Bulgaria - 2016

1.1 Description of OSH regulatory framework

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

• 2.2.1 Coverage of particular categories of workers

  Summary/citation: The Act of 16 December 1997 on Occupational Safety and Health regulates rights and duties of:
  1. the state;
  2. employers;
  3. employees
  4. persons, who alone or in cooperation with other persons work for their own;
  5. other organizations and legal persons
  in respect of the provision of healthy and safe working conditions.

  Decree № 1 of 8 September 2015 on the conditions and procedures for training through work, was approved. An employment contract has to be concluded with students under Art. 230 of the Labour Code in alignment with Chapter XV, section I on "Special protection of minors." Trainees are fully assimilated to employees. Article 5 stipulates that "the employer as a partner for the organisation of training by working shall provide healthy and safe working conditions during training.

  • Decree № 1 of 8 September 2015 on the conditions and procedures for training through work (Art, 5)

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 1)

  • 2.2.1.1 Migrant workers

    Summary/citation: The worker is defined as any person who is employed by an employer (even a person who works on his/her own), including trainees and apprentices during the training period.
    (Art. 1 of the Act on occupational Safety and Health)

    Migrant workers need authorization to work in Bulgaria.
    The work permit is issued by the Employment Agency and the Executive Agency "General Labour Inspectorate" is the controlling body of compliance with labour legislation.
    The authorization scheme provided for in Article 70, Paragraph 1 of the Law on Employment Promotion does not apply to persons who are nationals of a Member State of the European Union or a country party to the Agreement on the European Economic Area, or the Swiss Confederation who, under international treaties of the European Union, have the right to free movement.
    The other cases that do not require a work permit, are exhaustively listed in Article 70, Paragraph 3 of the Law on Employment Promotion and Article 4 of the Ordinance on the terms and conditions of the issuance, denial and revocation of work permits for foreigners in Bulgaria.

    Remarks / comments: OSH law is applicable to "employees" (which is a very broad concept including also migrants). There are not any provisions that exclude migrants from the scope of the law.

    • Law on Employment Promotion (Art. 70)

    • Decree No.77 of 2002 adopting the Order establishing the conditions and procedures for the issuance, refusal and cancellation of work permits for foreigners in Bulgaria.

    • Act of 16 December 1997 on Occupational Safety and Health (Art. 1)

  • 2.2.1.2 Domestic workers

    Summary/citation: The worker is defined as any person who is employed by an employer (even a person who works on his/her own), including trainees and apprentices during the training period.
    (Act of 16 December 1997 on Occupational Safety and Health, Art. 1)

    "Employer" shall be any natural person, body corporate or division thereof, as well as any other organizationally and economically autonomous entity (enterprise, office, organization, cooperative, farm, establishment, household, association and the like), that independently hires employees under employment relationships.
    (Labour Code, Supplementary provisions)

    Remarks / comments: OSH law is applicable to "employees" (which is a very broad concept including also domestic workers). There are not any provisions that exclude domestic workers from the scope of the law.

    Furthermore, since an "employer" can be also a household according to the Labour Code, this means that an employee where the employer is a household would be a domestic worker.

    The EU Commission urges Member States to implement ILO Domestic Workers Convention. For more information: http://europa.eu/rapid/press-release_IP-13-264_en.htm

    • Act of 16 December 1997 on Occupational Safety and Health (Art. 1)

    • Labour Code [consolidation]. (Supplementary provisions)

  • 2.2.1.3 Home workers

    Summary/citation: In an employment contract, it can be negotiated to carry out the production of goods and/or services in the home of the employee or in other premises of his/her choice outside the workplace of the employer.
    (Art. Art. 107(b))

    The employer of a home worker shall ensure safe and healthy working conditions.
    (Art. 107(g)(3))

    A home worker must:
    1. Comply with the rules on health and safety at work;
    2. Provide access to the employer and supervisory bodies to the work premises for inspection;
    3. Not undertake any activities or actions that could disturb more than usually other owners and occupants.
    (Art. 107(d))

    Remarks / comments: The are not legal difference between home workers and workers performing at the undertaking’s workplace.

    • Labour Code [consolidation]. (Art. 107(b)-(zh))

    Related CEACR Comments
    • Home Work Convention, 1996 (No. 177) Observation 2018
    • Home Work Convention, 1996 (No. 177) Direct Request 2014
    

  • 2.2.1.4 Self-employed persons

    Summary/citation: The Act of 16 December 1997 on Occupational Safety and Health regulates rights and duties of the persons, who alone or in cooperation with other persons work for their own, in respect of the provision of healthy and safe working conditions.

    Remarks / comments: Therefore, self-employed persons are included within the scope of OSH legislation.

    • Act of 16 December 1997 on Occupational Safety and Health (Art. 1)

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

• 2.4.1 Agriculture

  Summary/citation: The Act of 16 December 1997 on Occupational Safety and Health apply to all enterprises and places, where work or training activities are carried out, regardless of the form of organization, type of ownership or legal grounds on which the work or the training are performed.

  Remarks / comments: By means of a new Article in the Labour Code (Art.114a, in effect as from 07.17.2015) a labor contract for short-term seasonal agricultural work is introduced. The daily contract shall be concluded between the worker and the registered farmer and the total amount of contracts cannot exceed 90 working days per year, and it is not considered as working experience in terms of calculation of social security benefits/allowances.

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 2.1)

  • Labour Code [consolidation]. (Art.114a)

• 2.4.2 Construction

  Summary/citation: The Act of 16 December 1997 on Occupational Safety and Health apply to all enterprises and places, where work or training activities are carried out, regardless of the form of organization, type of ownership or legal grounds on which the work or the training are performed.

  There is a specific ordinance on minimum requirements for healthy and safe working conditions in the construction sector.

  • Ordinance № 1 of 16 April 2007 for inspection of accidents in construction

  • Ordinance No. 2 dated 22 March 2004 on minimum requirements for healthy and safe working conditions in the construction sector

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 2.1)

  Related CEACR Comments
  • Safety Provisions (Building) Convention, 1937 (No. 62) Direct Request 2001
  

• 2.4.3 Services

  Summary/citation: The Act of 16 December 1997 on Occupational Safety and Health apply to all enterprises and places, where work or training activities are carried out, regardless of the form of organization, type of ownership or legal grounds on which the work or the training are performed.

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 2(1))

• 2.4.4 Public sector

  Summary/citation: The Act of 16 December 1997 on Occupational Safety and Health apply to all enterprises and places, where work or training activities are carried out, regardless of the form of organization, type of ownership or legal grounds on which the work or the training are performed. In times of peace, the leading OSH law applies also to the Ministry of Defence, the Ministry of Interior, unless it is in conflict with some specific activities of these Ministries.

  Remarks / comments: The Law governing the Ministry of Interior contains safety provisions applicable to its staff.

  The Ordinance of 30 July 2015 determines the terms and conditions for the provision of free food to employees of the Ministry of Interior when carrying out specific activities and refreshments for those employees working night shifts (from 22.00 to 06.00).

  • Ordinance No. 8121з-904 of 30 July 2015

  • Law of the Ministry of Interior (Arts. 85,97,89)

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 2(2)(3))

  Related CEACR Comments
  • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Observation 2017
  • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Direct Request 2001
  

• 2.4.5 Other

  Summary/citation: The lead OSH legislation is applicable even to workplaces outside Bulgaria when the country where the company is operating does not provide legislation on OSH and the relevant International Convention on OSH does not apply.

  There is a specific ordinance on occupational safety and health in mines.

  There is a specific ordinance on the occupational safety and health in the railway sector.

  • Ordinance on occupational safety and health in the railway sector

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 2(2)2)

  • Decree No. 9 of 16 December 1997 on general rules of management of the activities linked with safety and health preservation of workers in mines

2.5 Definition of occupational accident

2.6 Definition of occupational disease

• 2.6.1 List of occupational diseases

  Summary/citation: There is an official list with occupational diseases which may be consulted on the following website of the National Social Security Institute
  http://www.nssi.bg/legislationbg/ordinances/607-nrsrpoopb
  

  Remarks / comments: The employer may dismiss employees suffering from certain diseases, listed in a Regulation of the Minister of Health only with prior consent of the labour inspectorate. In that case, prior to dismissal the opinion of an expert medical commission should also be considered (Art. 333 of the Labour Code).

  • List with occupational diseases

  • Ordinance No. 5 on the special protection from dismissal of workers suffering from any of the listed diseases, according to Art. 333 of the Labour Code

  • Labour Code [consolidation]. (Art. 333)

• 2.6.2 Mechanism for compensating other diseases as occupational ones

  Summary/citation: A disease which is not included in the list of occupational diseases can be recognized as an occupational disease whenever it is proved that it is caused primarily and directly by the usual work of the insured person and whenever it caused temporary or permanent disability or the death of the insured person.

