Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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), 119 (guarding of machinery), 136 (benzene), 139 (occupational cancer), 148 (working environment (air pollution, noise and vibration)), 155 (OSH), 161 (occupational health services), 162 (asbestos), 167 (OSH in construction), 184 (safety and health in agriculture), and 187 (promotional framework for OSH) together.

The Committee notes the observations of the Trade Union Confederation “Nezavisnost” on the application of Conventions Nos. 161 and 155, communicated with the Government’s report. The Committee also notes the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS) on the application of Conventions Nos 13, 139 161, 167, 184, 187, communicated with the Government’s report.

The Committee notes the representation under article 24 of the Constitution of the ILO, presented to the Governing Body by the Building and Wood Workers’ International (BWI), the Construction Labour Union and the Thamizhaga Kattida Thozhilalargal Mathiya Sangam, and the representation presented by the BWI and the Trade Union of Construction and Building Material Industry Workers of Serbia, alleging non-observance by Serbia of a number of Conventions, including the Occupational Safety and Health Convention, 1981 (No. 155), the Safety and Health in Construction Convention, 1988 (No. 167), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). At its 347th Session (March 2023), considering that these two representations concern similar issues, the Governing Body decided that they should be examined jointly by the same tripartite committee (GB.347/INS/19/4, paragraph 6 and GB.347/INS/19/5, paragraph 6). In accordance with its past practice, the Committee has decided to suspend its examination of the application of the Conventions concerned as it relates to the specific issues of safety and health referred to in the representations.

General provisions

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

I. Action at the national level

Article 2(3) of Convention No. 187. Ratification of relevant occupational safety and health Conventions of the ILO. The Committee notes that Serbia ratified the Safety and Health in Agriculture Convention, 2001 (No. 184), in 2019, following tripartite consultations. The Committee requests the Government to continue providing information on the periodic consideration, in consultation with the most representative organizations of employers and workers, of the measures which could be taken to ratify relevant ILO occupational safety and health Conventions.

II. National policy

Articles 4(1), 5(a-f) and 7 of Convention No. 155 and Article 3(1) of Convention No. 187.Formulation, implementation and periodic review of a national policy on OSH in consultation with social partners. Main spheres of action. Overall review of the situation regarding occupational safety and health or review relating to specific areas. In reply to Committee’s previous request, the Government provides in its report detailed information on a series of regulations adopted or amended to address the main spheres of action that affect OSH. The Committee notes that the Government adopted the Strategy for Safety and Health at Work 2018-2022 and that a new Strategy for Safety and Health at Work 2023-2027 is being prepared. With respect to the problems regarding the implementation of risk assessments acts at the undertaking level previously identified, the Government indicates that following the Labour Inspectorate's focus on this aspect during supervision in 2022, a significant portion of employers fulfilled their legal obligation to conduct risk assessments, with 85 per cent completing them and 12 per cent initiating the process. The Government indicates however that in 2022, many employers failed to establish rights, obligations, and responsibilities in the field of OSH in employment contracts, and those who did often neglected to address specific needs, such as those of young people, women in high-risk workplaces, persons with disabilities, and of the occupationally ill. The Government indicates that only a small percentage of employers, (only 5 per cent of those with ten or fewer employees), outlined these aspects in employment contracts, while for the majority of employees, these aspects are regulated through general legislation, while a few utilized collective agreements. The Committee requests the Government to provide information on the progress made in the adoption of the Strategy for Safety and Health at Work 2023-2027. It also requests the Government to provide information on the subsequent measures taken to ensure its periodic review, at regular intervals and in consultation with the most representative workers’ and employers’ organizations concerned, as well as on the other measures taken to review the OSH situation at appropriate intervals.The Committee requests the Government to provide information on the measures taken or envisaged to deal with the identified absence of clear safety and health provisions in employment contracts, the priorities for action, and the evaluation of the results.

III. National system

Article 11(a), (b), (d) and (f) of Convention No. 155. Functions to give progressive effect to the national policy. In its previous comments, the Committee requested the Government to expose the means by which it implements each paragraph of this Article of the Convention. The Committee observes that the new Law on OSH (Official Gazette of the RS, No. 35/23) gives effect to paragraphs (a), (b) and (d) of this Article. The Committee requests the Government to indicate the manner by which effect is given to Article 11 (f), regarding the introduction or extension of systems, to examine chemical, physical and biological agents in respect of the risk to the health of workers.

Article 11(c) and (e) of Convention No. 155 and Article 4(3)(f) of Convention No. 187. Procedures for collection and analysis of data. Production of annual statistics and annual publication of information on occupational accidents and diseases. The Committee notes that under section 65 of the new Law on OSH employers are obliged to report occupational injuries and diseases to both the health insurance organization and the Directorate for Occupational Safety and Health, which then analyses this information in their annual work reports. Furthermore, section 66(2) of the Law on OSH requires the health insurance organization to submit data on occupational accidents and diseases to the Ministry of Labour, Employment, Veteran and Social Affairs. Sections 68(1) and 89(1)(10) establish an electronic Register of Work Injuries managed by the Directorate of Occupational Safety and Health, where employers and designated doctors input data using the integrated health information system. In its observations, CATUS indicates that accessibility to statistics on occupational accidents and diseases is limited as the Directorate's annual report is only available the following year. To address this, CATUS suggests the creation of a publicly accessible table on the Directorate's website with accidents-related information. The Committee requests the Government to provide its comments in this respect. It requests the Government to provide information on the functioning of the mechanism for the notification, collection and analysis of data concerning occupational injuries and diseases under the Law on OSH.

Article 12(b) of Convention No. 155. Obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Government indicates that, in 2022, employers largely conformed with the Rulebook on preventive measures for safety and health at work when providing work equipment and there was an increased provision of personal protective equipment to employees, leading to a higher rate of intentional use among employees. However, the Government indicates that the use of such equipment, along with work equipment and hazardous materials, was characterized by lack of proper documentation in Serbian language regarding their use and maintenance. Taking note of this information, the Committee requests the Government to provide information on the measures taken, in law and in practice, to ensure that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use make relevant information and instructions available and accessible.

Article 15(1) of Convention No. 155. Coordination between various authorities and bodies. Coherence. Regarding the manner in which it ensures appropriate coordination between the Economic and Social Council and the Council of Safety and Health at Work, the Government indicates that coordination is achieved by the fact that the members of both bodies come from the same structures, namely: CATUS, “Nezavisnost” and the Serbian Association of Employers. It also indicates that other members of the Social and Economic Council and the Council for Occupational Safety and Health come from the same ministries. Taking note of the manner in which it ensures appropriate coordination between the Economic and Social Council and the Council of Safety and Health at Work, the Committee requests the Government to indicate the manner in which it ensures appropriate coordination between these bodies and other authorities (i.e. Ministry of Health, environmental authorities, etc.) responsible for giving effect to the Convention at the national level, with a view to ensuring the coherence of the policy referred to in Article 4 of this Convention.

Article 4(3)(h) of Convention No. 187. Micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy.The Committee requests the Government to provide detailed information on any initiatives aimed at progressively improving occupational safety and health in micro-enterprises, SMEs and the informal economy.

IV. National programme

Article 5(2)(c) of Convention No. 187. Formulation and review of the national programme on OSH in consultation with the most representative organizations of employers and workers. The Committee notes that the Government formulated a national programme on OSH in the form of an Action Plan for the implementation of the Strategy for Safety and Health at Work 2018-2022. Furthermore, it notes that the Government is planning to include a similar Action Plan in the Strategy for Safety and Health at Work 2023-2027, which is currently being prepared. The Committee requests the Government to provide information regarding the progress made on the adoption of the Action Plan for the implementation of the Strategy for Safety and Health at Work 2023-2027.

V. Action at the level of the undertaking

Article 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187. Cooperation between management, workers and their representatives. In reply to Committee’s previous request, the Government indicates that sections 57-61 of the new Law on OSH determine the selection of OSH representatives, the employer’s obligation to consult, inform and cooperate with employees, their OSH representatives and the OSH committee, as well as the rights of employee’s representatives. The Committee notes in particular, that under the Law on OSH, employees, employee representatives, or the OSH committee are to be consulted in advance and in a timely manner regarding all measures that can significantly affect the safety and health of employees; organizing work safety and health at work and assigning employees to perform those tasks; and organizing training referred to in this Law. The Committee takes note of this information which addresses the Committee’s previous request.

Occupational Health Services Convention, 1985 (No. 161)

Articles 2 and 4 of the Convention. Formulation, implementation and periodical review of a coherent national policy, in consultation with the most representative organizations of employers and workers. Application in practice. In its previous comments, the Committee noted that the Strategy for Safety and Health at Work 2013-17 contained elements of a national policy on occupational health services but did not fully give effect to the requirements of Article 2 of the Convention. With reference to its comments under Convention No. 155, the Committee notes that, within the framework of the Strategy for Safety and Health at Work 2018-2022, the enhancement of occupational health is a key priority, along with the empowerment of its main stakeholder, the occupational health services. Specifically, the Committee notes that the Strategy envisages a cost-benefit analysis of contracting occupational health services to safeguard workers' well-being with the aim of identifying measures that would enhance the role of occupational health services. In its observations, the CATUS expresses concern regarding the closure of numerous occupational medicine services, which have been replaced by privately owned institutions and indicates that this shift has been facilitated by the new Law on OSH, which broadens the scope to include any health institution conducting occupational medicine activities. The CATUS emphasizes the urgent need to revive these services, advocating for the development of a national work plan and program. Moreover, it points to the need to incentivize young doctors to specialize in this field given that a significant number of occupational medicine specialists are nearing retirement. The Committee requests the Government to provide its comments in this respect. The Committeerequests the Government to provide details on the progress made in the implementation of the Strategy for Safety and Health at Work 2018-2022 with respect to occupational health services.The Committee requests the Government to provide further information on the formulation and periodic review of the national policy on occupational health services, including in the context of the upcoming adoption of the Strategy for Safety and Health at Work 2023-2027, particularly as regards their organization and operation; and on the manner in which consultation with the most representative organizations of employers and workers is undertaken in this regard.

Articles 3(1) and 5. Functions of the occupational health services and progressive development of occupational health services for all workers. In its previous comments, the Committee noted that under the previous Law on OSH several of the functions of the OSH services were limited to employees in workplaces with high risk, and noted the indications of both the Government and the CATUS that there were problems with respect to the undertaking of risk assessments and the determination of workplaces as high risk. Regarding measures to strengthen the identification and assessment of risks in the workplace, the Committee refers to its comments under Convention No. 155. The Committee notes that, under section 54 of the new Law on OSH, occupational health services shall be liable to perform a variety of functions, including risk assessments, without those functions being limited to employees in workplaces with high risk. Section 56 of the Law on OSH provides for pre and periodic medical examinations for employees in workplaces with increased risk. In its observations, the “Nezavisnost” expresses concern about the absence of consultation with occupational medicine during the preparation of risk assessments potentially impacting workplace safety evaluations. The CATUS indicates that inspectors should ask for proof of the involvement of occupational medicine service in risk assessment and apply penalties when this does not take place. The CATUS also indicates that the role of occupational medicine in health care and protection of labour rights has been undermined, a problem which was exacerbated by the COVID-19 pandemic, which has resulted in workers facing barriers in accessing diagnoses and receiving their disability benefits. The Committee requests the Government to provide its comments in this respect. It requests the Government to provide further information on the measures taken to ensure the progressive development of occupational health services, for all workers in all branches of economic activity and undertakings. The Committee requests theGovernment to indicate how it is ensured in practice that occupational health services perform functions that are adequate and appropriate to the occupational risks of the undertaking, including in the context of the application of the new Law on OSH.

Article 15. Informing occupational health services of ill health among workers and absence from work for health reasons. The Government indicates that effect to this Article is given through the general duty of cooperation between occupational health services and the OSH advisor, or the OSH associate on all issues in the field of safety and health at work, pursuant to section 50, paragraph 1, items 14 and 15 and section 54, paragraph 1, item 13 of the Law on OSH. The Committee requests the Government to provide more information on the manner in which occupational health services are informed of occurrences of ill health among workers and of absences from work for health reasons, in practice under the new Law on OSH. The Committee requests the Government to indicate how it ensures that personnel providing occupational health services are not required by employers to verify the reasons for absence from work.

Protection against specific risks

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

The Committee notes the information provided by the Government regarding Article 3 of the Convention (prohibition of the employment of workers under 18 years and women workers) which responds to its previous request.

Articles 1 and 2 of the Convention. In reply to Committee’s previous request, the Government has provided a copy of the Rulebook on preventive safety and health measures concerning exposure to chemical agents at the workplace. In this respect, the Committee notes that Schedule 1 of this Rulebook determines the binding limit value for exposure to lead and its inorganic compounds at 0.15 mg/m3 and Schedule 2 provides for the mandatory biological limit values and health surveillance measures with respect to lead.

In its observations, the CATUS provides a list of activities (including painting) in which lead is still used, emphasising the risk of workers’ family members being exposed as well, due to lead dust brought home from work on the employees’ clothes, hands, hair and shoes. The CATUS requests for the adoption of regulations prohibiting the use of white lead, lead sulphate and other products and the adoption of specific measures for notification of cases of lead poisoning, suspected lead poisoning and medical examination for employees. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to provide information on any measures taken to regulate the use of white lead, sulphate of lead, and all products containing these pigments, in relation to artistic painting and fine lining.

Article 5, Part III. Regulating the use of white lead, sulphate of lead and of all products containing these pigments. In reply to Committee’s previous request, the Government indicates that no regulations have been adopted to give effect to this Article of the Convention. Therefore, the Committee once again requests the Government to provide information on any measures taken for the notification of cases of lead poisoning and of suspected lead poisoning and for the medical examination of workers (Article 5, Part III).

Articles 5, Part III and 7. Notification and statistics as to morbidity and mortality with regard to lead poisoning. Application in practice. During the inspections carried out in the period 2020 to 2022, the labour inspection did not come across cases of use of lead bleach, lead sulphate and all products containing these pigments in artistic painting or fine lining. In the period 2020 to 2022, no cases of illness and mortality due to lead poisoning among paint workers were reported to the labour inspection. The Committee requests the Government to continue to supply information on the application of this Convention in practice, including statistics as to morbidity and mortality with regard to lead poisoning information on the number of workers covered by the relevant legislation, inspection visits conducted, the number and nature of the contraventions reported, and sanctions imposed.

Guarding of Machinery Convention, 1963 (No. 119)

Article 1(2) of the Convention. Application to manually powered machines. In its previous comments, the Committee noted that the definition of the term machinery used in the Rulebook on Machine Safety (No. 13/2010) did not include manually powered equipment. In this respect, it notes with interest that the new Rulebook on Machine Safety (Official Gazette of the RS, No. 58/16 and 21/20) applies to machines operated by manual power. The Committee takes note of this information, which addresses its previous request.

