OCCUPATIONAL SAFETY AND HEALTHproject-balcanosh.net/wp-content/uploads/2018/11/... · 1.2 Occupational Safety and Health Law (‘’RS Official Gazette’’, no. 101/05, 91/15 and

OCCUPATIONAL SAFETY AND HEALTH

Study of Serbia

INCREASING CAPACITIES AND STRENGTHENING OF THE ROLE OF THE REGIONAL CSOS FOR IMPROVEMENT OF THE LABOR CONDITIONS AND DIALOGUE WITH PUBLIC INSTITUTIONS

This project is funded by The European Union

Belgrade, 2018


Study of Serbia

PROJECT – “INCREASING CAPACITIES AND STRENGTHENING OF THE ROLE OF THE REGIONAL CSOS FOR IMPROVEMENT OF THE LABOR CONDITIONS AND DIALOGUE WITH PUBLIC INSTITUTIONS”

4

Publisher: Makedonsko udruženje za zaštitu pri raduSkopje, 2018

Author:PhD. Petar Bulat - Full Professor at the Medical Faculty at BelgradeCoauthor:MSc. Milan Petkovski, Grad. OSh. ENg.

This publication has been prepared with support from the European Union. The contents of this publication are the sole responsibility of the authors and in no way can be considered to represent the views of the European Union.

Project: “Increasing capacities and strengthening of the role of the regional CSOs for improvement of the

labor conditions and dialogue with Public Institutions”

This project is funded by The European Union

Abstract

Occupational Safety and Health is a fundamental employee right verified by the International

Labor Organization Conventions, the EU Lisbon Agreement and the EU Directives.

Occupational Safety and Health is a right guaranteed by the Constitution of the Republic of

Serbia according to which everyone has the right to respect the dignity of one’s own

personality, to Labor, to Occupational Safety and no one can forfeit these rights.

Since the field of occupational safety and health is of multidisciplinary character, the legal

basis is contained in several laws: Labor Law, Health Care Law, Health Insurance Law,

Pension and Disability Insurance Law and many other laws and by-laws. Implementation of

regulations is also multidisciplinary and requires intensive communication of many state

authorities. All this makes the field of occupational safety and health a very complex area, both

for the adoption of regulations in this field and for their implementation. Nevertheless, although

it is a complex area, the results of the survey of 53 stakeholders from the sphere of occupational

safety and health indicate that the respondents assess the state of occupational safety and health

in the Republic of Serbia as satisfactory. Also, the largest number of participants in the survey

assessed the legislation as satisfactory. Almost all participants in the survey believe that it is

necessary to develop specific regulations and measures in the field of occupational health and

safety. The largest number of respondents are satisfied with compliance of Serbian of

occupational safety and health regulations with EU regulations.

It has already been pointed out that the field of occupational safety and health is

multidisciplinary and that only the coordinated activity of all actors in this field leads to

progress. Analysing the results of the survey, it is noted that the majority of actors in this field

are positively assessed and that significantly higher contributions of employees, judicial

authorities, and non-governmental organizations to the development of occupational health and

safety system are expected.

Based on the conducted analysis of the occupational safety and health system in the Republic

of Serbia, it was concluded that the occupational safety and health system is based on

international standards (EU and ILO) and that the legislation is approaching European

standards, but that implementation of regulations is still not satisfactory, especially in micro,

small and medium-sized enterprises. There is plenty of room to improve the participation of

civil society, social partners and employees in improving occupational safety and health. It was

also concluded that there is room for improvement of regulations in the field of occupational

health, occupational injuries and occupational diseases. It should be noted that proficient

personnel for occupational safety and health as well as external services that perform

occupational safety and health are well grounded in the occupational safety and health system

of Serbia, but that there are challenges in their status and competences. The issue of improving

the contribution of judicial authorities to the occupational safety and health system, especially

in the field of criminal policy, has already been highlighted. It has been noted that there is

plenty of room for improvement of education in this area, starting from elementary and

secondary education through higher education, but also lack of a structured system of

continuous education and relicensing. Also, there is a lack of scientific and research and

promotional activities in the field of occupational safety and health at all levels.

Based on the conducted analysis of the system of safety and health at work in the Republic of

Serbia, there is a need for cooperation with civil society organizations to continue work on

transposing the EU legislation in this area, to proceed with the ratification and confirmation of

ILO conventions, but also to improve the implementation already adopted regulations,

especially in micro, small and medium enterprises, by introducing new tools, guides and

guidelines. It is advised to reform the role and position of occupational health, reform the

registration system and introduce insurance against occupational injuries and diseases. In order

to improve the functioning of the occupational safety and health system, it is recommended to

improve the administrative and technical capacities and resources of the labor inspection as

well as the training of misdemeanours judges and prosecutors in order to improve the quality

of the implementation of regulations in this field through improved cooperation with the labor

inspection. Education in the field of occupational safety and health is of utmost importance. In

order to improve education in occupational safety and health it is advised, that through the

education of elementary and secondary school teachers to improve the implementation of

practical instructions in occupational safety and health. Also, it is necessary to define precisely

the profile and competencies of the proficient personnel for occupational safety and health, to

introduce a register of these persons as well as to establish an accreditation body that will

evaluate the quality and accredit the education programs in this field, which will be the basis

for the introduction of programs for relicensing of proficient personnel for occupational safety

and health. Since without scientific and research work in the field of occupational safety and

health there is no progress this field nor progress in quality of education, it is recommended to

stimulate scientific research in this area through special funds, as well as continuously

supporting the cooperation of the University with employers in order to transfer new

technologies from the field of occupational safety and health to production processes.

In order to better integrate the field of occupational safety and health into all spheres of social

activities, it is necessary to systematically regulate the role of civil society organizations and

social partners in the occupational safety and health system. Also, special incentives for

employers are advised for the increased participation of employees' representatives in

addressing issues related to occupational safety and health.

In order to improve the promotion of occupational safety and health, media representatives

need to be specifically educated to increase their interest in this area. It is also advised to

organize special promotional activities in the field of occupational safety and health through

the cooperation of the Directorate for Safety and Health at Work, Labor Inspectorate with

employers, social partners, including civil society organizations.

Foreword

The text "Increasing the capacities and strengthening the role of regional civil society

organizations for improvement the labor conditions and social dialogue with public

institutions" has been developed within the European Union grant "EuropeAid / 150147 / DH

/ ACT / PRAREG". The project is being implemented in five countries through partners:

Occupational Safety and Health Associations of Macedonia, the Occupational Safety and

Health Association of Serbia, the Occupational Safety and Health Association of Kosovo, the

Albanian Center for Occupational Safety and Health and the Association for Safety at Work of

Montenegro. The overall objective of the project is to create conditions for dialogue between

regional civil society organizations and public institutions to improve labor conditions.

The publication "Increasing the capacities and strengthening the role of regional civil society

organizations for improvement the labor conditions and social dialogue with public

institutions" was created as a result of longstanding, extremely successful cooperation, with the

Association for Safety and Health at Work of Serbia and the experiences from the preparation

of the "Serbian Occupational Safety and Health Profile" within International Labor

Organization project in 2006, as well as the work on the "National Asbestos Exposure Profile

of the Republic of Serbia" in 2017. Friendly advices and suggestions as well as, the exceptional

support of many colleagues in the field of occupational safety and health have made the

publication much better, and the work on its development has turned into a pleasure.

I would like to thank all those who have led me, with their advices, through a complex area of

occupational safety and health and without whose help I would stay in some of the maze of this

area.

Prof. dr Petar Bulat

Content 1 LAW ENACTION FRAME AND POLICY ................................................................... 13

1.1 Requirements for Occupational Safety and Health ................................................... 13

1.2 Occupational Safety and Health Law (‘’RS Official Gazette’’, no. 101/05, 91/15 and

113/17 – other law) .............................................................................................................. 14

1.3 Legislations Directly Related to Occupational Safety and Health Basic Aspects

Enacted / Issued by the Government of the Republic of Serbia and the Authorized Ministries

17

1.3.1 Legislations Governing Occupational Safety and Health .................................. 17

1.3.2 Legislations Regulating Labor Inspection ......................................................... 25

1.3.3 Legislations that Regulate Insurance and/or Compensation due to Occupational

Injury and diseases (including Occupational Disease and occupational Injury list eligible

for Compensation) as well as Registering and Reporting Requirements ........................ 29

1.4 Laws and Legislations Covering Aspects of Occupational Safety and Health Enacted

by Other Government Ministries ......................................................................................... 32

1.5 Occupational Safety and Health National Policy ...................................................... 34

1.6 Abstract ..................................................................................................................... 36

1.7 Situation Analysis and Recommendations ................................................................ 36

1.8 Law Enactment and Policy Frame Conclusion and Recommendations .................... 37

2 ACCORDANCE WITH INTERNATIONAL STANDARDS ........................................ 37

2.1 Implementation of International Standards’ Requirements into National Law and

Praxis 37

2.2 Abstract ..................................................................................................................... 43

2.2.1 Occupational Safety and Health National Law Concordance with Occupational

Safety and Health of the ILO Conventions ...................................................................... 43


2.4 Conclusion and Recommendations regarding Accordance with the International

Standards .............................................................................................................................. 44

3 ORGANIZATIONAL FRAMES AND MECHANISMS FOR ACCORDANCE .......... 44

3.1 Authority of the Occupational Safety and Health Directorate .................................. 44

3.2 Labor Inspection Services ......................................................................................... 45

3.2.1 Description ......................................................................................................... 45

3.2.2 Case Study ......................................................................................................... 46

3.2.3 Abstract .............................................................................................................. 48

3.3 Occupational Health Services ................................................................................... 49

3.3.1 Description ......................................................................................................... 49

3.3.2 Key activity abstract .......................................................................................... 53

3.3.3 Abstract of Proficient Personnel for Occupational Safety and Health .............. 54

3.4 Other Agencies or Institutions for Accordance ......................................................... 56

3.4.1 Role and Function of Judiciary related to Occupational Safety and Health ...... 56

3.5 National Council Organs for Occupational Safety and Health ................................. 57

3.5.1 The Occupational Safety and Health Council .................................................... 57

3.6 Occupational Accident and Disease Insurance Systems (Compensation for

Employees) .......................................................................................................................... 58

3.7 Occupational Safety and Health Information ............................................................ 59

3.8 Specialized Technical, Medical and Scientific Institutions related to Various Aspects

of Occupational Safety and Health ...................................................................................... 60

3.8.1 University and Faculty Courses related to Occupational Safety and Health ..... 60

3.8.2 The Research Departments and Institutions that Conduct Studies of Occupational

Safety and Health and Research ...................................................................................... 61

3.8.3 The Institutions that Conduct Training in Accordance with Law Requirements

62

3.8.4 The Institutions and Laboratories Specialized for Hazzard and Risk Assessment

(Chemical Safety, Toxicology, Epidemiology, Product Safety, etc.) .............................. 63

3.8.5 The Institute for Standardization ....................................................................... 65

3.8.6 The Professional Associations ........................................................................... 65

3.9 Coordination and Cooperation .................................................................................. 66

3.10 Situation Analysis and Recommendations ............................................................ 66

4 ROLE OF OCCUPATIONAL SAFETY AND HEALTH SOCIAL PARTNERS ......... 67

4.1 Social Partners Occupational Safety and Health Program ........................................ 67

4.1.1 Employer Organizations .................................................................................... 67

4.1.2 Employee Organizations .................................................................................... 68

4.2 Participation in National, Sector and Company Level .............................................. 70

4.2.1 Participation of the National Tripartite Board for Occupational Safety and Health

70

4.2.2 The Bipartite Boards .......................................................................................... 70

4.2.3 Participation on Company Level ....................................................................... 71

4.3 The Occupational Safety and Health Collective Negotiation ................................... 72

4.4 Abstract ..................................................................................................................... 73

4.4.1 Abstract of Particular Employers Responsibilities ............................................ 73

4.4.2 Abstract of Employee Rights and Obligations................................................... 74

4.4.3 Abstract of Rights and Responsibilities of Representatives for Occupational

Safety and Health ............................................................................................................. 75


5 ACTIVITIES AND FUTURE ACTIVITIES RELATED TO OCCUPATIONAL

SAFETY AND HEALTH ........................................................................................................ 76

5.1 Promotional Programs and Activities ....................................................................... 76

5.2 Creation of International Capacities for Technical Cooperation that Directly Relate to

Occupational Safety and Health........................................................................................... 77


6 OCCUPATIONAL SAFETY AND HEALTH RESULTS ............................................. 78

6.1 Registering and reporting occupational health issues and diseases .......................... 78

6.2 Occupational injury and disease Statistics ................................................................ 79

6.3 Indicators of effect .................................................................................................... 82

6.4 Situation analysis and recommendations .................................................................. 83

7 BASIC INFORMATION ................................................................................................. 83

7.1 Demographic data ..................................................................................................... 83

7.2 Economic data ........................................................................................................... 87

7.3 Healthcare statistics ................................................................................................... 90

8 Conclusions and recommendations for implementing occupational safety and health ... 91

9 Literature .......................................................................................................................... 93

List of Abbreviations

AISS- Alliance of Independent Syndicates of Serbia

CL-Criminal Law

EC- European Community

EEC - European Economic Community

EU-European Union

ILO-International Labor Organization

MoH-Ministry of Health

MoL- Ministry of Labor, Veterans' and Social Affairs

NALED-National Alliance for Local Economic Development

NIP- National integration plan

OSH-Occupational Safety and Health

OSHD-Occupational Safety and Health Directorate

PDIF- Pension and Disability Insurance Fund

RHIF- Republic Health Insurance Fund

SIOH-Serbian Institute of Occupational Health

ТАIEX- Technical Assistance and Information Exchange

UES- Union of Employers of Serbia

UBS "Nezavisnost"- United Branched Syndicates "Nezavisnost"

WHO-World Health Organization

List of Tables:

Table 1. Legislations Closely Governing Particular Law Enquiries ........................................ 17

Table 2. Legislations transposing the EU Directives to Domestic Laws ................................. 19

Table 3. Legislations currently under power as Lawful rules, if not discordant with Law. .... 22

Table 4. Legislations enacted by the Government of the Republic of Serbia .......................... 23

Table 5. Basic Legislations supervised by Labor Inspection:.................................................. 26

Table 6. Legislations that regulate the domain of Labor Inspection ........................................ 27

Table 7. Other Legislations related to Occupational Safety and Health .................................. 32

Table 8. The ILO Conventions that create the basis for the Occupational Safety and Health

System Organization in the Republic of Serbia ....................................................................... 38

Table 9. Legislations that Transpose EU Directives into National Law .................................. 40

Table 10. The Age Distribution of The Occupational Health Specialist in Serbia .................. 53

Table 11. The Number of Candidates Which Passed the Exam for Performing Occupational

Safety and Health Tasks Based on Their Qualifications 2006 - 2017. .................................... 62

Table 12. The Number of Occupational Injuries in Serbia 2009-2016. ................................... 79

Table 13. Age and Qualification Distribution of Serbian Working Age Population (Labor Force

Survey 2015.). .......................................................................................................................... 85

Table 14. Distribution of Formally and Informally Employed Population According to

Employment Type, Education, Occupation, Sex and Type of Settlement (IV Quartal 2015.) 86

Table 15. The Number of Business Subjects According to Sections of Economic Activities and

Size (2015) ............................................................................................................................... 88

Table 16. The Number of Employed According to Sections of Economic Activities and Size

(2015) ....................................................................................................................................... 89

Table 17. Republic of Serbia Gross Domestic Product 2008-2017. ........................................ 90

Table 18. Republic of Serbia Basic Health Statistics .............................................................. 90

List of Graphs

Graph 1. Evaluation of Occupational Safety and Health in the Republic of Serbia ................ 24

Graph 2. Evaluation of the Occupational Safety and Health Juridical Legislations of the

Republic of Serbia.................................................................................................................... 25

Graph 3. Necessity to Enact Occupational Safety and Health Special Regulations ................ 25

Graph 4. Satisfaction regarding concordance of Occupational Safety and Health Regulations

with the EU Regulations .......................................................................................................... 43

Graph 5. The contribution of Labor Inspection to the field of Occupational Safety and Health.

.................................................................................................................................................. 48

Graph 6. Satisfaction with the Occupational Health Services ................................................. 54

Graph 7. Support for Introduction of An Obligation for Employers to Provide Occupational

Health Services for All Employees .......................................................................................... 54

Graph 8. The contribution of Personnel for Occupational Safety and Health to the development

of the domain of Occupational Safety and Health. .................................................................. 56

Graph 9. Contribution of Judiciary Organs to the development of Occupational Safety and

Health. ...................................................................................................................................... 57

Graph 10. Enactment Support of Special Occupational Injury and Occupational Disease

Insurance .................................................................................................................................. 59

Graph 11. Support to implement courses regarding the area of Occupational Safety and Health

into the Republic of Serbia education. ..................................................................................... 61

Graph 12. Rating of offered courses and other forms of Occupational Safety and Health

Training .................................................................................................................................... 63

Graph 13. Rating of conducted Workplace and Working Environment Risk Assessment. .... 64

Graph 14. Rating of Service quality for organizations performing Occupational Safety and

Health Tasks............................................................................................................................. 64

Graph 15. Contribution of Non-Governmental Organizations to the development of the area of

Occupational Safety and Health............................................................................................... 66

Graph 16. Rating of syndicate contribution to the development of Occupational Safety and

Health ....................................................................................................................................... 70

Graph 17. Employer and Employee Cooperation rating in the area of Occupational Safety and

Health is unsatisfactory. ........................................................................................................... 72

Graph 18. Rating of contribution of the Board for Occupational Safety and Health to

improvement of Occupational Safety and Health at Employer level. ..................................... 72

Graph 19. Rating of Employer engagement to the development of Occupational Safety and

Health in their organizations. ................................................................................................... 74

Graph 20. Rating of Employee engagement in the development of Occupational Safety and

Health field............................................................................................................................... 75

Graph 21. Assessment of The Promotional Activities in The Field of Occupational Safety and

Health ....................................................................................................................................... 77

Graph 22. Incidence of Occupational Injuries in Serbia Per 100.000 Employees 2009-2016. 80

Graph 23. Incidence of Serious Occupational Injuries in Serbia Per 100.000 Employees 2009-

2016.......................................................................................................................................... 80

Graph 24. Incidence of Fatal Occupational Injuries in Serbia Per 100.000 Employees 2009-

2016.......................................................................................................................................... 81

Graph 25. Incidence of Occupational Diseases in Serbia In the Period 2000-2016. ............... 82

Graph 26. Complexity of Occupational Injury Reporting ....................................................... 82

Graph 27. Movement of The Population of Serbia In the Period 1948 - 2011 In Relation to The

Place of Residence ................................................................................................................... 84

Graph 28. Educational Structure of Serbian Population by Sex (Census Data From 2011) ... 84

1 LAW ENACTION FRAME AND POLICY

1.1 Requirements for Occupational Safety and Health

Occupational Safety and Health is a fundamental employee right verified by the International

Labor Organization Conventions, the EU Lisbon Agreement and the EU Directives.

Occupational Safety and Health is a right guaranteed by the Constitution of the Republic of

Serbia according to which everyone has the right to respect the dignity of one’s own

personality, to Labor, to Occupational Safety and no one can forfeit these rights. Women, youth

and disabled are enabled Special Occupational Safety and Health Rights and have Special

Labor Conditions, according to Law.

The Resolution of the Republic of Serbia Accession to the European Union (’’RS Official

Gazette’’, no. 112/04) and the Verification Law of Agreement of Stabilization and Accession

between the European Communities and their Member States, on one side, and the Republic

of Serbia, on the other (’’RS Official Gazette’’, no. 83/08), have made demands to establish

the Occupational Safety and Health System based on modern conditions of the EU market

economy.

The Occupational Safety and Health Strategy in the Republic of Serbia from 2013 to 2017

(’’RS Official Gazette’’, no. 100/13) promotes: application of Principles to Prevent

Occupational Injuries and Diseases, active participation of Occupational Health Services,

application of Labor Organizer Responsibility Principle for the domain of Occupational Safety

and Health Regulations, engagement of employee Representatives in areas of Occupational

Health and Safety, i.e. Boards for Occupational Health and Safety, deployment of Special

Occupational Injury and Disease Insurance to compensate damage, implementation of

Occupational Safety and Health in the educational system (elementary, high school and

university education), implementation of a unitary Occupational Injury and Disease Register,

continued education/training of professionals and personnel responsible for Occupational

Health and Safety and other personnel, promotion of Prevention Culture and examples of Good

Practice in this area, are the basic requirements in this sphere.

Rights associated with Occupational Health and Safety come from Labor Rights, so the legal

frame is already contained in the Labor Law, the Community-health Law, the Health Insurance

Law, the Pension and Disability Fund Law and many other Laws having in mind that the sphere

of Occupational Safety and Health has a multidisciplinary property.

Basic Principles defined by the aforementioned Strategy are:

Promotion: change in public awareness regarding the importance of Occupational Safety

and Health Regulations by organizing various promotional activities and campaigns.

Prevention: activities related to Occupational Safety and Health should focus on Preventing

Occupational Injuries, Diseases and Health Issues.

Most Occupational Injuries and Health Issues can be avoided, so Prevention is the most

cost-effective way to proactively solve the issue of Occupational Safety and Health.

Inclusion of everyone interested: improvements in the domain of Occupational Safety and

Health at Workplace and in Working Environment, can be accomplished best if all

participants in the Occupational Safety and Health System are included. In Working

Environment, concerning Employees carrying out labor tasks and Representatives for

Occupational Safety and Health Issues. On the level of the economy and the whole state,

including Employers, Syndicates, State Organs, NGOs, Educational institutions, Scientific

institutions, and other.

Responsibility: Employers have the greatest responsibility regarding Occupational Safety

and Health. Most important obligation of Employer is to ensure safe and healthy Working

Environment for Employees and include them in all discussions related to Occupational

Safety and Health Issues. The Employees are responsible for their own safety, which is

seen through their interaction with Working Environment.

Attainability: activities related to Occupational Safety and Health are based on the

application of the Occupational Safety and Health Regulations and increase in skills and

knowledge of system actors and reservation of necessary Funds for the application of those

Regulations is needed to create Conditions for safe and healthy Labor.