  Remarks / comments: The notification and verification of suspected occupational disease and confirmation of the professional nature of that disease takes place with regard to the diseases included in the list of occupational diseases.

  Clinical diseases other than the diseases included in the list of occupational diseases must be described and coded according to the International Statistical Classification of Diseases and problems related to health, according to MKB 10 of Ordinance № 42 from 2004 establishing the International Statistical Classification of Diseases and problems related to health (SG. 111 of 2004).

  • Ordinance on the procedure for notification, registration, verification, claims and reporting of occupational diseases (Art. 5)

  • Code of compulsory social insurance of 2 December 1999, as amended. (Art. 56(2))

3.1 Competent national authority for safety and health at work

• 3.1.1 Objectives, roles and/or functions

  Summary/citation: The General Labour Inspectorate performs labour inspection by:
  1. Supervising the observance of labour legislation concerning occupational safety and health and labour relations;
  2. Carrying out specialized control of labour law compliance;
  3. Providing information and technical advice to the employers and employees on the most effective methods for compliance with labour legislation;
  4. Notifying the relevant authorities about certain flaws not covered in the current labour legislation.

  • Décret n° 2 du 13 janvier 2014 adoptant le Règlement intérieur de l'agence exécutive "Inspection générale du travail". (Art. 4)

• 3.1.2 Chairperson and composition

  Summary/citation: The General Labour Inspectorate structure comprises 31 directorates, 28 of which are regional directorates.

  The total number of employees in the GLI is 470 regularly employed personnel.
  The number of employees in the different administrative units is given in the annex.

  The executive director approves the structure of the directorates and the regularly employed personnel there on the basis of the directorate's proposal.
  The secretary general manages the General Labour Inspectorate administration following the executive director's lawful orders; coordinates the interaction among the GLI directorates; supervises the functioning of GLI administration with respect to the correct compliance with the legal provisions; coordinates and organizes the management of the estate and movable properties that the General Labour Inspectorate has received for its administrative functions; carries out other tasks assigned to him by the executive director.
  In the absence of the secretary general, his/her functions are performed by an official appointed by the secretary general for each separate case, after consulting with the executive director.
  

  Remarks / comments: The structure of the Ministry of Labour and Social Policy can be checked on the Ministry's official website http://www.mlsp.government.bg

  • Structure of the Ministry of Labour and Social Policy

  • Décret n° 2 du 13 janvier 2014 adoptant le Règlement intérieur de l'agence exécutive "Inspection générale du travail". (Art. 8)

3.2 National OSH research programme or institute

• 3.2.1 Objectives, roles and/or functions

  Summary/citation: The NCPHA:
  - examines the population's health status and the relationship with environmental factors and living conditions;
  - conducts epidemiological surveys and evaluates risk factors for chronic non-communicable diseases;
  - participates in the development, coordination and performance of national programmes and action plans as well as in international research programmes oriented to strengthening public health (including mental, reproductive and sexual);
  - carries out intervention activities, training workshops and publishes information and methodical materials; assesses exposure and health risk for the population from the impact of biological, chemical and physical hazards on the ambient and working environment;
  - conducts monitoring on nutrition and nutritional status of the population and develops Manuals for nutrition of target population groups;
  - leads, controls, monitors and coordinates information activities in the healthcare;
  - develops and unifies the medical and statistical documentation for the population health status and for the resources and activities of hospitals;
  - develops mathematic models and prognoses for the demographic and health status of the population;
  - provides current and annual medico-statistical and economic information;
  - accomplish activities on the development of unified health information system and electronic healthcare;
  - elaborates and implements a system for classification of patients and reporting and payment technologies;
  - maintains classifications, nomenclatures, standards and methodologies;
  - participates in the realization of statistical activities of the nation in collaboration with the National Statistical Institute;
  - maintains, updates and publishes health information standards;
  - organizes, coordinates and controls activities for developing electronic healthcare;
  - elaborates methods and models for planning and management of resources for hospitals;
  - develops, implements and maintains national standards of coding in hospitals and monitors the process of coding.

  The mission of the NCPHA is to integrate these diverse activities into achieving good health benefits for the population. All the efforts of the employees of the NCPHA - specialists with academic ranks and degrees, experts and technical personnel - are oriented to applying modern technologies in the field of public health and occupying a leading place in the national healthcare.

  Website: http://ncphp.government.bg/
  

• 3.2.2 Governance board constitution and chairmanship

  Remarks / comments: The structure of the National Center of Public Health and Analyses can be checked at its official website: http://ncphp.government.bg

  • Structure of the National Center of Public Health and Analyses (NCPHA)

• 3.2.3 Source of funding

  Summary / Citation: The National Center of Public Health and Analyses (NCPHA) is under the Ministry of Health.

  Remarks / comments: In order to finance activities and measures to improve working conditions, the fund "Labour conditions" was set under the Ministry of Labour and Social Policy; it is managed with the participation of all social partners and governed by Decree № 2 of 1998. The control over the fund raising and spending is performed by the National Audit Office and the Ministry of Finance.
  Website: http://fund.mlsp.government.bg/

3.3 National OSH programme

• 3.3.1 Consultation on the national OSH programme

  Yes.
  

4.1 Duty to ensure the health and safety of employees

4.2 Duty to protect the health and safety of people other than their own employees

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

• 4.4.1 Specific hazards for which surveillance is required

  Yes.
  

  • Ordinance on preliminary and periodic mandatory medical examinations of workers (Annex 2)

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

• 4.8.1 Arrangements for first-aid

  Summary / Citation: In order to prevent harmful consequences the employer must:
  1. Organise actions to eliminate the danger, provide first aid, fire safety and conditions for evacuation of workers, and contacts with the emergency medical service and fire safety and protection of the population structural units;
  2. Designate workers who shall implement the measures for the elimination of danger, providing first aid, fighting fires and evacuation of workers. The number of such designated workers, their training and the equipment provided to them shall comply with the specific risks and scale of the enterprise.
  The measures and rules for ensuring first aid, fire safety and emergency medical aid in the event of accidents in enterprises and organisations, and the training of workers must be provided through an Ordinance to be issued by the Minister of Interior and the Minister of Health.
  (Act of 16 December 1997 on Occupational Safety and Health, Art. 20)

  Depending on the conditions in the establishment, the employer is obliged to provide a room for first aid or readily available means of first aid near the workstations that are marked with the approved signs. Inventory of medicines, materials and other resources to be included in the first aid kits is given in "Rules for providing first aid in case of injury at work" (Ministry of Health, 1994).
  (Decree No. 7 of 23 September 1999 on minimum requirements for healthy and safe working conditions in workplaces and during the use of work equipment, Arts. 242-244)

  • Decree No. 12 of 30 December 2015 on urgent health care

  • Decree No. 7 of 23 September 1999 on minimum requirements for healthy and safe working conditions in workplaces and during the use of work equipment. (Arts. 242-244)

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 20)

• 4.8.2 Sanitary installations

  Summary / Citation: The employer is obliged to provide sanitary, welfare and medical services to factory and office workers in accordance with the sanitary standards and requirements.
  (Labour Code, Art. 282)

  The premises and production facilities must be kept clean.
  The waste shall be collected and processed in special places according to the production, sanitary and fire safety requirements.
  Materials, raw and finished products shall be stored in specific places complying with the requirements for occupational safety and in accordance with health, fire safety and technological requirements.
  In order to ensure personal care, workers are provided sanitary premises in accordance with the regulations.
  When the manufacturing process requires employees to take special clothing and due to safety and health reasons it is not appropriate to dress elsewhere, enough easily accessible place with possibility to sit down must be provided.
  In the changing room every worker must have a locker. Lockers for working and everyday clothes must be different when the nature of the work requires it (using dangerous substances, humidity, pollution, etc...).
  If changing rooms are not required, each worker must be provided with space where he/she could keep his/her personal belongings and clothing.
  When the nature of work, health and safety conditions require it, workers must be provided with showers with hot and cold water. Dimensions of shower facilities must be in accordance to the number of workers and they shall ensure the necessary conditions for washing out hygienically.
  When showers are not required, an appropriate sink with hot and cold running water in the vicinity of the workstations and locker room must be provided.
  When the shower premises are separated from changing rooms, a walkway must be provided between them.
  Near work areas, rest rooms, changing rooms, showers and washrooms facilities, the necessary number of toilets with sinks must be provided.
  Depending on the number of employees and the nature of work, separate changing rooms, showers rooms, washrooms and toilets must be provided for men and women, or they must be used separately.
  (Decree No. 7 of 23 September 1999 on minimum requirements for healthy and safe working conditions in workplaces and during the use of work equipment, Arts. 229-238)

  • Decree No. 7 of 23 September 1999 on minimum requirements for healthy and safe working conditions in workplaces and during the use of work equipment. (Arts. 229-238)

  • Labour Code [consolidation]. (Art. 282)

  Related CEACR Comments
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Observation 2011
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2017
  

• 4.8.3 Drinking water

  Summary / Citation: Workers must be provided with enough drinking water and adequate soft drinks.
  (Decree No. 7 of 23 September 1999 on minimum requirements for healthy and safe working conditions in workplaces and during the use of work equipment, Art. 237(2))

  Decree № N-5 from April 2, 2015 for terms and standards for provision of free food and refreshments to military and civilian personnel of the Ministry of Defence, the structures directly subordinate to the Minister of Defence and the Bulgarian Army and cadets in higher military schools in peacetime.