Article 1(3). Application of the provisions of the Convention to road and rail vehicles and to mobile agricultural machinery. The Committee notes that the new Rulebook on Machine Safety, similarly to the previous Rulebook does not apply to agricultural and forestry tractors (section 3(5)(1)), motor vehicles and their trailers (section 3(5)(2)) and means of transport on rail networks (section 3(5)(5)), with the exception of machinery mounted on these vehicles. The Committee recalls that, according to Article 1(3) of the Convention, 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 once again requests the Government to provide information on measures taken to ensure the effective application 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).

Article 2. Obligations related to the sale, hire, transfer in any other manner, and exhibition of machinery of which the dangerous parts are without appropriate guards. With respect to the sale of machinery, the Government indicates that similarly to the previous Rulebook, the new Rulebook on Machine Safety applies to all new machines placed on the market. Regarding second-hand machines, the Committee notes the existence of a series of related technical regulations. With respect to hire or transfer, the Government indicates that special regulations shall apply to the lease or service of used machinery. Regarding measures taken to ensure the application in practice of the Rulebook, the Government indicates that the Ministry of Economy conducts regular campaigns to educate businesses about the requirements of this Rulebook. In this respect, the Committee also notes the publication of the Guide to implementation of the Rulebook. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that the hire and transfer of machinery of which the dangerous parts are without appropriate guards are prohibited by national legislation or are prevented by other equally effective measures. The Committee requests the Government to provide information on the special regulations applicable to the hire or transfer of used machinery, previously referred to by the Government.

Application in practice. The Government indicates that the Labour Inspectorate identified the monitoring of machines as one of the areas of control in its annual plan for 2023. During the previous period, the monitoring of the Labour Inspectorate focused on machines such as manual and impact screwdrivers, following previous inspections on grass trimmers, electric tools, chainsaws, and joint controls on various equipment. Referring to its comments under Convention No. 155, the Committee notes the information provided by the Government concerning the deficiencies identified in 2022 regarding prescribed documentation in the Serbian language for their use and maintenance of work equipment. The Committee requests the Government to provide information on the application of the new Rulebook of Machine Safety with respect to the guarding of machinery.

Benzene Convention, 1971 (No. 136)

Article 11(1) of the Convention. Prohibition of the employment of pregnant women and nursing mothers in work processes involving exposure to benzene. The Committee notes that section 3 of the Rulebook on measures for safe and healthy work of employed women during pregnancy, recent mothers and employees who are breastfeeding provides for the obligation of the employer to perform a risk assessment, for all work positions in the working environment where there is a possibility of exposure to hazards as per Schedule 1. The Committee understands that Schedule 1 refers to hazardous chemical substances that meet specific hazard classification criteria. Furthermore, under section 5 the employed woman during pregnancy, and an employee who is breastfeeding may not work at a workplace for which the risk assessment has determined a risk to safety or health from exposure to hazards and working conditions specified in Schedule 2. However, the Committee notes that benzene or products containing benzene are not included expressly in Schedule 2 of the Regulation. The Committee requests the Government to clarify whether hazardous chemical substances under Schedule 1 include benzene.The Committee requests the Government to indicate the measures taken to ensure that the legislation provides that women medically certified as pregnant, and nursing mothers, shall not be employed in work processes involving exposure to benzene or products containing benzene.

Application in practice. With regards to the CATUS’ previous observation on the need to modernize and upgrade installations where hazardous substances are handled in light of updated technical standards, the Government indicates that section 15 of the new Law on OSH stipulates that the employer is obliged to engage a licensed entity to conduct preventive and periodic tests of certain hazards, including chemical hazards. The Committee also notes the information provided by the Government on labour inspection activities targeting industries which might involve potential exposure to benzene. The Government indicates in particular that, in 2022, the Labour Inspectorate carried out a total of 325 inspections and 1 advisory visit in the field of occupational safety and health in the production of chemical products, rubber and plastics, covering 15,829 employees; as well as 401 inspections in the field of occupational safety and health in the textile, leather and footwear industry, covering 18,442 employees. The Committee requests the Government to continueto provide information on the application of the Convention in practice, including the number, nature and cause of cases of occupational disease reported.

Occupational Cancer Convention, 1974 (No. 139)

Legislation. The Committee notes the Government's indication in its report that the Rulebook on Preventive Measures for Safe and Healthy Work related to Exposure to Carcinogens or Mutagens was amended in 2017 to further harmonize with the Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work. The Committee takes note of this information, which addresses its previous request.

Application in practice. The Committee notes that the Government has not provided information on the measures taken or envisaged to address the issue of increased exposure of workers to hardwood dust, a carcinogenic substance, in the wood processing sector. In its observations, the CATUS indicates that, almost 40,000 employees are exposed to carcinogens and mutagens on a daily basis. In this respect, it indicates that it is necessary to amend section 6(4) of the Rulebook on Preventive Measures for Safe and Healthy Work related to Exposure to Carcinogens or Mutagens Rulebook, which refers to preventive measures by establishing an obligation for the employer to introduce a list of substances used, drawing from Schedules 1 and 2 (overview of substances, mixtures and processes) of the Rulebook. This way, inspectors will be able to readily identify whether there is need to further investigate based on the list of hazardous substances used. The Committee requests the Government to provide its comments in this respect. It once again requests the Government to provide information on the measures taken or envisaged to address the abovementioned issue in the wood processing sector. It also once again requests the Government to give a general appreciation of the manner in which the Convention is applied and to provide relevant statistical information.

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

Article 4(1) and (2) and Article 8(1) of the Convention. Measures for prevention, control of, and protection against, occupational hazards. With respect to air pollution, the Committee notes that the Rulebook on preventive measures for safe and healthy work during exposure to chemical substances, the Rulebook on preventive measures for safe and healthy work during exposure to biological hazards and the Rulebook on preventive measures for safe and healthy work during exposure to carcinogens or mutagens provide for the criteria for determining the hazards of exposure to such agents that may be sources of air contamination, relevant exposure limits, as well as measures of prevention, control and protection against hazards caused by these agents. Noting once again that the Rulebook on preventive measures relating to safety and health in workplaces involving exposure to vibration does not apply to marine and air transport, the Committee requests the Government to specify the national law or regulations prescribing measures for the prevention, control and protection against hazards due to vibration in these sectors.

Article 8(2) and (3). Consideration of opinions of technically competent persons designated by employers’ and workers’ organizations. Regular revision of criteria and exposure limits.Designation of technically competent persons. The Committee notes the Government’s indication that regulations in the field of occupational safety and health were discussed and adopted in consultation with the CATUS, the “Nezavisnost”, and the Serbian Association of Employers, and through the Social and Economic Council of the Republic of Serbia, and the Permanent Working Body for Occupational Safety and Health. The Committee once again requests the Government to provide information on how technically competent persons designated by employers’ and workers’ organizations, such as those on the Social and Economic Council of the Republic of Serbia, and the Permanent Working Body for Occupational Safety and Health, are consulted in the determination of exposure levels by the competent authority, as required by Article 8(2) of the Convention.

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers' exposure to occupational hazards. The Government indicates that the Rulebook on the procedure for inspecting and checking equipment for work and for testing work environment conditions (Official Gazette of the RS, No. 15/23) prescribes preventive and periodic tests of working environment conditions, i.e. chemical, biological and physical hazards (including noise and vibration) and microclimate. carried out by a licensed entity to carry out inspections and checks of work equipment. The Committee requests the Government to indicate whether any processes, substances, machinery and equipment, which involve exposure of workers to occupational hazards due to air pollution, have been determined by the competent authority as requiring notification.

Application in practice. The Government provides detailed information on labour inspection activities conducted for 2020-2022 for industries where employees may be exposed to risks due to noise and vibrations such as production of metal, machines and other equipment, forestry and construction, including on the number and types of inspection, workers covered, contraventions identified, and penalties imposed. The Committee notes that 20 labour inspectors successfully completed a training programme which focused inter alia on preventive measures concerning workers’ exposure to risks from noise and vibration. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice in the country.

Asbestos Convention, 1986 (No. 162)

The Committee notes the information provided by the Government in response to its previous request regarding Article 6(3) of the Convention concerning procedures for dealing with emergency situations.

Article 20(4). Right to request the monitoring of the working environment. In reply to the Committee’s previous request, the Government indicates that section 58(1)(3) of the new Law on OSH stipulates that employees, employee representatives and/or the safety and health committee have the right to demand supervision by the labour inspection, if they believe that the employer has not implemented appropriate measures for safety and health at work, attend the inspection, as well as submit remarks and observations. In this respect, the Government provides detailed information on the numbers of inspections and visits undertaken in the field of occupational safety and health for 2019-2022 at the request by employees, as well as results and penalties. The Committee requests the Government to specify whether workers or their representatives have the right to appeal the results of the requested monitoring of the working environment, in accordance with Article 20(4) of the Convention.

Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

The Committee notes the information provided by the Government in reply to its previous request concerning the measures giving effect to the following provisions of the Convention: Article 4 on assessment of safety and health hazards with a view to adopting and maintaining in force laws and regulations, Article 15(2) on lifting appliances and raising, lowering or carrying persons in appliances constructed, installed and used for that purpose; Article 16 on transport, earth-moving and materials-handling equipment; Article 19 on excavations, shafts, earthworks, underground works and tunnels; Article 21(2) on work in compressed air, supervision of the operations by a competent person; Article 23 on work over water; Article 24 on demolition; Article 27 on explosives; and Article 32 on welfare.

Article 3 of the Convention. Consultation of employers' and workers' organizations. The Committee notes the Government’s indication that all regulations and strategic documents in the field of occupational safety and health were discussed and adopted in consultation with the CATUS, the “Nezavisnost”, and the Serbian Association of Employers, and through the Social and Economic Council of the Republic of Serbia, and the Permanent Working Body for Occupational Safety and Health. The Committee refers to its comments under Article 8 of Convention No. 155 and Article 4(1) and (2)(a) of Convention No. 187.

Article 30(1) and (3). Provision of personal equipment and protective clothing. The Committee notes that in its observations, the CATUS once again expresses concern regarding the absence of individual protective equipment. The Committee requests the Government to provides its comments in this respect and to indicate the manner in which it is ensured in practice that workers are provided with personal protective equipment.

Application in practice. The Committee takes note of the detailed information provided by the Government regarding the activities of labour inspection services in the field of occupational safety and health in the construction, the number and causes of occupational accidents in the construction sector (including a detailed analysis of fatal and non-fatal injuries and collective accidents at work, which occurred 2019-2022) penalties imposed as well as on the number of workers covered by the relevant legislation. In reply to the Committee’s request on the measures taken to effectively ensure the safety and health of all workers engaged in construction, including undeclared workers or those operating in the informal economy, the Government indicates that the new Law on OSH provides employees in the informal economy the right to safety and health at work the same way as for employees who have concluded an employment contract. In its observations, the CATUS once again expresses concern regarding the lack of medical supervision, the non-implementation of the procedures for inspecting and checking work equipment and examining the conditions of the working environment. It also reiterates that a certain number of employers fail to provide safety instructions and training to their workers, to refer their workers to medical examinations and to comply with their reporting obligations to the labour inspectorate. The CATUS further highlights that the labour inspectorate has done little to foster a national culture of prevention in the field of OSH through raising awareness. It proposes various measures to improve awareness and implementation of safety practices, such as utilizing social media, integrating safety education into school curricula, and organizing competitions for students. Additionally, the CATUS stresses the importance of maintaining a publicly accessible database on the Directorate for Occupational Safety and Health website, documenting injuries, their causes, types, and the corrective actions taken. The Committee requests the Government to provide its comments in respect of the observations made by CATUS.

Safety and Health in Agriculture Convention, 2001 (No. 184)

The Committee notes the information provided by the Government in response to its previous request regarding Article 6(2) of the Convention concerning the situation when two or more employers or self-employed persons undertake activities simultaneously at one workplace.

Article 4(1) of the Convention. Formulation, implementation and periodical review of a coherent national policy on safety and health in agriculture after consulting the representative organizations of employers and workers concerned. Following its previous comments, the Committee notes that the Government did not provide information on the implementation of the Strategy for Safety and Health at Work 2018–2022 and its Action Plan in the agricultural sector and the results thereof. The Committee requests the Government to continue to provide information on the measures taken to periodically review a coherent national policy on safety and health in agriculture. The Committee also requests the Government to provide information on the application of the Strategy for Safety and Health at Work for 2023–27 and its Action Plan in the agricultural sector and the results thereof.

Article 4(2)(c). Mechanisms of inter-sectoral coordination among relevant authorities and bodies for the agricultural sector. The Government reiterates that inter-sectoral coordination between competent authorities and bodies for the agricultural sector is conducted through the Council for Occupational Safety and Health. The Committee once again requests the Government to provide further information on the manner in which inter-sectoral coordination is ensured among relevant authorities and bodies for the agricultural sector, including among the Administration for Safety and Health at Work of the Ministry of Labour, Employment, Veterans and Social Affairs and the Ministry of Agriculture, Forestry and Water Management.

Article 9(1) and (2). Machinery safety and ergonomics. The Committee notes that the Government refers to a series of provisions under the new Law on OSH which provide for employers’ duties with regards to machinery safety and ergonomics. Nonetheless, it observes notes that no provisions have been identified in the national legislation that ensure that manufacturers, importers and suppliers comply with the standards referred to in Article 9(1) and provide adequate and appropriate information, including hazard warning signs, in the official language or languages of the user country, to the users and, on request, to the competent authority, in accordance with Article 9(2). The Committee refers to its comments on the application of the Guarding of Machinery Convention, 1963 (No. 119), where it noted that the new Rulebook on Machine Safety does not apply to agricultural and forestry tractors. The Committee once again requests the Government to provide information on the measures taken to ensure that manufacturers, importers and suppliers comply with the standards set out in Article 9(1) and provide adequate and appropriate information in Serbian, in accordance with Article 9(2).

Article 10(a). Use of agricultural machinery and equipment only for work for which they are designed. The Committee takes note of the provisions referred to by the Government that ensure that machinery and equipment is only used for work for which they are designed and operated by trained and competent persons, in accordance with national law and practice. The Committee notes that the Government does not indicate specifically how it is ensured that agricultural machinery and equipment are not used for human transportation unless designed or adapted to carry persons. The Committee once again requests the Government to provide information on legislative or other provisions containing the prohibition for the use of agricultural machinery and equipment for human transportation, unless specifically designed to do so.

Article 12(b). Sound management of chemicals. Appropriate system for the importation, classification, packaging and labelling of chemicals, and adequate information. The Committee takes note of the adoption of: i) the Rulebook on the content of the declaration and instructions for the application of pesticides, as well as specific requirements and signs of risks and warnings for persons and the environment and the way of handling the empty packaging of pesticides (Official Gazette of the Republic of Serbia, No. 21/12, 89/14 and 97/15); and ii) the Rulebook related to the conditions and methods of inspection and sampling of shipments of plant protection products (Official Gazette of the Republic of Serbia, No. 133/2020). The Committee requests the Government to provide information on how the Rulebooks give effect to Article 12(b) of the Convention.

