH carried out by the Institute of Occupational Medicine and university institutions and research activities for the prevention of work-related stress. The review and evaluation process of the OSH Strategy 2020 was carried out within the OSH Council. Several areas for improvement were identified, including mechanisms for the notification of occupational accidents and diseases and the effective implementation of the National Programme for the Elimination of Diseases caused by Asbestos.

The Government indicates that the priorities of the OSH Strategy for 2021–25 include the improvement of the OSH legal framework and the implementation of OSH measures to respond to existing and emerging risks. The OSH Strategy for 2021–25 focuses on risk prevention, awareness-raising and the participation and cooperation of relevant OSH actors, including government institutions, employers’ and workers’ organizations, occupational medicine and educational institutions. The Committee requests the Government to continue to provide information on the implementation and periodic review of the OSH strategies, in consultation with employers’ and workers’ organizations. In this regard, it requests the Government to indicate the results of these reviews including the main problems identified, the methods for addressing them and the priorities for action established.

Article 11(c) and (e) of Convention No. 155. Establishment and application of procedures for the notification of occupational accidents and diseases and production and publication of annual statistics. Further to its previous comments, the Committee notes that under section 36 of the OSH Law, the employer has the obligation to immediately, and at the latest within 48 hours after the event, notify the labour inspector and the president of the trade union organization of any deaths, collective accidents or injuries at work and of any phenomenon that poses an immediate danger to the safety of workers. The Committee requests the Government to provide further information on the measures taken to progressively carry out the application of procedures for the notification of occupational accidents and diseases by employers, insurance institutions and others directly concerned. It also requests the Government to provide information on the measures taken for the production and publication of annual statistics on occupational accidents and diseases.

Article 12 of Convention No. 155. Obligations for those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee requests the Government to provide information on the measures taken, in law and in practice, to ensure the responsibilities of those who design, manufacture, import, provide or transfer machinery and equipment for occupational use with regard to the safety and security of concerned persons, as required by Article 12 of the Convention.

Article 5. National programme on OSH. Further to its previous comments, the Committee notes the Government’s indications that the Action Plan for the period 2021–23 for the implementation of the OSH Strategy for 2021–25, has been established in consultation with employers and workers organizations. The documents on the OSH Strategy for 2021–25 and its corresponding plan for the period 2021–23 have been distributed to all relevant OSH entities and have been published on the website of the Ministry of Labour and Social Policy. The Committee further notes that the Action Plan establishes the corresponding time frames for each of the activities, the responsible institutions for each of the activities planned, as well as the monitoring indicators. The Committee requests the Government to provide information on any evaluation carried out of the OSH Action Plan for the period 2021–23 in consultation with the social partners, and on how this evaluation contributes to the formulation of the Action Plan for the subsequent period.

Occupational Health Services Convention, 1985 (No. 161)

The Committee notes the information provided by the Government on Article 5 of the Convention on functions of occupational health services, which responds to the Committee’s previous requests.

Article 1(a)(ii) of the Convention. Adaptation of work to the capabilities of workers. Further to its previous comments, the Committee notes that the Government indicates that, among its functions, the Institute of Public Health proposes and applies the criteria for the assessment of workers’ capacity to work required by other regulations. It also notes that under section 20 of the OSH Law of 2007, authorized health institutions are responsible for submitting proposals on safety measures and for consulting on the selection of more suitable work tasks. The Committee requests the Government to provide further information on how the criteria proposed by the Institute of Public Health on the assessment of workers’ capacity to work are taken into account by occupational health services when advising employers, workers and their representatives in undertakings on the adaptation of work to the capabilities of workers in the light of their state of physical and mental health.

Articles 2 and 4. Coherent national policy on occupational health services in consultation with the most representative organizations of employers and workers and measures taken to give effect to the provisions of the Convention. In response to its previous comments, the Committee notes that the Government indicates that (i) representative organizations of employers and workers are consulted in the framework of the tripartite OSH Council and Economic and Social Council; (ii) in accordance with section 43(2) of the OSH Law of 2007, the OSH Council examines, issues opinions and recommendations and continuously reviews the national occupational safety and health strategies and their action plans, as well as the development of OSH laws and regulations; (iii) the review of the implementation of strategic priority No. 2 of the National Strategy for Safety and Health 2021–25 and its Action Plan for Safety and Health at Work 2021–23 concerning the protection of workers’ health highlights the need to improve both public and private occupational health services, in terms of the coverage of occupational health services, the functions they perform, the quality of the services provided and the surveillance of workers’ health; and (iv) under section 23 of the Law on Health Care, the Institute of Public Health, as coordinator of the national Network of Occupational Health, including public and private occupational health services, provides methodological and expert advice to occupational health services. The Committee requests the Government to provide information on the measures taken to ensure the effective implementation of the national OSH strategies and their action plans, with respect to occupational health services, including the progress made in addressing the deficiencies identified.

Article 3. Progressive development of occupational health services for all workers. In response to its previous comments, the Committee notes that the Government indicates that work activities excluded from the OSH Law of 2007 are covered by occupational health services provided by different State agencies and ministries including the Ministry of Health, the State Sanitary and Health Inspectorate, the Pension and Disability Committees from the Pension and Disability Insurance Fund and the army headquarters. The Government also indicates that the Institute of Public Health has initiated public health interventions in cooperation with the Ministry of Health and the Ministry of Labour and Social Policy to increase the coverage of occupational health services for vulnerable groups of workers, including workers in the informal economy, and adds that there is still a need for further development of occupational health services in order to improve their coverage for all workers in practice, including young workers, older workers, women workers, workers in high-risk sectors such as construction, agriculture, mining and health, as well as workers in small and medium-sized enterprises, migrant workers and workers in the informal economy. The Committee requests the Government to continue to provide information on the measures taken to ensure the progressive development of occupational health services for all workers in practice.

Articles 7, 9 and 10. Organization and conditions of operation for occupational health services. With reference to its previous comments, the Committee notes that the Government indicates that: (i) occupational health services are an integral part of the country’s healthcare system; (ii) the occupational health network, composed of public and private healthcare facilities, is coordinated by the Institute of Public Health, which has a multidisciplinary approach; (iii) according to the data from the Ministry of Health, there are 52 authorized occupational health facilities with 71 occupational health specialists; (iv) under section 7 of the OSH Law of 2007, occupational health services shall cooperate with the other services in the undertaking; and (v) it is necessary to establish coordination mechanisms between occupational health services and other services with health competencies. The Committee requests the Government to provide information on the measures taken to ensure adequate cooperation and co-ordination between occupational health services and, as appropriate, other bodies concerned with the provision of health services.

Article 15. Occupational health services to be informed of any known factors which may affect the health of workers. The Committee requests the Government to provide information on the measures taken to ensure that occupational health services are informed of cases of ill health among workers and of absence from work for health reasons, so as to be able to identify whether there is any link between the reasons for ill health or absence and any health risks that may be present in the workplace.

B. Protection against specific risks

White Lead (Painting) Convention, 1921 (No. 13)

Article 5, Part III(a). Notification of cases of lead poisoning. The Committee refers to its comment above on Article 11(c) of Convention No. 155.

Guarding of Machinery Convention, 1963 (No. 119)

The Committee notes the information provided by the Government concerning Articles 12 and 14 of the Convention, which responds to the Committee’s previous request.

Article 1(3) of the Convention. Application of the provisions of the Convention to road and rail vehicles and to mobile agricultural machinery. The Committee once again requests the Government to provide information on any measures taken or envisaged to ensure the effective application of the provisions of the Convention to road and rail vehicles and to mobile agricultural machinery.

Articles 2 and 4. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. Recalling once more that the objective of Article 2 of the Convention is to guarantee that machines are safe before they are operated or in use, the Committee, once again, requests the Government to provide information on any measures taken or envisaged to ensure that the sale and hire of machinery of which the dangerous parts specified in Article 2(3) and (4) are without appropriate guards shall be prohibited by national laws or regulations or prevented by other equally effective measures.

Article 3(3). Sale or transfer of machinery for storage, scrapping or reconditioning. The Committee, once again, requests the Government to provide information on measures taken or envisaged to give effect to Article 3 of the Convention.

Article 10. Measures establishing the employers’ obligation to bring relevant national legislation to the notice of workers and workers’ instructions. The Committee requests the Government to indicate how employers give notice to workers and instruct them regarding the dangers arising, and the precautions to be observed, in the use of machinery and establish and maintain environmental conditions so as not to endanger workers covered by the Convention.

Benzene Convention, 1971 (No. 136)

Legislation. With reference to its previous comments, the Committee notes the information provided by the Government on the measures giving effect to the Convention set out in the Rulebook on the minimum requirements for safety and health at work for employees from risks related to exposure to carcinogens, mutagens or substances toxic to the reproductive system No. 110 of 2010.

The Committee also notes the information provided by the Government on the measures set out in the Rulebook on the minimum requirements for occupational safety and health of employees from risks related to exposure to chemical substances, published in the Official Gazette No. 46 of 2010. It notes the prohibitions on the production and use of benzene established in Appendix No. 3, as well as the binding limit value for occupational exposure to benzene of 1 ppm established in Appendix No. 1 of this Rulebook. Lastly, it notes the Government’s indication that the State Labour Inspectorate together with the State Sanitary and Health Inspectorate are the authorities competent to supervise the compliance of the Rulebooks. The Committee notes this information which responds to its previous request.

Occupational Cancer Convention, 1974 (No. 139)

The Committee notes the information provided by the Government concerning Article 6(a) and (b) of the Convention on consultations with the most representative organizations of employers and workers concerned and bodies in charge of ensuring compliance with the provisions of the Convention, which responds to the Committee’s previous request.

Article 1(1) of the Convention. Periodic determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control.The Committee requests the Government to indicate the measures taken to ensure that the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control is periodically determined taking into account the latest information contained in the codes of practice or guides which may be established by the ILO, as well as information from other competent bodies.

Article 5. Medical examination and health supervision. Further to its previous comments, the Committee notes the Government indications of the requirements related to health examination prior to and during the employment relationship (section 1 of the Decree on the type, method, scope and price list of health examinations of employees No. 60 of 2013).

It also notes the Government’s indication that under section 16(2) of the Rulebook on the minimum requirements for safety and health at work for employees from risks related to exposure to carcinogens, mutagens or substances toxic to the reproductive system of 2010, workers should be provided with information and advice on the subsequent monitoring of health conditions after the end of exposure. It further notes the Government’s indication that medical examinations after termination of employment are not frequently carried out in practice. The Committee once again requests the Government to provide information on the measures adopted to ensure that workers exposed to carcinogenic substances and agents are provided with medical examinations or biological or other tests or investigations after the period of employment, to evaluate and supervise their state of health in relation to occupational hazards, in accordance with Article 5 of the Convention.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

The Committee notes the information provided by the Government, in response to its previous request, on the measures to give effect to Articles 1(2) and (3), 7(2), (1) and (2), 11(3) and 12 of the Convention.

Article 8(3). Criteria for determining the hazards of exposure to air pollution, noise and vibration and exposure limits.The Committee requests the Government to provide information regarding the manner in which it is ensured that criteria and exposure limits are revised regularly in the light of current national and international knowledge and data, taking into account as far as possible any increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace, in accordance with Article 8(3) of the Convention.

Article 12. Notification to the competent authority.The Committee requests the Government to provide information regarding the measures taken or envisaged to give full effect to this provision of the Convention in respect of noise and vibration.

Asbestos Convention, 1986 (No. 162)

Article 3 of the Convention. Protection of workers against health hazards due to occupational exposure to asbestos. With regard to its previous comment on the implementation of the prohibition of asbestos established in the List of Prohibition and Restrictions for Use of Chemicals No. 57 of 2011, the Committee notes the information provided by the Government on the enforcement activities conducted by the State Labour Inspectorate and information and awareness activities carried out. It also notes the information provided by the Government on the difficulties encountered in the implementation of the prohibition of asbestos, including (i) the lack of knowledge and information of employers regarding their obligations in the implementation of the Rulebook on minimum requirements for safety and health of employees from the risks associated with exposure to asbestos at work (including obligations on measurements of asbestos fibres, on the training of employees and issuance of certificates to the employer for competency to work with asbestos materials) and (ii) the number of workers in the informal economy who perform activities with asbestos.

In this regard, the Committee notes the information provided by the Government on the considerable number of workers who work with asbestos comprising employees working in the maintenance and demolition of older buildings built with materials containing asbestos in the storage and transportation of asbestos waste and in the maintenance of household appliances and motor vehicles containing parts of asbestos materials. In this context, the Committee requests the Government to continue to provide information on the implementation of measures to protect workers who may be exposed to asbestos in the course of their work, including with respect to the application of Article 13 (employer’s obligation to notify certain types of work involving exposure to asbestos), Article 15 (obligations regarding the limits for the exposure of workers to asbestos), Article 17 (obligations regarding demolition of plants or structures containing asbestos), Article 18 (obligations regarding workers’ clothing and washing facilities), Article 19 (obligations regarding the disposal of waste containing asbestos) and Article 22(1) (medical examinations; measures when continued assignment to work involving exposure to asbestos is found to be medically inadvisable) of the Convention.

Article 4. Consultations with the most representative organizations of employers and workers concerned regarding the measures to be taken to give effect to the provisions of the Convention. Further to its previous comments, the Committee notes the Government’s indication that during 2018 and 2019, the Institute of Occupational Medicine implemented a campaign to strengthen awareness and capacities to deal with the problem of asbestos at the national, local and enterprise levels, within the framework of the National Programme for the Elimination of Diseases Caused by Asbestos.

The Committee further notes that the OSH Strategy for 2021–25 and the OSH Action Plan for the period 2021–23, which have been developed in consultation with employers’ and workers’ organizations, provide for a number of activities, including the revision of limit values, the identification of risk groups of workers, the implementation of the National Programme for the Elimination of Diseases Caused by Asbestos and the preparation of an awareness-raising campaign on the risk of the harmful effects of asbestos in the working environment for different target groups. Taking due note of these measures, the Committee requests the Government to provide information on the results achieved in the activities concerning the protection of workers’ safety and health from asbestos carried out in the framework of the OSH Strategy for 2021–25 and the OSH Action Plan for the period 2021–23, including information on the implementation of the National Programme for the Elimination of Diseases Caused by Asbestos.

Article 21(5). Notification of occupational diseases. Further to its previous comments, the Committee notes the information provided by the Government on issues related to the non-reporting of asbestos-related occupational diseases, including insufficient information on the number of workers with previous exposure to asbestos and the difficulties with the registration of occupational diseases in the Institute of Public Health.

It notes in this respect that the National Programme for the Elimination of Diseases Caused by Asbestos foresees the creation of a register of workers with current and previous exposure to asbestos and an increase in the number of laboratories to carry out measurements of asbestos concentration in the working environment.

In addition, the Committee notes that the Institute of Occupational Medicine developed a methodology for screening of asbestos-related diseases applicable to current and previous occupational exposure, which was applied in a pilot study in 2018 monitoring the effects of previous asbestos exposure of 110 employees of a former asbestos cement production plant. Noting that the improvement of the registration of occupational diseases is one of the most important courses of action within the National Programme for the Elimination of Diseases Caused by Asbestos and the OSH Strategy for 2021–25, the Committee requests the Government to provide information on the progress made with the registration of asbestos related-diseases of workers with previous and current occupational exposure, as well as on the development of a system of notification of occupational diseases caused by asbestos, in conformity with Article 21(5) of the Convention. It also requests the Government to provide information on the number of cases of occupational diseases caused by asbestos identified through the application of the screening methodology developed and notified to the competent authority.

A. Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to follow-up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying the most up-to-date instruments in this subject area.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(3) of the Convention. Application of the provisions of the Convention to road and rail vehicles and to mobile agricultural machinery. With reference to its previous comments, the Committee notes the information in the Government’s report that road vehicles and agricultural and forestry tractors are regulated by the Law on Vehicles (Official Gazette of Republic of Macedonia No. 140/08, 53/11, 123/12, 70/13 and 164/13) and that the State Agricultural Inspectorate or the State Forestry Inspectorate have jurisdiction over the agricultural and forestry tractors that are used in agricultural or forestry works. The Committee also notes that the vehicles undergo maintenance and are subject to safety regulations. However, the Committee observes that the Government’s report does not contain any information with regard to measures taken to ensure the effective application of this provision of the Convention to road and rail vehicles during locomotion in relation to the safety of the operator, and to mobile agricultural machinery in relation to the safety of workers employed in connection with such machinery. The Committee therefore once again requests the Government to provide further information on the measures taken to ensure the effective application of this provision of the Convention.

Articles 2 and 4. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. The Committee previously noted the lists of dangerous parts and categories of machinery contained in Annex IV of the Rulebook on Machinery Safety and the basic requirements for safety and health in connection with the design and manufacture of machinery contained in Annex I of this Rulebook. It noted that the enumeration of dangerous parts contained in the Rulebook on Machinery Safety did not include all the parts explicitly enumerated in Article 2 of the Convention. The Committee notes the information in the Government’s current report that a list of safety components is drafted in Annex V of the Rulebook on Machinery Safety and that it is necessary for the dangerous parts and the machines to comply with the standards in the List of Standards (Official Gazette of Republic of Macedonia No. 143/12) to ensure that the product is safe. However, the Committee notes that there is no indication in the Government’s report of legislation or other equally effective measures prohibiting the sale and hire of machinery of which the dangerous parts, specified in Article 2(3) and (4), are without appropriate guards. In this regard, the Committee wishes to draw the Government’s attention to the objective of Article 2 of the Convention, which is to guarantee that machines are safe before they reach the user, whereas the abovementioned legislation refers to general safety provisions concerning the guarding of machinery once it is in use.The Committee requests the Government to ensure that the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards must be prohibited by national laws or regulations or prevented by other equally effective measures and to provide information in this respect. It therefore requests the Government to take all appropriate measures to include the list of dangerous parts of machinery as contained in Article 2(3) and (4) of the Convention, in the relevant laws and regulations.

Article 3(3). Sale or transfer of machinery for storage, scrapping or reconditioning. The Committee notes the information in the Government’s report that if the machines do not comply with the provisions of the Rulebook on Machinery Safety, the state labour inspectorate takes appropriate measures for limiting or prohibiting those machines to be placed on the market in accordance with section 18 of the Rulebook on Machinery Safety or it guarantees that the machines are withdrawn from the market, in accordance with section 36 of the Law on Product Safety. The Committee notes that section 18 of the Rulebook on Machinery Safety refers to the marking and labelling of machinery and that section 36 of the Law on Product Safety refers to powers of the inspection authorities during an inspection. The Committee therefore notes that neither of the provisions refers to the sale or transfer of machinery for storage, scrapping or reconditioning.The Committee requests the Government to provide information on measures taken or envisaged to give effect to Article 3 of the Convention.

Article 10. Measures establishing the employers’ obligation to bring relevant national legislation to the notice of workers and workers’ instructions. The Committee previously noted that section 14 of the Law on Occupational Safety and Health prescribes that the employer shall provide signs of danger and instruction for safe use on the working equipment and means of work, in accordance with a special regulation. The Committee notes from the Government’s current report that in accordance with Annex VII of the Rulebook on Machinery Safety, the manufacturer of machines is obliged to provide a Technical File before placing the machines on the market, which includes comprehensive information, including a copy of the guidelines for operating the machines, descriptions and explanations needed for the handling of the machines, risk assessment documentation which show the list of essential requirements applicable, and a description of precautions for eliminating the identified dangers or reducing the risks, and if applicable, other risks related to the machines.The Committee once again requests the Government to provide further information on the special regulation mentioned in section 14 of the Law on Occupational Safety and Health. It also requests the Government to indicate how employers give notice to workers and instruct them regarding the dangers arising, and the precautions to be observed, in the use of machinery and establish and maintain environmental conditions so as not to endanger workers covered by the Convention.

Articles 12 and 14. Measures ensuring that workers’ rights under national social security or social insurance legislation are not affected and measures ensuring that the term employer includes a prescribed agent of the employer. The Committee notes the information in the Government’s report that the operation of machines by workers does not influence their social security rights which arise from the employment contract or when regulated by the Law on Working Relations, and that the working position itself is irrelevant for the realization of the right to social insurance. The Committee also notes that an employer can be a legal entity, a natural person or a person authorized by the employer to perform operations on its behalf.The Committee requests the Government to indicate the specific provisions of the national legislation which give effect to the Articles 12 and 14 of the Convention and to submit a copy these provisions along with its next report.

Application of the Convention in practice. The Committee requests the Government to give an appreciation of the manner in which this Convention is applied in the country, including, for example, extracts from inspection reports and information on any practical difficulties in the application of this Convention.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(1) of the Convention. Periodic determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. Further to its previous comment, the Committee notes that, in 2014, the Ministry of Health and the Institute for Public Health conducted a survey in all authorized institutions for occupational safety, which required these institutions to submit data on measurements of each occupational hazard performed in the last three years. The Government indicates that the analysis of the data collected is still ongoing.Recalling that Article 1 of the Convention calls for the periodical review of the list of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control, the Committee requests the Government to indicate the manner in which this list is reviewed at periodical intervals as well as the manner in which the results of the abovementioned survey are used in this process.

Article 5. Medical examination and health supervision. In reply to the Committee’s previous comment, the Government indicates that the types of medical examinations provided to workers with an increased risk of exposure to carcinogenic and mutagenic substances are determined by the new Decree on the Type, Manner, Volume and Pricing of Health Examinations of Workers (No. 60/2013).The Committee requests the Government to supply a copy of this text. The Government is also requested to provide information on the measures taken to ensure, that workers exposed to carcinogenic substances and agents are also provided with medical examinations after the period of employment, to evaluate and supervise their state of health in relation to occupational hazards, in accordance with this provision.

Article 6(a). Consultations with the most representative organizations of employers and workers concerned. The Committee notes that the Government’s report contains no information on this point.The Committee is therefore bound to reiterate its request to the Government to provide information on the manner in which consultations are held with the most representative organizations of employers and workers concerned on measures taken to give effect to the Convention.

Article 6(b). Bodies in charge of ensuring compliance with the provisions of the Convention. The Committee notes the information provided by the Government concerning the obligations of employers.The Committee requests the Government to indicate the statutory body or bodies in charge of supervising the implementation of the provisions of the Convention and of ensuring compliance therewith.

Application of the Convention in practice. The Committee notes from the Government’s report that there is currently no statistical data on occupational diseases due to exposure to carcinogenic substances or agents, but that a Professional Diseases Registry will be established. The Committee also notes that the Health and Environment Committee is currently reviewing the implementation of the laws and regulations on exposure to carcinogenic substances and agents.The Committee requests the Government to provide further information on the ongoing review process and its results as well as on any developments concerning the establishment of the Professional Diseases Registry. The Government is also requested to provide information on inspection visits carried out, the number and nature of contraventions detected and the sanctions imposed relating to the application of the Convention.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(2) and (3) of the Convention. Scope. The Committee notes from the Government’s report that activities regulated by special laws, such as the armed forces, the police, and some of the activities of the rescue and protection forces, as well as customs workers, are not covered by the Law on Occupational Safety and Health (Law on OSH). It notes however, that domestic workers are now covered by the Law on OSH as of October 2011.The Committee requests the Government to take the appropriate measures, including the adoption of new legislation, to guarantee the application of the Convention to workers which are not covered by the Law on OSH.

Article 4(1). Measures to be taken for the prevention and control of occupational hazards. The Committee notes in the Government’s report information on measures for the reduction and prevention of risks at work and that the Government refers to section 12 of the Law on OSH, which states the general obligation of an employer in regard to occupational safety and health. The Committee notes that this provision is not specific to the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration. The Committee does note however, that section 4 of the Rulebook for occupational safety and health regarding exposure to the risks arising from noise states the exposure limits for noise, but does not give specific measures to be taken in order to reduce the risk associated with such exposure. The Committee further notes that if an employer does not act upon a decision by the state labour inspector, the state labour inspector proposes a settlement procedure before applying for an infringement procedure to the competent court.The Committee once again requests the Government to indicate the specific provisions in its national legislation which provide for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration.

Article 7(2). Rights of workers or their representatives. The Committee previously noted the information provided by the Government regarding sections 27, 31(1) and 38(2) of the Law on OSH. The Committee asked the Government to indicate the measures taken or envisaged, in law and in practice, to allow workers or their representatives to appeal to appropriate bodies so as to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment.Noting that the Government has not supplied the information requested, the Committee once again requests it to do so.

Article 8(1). Establishing criteria for determining hazards. The Committee previously asked the Government to indicate the measures taken or envisaged, in law and in practice, to establish criteria for determining the hazards of exposure to air pollution in the working environment.Noting that the Government’s report contains no information in this regard, the Committee once again requests the Government to indicate the measures taken or envisaged, in law and in practice, to establish criteria for determining the hazards of exposure to air pollution in the working environment.

The Committee also notes, once again, that the Government has omitted to provide information on the application of Articles 8(2)–(3),11(3),12,and14of the Convention.The Committee reiterates its request that the Government provides information on the application of these Articles, in law and in practice.

Application of the Convention in practice. The Committee notes from the Government’s report that, in 2013, the state labour inspectors covered 134,693 employees in the field of occupational safety and health and performed examinations of allowed values of exposure to noise and vibrations in 150 legal entities, and that identified deficiencies have been corrected.The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country and to provide, where such statistics exist, information on the number and nature of the contraventions reported, and the number, nature and cause of occupational accidents and diseases reported.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(a)(ii) of the Convention. Adaptation of work to the capabilities of workers. Pursuant to its previous comments, the Committee notes the Government’s indication that the Institute of Public Health (the Institute) is the specialized public health institution responsible for the collection, processing and evaluation of health statistics within all areas of health care (Law on Healthcare Records, Official Gazette of Republic of Macedonia No.20/2009). The Institute established a registry in 2014 and is currently collecting and processing data on the operation of the authorized occupational health institutions. An integral part of this registry includes data for advising employers, workers and their representatives of companies that have concluded agreements with authorized occupational health institutions or institutions that otherwise provide services that arise from Law on Occupational Safety and Health (Law on OSH).The Committee requests the Government to provide information on the data gathered by the registry of the Institute, and how effect is given to this Article of the Convention for workers who work in companies which have not concluded an agreement with the authorized occupational health institutions.

Articles 2 and 4. Coherent national policy on occupational health services in consultation with the most representative organizations of employers and workers and measures taken to give effect to the provisions of the Convention. The Committee notes the information in the Government’s report that there are currently no records which refer to consultations with the representative organizations of employers and workers for measures that need to be undertaken in order to protect and promote the health of workers’, as previously requested by the Committee. The Committee recalls that in accordance with Articles 2 and 4 of the Convention, the competent authority shall, both in regard to the formulation, implementation and periodic review of a coherent national policy on occupation health services and the measures taken to give effect to the provisions of the Convention, consult with most representative organizations of employers and workers, where they exist. It further notes that the Occupational Safety and Health Strategy of the Republic of Macedonia (2011–15) is available on the Ministry of Health’s website.The Committee requests the Government to take the appropriate measures to ensure that consultations with the most representative organizations of employers and workers are held, both in regard to the formulation, implementation and periodical review of a coherent national policy on occupational health services and with regard to measures taken to give effect to the provisions of the Convention, and to provide information in this respect.

Article 3. Progressive development of occupational health services for all workers. The Committee notes from the Government’s report under the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) that activities regulated by special laws, such as the armed forces, the police, and some of the activities of the rescue and protection forces, as well as customs workers, are not covered by the Law on OSH. It also notes the Government’s indication that the Military Medical Centre provides occupational safety and health for the members of the armed forces and that the Polyclinic of the Ministry of Internal Affairs provides services for the employees of that Ministry.The Committee requests the Government to indicate the measures taken or envisaged to ensure the progressive development of occupational health services for all other workers that are not covered by the Law on OSH.

Article 5. Functions of the occupational health service. Noting that the Government has not supplied the information requested in this respect, the Committee once again requests the Government to indicate the specific provisions which give effect to each paragraph under Article 5.

Articles 7, 9 and 10. Organization and conditions of operation for occupational health services. The Committee notes from the Government’s report that the integration of the occupational safety and health functions is presently under analysis to identify the strengths and weaknesses of the actual occupational safety and health system. Pursuant to the decision by the Government on 19 November 2013, proposed by the Committee on Health and Environment, in cooperation with the Institute of Public Health of Republic of Macedonia, data is being collected on performed risk assessments, the number of workplaces under risk, the number of exposed workers and equipment owned by these institutions, in order to be able to perform the periodic measurements of the hazards in the working environment. The Committee notes the Government’s indication that while the analysis should identify the strengths and weaknesses of the OSH system, in the past three years, the largest occupational health institutions have not submitted their work reports, although a request by the Minister of Health was delivered in April of this year.The Committee requests the Government to provide information on the outcome of the analysis of the performed risk assessments. It reiterates its request for the Government to take measures, in law and in practice, to ensure the full application of Articles 7, 9 and 10 concerning the organisation and conditions of operation of occupational health services and to provide information in this respect.

Article 15. Occupational health services to be informed of any known factors which may affect the workers’ health. The Committee notes that Occupational Health Services shall be notified of any identified risks at the workplace through referrals for preventive health examinations and that sick leave, temporary absence from work due to medical reasons, shall be issued by selected physicians who provided integrated health protection services to patients. It further notes that in cases of increased frequency of sick leave, the employer may require data analysis.The Committee requests the Government to provide detailed information on the measures taken to ensure that occupational health services are informed of occurrences of ill health among workers, and 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 of the Convention in practice. The Committee notes from the Government’s report that, in 2013, labour inspectors in the area of occupational safety and health performed a total of 10,699 regular inspection supervisions; 4,167 control inspection supervisions, and 1,338 inspection supervisions based on injuries reported at work. In the same year, labour inspectors adopted 3,698 decisions regarding irregularities and deficiencies within specified deadlines out of 15,687 deficiencies identified. The Committee notes that most of the identified deficiencies concerned mandatory health examinations of employees in the authorized health institutions in the field of occupational medicine, and that the third leading cause was failure to conduct training of workers in occupational safety and health. Nonetheless, the Committee notes the Government’s statement that identified deficiencies are in decline compared to 2012 and that the inspections indicate the increased awareness of employers regarding safety at work and the safety of each employee.The Committee requests the Government to continue to give a general appreciation of the manner in which the Convention is applied in the country and to provide relevant statistics.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(3) of the Convention. Application of the provisions of the Convention to road and rail vehicles and to mobile agricultural machinery. With reference to its previous comments, the Committee notes the information in the Government’s report that road vehicles and agricultural and forestry tractors are regulated by the Law on Vehicles (Official Gazette of Republic of Macedonia No. 140/08, 53/11, 123/12, 70/13 and 164/13) and that the State Agricultural Inspectorate or the State Forestry Inspectorate have jurisdiction over the agricultural and forestry tractors that are used in agricultural or forestry works. The Committee also notes that the vehicles undergo maintenance and are subject to safety regulations. However, the Committee observes that the Government’s report does not contain any information with regard to measures taken to ensure the effective application of this provision of the Convention to road and rail vehicles during locomotion in relation to the safety of the operator, and to mobile agricultural machinery in relation to the safety of workers employed in connection with such machinery. The Committee therefore once again requests the Government to provide further information on the measures taken to ensure the effective application of this provision of the Convention.