  • Decree № N-5 from April 2, 2015 for terms and standards for provision of free food and refreshments to military and civilian personnel of the Ministry of Defence, the structures directly subordinate to the Minister of Defence and the Bulgarian Army and cadets in higher military schools in peacetime

  • Decree No. 7 of 23 September 1999 on minimum requirements for healthy and safe working conditions in workplaces and during the use of work equipment. (Art. 237(2))

  Related CEACR Comments
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Observation 2011
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2017
  

• 4.8.4 Rest and eating areas

  Summary / Citation: Rest premises shall be provided to workers when:
  1. Technological process requires frequent and lengthy interruptions;
  2. Workplace or premises have a permanent presence of uncertain amount of people;
  3. Resting regimes are established in order to ensure the safety and health of workers.

  Rest rooms shall be:
  1. Readily available;
  2. Large enough;
  3. Consistent with the number of simultaneous users.
  4. Provided with equipment consistent with the nature of the necessary breaks and with tables and chairs with backs.

  When offices or similar facilities enable relaxation, it is not mandatory to provide rest rooms.
  In the rooms and resting places smoking is prohibited.
  For pregnant and nursing mothers, adequate conditions to rest in supine position must be provided.
  (Decree No. 7 of 23 September 1999 on minimum requirements for healthy and safe working conditions in workplaces and during the use of work equipment, Arts. 239-241)

  In workplaces with more than 20 women, the employer is obliged to provide and furnish rooms for personal hygiene of women and rest rooms for pregnant women and workers and clerks in an advanced stage of treatment in vitro as established by the Minister of Health.
  (Labour Code, Art. 308)
  

  • Decree No. 7 of 23 September 1999 on minimum requirements for healthy and safe working conditions in workplaces and during the use of work equipment. (Arts. 239-241)

  • Labour Code [consolidation]. (Art. 308)

5.1 Elements of an OSH management system

• 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

  Summary/citation: The employer is under the obligation to implement a coherent overall prevention policy which covers technology, work places, organization of work, working conditions and social relationships.
  (Act of 16 December 1997 on Occupational Safety and Health, Art. 4(8))

  The creation of an integrated corporate prevention policy covering the organization of work, technologies, jobs and working equipment and covering the entire occupational activity is part of the statutory obligations of OSH officials.
  (Order No. 3 of 27 July 1998 on the functions and tasks of the executive and specialized services of enterprises for the organization of activities related to protection from and prevention of occupational risks, Art. 6(2)1)
  

  • Order No. 3 of 27 July 1998 on the functions and tasks of the executive and specialized services of enterprises for the organization of activities related to protection from and prevention of occupational risks. (Art. 6(2)1)

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 4(8))

• 5.1.2 Appointment of a person for health and safety

  Summary/citation: The employer must designate one or more workers with appropriate training and qualification to be in charge of OSH issues or must establish specialized service to organize and carry out activities related to the protection and prevention of occupational risks taking into account the nature and the scope of work, and the occupational risks workers are exposed to.

  The Minister of Labour and Social Policy shall stipulate by an ordinance the functions and the responsibilities of designated employees and specialized services referred to in the previous paragraph. On the basis of this ordinance the employers must define the functions and task according to the particular situation.

  The employer may consider to assign through a contract OSH related issues to other natural or legal persons or to carry out OSH related tasks him/herself when he/she is a physical person.

  There is a specific ordinance which establishes the functions of OSH officers and services with regard to occupational risks and their prevention at the workplace.

  • Order No. 3 of 27 July 1998 on the functions and tasks of the executive and specialized services of enterprises for the organization of activities related to protection from and prevention of occupational risks.

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 24)

• 5.1.3 Written risk assessment

  Summary/citation: The employer is under the obligation to assess the risks faced by employees, taking into account working equipment, work organization and use of chemical substances.
  (Act on Occupational Safety and Health (Art. 16(1))

  The risk assessment must be documented according to the specific ordinance on the performance of risk assessment.
  Risk assessment includes:
  1. work processes;
  2. work equipment;
  3. premises;
  4. jobs;
  5. organization of work;
  6. the use of raw materials;
  7. other external factors that can pose a risk.
  (Decree No. 5 of 11 May 1999 on means, procedure and periodicity of risk evaluation, Art. 3)

  The risk assessment is carried out by the employer.
  In assessing the risk, occupational health services, safety authorities and health professionals and other businesses are involved. If necessary, the employer draws and other external organizations and professionals.
  (Decree No. 5 of 11 May 1999 on means, procedure and periodicity of risk evaluation, Art. 4)

  The employer shall approve and implement a program for assessing the risk, which includes:
  1. organization and coordination of the risk assessment;
  2. approaches and methods for the assessment of risk, including the provision of reliability of the results and, if necessary, development of appropriate methods for the enterprise;
  3. risk evaluation;
  4. resources necessary for risk assessment;
  5. how to provide information, training and advice to assessors;
  6. stages, sequence and timing of risk assessment;
  7. method of consultation with employees working on or associated with a specific location which is being evaluated.
  (Decree No. 5 of 11 May 1999 on means, procedure and periodicity of risk evaluation, Art. 7)

  The frequency of the risk assessment is determined by the employer based on the risks being identified and in accordance with legal requirements.
  (Decree No. 5 of 11 May 1999 on means, procedure and periodicity of risk evaluation, Art. 11)
  

  • Decree No. 5 of 11 May 1999 on means, procedure and periodicity of risk evaluation

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 16(1))

• 5.1.4 Safe operating work systems and procedures

  Summary/citation: Employers are under the obligation to provide safe and healthy working conditions.

  The employer has the duty to effectively control work processes in order to ensure that they are carried out without any risks to the health of workers.

  • Act of 16 December 1997 on Occupational Safety and Health (Arts. 14(1), 16(6))

• 5.1.5 Training and information on risks

  Summary/citation: The employer must provide employees (even short term workers) or their representatives with the necessary information concerning occupational risks and protective and preventive measures taken to eliminate, mitigate or control those risks.
  (Act of 16 December 1997 on Occupational Safety and Health, Art. 19)

  The results of the risk assessment shall be discussed in the committees and groups on working conditions.
  (Act of 16 December 1997 on Occupational Safety and Health, Art. 29)

  The employer must provide appropriate training for every employee on health and safety at work according to the particularities of each work place and profession, and must bear with all expenditures for the training, which will be carried out during working hours. This training must be provided when:
  - The worker is recruited;
  - The worker is transferred to a different position.
  - There are technological changes in the working process.
  OSH training must be provided regularly, taking into account new occupational risks that have arisen.
  (Act of 16 December 1997 on Occupational Safety and Health, Art.26(2)(3))

  All workers must be briefed and trained on safe methods of work.
  (Labour Code, Art. 281(1))

  There is an ordinance providing requirements for regular training on OSH for workers.

  • Décret n. РД-07-02 du 16 décembre 2009 sur les conditions et la procédure de mise en oeuvre de la formation et de l'instruction périodique des travailleurs et employés en matière de sécurité et santé au travail.