Article 12(c). Suitable system for the safe collection, recycling and disposal of chemical waste. The Government indicates that national waste management strategy adopted on 4 July 2003 ensures the conditions for rational and sustainable waste management in Serbia. The Committee requests the Government to indicate how national legislation ensures that there is a suitable system for the safe collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals used in agriculture so as to avoid their use for other purposes and to eliminate or minimize the risks to safety and health and to the environment.

Article 17. Temporary and seasonal workers. The Committee recalls that, according to the Law on Simplified Employment in Seasonal Jobs in Certain Activities, the employer is obliged to apply generally recognized measures that ensure the safety and health of seasonal workers but is not obliged to undertake a risk assessment. The Committee once again requests the Government to provide further information on measures taken to ensure that temporary and seasonal workers receive the same safety and health protection as that accorded to comparable permanent workers in agriculture, including information on risk assessments for temporary and seasonal workers.

Article 18. OSH measures for women workers in agricultural undertakings. In reply to Committee’s request on the measures taken or envisaged to ensure that the special needs of women agricultural workers are taken into account, specifically in relation to reproductive health, the Government indicates that the employer is obliged to determine the risks related to the reproductive health of agricultural female workers with the act on risk assessment in accordance with section 16 of the new Law on OSH. Furthermore, the Government refers to section 6 of the Law which indicates that special rights, obligations and measures related to the safety and health at work of women working at a workplace with an increased risk that could jeopardize the reproductive health are regulated by this and other laws, other regulations, or a collective agreement. The Committee requests the Government to provide further information on the additional laws, regulations and collective agreements regulating this issue.

Article 19. Welfare and accommodation facilities. In its previous comments, the Committee noted an absence of information with regards to the prescription of minimum accommodation standards for workers who are required by the nature of the work to live temporarily or permanently in the undertaking. It notes the Government’s statement that this topic will be addressed in the coming period. Taking due note of the Government’s indication, the Committee requests the Government to provide information on any legislation or regulations adopted which prescribe the minimum accommodation standards for workers who are required by the nature of the work to live temporarily or permanently in the undertaking.

Application of the Convention in practice. In its observations, the CATUS indicates that despite the country's agricultural focus, there is a notable absence of reported work-related injuries, including those caused by pesticide exposure and lack of personal protective equipment. It also points to inadequate waste and chemical management, and insufficient application of OSH regulations. It emphasises the need to urgently introduce more specific protection measures for farmers and provide farmers with information and training, indicating that the Directorate for OSH could focus on the promotion of OSH in agriculture, especially during the agricultural season. The Committee requests the Government to provide its comments in this respect.

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

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 139 (occupational cancer), 155 (OSH) and 187 (promotional framework for OSH) together.

The Committee notes the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS) on the application of Conventions Nos 139 and 187 communicated with the Government’s report.

General provisions

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

Article 8 of Convention No. 155 and Article 4(1) and (2)(a) of Convention No. 187. Obligation to establish, maintain, progressively develop and periodically review a national system for occupational safety and health, in consultation with the most representative organizations of employers and workers. Legislation. The Committee notes the Government’s indication in its report, with respect to previous observations on the adoption of laws without consultation with the social partners or prior consideration by the Social and Economic Council, that from April 2016 to July 2023, all regulations and strategic documents in the field of occupational safety and health were discussed and adopted in consultation with CATUS, the Trade Union Confederation “Nezavisnost”, and the Serbian Association of Employers, and through the Social and Economic Council, and its Permanent Working Body for Occupational Safety and Health. It indicates that during the amendments to the Law on Pension and Disability Insurance in 2018 and 2021, public debates were held in which employers’ and workers’ organizations took part. The Committee notes that a new Law on Occupational Safety and Health (Official Gazette of the RS, No. 35/23) was adopted on 28 April 2023, and it notes the detailed list of OSH regulations adopted or amended until 2023. In its observations, CATUS reiterates that public debates cannot be conducted via email, which has been done several times so far with several different laws and regulations, which in practice prevents all interested parties from participating meaningfully and equally in the public debate process. The Committee requests the Government to provide its comments in this respect. It requests the Government to continue to take measures to ensure that the periodic review of the national legislative framework is in consultation with the most representative organizations of employers and workers.

Protection against specific risks

Occupational Cancer Convention , 1974 (No. 139)

Article 5 of the Convention. Medical examinations during the period of employment and thereafter. The Committee notes the Government’s reference to section 15 of the Rulebook on Preventive Measures for Safe and Healthy Work related to Exposure to Carcinogens or Mutagens, which provides for the monitoring of health status before and during employment. The Committee notes that the section provides for prior and periodic medical examinations of employees at workplaces with increased risk and targeted medical examinations for employees at workplaces which have not been identified to have increased risk. At the same time, the Committee notes that Annex 2 of the Rulebook refers to measures of health status monitoring. The Committee notes with regret that the Government has not provided information regarding the provision of medical examinations upon termination of employment and thereafter as are necessary, and it recalls in this respect that there is often a significant latency period between occupational exposure and the development of cancer. In its observations, CATUS expresses concerns with regard to non-compliance with the medical examination obligation, indicating that no cases of occupational disease have been reported for years. It further indicates that employees do not receive medical examinations, biological or other tests that are necessary to assess their health status in connection with the professional hazards after termination of employment. In addition, CATUS states that it believes there is a need to introduce a mandatory annual medical examination, even for those workplaces which are not at higher risk, including part-time positions. The Committee requests the Government to provide its comments regarding the issues raised by CATUS. In addition, the Committee reiterates its previous request urging the Government to take measures to ensure that workers are provided with such medical examinations or biological or other tests or investigations as are necessary to evaluate their state of health in relation to occupational hazards not only during the period of employment but also thereafter. It also requests the Government to provide information on the incidence of occupational diseases in Serbia, and to provide detailed information on the measures taken to ensure their identification, diagnosis, recording and notification.

The Committee is raising other matters in a request addressed directly to the Government.

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

The Committee notes the Government’s first report.

Article 4(1) of the Convention. Formulation, implementation and periodical review of a coherent national policy on safety and health in agriculture after consulting the representative organizations of employers and workers concerned. The Committee notes the Government’s indication in its report concerning the Strategy for Safety and Health at Work for the period from 2018 to 2022, as well as an Action Plan for its implementation, following tripartite consultations. The Committee notes that the Strategy is directed towards all economic entities, and especially towards high-risk activities, including agriculture. The Committee also notes the establishment of the Council for Safety and Health at Work, a tripartite body in charge of initiating the process for the adoption of regulations and national programs in the field of safety and health at work. The Committee requests the Government to provide information on the implementation of the Strategy for Safety and Health at Work for 2018–22 and its Action Plan in the agricultural sector and the results thereof. The Committee requests the Government to continue to provide information on the measures taken to periodically review a coherent national policy on safety and health in agriculture, including by the Council for Safety and Health at Work.

Article 4(2)(c). Mechanisms of inter-sectoral coordination among relevant authorities and bodies for the agricultural sector. The Committee notes the Government’s indication in its report that the Council for Safety and Health at Work includes representatives from both the Ministry of Labour, Employment, Veterans and Social Affairs and other ministries including from the Ministry of Agriculture. The Committee requests the Government to provide further information on the manner in which inter-sectoral coordination is ensured among relevant authorities and bodies for the agricultural sector.

Article 6(2). Two or more employers or self-employed persons undertaking activities simultaneously at one workplace. The Committee notes that section 19 of the Law on Safety and Health at Work (OSH Law) prescribes the obligation of two or more employers simultaneously undertaking activities at one workplace to cooperate in applying the prescribed OSH measures and that the manner of their cooperation shall be specified by a written agreement. The Committee requests the Government to provide information about the measures taken to give effect to Article 6(2) as regards the duty of self-employed persons to cooperate in applying safety and health requirements, where one or more self-employed persons and one or more employers undertake activities in the same agricultural workplace.

Article 9(1) and (2). Machinery safety and ergonomics. The Committee notes that national legislation sets out a number of requirements regarding the installation, use, maintenance and safeguard of machinery and equipment, including personal protective equipment. In particular, according to section 24 of the OSH Law, the employer can provide the employees with work equipment and means and equipment for personal protection at work, only if they comply with the prescribed technical requirements. The Committee also notes that the Rulebook on occupational safety in agriculture prescribes special measures and norms of protection for machines, means and devices used in the performance of agricultural works. Furthermore, it takes note that the Rulebook on the procedure of inspection and verification of work equipment and testing of working environment, the Rulebook on Preventative Measures for Safety and Health at Work when using Personal Protection Means and Equipment and the Rulebook on preventive measures for safe work while using work equipment provide relevant requirements. The Government further indicates that safety and ergonomics of machinery are also ensured through the application of the Rulebook on safety of machines. The Committee recalls that under its comments on the application of the Guarding of Machinery Convention, 1963 (No. 119), it noted that the Rulebook on Machinery Safety does not apply to agricultural and forestry tractors (section 3(5)(1)), motor vehicles and their trailers (section 3(5)(2)) and means of transport on rail networks (section 3(5)(5)), with the exception of machinery mounted on these vehicles. The Committee requests the Government to provide information on the measures taken to ensure that manufacturers, importers and suppliers comply with the standards set out in Article 9(1) and provide adequate and appropriate information in Serbian.

Article 10(a). Use of agricultural machinery and equipment only for work for which they are designed. The Committee requests the Government to provide information on legislative or other provision containing the prohibition to use the agricultural machinery and equipment for human transportation, unless specifically designed to do so.

Article 12(b). Sound management of chemicals. Appropriate system for the importation, classification, packaging and labelling of chemicals, and adequate information. The Committee notes that the Rulebook on types of packaging for pesticides and fertilizers and on the destruction of pesticides and fertilizers sets relevant obligations for manufactures of pesticides and fertilizers and the Rulebook on trade, import and sampling of pesticides sets the obligation of the producer to perform quality control of pesticides. The Committee requests the Government to provide more information on how the national legislation gives effect to Article 12(b) of the Convention.

Article 12(c). Suitable system for the safe collection, recycling and disposal of chemical waste. The Committee notes that the Government does not indicate how national legislation ensures that there is a suitable system for the safe collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals used in agriculture so as to avoid their use for other purposes and to eliminate or minimize the risks to safety and health and to the environment. The Committee requests the Government to take all necessary steps to give effect to Article 12(c) of the Convention and to provide information in this regard.

Article 16. Young workers and hazardous work. The Committee notes the Regulation on determining hazardous work for children No. 53/2017 which sets out the hazardous types of work prohibited to children under 18 years of age. It notes that certain agricultural activities are classified as hazardous, including service activities in growing crops and plantations, ancillary activities in animal husbandry, forestry service activities, and animal breeding. The Committee requests the Government to refer to the comments of the Committee on the application of Article (4)(1) (on the determination of hazardous types of work) of the Worst Forms of Child Labour Convention, 1999 (No. 182), on the application in practice of Regulation No. 53/2017.

Article 17. Temporary and seasonal workers. The Committee notes that, according to the Law on Simplified Employment in Seasonal Jobs in Certain Activities, the employer is obliged to apply generally recognized measures that ensure the safety and health of seasonal workers but is not obliged to undertake a risk assessment. It notes that according to section 12 of the OSH Law, a risk assessment refers to the written description of the work process with an assessment of the risk of injuries and/or damage to health in the workplace and measures to eliminate or reduce risk in order to improve safety and health at work. The Committee requests the Government to provide further information on measures taken to ensure that temporary and seasonal workers receive the same safety and health protection as that accorded to comparable permanent workers in agriculture, including information on risk assessments for temporary and seasonal workers

Article 18.OSH measures for women workers in agricultural undertakings. The Government indicates that the OSH Law, the Labour Law and the Rulebook on measures for safe and health work of women employed during pregnancy include provisions that ensure that the special needs of women workers are taken into account in relation to pregnancy and breastfeeding. The Committee recalls that, according to this Article of the Convention, measures shall be taken to ensure that the special needs of women agricultural workers are taken into account also in relation to their reproductive health. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that the special needs of women agricultural workers are taken into account, specifically in relation to reproductive health.

Article 19. Welfare and accommodation facilities. The Committee notes that the Labour Law provides for the reimbursement of expenses related to welfare facilities. Furthermore, the Rulebook on Preventative Measures for Safe and Healthy Work at the Workplace stipulates that the employees must be provided with adequate facilities for personal hygiene as well as for storing and keeping of personal clothes and belongings. The Committee notes an absence of information with regards to the prescription of minimum accommodation standards for workers who are required by the nature of the work to live temporarily or permanently in the undertaking. The Committee requests the Government to indicate the legislation or regulations adopted which prescribe the minimum accommodation standards for workers who are required by the nature of the work to live temporarily or permanently in the undertaking.

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

Articles 10, 11, 12 and 13 of the Convention. Prohibitions against the use of asbestos, and notification of certain types of work involving exposure to asbestos. The Committee notes with interest that the Regulation on prohibitions and restrictions of production, placing on the market and use of chemicals (Official Gazette Nos 90/13 and 25/15) provides that the production, distribution and use of asbestos fibres and products containing them are prohibited, and the Government’s indication that safer alternatives to asbestos-containing products are now used. The Committee also notes the Government’s indication, in reply to its previous request, that the production, placing on the market and use of crocidolite and products containing this fibre are prohibited by that Regulation, and that that Regulation does not specifically govern the spraying as a method of use of asbestos because of the prohibition of all manners of use. The Committee also notes the Government’s indication, in reply to its previous request, on the requirement to notify the labour inspectorate of certain types of work involving exposure to asbestos, pursuant to section 9 of the Regulation on preventive measures for occupational safety and health when exposed to asbestos (Nos 21/09 and 108/05).

Articles 3, 4, 14, 16, 17, 18, 19, and 22(1)–(2). National laws or regulations prescribing measures for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos. Adequate labelling. Responsibilities concerning demolition work, work clothing and disposal of waste, and information and education. The Committee notes with interest the coming into force, since the Committee’s last comment, of several laws and regulations giving effect to these provisions of the Convention. In this regard, the Committee notes the measures prescribed by the Regulations on preventive measures for occupational safety and health when exposed to asbestos, which provide for a number of measures to be taken by employers to prevent or control exposure to asbestos. It also notes the labelling and classification requirements in the Law on chemicals (as amended in 2015) and the implementing regulations on the subject, in accordance with the Globally Harmonized System of Classification and Labelling. Moreover, it notes the requirements in the abovementioned Regulations on preventive measures for occupational safety and health when exposed to asbestos, concerning demolition work, work clothing, disposal of waste, as well as information and education.

Article 6(3). Procedures for dealing with emergency situations. The Committee notes that section 13(6) of the Regulations on preventive measures for occupational safety and health when exposed to asbestos provides for the obligation of employers to train and inform workers about the procedures in emergency situations relating to asbestos. However, the Regulations do not establish the duty of employers to prepare, in cooperation with the occupational safety and health services, and after consultation with the workers’ representatives concerned, procedures for dealing with emergency situations. The Committee requests the Government to provide further information on the measures taken to ensure that procedures for dealing with emergency situations with regard to asbestos are prepared, and to specify measures ensuring that such procedures are prepared after consultation with the workers’ representatives.