Articles 2 and 4. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. The Committee previously noted the lists of dangerous parts and categories of machinery contained in Annex IV of the Rulebook on Machinery Safety and the basic requirements for safety and health in connection with the design and manufacture of machinery contained in Annex I of this Rulebook. It noted that the enumeration of dangerous parts contained in the Rulebook on Machinery Safety did not include all the parts explicitly enumerated in Article 2 of the Convention. The Committee notes the information in the Government’s current report that a list of safety components is drafted in Annex V of the Rulebook on Machinery Safety and that it is necessary for the dangerous parts and the machines to comply with the standards in the List of Standards (Official Gazette of Republic of Macedonia No. 143/12) to ensure that the product is safe. However, the Committee notes that there is no indication in the Government’s report of legislation or other equally effective measures prohibiting the sale and hire of machinery of which the dangerous parts, specified in Article 2(3) and (4), are without appropriate guards. In this regard, the Committee wishes to draw the Government’s attention to the objective of Article 2 of the Convention, which is to guarantee that machines are safe before they reach the user, whereas the abovementioned legislation refers to general safety provisions concerning the guarding of machinery once it is in use. The Committee requests the Government to ensure that the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards must be prohibited by national laws or regulations or prevented by other equally effective measures and to provide information in this respect. It therefore requests the Government to take all appropriate measures to include the list of dangerous parts of machinery as contained in Article 2(3) and (4) of the Convention, in the relevant laws and regulations.

Article 3(3). Sale or transfer of machinery for storage, scrapping or reconditioning. The Committee notes the information in the Government’s report that if the machines do not comply with the provisions of the Rulebook on Machinery Safety, the state labour inspectorate takes appropriate measures for limiting or prohibiting those machines to be placed on the market in accordance with section 18 of the Rulebook on Machinery Safety or it guarantees that the machines are withdrawn from the market, in accordance with section 36 of the Law on Product Safety. The Committee notes that section 18 of the Rulebook on Machinery Safety refers to the marking and labelling of machinery and that section 36 of the Law on Product Safety refers to powers of the inspection authorities during an inspection. The Committee therefore notes that neither of the provisions refers to the sale or transfer of machinery for storage, scrapping or reconditioning. The Committee requests the Government to provide information on measures taken or envisaged to give effect to Article 3 of the Convention.

Article 10. Measures establishing the employers’ obligation to bring relevant national legislation to the notice of workers and workers’ instructions. The Committee previously noted that section 14 of the Law on Occupational Safety and Health prescribes that the employer shall provide signs of danger and instruction for safe use on the working equipment and means of work, in accordance with a special regulation. The Committee notes from the Government’s current report that in accordance with Annex VII of the Rulebook on Machinery Safety, the manufacturer of machines is obliged to provide a Technical File before placing the machines on the market, which includes comprehensive information, including a copy of the guidelines for operating the machines, descriptions and explanations needed for the handling of the machines, risk assessment documentation which show the list of essential requirements applicable, and a description of precautions for eliminating the identified dangers or reducing the risks, and if applicable, other risks related to the machines. The Committee once again requests the Government to provide further information on the special regulation mentioned in section 14 of the Law on Occupational Safety and Health. It also requests the Government to indicate how employers give notice to workers and instruct them regarding the dangers arising, and the precautions to be observed, in the use of machinery and establish and maintain environmental conditions so as not to endanger workers covered by the Convention.

Articles 12 and 14. Measures ensuring that workers’ rights under national social security or social insurance legislation are not affected and measures ensuring that the term employer includes a prescribed agent of the employer. The Committee notes the information in the Government’s report that the operation of machines by workers does not influence their social security rights which arise from the employment contract or when regulated by the Law on Working Relations, and that the working position itself is irrelevant for the realization of the right to social insurance. The Committee also notes that an employer can be a legal entity, a natural person or a person authorized by the employer to perform operations on its behalf. The Committee requests the Government to indicate the specific provisions of the national legislation which give effect to the Articles 12 and 14 of the Convention and to submit a copy these provisions along with its next report.

Application of the Convention in practice. The Committee requests the Government to give an appreciation of the manner in which this Convention is applied in the country, including, for example, extracts from inspection reports and information on any practical difficulties in the application of this Convention.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes that in its brief report, the Government indicates that pursuant to the Law on Occupational Safety and Health (OSH), every employer has the obligation to draft and implement a safety statement specifying the measures to be undertaken with regard to OSH. The Government also refers to section 4(1) of the Rulebook on the Minimum Health and Safety Requirements Regarding the Exposure of Workers to Chemical Substances (Official Gazette of the Republic of Macedonia No. 46/10) (hereinafter “the Rulebook”), which states that the binding limit values for professional exposure are provided for in Annex No. 1 and are fully implemented and monitored by inspection services. Once again recalling that, under article 22 of the ILO Constitution, the Government is required to submit regular reports on the measures which it has taken to give effect to the provisions of the Conventions to which it is a party, the Committee requests the Government to provide detailed information on the effect given to each Article of the Convention, in law and in practice, including specific references to the relevant provisions of the abovementioned Rulebook.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(1) of the Convention. Periodic determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. Further to its previous comment, the Committee notes that, in 2014, the Ministry of Health and the Institute for Public Health conducted a survey in all authorized institutions for occupational safety, which required these institutions to submit data on measurements of each occupational hazard performed in the last three years. The Government indicates that the analysis of the data collected is still ongoing. Recalling that Article 1 of the Convention calls for the periodical review of the list of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control, the Committee requests the Government to indicate the manner in which this list is reviewed at periodical intervals as well as the manner in which the results of the abovementioned survey are used in this process.

Article 5. Medical examination and health supervision. In reply to the Committee’s previous comment, the Government indicates that the types of medical examinations provided to workers with an increased risk of exposure to carcinogenic and mutagenic substances are determined by the new Decree on the Type, Manner, Volume and Pricing of Health Examinations of Workers (No. 60/2013). The Committee requests the Government to supply a copy of this text. The Government is also requested to provide information on the measures taken to ensure, that workers exposed to carcinogenic substances and agents are also provided with medical examinations after the period of employment, to evaluate and supervise their state of health in relation to occupational hazards, in accordance with this provision.

Article 6(a). Consultations with the most representative organizations of employers and workers concerned. The Committee notes that the Government’s report contains no information on this point. The Committee is therefore bound to reiterate its request to the Government to provide information on the manner in which consultations are held with the most representative organizations of employers and workers concerned on measures taken to give effect to the Convention.

Article 6(b). Bodies in charge of ensuring compliance with the provisions of the Convention. The Committee notes the information provided by the Government concerning the obligations of employers. The Committee requests the Government to indicate the statutory body or bodies in charge of supervising the implementation of the provisions of the Convention and of ensuring compliance therewith.

Application of the Convention in practice. The Committee notes from the Government’s report that there is currently no statistical data on occupational diseases due to exposure to carcinogenic substances or agents, but that a Professional Diseases Registry will be established. The Committee also notes that the Health and Environment Committee is currently reviewing the implementation of the laws and regulations on exposure to carcinogenic substances and agents. The Committee requests the Government to provide further information on the ongoing review process and its results as well as on any developments concerning the establishment of the Professional Diseases Registry. The Government is also requested to provide information on inspection visits carried out, the number and nature of contraventions detected and the sanctions imposed relating to the application of the Convention.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(2) and (3) of the Convention. Scope. The Committee notes from the Government’s report that activities regulated by special laws, such as the armed forces, the police, and some of the activities of the rescue and protection forces, as well as customs workers, are not covered by the Law on Occupational Safety and Health (Law on OSH). It notes however, that domestic workers are now covered by the Law on OSH as of October 2011. The Committee requests the Government to take the appropriate measures, including the adoption of new legislation, to guarantee the application of the Convention to workers which are not covered by the Law on OSH.

Article 4(1). Measures to be taken for the prevention and control of occupational hazards. The Committee notes in the Government’s report information on measures for the reduction and prevention of risks at work and that the Government refers to section 12 of the Law on OSH, which states the general obligation of an employer in regard to occupational safety and health. The Committee notes that this provision is not specific to the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration. The Committee does note however, that section 4 of the Rulebook for occupational safety and health regarding exposure to the risks arising from noise states the exposure limits for noise, but does not give specific measures to be taken in order to reduce the risk associated with such exposure. The Committee further notes that if an employer does not act upon a decision by the state labour inspector, the state labour inspector proposes a settlement procedure before applying for an infringement procedure to the competent court. The Committee once again requests the Government to indicate the specific provisions in its national legislation which provide for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration.

Article 7(2). Rights of workers or their representatives. The Committee previously noted the information provided by the Government regarding sections 27, 31(1) and 38(2) of the Law on OSH. The Committee asked the Government to indicate the measures taken or envisaged, in law and in practice, to allow workers or their representatives to appeal to appropriate bodies so as to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment. Noting that the Government has not supplied the information requested, the Committee once again requests it to do so.

Article 8(1). Establishing criteria for determining hazards. The Committee previously asked the Government to indicate the measures taken or envisaged, in law and in practice, to establish criteria for determining the hazards of exposure to air pollution in the working environment. Noting that the Government’s report contains no information in this regard, the Committee once again requests the Government to indicate the measures taken or envisaged, in law and in practice, to establish criteria for determining the hazards of exposure to air pollution in the working environment.

The Committee also notes, once again, that the Government has omitted to provide information on the application of Articles 8(2)–(3), 11(3), 12, and 14 of the Convention. The Committee reiterates its request that the Government provides information on the application of these Articles, in law and in practice.

Application of the Convention in practice. The Committee notes from the Government’s report that, in 2013, the state labour inspectors covered 134,693 employees in the field of occupational safety and health and performed examinations of allowed values of exposure to noise and vibrations in 150 legal entities, and that identified deficiencies have been corrected. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country and to provide, where such statistics exist, information on the number and nature of the contraventions reported, and the number, nature and cause of occupational accidents and diseases reported.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Legislation. The Committee notes the information provided by the Government regarding the transposition of a number of European Union directives into national legislation during the reporting period, namely through the adoption of the Rulebook on Minimal Requirements on Occupational Safety and Health for Work on Board Fishing Vessels and of the Rulebook on the Minimal Requirements for Occupational Safety and Health of Workers regarding Risks Related to Exposure of Physical Agents (Electromagnetic Fields). It also notes the information provided on the effect given to Articles 5(c) and 19(d) 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.

Articles 4, 5, 6, 7 and 15 of the Convention. Principles of a national policy on occupational safety and health (OSH). The Committee notes the information provided by the Government regarding the establishment in 2011 of the Occupational Safety and Health Council (hereinafter “the Council”), an expert advisory body composed of representatives of the Government and of the most representative organizations of employers and workers tasked with reviewing and providing opinions on the national OSH Programme and Strategy, the drafting of OSH laws and regulations and on the state of OSH (section 43 of the Law on Occupational Safety and Health). The Committee also notes that the Government adopted a Programme on OSH which determines the Strategy on the Development of OSH (hereinafter the “Strategy”) in relation to the protection of life, health and the prevention of occupational accidents and diseases. The Strategy adopted for the 2011–15 period aims to include all of the relevant factors for the achievement of a modern, effective and efficient OSH system in the country which will contribute to the reduction of occupational injuries and diseases. The Strategy also served as the basis for the 2013–14 Action Plan for OSH, which determines, on the basis of the objectives of the OSH Programme, the specific actions, measures, time frame, responsible authorities and indicators for the monitoring and evaluation of the proposed activities. The Government further indicates that the implementation of the Strategy and the Action Plan is achieved through inter-sectoral activities and through social dialogue and the development of tripartite partnerships. However, the Committee notes that the Government does not provide sufficient information on the OSH principles contained in the Programme, Strategy and Action Plan, and therefore does not enable it to evaluate whether these components of the national policy give effect to the requirements of Articles 5, 6, 7 and 15 of the Convention. The Committee requests the Government to provide further information on the OSH Council, particularly with regard to its functions and the frequency of its meetings. It also requests the Government to provide detailed information on the manner in which the principles of Part II of the Convention are taken into account in the components of national policy, to provide information on the results of consultations held with regard to the implementation and periodical review of national policy, and to submit copies of relevant national OSH documents, including the Programme, Strategy and Action Plan.

Article 10. Guidance to employers and workers. The Committee notes the indication of the Government that in April 2013, a fair was held in Skopje to inform employers of their legal obligations in relation to OSH and to share new expertise and skills in this field. The Committee requests the Government to provide further information on measures taken or envisaged to ensure that guidance is provided to employers and workers so as to help them to comply with the legal obligations in relation to OSH.

Articles 11(a)–(f), 12(a)–(c), 14 and 19(e). Obligation of the competent authorities to ensure that certain functions are progressively carried out. Obligations for those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Measures taken or envisaged with a view to promoting the inclusion of questions of OSH at all levels of education and training. Inquiries by the workers or their representatives on OSH questions and the possibility of involving technical advisers. The Committee notes that the Government has once again omitted to provide responses to the comments it formulated in 2008 regarding the effect given to the abovementioned Articles. The Committee once again reiterates its request that the Government provide information on the measures taken, in law and in practice, to give effect to Articles 11(a)–(f), 12(a)–(c), 14 and 19(e) of the Convention.

Application of the Convention in practice. The Committee notes the indication of the Government, in response to the Committee’s request, that a seminar on mobile construction sites was held in early 2013 and attended by construction company representatives, which included a presentation by OSH inspectors. The Committee also notes the statistical information provided by the Government, according to which the number of legal entities inspected with regard to the OSH training of employees increased from 14,437 in 2012 to 16,594 in 2013, while the number of entities where training deficiencies or irregularities were recorded decreased from 3,185 to 2,176. Furthermore, the Committee refers to the statistical information, provided by the Government in its report under the Occupational Health Services Convention, 1985 (No. 161), according to which a total of 15,687 irregularities were identified by labour inspectors with regard to OSH, and that these irregularities primarily related to mandatory health examinations, provision of personal protective equipment, and failure to undertake measures to remove fire and explosion hazards. However, the Committee notes that no statistical data is provided on the number of occupational accidents and diseases recorded during the reporting period. The Committee once again requests the Government to provide information on measures taken or envisaged to address the high number of occupational accidents and deaths in the manufacturing industry previously noted, and to continue to provide information on the measures taken in the construction industry. It also requests the Government to provide information on the application of the Convention in practice, including on the number of workers covered by the legislation, the number, nature and causes of the accidents and diseases reported, etc.

Technical assistance. The Committee notes the interest of the Government in receiving technical assistance from the Office to improve its legislation by bringing it into conformity with the ILO Conventions on OSH. The Committee therefore invites the Government to make a formal request for such a technical assistance to the Office.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(a)(ii) of the Convention. Adaptation of work to the capabilities of workers. Pursuant to its previous comments, the Committee notes the Government’s indication that the Institute of Public Health (the Institute) is the specialized public health institution responsible for the collection, processing and evaluation of health statistics within all areas of health care (Law on Healthcare Records, Official Gazette of Republic of Macedonia No.20/2009). The Institute established a registry in 2014 and is currently collecting and processing data on the operation of the authorized occupational health institutions. An integral part of this registry includes data for advising employers, workers and their representatives of companies that have concluded agreements with authorized occupational health institutions or institutions that otherwise provide services that arise from Law on Occupational Safety and Health (Law on OSH). The Committee requests the Government to provide information on the data gathered by the registry of the Institute, and how effect is given to this Article of the Convention for workers who work in companies which have not concluded an agreement with the authorized occupational health institutions.