  • Arrêté n° 5 du 20 avril 2006 sur la sécurité et la santé au travail des travailleurs sous contrat à durée déterminée ou temporaire (version consolidée). (Art. 4)

  • Act of 16 December 1997 on Occupational Safety and Health (Arts. 19, 26(2)(3), 29)

  • Labour Code [consolidation]. (Art. 281(1))

• 5.1.6 Review or assessment of the results of preventive measures

  Summary/citation: Following the risk assessment results (previously carried out), the employer must plan and implement the appropriate risk preventive measures in order improve safety and health conditions. These measures must be integrated in the whole structure of the enterprise and applied to all its activities.
  The employer has the duty to create the necessary organization for regular supervision and control of the execution of planned preventive risk measures.
  (Act of 16 December 1997 on Occupational Safety and Health, Art. 16)

  The review and evaluation is a part of the analysis of the activities and state of the conditions at work in terms of safety and health, which is discussed in the committees on working conditions and by the management of enterprise.
  (Order No. 3 of 27 July 1998 on the functions and tasks of the executive and specialized services of enterprises for the organization of activities related to protection from and prevention of occupational risks, Art. 10)

  • Order No. 3 of 27 July 1998 on the functions and tasks of the executive and specialized services of enterprises for the organization of activities related to protection from and prevention of occupational risks. (Art. 10)

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 16)

  Related CEACR Comments
  • Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164) Direct Request 2010
  

• 5.1.7 Consultation with workers in health and safety

  Summary/citation: Employers must consult employees or their representatives and associations and must enable their participation in:
  1. Discussions and approvals of all measures related to the safety and health of employees at work;
  2. Designations of the employees who will be in charge of activities related to the provision of healthy and safe working conditions, first aid, fire-fighting and evacuation of employees;
  3. Planning and organization of trainings for employees in the field of health and safety at work.

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 26(1))

5.2 Obligation to implement a specific OSH management system or standard

6.1 OSH competence

• 6.1.1 Requirement to access expert advice and/or support in health and safety

  Summary / Citation: (1) Employers shall provide occupational health services which are registered according to art. 25c of the Act on Occupational Safety and Health.
  (2) Occupational health services are created by:
  1.Employers alone or with other employers;
  2.Legal or natural persons registered under the Commercial Law on Cooperatives Act or Law for non-profit service workers.
  (3) Occupational health services may be also created as separate legal entities by medical institutions.
  (4) Where the employer is not able to establish an occupational health service alone or in partnership, the employer shall sign a contract with a registered service.

  • Ordinance No. 3 dated 25 January 2008 on occupational health services (Art. 2)

  Related CEACR Comments
  • Occupational Health Services Convention, 1985 (No. 161) Direct Request 2015
  

  • 6.1.1.1 Qualifications of experts or professional services

    Summary / Citation: (1) The minimum composition of occupational health services include:
    1. A person with a "Master" in medicine and specialization in "occupational medicine";
    2. A person with higher technical education and three years of professional experience in safety and health at work;
    3. A technical staff with at least secondary education.
    (2) The experience of the persons under para. 1 point 2 refers to professional experience related to:
    1. Prevention of occupational risks;
    2. Control of compliance with labor legislation and the legislation relating to health and safety;
    3. Organisation of labour and safety and health at the workplace;
    4. Training on safety and health at work.
    (3) The professional experience of the persons under para. 1 point 2 shall be proved throughout official documents.
    (4) The occupational health services may include specialists in toxicology, ergonomics, psychology, social medicine, engineering, law, economic sciences, etc.

    • Ordinance No. 3 dated 25 January 2008 on occupational health services (Art. 6)

    Related CEACR Comments
    • Occupational Health Services Convention, 1985 (No. 161) Direct Request 2015
    

6.2 Appointment of an OSH practitioner

• 6.2.1 Workforce size threshold for the appointment of OSH practitioners

  No data available.
  

7.1 Duty to take reasonable steps to protect their own safety and health

7.2 Duty to take reasonable steps to protect the safety and health of others

7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

• 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

  Summary / Citation: If the employer fails to implement the prescription of the health authorities in relation to the reassignment of a worker, the employer shall provide compensation to the worker as stipulated in Art. 217 of the Labour Code.
  (Art. 317)

  The employer shall provide compensation to the worker equivalent to its gross salary as from the day the worker was given a prescription to be reassigned by the competent medical authorities until the date when the reassignment is actually carried out.
  The worker who without valid justification refuses to accept the reassigned position in the same or in another entity is not entitled to compensation under the preceding paragraph.
  (Art. 217)
  

  • Labour Code [consolidation]. (Arts. 217, 317)

8.1 National OSH committee, commission, council or similar body

• 8.1.1 Objectives, roles and/or functions

  Summary / Citation: The National Working Conditions Council has the following functions:
  1. Discuss the status of working conditions and propose measures for their improvement;
  2. Discuss and submit opinions on draft legal acts concerning working conditions, and submit proposals for amendments and supplements;
  3. Make decisions on establishing branch and trade structures of tripartite collaboration concerning working conditions;
  4. Establish relief structures under the Council for solving particular problems;
  5. Coordinate the activities of control authorities assigned to supervise working conditions;
  6. Examine and share local and foreign experience, organize national competitions, workshops and campaigns, and explore other forms for promoting those activities;
  7. Assign, by tender or competition, feasibility studies and drafting of projects for solving health and safety problems to be funded by the "Working Conditions Fund”.

  • Website of the Working Conditions Fund

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 40)

• 8.1.2 Constitution and chairmanship modalities

  Summary / Citation: The National Working Conditions Council is composed by representatives of:
  1. The Council of Ministers;
  2. The National Social Security Institute;
  3. nationally recognized employers’ organizations;
  4. nationally recognized employee’s organizations.

  The chairman of the National Working Conditions Council is the Minister of Labour and Social Policy.

  The representatives of the employees’ and employers’ organizations appointed at the National Working Conditions Council elect among them two vice chairmen.

  The members of the National Working Conditions Council shall adopt internal rules for its activities.

  The organization of activities, and the technical and administrative assistance for the National Working Conditions Council shall be ensured by the Ministry of Labour and Social Affairs.

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 39(2)-(6))

8.2 Employers’ duty to consult workers on risks

8.3 Workers’ right to select their representatives for health and safety matters

• 8.3.1 Workforce size conditions for workers’ representation in health and safety

  Summary / Citation: In enterprises with more than 50 employees there shall be established committees on working conditions composed by 4 to 10 people.
  (Art. 27(1))

  The committee on working conditions must be composed of representatives of the employer and an equal number of workers' representatives on OSH.
  (Art. 27(2))

  In companies with a large number of staff, complex structure and territorial fragmentation, in addition to the committees on working conditions at the enterprise level, there might be established committees at the respective structural units.
  (Art. 27(6))

  In enterprises with 5 to 50 employees, as well as in the structural units of undertakings according to Art. 27(6), groups on working conditions shall be established.
  (Art. 28(1))

  Remarks / comments: Art. 27(1), Art. 27(6), Art. 28(1) were amended on 25 March 2014.

  • Act of 16 December 1997 on Occupational Safety and Health (Arts. 27-28)

• 8.3.2 Conditions of eligibility to represent workers in health and safety

  No data available.
  

8.4 OSH representatives’ functions, rights and powers

• 8.4.1 Right to inspect the workplace

  Summary / Citation: The vice-chair of the committee on working conditions, and the workers' representative for OSH in the groups on working conditions, are entitled to:
  1. access to all working places in the undertaking;
  2. to receive information directly from the employees on all health and safety related matters;
  3. participate in the investigation of accidents and identify the causes of occupational diseases.

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 30(1)1)

• 8.4.2 Right to access OSH information

  Summary / Citation: Workers' representatives in the work conditions committees and groups are entitled to access available information on work conditions, analyses of accidents at work and occupational diseases, findings and prescriptions issued by the control bodies.

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 30(2)(1))

• 8.4.3 Right to be present at interviews

  No data available.
  

• 8.4.4 Right to receive professional assistance from OSH experts

  Summary / Citation: Workers' representatives in the work conditions committees and groups are entitled to approach the control bodies when the workers' representatives decide that the measures taken by the employer are not sufficient to guarantee the health and safety of working persons.

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 30(2)(3))

• 8.4.5 Right to accompany inspectors

  Summary / Citation: Workers' representatives in the work conditions committees and groups are entitled to participate in inspections performed by the control bodies.

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 30(2)(4))

• 8.4.6 Right to use facilities

  Summary / Citation: The employer must provide the necessary conditions, means and time to workers' representatives responsible for safety and health at work to exercise their rights and functions, as well as the required training and specialization, which must be conducted during working hours at no cost for the workers.

  Remarks / comments: Art. 30b has been added on 25 March 2014.

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 30b)

• 8.4.7 Right to have time off work with pay to perform duties

  Summary / Citation: The employer must provide the necessary conditions, means and time to workers' representatives responsible for safety and health at work to exercise their rights and functions, as well as the required training and specialization, which must be conducted during working hours at no cost for the workers.

  Remarks / comments: This means that the employer must provide working time to workers' representatives in order to carry out their functions.
  Art. 30b has been added on 25 March 2014.

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 30b)

• 8.4.8 Right to issue remedial notices

  No data available.
  