Article 7. Duty of workers to comply with prescribed health and safety measures. The Committee notes the information provided by the Government in response to its request concerning the requirement of workers to comply with safety and health measures under the Occupational Safety and Health Law (No. 101/05).

Article 15(1)–(3). Limits for the exposure of workers to asbestos. The Committee notes the information provided by the Government, in response to its previous request, that exposure limits of asbestos are now provided for in the Regulations on preventive measures for safe and healthy work when exposed to asbestos, which also provide for the obligation of employers to ensure that in all workplaces where workers are exposed to asbestos, employers take all appropriate measures to prevent, or control, the release of asbestos dust into the air, and that employers comply with the prescribed exposure limits. The Committee further notes that the periodical review of exposure limits is undertaken through the alignment of the country’s regulations with that of the European Union. In fact, the Government indicates that section 4(1) of the Regulations on preventive measures for safe and healthy work when exposed to asbestos (issued in 2009 and modified three times since then) now prescribes the maximum asbestos exposure as 0.1 asbestos fibre in 1 cm3 of air during an eight-hour work day, in line with European Union Directive 2009/148/EC on the protection of workers from risks related to exposure to asbestos at the workplace.

Article 20(2)–(4). Keeping of records on the monitoring of the working environment and of the exposure of workers, providing workers and their representatives access to these records, and the right to request such monitoring. The Committee notes the additional information provided by the Government concerning the requirement of employers to keep records of tests on the work environment, including the period of such record-keeping, and the right of workers and their representatives, as well as labour inspectors, to access these records. The Committee also notes the Government’s reference to section 46(2) of the Occupational Safety and Health Law, pursuant to which the Occupational Safety and Health Committee has the right to require employers to take appropriate measures to eliminate or reduce risks that threaten the safety and health of workers. The Committee requests the Government to specify whether workers or their representatives have the right to request the monitoring of the working environment and to appeal relevant results of such monitoring, in accordance with Article 20(4) of the Convention.

Article 21. Medical examinations after termination of employment and maintenance of income for workers whose health is at risk. The Committee notes the additional information provided by the Government, in reply to its previous request, including the reference to the legal provisions providing for: (i) the information of workers on the results of their medical examinations, and the advice to be provided to workers after such examinations regarding protective measures concerning their health; (ii) the requirement to undertake medical examinations, including after the termination of employment, of workers exposed to asbestos, upon the recommendations of occupational health services; and (iii) the requirement to transfer workers from work advised to be medically inadvisable, so as to maintain their income.

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

The Committee notes the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS), received on 18 November 2014. The Committee also notes the information provided by the Government in reply to its previous requests concerning Articles 3, 4, 8, 13 and 14.

Article 1(2) of the Convention. Application to manually powered machines. The Committee notes that, pursuant to section 4(1)(1) of the Rulebook on Machinery Safety (No. 13/2010), the definition of the term machinery used in the Rulebook does not include manually powered equipment. It recalls that Article 1(2) of the Convention provides that the competent authority shall determine whether and how far machinery operated by manual power shall be considered as machinery for the purpose of the application of the Convention, after consultation with the most representative organizations of employers and workers concerned. The Committee requests the Government to provide information on the consultations undertaken with the most representative organizations of employers and workers concerned, with regard to the decision to exclude manually powered machines from the application of the legislation giving effect to the Convention.

Article 1(3). Application of the provisions of the Convention to road and rail vehicles and to mobile agricultural machinery. The Committee notes that the Rulebook on Machinery Safety does not apply to agricultural and forestry tractors (section 3(5)(1)), motor vehicles and their trailers (section 3(5)(2)), and means of transport on rail networks (section 3(5)(5)), with the exception of machinery mounted on these vehicles. The Committee recalls that, according to Article 1(3) of the Convention, 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 information on measures taken to ensure the effective application 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).

Article 2. Obligations related to the sale, hire, transfer in any other manner, and exhibition of machinery of which the dangerous parts are without appropriate guards. The Committee notes that section 5 of the Rulebook on Machinery Safety provides that prior to placing a machine on the market, a manufacturer shall ensure that the machine meets the essential requirements for health and safety referred to in Appendix 1 of the Rulebook. Section 1.3.7 of Appendix 1 of the Rulebook provides that the moving parts of machinery must be designed and constructed in such a way as to prevent risk of contact which could lead to accidents or must, where risk persist, be fitted with guards or protective devices. Sections 1.3.8 and 1.4 outline the requirements of such guards.

With respect to the sale of machinery, the Government indicates that the Rulebook applies to all new machines placed on the market, including new machines and used machines placed on the Serbian market and/or put in use for the first time. With respect to hire or transfer, the Government indicates that the Rulebook applies to newly leased machines, from the conclusion of the first lease or service contract of the machine in the country. However, the Government indicates that special regulations shall apply to the lease or service of used machinery. The Committee also notes the statement of the CATUS that there is machinery that enters the Serbian market through unmonitored channels that are old and worn out, which may not meet the required standards. The Committee requests the Government to provide information on the special regulations applicable to the hire or transfer of used machinery. It also requests the Government to provide information on the measures taken to ensure the application in practice of the Rulebook on Machinery Safety to used machinery entering the national market.

Article 16. Consultation with the most representative organizations of employers and workers. The Committee requests the Government to provide information on the consultations undertaken with the most representative organizations of employers and workers concerning the measures taken to give effect to the Convention.

Application in practice. The Committee notes the Government’s indication that the labour inspectorate supervises the implementation of the national occupational safety and health legislation, including the Rulebook on Machinery Safety. The Government indicates that inspections have established that most employers do not have the appropriate documentation relating to work equipment, which causes difficulties in use and maintenance of work equipment. Some employers use very old work equipment, made by manufacturers that no longer exist, and the equipment often does not have the appropriate documentation. Noting the information provided by the Government concerning the deficiencies identified related to work equipment in general, the Committee requests the Government to provide information specifically on the application of the Rulebook of Machinery Safety with respect to the guarding of machinery.

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

The Committee notes the information provided by the Government in response to its previous request concerning Articles 3(b), (c) and (e) and 13 of the Convention.

Articles 4(1) and 5(a)–(f). National policy and main spheres of action. The Committee notes the comprehensive information provided by the Government, including on the functioning of the Council of Safety and Health at Work and on the Economic and Social Council of the Republic of Serbia. Noting in particular that the new Strategy for Safety and Health at Work in the Republic of Serbia for the period from 2013 to 2017 has been adopted, the Committee requests the Government to provide information on the results obtained, including on legal and institutional initiatives taken to address each of the main spheres of action referred to under Article 5 of the Convention.

Article 7. Overall review of the situation regarding occupational safety and health or review relating to specific areas. The Committee notes that the annual reports of the Directorate of Occupational Safety and Health and the Labour Inspectorate are considered by the Council of Safety and Health at Work to determine which issues concerning safety and health at work will be included in the workplan of the Government, and that they serve as a starting point for determining the general and specific objectives for a certain strategic period. It also notes that, according to the Government, a significant problem persists with regard to the implementation of risk assessments acts at the undertaking level, which constitute a basis for the implementation of occupational safety and health (OSH) measures. The Government also indicates that, in spite of this, the level of implementation of preventive measures has improved. The Committee requests the Government to continue to provide information on the major problems identified regarding OSH and the working environment; the methods proposed to deal with them; the priorities for action; and the evaluation of the results.

Article 11(a)–(f). Functions to give progressive effect to the national policy. The Committee notes that according to the Government’s report, the implementation of this Article of the Convention is enabled through sections 61–68 of the Law on Health and Safety at Work, and sections 268–272 of the Labour Law. The Committee notes that these sections refer to labour inspection and do not seem to be related to the functions provided for in Article 11 of the Convention. The Committee requests the Government to expose the means by which it implements each paragraph of this Article of the Convention including with reference to the establishment and application of procedures for the notification of occupational accidents and diseases by employers and others concerned, and the production of annual statistics pursuant to Article 11(c) of the Convention.

Article 15(1). Coordination between various authorities and bodies. Coherence. The Committee notes the information provided by the Government that, with a view to implementing Article 15 of the Convention, and in order to ensure full application of Parts II and III of the Convention, the Economic and Social Council of the Republic of Serbia held a total of 17 meetings from 2009 to June 2014. The Committee also notes the information that the Council of Safety and Health at Work held 13 sessions in the same period. The Committee requests the Government to indicate the manner in which it ensures appropriate coordination between the Economic and Social Council and the Council of Safety and Health at Work, as well as between these two bodies and other authorities (i.e. Ministry of Health, environmental authorities, etc.) responsible for giving effect to the Convention at the national level, with a view to ensuring the coherence of the policy referred to in Article 4 of this Convention.

Application in practice. With reference to its previous comments, the Committee notes the information provided by the Government in reply to the previous observations of the Confederation of Autonomous Trade Unions of Serbia. In this respect, it notes that the Government provides detailed information on the application of the Convention in practice, including on risk assessment, training in OSH, the need for OSH specialists at the level of the undertaking, statistics related to labour inspection and the measures taken by the Government to improve compliance. The Committee requests the Government to continue to provide information on the application of the Convention in practice.

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

The Committee notes the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS), submitted with the Government’s report.

The Committee also notes the information provided by the Government concerning the Committee’s previous requests on the effect given to Article 1(a) and (b) (adaptation of work to the capabilities of workers, and the definition of workers’ representatives), 7, 8, 9 (organization and conditions of operation for occupational health services) and 14 (informing occupational health services of any known factors which my affect the workers’ health), of the Convention.

Article 2. Formulation, implementation and periodical review of a coherent national policy, in consultation with the most representative organizations of employers and workers. With reference to its comments under the Occupational Safety and Health Convention, 1981 (No. 155), the Committee notes that one of the objectives of the Strategy for Safety and Health at Work for 2013–17 (the OSH Strategy) is to enhance the role of occupational health services in the system of occupational safety and health. The Committee notes in this regard that the measures identified for achieving this objective include further harmonization with the principles of the present Convention and collaboration between the Ministry of Health and the Ministry of Labour in this respect. The OSH Strategy outlines several steps to be taken to address problems with the functioning of the occupational health services, including: providing clear legislation for occupational health services; establishing the Government’s obligation to provide the conditions and standards for the organization and operation of occupational health services, as well as criteria of competence and delivery methods; requiring employers to hire occupational medicine services; determining the position of occupational medicine in the national health system; ensuring that occupational health services cover the needs of those sectors of the economy that are most at risk; developing a plan to address the lack of trained specialists in occupational medicine; and ensuring that occupational health services are included in the system of information and data collection in the field of safety and health at work. The Committee considers that the OSH Strategy contains elements of a national policy on occupational health services but does not fully give effect to the requirements of Article 2 of the Convention. In this respect, it draws the attention of the Government to the guidance provided in Paragraph 1 of the Occupational Safety and Health Services Recommendation, 1985 (No. 171), under which a coherent national policy on occupational health services should include general principles governing their functions, organization and operation. Accordingly, the Committee requests the Government to provide further information on the formulation and periodic review of the national policy on occupational health services, including as regards their organization and operation; and on the manner in which consultation with the most representative organizations of employers and workers is undertaken in this regard. It also requests the Government to provide further details on the concrete measures taken in the context of the implementation of the OSH Strategy with respect to occupational health services.

Articles 3(1) and 5. Functions of the occupational health service, progressive development of occupational health services for all workers. Application in practice. The Committee notes the Government’s statement that, pursuant to section 41 of the Law on Safety and Health at Work of 2005, an employer shall hire an occupational health service for carrying out employees’ health care at work. Section 41 of the Law also states that occupational health services shall be liable to perform a variety of functions including: participating in risk assessments; informing employees about the health risks associated with their work; providing training to staff in first aid; determining and examining causes of occupational diseases; evaluating the required state of health for the performance of tasks with an increased risk; carrying out preliminary and periodic medical examinations of employees in workplaces with high risk; and providing advice to the employer. Pursuant to section 13 of the Law on Safety and Health at Work, employers have to adopt a risk assessment of the workplace, and pursuant to section 16, employers must, on the basis of the risk assessment and the evaluation from the occupational health service, determine the specific health conditions for the performance of particular operations at the workplace or use of particular equipment.

In this regard, the Government indicates that a main problem with the implementation of the Convention is that an employer is only obligated to hire the occupational health service for preliminary and periodic medical examinations of employees performing high-risk tasks, and determining the state of health that must be met to work in workplaces with high risk. The Government indicates that while a considerable number of employers have made a risk assessment, as required by the Law on Safety and Health at Work, there is a relatively small number of employers who have been assessed to have an increased risk in their working environment. Specifically, the Government indicates that employers do not act in accordance with section 16 of the Law on Safety and Health at Work as they do not determine the specific conditions to be met by employees concerning the performance of particular operations or use of equipment. The Government indicates that this is partially due to an inadequate approach by persons undertaking the risk assessments, as these assessments are undertaken without direct observations, and without consulting previous examinations of work equipment and the working environment. In this connection, the Committee notes the statement of CATUS that some employers do not undertake risk assessments of the workplace, as required under section 16 of the Law on Safety and Health at Work, and that the risks assessments should be conducted by qualified professionals.

The Committee observes that several of the functions of the occupational safety and health services are, under the Law on Safety and Health at Work, limited to employees in workplaces with high risk, and notes the indications of both the Government and CATUS that there are problems with respect to the undertaking of risk assessments and the determination of workplaces as high risk. The Committee accordingly recalls that pursuant to Article 3(1), occupational health services shall be developed progressively for all workers in all branches of economic activity and all undertakings, and that occupational health services, with essentially preventive functions, should include the provision not only of medical surveillance and the identification and assessment of risks, but also the broad spectrum of other functions listed in Article 5. With reference to the functions of occupational health services outlined in Article 5 of the Convention, the Committee requests the Government to strengthen its efforts to ensure that occupational health services perform functions that are adequate and appropriate to the occupational risks of the undertaking. It also requests the Government to take measures to strengthen the identification and assessment of risks in the workplace, and to provide information on steps taken in that regard. In addition, the Committee requests the Government to provide information on the measures taken with respect to the progressive development of occupational health services for all workers in all branches of economic activity and undertakings, including for workers not working in workplaces assessed to be high-risk. It further requests the Government to continue to provide information on the application of the Convention in practice, including difficulties encountered in implementing the Convention.

Article 15. Informing occupational health services of ill health among workers and absence from work for health reasons. The Committee requests the Government to provide 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.

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

The Committee notes the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS) communicated with the Government’s report.

The Committee also notes the information provided by the Government in reply to its previous request concerning the measures giving effect to the following provisions of the Convention: Article 7 on the duty for employers and self-employed persons to comply with prescribed safety and health measures; Article 8(2) on the obligation of employers undertaking activities simultaneously to collaborate; Article 22 on structural frames and formwork; Article 25 on lighting; Article 28(2)(a) and (4) on preventive measures for chemical, physical and biological hazards; and Article 29 on fire precautions. The Committee requests the Government to continue to provide information in this respect, particularly on the application of these Articles of the Convention in practice.