Articles 2 and 4. Coherent national policy on occupational health services in consultation with the most representative organizations of employers and workers and measures taken to give effect to the provisions of the Convention. The Committee notes the information in the Government’s report that there are currently no records which refer to consultations with the representative organizations of employers and workers for measures that need to be undertaken in order to protect and promote the health of workers’, as previously requested by the Committee. The Committee recalls that in accordance with Articles 2 and 4 of the Convention, the competent authority shall, both in regard to the formulation, implementation and periodic review of a coherent national policy on occupation health services and the measures taken to give effect to the provisions of the Convention, consult with most representative organizations of employers and workers, where they exist. It further notes that the Occupational Safety and Health Strategy of the Republic of Macedonia (2011–15) is available on the Ministry of Health’s website. The Committee requests the Government to take the appropriate measures to ensure that consultations with the most representative organizations of employers and workers are held, both in regard to the formulation, implementation and periodical review of a coherent national policy on occupational health services and with regard to measures taken to give effect to the provisions of the Convention, and to provide information in this respect.

Article 3. Progressive development of occupational health services for all workers. The Committee notes from the Government’s report under the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) that activities regulated by special laws, such as the armed forces, the police, and some of the activities of the rescue and protection forces, as well as customs workers, are not covered by the Law on OSH. It also notes the Government’s indication that the Military Medical Centre provides occupational safety and health for the members of the armed forces and that the Polyclinic of the Ministry of Internal Affairs provides services for the employees of that Ministry. The Committee requests the Government to indicate the measures taken or envisaged to ensure the progressive development of occupational health services for all other workers that are not covered by the Law on OSH.

Article 5. Functions of the occupational health service. Noting that the Government has not supplied the information requested in this respect, the Committee once again requests the Government to indicate the specific provisions which give effect to each paragraph under Article 5.

Articles 7, 9 and 10. Organization and conditions of operation for occupational health services. The Committee notes from the Government’s report that the integration of the occupational safety and health functions is presently under analysis to identify the strengths and weaknesses of the actual occupational safety and health system. Pursuant to the decision by the Government on 19 November 2013, proposed by the Committee on Health and Environment, in cooperation with the Institute of Public Health of Republic of Macedonia, data is being collected on performed risk assessments, the number of workplaces under risk, the number of exposed workers and equipment owned by these institutions, in order to be able to perform the periodic measurements of the hazards in the working environment. The Committee notes the Government’s indication that while the analysis should identify the strengths and weaknesses of the OSH system, in the past three years, the largest occupational health institutions have not submitted their work reports, although a request by the Minister of Health was delivered in April of this year. The Committee requests the Government to provide information on the outcome of the analysis of the performed risk assessments. It reiterates its request for the Government to take measures, in law and in practice, to ensure the full application of Articles 7, 9 and 10 concerning the organisation and conditions of operation of occupational health services and to provide information in this respect.

Article 15. Occupational health services to be informed of any known factors which may affect the workers’ health. The Committee notes that Occupational Health Services shall be notified of any identified risks at the workplace through referrals for preventive health examinations and that sick leave, temporary absence from work due to medical reasons, shall be issued by selected physicians who provided integrated health protection services to patients. It further notes that in cases of increased frequency of sick leave, the employer may require data analysis. The Committee requests the Government to provide detailed information on the measures taken to ensure that occupational health services are informed of occurrences of ill health among workers, and 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 of the Convention in practice. The Committee notes from the Government’s report that, in 2013, labour inspectors in the area of occupational safety and health performed a total of 10,699 regular inspection supervisions; 4,167 control inspection supervisions, and 1,338 inspection supervisions based on injuries reported at work. In the same year, labour inspectors adopted 3,698 decisions regarding irregularities and deficiencies within specified deadlines out of 15,687 deficiencies identified. The Committee notes that most of the identified deficiencies concerned mandatory health examinations of employees in the authorized health institutions in the field of occupational medicine, and that the third leading cause was failure to conduct training of workers in occupational safety and health. Nonetheless, the Committee notes the Government’s statement that identified deficiencies are in decline compared to 2012 and that the inspections indicate the increased awareness of employers regarding safety at work and the safety of each employee. The Committee requests the Government to continue to give a general appreciation of the manner in which the Convention is applied in the country and to provide relevant statistics.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 3(2), 10 and 11 of the Convention. Periodic review in light of technical progress and advances in scientific knowledge and measures to regulate or prohibit the use of asbestos. The Committee takes due note of the Government’s indication in its report that the List of Prohibition and Restrictions for Use of Chemicals (No. 57/2011) (the List) issued in accordance with section 8 of the Law on Chemicals (LC) (No. 145/10) prohibits the marketing, production and use of all types of asbestos, as well as products containing fibres of asbestos (crocidolite, amosite, chrysotile, tremolite, anthophyllite, actinolite), though with certain time-bound exceptions in terms of the use of diaphragms containing chrysotile which are part of the existing installations for electrolysis, reinforced asbestos klingerit, and graphite braids, any products placed on the market before the adoption of the List, and the production, marketing and use of asbestos. The Committee notes that pursuant to the List, these exceptions were allowed until mid-2011 and only on condition that a high level of health protection was ensured. In addition, the Committee takes due note that the Ministry of Health has established the Department for Chemicals which is mandated to register operators performing activities for trade and production of chemicals including asbestos and inspection supervision, in order to fully implement the List and the LC. The Committee requests the Government to provide information on the work of the Department for Chemicals with respect to the implementation of the prohibition of asbestos, including any difficulties encountered in that respect.

Article 4. Consultations with the most representative organizations of employers and workers concerned regarding the measures to be taken to give effect to the provisions of the Convention. The Committee notes the Government’s indication, in response to the Committee’s request, that tripartite consultations are organized through professional meetings and coordination by the non-governmental organizations (NGOs). The Committee also notes with interest that the Action Plan for Implementation of the Safety and Health Strategy at Work for 2017–20, available on the website of the Ministry of Labour and Social Policy (MoLSP), which has been developed through the tripartite national OSH council in terms of section 43 of the Law on Safety and Health at Work (LSHW), establishes measures to be undertaken to examine the effects of asbestos including the development of a methodology for disease screening caused by exposure to asbestos. It further notes that the National Asbestos Profile and the National Programme for Eliminating the Asbestos-related Diseases have been adopted through tripartite consultation. It requests the Government to continue to provide information on the manner in which the employers’ and workers’ organizations are consulted for developing the measures taken to give effect to the provisions of the Convention, including consultations within the context of the tripartite national OSH council. It also requests the Government to continue to provide information on the implementation of the National Programme for Eliminating the Asbestos-related Diseases.

Article 6(3). Procedures for dealing with emergency situations. With reference to the aforementioned ban on all types of asbestos and products containing fibres of asbestos, the Committee notes the Government’s indication of sections 17, 25, 26 and 27 of the LSHW concerning general emergency procedures. The Committee further notes that section 15(5) of the Rulebook on minimum requirements of safety and health of employees from the risks related to occupational exposure to asbestos provides that the mandatory training provided to workers must include procedures to be followed in the case of emergencies.

Articles 17(2) and (3), and 19. Demolition workplan. Disposal of waste. The Committee notes the information in the Government’s report, in reply to its previous comments, that the adoption of action plans prepared prior to the initiation of demolition and transfer of materials containing asbestos define the measures to be taken to ensure the safety and health of workers, through the participation of workers, in accordance with section 27(1)(2)(3) of the LSHW which obliges employers to allow employees, union representatives or employee representatives where there is no trade union, and representatives of employees for OSH, to participate in discussions for all OSH-related issues. It further notes that in accordance with section 14 of the Rulebook on minimum requirements of safety and health of employees from the risks related to occupational exposure to asbestos, the plan to be developed before work involving the removal of asbestos or demolition work involving materials containing asbestos must prescribe the necessary measures to ensure safety and health of employees. In accordance with section 13, in the case of demolition, removal or maintenance of buildings with materials containing asbestos, measures must be taken to prevent the spread of asbestos dust. Concerning consultation with workers, section 4 provides that the risks assessment undertaken for any activity likely to involve a risk of exposure to asbestos dust or materials containing asbestos shall be subject to consultation with workers or their representatives. Section 13(2) provides that, in the case of demolition, removal or maintenance of buildings with materials containing asbestos, where the air concentration limit value of asbestos may be exceeded, workers and/or their representatives shall be consulted on the protective measures to be taken. Lastly, with respect to waste disposal, the Committee notes that in accordance with section 8 of the Rulebook, asbestos or building materials containing asbestos shall be stored and transported in a properly sealed package and must be collected and removed from the workplace in properly sealed and labelled containers.

Article 21(3). Workers to be informed of the results of their medical examinations. The Committee notes the Government’s explanation, in reply to its previous request concerning medical examinations during the course of employment, referring to the Regulation on the type, manner, scope and price list of medical examinations for employees, that medical examinations are mandatory for all workers engaged in work involving increased risk of asbestos. The Government indicates that this Regulation makes mandatory medical examinations prior to the commencement of work at a workplace with exposure to asbestos and periodic examinations at a workplace involving exposure to asbestos. The Committee notes that pursuant to this Regulation, it is obligatory to inform workers of reports on their health and work capacity employers are obliged to refer workers to prior and periodic examinations and for doctors to submit the findings, opinions and recommendations based on the examinations.

Article 21(4). Maintenance of income for workers whose health is at risk. With reference to its previous comments, the Committee notes the detailed information in the Government’s report concerning disability compensation and insurance applicable to workers with temporary or permanent inability or disability to work due to occupational exposure to asbestos. It also takes due note of the right of workers concerned with the ability to work to vocational rehabilitation for a full-time job if they are younger than 50 years.

Article 21(5). Notification of occupational diseases. The Committee notes the Government’s statement in its report recognizing the issues regarding the under-reporting of occupational diseases. It therefore takes due note of the Government’s indication that the establishment of a new registration system for occupational diseases had been expected to start in early 2017. The Committee requests the Government to continue to provide information on the progress made in this regard, including the launch of the new registration system, its implementation, and the impact on the implementation of the Convention with respect to the notification of occupational diseases caused by asbestos.

Application of the Convention in practice. The Committee notes the Government’s indication that the MoLSP and the Ministry of Health are authorized to carry out inspections and submit data to the Institute of Public Health, which has developed standard forms for tracking activities related to exposure to asbestos. The Committee also notes the Government’s indication that the Health and Sanitary Inspection would initiate inspection supervisions by 2016 and collect statistics and produce quarterly reports on the numbers of medical examinations carried out on workers occupationally exposed to asbestos, jobs with a risk of exposure to asbestos and the workers concerned. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including the number of inspections undertaken focusing on occupational activities with a risk of exposure to asbestos, the number and nature of the contraventions detected, the number of medical examinations carried out on workers occupationally exposed to asbestos and the number of occupational diseases reported as being caused by asbestos.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the information provided by the Government in its first report on the application of the Convention.

Legislation. The Committee notes the Government’s indication that the Law on Occupational Safety and Health (No. 92/2007) (hereinafter OSH Law) was amended in 2013. The Committee asks the Government to submit a copy of the amendments to the OSH Law, if possible in one of the working languages of the ILO.

Article 2(2) of the Convention. Account taken of the principles set out in instruments of the ILO relevant to the promotional framework for OSH. The Committee notes that the Government’s report is silent as to the effect given to this Article of the Convention. The Committee requests the Government to provide information on the manner in which it takes into account the principles set out in the instruments of the ILO relevant to the promotional framework for OSH (listed in the Annex of the Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197)), in addition to the ratified Conventions.

Article 2(3). Ratification of relevant OSH Conventions of the ILO. The Committee notes the Government’s indication that it is always willing to accept initiatives aimed at improving OSH and that any such initiative would be duly considered and discussed in the course of consultations with representatives from the organizations of employers and workers. However, the Committee notes that the Government does not provide any details on these initiatives. The Committee asks the Government to provide detailed information on the initiatives relevant to the possible ratification of OSH Conventions, including any consultations held with the most representative organizations of employers and workers in this regard.

Article 3. Formulation of a national policy and measures taken to promote basic principles. The Committee requests the Government to refer to its comments on the application of Articles 4, 5, 6, 7 and 15 of the Occupational Safety and Health Convention, 1981 (No. 155).

Article 4. National system for OSH. The Committee notes the information provided by the Government with regard to the inter-sectoral activities held to promote cooperation between institutions. However, the Committee notes that no information is provided on the establishment, maintenance, progressive development and periodical review of a national system for OSH, in consultation with the most representative organizations of employers and workers, or on the components of this system, listed in Article 4(2) and (3). The Committee requests the Government to provide detailed information on the manner in which effect is given, in law and in practice, to each paragraph of this Article of the Convention, including specific references to relevant legislation.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee requests the Government to provide information on the measures taken or envisaged so as to progressively improve OSH conditions in micro-enterprises, SMEs and the informal economy.

Article 5. National programme on OSH. The Committee notes the Government’s indication that the Council on Occupational Safety and Health is responsible for the OSH Strategy, a document based on the premise that preservation and promotion of the health of workers is a fundamental human right and which is the main guideline for OSH development in the country for a given period of time. The Government indicates that the Strategy provides for further action plans in OSH through inter-sectoral activities and dialogue with the social partners and the expert and professional communities, and that the Council and Government are to be notified of the results of the monitoring and assessment of the implementation of the Strategy. The Committee asks the Government to provide further information on the effect given to this Article, in law and in practice, and to indicate the manner in which the Strategy fulfils the requirements provided for in Article 5(1) and (2) with regard to the content of the national programme. It also asks the Government to provide information on the targets and indicators of progress used to evaluate the Strategy and the outcome of consultations held with the social partners in this regard.

Application of the Convention in practice. The Committee refers to the statistical information, provided by the Government in its report under the Occupational Health Services Convention, 1985 (No. 161), according to which 15,687 deficiencies relating to OSH were identified in the course of the 10,699 regular inspections carried out in 2013. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in practice and to forward extracts of reports, studies and inquiries and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and any actions taken in relation thereto.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes that in its brief report, the Government once again refers to the Rulebook on the Minimum Health and Safety Requirements Regarding the Exposure of Workers to Chemical Substances, indicating that pursuant to section 11(2) of the Rulebook, the procedures relating to the protection of health when working with dangerous chemical substances for which there is a binding biological limit value are provided for in Annex No. 2 of the Rulebook. However, the Committee notes that despite its request, the Government has not submitted a copy of the Rulebook and its annexes and has not provided information on measures taken to give effect to the Convention. Recalling that the Office is available to assist governments in bringing their national law and practice into conformity with the Conventions, the Committee requests the Government to provide detailed information in its next report on measures taken or envisaged to give full effect to each of the provisions of the Convention and to submit a copy of the abovementioned Rulebook and its annexes.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 3(2), 10 and 11 of the Convention. Periodic review in light of technical progress and advances in scientific knowledge and measures to regulate or prohibit the use of asbestos. The Committee takes due note of the Government’s indication in its report that the List of Prohibition and Restrictions for Use of Chemicals (No. 57/2011) (the List) issued in accordance with section 8 of the Law on Chemicals (LC) (No. 145/10) prohibits the marketing, production and use of all types of asbestos, as well as products containing fibres of asbestos (crocidolite, amosite, chrysotile, tremolite, anthophyllite, actinolite), though with certain time-bound exceptions in terms of the use of diaphragms containing chrysotile which are part of the existing installations for electrolysis, reinforced asbestos klingerit, and graphite braids, any products placed on the market before the adoption of the List, and the production, marketing and use of asbestos. The Committee notes that pursuant to the List, these exceptions were allowed until mid-2011 and only on condition that a high level of health protection was ensured. In addition, the Committee takes due note that the Ministry of Health has established the Department for Chemicals which is mandated to register operators performing activities for trade and production of chemicals including asbestos and inspection supervision, in order to fully implement the List and the LC. The Committee requests the Government to provide information on the work of the Department for Chemicals with respect to the implementation of the prohibition of asbestos, including any difficulties encountered in that respect.