• 8.4.9 Right to resolve OSH issues in consultation with employers

  Summary / Citation: Workers' representatives in the work conditions committees and groups are entitled to require employers to undertake the necessary measures and make proposals for removal of risks or for temporary mitigation of health and safety risks.

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 30(2)2)

• 8.4.10 Right to direct that dangerous work cease

  Summary / Citation: In the event of serious and immediate danger to the health and life of workers, the employer must ensure that workers can undertake measures, using their knowledge and available technical means, to prevent the consequences of such danger in case they cannot communicate with their manager.

  Remarks / comments: According to this article all workers may take the decision themselves to cease dangerous work when they cannot contact their manager. This provision is also applicable to workers' representatives as it refers to "workers" in general.

  • Order No. 3 of 27 July 1998 on the functions and tasks of the executive and specialized services of enterprises for the organization of activities related to protection from and prevention of occupational risks.

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 22(2))

8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace

• 8.5.1 Right to enter the workplace

  Summary / Citation: Trade unions have the right to inform control authorities of violations of labour legislation and to seek administrative punishment for those who are responsible. Representatives of trade unions have the right to:
  - visit at any time enterprises and other places where work is performed and premises used by workers;
  - require the employer to give explanations and presentation of the necessary information and documents;
  - get information directly from workers on all matters of compliance with labour legislation.

  • Labour Code [consolidation]. (Art. 406(2))

• 8.5.2 Right to investigate suspected non-compliance with OSH legislation

  No data available.
  

• 8.5.3 Right to consult with workers

  No data available.
  

• 8.5.4 Right to advise workers

  No data available.
  

• 8.5.5 Right to initiate enforcement action

  Summary / Citation: Trade unions have the right to inform control authorities of violations of labour legislation and to seek administrative punishment for those who are responsible.

  • Labour Code [consolidation]. (Art. 406(1))

8.6 Joint OSH Committee

• 8.6.1 Participation of workers’ representatives in joint OSH committee

  Summary / Citation: The committee on working conditions must be composed of representatives of the employer and an equal number of workers' representatives on OSH.

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 27(2))

• 8.6.2 Conditions for establishing a joint OSH committee

  Summary / Citation: In enterprises with more than 50 employees there shall be established committees on working conditions composed by 4 to 10 people.
  (Art. 27(1))

  The committee on working conditions must be composed of representatives of the employer and an equal number of workers' representatives on OSH.
  (Art. 27(2))

  In companies with a large number of staff, complex structure and territorial fragmentation, in addition to the committees on working conditions at the enterprise level, there might be established committees at the respective structural units.
  (Art. 27(6))

  In enterprises with 5 to 50 employees, as well as in the structural units of undertakings according to Art. 27(6), groups on working conditions shall be established.
  (Art. 28(1))
  

  Remarks / comments: Art. 27(1), Art. 27(6), Art. 28(1) were amended on 25 March 2014.

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 27-28)

• 8.6.3 Objectives, roles and/or functions of joint OSH committees

  Summary / Citation: Work conditions committees and groups have the following functions:
  1. Discuss, on a quarterly basis the overall activity for protecting the health and ensuring workers' safety and propose measures for improvement thereof;
  2. Discuss the results of occupational risk assessment and analyses of workers' health, reports by the specialised occupational health services and other issues, with a view to ensuring and protecting the health and safety of workers;
  3. Discuss contemplated changes in technology, organisation of work and workplaces with respect to the consequences of the choice of equipment, working conditions and the working environment, and propose decisions as regards to the protection of workers' health and safety;
  4. Perform checks of the observation of requirements on health and safety at work;
  5. Monitor the incidence of accidents and occupational diseases at work;
  6. Participate in developing programmes for awareness and training of personnel working on OSH issues.

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 29)

• 8.6.4 Keeping record of the work of joint OSH committees

  No data available.
  

• 8.6.5 Sharing the minutes of joint OSH committees meetings

  No data available.
  

8.7 Mandatory training for members of joint OSH committee(s)

8.8 Protection against reprisals

8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties

9.1 Biological hazards

9.2 Chemical hazards

• 9.2.1 Handling, storage, labelling and use

  Summary / Citation: There is a specific ordinance on the protection of workers from risks related to the exposure to chemical agents during work.

  The employer shall create and update safety index cards or data sheets with information on used and produced hazardous chemical substances and preparations.

  • Regulation of 30 May 2011 on storage of hazardous chemical substances and mixtures

  • Decree № 16 of 20.06.2006 regulating the use and transport by sea and inland waterways of dangerous and/or polluting goods

  • Decree № 40 of 01.14.2004 regulating the conditions for the transportation of dangerous goods

  • Ordinance No. 11 of 27 December 2004 of the Ministry of Labour and Social Policy on the minimum requirements for safety conditions of employees working in explosive environments

  • Decree No. 13 of 30 December 2003 on workers' protection from the risks relating to exposure to chemical agents at work.

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 13(2))

• 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users

  Summary / Citation: Manufacturers and importers of chemical agents are required to provide to the employer upon request:
  1. Information on the hazardous chemical agents which is needed to prepare the risk assessment for workers;
  2. Additional data for specific risk assessment for consumers.
  

  • Decree No. 13 of 30 December 2003 on workers' protection from the risks relating to exposure to chemical agents at work. (Art. 3(4))

• 9.2.3 Pesticides

  Remarks / comments: Bulgaria is among the seven EU member states that have received a formal request by the European Commission urging them to ensure full compliance with the Framework Directive on the sustainable use of pesticides. For more information: http://www.novinite.com/view_news.php?id=144455 and http://sofiaglobe.com/2012/10/24/eu-asks-bulgaria-to-implement-pesticide-use-regulations/

9.3 Ergonomic hazards

9.4 Physical hazards

• 9.4.1 Ionising radiation

  Summary / Citation: Processes and activities which involve release of dust, toxic and other harmful substances, noise and vibration, presence of ionizing radiation, infrared radiation, ultraviolet radiation, lasers, electromagnetic fields, overheating micro-climate, and other wet processes must be organized in separate buildings or premises in compliance with the relevant regulations on these activities so as to ensure health and safety at work, (Art. 20).

  In the presence of high levels of solar radiation workplace measures must be implemented to prevent adverse impacts. These measures shall take into account the nature of the performed work and workplace and may consist of windows, skylights and glass partitions, (Art. 88).

  • Decree for the provision of physical protection from nuclear facilities, nuclear material and radioactive substances

  • Decree No. 7 of 23 September 1999 on minimum requirements for healthy and safe working conditions in workplaces and during the use of work equipment. (Arts. 20, 88)

• 9.4.2 Vibration and noise

  Summary / Citation: There is a specific ordinance establishing minimum requirements to protect the health and safety of workers from risks related to the exposure to noise.

  There is a specific ordinance establishing minimum requirements to protect the health and safety of workers from risks related to the exposure to vibrations.

  • Décret n° 3 du 5 mai 2005 sur les exigences minimales pour assurer la santé et la sécurité des travailleurs en cas de risques liés à l'exposition à des vibrations.

  • Ordinance No. 6 of 15 August 2005 of the Ministry of Labour and Social Policy on the minimum requirements for health and safety of the employees working exposed to noise.

  Related CEACR Comments
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Observation 2011
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2017
  

• 9.4.3 Working at height

  Summary / Citation: There is a specific section on working at height requirements with regard to use of stairs, scaffolding, safety cords, etc.

  • Decree No. 7 of 23 September 1999 on minimum requirements for healthy and safe working conditions in workplaces and during the use of work equipment. (Arts. 215 a-p)

  Related CEACR Comments
  • Safety Provisions (Building) Convention, 1937 (No. 62) Direct Request 2001
  

• 9.4.4 Working in confined spaces

  Summary / Citation: Workers cannot be exposed to increased risks due to the fact that they are performing work in confined spaces, under any circumstances.

  When workers are performing in confined spaces there must be constant surveillance from outside and readiness to take all appropriate measures to effectively and immediately provide assistance.

  • Decree No. 7 of 23 September 1999 on minimum requirements for healthy and safe working conditions in workplaces and during the use of work equipment. (Art. 18)

• 9.4.5 Risks arising from poor maintenance of workplace facilities

  Summary / Citation: The surfaces of floors, walls and ceilings shall be made in a way which does not hinder their regular cleaning according hygiene requirements.

  The formation of secondary sources of contamination of the working environment must be prevented by proper regular cleaning of equipment and facilities.
  Cleaning dry methods (brushing and cleaning with compressed air) are not allowed.

  In order to minimize secondary dust pollution, the following measures are foreseen:
  1. Improvement of surface deposits where possible;
  2. Dew;
  3. Reclamation of land-plant and solid waste landfills;
  4. Use of vacuum cleaners in the workplace and work equipment;
  5. Wet cleaning, etc..