Article 3 of the Convention. Consultation of employers’ and workers’ organizations. In relation to its previous comments, the Committee notes that the Government’s report does not provide relevant information regarding the manner in which the most representative organizations of employers and workers concerned are consulted on the measures to be taken to give effect, in law and in practice, to the provisions of the Convention. The Committee requests again the Government to provide detailed information on the procedures of consultation in place giving effect to this Article of the Convention.

Article 4. Assessment of safety and health hazards with a view to adopting and maintaining in force laws and regulations. The Committee notes the Government’s reference to section 13 of the Occupational Safety and Health Law (OSH Law) and section 8 of the Decree on occupational safety and health in temporary or mobile construction sites (Decree on OSH in temporary or mobile construction sites) pursuant to which employers must draft a document containing safety measures on the basis of an assessment of risks in the workplace. The Committee recalls that measures to give effect to Article 4 of the Convention must be taken at the national level by the competent authorities so as to adopt and maintain in force laws and regulations on the basis of an assessment of the safety and health hazards. The Committee requests the Government to indicate the manner in which it ensures that safety and health laws and regulations are adopted and maintained in force on the basis of an assessment of occupational risks, as required by this Article of the Convention and to provide information on its implementation in practice.

Article 15(2). Lifting appliances. Raising, lowering or carrying persons in appliances constructed, installed and used for that purpose. The Committee notes from the Government’s report that pursuant to section 6 of the Rulebook on preventive measures in occupational safety and health for the use of work equipment (No. 123/2012) and section 3.2.4 on the additional requirements for certain categories for work equipment, workers shall be raised or carried by appropriate lifting appliances so as to prevent any risks of falling or of accidental contact with other work equipment. The Committee requests the Government to indicate how it is ensured that lifting appliances and gear are of good design and construction, sound material and adequate strength, are properly installed and maintained in good order and are operated by workers who have received appropriate training, as required by Article 15(1)(a), (b), (c) and (e) of the Convention. It also requests the Government to provide the text of section 3.2.4 on the additional requirements of the Rulebook and of any other provisions giving effect to this Article of the Convention.

Article 16. Transport, earth-moving and materials-handling equipment. The Committee notes that, as in the previous report, the information provided by the Government only concerns the application of Article 16(1)(d). Therefore, the Committee requests again the Government to indicate how it ensures that effect is given, in law and in practice, to Article 16(1), paragraphs (a) to (c), and Article 16(2) of the Convention.

Article 19. Excavations, shafts, earthworks, underground works and tunnels. The Committee notes the Government’s general reference to the Rulebook on occupational protection in construction works (No. 53/97) and the Decree on OSH in temporary or mobile construction sites, regarding safety and health measures in excavations, shafts, earthworks and underground works. However, the Committee notes that the Government does not provide information as to the manner in which these texts give effect to Article 19 of the Convention. Therefore, the Committee again requests the Government to provide full information on measures taken to ensure that effect is given to all the requirements of this Article of the Convention both in law and in practice.

Article 21(2). Work in compressed air. Supervision of the operations by a competent person. In the absence of information on this point, the Committee requests again the Government to indicate the provisions which lay down that work in compressed air shall be carried out only when a competent person is present to supervise the conduct of operations, as required by Article 21(2).

Article 23. Work over water. Article 24. Demolition. Article 27. Explosives. In the absence of information on these points, the Committee requests again the Government to provide information on measures taken to give effect to these Articles, both in law and in practice.

Article 30(1) and (3). Provision of personal equipment and protective clothing. The Committee notes the Government’s indication that pursuant to sections 5(1) and 10 of the Rulebook on preventive measures on the safety and health of workers using personal protective equipment (No. 92/08), employers shall provide individual protective equipment to workers at no cost to the workers and such equipment shall meet specific ergonomic standards. The Committee requests the Government to indicate the manner in which it is ensured in practice that workers are provided with personal protective equipment.

Article 32. Welfare. In the absence of relevant information in the Government’s report in this regard, the Committee requests the Government to provide information concerning measures taken to ensure that drinking water and facilities are provided to workers, in accordance with the provisions of Article 32.

Application in practice. The Committee notes that the Government’s report does not contain any information on the application of the Convention in practice. It further notes the observations of CATUS which emphasize the need to further align the national OSH legislation with UN, ILO and EU standards, to enhance education and training of all stakeholders and to increase state supervision. CATUS underlines that accidents in the construction sector are frequent and that the informal economy is widespread, as many contractors operate unregistered or employ undeclared workers. It also points to the absence of individual protective equipment and a lack of medical supervision for unregistered workers, and the absence of examination and testing of machinery. CATUS also refers to the observations of the Trade Union of Construction and Building Material Industry of Serbia, according to which a certain number of employers fail to provide safety instructions and training to their workers, to refer their workers to medical examinations and to comply with their reporting obligations to the Labour Inspectorate. The Committee requests the Government to provide its comments in respect of the observations made by CATUS. It also requests the Government to provide detailed information on the measures taken to effectively ensure the safety and health of all workers engaged in construction, including undeclared workers or those operating in the informal economy. The Committee further requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, including information on the number of workers covered by the relevant legislation, the activities of labour inspection services and the number and causes of occupational accidents and cases of occupational disease reported in the construction sector.

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

Legislation. Noting the adoption in 2009 of the Rulebook on preventive safety and health measures concerning exposure to chemical agents at the workplace, the Committee requests the Government to supply a copy of the text and to provide information on any other legal or regulatory texts adopted which would give effect to the provisions of the Convention.

Article 2(1) and (2), of the Convention. Regulating the use of white lead, sulphate of lead and all products containing these pigments in artistic painting or fine lining. With reference to its previous comment, the Committee notes that the Government’s report contains no information on measures taken with a view to regulating the use of white lead, sulphate of lead and all products containing these pigments in artistic painting or fine lining. Recalling that Article 2(2) of the Convention provides that the use of such substances and products for the purpose of artistic painting and fine lining must be regulated, in conformity with Articles 5, 6 and 7 of the Convention, the Committee once again requests the Government to take all necessary measures to define the limits of artistic painting and fine lining and to regulate the use of white lead, sulphate of lead, and all products containing these pigments in relation to these activities.

Article 3. Prohibition of the employment of workers under 18 years of age and of all female workers. The Committee notes that the Government refers to section 84 of the Labour Code which generally prohibits workers under 18 years of age from engaging in work which would entail exposure to toxic or carcinogenic substances. The Government adds that under section 6 of the Law on Safety and Health at Work, the special rights, obligations and measures concerning the safety and health of young and female workers are governed by this Law as well as by other regulations, collective agreements and employer’s decisions. However, the Committee notes that the Government does not specify the provisions which explicitly prohibit the employment of workers under 18 years of age and of all female workers in painting work involving the use of white lead. The Committee therefore requests the Government to provide further information on the measures taken or envisaged to ensure that the employment of workers under 18 years of age and of all female workers in industrial painting work involving exposure to white lead or sulphate of lead or other products containing these pigments is expressly prohibited. The Committee also requests the Government to indicate whether the employment of painters’ apprentices is permitted under the relevant legislation, as envisaged by Article 3, paragraph 2 of the Convention.

Article 5, Part I(a) and Part III. Regulating the use of white lead, sulphate of lead and of all products containing these pigments. While noting the Government’s reference to the provisions of the abovementioned Rulebook regarding the health surveillance of workers exposed to hazardous chemical agents, the Committee notes that the Government’s report contains no information regarding the effect given to Article 5, Part I(a) and Part III of the Convention. Therefore, the Committee once again requests the Government to provide information on:

• (a) any regulations adopted to prohibit the use of white lead, sulphate of lead and other products containing these pigments in painting operations, except in the form of paste or of paint ready for use (Article 5, Part I(a));
• (b) any measures taken for the notification of cases of lead poisoning and of suspected lead poisoning and for the medical examination of workers (Article 5, Part III).

Article 7. Statistics as to morbidity and mortality with regard to lead poisoning. Application in practice. In the absence of information in this regard in the Government’s report, the Committee requests the Government to describe the procedures established for the collection and compilation of statistics on morbidity and mortality due to lead poisoning among working painters, and to provide updated statistical data thereon. It also requests the Government to give a general appreciation of the manner in which the Convention is applied in practice, including information on the number of workers covered by the relevant legislation, inspection visits conducted, the number and nature of the contraventions reported and sanctions imposed.

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

The Committee notes the observations made by the Confederation of Autonomous Trade Unions of Serbia (CATUS) communicated with the Government’s report.

The Committee notes the information provided by the Government on the effect given to Articles 2(1) and (2) and 4 of the Convention.

Legislation. The Committee notes the Government’s indication that numerous legislative instruments relating to the application of the Convention were adopted during the reporting period, including the Rulebook on Preventive Measures for Safe and Healthy Work related to Exposure to Carcinogens or Mutagens (No. 96/11), which gives effect to Articles 2 and 4 of the Convention, and the Rulebook on Preventive Measures for Safe and Healthy Work related to Exposure to Chemical Substances (No. 106/09). The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Article 1. Prohibition of exposure to carcinogenic substances and agents at work. The Committee notes the Government’s indication that the restrictions and bans contained in the Rulebook on Limitations and Restrictions of Production, Placing on the Market and Use of Chemicals (No. 90/2013) relate to certain dangerous substances, mixtures or products listed in part 1 of Appendix I. However, the Committee notes that a copy of the abovementioned Rulebook was not submitted and is therefore unable to evaluate the effect given to this Article of the Convention. The Committee requests the Government to submit a copy of the abovementioned Rulebook and its annexes and to provide information on how the list of prohibited substances and carcinogenic agents is periodically established.

Article 5. Medical examinations during the period of employment and thereafter. The Committee notes the Government’s indication that no regulations or by-laws provide for the provision of medical examinations upon termination of employment and thereafter. The Committee once again reiterates that the need to provide workers with medical examinations after they have ceased their employment is important and is due to the fact that the occupational origin of cancer is often difficult to demonstrate, as there is no difference between occupational cancer and other non-occupational forms from the clinical and pathological points of view, and to the fact that the development of cancer is generally very slow, with latency periods stretching over anything from ten to 30 years or more. In this regard, the Committee notes the observations of the CATUS according to which the number of cases of cancer in Serbia is alarming, with a report of the Institute of Public Health of Serbia (BATUT) placing the number of deaths at more than 20,000 annually and the number of diagnoses at more than 30,000 annually. The Committee therefore once again urges the Government to take measures to ensure that workers are provided with such medical examinations or biological or other tests or investigations as are necessary to evaluate their state of health in relation to occupational hazards not only during the period of employment but also thereafter.

Application in practice. The Committee notes the information provided by the Government according to which labour inspectors supervising employers involved in the wood processing business established that the majority of workers were exposed or likely to be exposed to hardwood dust, a carcinogenic substance, in their workplaces and that none of the employers had performed assessments of the risks to workers’ health or had provided health monitoring. The removal of deficiencies and irregularities, especially those related to preventive measures against worker exposure to hardwood dust, was imposed following the conclusion of the inspections. The Committee also notes the Government’s indication that all of Belgrade’s labour inspection sections, departments and groups will supervise economic sectors involving potential exposure to carcinogens and mutagens to obtain a realistic account of the implementation of the Rulebook on Preventive Measures for Safe and Healthy Work related to Exposure to Carcinogens or Mutagens. The Committee requests the Government to provide further information on the measures taken or envisaged to address the abovementioned issue in the wood processing sector. It also requests the Government to give a general appreciation of the manner in which the Convention is applied in all economic sectors and all regions of the country and, where such statistics exist, information on the number of workers covered by the relevant legislation, the number and nature of the contraventions reported, and the number, nature and cause of cases of diseases reported, etc.

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

The Committee notes the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS) communicated with the Government’s report.

Legislation. The Committee notes the adoption of the Rulebook on preventive measures relating to safety and health in workplaces involving exposure to chemical agents and the Rulebook on preventive measures relating to safety and health in workplaces involving exposure to carcinogens and mutagens. The Committee requests the Government to provide a copy of these texts.

Article 11(1) of the Convention. Prohibition of the employment of pregnant women and nursing mothers in work processes involving exposure to benzene. The Committee notes, from the Government’s report, that the Labour Law prohibits the employment of pregnant workers or workers who have recently given birth in jobs which could have harmful effects on their health and that of their child (section 89). The Committee requests the Government to provide further information on the manner in which it ensures, in law and in practice, that the employment of pregnant women and nursing mothers in work processes involving exposure to benzene is prohibited, as required by this Article of the Convention.

Application in practice. The Committee takes note of the information provided by the Government on the activities of the Labour Inspectorate, the deficiencies and irregularities identified and the measures taken to address them. The Committee also notes that according to its work plan for 2014, the Labour Inspectorate intended to focus on the supervision of industries involving potential exposure to carcinogenic and mutagenic agents so as to evaluate progress made in the implementation of the relevant legislation. It further notes that a number of initiatives were launched in the context of the project, “Improving safety and health at work in Serbia”, including in the textile, leather and footwear industry, to provide training to employers and workers and raise awareness on safety and health issues. In addition, the Committee takes note of the observations made by CATUS in which it points to the absence of supervision in the informal economy which poses a risk to the safety and health of workers and the public, as well as a threat to the environment. CATUS calls for the modernization and upgrading of installations where hazardous substances are handled in light of updated technical standards. The Committee requests the Government to provide its comments in respect of the observations made by CATUS. It also requests the Government to continue to provide information on the application of the Convention in practice, including relevant 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, and the number, nature and cause of cases of occupational disease reported.

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

The Committee notes the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS) communicated with the Government’s report.

The Committee notes the information provided by the Government in reply to its previous comment regarding the effect given to Article 11(3) and (4) of the Convention.

Legislation. The Committee notes the reference in the Government’s report to a number of legislative and regulatory texts, recently adopted, including the Law on Air Protection (Official Gazette Nos 36/09 and 10/13) and Rulebooks which provide for preventive and protective measures against occupational risks due to noise, vibration and exposure to chemical agents. The Committee requests the Government to specify the relevant provisions of the Law on Air Protection regarding the application of the Convention.

Article 3 of the Convention. Definitions. Noting the absence of the Government’s reply on this point, the Committee requests the Government to indicate the relevant provisions under which the terms “air pollution” and “vibration” are defined.

Article 4(1) and (2) and Article 8. Measures for prevention, control of, and protection against, occupational hazards. The Committee notes the detailed information provided by the Government on criteria established, under the relevant rulebooks, for determining the hazards of exposure to noise, vibration and chemical agents and on the exposure limits set out in relation to these hazards. The Committee wishes to draw the Government’s attention to the fact that the term “air pollution”, as defined in Article 3(c) of the Convention, covers a broad range of potential sources of air contamination, including but not limited to chemicals. Therefore, the Committee requests the Government to provide information on any measures taken to prevent, control, and protect against occupational hazards due to air pollution caused by sources of contamination other than chemical agents, and on the criteria and exposure limits prescribed in this respect.

The Committee also requests the Government to indicate how the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned was taken into account in the elaboration of criteria and exposure limits, as required by Article 8(2) of the Convention; and to specify how the regular revision of these criteria and exposure limits is carried out in light of the current national and international knowledge and data, as prescribed in Article 8(3) of the Convention.