1.2 Occupational Safety and Health Law (‘’RS Official Gazette’’, no.

101/05, 91/15 and 113/17 – other law)

Emergence of new socio-economic relations (transition, change in capital ownership) fulfils

the prerequisites to completely synchronize the existing Occupational Safety and Health

Regulations with the demands concerning Documents of the ILO and the EU, which is an

obligation with respect to our State’s alignment.

The Republic of Serbia, in accordance with the attitude to accelerate the accession to the EU

as a full-pledged member-state and to access the Partnership for Peace, as a strategic national

goal, enacted the Resolution of Accession of the Republic of Serbia into the EU and later on

the Verification Law of the Agreement of Stabilization and Accession between the European

Communities and the Member States, on one side, and the Republic of Serbia, on the other.

The Occupational Safety and Health System is the interaction of numerous different elements,

those being Law-making, Inspection, Insurance, technical expertise and solutions,

Occupational Health Services and Community Health, media, education, research and other.

Occupational Safety and Health has since the beginning been in the process of constant

dynamic change. The aforementioned changes are a consequence of constant progress in

technology, manufacturing, professional and social relationships and the realization of the

importance of socio-economic consequences.

The Law is made as such that it relates to all activities (industrial, agricultural, commercial,

administrative, service, educational, cultural, medical, etc.), as well as to all Employees

performing any Labor for employer under any condition.

Exceptionally the Occupational Safety and Health Law is not applied for specific activities,

such as military (war operations), police (specific interventions) and civil protection service

(interventions in the conditions of higher power activities), which is specially provisioned by

the Occupational Safety and Health Changes and Updates Law, however even in those

conditions Occupational Safety and Health must be ensured in the highest of regards. The Law

does not apply to household assistance staff and to self-employed. Nonetheless, the State has

an obligation to educate the self-employed about the Occupational Safety and Health

Regulations which is provided for by the means of the Action Plan to implement the

Occupational Safety and Health Strategy of the Republic of Serbia.

The Occupational Safety and Health System is based on the application of the Occupational

Injury, Disease or Health Issue Preventive Regulations concerning the Employee before

commencement and during labor on Workplace or Working Environment. This principle of

Occupational Risk Prevention is promoted by the EU Directives (Council Directive

89/391/EEC of the 12th of June year 1989, concerning measures to promote improvement of

employee Occupational Safety and Health during labor, as well as other special Directives

enacted based on Article 16 of this Directive).

Documents of the ILO, and especially the EU Documents, and other key Acts, such being the

European Social Bill from the year of 1996 and the Risk Assessment Guidelines – Luxembourg

in the year 1996, promote the principle of Occupational Workplace and Working Environment

Risk Assessment.

Having in mind the goal of this Law (reduction of Occupational Injuries, Diseases and Health

Issues) the basic elements are:

Implementation and Application of Preventive Measures before Labor commences;

The Responsibility of the Employer to apply the Occupational Safety and Health

Regulations, that cannot be accounted for by other persons;

Risk Assessment of every Workplace and Working Environment;

Engagement of Occupational Health Services to monitor the health condition of

Employees;

Greater Rights of Employees to partake in the application of the Occupational Safety and

Health Regulations via Employee Representatives;

The Responsibility of the Employer to perform Occupational Safety and Health Tasks

(determining the person that performs Occupational Safety and Health Tasks – a person is

to pass an exam to prove practical ability to carry out these activities);

Founding of the Occupational Safety and Health Directorate;

Implementation of the principle to grant Licenses for personnel carrying out Occupation

Safety and Health Services;

Supervision of application of this Law via integrated Occupational Inspection;

High Court Fines, etc.

The Occupational Safety and Health Law (’’RS Official Gazette’’, no. 101/05), is enacted on

the November of 2005, and the Changes and Updates Law of Occupational Safety and Health

Law enacted on the 5th of November 2015, that came into action on the 13th of November the

same year (’’RS Official Gazette’’, no. 91/15). In the year of 2014 changes and updates of the

Occupational Safety and Health Law were discussed for multiple reasons.

One of the reasons is in the fact that the Law (basic text) is enacted in the year of 2005 which

means it is applied for ten years, and in the meantime, changes were made to the economy, and

the domestic and the EU Regulations made effect to the functioning of the Occupational Safety

and Health System.

The Occupational Safety and Health Law is mostly concordant with the Council Directive

89/391/EEC, so the Changes and Updates Law were discussed in relation to further, more

complete accordance with the aforementioned Directive.

The reason changes and updates of the Occupational Safety and Health Law were made is also

because of the fact that in the past when this Law was applied numerous Legislations directly

associated with the implementation of Occupational Safety and Health from other domains

supported by this Law were enacted, such as: Legislations concerning Product Safety and

Technical Standardization, Legislations concerning Ecology, Forest Fire Protection, Protection

of Young Females, Women, Disabled etc. so it is for this reason necessary for changes and

updates to be made to the Occupational Safety and Health Law and harmonize it with the new

Requirements that came forth from these Legislations.

The application of Occupational Safety and Health Law makes evident that some Regulations

are to be corrected for further and more efficient implementation.

Occupational Safety and Health Law is composed of twelve key Chapters, those being:

Basic Regulations

Application of Preventive Measures

Obligations and Responsibilities of Employers

Rights and Obligations of Employees

Occupational Safety and Health Tasks Organization

The Role and Importance of Occupational Safety and Health Employee Representatives

Registering, Associating and Reporting;

Proficiency Exam and License Issuing;

Authority of Occupational Safety and Health Directorate,

National Recognitions,

Supervision,

Juridical, Transitional and Final Regulations.

1.3 Legislations Directly Related to Occupational Safety and Health Basic

Aspects Enacted / Issued by the Government of the Republic of Serbia

and the Authorized Ministries

1.3.1 Legislations Governing Occupational Safety and Health

Coming from the fact that the Occupational Safety and Health Regulations are applied to all

activities (industrial, agricultural, commercial, administrative, service, educational, cultural,

medical, etc.) as to all Employees performing Labor for Employer under any Condition, it

should be stated that this domain is provided with a list of lesser Legislations that confirm the

particular and preventive regulations based on the type of activity concerned.

Table 1. Legislations Closely Governing Particular Law Enquiries

Legislation Name Published

Program, Methodology and Cost Rulebook regarding

Completion of Practical Exam to perform

Occupational Safety and Health Tasks and Person

Responsible Activities

(„RS Official Gazette”, no.

111/13, 57/14, 126/14 and

111/15)

Requirements and Cost Rulebook regarding Issuing

Licenses to perform Occupational Safety and Health

Tasks


112/13, 57/14 and 102/15)

Methodology Rulebook regarding Occupational

Safety and Health Requirement Verification

Completion


60/06)

Cost of Requirement Completion Verification Process

Rulebook regarding Occupational Safety and Health

(„RS Official Gazette”,

number 111/13)

Methodology and Algorithm Rulebook regarding

Workplace and Working Environment Risk

Assessment


72/06 and 84/06-correction,

30/10 and 102/15)

Content and Methodology Rulebook regarding

Occupational Injury and Disease Report


72/06, 84/06-correction and

04/16)

Utilized Equipment Inspection (Examination) Process

and Examination regarding Working Environment

Conditions


94/06 and 108/06-

correction, 114/14 and

102/15)

Rulebook regarding Occupational Safety and Health

Registry


number 62/07 and 102/15);

Previous and Periodic Medical Examination Rulebook

regarding Employees performing High Risk Labor


120/07 and 93/08)


Program, Method and Cost of Practical Exam

Preparation and Completion Rulebook regarding

Project Draft Coordinator activities and Proficiency

Exam for Constructor Coordinator activities


113/13, 57/14 and 111/15)

Detailed Project Content Rulebook regarding

Construction Site Organization


number 121/12 and 102/15)

Theoretical Skill Improvement Program and Other

Inquiries Rulebook regarding Occupational Safety and

Health Personnel Theoretical Improvement

("RS Official Gazette", no.

108/2017)

Table 2. Legislations transposing the EU Directives to Domestic Laws

Legislation Name Published The EU Legislation

Occupational Safety and Health

Statute regarding Temporary or

Mobile Construction Sites

„RS Official

Gazette“ no.

14/09, 95/10

Council Directive 92/57/ЕЕZ

regarding Occupational Safety and

Health Minimal Requirements for

Temporary or Mobile Construction

Sites


Preventive Regulations Rulebook

regarding Utilization of Protective

Equipment and Devices for Labor

(this Rulebook abolishes

Rulebook for Means of Personal

Protection during labor and

Personal Protective Garment

“SFRY Off. gazette’’, number

35/69)

„RS Official

Gazette” no.

92/08

Council Directive number

89/656/ЕЕZ regarding


Minimal Requirements for

Employee Personal Protective

Equipment Utilization



regarding Labor at Workplace

(this Rulebook abolishes

Occupational Safety General

Regulations Rulebook for

Workplace and Accessory

Facilities (“SRS off. gaz., number

29/87)

„RS Official

Gazette” no.

21/09


89/654/EEC regarding



Employees at Workplace



regarding Labor Equipment

Utilization (this Rulebook

abolishes Occupational Safety

Regulations and Norms Rulebook

for Protection during Labor and

Utilized Labor Equipment “SFRY

Off. Gaz.”, 18/91)

„RS Official

Gazette” no.

23/09, 123/12

and 102/15


89/655/EEC regarding


Minimal Requirements while

Utilizing Labor Equipment at

Workplace



regarding Manual Load Handling

„RS Official

Gazette” no.

106/09

Council Directive no. 90/269/EEC



Manual Load Handling where

Employee Back Injury Risk Exists




regarding Display Screen

Equipment Utilization

„RS Official

Gazette” no.

106/09 and

93/13


90/270/ЕЕZ of 29/5/1990



Display Screen Equipment

Operations


Preventive Regulations Statute

regarding Exposure to Asbestos

„RS Official

Gazette” no.

108/15

European Parliament and Council

Directive no. 2009/148/ЕZ

regarding Employee Protection

concerning Workplace Exposure

to Asbestos (Codified Version)



regarding Exposure to Chemical

Agents

„RS Official

Gazette” no.

106/09 and

117/17

Council Directive no. 98/24/ЕZ


Health Employee Exposure to

Chemical Agents on Workplace



regarding Deep Mining

Exploitation Works of Mineral

Ore

„RS Official

Gazette” no.

61/10


Directive no. 92/91 ЕЕZ regarding


improving Occupational Safety

and Health of Employees

performing Deep Exploitation of

Mineral Ore


Statute regarding Preventive

Regulations for Underground and

Surface Exploitation Works of

Mineral Ore

„RS Official

Gazette” no.

65/10


Directive 92/104/ЕЕZ regarding

Minimal Requirements to Improve

Occupational Safety and Health of

Employees performing

Underground and Surface

Exploitation of Mineral Ore

Industry


Statute regarding Fishing Vessels

Labor

„RS Official

Gazette” no.

70/10

Directive 93/103/ЕZ European

Parliament and Council regarding


Minimal Requirements for Fishing

Vessels Labor


Labelling Rulebook

„RS Official

Gazette” no.

95/10

Council Directive no. 92/58/ЕЕZ

regarding Minimal Requirements

of securing Occupational Safety

and/or Health Labels (Tags)




for Exposure to Biologic Hazards

„RS Official

Gazette” no.

96/10



regarding Protection of Employees

from Exposure to Biologic

Hazards at Workplace



regarding Exposure to Vibrations

„RS Official

Gazette” no.

93/11



regarding Minimal Protection of

Employees from Exposure to

Physical Hazards (Vibrations)

Risk



regarding Exposure to Noise (this

Rulebook abolishes Occupational

Safety Norms and Regulations

Rulebook for Exposure to Noise

in Labor Facilities SFRY Official

Gazette, no. 21/92)

„RS Official

Gazette” no.

96/11 and 78/

015


Directive number 2003/10/EC

regarding Employee Exposure to

Risks caused by Physical Factors –

Noise



regarding Exposure to

Carcinogens or Mutagens

„RS Official

Gazette” no.

96/11 and

117/17


Directive 2004/37/EC regarding

Employee Protection from Risks

related Exposure to Carcinogen

and Mutagen at Workplace



regarding Atmospheric Explosion

Risk

„RS Official

Gazette” no.

101/12 and

12/13-

correction

Directive number 1999/92/EC

from European Parliament and

Council regarding Minimal

Requirements to Improve


Employees Exposed to Gas

Explosion Risk



regarding Exposure to

Electromagnetic Field

„RS Official

Gazette” no.

111/15

Directive 2013/35/ЕU regarding



Employees Exposed to Risks

related to Physical Hazards

(Electromagnetic Fields)




regarding Exposure to Artificial

Optic Radiations

„RS Official

Gazette” no.

120/12 and

29/13-

correction


Directive 2006/25/EC regarding

Protection of Employees from

Risks of Exposure to Physical

Hazards - Artificial Optic

Radiation;

Table 3. Legislations currently under power as Lawful rules, if not discordant with Law.


Labor Safety Special Regulations Rulebook

regarding Non-metal Mineral Processing

„SRS Official Gazette”, no. 2/83


regarding Railroad Traffic Engineering



regarding Ferrous Metallurgy



regarding Forestry



regarding Mechanical Processing of Wood and

Similar Materials


Labor Safety General Regulations Rulebook

regarding Electrical Hazards at Labor Objects, Labor

Facilities and Labor Workplaces intended for Labor


Labor Safety Rulebook regarding Construction

Works


Sanitary and Technical Safety Regulations Rulebook

regarding Quarries and Brickworks, also for

Extraction of Clay, Sand and Gravel

„SRS Official Gazette”, no.

69/48, except Art. 58. – 61

Technical and Medico-technical Safety Regulations

Rulebook regarding Chemical Technology

Operations


– Add. number 9;

Sanitary and Technical Safety Regulations Rulebook

regarding Underwater Diving Labor


Sanitary Technical Safety Regulations Rulebook

regarding Port Transport Operations



Labor Safety Rulebook regarding Thermal

Processing of Light Metal Alloy Furnishings in

Nitrate Salt Baths


Labor Safety Rulebook regarding Motor Vehicle

Maintenance and Motor Vehicle Transport


Labor Safety Rulebook regarding Vehicle Loading

and Unloading


Labor Safety and Technical Regulations Rulebook

regarding Acetylene Developer Personnel and

Acetylene Stations

„SRS Official Gazette”, no. 6/67,

29/67, 27/69, 52/90, 2/92, 6/92

Order to Ban Motor Fuel for Degreasing, Washing

and Cleaning of Metal Parts of Objects of Other

Material


Labor Safety Rulebook regarding Agriculture „SRS Official Gazette”, no. 34/68

Employee Accommodation and Food Rulebook, i.e.

Means of Transportation from Home to Workplace

and Vice Versa


Labor Safety Rulebook regarding Explosives

Manufacture and Manipulation of Explosives and

Gunpowder


Special Safety Norms and Regulations Rulebook

regarding Processing and Furnishing of Leather, Hide

and Leather Scraps


First Aid Protocol and Rescue Service Organization

Equipment and Protocol for Labor Emergency

Situations Rulebook


Abolishment of Sanitary and Technical Safety

Regulations Rulebook regarding Hemp Facilities

„SRS Official Gazette”, no.

112/09

Annulment Guide regarding Supervision Method

Guide to Verify Legislations regarding Labor Safety

of Manufacturing Facilities for Particular Military

Purposes


Table 4. Legislations enacted by the Government of the Republic of Serbia


Occupational Safety and Health Strategy of the

Republic of Serbia for year 2013 to 2017

„RS Official Gazette”, number

100/13


Occupational Safety and Health Strategy

Implementation Action Plan for year 2013 to 2017


81/14

Decision to Enact the Occupational Safety and Health

Day in the Republic of Serbia


17/10

Decision to Found the Occupational Safety and

Health Council in the Republic of Serbia

„RS Official Gazette”, no. 40/05

and 71/07

Revised European Social Bill Verification Law „RS Official Gazette –

International Contracts”, no.

42/09

1.3.1.1 Occupational Safety and Health Survey in the Republic of Serbia Questionnaire results1 show that the majority of participants marked the status of Occupational

Safety and Health in the Republic of Serbia as satisfactory (graph 1). Also, in majority, the

Questionnaire participants marked juridical Legislations as satisfactory (graph 2). Almost all

Questionnaire participants deem that it is necessary to enact special Regulations in the domain

of Occupational Safety and Health (graph 3).

Graph 1. Evaluation of Occupational Safety and Health in the Republic of Serbia

1 In this research a Questionnaire was completed via ’’on-line’’ platform ’’Google Forms’’. Information

regarding the Questionnaire as well as an invitation to participate was forwarded to ’’e-mail’’ addresses of the

Occupational Safety and Health Association members, Occupational Safety and Health Good Praxis Club and

published on web pages belonging to Occupational Safety and Health Association and “Beopreventiva”

company. For the period of 14/02/2018 to 7/3/2018 the call was answered by 53 persons. Majority of people that

participated in the Questionnaire (64.8%) were Occupational Safety and Health personnel, of them 24.1% are

directors. The majority of participants (38.9%) work in companies that have over 250 employees, 25.9% work

in companies with up to 9 employees and 24.1% are in organizations with 50 to 249 employees. The minority of

participants (11.1%) work in companies with 10 to 49 employees. Besides basic information, the participants

answered 23 questions with multiple choices given.

23%

38%

26%

11%2%

Non-satisfactory

Satisfactory

Good

Very good

Excellent

Not applicable

Graph 2. Evaluation of the Occupational Safety and Health Juridical Legislations of the

Republic of Serbia

Graph 3. Necessity to Enact Occupational Safety and Health Special Regulations

1.3.2 Legislations Regulating Labor Inspection

Labor Inspectorate, as a governing organ of the Ministry of Labor, Veterans' and Social Affairs

is promoted by the Ministry Law (“RS Official Gazette”, no. 44/14,14/15,54/15,96/15- other law

and 62/17).

Labor Inspectorate, performs Inspectional Labor and related proficient Labor in the domain of

Labor Relations and Occupational Safety and Health that applies to: regular and control

Supervision; Registering Fatalities, Severe and Collective Occupational Injuries; Occupational

Safety and Health Requirement Completion Verification, before the commencement of

Employer Labor, as to other Labor defined by Law.

Authorizations and Duties of Labor Inspector is regulated by the State Governance Act (''RS

Official Gazette“, no. 20/92, 48/93, 79/05 and 101/07), the Labor Law ("''RS Official Gazette

", no. 24/05, 61/05 and 54/09), the State Organ Labor Relations Law ("''RS Official Gazette ",

7%

32%

26%

25%

6%4%

Non-satisfactory

Satisfactory

Good

Very good

Excellent

Not applicable

91%

2%7%

Yes

No

No opinion

no. 48/91, 39/02 and 79/05) and the Occupational Safety and Health Law (''RS Official Gazette

", no. 101/05, 91/15 and 113/17).

Table 5. Basic Legislations supervised by Labor Inspection:


Labor Law „RS Official Gazette”, no. 24/05,

61/05, 54/09, 32/13 and 75/14, 113/17

Occupational Safety and Health Law „RS Official Gazette”, no. 101/05,

91/15 and 113/17 – other law

Volunteering Law „RS Official Gazette”, no. 36/10

Law to Stop Occupational Harassment „RS Official Gazette”, no. 36/10

Protection of Population from Exposure to Tobacco

Smoke Law


Law concerning Peaceful Resolve of Labor

Disputes

„RS Official Gazette”, no. 125/04,

104/09

Strike Law „FRY Off. Gazette", no. 29/96 and

„RS Off. Gazette", no. 101/2005 –

other law

Requirements Law for Referring Employees

Abroad on Temporary Labor and Their Protection

„RS Official Gazette”, no. 91 /15

Statute regarding Definition of Hazardous Labor for

Children

„RS Official Gazette”, no. 53 /17

Besides Legislations mentioned herein, the Labor Inspection also supervises other Laws and

Legislations. Labor Inspection supervises the application of General Collective Contracts,

Collective Contracts (Special and Individual), General Acts and Labor Contracts that manage

Rights, Obligations and Responsibilities of Employees belonging to Organizations, Juridical

Persons and Other Forms of Organization, as well as Establishments.

The Labor Inspector is authorized while performing Inspectional Supervision for the Employer

to:

• Examine General and Individual Acts, Registries and Other Documentation;

• Examine Statements from Responsible and Interested Parties;

• Examine Labor Facilities, Objects etc.

• Process Citizen, Employee and Other Physical and Juridical Body Reports.

• Propose Solutions for Regulation Application and Actions to Remove Determined Law

Offense,

• Submit Applications to Organs authorized for Criminal Offense or Economic Crimes,

• Submit Request to Actuate Delictual Process,

• Inform Other Organs if reasons exist for which the Organ is authorized to Act,

• Actuate Initiatives to Stop Legislation Execution, or to Annul or Abolish Legislations

or Other General Acts discordant with the Constitution or Law,

• Execute in Cases of Irregular Labor Contract Annulment, Decrees to Postpone from

Execution Contract Annulment, returns Employee to Labor until Juridical Process is

Completed.

During Supervision activities, the Labor Inspector must have an official Proof of proving

him/her as an Inspector.

Supervision is performed for domestic and foreign Juridical and Natural Bodies that have

Employees, i.e. have an Employer status.

Inspection is executed by official duty or by Party request. In the process of inspectional

supervision, the Labor Inspector has the right and the duty to take action, to control the domain

of Occupational Safety and Health and especially Sanitary and Technical Conditions,

Manufacture, Distribution, Utilization and Maintenance of Labor Devices, Personal Protection

Devices and Equipment, Dangerous Materials and Other.

Labor Inspector is obliged to immediately Supervise, after Employer Reports every Fatality,

Severe or Collective Occupational Injury, as well as any dangerous event that could jeopardize

Occupational Safety and Health, i.e. immediately after the received request, i.e. Report

submittal.

Labor Inspection is to order the Employer, and the Employee to take actions and activities to

remove causes of Injuries, Occupational Safety and Health Hazards, and measures that can

Prevent Injuries and lessen or remove Safety and Health Hazards.

Labor Inspector is due, for the duration of employee Safety and Health Hazard, to forbid Labor

at Workplace of Employer.

Health Inspector can order the execution of General Authorized Regulative that can remove

the Labor Hazard or lessen employee Health Risk, in the scope of possibilities.