  Personal protective equipment (PPE) must be used by workers when cleaning and repairing equipment, and changing filters of treatment plants;

  • Decree No. 7 of 23 September 1999 on minimum requirements for healthy and safe working conditions in workplaces and during the use of work equipment. (Arts. 30, 106)

  Related CEACR Comments
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Observation 2011
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2017
  

• 9.4.6 Exposure to extreme temperatures

  Summary / Citation: There is a specific section on temperature requirements and working conditions of workers exposed to extreme temperatures in Decree No. 7 of 23 September 1999 on minimum requirements for healthy and safe working conditions in workplaces and during the use of work equipment.
  (Arts. 82-96)

  There is a special Ordinance on microclimate at the workplace determining:
  1. The limits of the parameters of the microclimate at workplaces in buildings: temperature, humidity and speed of air movement, and heat radiation;
  2. The minimum requirements for the protection of workers from risks to health and safety caused by microclimate at workplaces in buildings and from adverse weather conditions when working outdoors.
  This Ordinance applies to all establishments and places where work is carried out under article 2 of the Occupational Safety and Health Law whenever workers are exposed to the microclimate indoors or to adverse weather conditions when performing work outdoors.
  (Ordinance Nº RD-07-3 of 18 July 2014 on the minimum requirements regarding microclimate at the wrokplace)

  • Ordinance Nº RD-07-3 of 18 July 2014 on the minimum requirements regarding microclimate at the wrokplace 20140801

  • Decree No. 7 of 23 September 1999 on minimum requirements for healthy and safe working conditions in workplaces and during the use of work equipment. (Arts. 82-96)

  Related CEACR Comments
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Observation 2011
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2017
  

• 9.4.7 Fire risks

  Summary / Citation: In order to prevent harmful consequences the employer must:
  1. Undertake actions to eliminate the danger, provide first aid, fire safety and conditions for evacuation of workers, and for contacts with the emergency medical service and fire safety and protection of the population structural units;
  2. Designate workers who must implement the measures for the elimination of danger, providing first aid, fighting fires and evacuation of workers, where the number of designated workers, their training and the equipment provided to them must comply with the specific risks and scale of the enterprise.
  (Act of 16 December 1997 on Occupational Safety and Health, Art. 20)

  There is a specific section on fire fighting in Decree No. 7 of 23 September 1999 on minimum requirements for healthy and safe working conditions in workplaces and during the use of work equipment.
  (Arts. 223-228)

  There is a specific Ordinance on fire safety laying down rules and standards for fire safety when exploiting urban, agricultural, forest and protected areas and recovering damaged areas.
  According to that Ordinance, owners and managers are responsible for ensuring adequate training and/or briefing on safety and health at work to each employee in compliance with the Ordinance № RD-07-2 in 2009 on the conditions and procedures for conducting periodic training and instruction to employees on rules ensuring health and safety at work.
  (Ordinance Nº 2377 of 15 September 2011 on rules and standards on fire safety 2011-10-18, Art. 5(9))

  There is a specific Ordinance on rules and standards for fire safety when carrying out activities in agricultural lands, including sowing cereals harvesting, transportation, processing, preservation and storage of grain and roughage.
  (Ordinance N° IZ-1053 of 19 April 2011 on the rules and standards for fire safety when carrying out activities in agricultural land)

  Another specific Ordinance sets out the requirements and technical rules and regulations to ensure safety in case of fire when, among others, planning and building in urban areas; working on constructions on land located outside urban areas, including roadside buildings, petrol stations, motels, campgrounds, forest parks, protected areas, etc.
  (Ordinance № Iz-1971 of 29 October 2009 on constructional-technical rules and standards for ensuring fire safety)

  • Arrêté du 1er octobre 2014 sur les règles et les normes de protection incendie dans le cadre de l'exploitation des sites.

  • Ordinance N° IZ-1053 of 19 April 2011 on the rules and standards for fire safety when carrying out activities in agricultural land

  • Ordinance № Iz-1971 of 29 October 2009 on constructional-technical rules and standards for ensuring fire safety

  • Décret n. РД-07-02 du 16 décembre 2009 sur les conditions et la procédure de mise en oeuvre de la formation et de l'instruction périodique des travailleurs et employés en matière de sécurité et santé au travail.

  • Ordinance No. 11 of 27 December 2004 of the Ministry of Labour and Social Policy on the minimum requirements for safety conditions of employees working in explosive environments

  • Decree No. 7 of 23 September 1999 on minimum requirements for healthy and safe working conditions in workplaces and during the use of work equipment. (Arts. 223-228)

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 20)

• 9.4.8 Tobacco

  Summary / Citation: Smoking is prohibited in indoor public places, including the public transport and indoor workplaces.

  As an exception, smoking may be allowed in separate, self-contained premises of the airports. Presence of persons under the age of 18 is not allowed in those smoking premises. They must be separated by airtight walls, doors tightly closed, clearly labelled, and with a ventilation system.
  

  • Loi, adoptée le 29 juillet 2004, sur la santé. (Art. 56)

• 9.4.9 Asbestos

  Summary / Citation: There is a specific ordinance on the protection of workers from risks related to the exposure to asbestos during work.

  • Ordinance No. 9 dated 4 August 2006 on the protection of workers from risks related to the exposure to asbestos during work

  • Decree No. 10 of 26 September 2003 on the protection of workers from risks related with exposure to carcinogenic and mutagenic agents at work.

• 9.4.10 Risks related to nanotechnology

  No data available.
  

• 9.4.11 Contraction of HIV in the workplace

  No data available.
  

9.5 Psychosocial hazards

• 9.5.1 Psychosocial risks

  Summary / Citation: There is a specific ordinance on requirements for the development and implementation of physiological regimes of work and rest during working hours.
  (Decree No. 15 of 31 May 1999 on conditions, procedure and requirements for the development and introduction of physiological work regimes and rest periods in working hours)

  Work related psychosocial factors are controlled throughout the application of preventative programmes, specific to the type of labour, intended to reduce mental pressure and stress at work.
  (Decree No. 7 of 23 September 1999 on minimum requirements for healthy and safe working conditions in workplaces and during the use of work equipment, Art. 220)

  Where work is highly-stressful, monotonous, involves a forced work rhythm or posture, or the fulfilment of a set daily quota, or takes place in shifts, a physiological regime of work and rest shall be introduced to help preserve the health and work capacity of workers.
  The terms, procedures and requirements for developing the rest-work physiological regime shall be set out under an ordinance by the Minister of Health and the Minister of Labour and Social Policy.
  (Act of 16 December 1997 on Occupational Safety and Health, Art. 12)

  • Decree No. 15 of 31 May 1999 on conditions, procedure and requirements for the development and introduction of physiological work regimes and rest periods in working hours.

  • Decree No. 7 of 23 September 1999 on minimum requirements for healthy and safe working conditions in workplaces and during the use of work equipment. (Art. 220)

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 12)

• 9.5.2 Occupational violence

  No data available.
  

9.6 Other hazardous substances

9.7 Machineries

• 9.7.1 Risks related to machinery and tools

  Summary / Citation: There is a specific ordinance establishing minimum requirements to protect the health and safety of workers performing with video displayers.

  • Ordinance 7 of 15 August 2005 of the Ministry of Labour and Social Policy on the minimum requirements of health and safety conditions for employees working with visual display units.

  • Law on registration and control of agricultural and forestry machinery

• 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries

  No data available.
  

• 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information

  Summary / Citation: Manufacturers and importers of working equipment, technologies and materials shall provide documentation in Bulgarian with all necessary data requirements related to safe operation, maintenance and repair.

  • Decree No. 7 of 23 September 1999 on minimum requirements for healthy and safe working conditions in workplaces and during the use of work equipment. (Art. 164)

• 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated

  No data available.
  

• 9.7.5 Maintenance of machinery and equipment

  Summary / Citation: Machinery and equipment, including hand tools with or without engine must be maintained in good operating condition, (Art. 164(2)).

  Work equipment must be maintained so that it meets occupational safety and health requirements during the entire period of its use including installation and decommissioning, (Art. 176).

  The maintenance of work equipment must be made when it is stopped. In case it is not possible, all necessary precautionary measures must be taken or maintenance shall be performed outside the danger areas. When it is required to register the maintenance of equipment in a diary, the diary must be kept up-to-date, (Art. 191).

  • Decree No. 7 of 23 September 1999 on minimum requirements for healthy and safe working conditions in workplaces and during the use of work equipment. (Arts. 164(2), 176, 191)

  • 9.7.5.1 List of equipment where applicable

    No data available.
    