Further noting from the Government’s report that the provisions of the Rulebook on preventive measures relating to safety and health in workplaces involving exposure to vibration do not apply to marine and air transport, the Committee requests the Government to specify the national law or regulations prescribing measures for the prevention, control and protection against hazards due to vibration in relation to marine and air transport.

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards. Noting that the Government’s report contains no information on this point, the Committee once again requests the Government to indicate whether the use of processes, substances, machinery and equipment, specified by the competent authority, involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, shall be notified to the competent authority, and whether the competent authority, as appropriate, may authorize the use on prescribed conditions, or prohibit it.

Application in practice. The Committee notes that the Government’s report contains no information on the application of the Convention in practice. Therefore, the Committee requests again the Government to give a general appreciation of the manner in which the Convention is applied in the country, including 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 reported.

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

The Committee notes the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS) communicated with the Government’s report.

Article 2(3) of the Convention. Ratification of relevant Occupational Safety and Health Conventions of the ILO. The Committee takes note of the Government’s indication that, in 2016, the Serbian Assembly will consider the ratification of the Safety and Health in Agriculture Convention, 2001 (No. 184), and that the legislative process will include consultations with the social partners in the framework of the Social and Economic Council. The Committee requests the Government to continue to provide information on progress made towards the ratification of Convention No. 184 and to indicate the manner in which the possibility of ratifying other relevant occupational safety and health (OSH) instruments of the ILO, including the Protocol of 2002 to the Occupational Safety and Health Convention, 1981 (No. 155), is periodically considered in consultation with the most representative organizations of employers and workers.

Article 4(2)(d). Cooperation between management, workers and their representatives. Further to its previous comment, the Committee notes from the Government’s report that sections 44–48 of the Occupational Safety and Health Law on the establishment of OSH Boards at the level of the undertaking apply to all enterprises, irrespective of their size. It further notes the Government’s indication that all OSH regulations prescribe that employers and workers must collaborate on OSH matters. The Committee requests the Government to continue to provide information on any measures taken to promote the effective cooperation between management, workers and their representatives at the level of the undertaking.

Article 4(3)(f). Collection and analysis of data on occupational accidents and diseases. Application in practice. The Committee notes the observation of the CATUS according to which work-related injuries and accidents are not all reported due to the importance of the informal economy and the failure of employers to register workers with social insurance authorities and to take responsibility when an accident occurs. CATUS alleges that as a result, injuries sustained by unregistered workers are not made known, except for fatalities which occur predominantly in the construction sector. CATUS adds that statistics on occupational injuries and diseases are not readily available to the public and trade unions. The Committee requests the Government to provide its comments in respect of the observations made by CATUS.

Article 4(3)(h). Micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. In reply to the Committee’s previous request, the Government indicates that under the new Strategy for Safety and Health at Work for 2013–17, provisions are made for the introduction of OiRA and PRO RISK tools in micro-enterprises, SMEs and the informal economy with a view to enhancing workplace risk assessment. It also refers to a number of seminars organized in these undertakings, in cooperation with the social partners, to sensitize employers and workers to OSH matters. Finally, the Government indicates that several guidelines addressing specific OSH issues (such as risk assessment in SMEs or exposure to high temperatures) have been published on the website of the Ministry of Labour. The Committee requests the Government to provide detailed information on progress achieved towards the introduction of risk assessment tools in micro-enterprises, SMEs and the informal economy, including a description of these tools, and on the results obtained. It also requests the Government to give particulars of any other initiatives aimed at progressively improving occupational safety and health in micro-enterprises, SMEs and the informal economy.

Article 5(2)(c). Formulation and review of the national programme on OSH in consultation with the most representative organizations of employers and workers. In reply to the Committee’s previous comment, the Government indicates that following the assessment of the national system on OSH, a report on the realization of the Strategy for Safety and Health at Work for 2009–12 had been prepared by the Serbian Occupational Safety and Health Administration and the Labour Inspectorate, in collaboration with a number of representative organizations of employers and workers and other interested parties. In accordance with the proposals of this report, the Law on Safety and Health at Work was to be amended by the end of 2014. The Government further indicates that the new Strategy for Safety and Health at Work for 2013–17 aims to reduce the number of occupational injuries by 5 per cent by 2017 and sets out a number of objectives, including: harmonizing national laws with EU regulations; promoting occupational safety and health in primary and secondary schools; enhancing training of safety and health professionals; and introducing a single register of occupational injuries. The Committee requests the Government to provide information on any progress achieved in the implementation of the Strategy for Safety and Health at Work for 2013–17 and the results thereof, as well as on any amendments made to the Law on Safety and Health at Work. It also requests the Government to continue to provide information on measures taken to review the national Strategy on the basis of analysis of the national situation regarding OSH, and the results thereof, as well as on any other measures adopted to promote the development of a national preventative safety and health culture.

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

The Committee notes the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS) communicated with the Government’s report.

Article 4(1) and (2)(a) of the Convention. Obligation to establish, maintain, progressively develop and periodically review a national system for occupational safety and health, in consultation with the most representative organizations of employers and workers. Legislation. The Committee refers to its previous comments in which it took note of the observations made by “Nezavishnot” according to which the Act on Amendments and Supplements to the Health Insurance Act had been adopted without prior submission to the Social and Economic Council. In this regard, the Committee notes the observations of CATUS annexed to the Government’s present report, in which it also alleges that important laws on pension and health insurance were adopted without consultation with the social partners or prior consideration by the Social and Economic Council. The Committee further notes that the Government indicates that all the occupational safety and health (OSH) related issues have been reviewed in accordance with Article 4(1) and (2)(a) of the Convention with the exception of section 9 of the abovementioned Act, but that, in fact, this section was found unconstitutional by the Constitutional Court. The Government also states that they shall continue to work towards reviewing and adopting OSH regulations in consultation with the social partners represented in the working groups set up by the Ministry of Labour and in cooperation with the Permanent Working Body for Occupational Safety and Health of the Social and Economic Council. The Committee requests the Government to provide its comments in respect of the observations of CATUS and to supply further information on the steps taken to ensure that laws and regulations on OSH are effectively developed and reviewed in consultation with the most representative organizations of employers and workers.

The Committee is raising other matters in a request addressed directly to the Government.

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

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 comments.

Repetition

Article 2 of the Convention. Definitions. The Committee notes the information provided by the Government indicating the definitions of an employee and an employees’ representative. The Committee asks the Government to provide further information on measures which provide definitions, in law and practice, of the terms in Article 2 of the Convention.

Article 6(3). Procedures for dealing with emergency situations. The Committee notes the information indicating that section 15 of the Occupational Safety and Health Law requires employers to provide first aid, and to train an adequate number of employees on how to administer first aid and perform rescue and evacuation in cases of emergency. The Committee asks the Government to provide further information on the specific procedures required for dealing with emergency situations, with regard to asbestos, and to specify measures ensuring that such procedures are prepared after consultation with the workers’ representatives.

Article 7. Duty of workers to comply with prescribed health and safety measures. The Committee notes the information indicating that under section 7 of the Rulebook on Preventive Measures for Safe and Healthy Work at the Workplace, employers and workers, and/or their representatives for health and safety at work, must cooperate with regard to all issues related to health and safety at the workplace. The Committee asks the Government to provide measures ensuring that workers are required to comply with prescribed safety and hygiene procedures relating to the prevention and control of, and protection against, health hazards due to occupational exposure to asbestos.

Articles 11, 12 and 13. Prohibitions against the use of asbestos, and notification of certain types of work involving exposure to asbestos. The Committee notes the information provided by the Government indicating that there is no provision allowing derogations to the rule on prohibiting the use of crocidolite. The Committee asks the Government to confirm that the use of crocidolite and products containing this fibre are prohibited, to take measures, in law and in practice, to ensure that the spraying of all forms of asbestos is prohibited; and to indicate whether employers are required to notify, to the competent authority, certain types of work involving exposure to asbestos.

Article 15(1)–(3). Limits for the exposure of workers to asbestos. The Committee notes the information provided by the Government indicating the limits for exposure to asbestos as required under the Yugoslav Standard SRPS Z.B0.001 (1991). The Committee asks the Government to provide information on the measures for the periodical review and update of exposure limits in light of technological progress, and to indicate measures ensuring that in all workplaces where workers are exposed to asbestos, employers take all appropriate measures to prevent, or control, the release of asbestos dust in the air, and that employers comply with the prescribed exposure limits.

Article 20(2)–(4). Keeping of records on the monitoring of the working environment and of the exposure of workers, and providing workers and their representatives access to these records, and the right to request such monitoring. The Committee notes the information indicating that the employer is required to maintain records, and that workers may have access to these records. The Committee asks the Government to indicate the specific measures requiring employers to keep records of the work environment monitoring, and the period for which such records should be kept, to indicate the specific measures allowing workers concerned, their representatives, and inspection services, access to these records, and measures allowing workers, or their representatives, the right to request such monitoring and to appeal concerning the results.

Article 21. Medical examinations after termination of employment, and maintenance of income for workers whose health is at risk. The Committee notes the information provided by the Government indicating the requirement of initial and periodic medical examinations for workers exposed to asbestos. The Committee asks the Government to provide further information on whether workers are informed of the results of their medical examinations and receive individual advice concerning their health in relation to their work; to indicate whether workers are required to undergo medical examinations after the termination of their employment in work exposing them to asbestos; and to indicate measures undertaken to maintain the income of workers who have been medically advised against continued assignment to work involving exposure to asbestos. The Committee also asks the Government to develop a system of notification of occupational disease caused by asbestos.

Articles 3, 9, 10, 14, 16, 17, 18, 19 and 22(1)–(2). The Committee notes that the information available in the Government’s reports regarding the effect given to the abovementioned Articles of the Convention included information on general measures related to occupational safety and health and did not include information on measures taken to regulate the subject matter specifically concerning asbestos in these Articles. The Committee asks the Government to provide further information on the measures taken, in law and in practice, to ensure full effect is given to the abovementioned Articles.

Part V of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country attaching extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number of occupational diseases reported as being caused by asbestos, etc.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3 of the Convention. Consultations with the most representative organizations of the employers and workers concerned. The Committee notes the information provided by the Government that expert opinions were asked from the representative organizations of employers and workers during the procedure of designing the draft law on ratification of the Convention, both in direct contacts and through the Social and Economic Council of the Republic of Serbia. The Committee requests the Government to provide further information on the manner in which the most representative organizations of employers and workers concerned are consulted on the measures to be taken to give effect, in law and in practice, to the provisions of the Convention.

Article 4. Assessment of safety and health hazards. The Committee takes note of the detailed Occupational Safety and Health (OSH) legislation adopted, including instruments specifically regulating conditions of work in the construction industry. The Committee also takes note of section 13 of the Occupational Safety and Health Law referred to by the Government, which provides an obligation for the employer to adopt a risk assessment and to amend this assessment in case of any new hazard or change in the risk level present in the work process. The Committee notes, however, that the Government does not indicate whether the safety and health hazards involved in construction activities are assessed as a basis for adopting and maintaining in force laws and regulations ensuring the application of the Convention. The Committee requests the Government to provide further information on the measures taken to give effect to this Article, in law and in practice.

Article 7. Duty for employers and self-employed persons to comply with prescribed safety and health measures at the workplace. The Committee requests the Government to provide information on national laws or regulations which require that employers and self-employed persons have a duty to comply with the prescribed safety and health measures at the workplace.

Article 8(2). Two or more employers or self-employed persons undertaking activities simultaneously at one workplace. The Committee notes the Government’s indication that effect to this paragraph of the Article is given in section 19 of the Occupational Safety and Health Law. This Law prescribes the obligation of two or more employers simultaneously undertaking activities at one construction site to cooperate in applying the prescribed OSH measures and that the manner of their cooperation shall be specified by a written agreement. The Committee requests the Government to provide further information on the substance of the written agreement referred to, and to clarify the manner in which the Government ensures that the requirement of concluding a written agreement among employers is respected in all cases. The Committee also asks the Government to provide information about the measures taken to give effect to Article 8(2) as regards self-employed persons.

Article 15(2). Lifting appliances. Raising, lowering or carrying persons in appliances constructed, installed and used for that purpose. The Committee requests the Government to give information on the measures taken to give effect to this provision, in law and in practice.

Article 16. Transport, earth-moving and materials-handling equipment. The Committee takes note of the information provided by the Government as regards the obligation of appropriate training for workers using the equipment (Article 16(d)). The Committee requests the Government to provide further information about the measures taken to give effect to all provisions of this Article.

Article 17(1)(a), (b) and (c) and 17(3). Requirements for plant, machinery and equipment. The Committee takes note of section 5 of the Rulebook on prevention measures in occupational safety and health for the use of work equipment referred to by the Government. The Committee requests the Government to provide further information about the measures taken to give effect to the requirements for plant, machinery and equipment under Article 17(1)(a), (b) and (c) and the provisions governing the examination and testing of pressure plant and equipment in application of Article 17(3).

Article 19. Excavations, shafts, earthworks, underground works and tunnels. The Committee takes note of the provision of the Rulebook on occupational protection in construction works referred to by the Government. The Committee requests the Government to provide further information on measures taken to give effect to all provisions of this Article.

Article 21(2). Work in compressed air and supervision. The Committee notes the information provided by the Government on the provisions relating to the obligation of medical examinations for workers. The Committee requests the Government to provide information on the measures taken to ensure the supervision of the conduct of the operations by a competent person.

Article 22. Structural frames and formwork; Article 23. Work over water; Article 24. Demolition; Article 25. Lighting; Article 27. Explosives. The Committee requests the Government to provide information as regards measures taken to give effect to these provisions in law and in practice.

Article 28(2)(a). Preventive measures for chemical, physical and biological hazards and replacement of hazardous substances by harmless or less hazardous substances, wherever possible; Article 28(4). Disposal of waste at construction sites. The Committee takes note of the provisions of the Law on Occupational Safety and Health, the Rulebook on OSH prevention measures on exposure to chemical substances, and the Rulebook on OSH prevention measures on exposure to harmful biological agents, referred to by the Government. The Committee requests the Government to provide further information on the effect given to Article 28(2)(a) and to Article 28(4), including as regards the disposal of asbestos waste.

Article 29. Fire precautions. The Committee requests the Government to provide information as regards measures taken to ensure the application of this Article.

Article 30(1) and (3). Provision of personal protective equipment and protective clothing. The Committee takes note of sections 23 and 24 of the Law on Occupational Safety and Health concerning the use of means and equipment for personal protection. The Committee requests the Government to provide further information on the measures taken to ensure that suitable personal protective equipment and protective clothing are provided and maintained by the employer without cost to the workers, as may be prescribed by national laws and regulations (Article 30(1)), and that account is taken of ergonomic principles, as far as possible (Article 30(3)).

Article 32. Welfare. The Committee requests the Government to provide information as regards measures taken to ensure that drinking water and facilities are provided to the workers, in accordance with the provisions of Article 32.