In cases where Employer has not ensured necessary Safety and Health Regulations, the labor

Inspector submits request to actuate delictual process.

Table 6. Legislations that regulate the domain of Labor Inspection


Administrative Dispute Law „RS Official Gazette”, no. 111/09

Inspectional Supervision Law „RS Official Gazette”, no. 35/15

General Process of Governing Law „RS Official Gazette”, no. 33/97

and 31/01 and „RS Official

Gazette”, no. 30/10

State Governance Law „RS Official Gazette”, no. 79/05,

101/07, 95/10, 99/14

Ministry Law „RS Official Gazette”, no. 44/14,

14/45 and 54/15

Common Elements Statute regarding

Inspectional Supervision Risk Assessment



Form Design and Method Statute regarding

Inspectional Supervision Registry


Delictual Law „RS Official Gazette”, no. 65/13

Program and Method Rulebook regarding

Inspector Exam


Form Design Rulebook regarding Official Proof

of Identity for Inspectors


General Form Rulebook regarding Inspectional

Supervision Record


Program and Method Statute regarding National

Proficiency Exam Completion


and 84/14

Common Elements Statute regarding

Inspectional Supervision Risk Assessment


Special Elements Rulebook regarding Risk

Assessment, Frequency of Inspectional

Supervision on Basis of Risk Assessment and

Special Elements Plan regarding Inspectional

Supervision of Labor Relations and


„RS Official Gazette” no. 117 /17

Form and Method Rulebook regarding Internal

Control of Labor Inspection for Work Relations

and Occupational Safety and Health, and Social

Welfare

„RS Official Gazette” no. 118/17

Especially important is the Inspectional Supervision Law (“RS Official Gazette”, no 36/15)

which is a systematic, state-of-the-art and reformed Law that governs the methodology of

Inspectional Supervision, authorizations and duties of Inspectional Supervision participators,

coordination of Inspectional Labor and better utilization of Inspectional resources. Special

attention should be paid to the introduction of checklists in the process of regular inspection.

The following checklists have been introduced:

• Checklist Inspection Control – Construction site

• Checklist - Integrated inspection control

• Checklist - Regular inspections in the field of labor relations

• Checklist - Regular inspection supervision over the application of the law on the

conditions for sending employees to temporary work abroad and their protection

• Checklist Inspection Control - General part in the field of occupational safety and

health

• Checklist for inspection in the field of occupational safety and health in forestry

Regarding Labor Inspection, the most important provision of the Inspectional Supervision Law

is the one broadening Labor Inspection authority to nonregistered subjects.

Labor Inspectors execute orders that comply nonregistered subjects to immediately actuate a

registering process in order to be registered into the proper Registry and forbids them to carry

out labor and perform activities until Requirements are fulfilled and to remove other registered

illegalities.

1.3.3 Legislations that Regulate Insurance and/or Compensation due to Occupational

Injury and diseases (including Occupational Disease and occupational Injury list

eligible for Compensation) as well as Registering and Reporting Requirements

The basis of ensuring Occupational Injury and Disease Insurance is contained in the ILO

Conventions (no. 102 and 121), promoting decent labor i.e. equal possibilities for men and

women to obtain a decent and productive job in the Conditions of freedom and equality, safety

and human dignity. Strategic goals of aforementioned Documents are, among others, Social

Welfare, and increase in Social Welfare scope and dignity for All.

Verifying the aforementioned Conventions (2000), our State has pledged to concord Law

concerning Social Welfare with the goals of Conventions. Social Welfare also implies Funds

due to Occupational Injury and Disease.

Rights implied in the Republic of Serbia by Social Welfare Conventions are related to

Insurance due to Occupational Injuries and Occupational Diseases and verified by the Health

Insurance Law (“RS Official Gazette”, no. 107/05, 72/09 – other law, 88/10, 99/10, 57/11,

119/12, 45/13– other law, 93/14, 96/15, 106/15), the Pension and Disability Insurance Fund

Law (“RS Official Gazette”, no. 34/03, 64/04 – RSCC decision, 84/04 – other law, 85/05,

101/05 – other law, 63/06 – RSCC decision, 5/09, 107/09, 101/10, 93/12, 62/13, 108/13, 75/14

and 142/14) and the Social Welfare Mandatory Contributions Law (“RS Official Gazette”,

no.84/2004, 61/2005, 62/2006, 5/2009, 52/2011, 101/2011, 7/2012 – corrected dinar amount,

8/2013 – corrected dinar ammount.,47/20013, 108/2013, 6/2014 – corrected dinar

ammount,57/2014, 68/2014 – other law, 5/2015 – corrected dinar ammount,112/2015, 5/2016

– corrected dinar ammount,7/2017 – corrected dinar ammount,113/2017 and 7/2018 –

corrected dinar amount).

The Health Insurance Law confirms, besides other, health Insurance right in cases of

Occupational Injuries and Occupational Diseases and encompasses health Insurance in cases

of Occupational Injury and Occupational Disease that is secured on Primary, Secondary and

Tertiary level.

This Law confirms that every Injury, Disease or Death is an Occupational Injury if it is due to

Labor Accidents, i.e. any unexpected or unplanned event during Labor caused by Labor or

related to Labor including violent acts resulting in Injury, Disease or Death of the Insurant

immediately or in the next 12 months from the moment of the event.

Every Disease caused by prolonged exposure to Hazards occurring at Workplace is deemed an

Occupational Disease.

The Pension and Disability Insurance Law also defines Occupational Injuries and Occupational

Diseases, so it is deemed that Occupational Injury is any Insurant injury that manifests in

spatial, temporal or causal relation to Labor for which Insurance exists, caused by direct and

short-acting mechanical, physical or chemical effect, sudden body movement, unexpected

encumbrance or other disruptions of physiological state of organism.

Occupational Injury is also an injury that the Insurant – Employee suffers while performing

Labor for which he is not appointed to but is performed in Employer’s interest for whom Labor

tasks are carried out.

Occupational Injury is also defined as such if it manifests during Employee's Travel, i.e. on his

regular route from home to Workplace or vice versa, during business trips or on way to

commence labor or in other cases defined by Law.

Occupational Injury is also a disease caused by immediate or exclusive effect of an unfortunate

event or the effect of higher forces during Labor activities and activities related to it for which

Insurance exists.

Occupational Injury is also defined as such if the Insurant suffers from it during the execution

of healthcare Rights due to Occupational Injuries and Occupational Diseases.

Occupational Diseases, are diseases defined for the duration of the Insurance, caused by

prolonged direct effect of Labor Processes and Conditions at Workplace, i.e. by Labor carried

out by the Insurant.

Social Welfare Mandatory Contributions Law defines Rates of Contribution that are calculated

and payed for Welfare Contributions, among others for Occupational Injury.

A verified list of Occupational Injuries does not exist in the Republic of Serbia, but the

Occupational Injury and Occupational Disease Register and Notifier of the International Labor

Organization is in utilization.

The list of Occupational Diseases is in the Republic of Serbia defined by the Occupational

Disease Verification Rulebook („RS Official Gazette”, no. 105/03) encompassing 56

Occupational Diseases.

Besides Insurance defined by Article 53 Provisions of the Occupational Safety and Health Law,

Employer’s obligation is to provide Insurance for Employees due to Occupational Injuries and

Occupational Diseases, in order to secure Compensation for suffered damage and loss. Also, it

is determined that financial resources for the Insurance of Employees are on the burden of

Employer and are defined in relation to Injury and Disease Risk Level at Workplace and in

Working Environment.

Insurance Requirements and Protocol concerning Occupational Injuries and Occupational

Diseases are defined by Law.

The Health Insurance Law and the Pension and Disability Insurance Law do not define the

issue of Employee protection from Occupational Injuries and Professional Diseases with

respect to damage Compensation, based on the content of this Article. Also, ruling Regulations

in the Republic of Serbia through mandatory Health and Pension and Disability Insurance do

not point in particular to Occupational Injuries and Occupational Health Issues Contributions,

i.e. Contributions on this basis. The Insurance system needs reformation for it poses a series of

questions, such as Employer’s Responsibility to financially Compensate in cases of

Occupational Injuries and Health Issues when Health Safety Regulations were not exercised,

appropriate Compensation for Injuries and Diseases suffered during Labor, as well of the

Employer motivation to invest in Preventive Measures required for safe and healthy Work

operations.

Lack of appropriately legislations concerning Damage Compensation related to Occupational

Injuries or Occupational Diseases causes lengthy court trials so that Employee who suffered

from Occupational Injuries or Occupational Diseases hardly receives the right compensation.

Advantage of ensuring Damage Compensation Regulations in relation to Occupational Injuries

and Diseases is to motivate the Employer to Invest more in Safety and Health Measures, to

remove and to decrease the rate of Occupational Injuries and Diseases.

This type of Insurance is directly proportional to Workplace and Working Environment Risk

Level and is Employer’s Responsibility.

In the following period, Occupational Injury and Disease Insurance should be especially

focused on, and which would result in Employer’s understanding of importance to Invest in

Health Safety Measures not in sense of expenditure but in economic gain, as for the employer

so for Employees and for the society as whole. Collective Employer Contracts often provide

for this issue and the Employees are Insured by Insurance Companies in accordance with

Assets and Parties Insurance for unfortunate events, including the Insurance concerning

Occupational Injuries and Diseases. Basic fault of this type of Insurance is that the Insurance

Premium is not in accordance with real damage that Employee endures due to Occupational

Injuries and Diseases.

Article 49 Provision of the Occupational Safety and Health Law enacts Employer’s duty to

register and keep, among others, the Register concerning Occupational Injuries and Diseases.

This obligation is implied in the ILO conventions and the EU Directives related to exercising

Occupational Safety and Health Rights and Labor Inspection duties in the act of Occupational

Injury Report (Convention no. 81, 179, 155 and other). The obligation to Register Occupational

Injuries and Diseases is defined by the Occupational Safety and Health Registry Rulebook

(„RS Off. Gazette”, no 62/07 and 102/15), and Reporting Occupational Injuries and Diseases

is defined by the Form and Content Rulebook regarding Occupational Injury and Disease

Report („RS Official Gazette”, no. 72/06, 84/06 and 04/16).

Obligation of Employer to Register and Report Occupational Injuries and Diseases is enacted

by Article 50 and 51 Provisions of the Occupational Safety and Health Law. To objectively

perceive the factual state of the Occupational Injury event, and to determine the true source

and cause of the Occupational Injury, Inspector is needed to the place of the injury as soon as

possible, to determine the facts and gather required data. For these reasons, Employer is due,

and up to 24 hours of the event, to immediately Report in written and oral form to authorized

Labor Inspection and Internal Affairs institution every Fatality, Collective and Severe

Occupational Injury, an occupational injury for which an Employee is not capable of working

for three consecutive days, as well as any dangerous event2 that could jeopardize the Safety

and Health of Employees.

2 Law on Occupational Safety and Health, in the provision of Article 4 defines the notion of "dangerous event,"

which claims: "A dangerous event is an event that is endangered or could endanger the life and health of an

An obligation of Labor Inspection, enacted in the ILO Convention no. 81, is to above all

immediately Examine the state of the place where the Occupational Injury manifested and to

execute authorized actions, so no repetition of same or similar Employee Injuries is to be, the

essence of Supervision regarding Occupational Injuries being the implementation of

Occupational Safety Regulations.

1.4 Laws and Legislations Covering Aspects of Occupational Safety and

Health Enacted by Other Government Ministries

Having in mind that the domain of Occupational Safety and Health is multidisciplinary and is

secured by applying state of the art technical, medical, educational, social, organizational and

other Regulations, is regulated besides Legislations in the area of Occupational Safety and

Health, by other Legislations in the appropriate domains.

Table 7. Other Legislations related to Occupational Safety and Health


Health Insurance Law “RS Official Gazette”, no. 107/05,

109/05-correction, 57/11, 110/12 - CC,

119/12, 99/14,123/14, 126/14 - CC and

106/15

Community Health Law “RS Official Gazette”, no. 107/05,

72/09 – other law, 88/10, 99/10, 57/11,

119/12, 45/13– other law, 93/14, 96/15,

106/15

Pension and Disability Insurance Law “RS Official Gazette”, no. 34/03, 64/04

– RSCC decision, 84/04 – other law,

85/05, 101/05 – other law, 63/06 –

RSCC decision, 5/09, 107/09, 101/10,

93/12, 62/13, 108/13, 75/14 and 142/14

Business Associations Law “RS Official Gazette”, no. 36/11, 99/11,

83/14-other law and 5/15

Economic Chambers Law “RS Official Gazette”, no. 112/2015

Criminal Law “RS Official Gazette”, no. 85/05, 88/05-

correction, 107/05-correction, 72/09,

111/09, 121/12, 104/13 and 108/14

Socioeconomic Cooperation Unit Law “FRY Off. Gazette”, no. 41/96 and

12/98 and „RS Official Gazette”,

no.101/05 – other and 34/06

employee or there is a risk of injury to an employee". The term "dangerous event" is an evident event that can

endanger the life and health of an employee and has to be addressed by applying measures for safe and healthy

work. In accordance with Article 49 of this Law, the employer is obliged to keep records of occurrences of

dangerous events, which is regulated by the Regulations on Occupational Health and Safety Records.


Socioeconomic Council Law “RS Official Gazette”, number

125/2004

Adult Education Law “RS Official Gazette”, number 55/13

Red Cross of Serbia Law “RS Official Gazette”, no. 107/05

Chemicals Law “RS Official Gazette”, number. 36/09,

88/10, 92/11, 93/12 and 25/15

Ecology Law “RS Official Gazette”, no. 135/04,

36/09, 36/09-other law, 72/09-other law

and 43/11- CC decision and 14/2016

Fire Protection Law “RS Official Gazette”, no. 111/09 and

20/15

General Product Safety Law “RS Official Gazette”, no. 41/09

Market Supervision Law “RS Official Gazette”, no. 92/11

Accreditation Law “RS Official Gazette”, no. 73/10

Standardization Law “RS Official Gazette”, no. 36/09 and

46/15

Construction and Planning Law “RS Official Gazette”, no. 72/09, 81/09-

correction, 64/10 – CC decision, 24/11,

121/12, 42/13 – CC decision, 50/13 –

CC decision, 98/13 – CC decision,

132/14 and 145/14

Technical Requirements for Products Law

and Compatibility Evaluation

“RS Official Gazette”, no. 36/09

Occupational Rehabilitation Law and

Employment of the Disabled


Officials Law and Letters “RS Official Gazette”, no. 45/91,

53/93,67/93, 48/94, 101/05 – other law

and 30/10

Protection of Personal Data Law “RS Official Gazette”, no. 97/08,

104/09- other law, 68/12 – CC decision

and 107/12

Waste Management Law “RS Official Gazette”, no. 36/09 and

88/10

Employment and Unemployment Insurance

Law

“RS Official Gazette”, no. 36/09, 88/10

and 38/15


Criminal Sanctions Law “RS Official Gazette”, no. 55/14

High School Education and Upbringing Law “RS Official Gazette”, no. 55/13 and

101/17

University Education Law “RS Official Gazette”, number 88/17

Dual Education Law “RS Official Gazette”, no. 101/17

Delictual Law “RS Official Gazette”, no. 65/13

Resolution of Accession of the Republic of

Serbia to the EU


Confirmation Agreement of Stabilization and

Accession Law between The European

Community and Their Member States and The

Republic of Serbia


Confirmation Law regarding Revised

European Social Bill

“RS Official Gazette – International

Acts”, number 42/09

Labor Classification Statute “RS Official Gazette”, no. 54/10

Rulebook of Scientific and Art, i.e.

Proficiency Domains regarding Educational

Scientific and Educational Art Spheres

“RS Official Gazette”, no. 30/07,

112/08 and 72/09

Major Requirements Rulebook regarding

Healthcare Labor in Medical Institutions and

Other Forms of Healthcare Services

“RS Official Gazette”, no. 43/06,

112/09, 50/10, 79/11, 10/12-10/12-

another rulebook, 119/12–other

rulebook and 22/13

Rulebook for Machine Equipment Safety “RS Official Gazette”, no. 13/10

Rulebook for Personal Protection Equipment “RS Official Gazette”, no. 100/11

1.5 Occupational Safety and Health National Policy

The Occupational Safety and Health National Policy is adopted by the Occupational Safety and

Health Council in year 2006. This resulted in national improvement of the Occupational Safety

and Health System, stimulated education and development of Labor Culture in the sphere of

Occupational Safety and Health with the ultimate goal of decreasing Occupational Injuries,

Occupational Diseases and Occupational Health Issues.

The basis of the National Policy draft is contained within the Statutes of Articles 4 and 7 of the

ILO Convention no. 155 regarding the Occupational Safety and Health of the Working

Environment (year 1981), Article 3 Statute of the Revised European Social Act from 1996 and

the ILO Convention no. 187 regarding the Occupational Safety and Health Promotional Frame

in 2006, which define consulting with Social Partner Representatives to formulate, execute and

periodically revise the unitary Occupational Safety and Health National Policy.

The goal of this Policy is to improve and ensure health of work-able population, improvement

of Labor Conditions in order to Prevent Occupational Injuries and Occupational Diseases as

much as possible, and to remove Occupational Risk. The National Policy contains Vision with

a purpose and a course for future development of the Occupational Safety and Health System

in the Republic of Serbia and Mission to focus on Preventing Occupational Injuries and

Diseases as well as access to small and medium company sector, high-risk professions and

especially vulnerable Employee groups.

Vision of the Policy is to help balance the socioeconomic development and progress of the

Republic of Serbia fully respecting the Occupational Safety and Health Legislations with the

intention to raise awareness in this domain, i.e. to develop Labor Culture and to create

Conditions of professional prosperity, professional quality of life and good health.

Mission of the Policy is based on developing Occupational Safety and Health Labor Conditions

to maximally decrease Occupational Injuries, Occupational Diseases and Occupational Health

Issues.

The Mission is mostly focused on the sector of small and medium Companies creating

presumptions to improve the implementation of enacted Occupational Safety and Health

Regulations.

High-risk Labor (construction, wood processing activities, chemical industry, agriculture, and

other) as well as especially Sensitive Employee Groups (pregnant women, the young and

others) will be specially strengthened through campaigns, educations and similar.

The Mission of Occupational Safety and Health National Policy has set into motion:

• Promotion of National Prevention Culture development in the domain of Occupational

Safety and Health (raising awareness and informing the public);

• Stopping Occupational Injuries, Occupational Diseases and Occupational Health Issues

by decreasing Risks at Workplace and in Working Environment to the least possible

measure in accordance with Law and Praxis.

Basic elements of the National Policy are:

• Erection, Maintenance, Progressive Development and Periodical Revisement of the

Occupational Safety and Health System by consulting Employer and Employee

Representative Organizations;

• Enaction of Laws, Legislations, Collective Agreements and other instruments of Law

concerning Occupational Safety and Health;

• Implementation of Special Occupational Injury and Disease Insurance;

• Education of able Parties (government, employer and employees) Responsible for

Occupational Safety and Health in accordance with Law and Praxis;

• Definition of Priorities regarding problems concerning Occupational Safety and Health

in:

o Small and medium-size Companies,

o High-risk Sectors (construction, chemical industry, agriculture and similar),

o Especially Sensitive Employee Groups (women, children, youth, migrants,

labor at home).

• Adoption of Mechanisms and Procedures to implement Legislations concerning

Occupational Safety and Health (Integrated Labor Inspection);

• Promotion and Cooperation in the field of Occupational Safety and Health on all levels

of Employer, Employee and State Organizations (Employers Union, syndicates,

Inspection, Pension, Disability, Community-Health Insurance Funds, NGOs and

others);

• Initiation to implement Legal Proposals regulating financial and Budget resources in

the sphere of Occupational Safety and Health;

• Cooperation in the sphere of Occupational Safety and Health with NGOs;

• International Cooperation.

1.6 Abstract

Considering all aforementioned, it can be stated that the Legislations concerning Occupational

Safety and Health are enacted in major accordance with the ILO Conventions and the EU

Directives both in the aspect of Preventive Regulations and in the aspect of creating an

institutional frame. Labor Inspectorate, in the light of new Policies, the organization that

performs Inspectional Supervision is well-organized and educated, especially in grey economy

suppression. However, beside Legislations that are close to the European standards and

improved performance of Labor Inspection on the level of Legislation implementation is not

on a satisfactory level, especially in small and medium size companies. For the following

period it is Required, together with Social Partners, through various types of cooperation, to

find a way both for Employer and for Employee to use Occupational Safety and Health

Regulations.

1.7 Situation Analysis and Recommendations

In the area of Occupational Safety and Health it is a fact that during the legislation enactment

non-governmental Organizations were participating but not in a sufficient manner. From year

2005, i.e. from the Occupational Safety and Health Law and Legislations until present moment,

syndicates, associations and chambers as non-governmental organizations, participated in

public debates, and in the last period their Representatives are also members of workgroups

that enact Legislations in this area. Also, Representatives of the following NGOs have deployed

a great number of projects, participated and organized a series of seminars, round tables,

professional gatherings, conferences, workshops, media programs and so on, related to the

organization of the Occupational Safety and Health System.

The Occupational Safety and Health Strategy in the Republic of Serbia in the period from 2013

to 2017 the basic Principle verified by this Strategy, beside others, is to ensure participation

of all interested Parties, and that is: on the level of economy and the state, which includes

Employers, syndicates, State Organs, NGOs, educational institutions, scientific institutions,

and other. Also, one of the elements of the National Policy is also cooperation in the field of

Occupational Safety and Health with NGOs. The Occupational Safety and Health Law (Article

52) supports the engagement of social partners to cooperate and participate in enacting common

attitudes regarding improvement of Occupational Safety and Health, as well as to care for

development and improvement of general Occupational Safety and Health culture. However,

free space still exists for the development of Civil Society role in Regulations enactment and

the development of social dialogue in this area.

1.8 Law Enactment and Policy Frame Conclusion and Recommendations

Having in mind modern society demands, i.e. economic and social cohesion, of highest

importance is to necessarily involve regional Civil Society organizations in the processes of

creation and implementation of Public Policies, and Policies in the sphere of Occupational

Safety and Health to improve Labor Conditions and social dialogue. Levels of Civil Society

organization participation in the process of Preparation, Enactment and Follow-up of Policy

application in the field of Occupational Safety and Health can be summed as Informing,

Counselling, Engaging and Partnering.