9.8 Provisions to protect workers in specific condition of vulnerability

• 9.8.1 Protection of pregnancy at work

  Summary / Citation: The employer may not order, as well as, oblige pregnant women, lactating mothers or women under in-vitro treatment to do work which is dangerous or threatens their safety and health.
  A pregnant woman, lactating mother or women under in-vitro treatment may refuse to do the work, which is defined as dangerous for the health of the mother or the child.
  The list with jobs and labour conditions, as provided by Paragraph 1 shall be defined by an ordinance of the Minister of Labour and Social Policy, and the Minister of Health.
  (Labour Code, Art. 307)

  Employers employing 20 or more women shall provide rooms for personal hygiene of the women and rooms for rest of the pregnant women and women under in-vitro treatment, as established by the Minister of Health.
  (Labour Code, Art. 308)

  The employer is under the obligation to do a risk assessment and identify any potential risks for pregnant and breastfeeding workers. When the results of the risk assessment show the existence of a risk for pregnant workers, workers have recently given birth or are breastfeeding or a risk that may affect their pregnancy or lactation, the employer shall take the necessary measures for temporary adaptation of the working conditions in the workplace and/or the working hours of the worker in order to eliminate the risk.
  If the adjustment of working conditions in the workplace and/or working hours is not feasible technical and/or objectively, the employer shall take the necessary measures to reassign the worker to another job.
  The positions and jobs suitable for appointment of pregnant workers and workers who have recently given birth or are breastfeeding are defined under the Decree on work reassignment of 1986.
  The Decree contains a non-exhaustive list with risks that pregnant workers cannot be exposed to.
  (Decree No. D-07-4 of June 15, 2015 on the improvement of working conditions of pregnant workers and workers mothers or breastfeeding workers)

  Remarks / comments: The allowances for pregnancy and childbirth consist of 90 percent of the average gross wage and remain payable over a maximum period of 410 days (Arts. 49-50). The allowance for raising a child from 1 to 2 years of age remains 340 Leva (Art. 53(1)).
  (Arts. 48-54, Code of compulsory social insurance)

  • Decree No. D-07-4 of June 15, 2015 on the improvement of working conditions of pregnant workers and workers mothers or breastfeeding workers

  • Code of compulsory social insurance of 2 December 1999, as amended. (Arts. 48-54)

  • Labour Code [consolidation]. (Arts. 307, 308)

  • Decree on work reassignment

  Related CEACR Comments
  • Maternity Protection Convention, 2000 (No. 183) Direct Request 2014
  

• 9.8.2 Protection of lactating women at work

  Summary / Citation: A female employee who breast-feeds her child shall be entitled to a paid leave for breast-feeding until the child reaches 8 months - 1 hour twice a day or, with her consent, 2 hours together. For a female employee who works at reduced working hours of 7 hours or less, this leave shall be 1 hour a day. After the child reaches 8 months this leave shall be 1 hour a day and shall be granted to the employee only in case the medical authorities find that it is necessary for her to continue breast-feeding the child.
  In case the female employee has twins or a prematurely born child, the duration of the leave under the preceding paragraph shall be 3 hours a day until the child reaches 8 months, and 2 hours a day after the child reaches 8 months, as long as the medical authorities find that Breast-feeding should continue. In such cases, in the event that the female employee works at reduced working hours - 7 or less, the initial duration of the leave for Breast-feeding the child shall be 2 hours, and after the child reaches 8 months - 1 hour a day. The leave under this paragraph shall be used twice daily, and with the consent of the employee it can be used once daily.
  A leave under the terms and for the duration specified under this article shall be also granted to the adoptive mother and to the step-mother.
  The leave under the preceding paragraphs shall be paid by the employer.
  (Labour Code, Art. 166)

  The employer may not order, as well as, oblige pregnant women, lactating mothers or women under in-vitro treatment to do work, which is dangerous of threatens their safety and health.
  A pregnant woman, lactating mother or women under in-vitro treatment may refuse to do the work, which is defined as dangerous for the health of the mother or the child.
  The list with jobs and labour conditions, as provided by Paragraph 1 shall be defined by an ordinance of the Minister of Labour and Social Policy, and the Minister of Health.
  (Labour Code, Art. 307)

  Employers employing 20 or more women shall provide rooms for personal hygiene of the women and rooms for rest of the pregnant women and women under in-vitro treatment, as established by the Minister of Health.
  (Labour Code, Art. 308)

  The employer is under the obligation to do a risk assessment and identify any potential risks for pregnant and breastfeeding workers. When the results of the risk assessment show the existence of a risk for pregnant workers, workers have recently given birth or are breastfeeding or a risk that may affect their pregnancy or lactation, the employer shall take the necessary measures for temporary adaptation of the working conditions in the workplace and/or the working hours of the worker in order to eliminate the risk.
  If the adjustment of working conditions in the workplace and/or working hours is not feasible technical and/or objectively, the employer shall take the necessary measures to reassign the worker to another job.
  The positions and jobs suitable for appointment of pregnant workers and workers who have recently given birth or are breastfeeding are defined under the Decree on work reassignment of 1986.
  The Decree contains a non-exhaustive list with risks that breastfeeding workers cannot be exposed to.
  (Decree No. D-07-4 of June 15, 2015 on the improvement of working conditions of pregnant workers and workers mothers or breastfeeding workers)

  Remarks / comments: After having used the leave for pregnancy, childbirth or adoption, if the child does not go to a kindergarten, the worker is entitled to additional leave to care for the child until he/she reaches the age of 2 years.
  This leave may be enjoyed by the father with the consent of the mother, or one of their parents when they work under an employment contract.
  During that leave the mother or the person who has assumed the care of the child shall be paid a monetary compensation. The time during that leave is recognized as working experience in terms of social benefits.
  If the mother does not use the additional leave or she or the person who uses such leave terminates its use, the mother if working under an employment contract shall be paid a monetary compensation from the State Social Security.
  (Labour Code, Art. 164)

  The allowances for pregnancy and childbirth consist of 90 percent of the average gross wage and remain payable over a maximum period of 410 days (Arts. 49-50). The allowance for raising a child from 1 to 2 years of age remains 340 Leva (Art. 53(1)).
  (Arts. 48-54, Code of compulsory social insurance)

  • Decree No. D-07-4 of June 15, 2015 on the improvement of working conditions of pregnant workers and workers mothers or breastfeeding workers

  • Code of compulsory social insurance of 2 December 1999, as amended. (Arts. 48-54)

  • Labour Code [consolidation]. (Arts. 164, 166, 307, 308)

  • Decree on work reassignment

  Related CEACR Comments
  • Maternity Protection Convention, 2000 (No. 183) Direct Request 2014
  

• 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts

  Summary / Citation: Women cannot be required to perform underground work in mines except in cases where they:
  - hold managerial positions whose duties do not require performing physical work;
  - are employed in health and social services;
  - must gain practical experience in connection with their professional training, provided they are at least 18 years old;
  - have to go underground sometimes (not daily) to perform some work where physical efforts are not required.

  Remarks / comments: The Ordinance No. 7 of 1993 on hazardous and heavy works forbidden for women is repealed by the Decree No. D-07-4 of June 15, 2015 on the improvement of working conditions of pregnant workers and workers mothers or breastfeeding workers. The Ordinance No. 7 of 1993 stated that "Night work is prohibited for pregnant female factory and office workers, as well as female factory and office workers in an advanced stage of in vitro treatment; mothers of children who have not attained the age of 6 years, as well as mothers who take care of children with disabilities, irrespective of the age of the children, except with their written consent".