Part VI of the report form. Application in practice. The Committee notes the absence of information on the practical application of the present Convention. 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 extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported including the main causes of accidents in the construction sector.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Further to its observation, the Committee requests the Government to supply information on the following points.

Article 2(3) of the Convention. Measures that could be taken to ratify relevant occupational safety and health Conventions of the ILO. The Committee notes the information provided by the Government that the Council for Occupational Safety and Health, which consists of representatives from trade unions, the association of employers and the Serbian Ministry of Labour, regularly considers proposals and initiatives concerning ratification of ILO Conventions in the area of occupational safety and health (OSH). The Committee requests the Government to continue providing information on the manner in which it periodically considers, in consultation with the social partners, what measures could be taken to ratify relevant OSH Conventions of the ILO, and the outcome of the consultations held in this regard, including concerning the Protocol of 2002 to the Occupational Safety and Health Convention, 1981 (No. 155), which is one of the key OSH instruments.

Article 4(2)(d). Cooperation between management, workers, and their representatives. The Committee notes that sections 44–48 of the Occupational Safety and Health Law provide for cooperation on implementation of OSH measures at the level of the undertaking between employers’ and workers’ representatives, namely the OSH Board. The Committee requests the Government to provide further information on the practical application of these provisions and to indicate whether they apply to all enterprises, irrespective of size.

Article 4(3)(h). Micro-enterprises, small and medium-sized enterprises and the informal economy. The Committee requests the Government to provide information on support mechanisms for a progressive improvement of OSH conditions in micro-enterprises, in small and medium-sized enterprises and in the informal economy.

Article 5(2)(c). Formulation and review of the national programme on OSH in consultation with the most representative organizations of employers and workers. The Committee notes that the OSH Strategy and the Action Plan for Implementation of the OSH Strategy cover the period of 2009–12. The Committee requests the Government to provide further information on the measures taken to ensure that the national programme is reviewed on the basis of analysis of the national situation and to indicate the result of the review, including the new objectives, targets and indicators of progress.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with interest the detailed information supplied in the Government’s first report including the National Policy for Occupational Safety and Health, adopted by the Occupational Safety and Health Council on 20 April 2006, the Occupational Safety and Health Strategy (2009–12), the Action Plan for Implementation of the Occupational Safety and Health Strategy (2009–12), and the Law on Occupational Safety and Health of 21 November 2005. It notes in particular the commitment of the Government and the social partners to occupational safety and health issues and their efforts to develop a culture of prevention.

Article 4(1) and (2)(a) of the Convention. Obligation to establish, maintain, progressively develop and periodically review a national system for occupational safety and health, in consultation with the most representative organizations of employers and workers. Legislation. The Committee notes that in accordance with the Action Plan for Implementation of the Occupational Safety and Health Strategy in the Republic of Serbia for 2009–12, a working group has been established to analyse the application of laws, by-laws and regulations, and to modify the Occupational Safety and Health Act in light of the EU acquis. The Committee also takes note of the comments of the Trade Union Confederation “Nezavishnot,” transmitted by the Government, stating that the Act on Amendments and Supplements to the Health Insurance Act has not been submitted to either the Social and Economic Council for its opinion, or to the working group mentioned above. According to the union, pursuant to section 9 of the Act on Amendments and Supplements to the Health Insurance Act, occupational accidents have been redefined to exclude injuries that employees may suffer during their trip to or from work. The Committee calls the attention of the Government to Article 4(1) and (2)(a) of the Convention, which require consultation with the most representative organizations of employers and workers regarding, inter alia, laws and regulations on occupational safety and health. The Committee asks the Government to provide its comments on the communication from “Nezavishnot” and to take the appropriate measures to ensure that laws and regulations on occupational safety and health are developed and reviewed in consultation with the most representative organizations of employers and workers. It also requests the Government to provide details on the mechanisms established for such consultations.

The Committee is raising other points in a request addressed directly to the Government.

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

Article 2, paragraphs 1 and 2, of the Convention. Regulating the use of white lead, sulphate of lead and all products containing these pigments in artistic painting or fine lining. The Committee notes the information provided by the Government indicating that the use of white lead based paint, lead sulphates and all products containing these pigments, are not regulated in relation to artistic painting or fine lining. The Committee asks the Government to undertake measures in law and practice to ensure that full effect is given to Article 2 of the Convention.

Article 3. Prohibition of the employment of males under 18 years of age and of all females. The Committee notes the information provided by the Government indicating that there are no laws prohibiting the employment of males under 18 years of age, and of all females, in any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments. The Government further notes information in the Government’s report on the Benzene Convention, 1971 (No. 136), indicating that sections 84 and 89 of the Labour Code afford pregnant women and young workers protections against hazardous work. The Committee asks the Government to provide further information on measures in law and practice to ensure that full effect is given to Article 3 of the Convention.

Article 5, Part I(a) and Part III. Regulating the use of white lead, sulphate of lead and of all products containing these pigments. The Committee notes that the Government has not provided information on whether white lead, sulphate of lead, or products containing these pigments are prohibited in painting operations, except in the form of paste or of paint ready for use (Part I(a)); and on whether cases of lead poisoning and of suspected lead poisoning are notified, and subsequently verified by a medical person appointed by the competent body, and on instances when medical examinations of workers may be required (Part III). The Committee asks the Government to provide information on measures undertaken or envisaged to give effect to the provisions of Article 5, Part I(a) and Part III, of the Convention.

Article 7. Statistics as to morbidity and mortality with regard to lead poisoning. The Committee notes the information provided by the Government stating that, according to the data provided by the National Institute for Labour Medicine, no cases of lead poisoning, or cases of employees’ health problems caused by contact or work with white lead based paints have been registered so far. The Committee asks the Government to continue to provide statistical information as to morbidity and mortality due to lead poisoning.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government indicating that planned legislative amendments will encompass elements of this Convention that have not been included in specific regulations so far. The Committee asks the Government to provide information on the progress of these planned legislative amendments; and to give a general appreciation for the application of the Convention in practice.

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

The Committee notes the information provided by the Government in its reports, and the observations received by the Confederation of Autonomous Trade Unions of Serbia, which have been addressed under the Committee’s comments on the Occupational Safety and Health Convention, 1981 (No. 155).

Article 1, subparagraphs (a)(ii) and (b) of the Convention. Adaptation of work to the capabilities of workers, and the definition of workers’ representatives. The Committee notes the information indicating that occupational health services are required to evaluate and establish special health abilities to be met by employees during certain activities. The Committee asks the Government to provide further information specifying whether the role of occupational health services includes advice on the adaptation of work to the capabilities of workers, and to indicate the specific provision providing for the definition of a workers’ representative.

Article 2. Formulation, implementation and periodical review of a national policy. The Committee notes the information provided by the Government indicating the adoption of a national occupational safety and health policy, which includes an element requiring the periodical analysis of the role and importance of the occupational health services; and that an action plan, to be adopted towards the end of 2009, will include an analysis of the national policy on occupational health services. The Committee asks the Government to provide a copy of the action plan on occupational health services with its next report; and to indicate measures ensuring the periodical review of the policy on occupational health services.

Article 3, paragraph 1. Progressive development of occupational health services for all workers. The Committee notes the information provided by the Government indicating the establishment of occupational health services under the Law on Health Care and the Rulebook on Closer Condition for Performing Health Activity in Health Care Institutions and other Forms of Health Care Services. The Committee asks the Government to provide further information on the progressive development of occupational health services for all workers in all branches of economic activity and undertakings, and to indicate the current situation with regard to coverage of workers.

Article 5, subparagraphs (b), (c), (e), (g), (h) and (i). Functions of the occupational health service. The Committee notes the information provided by the Government with regard to the functions established under section 41 of the Occupational Safety and Health Law. The Committee asks the Government to provide further information on the specific measures that give effect to Article 5(b), (c), (e), (g), (h) and (i).

Articles 7, 8 and 9. Organization and conditions of operation for occupational health services. The Committee notes the information provided by the Government on the organization and composition of occupational health services; and the requirement for employers and employees to mutually cooperate on issues related to safety and health at work. The Committee asks the Government to provide specific measures to address the requirements under Articles 7, 8 and 9 of the Convention, with particular reference to the cooperation between occupational health services and employers, workers, and their representatives, and other services in the undertaking.

Articles 14 and 15. Occupational health services to be informed of any known factors which may affect the workers’ health, and of ill health amongst workers and absence from work for health reasons. The Committee notes the information provided by the Government indicating that under section 40 of the Occupational Safety and Health Law, the person in charge of safety and health at work shall cooperate and coordinate with occupational health services hired by the employer. The Committee asks the Government to provide further information on measures undertaken to ensure that occupational health services are informed by the employer, and workers, of any known factors, and any suspected factors, in the working environment, which may affect the workers’ health; and of ill health amongst workers and absence from work for health reasons.

Part VI of the report form. Application 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 attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, and the number and nature of the contraventions reported.

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

Article 2. Definitions. The Committee notes the information provided by the Government indicating the definitions of an employee and an employees’ representative. The Committee asks the Government to provide further information on measures which provide definitions, in law and practice, of the terms in Article 2 of the Convention.

Article 6, paragraph 3. Procedures for dealing with emergency situations. The Committee notes the information indicating that section 15 of the Occupational Safety and Health Law requires employers to provide first aid, and to train an adequate number of employees on how to administer first aid and perform rescue and evacuation in cases of emergency. The Committee asks the Government to provide further information on the specific procedures required for dealing with emergency situations, with regard to asbestos, and to specify measures ensuring that such procedures are prepared after consultation with the workers’ representatives.

Article 7. Duty of workers to comply with prescribed health and safety measures. The Committee notes the information indicating that under section 7 of the Rulebook on Preventive Measures for Safe and Healthy Work at the Workplace, employers and workers, and/or their representatives for health and safety at work, must cooperate with regard to all issues related to health and safety at the workplace. The Committee asks the Government to provide measures ensuring that workers are required to comply with prescribed safety and hygiene procedures relating to the prevention and control of, and protection against, health hazards due to occupational exposure to asbestos.

Articles 11, 12 and 13. Prohibitions against the use of asbestos, and notification of certain types of work involving exposure to asbestos. The Committee notes the information provided by the Government indicating that there is no provision allowing derogations to the rule on prohibiting the use of crocidolite. The Committee asks the Government to confirm that the use of crocidolite and products containing this fibre are prohibited, to take measures, in law and in practice, to ensure that the spraying of all forms of asbestos is prohibited; and to indicate whether employers are required to notify, to the competent authority, certain types of work involving exposure to asbestos.

Article 15, paragraphs 1–3. Limits for the exposure of workers to asbestos. The Committee notes the information provided by the Government indicating the limits for exposure to asbestos as required under the Yugoslav Standard SRPS Z.B0.001 (1991). The Committee asks the Government to provide information on the measures for the periodical review and update of exposure limits in light of technological progress, and to indicate measures ensuring that in all workplaces where workers are exposed to asbestos, employers take all appropriate measures to prevent, or control, the release of asbestos dust in the air, and that employers comply with the prescribed exposure limits.

Article 20, paragraphs 2–4. Keeping of records on the monitoring of the working environment and of the exposure of workers, and providing workers and their representatives access to these records, and the right to request such monitoring. The Committee notes the information indicating that the employer is required to maintain records, and that workers may have access to these records. The Committee asks the Government to indicate the specific measures requiring employers to keep records of the work environment monitoring, and the period for which such records should be kept, to indicate the specific measures allowing workers concerned, their representatives, and inspection services, access to these records, and measures allowing workers, or their representatives, the right to request such monitoring and to appeal concerning the results.

Article 21. Medical examinations after termination of employment, and maintenance of income for workers whose health is at risk. The Committee notes the information provided by the Government indicating the requirement of initial and periodic medical examinations for workers exposed to asbestos. The Committee asks the Government to provide further information on whether workers are informed of the results of their medical examinations and receive individual advice concerning their health in relation to their work; to indicate whether workers are required to undergo medical examinations after the termination of their employment in work exposing them to asbestos; and to indicate measures undertaken to maintain the income of workers who have been medically advised against continued assignment to work involving exposure to asbestos. The Committee also asks the Government to develop a system of notification of occupational disease caused by asbestos.

Articles 3, 9, 10, 14, 16, 17, 18, 19 and 22, paragraphs 1 and 2. The Committee notes that the information available in the Government’s reports regarding the effect given to the abovementioned Articles of the Convention included information on general measures related to occupational safety and health and did not include information on measures taken to regulate the subject matter specifically concerning asbestos in these Articles. The Committee asks the Government to provide further information on the measures taken, in law and in practice, to ensure full effect is given to the abovementioned Articles.

Part V of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country attaching extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number of occupational diseases reported as being caused by asbestos, etc.

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

The Committee notes the information provided by the Government in its report, and the observations received by the Confederation of Autonomous Trade Unions of Serbia, which have been addressed under the Committee’s comments on the Occupational Safety and Health Convention, 1981 (No. 155).

Article 1, paragraphs 2 and 3, of the Convention. General provisions. The Committee notes the information provided by the Government indicating that national legislation does not consider manually powered machines, new or second-hand, subject to this Convention. The Committee asks the Government to provide information on the consultation with the most representative organizations of employers and workers concerned, with regard to the decision to exclude manually powered machines (Article 1(2)), and to provide information on the measures undertaken or envisaged to give effect to Article 1(3).

Article 2. Obligations related to the sale, hire, transfer in any other manner, and exhibition of machinery of which the dangerous parts are without appropriate guards. The Committee notes the information provided by the Government indicating that the Rulebook on work safety measures and norms on work tools, prescribes all measures that must be applied to work tools, in order that their moveable parts do not create dangerous situations. The Committee asks the Government to supply a copy of the abovementioned regulation, and to provide further information on specific measures prohibiting the sale, hire, transfer in any other manner, and exhibition of machinery of which the dangerous parts are without appropriate guards, to ensure full effect is given to the provisions of this Article.

Articles 3, 4, 8, 13, 14 and 16. The Committee notes that the Government’s latest report contains no information on measures ensuring effect given to the provisions prescribed in the abovementioned Articles. The Government is requested to indicate measures undertaken or envisaged to give effect to Articles 3, 4, 8, 13, 14 and 16 of the Convention.

Part V of the report form. Application 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 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; and the number, nature and cause of accidents reported.

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

The Committee notes the detailed information contained in the Government’s reports, and the attached legislation, which give effect to the provisions of the Convention. The Committee also notes the attached observations made by the Confederation of Autonomous Trade Unions of Serbia, which have been addressed under the Committee’s response to the Government’s report on the Occupational Safety and Health Convention, 1981 (No. 155). The Committee asks the Government to continue to provide information on relevant legislative measures undertaken with regard to the Convention.

Part V of the report form. Application in practice. The Committee notes the detailed information provided by the Government on the use of benzene in different occupations, including information indicating that the most frequent cases of exposure to benzene in the working environment are those in the footwear industry, and that this industry employs for the most part female labour. The Committee asks the Government to provide information on measures to address the frequent cases of exposure to benzene in the working environment, with particular reference to the employment of women at jobs that may have harmful effects on their health and the health of their child (Article 11(1)); and to 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; and the number, nature and cause of occupational diseases reported.