The process of Informing is where the Ministry authorized for Occupational Safety and Health

informs Civil Society organizations in order to enable timely, complete and objective access to

information, with the goal to better understand and solve problems. This is achieved through

setting promotional material on the internet, organizing media campaigns, discussions, round

tables, presentations on the level of Ministries, Economic Chambers of Serbia, large

corporations, Occupational Safety and Health organizations, syndicates, small and medium

size Entrepreneur Associations and on Employer level.

Counselling means that the authorized Ministry for Occupational Safety and Health demands

and receives information from the Civil Society in the process of Regulation enactment for the

field of Occupational Safety and Health, as well as holding an appropriate attitude (for example

consultation in the phase of planning and enactment of the Occupational Safety and Health

Strategy, Legislation Draft/Proposal, appointing Representatives for Occupational Safety and

Health Council and so on.) Counselling can be done in written form, questionnaires, interviews,

focus groups, professional and public debates, meetings, internet counselling and other

methods of counselling.

Participating means that Representatives of the Civil Society are actively involved in the

process of Occupational Safety and Health Legislation enactment so their interest will be

accounted for continuously.

Partnering would represent a reciprocal responsibility in enactment but also in application of

the Regulations related to this field, which means a constant presence of Civil Society

Representatives in commissions, negotiation bodies, councils, thematic conferences and

similar. The following could be further elaborated considering the principles of engaging Civil

Society organizations in the process of Legislation enactment and developing social dialogue

in the area of Occupational Safety and Health.

In modern economies the engagement of Civil Society organizations is of great importance to

support the Occupational Safety and Health System, especially in the development of social

dialogue, on the level of the whole nation as well as on the level of Employer.

2 ACCORDANCE WITH INTERNATIONAL STANDARDS

2.1 Implementation of International Standards’ Requirements into

National Law and Praxis

The Republic of Serbia is a member of the ILO since the founding in 1919. The International

Conventions that are enacted by the ILO in the area of Occupational Safety and Health

represent the most important juridical Acts related to this subject. They regulate the most

important Standards, above all for the area of technics, healthcare and law that are in direct

relationship with Occupational Safety and Health. The Republic of Serbia has until now

ratified, i.e. verified for Occupational Safety and Health a great number of the ILO Conventions

as Law Norms directly implemented into National Law concerning Occupational Safety and

Health, and directly executed as such.

Table 8. The ILO Conventions that create the basis for the Occupational Safety and Health

System Organization in the Republic of Serbia

Name, Number and Year of Convention Published

Convention no. 12 – Damage Compensation due to

Unfortunate Event on Agricultural Labor “FNRY Official Gazette“ no.3/1958.

Convention no. 13 – Ban of Lead Bleach Utilization

in Painting (1921). “Official Gazette”, no.44 – XVI, 1930.

Convention no. 17 – regarding Compensation to be

Given to Employees due to Unfortunate Events on

Labor (1925).

“Official Gazette”, no.95 – XXII, 1927.

Convention no. 18 regarding Compensations to be

Given to Employees due to Occupational Diseases

(1925).


Convention no.19 – regarding Equal Treatment of

Foreign and Domestic Employees in relation to

Compensation due to Unfortunate Events on Labor

(1925).


Convention no. 81 regarding Labor Inspection in

Industry and Trade from 11/7/1947

“SFRY Official Gazette’’ –

International Agreements” no. 5/56).

Convention no. 87 regarding Syndicate Freedom

and Protection of Syndical Rights (1948).

“SFRY Official Gazette’’ - International

Agreements” no. 8/58.

Convention no. 89 regarding Night Labor of

Women Employed in Industry – revised (1948).



Convention no. 90 – regarding Night Labor of

Children in Industry - Revised (1948)



Convention no. 98 regarding Principle Right to

Organize and Collectively Negotiate (1949).



Convention no. 103 regarding Protection of

Maternity (revised year 1952.).

“SFRY Official Gazette’’ –addendum

International Agreements” no. 09/55)



Machine Equipment (1963).



Convention no. 121 regarding Compensation to be

Obtained in case of Unfortunate Events on Labor

and Professional Diseases (1963).



Convention no. 126 regarding Fishing Vessels

Crew Accommodation (1966).



Convention no. 129 regarding Inspection of

Agricultural Labor (1969).




Employee Representatives and Benefits granted by

Companies (1971).



Convention no. 136 regarding Protection from

Benzol Poisoning (1971).



Convention no. 139 regarding Prevention and

Control of Occupational Risk from Carcinogenic

Substances and Agents (1974).

“SFRY Official Gazette“- International

Agreements”, no. 03/77).

Convention 144 regarding Tripartite Consultations

(International Labor Standards) from 1976.

Recommendations 152 regarding Tripartite

Consultations (the ILO) from 1976 and

Recommendations 113 regarding Negotiations (on

Economic and National Level) from 1960

“SM Official Gazette“– International

Agreements” no. 1/05).

Convention 148 regarding Employee Protection

from Occupational Risks in Working Environment

caused by Air Pollution, Noise and Vibrations

(1977).

“SFRY Official Gazette - International


Convention no. 155 regarding Occupational Safety

and Health in Working Environment (1981).

“SFRY Official Gazette - International


Convention no. 159 regarding Occupational

Rehabilitation and Employment of Disabled (1982).

Convention Ratification Law “SFRY

Official Gazette“ - International


Convention no. 161 regarding Occupational Health

Services (1985).

Convention Ratification Law “SFRY




Convention no. 162 regarding Safe Asbestos

Utilization (1986).

Convention Ratification Law (“SFRY



Convention no. 167 regarding Occupational Safety

and Health for Construction Works (1988).

Convention Ratification Law („RS

Official Gazette” - International

Agreements”, no. 42/09).

Convention no. 181 regarding Private Employment

Agencies

Convention Ratification Law no. 181

regarding Private Employment Agencies

("Off. Gazette RS - International

Agreements ", no. 02/13)

Convention no. 182 regarding Worst Forms of

Children Labor and the ILO Recommendation no.

190 concerning Emergency Action to Ban Worst

Forms of Children Labor

Convention Ratification Law no.182

regarding Worst Cases of Child Labor

„Official Gazette FRY - International

Agreements” no. 2/03

The Stabilization and Accession of the Republic of Serbia to European Community and the

Member States Confirmation Law (“RS Official Gazette’’, number 83/08 – Art. 79. and 101)

states an obligation of The Republic of Serbia to transpose the European Legislations, as well

as the Legislations in the domain of Occupational Safety and Health, into National Law. As

this domain is Regulated by Directives on the level of the EU, Government Ministry authorized

for Occupational Safety and Health immediately began transposing Directives from this

domain into National Law with respect to NIP.

Conclusive with the end of year 2017 the Republic of Serbia has transposed all the up-to-date

EU Directives into Domestic Law, starting from the enactment of the Occupational Safety and

Health Law up to the enactment of lesser Laws and Legislations list.

The Occupational Safety and Health Law of the Republic of Serbia is conceived in a way that

all Requirements of the ILO as well as the EU are implemented, so it can be deemed that the

majority of International Standards from this domain are integrated into this Law. Statements

that come from the ILO Report and the EU Commission Report – Brussels regarding annual

review of the EU Directives and the ILO Conventions concordance with National Law.

Table 9. Legislations that Transpose EU Directives into National Law

Legislation Name Published EU Legislation

Occupational Safety and Health Law “RS Official Gazette”, no.

101/05, 91/15 and 113/17 –

other law

Directive 89/391 EC

Occupational Safety and Health Statute

regarding Temporary and Mobile

Construction Sites

“RS Official Gazette” no.

14/09, 95/10

Council Directive

92/57/ЕEC



regarding Occupational Safety and Health

for Utilization of Personal Protection

Devices and Equipment (this Rulebook

abolishes Rulebook regarding Personal

Protection Means and Personal Protective

Equipment “SFRY Off. Gaz.’’, no. 35/69)


92/08

Council Directive

number 89/656/ЕEC



at Workplace (this Rulebook abolishes


regarding Labor Safety for Construction

Objects intended for Labor and Accessory

Facilities “FRS Off. Gaz.”, no 29/87)


21/09

Council Directive

number 89/654/ЕEC



for Utilizing Labor Equipment (this

Rulebook abolishes Regulations and

Norms Rulebook regarding Labor

Protection concerning Labor Tools

‘’SFRY Off. Gazette”, 18/91)


23/09, 123/12 and 102/15

Council Directive

number 89/655/ЕEC



for Manual Weight Handling


106/09

Council Directive

no. 90/269/ЕEC



for Screen Display Equipment Utilization


106/09 and 93/13

Council Directive

no. 90/270/ЕEC

Preventive Regulations Statute regarding

Occupational Safety and Health for

Exposure to Asbestos


108/15

European Parliament

and Council

Directive no.

2009/148/EC



for Exposure to Chemicals


106/09 and 117/17

Council Directive

no. 98/24/EC


Occupational Safety and Health for Deep

Drilling Exploitation of Raw Minerals

“RS Official Gazette”

no. 61/10

Directive no. 92/91

ЕEC




Underground and Surface Exploitation of

Raw Minerals


65/10

Directive

92/104/ЕEC



Fishing Vessels Operations


70/10

Directive 93/103/EC

Rulebook for Occupational Safety and

Health Labels


95/10

and 108/17

Council Directive

no. 92/58/ЕEC



Exposure to Biological Hazards


96/10

Directive no.

2000/54/EC



for Exposure to Vibrations


93/11

Directive no.

2002/44/EC



for Exposure to Noise (this Rulebook

abolishes Labor Facility Noise Protection

Regulations and Norms Rulebook SFRZ

Official Gazette, no.21/92)


96/11 and 78/ 015

Directive no.

2003/10/EC



for Exposure to Carcinogenic and

Mutagenic


96/11

and 117/17

European Parliament

and Council

Directive

2004/37/EC



concerning Risk of Explosive

Atmospheres


101/12 and 12/13-

correction

Directive number

1999/92/EC



for Exposure to Electromagnetic Fields


111/15

Directive

2013/35/ЕU



for Exposure to Artificial Optic Radiation


120/12 and 29/13-

correction

European Parliament

and Council

Directive

2006/25/EC

Supervision of Domestic Legislations integration with the ILO Conventions and the EU

Directives is in practice carried out by Labor Inspection.

2.2 Abstract

The ILO Conventions and the EU Directives represent a Standard to govern Legislations in the

domain of Occupational Safety and Health in the Republic of Serbia.

2.2.1 Occupational Safety and Health National Law Concordance with Occupational

Safety and Health of the ILO Conventions

Based on the aforementioned it can be concluded that the accordance rate of Occupational

Safety and Health Domestic Law with the ILO Conventions and the EU Directives is actuated

on the high level.

This constatation comes from the ILO Report and the EU Commission – Brussels Report

regarding annual review of the implementation of the EU Directives and the ILO Conventions

into National Law. The Republic of Serbia submits Reports requested by the ILO and the EU

Commission regarding the rate of accordance/discordance, National Legislations concerning

Occupational Safety and Health and Implementation Status in practice. However, the final

grade concerning accordance with the EU Directives is given by the EU Commission in the

Negotiation Chapter 19.

The majority of Questionnaire participants are satisfied with concordance of Occupational

Safety and Health Legislations to the EU Legislations (Graph 4).

Graph 4. Satisfaction regarding concordance of Occupational Safety and Health Regulations

with the EU Regulations


The Republic of Serbia has until now ratified, i.e. confirmed a great number of the ILO

Conventions, and transposed a list of Directives related to Occupational Safety and Health into

National Law. However, through NIP, i.e. Action Plan for Transposing Directives in the

57%

24%

19%

Yes

No

No opinion

Chapter 19, it is needed to further harmonize Domestic Law with the EU Directives in this

area. For the reason that Legislations already enacted are not fully concordant with the

Directives, as for the fact that the EU changes the enacted Directives and enacts new as

technology and labor processes develop.

The Republic of Serbia will in the following period need to continually follow enactment of

new ILO Conventions regarding the domain of Occupational Safety and Health and to strive

to confirm those as National Law.

2.4 Conclusion and Recommendations regarding Accordance with the

International Standards

According to the following it can be deducted that the Republic of Serbia has enacted a great

number of Standards in the area of Occupational Safety and Health, having in mind the

development of economy, enacted by the ILO Conventions and the EU Directives. At the same

time it is recommended to constantly, on all levels of organization, apply Principles of

Occupational Safety and Health, and before all: adaptation to the technological development

and developing a coherent unitary policy that will enable the participation of Civil Society as

a whole in the enactment of the Occupational Safety and Health Standards with respect to

Principles, and those being: Mutual Trust, Openness and Responsibility, Effectiveness,

Efficiency and Rationality. To ensure the concordant application of the Principles mentioned

before, it is recommended for both the State Government Organs as well as Employer, if

possible, to determine persons to cooperate with Civil Society organizations possessing the

necessary knowledge and skills for these activities.

3 ORGANIZATIONAL FRAMES AND MECHANISMS FOR

ACCORDANCE

3.1 Authority of the Occupational Safety and Health Directorate

To erect the Occupational Safety and Health System in accordance with the EU Directives, the

Republic of Serbia has chosen to establish the Occupational Safety and Health Directorate

Responsible for Labor, with defined authority.

Named so and with authority confirmed by Law, in the Republic of Serbia for a first time a

special management organ has been founded to govern Occupational Safety and Health. The

Directorate is functionally created out of two basic reasons, and those are:

1) Accordance with the EU Legal Traditions (acquis communataire), and

2) Stimulation of Education and Care, i.e. development of Labor Culture within

the domain of Occupational Safety and Health.

The Occupational Safety and Health Directorate performs labor concerned with Legislation

preparation in relation to the domain of Occupational Safety and Health and issuing opinions

regarding Legislation application; preparation of a proficient basis for the National

Development Program of Occupational Safety and Health as well as actuation follow up;

follow up and rating of Occupational Safety and Health status and preparing opinions for

unitary regulation of Occupational Safety and Health that is based on the Occupational Safety

and Health Law and other Legislations; researching and promoting development in the domain

of Labor Humanization; granting Professional Aid in the domain of Occupational Safety and

Health of Employees; Examination of Causes and Events that result in Occupational Injuries,

Diseases and Health Issues; Practical Exam organization and completion, that is Registered;

Supervising the work of Juridical Bodies and Entrepreneurs as well as responsible Bodies with

Licenses and preparing proposals to Grant and Abolish Licenses, of which all is Registered;

collecting and analysing data concerning Occupational Injuries, Occupational Diseases,

Occupational Health Issues and Events that affect the health of Employees; performing

informational and documenting tasks for Employee safety and health; organizing councils,

educating Employees, Employers, Occupational Safety and Health personnel, Inspectors and

others; publishing various content and informing the public about the state of Occupational

Safety and Health; application of Occupational Safety and Health International Acts;

promoting education and developing Labor Culture in the area of Occupational Safety and

Health and other Labor tasks of this domain. Changes and Updates Law of Occupational Safety

and Health Law defines that the Directorate governs granting National Recognitions in the field

of Occupational Safety and Health, and this is all Registered. For several years the Directorate

together with Social partners grants National Recognitions to Juridical Parties, Entrepreneurs

and Individuals for Promoting Good Praxis.

The Directorate organizes important Manifestations related to Occupational Safety and Health

in the Republic of Serbia, such as: Occupational Safety and Health Day “28th April”,

Occupational Safety and Health Fair (every second year), European Occupational Safety and

Health Week and other.

3.2 Labor Inspection Services

3.2.1 Description

Labor Inspectorate Organizational Structure,

The Labor Inspectorate encompasses major internal units and those being:

• In the Department Headquarters:

o Second Level Management Process Branch in the field of Work Relations and

Occupational Safety and Health;

o Research and Analytics Branch, as well as Supervision

o I Branch of Labor Inspection in the City of Belgrade

o II Branch of Labor Inspection in the City of Belgrade

• Outside the Department Headquarters:

o 11 Branches

o 14 Departments of Labor Inspection

The Labor Inspectorate of the Republic of Serbia in the year of 2017 consists of a total of 263

employees and two directors (Director and Vice Director), of which 247 are Labor Inspectors

– lawyers and engineers of various technical proficiencies.

In the period from the 1st of January to the 31st of December in the year of 2017 the Labor

Inspectors have:

• Performed a total of 53.424 Inspectional Supervisions in the field of Work Relations

and Occupational Safety and Health, of registered and nonregistered subjects, of which

52.655 Supervisions of registered (28.087 Supervisions in the field of Work Relations,

14.102 Supervisions in the field of Occupational Safety and Health and 10.466

Integrated Inspectional Supervisions, that have encompassed both the area of Work

Relations and the area of Occupational Safety and Health) as well as 769 Supervisions,

which are of nonregistered subjects;

• Encountered a total of 22.411 persons performing Factual Work (Black Market

Economy) for registered and nonregistered subjects (21.228 black market economy

perpetrators in registered and 1183 in nonregistered subjects);

• After labor Inspectors executed Regulations, the Employers founded Work Relations

with 21.171 persons;

• Enacted a total of 10.832 Solutions for Removing Verified Illegalities in the field of

Work Relations and Occupational Safety and Health;

• Enacted 529 arrangements to Ban Labor at Workplace;

• Applied a total of 769 solutions to Ban nonregistered subjects of performing Labor until

signed into an appropriate Register;

• Submitted a total 3.637 requests to start Delictual Process in the field of Work Relations

and Occupational Safety and Health;

• For Delictions that have a defined financial fine, 631 Delictual Warrants were issued;

• Submitted 38 Criminal Reports;

• Performed 919 Inspectional Supervisions regarding Reported Occupational Injuries;

• Confirmed 769 nonregistered Subjects;

• Based on Delictual Process demanded by Labor Inspectors, the Employers were fined

for a total of 231.584.100,00 dinars;

• Based on issued Delictual Warrants in the Budget of The Republic of Serbia a total of

13.020.530,00 dinars were deposited.

3.2.2 Case Study

Example 1.

Description of an Occupational Injury

Based on a completed Supervision at the scene as well as on testimonials of managers and

witnesses located there, it is determined that the deceased employee on the day 28/07/2008

(Monday), around 13:15, while performing ongoing Locksmith labor on pipeline

reconstruction belonging to Boiler block facility, suffered a fatal Injury by falling through an

opening of a segment of machine floor from the height of 72m, in the seventh working hour of

the ongoing workday.

The deceased employee was together with two colleagues on a machine lift – floor within the

Boiler frame on the elevation of 82m, and with a hand drill he was cutting ends of the

mentioned pipeline system, according to Verified Labor Technology and Legislated

Technological Method of carrying out the mentioned operation, verified by the company

specialized for performing such Labor.

In the critical moment, around 13:15, after a siren was sounded as a warning to leave the Boiler

frame, and other operations on other levels within the Boiler were simultaneously taking place,

the deceased employee started moving towards the exit hatch unleashing the safety belt, and

immediately after releasing himself from the sling of the safety belt, he laid foot on the floor

segment and fell from the described elevation (elevation of 72m) to an elevation of 13m in the

boiler frame, suffering severe injuries by falling from the height of 60m, with immediate tragic

consequences.

In the moment of the fall – falling through of the deceased employee, one of the colleagues

was already outside of the Boiler frame with regards to the fact that he was the first to leave

the Workplace, and the other colleague, who was behind the deceased, according to his

statement, saw the moment of falling of the deceased employee after he lay his foot on the

surface of the floor segment.

The death of the deceased employee was verified by ambulance called by Person Responsible

within the aforementioned object.

The source of Occupational Fatality: Inner Working Area – Boiler Frame Block A6, Fall from

Scaffold onto Concrete Ground.

Cause of Occupational Fatality: Fall from Height; Fall from one Level to Another, Fall from

Scaffold onto Concrete Ground from Height of 60m.

Circumstances and reasons because of which the deceased employee has taken off his safety

belt before leaving the Boiler frame, which in this case of a dangerous event in the moment of

fall had a key role, could not be determined by Inspectional Supervision.

Labor Inspector has during the performance of Inspection stated that:

• The deceased Employee was hired by the Employer for a definite time, on the

Workplace as a Locksmith;

• The deceased Employee was theoretically and practically capable for Occupationally

Safe and Healthy Labor;

• The deceased Employee was in the moment of hazardous event where the Fatality

occurred, performing complex labor in Working Environment at Workplace –

Locksmith Labor on Elevation utilizing Manual Machine Driven Equipment (hand

drill), Labor with increased Risk, with Specific Occupational Safety and Labor

requirements – demands of special medical, physical and psychophysical capabilities

of Employees to perform Labor, adequate professional skills (the deceased Employee

is professionally an economist without proof that he is qualified to perform complex

Locksmith Labor), i.e. the mentioned Employee does not complete Requirements

regarding mentioned Labor tasks, regarding proficiency, health capabilities and age,

which in this case is not according to Occupational Safety and Health Law;

• The deceased Employee in the moment of dangerous event during which a Fatality

occurred, was performing complex Labor Tasks in Working Environment at Workplace

– Locksmith Labor Tasks on Elevation while Utilizing Manual Machine-driven

Equipment (hand drill);

• The Scaffold was properly erected;

• The Immediate Causes of Floor Segment Collapse (segment dimensions: 1.5m x 0.5m;

every segment consists of 4 assembled planks 5cm wide), could not be determined

based on the circumstances when Labor Supervision was performed, with the

concerned segment fallen and totally deformed because of the fall and as such was taken

by other authorized organs for technical Evaluation, besides the fact that immediate

Examination of technical documentation revealed a way for the segments to be placed

– assembled to the floor, in the sense of determining the stability of assembled floor

while Employees move on it;

• No reasons were determined because of which the deceased Employee has

taken off the safety belt before leaving the Boiler frame;

• The Occupational Safety and Health Tasks were performed on the object by domestic

Juridical Body with License to perform such activities;

• The Reconstruction Labor Tasks – Reassembly was Reported to the authorized Labor

Inspection in a timely manner.

Based on the determined factual state of how the Occupational Fatality came to be, Labor

Inspector has taken adequate measures according to his authority.