Article 4. Consultations with the most representative organizations of employers and workers concerned regarding the measures to be taken to give effect to the provisions of the Convention. The Committee notes the Government’s indication, in response to the Committee’s request, that tripartite consultations are organized through professional meetings and coordination by the non-governmental organizations (NGOs). The Committee also notes with interest that the Action Plan for Implementation of the Safety and Health Strategy at Work for 2017–20, available on the website of the Ministry of Labour and Social Policy (MoLSP), which has been developed through the tripartite national OSH council in terms of section 43 of the Law on Safety and Health at Work (LSHW), establishes measures to be undertaken to examine the effects of asbestos including the development of a methodology for disease screening caused by exposure to asbestos. It further notes that the National Asbestos Profile and the National Programme for Eliminating the Asbestos-related Diseases have been adopted through tripartite consultation. It requests the Government to continue to provide information on the manner in which the employers’ and workers’ organizations are consulted for developing the measures taken to give effect to the provisions of the Convention, including consultations within the context of the tripartite national OSH council. It also requests the Government to continue to provide information on the implementation of the National Programme for Eliminating the Asbestos-related Diseases.

Article 6(3). Procedures for dealing with emergency situations. With reference to the aforementioned ban on all types of asbestos and products containing fibres of asbestos, the Committee notes the Government’s indication of sections 17, 25, 26 and 27 of the LSHW concerning general emergency procedures. The Committee further notes that section 15(5) of the Rulebook on minimum requirements of safety and health of employees from the risks related to occupational exposure to asbestos provides that the mandatory training provided to workers must include procedures to be followed in the case of emergencies.

Articles 17(2) and (3), and 19. Demolition workplan. Disposal of waste. The Committee notes the information in the Government’s report, in reply to its previous comments, that the adoption of action plans prepared prior to the initiation of demolition and transfer of materials containing asbestos define the measures to be taken to ensure the safety and health of workers, through the participation of workers, in accordance with section 27(1)(2)(3) of the LSHW which obliges employers to allow employees, union representatives or employee representatives where there is no trade union, and representatives of employees for OSH, to participate in discussions for all OSH-related issues. It further notes that in accordance with section 14 of the Rulebook on minimum requirements of safety and health of employees from the risks related to occupational exposure to asbestos, the plan to be developed before work involving the removal of asbestos or demolition work involving materials containing asbestos must prescribe the necessary measures to ensure safety and health of employees. In accordance with section 13, in the case of demolition, removal or maintenance of buildings with materials containing asbestos, measures must be taken to prevent the spread of asbestos dust. Concerning consultation with workers, section 4 provides that the risks assessment undertaken for any activity likely to involve a risk of exposure to asbestos dust or materials containing asbestos shall be subject to consultation with workers or their representatives. Section 13(2) provides that, in the case of demolition, removal or maintenance of buildings with materials containing asbestos, where the air concentration limit value of asbestos may be exceeded, workers and/or their representatives shall be consulted on the protective measures to be taken. Lastly, with respect to waste disposal, the Committee notes that in accordance with section 8 of the Rulebook, asbestos or building materials containing asbestos shall be stored and transported in a properly sealed package and must be collected and removed from the workplace in properly sealed and labelled containers.

Article 21(3). Workers to be informed of the results of their medical examinations. The Committee notes the Government’s explanation, in reply to its previous request concerning medical examinations during the course of employment, referring to the Regulation on the type, manner, scope and price list of medical examinations for employees, that medical examinations are mandatory for all workers engaged in work involving increased risk of asbestos. The Government indicates that this Regulation makes mandatory medical examinations prior to the commencement of work at a workplace with exposure to asbestos and periodic examinations at a workplace involving exposure to asbestos. The Committee notes that pursuant to this Regulation, it is obligatory to inform workers of reports on their health and work capacity employers are obliged to refer workers to prior and periodic examinations and for doctors to submit the findings, opinions and recommendations based on the examinations.

Article 21(4). Maintenance of income for workers whose health is at risk. With reference to its previous comments, the Committee notes the detailed information in the Government’s report concerning disability compensation and insurance applicable to workers with temporary or permanent inability or disability to work due to occupational exposure to asbestos. It also takes due note of the right of workers concerned with the ability to work to vocational rehabilitation for a full-time job if they are younger than 50 years.

Article 21(5). Notification of occupational diseases. The Committee notes the Government’s statement in its report recognizing the issues regarding the under-reporting of occupational diseases. It therefore takes due note of the Government’s indication that the establishment of a new registration system for occupational diseases had been expected to start in early 2017. The Committee requests the Government to continue to provide information on the progress made in this regard, including the launch of the new registration system, its implementation, and the impact on the implementation of the Convention with respect to the notification of occupational diseases caused by asbestos.

Application of the Convention in practice. The Committee notes the Government’s indication that the MoLSP and the Ministry of Health are authorized to carry out inspections and submit data to the Institute of Public Health, which has developed standard forms for tracking activities related to exposure to asbestos. The Committee also notes the Government’s indication that the Health and Sanitary Inspection would initiate inspection supervisions by 2016 and collect statistics and produce quarterly reports on the numbers of medical examinations carried out on workers occupationally exposed to asbestos, jobs with a risk of exposure to asbestos and the workers concerned. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including the number of inspections undertaken focusing on occupational activities with a risk of exposure to asbestos, the number and nature of the contraventions detected, the number of medical examinations carried out on workers occupationally exposed to asbestos and the number of occupational diseases reported as being caused by asbestos.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Legislation. The Committee notes the adoption of the Law on occupational safety and health (consolidated text No. 53/13 of 2013), the Rulebook on Asbestos (No. 60/2013), the Rulebook on minimal occupational safety and health requirements on temporary and permanent construction sites (No. 105/2008) and the Decree on occupational safety and health network (No. 67/13 of 2013). The Committee requests the Government to provide a copy of these texts, and any texts relevant to the application of the Convention, if possible in one of the working languages of the ILO, and to indicate any provisions therein which would modify the national legislation giving effect to the requirements of the Convention.

Article 6(3) of the Convention. Procedures for dealing with emergency situations. The Committee notes that, in reply to its previous comments regarding the consultation of workers’ representatives in the preparation of procedures for dealing with emergency situations, the Government indicates that employers are obliged, by virtue of sections 26 and 27 of the Law on occupational safety and health to inform workers and their representatives on occupational risks and to consult them on any issues pertaining to safety and health. The Committee requests the Government to indicate whether emergency procedures are also elaborated in cooperation with occupational safety and health services in accordance with Article 6(3) of the Convention.

Articles 10 and 11. Measures to regulate or prohibit the use of asbestos. With reference to its previous comments, the Committee notes that the Government provides no reply on the application in practice of these Articles. The Committee therefore, once again, requests the Government to provide information on measures taken in practice to give effect to Articles 10 and 11 of the Convention with a view to either replacing the use of asbestos or products containing asbestos by harmless or less harmful materials, products or by alternative technology, or totally or partially prohibiting the use of asbestos in certain work processes. It also requests the Government to provide information on how Article 11 of the Convention, which prescribes the prohibition of the use of crocidolite, is applied in practice.

Articles 17(2) and (3), and 19. Demolition workplan. Disposal of waste. The Committee notes the Government’s reference to the Rulebook on minimal requirements of occupational safety and health on temporary and permanent construction sites, according to which an occupational safety and health plan shall be drawn up before construction work starts. In this connection, the Committee wishes to recall that under Article 17 of the Convention, such plan shall be elaborated in consultation with the workers or their representatives and shall include measures to provide all necessary protection to the workers, limit the release of asbestos dust into the air and provide for the disposal of waste containing asbestos, in accordance with Article 19. The Committee once again requests the Government to provide further information on the effect given to these Articles of the Convention.

Article 21(3). Workers to be informed of the results of their medical examinations. The Committee notes the Government’s explanation that information and advice are provided to workers following all medical examinations carried out during their employment in work involving exposure to asbestos. Further noting that such provisions are contained in a new Decree on the type, manner, volume and pricing for preventive examinations, the Committee requests the Government to supply a copy of this text.

Article 21(4). Maintenance of income for workers whose health is at risk. In the absence of the Government’s reply on this point, the Committee reiterates its request for information on the measures taken by the Government to provide workers with other means of maintaining their income when continued assignment to work involving exposure to asbestos is found medically inadvisable, in accordance with this Article of the Convention.

Articles 2(b)–(e), 3(2) and 15(2), 4, 14, 21(5), and 22(1). Definitions. Periodical review of legislation and exposure limits or other exposure criteria in the light of technical progress and advances in scientific knowledge. Consultations with the most representative organizations of employers and workers concerned regarding the measures to be taken to give effect to the provisions of the Convention. Responsibility of producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos, for adequate labelling. Notification of occupational diseases. Information and education. The Committee notes that the Government has omitted to provide information on these provisions. The Committee requests the Government to indicate the measures taken to give effect to these provisions of the Convention, in law and in practice.

Application of the Convention in practice. The Committee notes the Government’s indication that, in 2013, 2,410 inspection visits were conducted in the construction industry. However, no detail of the findings of these inspections is provided. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice in the country and to supply statistical data, where it exists, on the number of workers covered by the legislation, the number and nature of the contraventions reported and the number of occupational diseases reported as being caused by asbestos.

[The Government is asked to reply in detail to the present comments in 2016.]

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that in its brief report, the Government indicates that pursuant to the Law on Occupational Safety and Health (OSH), every employer has the obligation to draft and implement a safety statement specifying the measures to be undertaken with regard to OSH. The Government also refers to section 4(1) of the Rulebook on the Minimum Health and Safety Requirements Regarding the Exposure of Workers to Chemical Substances (Official Gazette of the Republic of Macedonia No. 46/10) (hereinafter “the Rulebook”), which states that the binding limit values for professional exposure are provided for in Annex No. 1 and are fully implemented and monitored by inspection services. Once again recalling that, under article 22 of the ILO Constitution, the Government is required to submit regular reports on the measures which it has taken to give effect to the provisions of the Conventions to which it is a party, the Committee requests the Government to provide detailed information on the effect given to each Article of the Convention, in law and in practice, including specific references to the relevant provisions of the abovementioned Rulebook.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1(3) of the Convention. Application of the provisions of the Convention to road and rail vehicles and to mobile agricultural machinery. With reference to its previous comments, the Committee notes the information in the Government’s report that road vehicles and agricultural and forestry tractors are regulated by the Law on Vehicles (Official Gazette of Republic of Macedonia No. 140/08, 53/11, 123/12, 70/13 and 164/13) and that the State Agricultural Inspectorate or the State Forestry Inspectorate have jurisdiction over the agricultural and forestry tractors that are used in agricultural or forestry works. The Committee also notes that the vehicles undergo maintenance and are subject to safety regulations. However, the Committee observes that the Government’s report does not contain any information with regard to measures taken to ensure the effective application of this provision of the Convention to road and rail vehicles during locomotion in relation to the safety of the operator, and to mobile agricultural machinery in relation to the safety of workers employed in connection with such machinery. The Committee therefore once again requests the Government to provide further information on the measures taken to ensure the effective application of this provision of the Convention.

Articles 2 and 4. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. The Committee previously noted the lists of dangerous parts and categories of machinery contained in Annex IV of the Rulebook on Machinery Safety and the basic requirements for safety and health in connection with the design and manufacture of machinery contained in Annex I of this Rulebook. It noted that the enumeration of dangerous parts contained in the Rulebook on Machinery Safety did not include all the parts explicitly enumerated in Article 2 of the Convention. The Committee notes the information in the Government’s current report that a list of safety components is drafted in Annex V of the Rulebook on Machinery Safety and that it is necessary for the dangerous parts and the machines to comply with the standards in the List of Standards (Official Gazette of Republic of Macedonia No. 143/12) to ensure that the product is safe. However, the Committee notes that there is no indication in the Government’s report of legislation or other equally effective measures prohibiting the sale and hire of machinery of which the dangerous parts, specified in Article 2(3) and (4), are without appropriate guards. In this regard, the Committee wishes to draw the Government’s attention to the objective of Article 2 of the Convention, which is to guarantee that machines are safe before they reach the user, whereas the abovementioned legislation refers to general safety provisions concerning the guarding of machinery once it is in use. The Committee requests the Government to ensure that the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards must be prohibited by national laws or regulations or prevented by other equally effective measures and to provide information in this respect. It therefore requests the Government to take all appropriate measures to include the list of dangerous parts of machinery as contained in Article 2(3) and (4) of the Convention, in the relevant laws and regulations.

Article 3(3). Sale or transfer of machinery for storage, scrapping or reconditioning. The Committee notes the information in the Government’s report that if the machines do not comply with the provisions of the Rulebook on Machinery Safety, the state labour inspectorate takes appropriate measures for limiting or prohibiting those machines to be placed on the market in accordance with section 18 of the Rulebook on Machinery Safety or it guarantees that the machines are withdrawn from the market, in accordance with section 36 of the Law on Product Safety. The Committee notes that section 18 of the Rulebook on Machinery Safety refers to the marking and labelling of machinery and that section 36 of the Law on Product Safety refers to powers of the inspection authorities during an inspection. The Committee therefore notes that neither of the provisions refers to the sale or transfer of machinery for storage, scrapping or reconditioning. The Committee requests the Government to provide information on measures taken or envisaged to give effect to Article 3 of the Convention.

Article 10. Measures establishing the employers’ obligation to bring relevant national legislation to the notice of workers and workers’ instructions. The Committee previously noted that section 14 of the Law on Occupational Safety and Health prescribes that the employer shall provide signs of danger and instruction for safe use on the working equipment and means of work, in accordance with a special regulation. The Committee notes from the Government’s current report that in accordance with Annex VII of the Rulebook on Machinery Safety, the manufacturer of machines is obliged to provide a Technical File before placing the machines on the market, which includes comprehensive information, including a copy of the guidelines for operating the machines, descriptions and explanations needed for the handling of the machines, risk assessment documentation which show the list of essential requirements applicable, and a description of precautions for eliminating the identified dangers or reducing the risks, and if applicable, other risks related to the machines. The Committee once again requests the Government to provide further information on the special regulation mentioned in section 14 of the Law on Occupational Safety and Health. It also requests the Government to indicate how employers give notice to workers and instruct them regarding the dangers arising, and the precautions to be observed, in the use of machinery and establish and maintain environmental conditions so as not to endanger workers covered by the Convention.

Articles 12 and 14. Measures ensuring that workers’ rights under national social security or social insurance legislation are not affected and measures ensuring that the term employer includes a prescribed agent of the employer. The Committee notes the information in the Government’s report that the operation of machines by workers does not influence their social security rights which arise from the employment contract or when regulated by the Law on Working Relations, and that the working position itself is irrelevant for the realization of the right to social insurance. The Committee also notes that an employer can be a legal entity, a natural person or a person authorized by the employer to perform operations on its behalf. The Committee requests the Government to indicate the specific provisions of the national legislation which give effect to the Articles 12 and 14 of the Convention and to submit a copy these provisions along with its next report.