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

Article 1. Prohibition of occupational exposure to carcinogenic substances and agents. The Committee notes the information provided by the Government indicating that the list of prohibited carcinogenic substances and agents, and the list of exemptions from the rule on prohibiting manufacturing and utilization of carcinogenic substances and agents, have not been established. The Committee asks the Government to provide further information on how the abovementioned lists are to be developed and periodically determined, and to supply copies of them once they have been adopted.

Article 2, paragraphs 1 and 2. Replacing of carcinogenic substances and agents by less harmful substances or agents, and reducing the number of workers exposed to such substances. The Committee notes the reference by the Government to section 7 of the Occupational Safety and Health Law, which provides for the adoption of a by-law requiring employers to replace carcinogenic substances and agents that employees may be exposed to during their work with non-carcinogenic substances and agents, and establishing the duration and degree of worker exposure to such substances. The Committee asks the Government to indicate whether the abovementioned by-law has been adopted and, if so, to specify whether it ensures that the number of workers exposed to carcinogenic substances or agents and the duration and degree of such exposure shall be reduced to the minimum compatible with safety.

Article 4. Providing workers with all available information on the dangers involved. The Committee notes the information provided by the Government indicating regulations that require employers to introduce employees to the risks associated with exposure to carcinogenic substances and agents, and that further measures are currently being developed with regard to the requirements of this Article. The Committee asks the Government to provide information in its next report on measures taken to give effect to Article 4 of the Convention.

Article 5. Medical examinations during the period of employment and thereafter. The Committee notes the comprehensive information contained in the Rulebook on Pre-emptive and Periodical Medical Examinations at High Risk Workplaces, which establishes the requirements for pre-employment and periodical medical examinations of workers exposed to carcinogenic substances. With respect to the importance of medical examinations to be carried out after the termination of employment, the Committee points out that the need to examine workers after they have ceased their employment is due to the fact that the occupational origin of cancer is often difficult to demonstrate, as there is no difference between occupational cancer and other non-occupational forms from the clinical and pathological points of view. Moreover, the development of cancer is generally very slow, with latency periods stretching over anything from ten to 30 years or more. The Committee urges the Government to take measures to ensure that workers are provided with such medical examinations or biological or other tests or investigations as are necessary to evaluate their state of health in relation to occupational hazards not only during the period of employment but also thereafter.

Part IV of the report form. Application 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 attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of diseases reported, etc.

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

Article 3 of the Convention. Definitions. The Committee notes the definition of noise provided in the Rulebook on measures and rules for protection at work from noise in the work premises. The Committee asks the Government to provide further information on the measures providing definitions of air pollution and vibration.

Article 4, paragraph 2, and Article 8. Measures for prevention, control of, and protection against, occupational hazards. The Committee notes the information indicating the measures providing for prevention, control of, and protection of workers against, occupational hazards due to air pollution and noise. The Committee further notes the Government’s reference to standards EN 14253 and EN ISO 8041 on vibration. The Committee asks the Government to provide further information on the measures to provide for the prevention, control of, and protection of workers against, occupational hazards due to vibration, and the criteria and exposure limits prescribed with regard to vibration; and to indicate whether there is regular revision of criteria and exposure limits as required by Article 8 of the Convention.

Article 11, paragraphs 3 and 4. Maintaining workers’ income and the rights of workers under social security or social insurance legislation. The Committee notes the information indicating that section 45 of the Occupational Health and Safety Law prescribes that, if it is determined during a periodical medical examination procedure that an employer is not satisfying special health requirements necessary for carrying out activities in high-risk workplaces, they shall be liable to reassign the employee to a different workplace. The Committee asks the Government to provide further information on measures to maintain workers’ income when they are medically unfit to continue their work; and to provide information on measures to give full effect to Article 11(4).

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards. The Committee notes the information provided by the Government indicating general product safety and criteria for assessing a product’s conformity with general safety requirements. The Committee asks the Government to indicate whether the use of processes, substances, machinery and equipment, specified by the competent authority, involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, shall be notified to the competent authority, and whether the competent authority, as appropriate, may authorize the use on prescribed conditions, or prohibit it.

Part IV of the report form. Application 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 attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents reported.

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

The Committee notes the information provided in the Government’s reports, the attached documentation, and the observations submitted by the Confederation of Autonomous Trade Unions of Serbia concerning the application of this Convention in practice. The Committee asks the Government to supply a copy of the Occupational Safety and Health Law (O.G. 101/05) with its next report.

Article 3 of the Convention. Definitions. The Committee notes the information indicating that the terms defined in the national legislation have the same meaning and definitions as those in the Convention. The Committee asks the Government to provide reference to specific provisions in national legislation which provide for the definitions of the terms listed in Article 3.

Article 4, paragraph 1, and Article 5, subparagraphs (a) to (f). National policy and main spheres of action. The Committee notes the information provided by the Government on the adoption of a national occupational safety and health policy. The Committee asks the Government to supply a copy of the National Occupational Safety and Health Policy; and to indicate the specific measures taken to address each of the main spheres of action under Article 5, subparagraphs (a) to (f).

Article 7. Review, at appropriate intervals, of the situation regarding occupational safety and health. The Committee notes the information provided by the Government indicating the preparation, by the Ministry of Labour and Social Policy, of an annual report on the state of affairs and issues in the field of occupational safety and health in Serbia. The Committee requests the Government to provide information on the outcome of this review process and how this review affects the development of the national policy in the country.

Article 11, subparagraphs (a) to (f). Functions to give progressive effect to the national policy. The Committee notes the information provided by the Government indicating that the Ministry of Labour and Social Policy has, through its legislative activities, and inspection and monitoring, secured the implementation of the national policy. The Committee asks the Government to provide further information on the specific measures undertaken by the competent authority to ensure that the functions of the individual subsections of Article 11 are progressively carried out.

Article 12, subparagraphs (a) to (c). Responsibilities on those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. The Committee notes the information provided by the Government indicating general product safety and criteria for assessing a product’s conformity with general safety requirements. The Committee asks the Government to provide further information on measures undertaken with regard to the assessment of safety, and the making available of information, by those who design, manufacture, import, provide or transfer substances for occupational use (subparagraphs (a) and (b)); and the undertaking of studies and research or otherwise keeping abreast of the scientific and technical knowledge (subparagraph (c)).

Article 13. Protection of workers from undue consequences. The Committee notes the information indicating that section 33 of the Occupational Safety and Health Law prescribes the right of workers to refuse to work where there is an immediate threat to their life or health. The Committee asks the Government to provide further information on measures undertaken, in law and in practice, to ensure that workers who refuse to work under section 33, are protected from undue consequences.

Article 15, paragraph 1. Coordination between various authorities and bodies called upon to give effect to Parts II and III of the Convention. The Committee notes the information provided by the Government indicating that a permanent working body in charge of occupational safety and health issues has been set up. The Committee asks the Government to provide further information on the specific measures undertaken to ensure the coordination required under paragraph 1 of Article 15.

Article 19, subparagraph (e). Right of workers, or their representatives, to inquire into all aspects of occupational safety and health. The Committee notes the information indicating that under section 45 of the Occupational Safety and Health Law the employer is required to allow the workers’ representative, namely the Board, to participate in the review of all issues related to implementation of safety and health at work. The Committee asks the Government to provide further information on measures undertaken to allow workers, or their representatives, to inquire into all aspects of occupational safety and health, and whether for this purpose, technical advisers may, by mutual agreement, be brought in from outside the undertaking.

Part V of the report form. Application in practice. The Committee notes the Confederation of Autonomous Trade Unions of Serbia’s statement indicating that in practice there are considerable problems in connection with the application of provisions related to occupational safety and health, health care and working conditions, and that environmentally harmful incidents which have occurred recently in the chemical industry can be attributed, amongst other things, to inadequate measures related to safety and health at work. The Confederation of Autonomous Trade Unions of Serbia further observes that there are a high number of cases of occupational accidents in the construction sector. The Committee requests the Government to provide information on measures taken to address the issues identified above by the Confederation of Autonomous Trade Unions of Serbia; and to attach extracts from inspection reports and, where such 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 reported.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the comprehensive reports, including numerous references to legislative texts, provided by the Federal Government concerning the application of the Convention in the Republic of Serbia and the Republic of Montenegro.

2. The Committee notes the references by the Governments of the Republic of Serbia and the Republic of Montenegro, respectively, to national legal and administrative texts that appear to give effect to the Convention. Taking into account that the large majority of these texts are only available to the Committee in Serbian-Croatian, the Committee invites the Government to examine whether, and to what extent, it would be possible to provide the ILO with translations into one of the ILO working languages of the most important laws and regulations, or excerpts thereof, in order to enable the Committee to determine the extent to which the Convention is applied in the country. Please also provide any available information concerning the practical implementation of the Convention, in accordance with Part V of the report form, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, if available, as well as any other information that would enable the Committee to better appreciate the application in practice of the Convention in the country as a whole, as well as in the separate Republics.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the comprehensive reports, including numerous references to legislative texts, provided by the Federal Government concerning the application of the Convention in the Republic of Serbia and the Republic of Montenegro.

2. The Committee notes the references by the Governments of the Republic of Serbia and the Republic of Montenegro, respectively, to national legal and administrative texts that appear to give effect to the Convention. Taking into account that the large majority of these texts are only available to the Committee in Serbian-Croatian, the Committee invites the Government to examine whether, and to what extent, it would be possible to provide the ILO with translations into one of the ILO working languages of the most important laws and regulations, or excerpts thereof, in order to enable the Committee to determine the extent to which the Convention is applied in the country. Please also provide any available information concerning the practical implementation of the Convention in accordance with Part V of the report form, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, disaggregated by sex if available, as well as any other information that would enable the Committee to better appreciate the application in practice of the Convention in the country as a whole as well as in the separate Republics.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the comprehensive reports, including numerous references to legislative texts, provided by the Federal Government concerning the application of the Convention in the Republic of Serbia and the Republic of Montenegro.

2. The Committee notes the references by the Governments of the Republic of Serbia and the Republic of Montenegro, respectively, to national legal and administrative texts that appear to give effect to the Convention. Taking into account that the large majority of these texts are only available to the Committee in Serbian-Croatian, the Committee invites the Government to examine whether, and to what extent, it would be possible to provide the ILO with translations into one of the ILO working languages of the most important laws and regulations, or excerpts thereof, in order to enable the Committee to determine the extent to which the Convention is applied in the country. Please also provide any available information concerning the practical implementation of the Convention in accordance with Part V of the report form, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, disaggregated by sex if available, as well as any other information that would enable the Committee to better appreciate the application in practice of the Convention in the country as a whole as well as in the separate Republics.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the comprehensive reports, including numerous references to legislative texts, provided by the Federal Government concerning the application of the Convention in the Republic of Serbia and the Republic of Montenegro.

2. The Committee notes the references by the Governments of the Republic of Serbia and the Republic of Montenegro, respectively, to national legal and administrative texts that appear to give effect to the Convention. Taking into account that the large majority of these texts are only available to the Committee in Serbian-Croatian, the Committee invites the Government to examine whether, and to what extent, it would be possible to provide the ILO with translations into one of the ILO working languages of the most important laws and regulations, or excerpts thereof, in order to enable the Committee to determine the extent to which the Convention is applied in the country. Please also provide any available information concerning the practical implementation of the Convention in accordance with Part V of the report form, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, disaggregated by sex if available, as well as any other information that would enable the Committee to better appreciate the application in practice of the Convention in the country as a whole as well as in the separate Republics.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the comprehensive reports, including numerous references to legislative texts, provided by the Federal Government concerning the application of the Convention in the Republic of Serbia and the Republic of Montenegro.

2. The Committee notes the references by the Governments of the Republic of Serbia and the Republic of Montenegro, respectively, to national legal and administrative texts that appear to give effect to the Convention. Taking into account that the large majority of these texts are only available to the Committee in Serbian-Croatian, the Committee invites the Government to examine whether, and to what extent, it would be possible to provide the ILO with translations into one of the ILO working languages of the most important laws and regulations, or excerpts thereof, in order to enable the Committee to determine the extent to which the Convention is applied in the country. Please also provide any available information concerning the practical implementation of the Convention in accordance with Part V of the report form, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, disaggregated by sex if available, as well as any other information that would enable the Committee to better appreciate the application in practice of the Convention in the country as a whole as well as in the separate Republics.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes with interest the comprehensive reports, including numerous references to legislative texts, provided by the Federal Government concerning the application of the Convention in the Republic of Serbia and the Republic of Montenegro.

2. The Committee notes the references by the Governments of the Republic of Serbia and the Republic of Montenegro, respectively, to national legal and administrative texts that appear to give effect to the Convention. Taking into account that the large majority of these texts are only available to the Committee in Serbian-Croatian, the Committee invites the Government to examine whether, and to what extent, it would be possible to provide the ILO with translations into one of the ILO working languages of the most important laws and regulations, or excerpts thereof, in order to enable the Committee to determine the extent to which the Convention is applied in the country. Please also provide any available information concerning the practical implementation of the Convention in accordance with Part V of the report form, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, disaggregated by sex if available, as well as any other information that would enable the Committee to better appreciate the application in practice of the Convention in the country as a whole as well as in the separate Republics.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the comprehensive reports, including numerous references to legislative texts, provided by the Federal Government concerning the application of the Convention in the Republic of Serbia and the Republic of Montenegro.

2. The Committee notes the references by the Governments of the Republic of Serbia and the Republic of Montenegro, respectively, to national legal and administrative texts that appear to give effect to the Convention. Taking into account that the large majority of these texts are only available to the Committee in Serbian-Croatian, the Committee invites the Government to examine whether, and to what extent, it would be possible to provide the ILO with translations into one of the ILO working languages of the most important laws and regulations, or excerpts thereof, in order to enable the Committee to determine the extent to which the Convention is applied in the country. Please also provide any available information concerning the practical implementation of the Convention in accordance with Part V of the report form, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, disaggregated by sex if available, as well as any other information that would enable the Committee to better appreciate the application in practice of the Convention in the country as a whole as well as in the separate Republics.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the comprehensive reports, including numerous references to legislative texts, provided by the Federal Government concerning the application of the Convention in the Republic of Serbia and the Republic of Montenegro.

2. The Committee notes the references by the Governments of the Republic of Serbia and the Republic of Montenegro, respectively, to national legal and administrative texts that appear to give effect to the Convention. Taking into account that the large majority of these texts are only available to the Committee in Serbian-Croatian, the Committee invites the Government to examine whether, and to what extent, it would be possible to provide the ILO with translations into one of the ILO working languages of the most important laws and regulations, or excerpts thereof, in order to enable the Committee to determine the extent to which the Convention is applied in the country. Please also provide any available information concerning the practical implementation of the Convention in accordance with Part V of the report form, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, disaggregated by sex if available, as well as any other information that would enable the Committee to better appreciate the application in practice of the Convention in the country as a whole as well as in the separate Republics.