Labor inspector has, in this event, filed a Criminal Report to the Municipality Public Attorney

against Persons Responsible in Juridical Bodies, those being Contractor and Subcontractor, and

Person Responsible in Juridical Party that has performed the tasks of Occupational Safety and

Health, with justified query that perpetrators have committed Art. 169 and 271 Criminal Acts.

Labor Inspector has, for this event concerning the Occupational Health Issue, executed a

Juridical solution to apply Regulations to remove faults in the domain of Occupational Safety

and Health.

3.2.3 Abstract

In the year of 2017 Labor Inspection has given contribution to properly implementation of

Labor laws. Besides significant difficulties, all basic goals were realized, but with much greater

effort than expected. The state of Work Relations area and Occupational Safety and Health are

on a relatively satisfactory level, if we take into account economic activity and general

economic conditions. The performance of Occupational Labor has given perceivable results

with regards to chosen priorities. However, for further successful functioning it is necessary to

strengthen the technical support for Labor Inspectors. The Occupational Safety and Health

Directorate has according to the NIP transposed all supposed EU Directives and successfully

executed other tasks in accordance with the authority. The greatest number of Questionnaire

participants in the completed research deem that Labor Inspection contributes to the

development of the sphere of Occupational Safety and Health (graph 5).

Graph 5. The contribution of Labor Inspection to the field of Occupational Safety and Health.

70%

21%

9%

Yes

No

No opinion

3.3 Occupational Health Services

3.3.1 Description

Occupational health, as a multidisciplinary area, is both directly and indirectly affiliated with

multiple government departments of Serbia. Most direct are the connections with the Ministry

of Health and the Ministry of Labor, Veterans' and Social Affairs. Besides these ministries,

Occupational health is associated with the Ministry of Education, Science and Technological

Development; Ministry of Internal Affairs; Ministry of Agriculture, Forestry and Water

Economy; Ministry of Civil Engineering, Transport and Traffic Engineering and Infrastructure;

Ministry of Ecology and the Ministry of Mining and Energetics.

As a part of the Healthcare System, Occupational health is governed by Serbia’s Ministry of

Health that regulates:

• Scope of activities

• Organization

• Activity requirements on different levels

• Registry management

The Ministry of Health controls whether conditions for activities are fulfilled and grants work

permits. Also, Ministry of Health performs specialized supervision of Occupational health

services via authorized institutions and individuals. In Healthcare area the most important

legislations that regulate Occupational health activities are:

• Health Insurance Law (’’Republic of Serbia Official Gazette’’, no. 107/2005, 109/2005

– corr., 57/2011, 110/2012 – Constitutional Court decision, 119/2012, 99/2014,

123/2014, 126/2014 – CC decision, 106/2015 and 10/2016)

• Community Health Law (’’RS Official Gazette’’, no. 107/2005, 72/2009 – other law,

88/2010, 99/2010, 57/2011, 119/2012, 45/2013 – other law, 93/2014, 96/2015,

106/2015 and 113/2017)

• Healthcare Documentation and Registry Law (’’RS Official Gazette’’ no. 123/2014,

106/2015 and 105/2017)

• Patient’s Rights Law (RS Official Gazette’’, no. br. 45/2013)

• Medicines and Medical Devices Law (’’RS Official Gazette’’, no. 30/2010 and

107/2012)

• Rulebook Regarding Major Requirements for Healthcare Institutions and Other

Healthcare Providing Services Healthcare Operations (’’ RS Official Gazette’’, no.

43/2006, 112/2009, 50/2010, 79/2011, 10/2012 – other rulebook, 119/2012 – other

rulebook and 22/2013)

As mentioned beforehand, Occupational health, as part of Serbia’s Healthcare System, is most

directly tied to the Ministry of Health, however, most legislations that regulate activities of

Occupational health are enacted by the Ministry of Labor, Veterans' and Social Affairs and

Occupational Safety and Health Directorate. Besides Occupational Safety and Health Law, the

Ministry of Labor, Veterans' and Social Affairs proposes legislations concerning Occupational,

Pension and Disability Insurance that also greatly regulate the activities of Occupational health

institutions. The most important legislations from the Ministry of Labor, Veterans' and Social

Affairs that regulate Occupational health activities are:

• Occupational Safety and Health Law (’’RS Official Gazette’’, no. 101/2005, 91/2015

and 113/2017)

• Pension and Disability Insurance Law (’’RS Official Gazette’’, no. 34/2003, 64/2004 –

RSCC decision, 84/2004 – other law, 85/2005, 101/2005 – other law, 63/2006 - RSCC

decision, 5/2009, 107/2009, 101/2010, 93/2012, 62/2013, 108/2013, 75/2014 and

142/2014)

• Occupational Law (’’RS Official Gazette’’, no. 24/2005, 61/2005, 54/2009, 32/2013,

75/2014, 13/2017 – CC decision and 113/2017)

• Occupational Safety and Health Asbestos Exposure Preventive Measures Legislation

(’’RS Official Gazette’’, no. 108/15)

• Occupational Safety and Health Medical Device Particularly Sharp Object Usage in

Healthcare Activities Preventive Measure Legislation (’’RS Official Gazette’’, no.

101/16);

• Verification of Hazardous Occupations for Children Legislation (’’RS Official

Gazette’’, no. 53/17);

• Previous and Periodic Medical Examination for Employees With High Risk

Occupations Rulebook (’’RS Official Gazette’’, no. 120/07 and 93/08);

• Occupational and Occupational Environment Risk Assessment Method and Process

Rulebook (’’RS Official Gazette’’, no. 72/06 and 84/06-correction, 30/10 and 102/15)

• Occupational Injury and Disease Report Content and Process Rulebook (’’RS Official

Gazette’’, no. 72/06, 84/06-correction and 04/16)

• Occupational Disease Verification Rulebook (’’RS Official Gazette’’, no. 105/03);

• Occupational Safety and Health Registry Rulebook (’’RS Official Gazette’’, no. 62/07

and 102/15)

• Occupational Safety and Health Manual Weight Handling Preventive Measures

Rulebook (’’RS Official Gazette’’, number 106/09)

• Occupational Safety and Health Biological Hazard Exposure Preventive Measures


• Occupational Safety and Health Noise Exposure Preventive Measures Rulebook (’’RS

Official Gazette’’ no. 96/11 and 78/15)

• Occupational Safety and Health Cancerogen and Mutagen Exposure Preventive

Measures Rulebook (’’RS Official Gazette’’, number 96/11)

• Occupational Safety and Health Chemical Agent Exposure Preventive Measures


• Occupational Safety and Health Artificial Optic Radiation Exposure Preventive

Measures Rulebook (’’RS Official Gazette’’, no. 120/12 and 29/13-correction)

• Occupational Safety and Health Electromagnetic Field Exposure Preventive Measures


• Occupational Safety and Health Vibrations Exposure Preventive Measures Rulebook

(’’RS Official Gazette’’, number 93/11)

• Occupational Safety and Health Youth Preventive Measures Rulebook (’’RS Official

Gazette’’, number 102/16)

• Occupational Safety and Health Female Employee During Pregnancy, Childbirth and

Lactation Rulebook (’’RS Official Gazette’’, number 102/16)

• First Aid Method, Device Type and Equipment Necessary at Workplace, Methods and

Deadlines for Employee First Aid Training Activities Rulebook (’’RS Official

Gazette’’, number 109/16)

• Occupational Safety and Health Screen Equipment Usage Preventive Measures

Rulebook (’’RS Official Gazette’’, no. 106/09 and 93/13)

Occupational health is affiliated with the Ministry of Civil Engineering, Traffic and Transport

Engineering and Infrastructure via rulebooks that regulate health requirements in the domain

of transportation. The most important legislations in the sphere of the Ministry of Civil

Engineering, Traffic and Transport Engineering and Infrastructure that regulate Occupational

health actions are:

• Particular Category Motor Vehicle Driving Major Health Requirements Rulebook

(’’RS Official Gazette’’, no. 83/11);

• Naval Vessel Personnel Health Condition Requirements and Health Supervision and

Evaluation Rulebook (’’RS Official Gazette’’, no. 112/12);

• Railroad Employee Health Condition Requirements Rulebook (’’SRJ Official

Gazette’’, no. 3/00)

• Method of Evaluating Occupational Mental and Physical Abilities of Railroad

Employees Before and During Employment (’’SRJ Official Gazette’’, no. 3/00)

Associated with the Ministry of Internal Affairs, Occupational health acts in granting firearm

permits. The most important legislations in the area of the Ministry of Internal Affairs that

regulate Occupational health activities are:

• Weapons and Ammunitions Law (’’RS Official Gazette’’, no. 20/2015)

• Rulebook Update Regarding Natural Person Firearm Possession and Carrying Health

Capability Evaluation Rulebook (’’RS Official Gazette’’, no. 79/2016)

Ministry of Ecology and Agency for Ionizing Radiation Protection and Nuclear Safety of

Serbia also regulate areas of interest to Occupational health. The most important legislations

in this sphere regarding Occupational health activities are:

• Ionizing Radiation Protection and Nuclear Safety Law (’’RS Official Gazette’’, no.

36/09 and 93/12)

• Skill Training Rulebook for Occupationally Exposed Personnel and Personnel

Responsible for Ionizing Radiation Protection (’’RS Official Gazette’’, no. 31/11

from 09/05/2011)

• Level of Ionizing Radiation Limit Exposure Evaluation Rulebook (’’RS Official

Gazette’’, no. 86/11 from 18/11/2011)

• Registering Ionizing Radiation Source, Exposed Patients and Radioactive Waste

Rulebook (’’RS Official Gazette’’, no. 97/11 from 21/12/2011)

• Radioactive Exposure Limit for Persons, Workplace and Environment and Method of

Decontamination Rulebook (’’RS Official Gazette’’, no. 38/11 from 31/5/2011)

Occupational health in Serbia was until the year of 2006 in the process of transition from an

old model, a unity of prevention and curing3, onto a new model that dominates in preventive

activities. According to a decision made by the Minister of Health in the year of 2006 all

Community Health Center Directors are to install Occupational health specialist to self-funding

stations or respecialize to general practitioners. Although at first the decision was not fully

implemented, over the years and with continued pressure from the Ministry of Health and

National Health Insurance Fund there was a massive respecialization to general practitioners.

From over 586 Occupational health specialists only a few partakes in preventive activities. In

most Community Health Centers there was a complete shutdown of Occupational health

services. In the meantime, there has been an increase in economic activities and enormous

increase in professional organizations’ demand for Occupational health services that the

Community Health Centers could not appropriately fulfil. All of this has led to foundation of a

great number of private Occupational health centers. Alas, there is no accurate data concerning

the number of founded private Occupational health institutions.

In the past, Serbia’s Occupational health system was modelled as a classic pyramid. On the top

was the Occupational Health Institute of Serbia, below are Employee Healthcare Institutions,

and in state property and below are Occupational Health Services in Community Health

Centers. Currently, there is the pyramid top – Occupational Health Institute of Serbia, while

the other Occupational health institutions predominately lost the role they had in the past. As

already mentioned the greatest number of Occupational health institutions is shut down and

their place is taken by institutions in private property Employee Healthcare Institutions and

Private Occupational Health Centers, it is estimated that there are more than 20 private

occupational health institutions.

To perform Occupational health activities, it is necessary for a physician, once he has

completed integrated academic studies in medicine (lasting 6 years), to complete a one-year

general residency, pass the state exam and complete Occupational health specialization. The

occupational health specialization lasts four years. It is granted by the Ministry of Health

according to estimated need for specialists and by the influx of medical institutions’ demands.

In the last years the Ministry of Health grants fewer and fewer Occupational health’s

specializations so that the total number of Occupational health specialists in training is 17. With

the specialization granted, the specialist in training has the right to choose in which institution

he or she will train. The Faculty of Medicine in Belgrade (member of The European

Association of Occupation Medicine Schools) has taught and is teaching the greatest number

of Occupational health specialists. Other than The University of Belgrade, Occupational health

specialists are trained by Universities of Niš and Novi Sad. Teaching curriculum is concordant

in great part so that Universities of Niš and Novi Sad specialists in training complete a part of

theoretical and practical training in The Faculty of Medicine in Belgrade. Other than these three

institutions, Occupational health education is carried out by The Military Medical Academy of

Belgrade.

3Model-unity of prevention and curing proposes that the Occupational medicine specialist other than in

preventive activities acts in curing the employed persons. This model of Occupational medicine has evolved

over the years to focus on curing the employed persons. International Monetary Fund experts predict that in year

2003 as much as 90% of Occupational medicine activities were curative.

The age structure of occupational health specialists in Serbia is unfavourable because most

them are about to retired. Table 10 shows the age structure of labor medicine specialists in

Serbia.

Table 10. The Age Distribution of The Occupational Health Specialist in Serbia

Born Number

1976-1980 8

1971-1975 19

1966-1970 31

1961-1965 91

1956-1960 169

1951-1955 177

1946-1950 70

1941-1945 14

1936-1940 4

1900-1935 3

Total 586

3.3.2 Key activity abstract

Although based on numerous legislations that regulate Occupational health actions it can be

concluded that it partakes in various activities unfortunately that is not the case. Public Health

Institute of Serbia holds only data about the number of services that are in service codebook

and only data about public Occupational health institutions and based on this data one cannot

observe neither the number nor the scope of Occupational health stations in Serbia.

Nonetheless, it is clear that the greatest number of Services relates to previous and periodic

health examinations for employees with occupational high risk. Also, a great number of

services from the motor vehicle driving capability occupational evaluation, railroad and naval

traffic occupational capability evaluation, firearm possession capability evaluation and other

preventive examinations. Far lesser number of services are from the domain of occupational

risk assessment, only a small number of occupational health specialists are included directly in

Risk Assessment Act. Somewhat greater number of these are partaking in health condition

activities and examination program based on risk assessment. The smallest number of these

services are from the domain of Occupational environment condition assessment, corporate

health examination, preventive measures proposal, morbidity analysis, absenteeism and other

research. The results of the conducted survey show that the majority of respondents are satisfied

with the occupational health services of, although a relatively high percentage (32%) of

dissatisfied users of services worries. The results of the Satisfaction Survey on Occupational

Health Services are shown in Graph 6.

Graph 6. Satisfaction with the Occupational Health Services

Although 32% of respondents stated that they are not satisfied with the occupational health

services, the vast majority support the introduction of an obligation for employers to provide

occupational health services for all employees. The results of the survey supporting the

introduction of an obligation for employers to provide occupational health services for all

employees are shown in Graph 7.

Graph 7. Support for Introduction of An Obligation for Employers to Provide Occupational

Health Services for All Employees

3.3.3 Abstract of Proficient Personnel for Occupational Safety and Health

In the Republic of Serbia, the Convention and Directives Requests are transposed, so in the

scope of all Labor organized, Employer is obliged to organize Occupational Safety and Health

Tasks by necessarily delegating Personnel for all performance of Labor at Employer to be in

accordance with the Occupational Safety and Health Law.

Yes64%

No32%

No opinion4%

Yes

No

No opinion

Yes78%

No11%

No opinion11%

Yes

No

No opinion

The Law enables Employer choice of multiple variants to perform the Occupational Safety and

Health Tasks, those being: Self-performing, choosing Personnel from Employees (one or more)

or outsourcing from Services Licensed in Occupational Safety and Health. Organization variant

of the Tasks to be performed is Employer’s choice, having in mind the following: technological

process and devices for operating technological processes; organization, nature and scope of

Labor processes; number of Employees involved in Labor Processes, proficiency, age,

standardization of Occupational activities; number of Labor shifts; estimated Risks, number of

spatially separated units; type of Labor and other factors able to affect organization of the

Occupational Safety and Health Tasks.

The Law grants Employers carrying out services related to retail sale, accommodation and

food, informing and communication, financial business and insurance, real estate business,

profession, science, innovation, administration and accessory services, mandatory Welfare,

education, art, entertainment and recreation, as well as other services, to Self-perform the

Occupational Safety and Health Tasks and are Not Required to complete the Practical

Proficiency Exam related to this area. This possibility is propositioned for Employers with up

to 20 Employees because scope of the Tasks is lesser, and hazards and dangers related to these

activities are of lesser Risk. These Employers are Not Required to have completed the Practical

Proficiency Exam.

Based on experience gained from the application of the Occupational Safety and Health Law

it is evident that for some activities it is necessary to increase the proficiency of Personnel for

Occupational Safety and Health. In relation to it, activities are defined for which Employer is

due to delegate Personnel carrying out the Occupational Safety and Health Tasks who at least

has University Education in basic academic studies consisting of a minimum of 180 ESPB

points, basic proficiency studies, i.e. studies lasting for up to three years in the field of science,

i.e. field of proficiency containing education and science of technical and technological

sciences, natural science and mathematics or medical sciences.

Efficiency of Occupational Safety and Health of Employer's Labor depends on the inclusion

level of all Employees. It cannot be expected that one person or proficient team, no matter the

abilities, enthusiasm and professionalism, is able to complete Tasks required for this field,

unless all Employees participate in the Occupational Safety and Health System, where

Personnel for Occupational Safety and Health are the basic element of proficient, organized

and operative Labor. Ability and professional relationship of this/these Personnel depends

whether and how will the Occupational Safety and Health System function, having a basic

precondition –Employer is claiming Policy and engaging all Employees to improve

Occupational Safety and Health.

Unfortunately, a great number of Employers, who decide of Occupational Safety and Health

Policy are not aware of the Policy significance. That is why the whole sphere is often neglected,

Occupational Safety and Health Tasks are marginalized, not granted importance of the nature

of these activities. This springs the fact that Personnel for Occupational Safety and Health are

not given the supposed status of highly professional personnel. A part of responsibility for this

state of affairs can be attributed to themselves, the Personnel for Occupational Safety and

Health.

Majority of Questionnaire participants in the research deem that the Personnel for Occupational

Safety and Health contribute greatly to the development of Occupational Safety and Health

(Graph 8).

Graph 8. The contribution of Personnel for Occupational Safety and Health to the development

of the domain of Occupational Safety and Health.

3.4 Other Agencies or Institutions for Accordance

In securing the Occupational Safety and Health System in the Republic of Serbia, besides

Organizations from Chapter 3 of this Document, participate Judiciary Organs, Public

Prosecutors and other State Organs, Juridical Persons and entrepreneurs Licensed in the field

of Occupational Safety and Health, professional associations, institutes etc.

3.4.1 Role and Function of Judiciary related to Occupational Safety and Health

The Occupational Safety and Health Law (Art. 69-75) defines Penalty Policy for cases where

legislated Regulations to implement Occupational Safety and Health are not applied for

Employer with the property of Legal Person, for Employer as private entrepreneur, for director,

i.e. other Person responsible for Juridical Body and Employee. Juridical penalties according to

the rule of Law are proposed by Labor Inspector and are executed by Delictual Judge according

to the Delictual Law and the Occupational Safety and Health Law.

According to data from the Ministry of Justice from year 2016 regarding number of filed

requests to actuate Delictual Processes in accordance with the rule of Occupational Safety and

Health Law and Delictual Law, number of completed cases based on requests submitted and

financial penalties executed, number of filed Requests is 634, number of Completed Cases is

432, number of Executed Sanctions in the scope of Financial Fines according to the Delictual

Law is 170 and number of cases completed in Other Manner according to the Delictual Law

(warnings, request refusal, annulment, release of accused from responsibility) is 203.

Labor Inspectors have the possibility to actuate criminal process by filing a Criminal Report

according to Criminal Law for defined Criminal Acts, such as Art.169CL, 280CL, 281CL and

3,8

15,1

24,5

32,1

18,9

1,9

3,8

0 5 10 15 20 25 30 35

Non-satisfactory

Satisfactory

Good

Very good

Excellent

Not applicable

No opinion

other. In the year of 2016 regarding the number of filed Criminal Reports to Prosecutors on the

territory of the Republic of Serbia for not applying Occupational Safety and Health Regulations

which resulted in Fatalities, Severe and Collective Occupational Injuries, as well as

consequences of processes for submitted Reports, the Republic State Prosecution has analysed

Criminal Acts from Art.169CL, 280CL and 281CL processed in all Prosecution Organs on the

territory of the Republic of Serbia, and for:

• The Criminal Act of not applying Occupational Safety Regulations from Article 169 of

the Criminal Law, where 7 persons were Reported, 1 report was Rejected, for 2 persons

a request to Collect Needed Information is issued, and for 4 persons reports are in the

Phase of Proving

• The Criminal Act of causing danger by not applying Occupational Safety Regulations

from Article 280 of the Criminal Law - 22 bodies were reported. Against 4 bodies the

Reports were dismissed, and for 6 reported bodies there was a request to Collect

required information. Against 9 bodies the Reports are in Proving Phase. Against one

body Order to commence Investigation. Report against one person was Connected with

a previously formed case, while report against one body is passed onto Another

Prosecution;

• The Criminal Act of Unlegislated and Improper Construction Work from Article 281

of the Criminal Law 4 bodies were reported and are in Proving Phase;

The greatest number of Questionnaire participants in the research deem that the Judiciary

Organs do not contribute enough to the development of Occupational Safety and Health.

(Graph 9.).

Graph 9. Contribution of Judiciary Organs to the development of Occupational Safety and

Health.

3.5 National Council Organs for Occupational Safety and Health

3.5.1 The Occupational Safety and Health Council

The Occupational Safety and Health Council, based on the Ministry Law and the Ministry

Rulebook is formed (the Decision to form Occupational Safety and Health Council of the

Yes15%

No47%

No opinion38%

Yes

No

No opinion

Republic of Serbia) as a temporary operational organ of the Republic of Serbia Government.

Occupational Safety and Health Council Tasks are: to initiate Legislation enacting in the area

of Occupational Safety and Health; to initiate creation of National Program of developing

Occupational Safety and Health; contribute to social dialogue by balancing participants

different points of view in this area; initiate Preventive Policies regarding all Issues of

Occupational Safety and Health. The Occupational Safety and Health Council is a tripartite

body where besides representatives of Ministry authorized for Occupational Safety and Health

Tasks and Social Partners also participate other Ministry Representatives, University

institutions and Nongovernmental organizations. The Council has since the founding (2007)

held 18 meetings.

3.6 Occupational Accident and Disease Insurance Systems (Compensation

for Employees)

The Republic of Serbia has a Welfare system that encompasses all nine beneficiaries that are

listen in the Convention no. 102 regarding Minimal Welfare Insurance Standards and

Convention regarding the Contributions for Labor Accidents and Occupational Diseases no.