Application of the Convention in practice. The Committee requests the Government to give an appreciation of the manner in which this Convention is applied in the country, including, for example, extracts from inspection reports and information on any practical difficulties in the application of this Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1(1) of the Convention. Periodic determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. Further to its previous comment, the Committee notes that, in 2014, the Ministry of Health and the Institute for Public Health conducted a survey in all authorized institutions for occupational safety, which required these institutions to submit data on measurements of each occupational hazard performed in the last three years. The Government indicates that the analysis of the data collected is still ongoing. Recalling that Article 1 of the Convention calls for the periodical review of the list of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control, the Committee requests the Government to indicate the manner in which this list is reviewed at periodical intervals as well as the manner in which the results of the abovementioned survey are used in this process.

Article 5. Medical examination and health supervision. In reply to the Committee’s previous comment, the Government indicates that the types of medical examinations provided to workers with an increased risk of exposure to carcinogenic and mutagenic substances are determined by the new Decree on the Type, Manner, Volume and Pricing of Health Examinations of Workers (No. 60/2013). The Committee requests the Government to supply a copy of this text. The Government is also requested to provide information on the measures taken to ensure, that workers exposed to carcinogenic substances and agents are also provided with medical examinations after the period of employment, to evaluate and supervise their state of health in relation to occupational hazards, in accordance with this provision.

Article 6(a). Consultations with the most representative organizations of employers and workers concerned. The Committee notes that the Government’s report contains no information on this point. The Committee is therefore bound to reiterate its request to the Government to provide information on the manner in which consultations are held with the most representative organizations of employers and workers concerned on measures taken to give effect to the Convention.

Article 6(b). Bodies in charge of ensuring compliance with the provisions of the Convention. The Committee notes the information provided by the Government concerning the obligations of employers. The Committee requests the Government to indicate the statutory body or bodies in charge of supervising the implementation of the provisions of the Convention and of ensuring compliance therewith.

Application of the Convention in practice. The Committee notes from the Government’s report that there is currently no statistical data on occupational diseases due to exposure to carcinogenic substances or agents, but that a Professional Diseases Registry will be established. The Committee also notes that the Health and Environment Committee is currently reviewing the implementation of the laws and regulations on exposure to carcinogenic substances and agents. The Committee requests the Government to provide further information on the ongoing review process and its results as well as on any developments concerning the establishment of the Professional Diseases Registry. The Government is also requested to provide information on inspection visits carried out, the number and nature of contraventions detected and the sanctions imposed relating to the application of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Legislation. The Committee notes the information provided by the Government regarding the transposition of a number of European Union directives into national legislation during the reporting period, namely through the adoption of the Rulebook on Minimal Requirements on Occupational Safety and Health for Work on Board Fishing Vessels and of the Rulebook on the Minimal Requirements for Occupational Safety and Health of Workers regarding Risks Related to Exposure of Physical Agents (Electromagnetic Fields). It also notes the information provided on the effect given to Articles 5(c) and 19(d) 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.

Articles 4, 5, 6, 7 and 15 of the Convention. Principles of a national policy on occupational safety and health (OSH). The Committee notes the information provided by the Government regarding the establishment in 2011 of the Occupational Safety and Health Council (hereinafter “the Council”), an expert advisory body composed of representatives of the Government and of the most representative organizations of employers and workers tasked with reviewing and providing opinions on the national OSH Programme and Strategy, the drafting of OSH laws and regulations and on the state of OSH (section 43 of the Law on Occupational Safety and Health). The Committee also notes that the Government adopted a Programme on OSH which determines the Strategy on the Development of OSH (hereinafter the “Strategy”) in relation to the protection of life, health and the prevention of occupational accidents and diseases. The Strategy adopted for the 2011–15 period aims to include all of the relevant factors for the achievement of a modern, effective and efficient OSH system in the country which will contribute to the reduction of occupational injuries and diseases. The Strategy also served as the basis for the 2013–14 Action Plan for OSH, which determines, on the basis of the objectives of the OSH Programme, the specific actions, measures, time frame, responsible authorities and indicators for the monitoring and evaluation of the proposed activities. The Government further indicates that the implementation of the Strategy and the Action Plan is achieved through inter-sectoral activities and through social dialogue and the development of tripartite partnerships. However, the Committee notes that the Government does not provide sufficient information on the OSH principles contained in the Programme, Strategy and Action Plan, and therefore does not enable it to evaluate whether these components of the national policy give effect to the requirements of Articles 5, 6, 7 and 15 of the Convention. The Committee requests the Government to provide further information on the OSH Council, particularly with regard to its functions and the frequency of its meetings. It also requests the Government to provide detailed information on the manner in which the principles of Part II of the Convention are taken into account in the components of national policy, to provide information on the results of consultations held with regard to the implementation and periodical review of national policy, and to submit copies of relevant national OSH documents, including the Programme, Strategy and Action Plan.

Article 10. Guidance to employers and workers. The Committee notes the indication of the Government that in April 2013, a fair was held in Skopje to inform employers of their legal obligations in relation to OSH and to share new expertise and skills in this field. The Committee requests the Government to provide further information on measures taken or envisaged to ensure that guidance is provided to employers and workers so as to help them to comply with the legal obligations in relation to OSH.

Articles 11(a)–(f), 12(a)–(c), 14 and 19(e). Obligation of the competent authorities to ensure that certain functions are progressively carried out. Obligations for those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Measures taken or envisaged with a view to promoting the inclusion of questions of OSH at all levels of education and training. Inquiries by the workers or their representatives on OSH questions and the possibility of involving technical advisers. The Committee notes that the Government has once again omitted to provide responses to the comments it formulated in 2008 regarding the effect given to the abovementioned Articles. The Committee once again reiterates its request that the Government provide information on the measures taken, in law and in practice, to give effect to Articles 11(a)–(f), 12(a)–(c), 14 and 19(e) of the Convention.

Application of the Convention in practice. The Committee notes the indication of the Government, in response to the Committee’s request, that a seminar on mobile construction sites was held in early 2013 and attended by construction company representatives, which included a presentation by OSH inspectors. The Committee also notes the statistical information provided by the Government, according to which the number of legal entities inspected with regard to the OSH training of employees increased from 14,437 in 2012 to 16,594 in 2013, while the number of entities where training deficiencies or irregularities were recorded decreased from 3,185 to 2,176. Furthermore, the Committee refers to the statistical information, provided by the Government in its report under the Occupational Health Services Convention, 1985 (No. 161), according to which a total of 15,687 irregularities were identified by labour inspectors with regard to OSH, and that these irregularities primarily related to mandatory health examinations, provision of personal protective equipment, and failure to undertake measures to remove fire and explosion hazards. However, the Committee notes that no statistical data is provided on the number of occupational accidents and diseases recorded during the reporting period. The Committee once again requests the Government to provide information on measures taken or envisaged to address the high number of occupational accidents and deaths in the manufacturing industry previously noted, and to continue to provide information on the measures taken in the construction industry. It also requests the Government to provide information on the application of the Convention in practice, including on the number of workers covered by the legislation, the number, nature and causes of the accidents and diseases reported, etc.

Technical assistance. The Committee notes the interest of the Government in receiving technical assistance from the Office to improve its legislation by bringing it into conformity with the ILO Conventions on OSH. The Committee therefore invites the Government to make a formal request for such a technical assistance to the Office.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1(a)(ii) of the Convention. Adaptation of work to the capabilities of workers. Pursuant to its previous comments, the Committee notes the Government’s indication that the Institute of Public Health (the Institute) is the specialized public health institution responsible for the collection, processing and evaluation of health statistics within all areas of health care (Law on Healthcare Records, Official Gazette of Republic of Macedonia No.20/2009). The Institute established a registry in 2014 and is currently collecting and processing data on the operation of the authorized occupational health institutions. An integral part of this registry includes data for advising employers, workers and their representatives of companies that have concluded agreements with authorized occupational health institutions or institutions that otherwise provide services that arise from Law on Occupational Safety and Health (Law on OSH). The Committee requests the Government to provide information on the data gathered by the registry of the Institute, and how effect is given to this Article of the Convention for workers who work in companies which have not concluded an agreement with the authorized occupational health institutions.

Articles 2 and 4. Coherent national policy on occupational health services in consultation with the most representative organizations of employers and workers and measures taken to give effect to the provisions of the Convention. The Committee notes the information in the Government’s report that there are currently no records which refer to consultations with the representative organizations of employers and workers for measures that need to be undertaken in order to protect and promote the health of workers’, as previously requested by the Committee. The Committee recalls that in accordance with Articles 2 and 4 of the Convention, the competent authority shall, both in regard to the formulation, implementation and periodic review of a coherent national policy on occupation health services and the measures taken to give effect to the provisions of the Convention, consult with most representative organizations of employers and workers, where they exist. It further notes that the Occupational Safety and Health Strategy of the Republic of Macedonia (2011–15) is available on the Ministry of Health’s website. The Committee requests the Government to take the appropriate measures to ensure that consultations with the most representative organizations of employers and workers are held, both in regard to the formulation, implementation and periodical review of a coherent national policy on occupational health services and with regard to measures taken to give effect to the provisions of the Convention, and to provide information in this respect.

Article 3. Progressive development of occupational health services for all workers. The Committee notes from the Government’s report under the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) that activities regulated by special laws, such as the armed forces, the police, and some of the activities of the rescue and protection forces, as well as customs workers, are not covered by the Law on OSH. It also notes the Government’s indication that the Military Medical Centre provides occupational safety and health for the members of the armed forces and that the Polyclinic of the Ministry of Internal Affairs provides services for the employees of that Ministry. The Committee requests the Government to indicate the measures taken or envisaged to ensure the progressive development of occupational health services for all other workers that are not covered by the Law on OSH.

Article 5. Functions of the occupational health service. Noting that the Government has not supplied the information requested in this respect, the Committee once again requests the Government to indicate the specific provisions which give effect to each paragraph under Article 5.

Articles 7, 9 and 10. Organization and conditions of operation for occupational health services. The Committee notes from the Government’s report that the integration of the occupational safety and health functions is presently under analysis to identify the strengths and weaknesses of the actual occupational safety and health system. Pursuant to the decision by the Government on 19 November 2013, proposed by the Committee on Health and Environment, in cooperation with the Institute of Public Health of Republic of Macedonia, data is being collected on performed risk assessments, the number of workplaces under risk, the number of exposed workers and equipment owned by these institutions, in order to be able to perform the periodic measurements of the hazards in the working environment. The Committee notes the Government’s indication that while the analysis should identify the strengths and weaknesses of the OSH system, in the past three years, the largest occupational health institutions have not submitted their work reports, although a request by the Minister of Health was delivered in April of this year. The Committee requests the Government to provide information on the outcome of the analysis of the performed risk assessments. It reiterates its request for the Government to take measures, in law and in practice, to ensure the full application of Articles 7, 9 and 10 concerning the organisation and conditions of operation of occupational health services and to provide information in this respect.

Article 15. Occupational health services to be informed of any known factors which may affect the workers’ health. The Committee notes that Occupational Health Services shall be notified of any identified risks at the workplace through referrals for preventive health examinations and that sick leave, temporary absence from work due to medical reasons, shall be issued by selected physicians who provided integrated health protection services to patients. It further notes that in cases of increased frequency of sick leave, the employer may require data analysis. The Committee requests the Government to provide detailed information on the measures taken to ensure that occupational health services are informed of occurrences of ill health among workers, and 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 of the Convention in practice. The Committee notes from the Government’s report that, in 2013, labour inspectors in the area of occupational safety and health performed a total of 10,699 regular inspection supervisions; 4,167 control inspection supervisions, and 1,338 inspection supervisions based on injuries reported at work. In the same year, labour inspectors adopted 3,698 decisions regarding irregularities and deficiencies within specified deadlines out of 15,687 deficiencies identified. The Committee notes that most of the identified deficiencies concerned mandatory health examinations of employees in the authorized health institutions in the field of occupational medicine, and that the third leading cause was failure to conduct training of workers in occupational safety and health. Nonetheless, the Committee notes the Government’s statement that identified deficiencies are in decline compared to 2012 and that the inspections indicate the increased awareness of employers regarding safety at work and the safety of each employee. The Committee requests the Government to continue to give a general appreciation of the manner in which the Convention is applied in the country and to provide relevant statistics.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the information provided by the Government in its first report on the application of the Convention.

Legislation. The Committee notes the Government’s indication that the Law on Occupational Safety and Health (No. 92/2007) (hereinafter OSH Law) was amended in 2013. The Committee asks the Government to submit a copy of the amendments to the OSH Law, if possible in one of the working languages of the ILO.

Article 2(2) of the Convention. Account taken of the principles set out in instruments of the ILO relevant to the promotional framework for OSH. The Committee notes that the Government’s report is silent as to the effect given to this Article of the Convention. The Committee requests the Government to provide information on the manner in which it takes into account the principles set out in the instruments of the ILO relevant to the promotional framework for OSH (listed in the Annex of the Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197)), in addition to the ratified Conventions.

Article 2(3). Ratification of relevant OSH Conventions of the ILO. The Committee notes the Government’s indication that it is always willing to accept initiatives aimed at improving OSH and that any such initiative would be duly considered and discussed in the course of consultations with representatives from the organizations of employers and workers. However, the Committee notes that the Government does not provide any details on these initiatives. The Committee asks the Government to provide detailed information on the initiatives relevant to the possible ratification of OSH Conventions, including any consultations held with the most representative organizations of employers and workers in this regard.

Article 3. Formulation of a national policy and measures taken to promote basic principles. The Committee requests the Government to refer to its comments on the application of Articles 4, 5, 6, 7 and 15 of the Occupational Safety and Health Convention, 1981 (No. 155).

Article 4. National system for OSH. The Committee notes the information provided by the Government with regard to the inter-sectoral activities held to promote cooperation between institutions. However, the Committee notes that no information is provided on the establishment, maintenance, progressive development and periodical review of a national system for OSH, in consultation with the most representative organizations of employers and workers, or on the components of this system, listed in Article 4(2) and (3). The Committee requests the Government to provide detailed information on the manner in which effect is given, in law and in practice, to each paragraph of this Article of the Convention, including specific references to relevant legislation.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee requests the Government to provide information on the measures taken or envisaged so as to progressively improve OSH conditions in micro-enterprises, SMEs and the informal economy.

Article 5. National programme on OSH. The Committee notes the Government’s indication that the Council on Occupational Safety and Health is responsible for the OSH Strategy, a document based on the premise that preservation and promotion of the health of workers is a fundamental human right and which is the main guideline for OSH development in the country for a given period of time. The Government indicates that the Strategy provides for further action plans in OSH through inter-sectoral activities and dialogue with the social partners and the expert and professional communities, and that the Council and Government are to be notified of the results of the monitoring and assessment of the implementation of the Strategy. The Committee asks the Government to provide further information on the effect given to this Article, in law and in practice, and to indicate the manner in which the Strategy fulfils the requirements provided for in Article 5(1) and (2) with regard to the content of the national programme. It also asks the Government to provide information on the targets and indicators of progress used to evaluate the Strategy and the outcome of consultations held with the social partners in this regard.

Application of the Convention in practice. The Committee refers to the statistical information, provided by the Government in its report under the Occupational Health Services Convention, 1985 (No. 161), according to which 15,687 deficiencies relating to OSH were identified in the course of the 10,699 regular inspections carried out in 2013. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in practice and to forward extracts of reports, studies and inquiries and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and any actions taken in relation thereto.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1(2) and (3) of the Convention. Scope. The Committee notes from the Government’s report that activities regulated by special laws, such as the armed forces, the police, and some of the activities of the rescue and protection forces, as well as customs workers, are not covered by the Law on Occupational Safety and Health (Law on OSH). It notes however, that domestic workers are now covered by the Law on OSH as of October 2011. The Committee requests the Government to take the appropriate measures, including the adoption of new legislation, to guarantee the application of the Convention to workers which are not covered by the Law on OSH.