121 of the ILO which the Republic of Serbia has ratified in the year of 2000. For Welfare

beneficiaries three institutions are authorized. The Republic Health Insurance Fund, the

Republic Pension and Disability Insurance Fund and the Unemployment Fund is authorized by

the National Employment Service. Implementation of Legislations regarding Protection Rights

in cases of Occupational Injuries no unitary institution is authorized, but several different Laws

are applied, so Community-health and Financial Compensation are under the system of

Community-health and Pension Insurance. Inquiry of financial Compensation in the cases of

Temporary Occupational Disability due to Occupational Injury the Health Insurance Law

obliges Employer to directly manage the right to Compensate Salary, and in accordance with

the rule of Law payment from own resources is regulated for the time of temporary disability

for Labor. The Republic Pension and Disability Insurance Fund is authorized to enable Pension

and Disability Insurance Rights, in accordance with Pension and Disability Insurance Statutes.

The Pension and Disability Insurance Law regulates Pension and Disability Rights, among

others, for:

• Case of Disability – the Right to Disability Pension

• Case of physical damage caused by Occupational Injuries or Diseases – the right to

Financial Compensation of physical damage.

The current system of Health Insurance and Pension and Disability Insurance does not solve

the issue of damage compensation due to Occupational Injury.

The existing system enables an all-encompassing Protection in cases of Disability, however,

from the point of view of International Standards, the main issues are: 1) Nonexistence of

Dedicated Contributions for these Compensations, the existing contributions are both

Employee and Employer obligation, although it is common in systems of insurance for

Employer to be obliged to contribute to compensation for Occupational Injury; 2)

Compensation of Temporary Disability for Labor due to Occupational Injury and Disease is a

direct obligation of Employers, although verified International Conventions legislate that these

compensations must be a burden of Contributions or Taxes; 3) Existing Legislations do Not

govern the issue of Employee damage Compensation, in cases when Employer did Not apply

all Occupational Safety and Health Regulations. Lack of legislation regarding Damage

Compensation Insurance due to Occupational Injury or Disease causes lengthy judiciary

processes where Employees hardly receive just compensation; 4) The current state of affairs

does not motivate the Prevention of Occupational Injuries and Occupational Diseases.

Civil Society organizations can in various ways participate in detailed inquiry of Special

Occupational Insurance due to Occupational Injury and Disease. Some of these organizations

were included in this inquiry through project of the ILO, such as Representative syndicates,

but all other Civil Society organizations can participate (NALED and others).

Almost all Questionnaire participants support the enactment of Special Occupational Injury

and Disease Insurance (Graph 10).

Graph 10. Enactment Support of Special Occupational Injury and Occupational Disease

Insurance

3.7 Occupational Safety and Health Information

The ILO Convention no. 155, 187 and others, general Directive 89/391/EEC and all other

particular Directives promote the Principle of Informing, Consulting, Balanced Participation

in accordance with the rule of national Law and/or Praxis, as well as other Guidelines to apply

these Principles.

The Occupational Safety and Health National Policy of the Republic of Serbia (2006) defines

the principle of Informing on all levels, from national to Employer.

Also, the Occupational Safety and Health Strategy of the Republic of Serbia for the period of

2013-2017 accepts and promotes the principle of Informing based on aforementioned

Documents. According to the Article 60 Statute of the Occupational Safety and Health Law,

the Occupational Safety and Health Directorate has an obligation to inform the public regarding

the state of affairs in the area of Occupational Safety and Health.

The Ministry authorized for Occupational Safety and Health informs the public regarding this

sphere via: website www.minrzs.gov.rs, media, seminars, conferences, printed material and

other.

Yes96%

No4%

Yes

No

No opinion

http://www.minrzs.gov.rs/

On Employer level the Occupational Safety and Health Law determines the obligation of

Employer to inform Employee Representatives, i.e. the Occupational Safety and Health Board

regarding all Occupational Safety and Health Information.

All Legislations of this area define the obligation of Employer to ensure all information and

notices related to Occupational Safety and Health to Employees or their Representatives for

Occupational Safety and Health, and especially of Regulations that are applied with the goal

of obtaining Safe and Healthy Conditions of Labor at Workplace.

3.8 Specialized Technical, Medical and Scientific Institutions related to

Various Aspects of Occupational Safety and Health

3.8.1 University and Faculty Courses related to Occupational Safety and Health

The Strategy to Develop Education up to the year of 2020 represents a strategic response to

numerous challenges that the Educational System of Serbia confronts with. In the Educational

System of the Republic of Serbia there are University institutions that Educate Personnel in the

area of Occupational Safety and Health by study programs of engineering Occupational Safety

and Health, on level of basic academic and basic proficiency studies (180 ESPB points), master

academic studies, academic specialization and proficiency specialization studies (240 to 300

ESPB points) and doctoral academic studies.

In the Republic of Serbia in the year of 1967 the Faculty of Occupational Safety in Nis was

founded, with programs that prepare students, in accordance with the University Law, as

graduated Engineers of Occupational Safety, Environmental Protection and Fire Protection to

perform the Occupational Safety and Health Tasks. Also, the Faculty of Technical Sciences –

Novi Sad organizes study programs of Occupational Safety engineering, as well as Ecological

engineering. On other technical faculties for the study programs courses are organized that

relate to Occupational Safety and Health. Besides aforementioned, there is great number of

proficiency schools that educate engineers to perform the Occupational Safety and Health

Tasks. (Taunus-Taurunum in Zemun, Proficiency High School – Novi Sad, Nis, Uzice etc.)

However, for the purpose of general increase in awareness since the earliest age regarding the

Importance of one’s own Safety and Health, it is necessary to include this Program in

Elementary and High School education to introduce students to the need of nurturing the

Culture of Safety and to gain knowledge in this area. For the first time in the Republic of Serbia,

by enacting the Law of Elementary Education and Culture (“RS Official Gazette’’, number

55/13 and 101/17), a legal frame is created to introduce into school curriculum Programs

regarding Occupational Safety and Health that encompass common school activities, parents,

i.e. caretakers and units of local self-management focused on developing awareness to

implement and improve Occupational Safety and Health. Also, the Law of High School

Education and Culture states that school curriculum, besides others, contains Program of

Occupational Safety and Health, and the Law of Adult Education legislates programs of formal

and informal education, among others and Program to develop and maintain Safe and Healthy

Labor Conditions.

It is needed to be stated that in the beginning of next school year (2019/2020) application of

the Dual Education Law commences, so it is justifiably expected to engage schools, Employers

and Labor Inspection in application of the Occupational Safety and Health Regulations.

The possibility of including Occupational Safety and Health into the educational and pedagogic

system is seen also in extracurricular activities, discussions, lectures, presentations, proficiency

practice etc. The Occupational Safety and Health Program should include common activities

of schools, parents and local authority activities, focused on developing Occupational Safety

and Health Awareness. Increasing awareness of the importance of Occupational Safety and

Health in educational and pedagogical system is one of the basic elements of preventive

approach in the Republic of Serbia, which will enable for future Employers and Employees to

execute appropriate regulations at Workplace and in Working Environment.

Almost all Questionnaire participants support implementation into education courses regarding

Occupational Safety and Health (Graph 11).

Graph 11. Support to implement courses regarding the area of Occupational Safety and Health

into the Republic of Serbia education.

3.8.2 The Research Departments and Institutions that Conduct Studies of Occupational

Safety and Health and Research

The Occupational Safety and Health Directorate is obliged, among others, to research and

stimulate development in the branch of Labor Humanization. The Directorate has carried out

research together with Economic Chamber of Serbia with the goal of analysing principles of

implementing Occupational Injury and Occupational Disease Risk Assessment Principles. The

results of the survey conducted in 2007 indicated that from the 1191th interviewed employer,

only 378 (31.74%) passed a risk assessment act, while 813 (68.26%) did not act in accordance

with the provisions of Article 13 of the Law on safety and health to work. A survey conducted

in 2010 indicates that most employers surveyed 922 (80.95%) adopted an act on risk

assessment at the workplace and in the work environment.

The EU Occupational Safety and Health Agency conducts a plethora of research in the field of

Occupational Safety and Health in the EU member states, where also the Republic of Serbia

participates (analyses of European public opinion regarding Occupational Safety and Health –

Campaign for Healthy Workplaces and others).

Yes94%

No2%No opinion

4%

Yes

No

No opinion

Unfortunately, the Research Institutions have not used the possibility to apply for Occupational

Safety and Health Projects at the Ministry of Education, Science and Technological

Development and neither in the EU Project call ‘’Horizon 2020’’.

3.8.3 The Institutions that Conduct Training in Accordance with Law Requirements

Requirements related to Training Occupational Safety and Health Employees, from the ILO

Conventions and the EU Directives are contained in the national Law – the Occupational Safety

and Health Law and Legislations. According to the listed requirements Employer is obliged to

conduct Employee Occupational Safety and Health Training at the moment of Labor Relation

foundation; other Labor engagement; relocation to other Labor; during implementation of new

technology or new Labor devices; change of Labor equipment or process change that can cause

change in Occupational Safety and Health Regulations. The process of Training skills and skill

verification is conducted in accordance with the Occupational Safety and Health Skill Training

Program. Employer can Train his Employees by hiring outsourced Services.

In accordance with the Occupational Safety and Health Law, Employer can enable

improvement in theoretical skills in this area for Employees chosen to perform these Tasks.

Mentioned improvements in knowledge is conducted according to Theoretical Skill

Improvement and Other Inquiries Rulebook regarding Occupational Safety and Health

Personnel Theoretical Skill Improvement. Training Occupational Safety and Health Personnel

related to their specialization can be organized by the Occupational Safety and Health

Directorate but also Other Institutions, juridical bodies and others.

According to the Adult Education Law, if an organization, institution, economic association or

other organizations receive the status of publicly recognized Organizer, are able to conduct

Training in the area of Occupational Safety and Health.

In the Republic of Serbia Representative syndicates on State level, syndicates on Employer

level, associations, universities, corporations, juridical bodies that professionally conduct

Occupational Safety and Health Tasks and other organizations that hold seminars, conferences,

round tables, workshops that discuss themes regarding Occupational Safety and Health,

contributing to Training of Personnel performing Occupational Safety and Health Tasks.

According to the data of the Occupational Safety and Health Directorate in the period from

August 2006 to June 2017, 9331 candidates applied for the professional examination and

successfully passed 7467 candidates. Analysing the educational structure of those who passed

the professional exam, it is noted that 3102 (41.5%) have not completed the faculty. Bearing

in mind that development of technologies, as well as development of occupational safety and

health, increases complexity of work in this field. So, insufficiently qualified personnel for

occupational safety and health pose a serious challenge to further development of discipline.

The educational structure of those who passed the professional exam is shown in the Table. 11.

Table 11. The Number of Candidates Which Passed the Exam for Performing Occupational

Safety and Health Tasks Based on Their Qualifications 2006 - 2017.

Qualification Number

Craft school (III years) 106

Secondary school 1167

Craft school (IV years) 61

College 1768

Qualification Number

University degree (IV years) 4055

University (V years) or (IV + 1-year post

graduate)

10

University + 2 years post graduate 59

Total 7467

Majority of Questionnaire participants have rated negatively the offer of courses and other

forms of Occupational Safety and Health Training (Graph 12.).

Graph 12. Rating of offered courses and other forms of Occupational Safety and Health

Training

3.8.4 The Institutions and Laboratories Specialized for Hazzard and Risk Assessment

(Chemical Safety, Toxicology, Epidemiology, Product Safety, etc.)

In accordance with the Occupational Safety and Health Law Employers are obliged to conduct

Risk Assessment of all Workplaces in Working Environment, i.e. Danger and Hazard

Assessment, respecting the procedure defined by Method and Process Rulebook regarding

Workplaces and Working Environment Risk Assessment. Prior Requirement to performing

Risk Assessment is to examine conditions of Working Environment and Examine and Evaluate

Labor Equipment in order to recognize Workplace Dangers and Hazards. In the Republic of

Serbia (1/3/2018) 22 legal Bodies are authorized and Licensed to perform Examination of

Working Environment Conditions and 27 to Examine and Evaluate Labor Equipment. The

mentioned legal Bodies issue professional results regarding conducted Examination of

Working Environment Conditions, i.e. Examination and Evaluation of Labor Equipment. Legal

Bodies that conduct Examination of Working Environment and Examination and Evaluation

of Labor Equipment must fulfil requirements (laboratories, instruments, research methodology

etc.) in accordance with the Requirement and Cost Rulebook to Grant License to perform

Occupational Safety and Health Tasks. These Legal Bodies are listed on the Ministry of Labor,

Veterans' and Social Affairs website,

Yes21%

No64%

No opinion15%

Yes

No

No opinion

Employers can hire outsourced Services, i.e. Legal Bodies and entrepreneurs Licensed to

perform the Occupational Safety and Health Risk Assessment. Total number of these Legal

Bodies and entrepreneurs (1/3/2018) is 350. Legal Bodies and entrepreneurs performing Risk

Assessment are listed on the mentioned Ministry website.

Majority of Questionnaire participants rate application of Workplace and Working

Environment Risk Assessment as satisfactory (Graph 13). Questionnaire participants rate the

quality of services offered by organizations performing Occupational Safety and Health Tasks

as good (Graph 14).

Graph 13. Rating of conducted Workplace and Working Environment Risk Assessment.

Graph 14. Rating of Service quality for organizations performing Occupational Safety and

Health Tasks.

22,6

30,2

24,5

17

3,8

1,9

0 5 10 15 20 25 30 35

Non-satisfactory

Satisfactory

Good

Very good

Excellent

Not applicable

7,5

30,2

34

9,4

5,7

1,9

11,3

0 5 10 15 20 25 30 35 40

Non-satisfactory

Satisfactory

Good

Very good

Excellent

Not applicable

No opinion

3.8.5 The Institute for Standardization

In accordance with the Standardization Law the Institute for Standardization of Serbia is

founded as the only National Body for Standardization in the Republic of Serbia. This Institute

conducts, among others, the following activities:

• Enacts, published, re-evaluates and annuls Serbian Standards, in accordance with

Institute rules;

• Ensures concordance of Serbian Standards with International and European Standards;

• Acts as Centre for Standards Information, for informing and noticing regarding

Standards, in accordance with requirements legislated with International Agreements

and obligations from appropriate International and European Standardization

Organizations;

• Enables the use of national symbol of concordance with Serbian Standards, in

accordance with the Institute rules;

• Provides Professional Assistance for application i.e. fulfilment of requirements for

Serbian Standards.

The application of Serbian Standards and associated Documents is voluntary. Technical and

other Legislation can only be called by published Serbian standards. Institute for

Standardization activities contribute to the development of Occupational Safety and Health by

transposing the EU Standards into Serbian standards.

3.8.6 The Professional Associations

In the area of Occupational Safety and Health the Professional Associations are those which

are registered in the authorized organ. In the Republic of Serbia there are multiple Associations

registered with different operations. The Occupational Safety and Health Association is a

voluntary, politically independent, non-profit organization founded to develop activities for

improvement of Occupational Safety and Health, improvement of Labor Conditions and

preservation of Working and Living Environment. Organization and activity of this

Association are based on the following goals, among others to: Develop, Stimulate and Aid

activity of everyone interested in constant and systematic betterment and improvement of

Occupational Safety and Health and Labor Conditions; Monitors and Evaluates Issues in the

area of Occupational Safety and Health and in the scope of activities initiates and proposes

Regulations to

interested and authorized organs for their application and other.

Besides aforementioned, on the territory of the Republic of Serbia other Associations act in the

area of Occupational Safety and Health, such as: Association to Improve Occupational Safety

and Employee Protection of Serbia’s Infrastructure, Labor Safety Alliance of Serbia,

Association of Occupational Safety and Health of the city of Belgrade, Association of

Occupational Safety and Health of Ras County, Labor Safety Association of Macva County,

Labor Safety Association of Sid and others.

Questionnaire participants are disagreeing in rating Non-Governmental Organizations

contribution the development of the area of Occupational Safety and Health (Graph 15.).

Graph 15. Contribution of Non-Governmental Organizations to the development of the area of

Occupational Safety and Health.

3.9 Coordination and Cooperation

The ILO Documents and the EU Documents regarding the area of Occupational Safety and

Health define a Principle of Coordination and Cooperation on all levels from national to

Employer.

Also, the National Policy of the Republic of Serbia promotes Cooperation in the area of

Occupational Safety and Health on all levels of Employer, Employee and State Organization

(Employee Union, Syndicates, Inspection, Funds for Pension, Disability and Community-

health Insurance, NGOs and other). According to accepted Policy of the Occupational Safety

and Health Law Obligatory Cooperation of Employers and Employees is enacted (Article 48),

as well as Cooperation on NATIONAL level (Article 52). Based on obligations defined by this

Law and contained Legislations, Cooperation and Cooperation of Employers and Employees

is enacted.


The principle of Coordination and Cooperation is accepted mostly by Employers with foreign

funds where higher level is demanded and coherent application of the Occupational Safety and

Health Regulations. Coordination and Cooperation has not evolved to a satisfactory level for

small and medium Employers in relation to these Employers perception of investment into

Occupational Safety and Health Regulations as expenditure.

It is recommended to increase awareness as much as possible regarding Coordination and

Cooperation of Employers and Employees by implementing all manner of education on all

levels. This sort of education is best implemented by corporate responsibility of Employer, as

well as engaging Civil Society in this issue.

40%

30%

30%

Yes

No

No opinion

To improve knowledge and skills in the area of Occupational Safety and Health, it is

recommended to realize possibilities of founding and organizing Centre/Centres for

Occupational Safety and Health education, having in mind general intention and practice of

developed countries with lifelong, i.e. continuous education. Continuous education/training of

Occupational Safety and Health should be organized on three levels: basic education/training;

advanced education/training; economically oriented education/training.

From the aspect of Occupational Safety and Health in the following period it is recommended

to focus especially on training self-employed.

Related to education/training of all interested in Occupational Safety and Health, as well as

specializing Personnel in this area it is recommended to conduct Standardization of

conferences, seminars, workshops that were relevant to Certificate issuing as soon as possible.

In solving this issue participation of Civil Society would be valuable.

Also, it is recommended to Examine as soon as possible, in order to conduct Employee

activities easier, as well as for new technologies, whether Employers themselves can perform

Evaluations and Examinations of Labor equipment and which equipment, and Examination of

Working Environment Conditions, as for example microclimate, lighting and so on.

4 ROLE OF OCCUPATIONAL SAFETY AND HEALTH SOCIAL

PARTNERS

4.1 Social Partners Occupational Safety and Health Program

The Socioeconomic Council for the Territory of the Republic of Serbia contains the Permanent

Working Body for Issues of Occupational Safety and Health which creates the Social Partners

Occupational Safety and Health Program and is formed according to the Socioeconomic Law.

The goal of this Council’s activity is, among others, consideration of Employee and Employer

Issue of Status and their Life and Labor Conditions and development of Social dialogue.

On Employer level Social Partners are Employer Representatives and Representatives of

Representative Syndicate/Syndicates, that can create the Social Partners Occupational Safety

and Health Program, with the goal of developing Social dialogue in order to better apply

Occupational Safety and Health Regulations. For Employers where no Syndicate is organized

Employee Representatives can develop the Social Partners Occupational Safety and Health

Program with Employer.

4.1.1 Employer Organizations

4.1.1.1 The Employers Union of Serbia

In the Republic of Serbia there exists one representative organization of Employers – The

Employers Union of Serbia. In the area of Occupational Safety and Health, the Employers

Union of Serbia, actively participates in the process of Law, Legislation, Strategic Documents

and Accessory Acts enactment regarding the Occupational Safety and Health System. Sector

Preventive Engineering is formed on the level of EUS and carries out Representation of

Employer Interests through the creation of maintainable Occupational Safety and Health

System. The EUS goal is to, among others, gather companies that perform Occupational Safety

and Health Tasks, raise Employer awareness about the importance of Safe and Healthy Labor

Conditions, as well as increase general and business Culture i.e. national Culture of Prevention

in the area of Occupational Safety and Health. To realize this goal the EUS independently or

in cooperation with interested parties and partners organizes and participates in numerous

activities and trainings in the sphere Occupational Safety and Health especially concerning

small and medium Employers. EUS as a partner actively participates in the Socioeconomic

Council operations.

4.1.1.2 The Economic Chamber of Serbia

On the level of economy, the Economic Chamber of Serbia has an important role in

implementing Occupational Safety and Health Policies, i.e. manifesting an economic ambient

to create a coherent application of Legislations in this sphere.

The Economic Chamber of Serbia, according to the rule of Economic Chamber Law,

cooperates with the National Parliament, the Government, authorized State governance Organs

and Institutions and their Workgroups, related to Issues of Economic Interest by participating

in Project Draft furnishing and other Legislation related to the Economy, as well as

Occupational Safety and Health Legislations and submits to the authorized Ministry analysis

of application of particular Legislations of value to the economy, with Propositions to improve

implementation quality of those Legislations. The Economic Chamber of Serbia, with the goal

of establishing a Social dialogue, Cooperates with Employer organizations and Employee

syndicates, regarding Issues of Equal Status of Employees and Other Issues of common

interest.

The Economic Chamber of Serbia Cooperates with other economic Chambers, as well as

appropriate Associations, Institutions and Organizations in the country and abroad.

Other Associations also act on the territory of the Republic of Serbia that gather businessmen.

4.1.1.3 National Alliance for Local Economic Development (NALED)

NALED is an independent, non-profit and non-partisan association of companies,

municipalities and civil society organizations that work together to create better living and

working conditions in Serbia. Since its inception in 2006, NALED has grown into the largest

private-public association. NALED gathers nearly 280 members, and the network of partners

consists of more than 100 state institutions and international organizations.

NALED has positioned itself as a key panellist of the Government and Parliament in defining

regulatory priorities and legal solutions of importance for the economy. It gives an independent

assessment of the work of state institutions and reports to the public and the European

Commission on the status of reforms in Serbia. NALED members advocate an efficient state,

reduce bureaucracy and parafiscal burdens on the economy, and loyal competition. All NALED

activities are aimed at improving the business climate at the national and local levels.