Article 4(1). Measures to be taken for the prevention and control of occupational hazards. The Committee notes in the Government’s report information on measures for the reduction and prevention of risks at work and that the Government refers to section 12 of the Law on OSH, which states the general obligation of an employer in regard to occupational safety and health. The Committee notes that this provision is not specific to the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration. The Committee does note however, that section 4 of the Rulebook for occupational safety and health regarding exposure to the risks arising from noise states the exposure limits for noise, but does not give specific measures to be taken in order to reduce the risk associated with such exposure. The Committee further notes that if an employer does not act upon a decision by the state labour inspector, the state labour inspector proposes a settlement procedure before applying for an infringement procedure to the competent court. The Committee once again requests the Government to indicate the specific provisions in its national legislation which provide for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration.

Article 7(2). Rights of workers or their representatives. The Committee previously noted the information provided by the Government regarding sections 27, 31(1) and 38(2) of the Law on OSH. The Committee asked the Government to indicate the measures taken or envisaged, in law and in practice, to allow workers or their representatives to appeal to appropriate bodies so as to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment. Noting that the Government has not supplied the information requested, the Committee once again requests it to do so.

Article 8(1). Establishing criteria for determining hazards. The Committee previously asked the Government to indicate the measures taken or envisaged, in law and in practice, to establish criteria for determining the hazards of exposure to air pollution in the working environment. Noting that the Government’s report contains no information in this regard, the Committee once again requests the Government to indicate the measures taken or envisaged, in law and in practice, to establish criteria for determining the hazards of exposure to air pollution in the working environment.

The Committee also notes, once again, that the Government has omitted to provide information on the application of Articles 8(2)–(3), 11(3), 12, and 14 of the Convention. The Committee reiterates its request that the Government provides information on the application of these Articles, in law and in practice.

Application of the Convention in practice. The Committee notes from the Government’s report that, in 2013, the state labour inspectors covered 134,693 employees in the field of occupational safety and health and performed examinations of allowed values of exposure to noise and vibrations in 150 legal entities, and that identified deficiencies have been corrected. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country and to provide, where such statistics exist, information on the number and nature of the contraventions reported, and the number, nature and cause of occupational accidents and diseases reported.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that in its brief report, the Government once again refers to the Rulebook on the Minimum Health and Safety Requirements Regarding the Exposure of Workers to Chemical Substances, indicating that pursuant to section 11(2) of the Rulebook, the procedures relating to the protection of health when working with dangerous chemical substances for which there is a binding biological limit value are provided for in Annex No. 2 of the Rulebook. However, the Committee notes that despite its request, the Government has not submitted a copy of the Rulebook and its annexes and has not provided information on measures taken to give effect to the Convention. Recalling that the Office is available to assist governments in bringing their national law and practice into conformity with the Conventions, the Committee requests the Government to provide detailed information in its next report on measures taken or envisaged to give full effect to each of the provisions of the Convention and to submit a copy of the abovementioned Rulebook and its annexes.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Legislation. The Committee notes the information contained in the Government’s first report and the attached legislation, including the Law on occupational safety and health (Official Gazette of the Republic of Macedonia No. 92/07), the Law on product safety (Official Gazette of the Republic of Macedonia No. 33/2006 and 63/2007) and the Rulebook on Machinery Safety (Official Gazette of the Republic of Macedonia No. 123/2009). The Committee also notes the responses provided by the Government indicating effect given to Articles 1(1) and (2), 2, 10 and 15 of the Convention.

Article 1(3) of the Convention. Application of the provisions of the Convention to road and rail vehicles and to mobile agricultural machinery. The Committee notes that the provisions contained in the Rulebook on Machinery Safety do not apply to agricultural and forestry machinery and to motor vehicles and their trailers, with the exception of machinery mounted on these vehicles. The Committee recalls that, according to Article 1(3), the provisions of this Convention apply to road and rail vehicles during locomotion in relation to the safety of the operator, and to mobile agricultural machinery in relation to the safety of workers employed in connection with such machinery. The Committee requests the Government to provide further information on measures taken to ensure an effective application of this provision of the Convention.

Article 2. Dangerous parts of machinery requiring guards. The Committee notes the lists of dangerous parts and categories of machinery contained in Annex IV of the Rulebook on Machinery Safety and the basic requirements for safety and health in connection with the design and manufacture of machinery contained in Annex I of the abovementioned Rulebook. Against this background, the Committee wishes to refer to its 1987 General Survey on safety in the working environment, paragraphs 82 et seq., in which it indicates that “it is essential for the effective application of Part II of the Convention that the national legislation designate those parts of machinery that present a danger and require appropriate guarding”, and that the initial definition of dangerous machinery and parts thereof, should as a minimum cover those parts enumerated in Article 2(3) and (4) of the Convention. The Committee notes that the enumeration of dangerous parts contained in the Rulebook on Machinery Safety does not include all the parts explicitly enumerated in Article 2 of the Convention. The Committee requests the Government to take all appropriate measures to include the list of dangerous parts of machinery as contained in Article 2(3) and (4) of the Convention, in relevant laws and regulations.

Article 3(3). Sale or transfer of machinery for storage, scrapping or reconditioning. The Committee notes that the Government’s report does not contain any reference with regard to the sale or transfer of machinery for storage, scrapping or reconditioning in conformity with accepted standards of safety. The Committee requests the Government to supply information on measures taken to ensure effective application of this provision of the Convention.

Article 10. Measures establishing the employers’ obligation to bring relevant national legislation to the notice of workers and workers’ instructions. The Committee notes the information supplied by the Government in its report and that section 14 of the Law on occupational safety and health prescribes that the employer shall provide signs indicating danger and instruction for the safe use of the equipment, in accordance with a special regulation. The Committee requests the Government to provide further information on the special regulation mentioned above.

Article 12. Measures ensuring that workers’ rights under national social security or social insurance legislation are not affected. Article 14. Measures ensuring that the term “employer” includes a prescribed agent of the employer. The Committee notes that no information has been provided in the Government’s report with reference to the application of Articles 12 and 14 of the Convention. The Committee requests the Government to submit further information as to whether and in what way effect has been given, or is envisaged to be given, to these provisions of the Convention.

Part III of the report form. Article 15. Appropriate inspection services. Authority entrusted with the application of the Convention and methods of supervisions and enforcement. The Committee notes that, according to the Government’s report, an appropriate inspection service is ensured for occupational safety and health matters by the State Labour Inspectorate and for product safety by the State Market Inspectorate and the State Sanitary and Health Inspectorate. The Committee also notes the Government indicates that the authority responsible for the application of the Convention, the Ministry of the Economy, which also has to supervise the State Market Inspectorate. The Committee asks the Government to clarify whether the authority in charge of the supervision and enforcement of the Convention is the State Labour Inspectorate or the State Market Inspectorate, together with the State Sanitary and Health Inspectorate. In addition, the Committee requests the Government to provide more detailed information on the way in which supervision and enforcement are practically conducted in relation to guarding of machinery.

Article 16. Measures ensuring the consultation with the most representative organizations of employers and workers. Noting that no information has been supplied in the Government report, the Committee requests the Government to provide details on the manner in which consultations take place with the most representative organizations of employers and workers concerning the measures taken to give effect to the Convention.

Part V of the report form. Application in practice. The Committee notes the absence of information on the application in practice of the Convention. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports and information on any practical difficulties in the application of the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Legislation. The Committee notes the information supplied by the Government in its detailed first report. The Committee notes with interest the recent adoption of the Rulebook on the Minimum requirements for Occupational Safety and Health of the Employees against Risks related to Exposure to Carcinogenic, Mutagenic Substances or Substances with Toxic Effect to the Reproductive System (Official Gazette No. 110/2010) and the Rulebook on the Minimum Health and Safety Requirements Regarding the Exposure of Workers to Chemical Substances (Offical Gazette No. 46/2010).

Article 1(1) of the Convention. Periodic determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. The Committee notes that, in line with Article 1(1) of the Convention, the above mentioned Rulebooks contain a list of the substances, agents and products which are carcinogenic, mutagenic or with a toxic effect to the reproductive system. The Committee notes also that, while Rulebook No. 110 fixes the limits to exposure to three carcinogenic substances (benzene, monomer of a vinyl chloride and hard wood dust), Rulebook No. 46, Annex 3, contains a list of prohibited carcinogenic chemical substances, which can be subject to authorization upon notification to the state administration responsible for inspection. The Committee notes, however, that the report is silent as regards the periodical review of the above mentioned carcinogenic substances and agents. The Committee requests the Government to provide further detailed information on measures taken to ensure a periodical review of the list of carcinogenic substances in accordance with this provision of the Convention.

Article 5. Medical examination and health supervision. The Committee notes that, section 16 of Rulebook 46 provides for pre-employment and periodical medical examinations but does not provide any details regarding the type of medical examinations that are prescribed. With reference to paragraph 14 of the Occupational Cancer Recommendation, 1974 (No. 147) the Committee notes that section 11 of Rulebook No. 46, provides that, in case of exposure to chemical carcinogenic substances, the employer, with the advice of the physician, may decide to appoint the worker to another suitable job within the enterprise where there is no risk of further exposure. The Committee requests the Government to provide additional information on measures taken to ensure that full effect is given to this Article of the Convention.

Article 6(a). Consultations with the most representative organizations of employers and workers concerned. The Committee notes that the report is silent on the consultations held with the most representative organizations of employers and workers concerned on measures taken to give effect to the Convention. The Committee requests the Government to provide detailed information on the manner in which consultations are conducted with the most representative organizations of employers and workers concerned on measures taken to give effect to the Convention.

Article 6(b). Persons and bodies in charge of ensuring compliance with the provisions of the Convention. The Committee notes that the report is silent in this respect. The Committee invites the Government to provide further information on the persons and bodies on whom the obligation to comply with the provisions of the Convention rests.

Part IV of the report form. Article 6(c). Application in practice. The Committee notes the absence of information on the application in practice of the Convention. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, if possible disaggregated by sex, the number and cause of diseases reported.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the brief first report provided by the Government indicating that there are no specific regulations enforcing the provisions of the Convention, but that Annex No. 2 of the Rulebook on the Minimum Health and Safety Requirements Regarding the Exposure of Workers to Chemical Substances – List of binding occupational exposure limit values – refers to lead and its ionic mixtures. Recalling that, under article 22 of the ILO Constitution, the Government is required to submit regular reports on the measures which it has taken to give effect to the provisions of the Conventions to which it is a party, and referring the Government to its comments under the Occupational Safety and Health Convention, 1981 (No. 155), on the availability of the Office to assist governments, the Committee asks the Government to provide information in its next report on measures taken or envisaged to give full effect to the provisions of the Convention and to submit a copy of the abovementioned Rulebook and its annexes.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the brief first report provided by the Government indicating that there are no specific regulations enforcing the provisions of the Convention, but that Annex No. 1 of the Rulebook on the Minimum Health and Safety Requirements Regarding the Exposure of Workers to Chemical Substances – List of binding occupational exposure limit values – refers to benzol (benzene) and its limit values. Recalling that under article 22 of the ILO Constitution, the Government is required to submit regular reports on the measures which it has taken to give effect to the provisions of the Conventions to which it is a party, and referring the Government to its comments under the Occupational Safety and Health Convention, 1981 (No. 155), on the availability of the Office to assist Governments, the Committee asks the Government to provide information in its next report on measures taken or envisaged to give full effect to the provisions of the Convention and to submit a copy of the abovementioned Rulebook and its annexes.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1(2) and (3) of the Convention. Scope. The Committee notes that section 2 of the Law on Occupational Safety and Health (Official Gazette of RM br.92/07) (Law on OSH), states that the provisions of this law shall apply in all spheres of the public and private sector. The Committee further notes that the law shall not apply to activities if this matter has been regulated by a special regulation, for example the armed forces, police and to certain activities of the rescue and protection forces; and that domestic workers are excluded from application of the law. The Committee asks the Government to provide further information on the measures in place to give adequate protection to workers in excluded branches, in particular domestic workers; information on the measures towards wider application of the Convention; and to indicate the consultations undertaken with the most representative organizations of employers and workers.

Article 3. Definitions. The Committee notes that the Government has not provided specific information on the measures that define the terms “air pollution”, “noise” and “vibration”. The Committee asks the Government to indicate the definitions, in law and in practice, of the terms specified under Article 3 of the Convention.

Article 4(1). Measures to be taken for the prevention and control of occupational hazards. The Committee notes the information that the Rulebook on the Safety Statement requires the employer to undertake a risk assessment to eliminate or reduce the risk from hazards in the workplace, including chemical hazards (dust, liquids, gases and smoke) and physical hazards (noise and mechanical vibrations), and that the Rulebook on the exposure of workers to risk arising from noise prescribes measures to be taken for the prevention and control of, and protection against, noise. The Committee asks the Government to indicate measures in legislation for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution; and to attach a copy of the Rulebook on the Health and Safety at Work Requirements Regarding the Exposure of Workers to the Risks Arising from mechanical vibrations, indicating the specific provisions which give effect to the requirements under Article 4(1).

Article 7(2). Rights of workers or their representatives. The Committee notes the information provided by the Government regarding section 27 of the Law on OSH, which requires the employer to allow workers and their representatives to participate in the discussion on all issues pertaining to occupational safety and health (OSH); section 31(1), which requires employers to provide workers with appropriate OSH training; and section 38(2), which states that it is the right and obligation of every worker to make proposals, give opinions and remarks regarding OSH to the safety officer and medical institutions. The Committee asks the Government to indicate the measures taken or envisaged, in law and in practice, to allow workers or their representatives to appeal to appropriate bodies so as to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8(1). Establishing criteria for determining hazards. The Committee notes the information which indicates that the Rulebook on the Safety Statement determines the content and data of the risk assessment to be undertaken with regards to occupational hazards in the workplace, and that the regulations on noise and vibrations specify exposure limits for workers and criteria for undertaking a risk assessment and assessing the level of exposure. The Committee asks the Government to indicate the measures taken or envisaged, in law and in practice, to establish criteria for determining the hazards of exposure to air pollution in the working environment.

The Committee also notes that the Government has omitted to provide information on the application of Articles 8(2) and (3), 11(3), 12, and 14 of the Convention. The Committee requests the Government to provide information on the application of these Articles, in law and in practice.

Part IV of the report form. Application of the Convention in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to provide, 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 occupational accidents and diseases reported.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided by the Government in its latest report, which indicates the relevant EU directives transposed into national legislation during the report period. The Committee notes that the Government has not indicated whether the national policy and the Council for Occupational Safety and Health, mentioned in the Government’s previous report, have been established. The Committee further notes that the Government has omitted to provide responses to comments made by the Committee regarding effect given to Article 11(a)–(f), Article 12(a)–(c), Article 14 and Article 19(d)–(e). The Committee asks the Government to indicate in its next report whether a national policy has been adopted, and whether the Council for Occupational Safety and Health has been established, and any effect this has had on the application, in law and in practice, of Article 4, Article 6, Article 7 and Article 15. The Committee further reiterates its request that the Government provide information on measures taken, in law and in practice, to give effect to Article 11(a)–(f), Article 12(a)–(c), Article 14 and Article 19(d)–(e).