4.1.2 Employee Organizations

In the Republic of Serbia exist three representative Associations of Employees: Alliance of

Independent Syndicates of Serbia, United Branched Syndicates ‘’Nezavisnost’’ and

Confederation of Independent Syndicates.

4.1.2.1 The Alliance of Independent Syndicates of Serbia

The Alliance of Independent Syndicates of Serbia has adopted the Occupational Safety and

Health Resolution, and together with other Social Partners has signed the Declaration of

Occupational Safety and Health. The AISS as the oldest syndicate organization in Serbia has

given special attention to the area of Occupational Safety and Health, so a special proficient

team for Occupational Safety and Health is formed, and Branched Syndicates have formed

special Workgroups for Occupational Safety and Health. The AISS continuously performs

activities that all Rights, Obligations and Responsibilities of Labor Relation, which means all

Rights, Obligations and Responsibilities in the area of Occupational Safety and Health are

legislated by Collective Contract. For this reason, the AISS has prepared an experimental

example of the Occupational Safety and Health Collective Contract for Labor at Employer,

which serves, before all, as aid for Syndicate Representatives and Employer Representatives,

as a guideline and help in negotiations with Social Partners and concluding the Collective

Contract at Employer. Also, individually or collectively with Social Partners the AISS and

Branched Syndicates perform continuous education of Occupational Safety and Health

Syndicate Members. Activities are mostly focused on High Risk Labor where Occupational

Injuries manifest most often.

4.1.2.2 The United Branched Syndicates “Nezavisnost”

United Branched Syndicates “Nezavisnost” in their program orientation, as one of more

important activity, define precise activities to continually improve Occupational Safety and

Health. Those activities the UBS “Nezavisnost” implement, before all, through actions of the

Program Board for Living and Working Environment Protection. The United Branched

Syndicates focus special attention on: activities to develop quality and efficient cooperation

with the Occupational Safety and Health Directorate and the Labor Inspectorate, with the goal

of improve Occupational Safety and Health; application of the Occupational Safety and Health

Law, and of accessory normative Legislations, which encompass this area; participation in

bipartite and tripartite bodies regarding Occupation Safety and Health; activities to promote

and apply in practice the Declaration of Socioeconomic Council of the Republic of Serbia

regarding Occupational Safety and Health; enactment of Collective Contracts of Occupational

Safety and Health; Promotional Activities and organization of campaigns to decrease

Occupational Injury and Disease, especially in particular branches of Labor where most needed

(construction, chemical industry, agriculture, healthcare and other); constituting and

functioning of the Board for Occupational Safety and Health; preparation and creation of

promotional material for Occupational Safety and Health; education and training of Members

for proper and efficient activities regarding Occupational Safety and Health.

4.1.2.3 The Confederation of Independent Syndicates

The Confederation of Independent Syndicates is an organization of syndicates united on the

level of the Republic of Serbia and organized by branches and regions. Occupational Safety

and Health represents one of the important segments of Confederation of Independent

Syndicate operations and is realized on all levels of activity. On lower levels it acts through

Boards for Occupational Safety and Health. The Confederation of Branched Syndicates is

engaged through members for every Collective Contract at Employer to obligatorily include

the chapter where Occupational Safety and Health is defined.

In the Republic of Serbia there is a great number of registered Syndicates as for branch level

as for Employer level.

Questionnaire participants are disagreeing in rating syndicate contribution to the development

of Occupational Safety and Health (Graph 16)

Graph 16. Rating of syndicate contribution to the development of Occupational Safety and

Health

4.2 Participation in National, Sector and Company Level

4.2.1 Participation of the National Tripartite Board for Occupational Safety and Health

Issues of Employee Representatives and their election into the Board for Occupational Safety

and Health, as well as Board operations are regulated by the Occupational Safety and Health

Law in accordance with the ILO Convention no. 135, as well as the Directive 89/391/EEC.

Tripartite Social dialogue in the area of Occupational Safety and Health is between:

Employees, Employers and the State. Social dialogue on tripartite basis is encompassed by the

Socioeconomic Council on the territory of the Republic of Serbia. Within this Council there is

a working body of Occupational Safety and Health.

4.2.2 The Bipartite Boards

The Bipartite Social Dialogue in the area of Occupational Safety and Health is carried out

through Representatives: Employee and Employer (the State can be in the role of Employer-as

Insurer of Legislative and Institutional Frame).

Bipartite relation on Employer level is carried out by Employees having the right to choose one

or more Representatives for Occupational Safety and Health. At least three Employee

Representatives create the Board of Occupational Safety and Health. Employer is obliged to

Yes38%

No38%

No opinion24%

Yes

No

No opinion

include in the Board at least one Representative, so that the number of Employee

Representatives is greater for at least one than the number of Employer Representatives. The

Process and Method of Employer and Employee Representative Activities and the Board,

number of Employee Representatives at Employer, as well as their relation to Syndicate is

legislated by Collective Contract or Act concluded between Employer and Employee

Representatives.

Employer is due to enable Employee Representative, i.e. the Board, the following: insight to

all Acts that relate to Occupational Safety and Health; to participate in discussing all Issues

related to Occupational Safety and Health, to propose and be consulted, as well as to inform

regarding all Information related to Occupational Safety and Health.

Employer and Employee Representative, i.e. Board and Syndicate, are due to mutually

Cooperate regarding Issues of Occupational Safety and Health.

4.2.3 Participation on Company Level

Employees of Employer participate in Evaluating Issues of Occupational Safety and Health

through Syndicates or directly through their Representative, i.e. through the Board of

Occupational Safety and Health and Employees Council. Employer is due to ensure Employee

Representative activities without harassment by enabling leave from Labor at Workplace for

which he is commissioned for the duration of at least five working hours per month with the

right to salary that is calculated to provide technical and spatial conditions in accordance with

spatial and financial possibilities, to perform activities of Employee Representatives. In the

prior Part 4.2.2 a way for Employee Representatives to participate in solving Issues regarding

Occupational Safety and Health at Employer level.

Questionnaire participators are disagreeing in rating Employer and Employee Representatives

Cooperation in the area of Occupational Safety and Health as unsatisfactory (Graph 17) At the

same time participators rate contribution of the Board to the improvement of Occupational

Safety and Health at Employer level as good (Graph 18).

Graph 17. Employer and Employee Cooperation rating in the area of Occupational Safety and

Health is unsatisfactory.

Graph 18. Rating of contribution of the Board for Occupational Safety and Health to

improvement of Occupational Safety and Health at Employer level.

4.3 The Occupational Safety and Health Collective Negotiation

The Collective Negotiations are two-way negotiations of Employer Representatives and

Employee Representatives, i.e. Syndicates for creation of Collective Contracts.

The Collective Agreement can be concluded as General, Special or at Employer. The

Occupational Safety and Health Issues are contained in all Collective Contracts and on all

levels due to Syndicate intensive focus to Legislate these Issues.

Rights, Obligations and Responsibilities related to Occupational Safety and Health, defined by

Law, are precisely regulated with General Employer Act, Collective Contract or Labor

30,2

30,2

28,3

5,7

3,8

1,9

0 5 10 15 20 25 30 35

Non-satisfactory

Satisfactory

Good

Very good

Excellent

Not applicable

No opinion

17

17

26,4

7,5

17

15,1

0 5 10 15 20 25 30

Non-satisfactory

Satisfactory

Good

Very good

Excellent

Not applicable

No opinion

Contract. It is defined by Law that Employer is obliged by General Act, i.e. Collective Contract,

to define Rights, Obligations and Responsibilities in the field of Occupational Safety and

Health. Also, it is defined that Employer having up to 10 Employees – Rights, Obligations and

Responsibilities can be defined by Labor Contract.

The Labor Law defines that Collective Contract at Employer in the area of Occupational Safety

and Health and Labor Contract, can define greater Rights and better Labor conditions than

Rights and Conditions defined by this Law, but cannot define lesser Rights and worse Labor

Conditions than Conditions defined by Law.

By rule, all Rights, Obligations and Responsibilities at Employer are legislated by Collective

Contract.

4.4 Abstract

4.4.1 Abstract of Particular Employers Responsibilities

Rights, Obligations and Responsibilities of Employer in the field of Occupational Safety and

Health, taking into account requirements of the Conventions and the Directives, are defined by

the Statutes of the Occupational Safety and Health Law, and more precisely legislated by

General Employer Acts, however Employer is not free from Duties and Responsibilities

regarding application of the Occupational Safety and Health Regulations by selecting other

Person or transferring Obligations and Responsibilities to other Person.

The most important Obligations of Employer are to: enact Risk Assessment Act; select

Personnel for Occupational Safety and Health; secure performance of Labor on Workplace for

Employees where Occupational Safety and Health Regulations are implemented; train

Employees in Occupational Safety and Health; ensure Utilization of Personal Protection Labor

Devices and Equipment for Employees; ensure Maintenance of Labor Devices and Devices

and Equipment for Personal Protection in functional condition; ensure on the basis of Risk

Assessment Act and Evaluation of Occupational Health Services supposed medical

examination of Employees; ensure First Aid application; Stop any sort of Labor, that represents

Immediate Danger to Life or Health of Employees and others.

Questionnaire participants have rated Employers engagement to the development of

Occupational Safety and Health in their organizations as – good (Graph 19).

Graph 19. Rating of Employer engagement to the development of Occupational Safety and

Health in their organizations.

4.4.2 Abstract of Employee Rights and Obligations

On similar way as in point 4.4.1 of this Document, Rights and Obligations of Employees in the

area of Occupational Safety and Health, taking into consideration the Convention and the

Directive requirements, are defined by the Statutes of Art. 32-36 of the Occupational Safety

and Health Law, and are more precisely defined by General Employer Acts.

It is specially pointed by Law that Employees have Right to, in certain conditions, Refuse to

Work, and if: threatened by Immediate Danger to life and health due to Failure to Implement

Legislated Occupational Safety and Health Regulations for Workplace of his position, until

those Regulations are implemented; Employer did not provide Legislated Medical Examination

or if the Examination proves failure to fulfil required Medical Conditions, for Labor on High

Risk Workplace; during Training in Occupational Safety and Health have not been introduced

to all manner of Risk and Regulations for their removal, for Labor or on Workplaces positioned

by Employer; working longer hours, i.e. Night Labor, if, the Occupational Health Services

define that sort of Labor could worsen his/her Health Condition; operating Labor Devices on

which legislated Occupational Safety and Health Regulations were Not Applied.

Beside defined Rights, Employees also have Obligations, among others, to apply legislated

Occupational Safety and Health Regulations, to utilize Labor Devices and Dangerous Matter

with intent, to utilize legislated Personal Protection Devices and Equipment and to handle it

with care, so no danger is to come to him/herself or to other persons, to inspect Workplace

before commencing Labor, including Labor Devices utilized, as well as Personal Protection

Devices and Equipment, and in case of perceived irregularities inform Employer or other

authorized person, as well as to Cooperate with Employer and Personnel for Occupational

Safety and Health, so legislated Occupational Safety and Health Regulations would be

implemented for his position of Labor.

22,6

24,5

37,7

3,8

9,4

1,9

0 5 10 15 20 25 30 35 40

Non-satisfactory

Satisfactory

Good

Very good

Excellent

Not applicable

The greatest number of Questionnaire participants have rated engagement of Employees in the

development of field of Occupational Safety and Health as unsatisfactory (Graph 20).

Graph 20. Rating of Employee engagement in the development of Occupational Safety and

Health field.

4.4.3 Abstract of Rights and Responsibilities of Representatives for Occupational Safety

and Health

Choice of Employee Representatives at Employer is conducted most often by Syndicate

organization. The issue of Employee Representative, having in mind obligations of

International Legislation, is defined by the rule of Law. According to Law, Employee

Representatives, i.e. the Board possess the right to: propose to Employer proposals on all issues

related to Occupational Safety and Health; to demand that Employer executes appropriate

Regulations to remove or decrease Risk jeopardizing Safety and Health of Employees; to

require Labor Inspection operations, if deeming that Employer has not implemented proper

Occupational Safety and Health Regulations, as well as be present during Inspectional

Supervision.

Also, Employer is due to introduce Employee Representatives, i.e. the Board with: Results and

Proposals of Occupational Safety and Health Preventive Regulations or executed Regulations

of Labor Inspection; Occupational Injury, Occupational Disease and Occupational Health Issue

Reports and with executed Occupational Safety and Health Regulations and with executed

Regulations to Prevent Immediate Danger to Life and Health.


Developed Social Dialogue as well as on State level as for Employer level contributes to better

understanding of Occupational Safety and Health Issues, and the final goal is to decrease

Occupational Injuries and Occupational Diseases. It is of special importance to develop

Collective Negotiations on all levels regarding Occupational Safety and Health, where a great

30,2

30,2

22,6

7,5

5,7

1,9

0 5 10 15 20 25 30 35

Non-satisfactory

Satisfactory

Good

Very good

Excellent

Not applicable

part is played by Syndicates as Civil Society organizations. It can be said that in the Republic

of Serbia Social dialogue, i.e. Collective Negotiation in the field of Occupational Safety and

Health is developed.

With the goal of developing Social Dialogue it is recommended to increase capacity of Civil

Society organizations which would be determined by strategic Documents of Occupational

Safety and Health. To ensure the role of Civil Society organizations in Collective Negotiations

it is recommended to, as well as on state level as for Employer level, determine Personnel to

cooperate with Civil Society organizations who possess knowledge and skills required for these

activities.

Having in mind the need for Employee Representatives to possess a more significant role in

Collective Negotiations, it can be marked that the role of Employee Representatives has not

found proper place in practice at Employer and possesses foundations of developing ways of

activities and organizations of Civil Society to provide Proficient Aid, Develop Projects for

creating Initiative to Implement Occupational Safety and Health Regulations.

Special recommendation would refer to participation of Sensitive Groups to Collective

Negotiation, i.e. Persons with Disability, by applying appropriate Regulations for Equality (for

example informing in accessible forms, enabling participation to meetings, internet counselling

in accessible forms, ensuring translation to sign language and other).

5 ACTIVITIES AND FUTURE ACTIVITIES RELATED TO


5.1 Promotional Programs and Activities

The Occupational Safety and Health Directorate and the Labor Inspectorate in the Ministry of

Labor, Veterans' and Social Affairs in the scope of their authorities perform Occupational

Safety and Health Promotion in the Republic of Serbia through a list of Promotional Programs

and Activities. Programs and Activities of Occupational Safety and Health Promotion is

performed together with Social Partners, NGOs and others.

With the goal of decreasing the number of Occupational Injuries and Occupational Diseases

the Occupational Safety and Health Directorate cooperates with Social Partners to educate

Employees, Occupational Safety and Health Personnel and other participators in the

Occupational Safety and Health System regarding application of Law and Legislations that

ensure System functioning.

The Directorate performs activities of Agency Confidant (Informative Network) in Serbia with

the goal of information exchange with interested parties. In Informative Network activities

participate Social Partner Representatives, Associations of Occupational Safety and Health,

educational institutions and professionals in this area.

For the occasion of defining 28th of April as World Occupational Safety and Health Day and

Occupational Safety and Health Day in the Republic of Serbia, the Directorate in cooperation

with Labor Inspectorate, Social Partners, OSH Institutes, Non-Governmental Organizations

and other partners has organized Competitions to award national recognition related to the

sphere of Occupational Safety and Health, those being: ’’28th of April’’ Bill for Legal

Bodies/Entrepreneurs in categories up to 250 and over 250 Employees, ’’28th of April’’

Plaquette and ’’28th of April’’ Commendation.

The Directorate traditionally, in cooperation with Labor Inspectorate, Social Partners, OSH

Institutes, Non-Governmental Organizations and other partners acknowledge ‘’28th of April’’

as Occupational Safety and Health Day; 6th of August – Miners Day; 8th of August-

Construction Workers Day; every other year Occupational Safety and Health Fair is organized;

in the last week of October European Occupational Safety and Health Week is organized; as

for a list of other Promotional activities.

Participants in the survey assessed promotional activities in the field of occupational safety and

health as unsatisfactory (Chart 21).

Graph 21. Assessment of The Promotional Activities in The Field of Occupational Safety and

Health

5.2 Creation of International Capacities for Technical Cooperation that

Directly Relate to Occupational Safety and Health

The ILO for the area of Occupational Safety and Health provides Technical assistance via

Representatives – Coordinator for Cooperation for the Republic of Serbia by issuing Projects

to improve and Promote this area (marking of International Occupational Safety and Health

Day – 28th of April, concluding the Labor Dignity Agreement and other).

The EU Occupational Safety and Health Agency, with the seat in Bilbao, provides assistance

in marking the European Occupational Safety and Health Week.

The EU Commission via TAIEX and Expert Commission assists the Republic of Serbia in

transposing the Directives regarding the domain of Occupational Safety and Health.


In the Republic of Serbia since year 2005, i.e. enactment of the Law, promotional activities in

the area of Occupational Safety and Health are intensely implemented. The actors of these

37,7

32,1

17

5,7

1,9

5,7

0 5 10 15 20 25 30 35 40

Non-satisfactory

Satisfactory

Good

Very good

Excellent

Not applicable

No opinion

activities were the Ministry authorized for Occupational Safety and Health, the media, big

corporations of various types, universities, schools, associations, other NGOs and others, which

contributes to improvement and popularization of Occupational Safety and Health. With the

goal of promoting this area great number of various publications, brochures, flyers etc. were

printed in cooperation with Social Partners, the ILO and the EU Occupational Safety and

Health Agency. In the following period defined activities should be continued which Promote

this area.

To strive to cooperate even more with the ILO, the EU Occupational Safety and Health Agency,

Occupational Safety Association of Macedonia and other regional Associations. Together with

Civil Society organizations we should strive to solve the Issues of the role of Occupational

Health, Special Occupational Injury Insurance, Unitary Occupational Injury Registry and Other

Inquiries via the EU projects (IPA, TWINNING etc.), bilateral Cooperation with countries in

region, as with other countries, National and International Associations.

6 OCCUPATIONAL SAFETY AND HEALTH RESULTS

6.1 Registering and reporting occupational health issues and diseases

As mentioned before in Articles 50 and 51 of Occupational Safety and Health Law, employer

is obliged to immediately, up to 24 hours from the event, report in oral and written form to the

occupational inspection and the institution for internal affairs each fatality, collective or serious

occupational health issues, a health issue which disables the employee to work for more than

three consecutive workdays, as well as dangerous events that could jeopardize the safety and

health of the employees. The employer is due, in no more than three consecutive workdays

from the moment of becoming aware of the event, to report to proper occupational inspection

occupational diseases, i.e. occupational health issues of the employees.

Rulebook for writing reports in appropriate form regarding occupational injuries and diseases

regulates the process of submitting the report about occupational injuries and diseases and

precisely defines deadlines for the employer and others in the process. According to this

Rulebook, employer submits Report in five copies, that are completed by a physician.

Employer submits the completed Reports to The National Health Insurance Fund. In

accordance with Rulebook, The National Health Insurance Fund authenticates all five copies

of the report. In practice, The Fund verifies reports only after a decision is made by The Fund’s

commission. Verified copies of Report are distributed in the following manner: The Republic

Fund retains one copy, and the remaining four are returned to the employer. Employer retains

one copy for itself, one is delivered to the injured laborer, one is forwarded to The National

Pension and Disability Insurance Fund and one copy is forwarded to The Occupational Safety

and Health Directorate. In the list of institutions that receive Report of occupational injuries

Institute for Public Health “Dr Milan Jovanovic Batut” is not mentioned and according to

Health Documentation and Registry Law belongs to healthcare (Article 31) and is obliged to

keep registries concerning occupational injuries.

The registry of occupational diseases in Serbia is affected by an unclear procedure of

determining occupational diseases. Also, current legislations do not define who diagnoses

occupational diseases, who verifies that diagnosis and neither who is charged for occupational

disease diagnostics. Furthermore, current legislations do not presume a 2-step decision making

process.

Rulebook for determining occupational diseases is enacted in 2003 based on Rulebook enacted

in 1997 and it defines 56 occupational diseases for whom are given general determination

criteria.

Rulebook does not presume the possibility of determining occupational diseases that are not

listed and by so the list of occupational diseases in Serbia is categorized as a closed list.

6.2 Occupational injury and disease Statistics

Data concerning occupational injuries comes from three sources: The National Health

Insurance Fund, Occupational Safety and Health Directorate and Health Inspection. As Health

Inspection has an obligation to supervise only in cases of severe occupational injuries and

fatalities, a significant difference in completed supervisions and number of occupational

injuries registered in National Health Insurance Fund can only be partially explained.

Furthermore, a significant difference is evident in the number of occupational injuries

registered by National Health Insurance Fund and Occupational Safety and Health Directorate.

The Number of Occupational Injuries in Serbia 2009-2016 is presented in Table 12. It should

be noted that the number of occupational injuries does not include injuries in agriculture (for

individual farmers), security services and the military.

Table 12. The Number of Occupational Injuries in Serbia 2009-2016.

Year 2009 2010 2011 2012 2013 2014 2015 2016

Health insurance

Number of

occupational injuries 21.870 22.301 19.717 15.843 17.556 17.759 19.393 19.549

Serious injuries 4.172 4.130 3.631 2.841 3.268 3.103 3.395 3.223

Fatal injuries 32 37 26 22 32 25 23 47

Occupational safety and health administration

Number of

occupational injuries 9.391 8.670 10.247 6.765 7.766 7.457 7.991 9.064

Serious injuries 1.472 1.222 1.387 829 1.237 1.153 1.176 1.236

Fatal injuries 12 4 10 6 3 1 5 8

Labor inspectorate

Number of

inspections due to

occupational injury

1.286 1.322 1.082 1.243 1.146 1.100 947 900

Serious injuries 1.004 1.026 958 1.003 849 904 780 774

Fatal injuries 37 35 43 39 35 38 38 42

In the analysis of occupational injuries, the most examined is the incidence of occupational

injuries given per 100 000 employees. Comparation of occupational injuries in Serbia with

those in other countries is burdened by the definition of an occupational injury and many other

methodological problems (Graph 22. Incidence of occupational injuries in Serbia per 100 000

employees 2009-2016). However, having in mind all restrictions it is evident that the incidence

of occupational injuries in Serbia is in year 2013 and 2014 lower than compared to developed

European Countries. In Serbia it is around 950 injuries per 100 000 employees for the given

period, and in France over 3000, Germany 1900, Austria, Slovenia and Italy around 1500 (1).