Article 5(a)–(e) of the Convention. Main spheres of action. The Committee notes the information provided by the Government on various training sessions and seminars held on OSH during 2009, and the establishment of a professional examination for occupational safety which appears to give effect to Article 5(c) of the Convention. The Committee asks the Government to provide further information on measures taken in law and in practice to give effect to the remaining requirements under Article 5.

Article 10. Guidance to employers and workers  The Committee notes the response provided in the Government’s report which indicates that many training sessions and seminars were held during 2009 on various laws and regulations relevant to OSH. The Committee asks the Government to indicate to whom these training sessions and seminars were addressed, and to provide further information on the measures taken to provide guidance to employers and workers so as to help them comply with legal obligations.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government indicating that of the 17,991 workplace inspections that took place in 2009, 16,008 irregularities or deficiencies were detected, and 11,269 deficiencies have since been removed, and that they primarily related to compulsory medical examinations, staff training, provision of first-aid equipment, etc. The Committee further notes that there were 494 occupational accidents and 12 deaths in 2009, and that a high number of these incidents occurred in the manufacturing and construction industries and were predominantly related to the lack of training of workers. The Committee asks the Government to provide information on measures taken or envisaged to address the high number of occupational accidents and deaths in the manufacturing and construction industries; to ensure the obligations under Article 19(d) on appropriate OSH training for workers and their representatives are applied in practice; and continue to provide information on the application of this Convention in practice, in particular with reference to occupational diseases.

Plan of Action (2010–16). The Committee would like to take this opportunity to inform the Government that, in March 2010, the Governing Body adopted a plan of action to achieve widespread ratification and effective implementation of the key instruments in the area of occupational safety and health, and the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (GB.307/10/2(Rev.)). The Committee would like to bring to the Government’s attention that, under this Plan of Action, the Office is available to provide assistance to governments, as appropriate, to bring their national law and practice into conformity with these key OSH Conventions in order to promote their ratification and effective implementation. The Committee invites the Government to provide information on any needs it may have in this respect.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1(a)(ii) of the Convention. Adaptation of work to the capabilities of workers. The Committee notes that section 3 of the Law on Occupational Safety and Health (Official Gazette of RM br.92/07) (Law on OSH) defines an “authorized health institution” as a health institution specialized in occupational medicine in accordance with the regulations in the field of health, engaged by the employer to provide health care at work. The Committee asks the Government to indicate the measures taken or envisaged to ensure that occupational health services advise the employer, the workers and their representatives, on the adaptation of work to the capabilities of workers.

Articles 2 and 4. Coherent national policy on occupational health services in consultation with the most representative organizations of employers and workers. The Committee notes that section 4 of the Law on OSH states that the Government is to adopt a programme for OSH which lays down the strategy for development of OSH in terms of protection of the life, health and working ability of the employees and prevention from workplace injuries and occupational and other diseases related to work. The Government indicates that despite the commitment for development of the programme and strategy for occupational and professional safety and health, in accordance with the Programme for Preventive Healthcare in the Republic of Macedonia for 2009, there is still no plan for the progressive development of occupational health services. The document is now expected to be prepared by the newly appointed Council for Occupational Safety and Health. The Committee asks the Government to provide further information on the formulation, implementation and periodical review of a coherent national policy on occupational health services (Article 2); to indicate the consultations that have taken place with the most representative organizations of employers and workers on the measures to be taken to give effect to the provisions of this Convention (Article 4); and to provide further information on the Council for Occupational Safety and Health.

Article 3. Progressive development of occupational health services for all workers. The Committee notes that section 2 of the Law on OSH specifies that the provisions of the Law apply in all spheres of the public and private sector, for all persons insured against workplace injury or occupational diseases in accordance with the regulations on pension, disability and health insurance, as well as for all other persons involved in the work processes, but that the provisions of the Law do not apply to activities regulated by special regulation (armed forces, police, etc.) or to domestic workers. The Committee asks the Government to indicate the measures taken or envisaged to ensure the progressive development of occupational health services for all workers.

Article 5. Functions of the occupational health service. The Committee notes that the primary tasks of the authorized health institution, depending on the type of activity carried out by the employer and the type and level of risk of injury or health impairment at work, are listed under section 20 of the Law on OSH. The Committee asks the Government to indicate the specific provisions which give effect to each requirement under Article 5.

Articles 7, 9 and 10. Organization and conditions of operation for occupational health services. The Committee notes the information provided by the Government which indicates that the staff of the labour medicine services involved in carrying out medical activities related to occupational health care, and professionals working and participating in providing occupational safety services (industrial hygiene and safety), are independent legal entities. The Committee asks the Government to provide further information on the measures taken or envisaged, in law and in practice, to ensure the full application of Articles 7, 9 and 10 concerning the organization and conditions of operation of occupational health services.

Article 15. Occupational health services to be informed of any known factors which may affect the workers’ health. The Committee notes the information that there is no fixed obligation to notify the health care services for fixed work absenteeism and the reasons for determining the causes of impairment of health. The Government indicates that while the employer is not required to notify, there is a legal obligation that the employer be informed of the reason for absence from work (diagnosis of disease) and for any reasonable medical leave from work. The Committee asks the Government to indicate the measures taken or envisaged, in law and in practice, to give full effect to the provisions of Article 15.

Part VI of the report form. Application of the Convention in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to provide, 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 occupational accidents and diseases reported.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided by the Government in its first report, and the attached translated copy of the regulation concerning protection of workers from exposure to asbestos at work. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the Convention.

Article 6(3) of the Convention. Procedures for dealing with emergency situations. The Committee notes that section 15(5) of the Rulebook on asbestos requires the employer to enable workers to acquire the necessary knowledge and skills in terms of prevention and safety including emergency procedures. The Committee asks the Government to provide further information on the preparation of emergency procedures for work involving exposure to asbestos and to indicate whether such procedures were developed in cooperation with the occupational safety and health services, and in consultation with the workers’ representatives concerned.

Article 17(2) and (3). Demolition workplan. The Committee notes the information indicating that section 14 of the Rulebook on asbestos requires a plan of work to be drawn up before the start of demolition work or work removing asbestos and/or asbestos-containing products from buildings, structures, equipment or installations or from ships. The Committee asks the Government to provide further information on whether employers are required to take into account the provisions of Article 17(2)(b) and (c) in the plan of work for demolition; and whether workers or their representatives are to be consulted on the workplan (Article 17(3)).

Article 20(2) to (4). Keeping of records on the monitoring of the working environment and of the exposure of workers; and providing workers and their representatives with access to these records, and the right to request such monitoring. The Committee notes the information indicating that section 20 of the Rulebook on asbestos requires the employer to enter into a register the workers responsible for carrying out activities involving exposure to asbestos indicating the nature and duration of the activity and the exposure. The Committee asks the Government to specify whether results of sampling are included in this register, and whether workers or their representatives have the right to request the monitoring and to appeal the results.

Article 21(3). Workers to be informed of the results of their medical examinations. The Committee notes the information that under section 19(4) of the Rulebook on asbestos, information and advice must be given to workers regarding any assessment of their health which they may undergo following the end of exposure by an occupational health specialist. The Committee asks the Government to provide further information on measures to ensure that this Article is applied in relation to all medical examinations of workers during their employment in work involving exposure to asbestos.

Article 21(4). Maintenance of income for workers whose health is at risk. The Committee notes that under section 19(2) and (3) of the Rulebook on asbestos, following clinical surveillance, the doctor or authority responsible for medical surveillance should advise on or determine any individual protective or preventive measures to be taken, including, where appropriate, the withdrawal of the worker concerned from all exposure to asbestos. The Committee asks the Government to provide information on the measures taken to provide workers, when continued assignment to work involving exposure to asbestos is found to be medically inadvisable, with other means of maintaining their income.

The Committee also notes that the Government has omitted to provide information on the application of Article 2(b) to (e), Article 3(2), Article 4, Article 14, Article 15(2), Article 19, Article 21(5) and Article 22(1) of the Convention. The Committee requests the Government to provide information on the application of these Articles, in law and in practice.

Part V of the report form. Application of the Convention in practice. The Committee notes the information provided by the Government on the application, in law, of a number of the Articles of the Convention. The Committee asks the Government to provide further information on the application of
Article 10(a) and (b) and Article 11(1) in practice. The Committee also asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to provide, 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 accidents and occupational diseases reported.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s reports on the application of this Convention in which it indicated that sections 160(1) and 169(1) of the Labour Relations Law give effect to the provisions of the Convention and that pursuant to section 256 of the same law supervision over compliance with these provisions is ensured through the Labour Inspectorate.

The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that with respect to underground work the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventative and protective measures for mine workers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its General Survey of 2001 on night work of women in industry in relation to Conventions Nos 4, 41 and 89, “the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial” (paragraph 186).

In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mine workers, and possibly also to the denunciation of Convention No. 45. In this respect, the Committee recalls that according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018. The Committee requests the Government to keep the Office informed of any decision taken in this regard.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 4, 5, 6, 7 and 15 of the Convention. National policy on occupational safety and health and implementing laws and regulations. The Committee notes the information that a national policy and a Council for Occupational Safety and Health, as an expert advisory body, is in the process of being set up (article 43 of the Law on Occupational Safety and Health J0.1992/07). This Council will, inter alia, review and provide recommendations concerning OSH programmes, a strategy for coherent policy for preventing and reducing workplace injuries and drafting legislative texts on OSH. The Committee would be grateful if the Government would keep it updated of any progress in this respect and to transmit a copy of this law as soon as it has been adopted.

Article 10. Measures taken to provide guidance to employers and workers to help them to comply with legal obligations. The Committee notes that in this respect the Government only refers to the enforcement actions to be taken by the labour inspectorate. The Committee notes, however, that there is no reference to guidance and information on OSH to be given to employers and workers to ensure compliance. The Committee requests the Government to provide further information on measures taken to give effect to this Article.

Article 11, paragraphs (a) to (f). Provisions concerning the progressive implementation of functions. The Committee notes that the Government refers to draft regulations which are going to be adopted in 2008 that reportedly regulates a number of issues relevant for the application of paragraphs (a) to (f). The Committee requests the Government to report on progress made in this respect in 2008 and to keep it informed on subsequent developments in this respect.

Article 12, paragraphs (a) to (c). Obligations for those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that the Government refers to regulations on OSH and the working equipment and on personal protective equipment used by employees during work which are not available and which seem to regulate other issues than those regulated in this Article. The Committee requests the Government to provide further information on measures taken to ensure that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use: (i) satisfy themselves that the machinery, equipment or substances do not entail dangers; (ii) make available information concerning the correct installation and use of machinery, equipment and substances; and (iii) undertake studies and research to comply with the above obligations.

Article 14. Measures taken or envisaged with a view to promoting the inclusion of questions of OSH at all levels of education and training. The Committee notes that the Government’s report is silent on this issue. The Committee would like to draw the Government’s attention to the importance of OSH education and training not only those immediately concerned with the issue but also for the society at large. The Committee requests the Government to indicate measures taken in law and in practice to give effect to this Article of the Convention.

Article 15. Arrangements to ensure the necessary coordination between various authorities and bodies concerned in giving effect to the national OSH policy. The Committee notes that consultation with the most representative organizations of employers and workers is to be held through the Economic and Social Council to be set up. The Committee recalls that systems for coordination and cooperation between the different authorities and bodies involved in the administration of the national OSH system are necessary to ensure coherence of action at all levels and to facilitate the flow of, and access to, information. The assignment of this function to a central body is an effective way to enhance the performance of such systems. Mechanisms for the consultation of organizations of employers and workers as well as other stakeholders and their participation in policy and legislation development and review are also needed to take their views and concerns into account and ensure their support in implementation. The Committee requests the Government to keep it informed on the progress achieved in this respect.

Article 19, paragraphs (d) and (e). Measures to ensure that workers’ representatives are given adequate information and appropriate training and that they can have recourse to technical experts. The Committee notes that article 31 of the OSH Law regulates that the employer must provide each employee with appropriate OSH training. The Committee notes that as regards to the training to be provided to the workers’ representatives, the Government indicated that this is to be regulated in legislation or possibly through collective agreement. The Committee requests the Government to provide further information on measures taken or envisaged to give full effect to this Article of the Convention.

Part V of the report form. 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 and attach extracts from inspection reports and, where such exists, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and causes of the accidents reported etc.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 4, 5, 6, 7 and 15 of the Convention. National policy on occupational safety and health and implementing laws and regulations. The Committee notes the information that a national policy and a Council for Occupational Safety and Health, as an expert advisory body, is in the process of being set up (article 43 of the Law on Occupational Safety and Health J0.1992/07). This Council will, inter alia, review and provide recommendations concerning OSH programmes, a strategy for coherent policy for preventing and reducing workplace injuries and drafting legislative texts on OSH. The Committee would be grateful if the Government would keep it updated of any progress in this respect and to transmit a copy of this law as soon as it has been adopted.

Article 10. Measures taken to provide guidance to employers and workers to help them to comply with legal obligations. The Committee notes that in this respect the Government only refers to the enforcement actions to be taken by the labour inspectorate. The Committee notes, however, that there is no reference to guidance and information on OSH to be given to employers and workers to ensure compliance. The Committee requests the Government to provide further information on measures taken to give effect to this Article.

Article 11, paragraphs (a) to (f). Provisions concerning the progressive implementation of functions. The Committee notes that the Government refers to draft regulations which are going to be adopted in 2008 that reportedly regulates a number of issues relevant for the application of paragraphs (a) to (f). The Committee requests the Government to report on progress made in this respect in 2008 and to keep it informed on subsequent developments in this respect.

Article 12, paragraphs (a) to (c). Obligations for those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that the Government refers to regulations on OSH and the working equipment and on personal protective equipment used by employees during work which are not available and which seem to regulate other issues than those regulated in this Article. The Committee requests the Government to provide further information on measures taken to ensure that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use: (i) satisfy themselves that the machinery, equipment or substances do not entail dangers; (ii) make available information concerning the correct installation and use of machinery, equipment and substances; and (iii) undertake studies and research to comply with the above obligations.

Article 14. Measures taken or envisaged with a view to promoting the inclusion of questions of OSH at all levels of education and training. The Committee notes that the Government’s report is silent on this issue. The Committee would like to draw the Government’s attention to the importance of OSH education and training not only those immediately concerned with the issue but also for the society at large. The Committee requests the Government to indicate measures taken in law and in practice to give effect to this Article of the Convention.

Article 15. Arrangements to ensure the necessary coordination between various authorities and bodies concerned in giving effect to the national OSH policy. The Committee notes that consultation with the most representative organizations of employers and workers is to be held through the Economic and Social Council to be set up. The Committee recalls that systems for coordination and cooperation between the different authorities and bodies involved in the administration of the national OSH system are necessary to ensure coherence of action at all levels and to facilitate the flow of, and access to, information. The assignment of this function to a central body is an effective way to enhance the performance of such systems. Mechanisms for the consultation of organizations of employers and workers as well as other stakeholders and their participation in policy and legislation development and review are also needed to take their views and concerns into account and ensure their support in implementation. The Committee requests the Government to keep it informed on the progress achieved in this respect.

Article 19, paragraphs (d) and (e). Measures to ensure that workers’ representatives are given adequate information and appropriate training and that they can have recourse to technical experts. The Committee notes that article 31 of the OSH Law regulates that the employer must provide each employee with appropriate OSH training. The Committee notes that as regards to the training to be provided to the workers’ representatives, the Government indicated that this is to be regulated in legislation or possibly through collective agreement. The Committee requests the Government to provide further information on measures taken or envisaged to give full effect to this Article of the Convention.

Part V of the report form. Application in practice and labour inspection. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country and attach extracts from inspection reports and, where such exists, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and causes of the accidents reported etc.