Significantly lower incidence is evidenced in Greece, Bulgaria and Romania and is around 100.

Incidence of serious occupational injuries in Serbia per 100.000 employees 2009-2016. is

presented Graph 23.

Graph 22. Incidence of Occupational Injuries in Serbia Per 100.000 Employees 2009-2016.

Graph 23. Incidence of Serious Occupational Injuries in Serbia Per 100.000 Employees 2009-

2016.

Comparing the incidence of occupational fatalities with those of EU countries points that the

incidence of occupational fatalities in Serbia is similar to the incidence in the most developed

countries in 2013 and 2014. In Serbia it was around 1,5 fatalities per 100.000 employees in that

period, and in Sweden, England and Finland it was somewhat below 1. In contrast with it is the

data regarding incidence of occupational fatalities in Bulgaria, Latvia, Lithuania and Romania

11021173

1057

849

941962 975

973

0

200

400

600

800

1000

1200

1400

2009 2010 2011 2012 2013 2014 2015 2016

210217

195

152

175168 171

160

0

50

100

150

200

250

2009 2010 2011 2012 2013 2014 2015 2016

with the incidence registered over 4 per 100.000 employees (1). Graph 24 presents Incidence

of Fatal Occupational Injuries in Serbia per 100.000 employees in 2009-2016.

Graph 24. Incidence of Fatal Occupational Injuries in Serbia Per 100.000 Employees 2009-

2016.

The number of evidenced occupational diseases decreases every year. In the beginning of

2000s the incidence was over 100 cases per year only to fall below 10 cases per year after 2013,

that is 0,5 cases per 100 000 employees. The number of reported occupational diseases to the

Occupational Safety and Health Directorate is even lower and in the last year reaches a

negligible level. According to data published by the European Commission, the incidence of

occupational diseases in EU countries was 37 cases per 100 000 employees in year 2001 (2).

A part of this enormous difference can be explained by the difference in normative definitions

of this area in Serbia and in EU countries, however the difference is enormous, the incidence

of occupational diseases is over 70 times larger in EU countries than in Serbia. The difference

is even larger if the data regarding EU countries is compared with the data obtained from

Occupational Safety and Health Directorate. Change in the incidence of occupational diseases

in Serbia is shown by graph 25 for the period 2000-2016.

1,61

1,95

1,39

1,18

1,72

1,35

1,16

2,34

0,00

0,50

1,00

1,50

2,00

2,50

2009 2010 2011 2012 2013 2014 2015 2016

Graph 25. Incidence of Occupational Diseases in Serbia In the Period 2000-2016.

6.3 Indicators of effect

Comparation of data regarding the incidence of occupational diseases and injuries in Serbia

with those of EU countries shows that the incidence is unrealistically lower in Serbia and on

this basis, it is not possible to perceive the real state of occupational safety and health in Serbia.

The conducted survey indicates that 40.7% of the respondents believe that the procedure for

reporting the injury at work is complicated. The results of the survey are shown in Graph 26.

Graph 26. Complexity of Occupational Injury Reporting

232205

143

9780 78 66

82

46

1034 41

15 13 7 4 77 3 7 6 2 1 3 10

50

100

150

200

250

20

00

20

01

20

02

20

03

20

04

20

05

20

06

20

07

20

08

20

09

20

10

20

11

20

12

20

13

20

14

20

15

20

16

SIOH OSHD

Complicated41%

Simple55%

No opinion4%

Complicated

Simple

No opinion

6.4 Situation analysis and recommendations

The beforehand shown incidence of occupational diseases and injuries in Serbia is

unrealistically low so the first step to improve the state of occupational safety and health in

Serbia should be the improvement of data quality. Data collection regarding occupational

injuries can be improved very quickly by implementing a software solution that already exists,

that is by changing the system of injury registration. Proposed concept predicts that the process

of injury report starts with the physician who is the first to observe the injured and not, as was

until now, with the employer. In this new concept, the employer would file an occupational

injury report in electronic form after the physician has entered the details of the injury.

This method would enable the registration of significantly greater number of occupational

injuries, for them to be analysed in a quality manner and appropriate preventive measures to

be taken accordingly.

Improvement of occupational disease registration is a far more complex process because it

requires more changes in the system. First, it is required to precisely define who diagnoses an

occupational disease and who is charged for their diagnostics. Of course, an update is needed

for the list of occupational diseases, an option to determine occupational diseases not on the

list, enabling of 2-step authentication of the process.

Organization of occupational disease and injury registration process is a basic requirement for

occupational disease insurance without whom no maintainable progress is possible in the area

of occupational safety and health.

7 BASIC INFORMATION

7.1 Demographic data

According to the official data from Population Census done in 2011 in Serbia there are

7.186.862 inhabitants, of those 3.499.176 (48,69%) are male and 3.687.686 (51,31%) are

female. Census results show that the inhabitants of Serbia in 2011 have an average age of 42,2

years. Also, Population Census of Serbia in 2011 shows there were 2.487.886 households and

average number of household members is 2,9 (3). As the Republic of Serbia has a negative

population growth (-5,6) (4), it is estimated by the National Statistics Institute that there was a

population decrease in Serbia in 31/12/2016 compared to 2011, that is the population consists

of 7.040.272 inhabitants, of whom 3.429.027 are male, and 3.611.246 are female. A major part

of population in Serbia lives in city areas (59,4%) and number of rural populace is in constant

decrease (5). Graph 27 shows change of number of inhabitants in Serbia during period 1948 -

2011 as well as migration from rural to city areas.

Graph 27. Movement of The Population of Serbia In the Period 1948 - 2011 In Relation to The

Place of Residence

Working age population of the Republic of Serbia is 6.161.584 inhabitants according to 2011

census, of those 2.971.868 are male and 3.189.716 are female. Educational demographics show

a predominance of high-school educated population. Of the total working age population,

around 10% has a full university education. Educational demographics compared by gender

according to 2011 Population Census is shown in Graph 28.

Graph 28. Educational Structure of Serbian Population by Sex (Census Data From 2011)

Labor Force Survey Results for III quarter in 2017 by National Statistics Institute point that,

analogously to decreasing number of population there is also a decrease of those categorized

as working age population. According to the results of III Quarter Survey in 2017 Serbian

working age population counts 5.981.200 inhabitants. This Survey shows that in Serbia

0

1000000

2000000

3000000

4000000

5000000

6000000

7000000

8000000

9000000

10000000

1948 1953 1961 1971 1981 1991 2002 2011

Urban Rural

0

200

400

600

800

1000

1200

1400

1600

1800

Withoutschool

education

Incompleteelementaryeducation

Elementaryeducation

Secondaryschool

College University Not known

Tho

usa

nd

s

Male Female

2.881.900 inhabitants are employed, from which 2.253.500 are formally employed and 628.400

informally. According to Labor Force Survey it is understood that the rate of informally

employed is 21,8. Survey results show that the greatest percentage of unemployment is in the

youngest population groups. It is necessary to keep in mind that the Labor Force Survey

includes both formally and informally employed so that the fact of high-unemployment of the

youngest population groups points even more to a problem of this population group.

Age and Education demographics of Serbia’s working age population (31/12/2015) are shown

in Table 13. The greatest number of informally employed belongs to a category of household

assistants and independent businessmen without employees, also a major part of them being in

rural areas so it can be assumed that they are agriculturists. In the group of informally employed

there is a predominance of elementary educated inhabitants. Labor Force Survey results

according to professional status, education, profession, gender and settlement type in IV quarter

of 2015 are shown in Table 14.

Table 13. Age and Qualification Distribution of Serbian Working Age Population (Labor Force

Survey 2015.).

Tota

l (t

housa

nds)

Total (thousands)

Act

ive

Em

plo

yed

Unem

plo

yed

Inac

tive

Total population above 15 years 6039,3 3135,6 2580,8 554,8 2903,7

Age groups

15–24 768,6 232,1 127,8 104,3 536,5

25–34 934,8 744,4 568,4 176,0 190,4

35–44 980,3 835,6 712,5 123,1 144,7

45–54 953,4 747,4 651,7 95,8 206,0

55–64 1079,0 461,6 407,4 54,2 617,4

65+ 1323,2 114,4 113,1 / 1208,8

Education

Without education 105,7 (10,5) (8,1) 2,3 95,2

Elementary school 1706,9 512,5 435,1 77,4 1194,5

Secondary school 3125,1 1845,6 1483,1 362,5 1279,5

University 1101,6 767,1 654,6 112,5 334,5

Table 14. Distribution of Formally and Informally Employed Population According to

Employment Type, Education, Occupation, Sex and Type of Settlement (IV Quartal 2015.)

Tota

l (t

housa

nds)

Total

(thousands)

Settlement type

(thousands)

Mal

e

Fem

ale

Urb

an

Rura

l

Employed – total 2580,8 1470,7 1110,1 1492,9 1087,9

Formally employed 2053,5 1173,2 880,3 1333,9 719,6

Employment Type

Employees 1683,2 885,2 798,0 1168,6 514,6

Entrepreneurs with employees 92,1 69,1 23,0 65,0 27,0

Entrepreneurs without employees 278,3 218,9 59,4 100,2 178,0

Education level

Without education / / - / /



University 619,0 281,7 337,3 523,8 95,2

Informally employed 527,3 297,5 229,8 159,0 368,3

Employment Type

Employees 119,2 77,6 41,6 68,1 51,1

Entrepreneurs with employees / / - / /

Entrepreneurs without employees 195,8 152,7 43,1 64,5 131,3

Entrepreneur`s family members- 210,1 65,2 144,9 25,1 185,0

Education level

Without education (6,4) / (4,3) / (5,1)



University 35,6 19,4 16,2 22,1 (13,5)

Tota

l (t

housa

nds)

Total

(thousands)

Settlement type

(thousands)

Mal

e

Fem

ale

Urb

an

Rura

l

Rate of informal employment 20,4 20,2 20,7 10,7 33,9

Occupations

Managers 100,9 69,5 31,4 82,7 18,2

Professionals 337,1 142,5 194,7 286,5 50,6

Technicians and associate

professionals 304,5 140,0 164,5 236,6 67,9

Clerical support workers 188,2 70,3 117,9 143,2 45,0

Service and sales workers 399,3 190,2 209,1 261,9 137,4

Skilled agricultural, forestry and

fishery workers 482,6 301,3 181,2 55,5 427,1

Craft and related trades workers 299,1 244,3 54,7 171,7 127,4

Plant and machine operators and

assemblers 215,9 176,1 39,8 119,1 96,8

Elementary occupations 232,2 116,2 116,0 119,7 112,5

Military occupations 21,1 20,2 / (16,1) (5,0)

7.2 Economic data

According to Serbian Business Registers Agency (conclusive with 01/03/2018) in Serbia there

are registered 144.343 enterprises, 243.215 individual entrepreneurs, 31.118 associations, 70

foreign associations, 567 tourist agencies, 13.914 associations, affiliations and alliances in the

area of sports and 15 chambers. National Statistics Institute data are significantly discrepant

with these number because their publications are somewhat late and because their publications

relate only to active business subjects. According to National Statistics Institute data

(conclusive with 31/12/2015) in Serbia there are registered 125.565 enterprises, 217.293

individual entrepreneurs, 26.842 associations, 12 828 cooperatives, affiliations and alliances in

the area of sports as well as 17 chambers (6). The greatest number of legal subjects is carrying

out retail and wholesale. This area is dominated by micro and small firms. Legal subjects

dealing with manufacturing hire the greatest number of workers, and the majority of them are

employed by big companies. Tables 15 and 16 show the number of business subjects according

to area, size and number of employees.

Table 15. The Number of Business Subjects According to Sections of Economic Activities and

Size (2015)

Total

Size of business subjects

Mic

ro (

0-9

)

Sm

all

(10-

49)

Mid

dle

(50-

249)

Big

(250 +

)

Republic of Serbia 86138 74446 9127 2084 481

Mining and quarrying 320 249 46 15 10

Manufacturing 16391 12761 2570 849 211

Electricity, gas, steam and air

conditioning supply 761 684 44 27 6

Water supply, sewerage, waste

management and remediation

activities

864 554 150 133 27

Construction 7293 6254 809 192 38

Wholesale and retail trade; repair of

motor vehicles and motorcycles 32196 28941 2787 390 78

Transportation and storage 5232 4440 640 118 34

Accommodation and food service

activities 3123 2652 403 64 4

Information and communication 4336 3765 460 89 22

Real estate activities 1043 973 51 18 1

Professional, scientific and technical

activities 11416 10446 846 114 10

Administrative and support service

activities 3163 2727 321 75 40

Table 16. The Number of Employed According to Sections of Economic Activities and Size

(2015)

Total

Size of business subjects

Mic

ro (

0-9

)

Sm

all

(10-

49)

Mid

dle

(50-

249)

Big

(250 +

)

Republic of Serbia 1025273 208746 181933 215874 418720

Mining and quarrying 25767 599 1056 1707 22405

Manufacturing 324271 36638 54304 88512 144817

Electricity, gas, steam and air

conditioning supply 29366 1063 1092 2939 24272

Water supply, sewerage, waste

management and remediation

activities

36987 1563 3700 16337 15387

Construction 72379 16347 16431 19932 19669

Wholesale and retail trade; repair of

motor vehicles and motorcycles 233881 81049 52363 38413 62056

Transportation and storage 100122 13868 13023 11870 61361

Accommodation and food service

activities 24472 7949 7933 6334 2256

Information and communication 50670 10268 8823 9182 22397

Real estate activities 5393 2159 1011 1971 252

Professional, scientific and technical

activities 63482 29751 15632 11084 7015

Administrative and support service

activities 58483 7492 6565 7593 36833

The economy of the Republic of Serbia achieves a gross domestic product of 40 billion dollars,

less than 6000 dollars per inhabitant. Gross domestic product has significant oscillations in the

past ten years (Table 17. Republic of Serbia Gross Domestic Product 2008-2017)

Table 17. Republic of Serbia Gross Domestic Product 2008-2017.

2008 2009 2010 2011 2012 2013 2014 2015 2016 2017

GDP –

total mill

USD

49223

,7

42684

,6

39370

,4

4646

3,7

4067

5,9

4551

2,1

4414

3,1

3714

5,7

3829

5,6

4153

1,9

GDP–per

capita

USD

6697 5831 5400 6421 5648 6351 6190 5235 5426 5899

GDP

growth

(%)

5,4 -3,1 0,6 1,4 -1,0 2,6 -1,8 0,8 2,8 1,9

7.3 Healthcare statistics

According to World Health Organization data, as in most countries, the life expectancy of

females in Serbia is longer than for males. According to data from 2014 the life expectancy is

78 years for females and 73 for males. Life expectancy has risen by 3 years in the last ten years.

Particularly, for the year of 2004 it was estimated that the average life expectancy is 75 years

for females and 73 for males. Also, the number of physicians has risen per 100.000 inhabitants

and is 307 in 2014 compared to 270 in 2004. Healthcare budget has increased, and in the year

2014 it is estimated to 10% GDP and in 2004 it was 6.05% GDP. Standardized mortality rate

in Serbia for year 2014 is 887 cases per 100.000 and the main causes of death are cardiovascular

diseases (449 cases per 100.000 inhabitants) and malignant diseases (199 cases per 100.000

inhabitants). Table 18. Presents basic health statistics data of Republic of Serbia.

Table 18. Republic of Serbia Basic Health Statistics

Indicator Year Value

% of population aged 0–14 years 2014 14

% of population aged 65+ years 2014 18

Crude death rate per 1000 population 2014 14

Estimated infant mortality per 1000 live

births (world health report)

2015 6

Hospital beds per 100 000 2014 552

Incidence of tuberculosis per 100 000 2014 25 Life expectancy at birth (years) 2014 75

Life expectancy at birth (years), females 2014 78

Life expectancy at birth (years), males 2014 73

Live births per 1000 population 2014 9

Physicians per 100 000 2014 307

Standardised death rate all causes, all ages, per 100 000

2014 887

Indicator Year Value

Standardised death rate diseases of circulatory system, all ages, per 100 000

2014 449

Standardised death rate external causes of injury and poisoning, all ages, per 100 000

2014 34

Standardised death rate malignant neoplasms, all ages, per 100 000

2014 199

Total health expenditure as % of GDP, WHO estimates

2014 10

World Health Organization data

8 Conclusions and recommendations for implementing occupational safety and health

Based on the conducted analysis of the system of occupational safety and health in the Republic

of Serbia, the following can be concluded:

• The occupational safety and health system is based on international standards (EU and

ILO). The Republic of Serbia has ratified or confirmed a large number of ILO

conventions and transposed a number of EU directives on occupational safety and

health in national legislation.

• International standards have largely been implemented in terms of preventative

measures and the process of development of institutional frameworks. This is also

confirmed by the results of the survey conducted.

• Apart from legislative which is close to European standards, the implementation of

regulations is still not at a satisfactory level, especially in small and medium-sized

enterprises.

• Although there is a legal framework on which employees could obtain rights from

occupational injury and/or occupational disease, it is still not fully implemented in the

acts regulating compensations.

• The Republic of Serbia has recognized the need to form a special organ –

Occupational Safety and Health Directorate within the Ministry of Labor, Veterans'

and Social Affairs, which transposes the EU directives in this area.

• The Labor Inspectorate, based on the results of the survey and the review of the

report, improved its field work organizationally and functionally, especially in 2017,

but still there are challenges in the fields of administrative and technical capacities

and resources.

• One of the pillars of occupational safety and health-Occupational health is not

sufficiently integrated in the occupational safety and health system, especially

legislatively, organizationally and functionally.

• Proficient personnel for occupational safety and health, as well as external services

performing occupational safety and health, are based on Serbia's safety and health

system. There are challenges in the status of a proficient personnel for occupational

safety and health within the enterprise as well as challenges on their competences to

perform occupational health and safety activities. Also, there is a question of better

supervision of the work of external services performing occupational safety and

health.

• Judicial bodies, from the point of view of punitive policy, do not adequately follow

implementation of the occupational safety and health measures.

• There is a lack of scientific and research activities in the area of occupational safety

and health at all levels.

• Though issues of occupational safety and health are embedded in most of the plans

and programs, they lack practical (formal and informal) implementation in most

educational profiles.

• While there is a legal obligation for continuous professional development of

proficient personnel for occupational safety and health, there is a lack of their register

and a precisely structured system for their relicensing.

• The spectrum of educations in the area of occupational safety and health is narrow

and, at the same time, there is no system of their accreditation.

• While there is a growing number of associations in the field of occupational safety

and health, there is plenty of room for increasing their impact on this area.

• Civil society and social partners participate in the adoption of regulations and

decisions in the area of occupational safety and health at the state level but their

impact on employers' level is limited.

• The role of occupational safety and health employees' representatives is not

sufficiently implemented at the employer level.

• Promotional activities in the field of occupational safety and health are at a high level

but within occupational health and safety expert community. Unfortunately, these

activities are not sufficiently present in the media, which is one of the findings of a

survey conducted.

• The registration of occupational injuries and occupational diseases is not at the level

of international standards.

Based on the conducted analysis of the system of occupational safety and health in the Republic

of Serbia, the following recommendations are made:

• It is necessary that the Republic of Serbia continues to transpose EU legislation on

occupational safety and health and to continue ratification and confirmation of the

ILO conventions. It is also necessary to increase the participation of civil society

organizations in these processes.

• Improve the implementation of regulations on occupational safety and health in

micro, small and medium-sized enterprises in cooperation with all subjects including

civil society organizations, by introduction of new tools, guides, guidelines,

• It is necessary to reform the registration and insurance system of occupational injuries

and occupational diseases.

• Improve labor inspection administrative and technical capacities as well as their

resources.

• Reform the organizational and functional role of occupational health in the

occupational safety and health system.

• Through improvement of the competences of proficient personnel for occupational

safety and health expand their role and status within the enterprise.

• Through the education of the magistrates and prosecutor's in the area of occupational

safety and health, improve their cooperation with the labor inspection in order to

better implement regulations in this field.

• To stimulate scientific and research work in the area of occupational safety and health

through special funds. Also, stimulate the cooperation of the University with

employers in order to transfer new technologies from this area to production

processes.

• Education of elementary and secondary school teachers to improve the

implementation of practical teaching on occupational safety and health.

• It is necessary to establish an accreditation body within the National Occupational

Safety and Health Council or within the Ministry of Labor, Veterans' and Social

Affairs, which will evaluate the quality and accredit training programs in the field of

occupational safety and health, which will be the basis for relicensing.

• Within the Occupational Safety and Health Act define profile of proficient personnel

for occupational safety and health as well as their competences based on their

education.

• It is necessary to systematically regulate the role of civil society organizations and

social partners in the system of occupational safety and health, thus increasing their

impact on solving issues in this area.

• By amending the Act, stimulate employers to enable greater participation of

employee’s representatives in resolving occupational safety and health issues.

• Provide special education for media representatives in the field of occupational safety

and health to increase their interest in this area.

• Organize special promotional activities in the field of occupational safety and health

through collaboration of the Occupational Safety and Health Directorate and the

Labor Inspectorate with employers, social partners, including civil society

organizations.

9 Literature 1. EUROSTAT. Accidents at work statistics [Internet]. Available from:

http://ec.europa.eu/eurostat/statistics-

explained/index.php/Accidents_at_work_statistics

2. Anonymous. Occupational Diseases in Europe in 2001. 2004.

3. Republički zavod za Statistiku RS. Popis 2011 [Internet]. Available from:

http://popis2011.stat.rs/?lang=cir

4. Republički zavod za Statistiku RS. Procena stanovnistva za 2016. godinu [Internet].

Available from: http://www.stat.gov.rs/WebSite/Public/PageView.aspx?pKey=162

5. Republički zavod za Statistiku RS. Uporedni pregled broja stanovnika 1948, 1953,

1961, 1971, 1981, 1991, 2002 i 2011. godine [Internet]. Available from:

http://popis2011.stat.rs/?page_id=2162

6. Republički zavod za Statistiku RS. No Title [Internet]. Strukturne poslovne statistike

2017. Available from:

http://www.stat.gov.rs/WebSite/repository/documents/00/02/64/83/08-

Strukturne_poslovne_statistike.pdf

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