  • Decree No. D-07-4 of June 15, 2015 on the improvement of working conditions of pregnant workers and workers mothers or breastfeeding workers

  • Ordinance No. 7 of 1993 on hazardous and heavy works forbidden for women

  • Labour Code [consolidation]. (Art. 140(4))

  Related CEACR Comments
  • Underground Work (Women) Convention, 1935 (No. 45) Direct Request 2011
  

• 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age

  Summary / Citation: Night work is prohibited for factory and office workers who have not attained the age of 18 years. Persons who have not attained the age of 16 years can be employed after a thorough medical examination and a medical conclusion that they are fit to perform the respective work and that the said work will impair their health and impede their proper physical and mental development. Persons who have not attained the age of 16 years can be employed by permission of the Labour Inspectorate in each particular case. Employment of persons aged between 16 and 18 years: It is prohibited to employ persons who have attained the age of 16 years but have not attained the age of 18 years in work which is hard, hazardous or harmful to the health and to their proper physical, mental and moral development. Persons who have attained the age of 16 years but have not attained the age of 18 years can be employed after a thorough pre-employment medical examination and a medical conclusion, which shall establish their fitness to perform the respective work. Persons who have attained the age of 16 years but have not attained the age of 18 years of age shall be employed by permission of the Labour Inspectorate for each particular case. The terms and procedure for granting a permission for work for persons who have not attained the age of 16 years, as well as the obligations of the employer to provide health and safety at work for the persons who have not attained the age of 18 years, must be established by an ordinance of the Minister of Labour and Social Policy and of the Minister of Health. Work for persons who have not attained 18 years of age: Minors must not engage in work which is: 1. beyond their physical or psychological capacity; 2. involving exposure to a harmful physical, biological or chemical impact, and in particular to toxic agents, carcinogens and agents causing heritable genetic or intrauterine damage; 3. involving hazards which chronically affect human health in any other way whatsoever; 4. involving exposure to radiation; 5. at extremely low or high temperatures, noise or vibration; 6. involving the risk of employment injury which it may be assumed the minor cannot recognise or avoid owing to his or her physical or psychological immaturity. Special Care of Minors: The employer must take special care of the work of persons who have not attained the age of 18 years by providing alleviated working conditions and opportunities for attainment of professional qualification and for upgrading of the said qualification. The employer is obligated to inform the underage factory and office workers and the parents or curators thereof of the potential risks at work and of the measures taken to ensure health and safety at work. The working time of factory and office workers who have not attained the age of 18 years shall be 35 hours weekly and seven hours daily in conditions of a five-day working week. The time for attainment of professional qualification and for upgrading of the said qualification, where spent under a combined work/training scheme, shall be counted as daily and weekly working time of any such workers. Factory and office workers who have not attained the age of 18 years shall be entitled to basic paid annual leave in the amount of not less than 26 working days, including during the calendar year when they attain the age of 18 years.

  • Labour Code [consolidation]. (Arts. 140(4), 302, 303)

  Related CEACR Comments
  • Minimum Age Convention, 1973 (No. 138) Direct Request 2007
  • Night Work of Young Persons (Industry) Convention, 1919 (No. 6) Direct Request 2016
  • Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79) Direct Request 2016
  

10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases

• 10.1.1 Work-related accidents

  Summary / Citation: Recording and reporting of accidents
  The insurer shall maintain a register of accidents in which must be entered:
  1. Number and date of the declaration of the accident;
  2. Reference number of the declaration presented to the territorial division of the National Social Security Institute;
  3. Full name and ID number of the victim;
  4. Time and place of the accident;
  5. Number and date of disposition of the territorial division of the National Social Security Institute for acceptance or non acceptance of the work accident;
  6. Consequences of the accident (temporary disability, temporarily reduced performance, disability or death);
  7. Number of days (calendar and work) of the accident.
  The insurer, must appoint through a written order a person to maintain a register of occupational accidents.
  The insurer must keep the declarations of accident not less than 5 years from the date of registration.
  The National Social Security Institute must establish and maintain an information system of accidents, which include data and declarations of occupational accidents.

  Remarks / comments: The insurer is required within 3 working days to declare to the territorial division of the National Social Security Institute (NSSI) the occurred accident. If this is not done within that period, the victim or his heirs are entitled to declare it to the NSSI within one year as of the incident. Then an investigation begins which is carried out by territorial division of NSSI jointly with labor inspection, and committees and groups on working conditions in the workplace and other competent authorities. The investigation is mandatory for accidents resulting in death or injury of more than 3 employees. The procedure is regulated in the Ordinance on the establishment, investigation, registration and reporting of accidents. Once the event is recognized as a work accident the injured may seek compensation under Art. 200 of the Labour Code (or Art. 78 of the Civil Servants Act).

  • Ordinance on the identification, investigation, registration and notification of occupational accidents (Art. 14)

• 10.1.2 Near miss incidents

  No data available.
  

• 10.1.3 Occupational diseases

  Summary / Citation: Once the occupational diseases are verified, they must be registered through a registration card in the regional office of the National Social Security Institute, regional office of health inspection and the Inspection Directorate.

  • Ordinance on the procedure for notification, registration, verification, claims and reporting of occupational diseases (Art. 9)

10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health

11.1 Appointment of OSH inspectors

11.2 OSH inspectors’ powers

• 11.2.1 Power to enter workplaces

  Summary / Citation: The state health control bodies must exercise control over the activities of the occupational medicine services. The state health control bodies have the right to freely access the occupational medicine services.

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 54(3)1)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2016
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  

• 11.2.2 Power to inspect and carry out any examination, test or enquiry

  Summary / Citation: The state health control bodies have the right to require information and documents from the occupational medicine service in connection with its activities.

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 54(3)2)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2016
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  

• 11.2.3 Power to investigate

  Summary / Citation: Joint investigations are carried out:
  1. in accordance with the national labour inspection programme;
  2. at the request of the Council of Ministers;
  3. on application by agencies of the public prosecution service;
  4. on the recommendation of the National Labour Inspection Council;
  5. on receipt of complaints and evidence of violations of the legislation;
  6. in the case of accidents in an enterprise, depending on the facts, the causes and scale of the accident;
  7. in the case of an industrial accident causing the death, causing injury to more than three workers, and in every accident in which there is reason to assume that it will result in disability, depending on the causes and the competence of the agencies in article 5 (1).

  • Loi du 24 novembre 2008 sur l'inspection du travail. (Art. 7)

• 11.2.4 Duty to provide advice on OSH

  Summary / Citation: Labour inspectors may give advice verbally.

  Remarks / comments: The Statutory Order of the Executive Agency "General Labour Inspectorate" has been approved on 13 January 2014.

  • Décret n° 2 du 13 janvier 2014 adoptant le Règlement intérieur de l'agence exécutive "Inspection générale du travail". (Art. 21(4)4)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2016
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  

11.3 OSH inspectors’ enforcement powers

• 11.3.1 Power to issue orders or notices

  Summary / Citation: For prevention and termination of violations of labour legislation, as well as for prevention and elimination of damages resulting therefrom, the General Labour Inspectorate and its bodies, as well as the bodies under Articles 400 and 401, by their own initiative or by proposal of the trade union organizations, may issue mandatory instructions to employers and officials for elimination of violations of labour legislation, including their obligations with respect to social and community services for employees, as well as for elimination of flaws in providing safe and healthy working environment.
  (Labour Code, Art. 404(1)1)

  The state health control bodies have the right to provide mandatory notices to the occupational medicine service with a view to eliminate any violations.
  (Act of 16 December 1997 on Occupational Safety and Health, Art. 54(3)3)

  Restrictions / obligations: Compulsory administrative measures may be appealed pursuant to the Administrative Procedure Act. An appeal shall not suspend the execution of the compulsory administrative measure (Labour Code, Art. 405).

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 54(3)3)

  • Labour Code [consolidation]. (Art. 404(1)1)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2016
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  

• 11.3.2 Power to impose financial penalties

  Summary / Citation: The state health control bodies have the right to impose penalties for administrative violations.

  • Act of 16 December 1997 on Occupational Safety and Health (Art. 54(3)4)

• 11.3.3 Power to revoke or suspend licenses or authorisations

  Summary / Citation: Labour inspectors have the power to revoke or suspend licences as they can impose any compulsory administrative measures as specified in labour and OSH legislation.
  (Statutory Order of the Executive Agency "General Labour Inspectorate", Art. 21(4)1)

  For prevention and termination of violations of labour legislation, as well as for prevention and elimination of damages resulting therefrom, the General Labour Inspectorate and its bodies, as well as the bodies under Articles 400 and 401, by their own initiative or by proposal of the trade union organizations, may suspend the approval of designs and commissioning of buildings, machines and facilities, production lines and projects, which violate the regulations for healthy and safe working environment and social services.
  (Labour Code, Art. 404(1)2)

  Restrictions / obligations: Compulsory administrative measures may be appealed pursuant to the Administrative Procedure Act. An appeal shall not suspend the execution of the compulsory administrative measure (Labour Code, Art. 405).

  Remarks / comments: The Statutory Order of the Executive Agency "General Labour Inspectorate" has been approved on 13 January 2014.

  • Décret n° 2 du 13 janvier 2014 adoptant le Règlement intérieur de l'agence exécutive "Inspection générale du travail". (Art. 21(4)1)

  • Labour Code [consolidation]. (Art. 404(1)2)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2016
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  

• 11.3.4 Power to require the cessation of dangerous work

  Summary / Citation: Labour inspectors have the power to impose any compulsory administrative measures as specified in labour and OSH legislation.
  (Statutory Order of the Executive Agency "General Labour Inspectorate", Art. 21(4)1)

  For prevention and termination of violations of labour legislation, as well as for prevention and elimination of damages resulting therefrom, the General Labour Inspectorate and its bodies, as well as the bodies under Articles 400 and 401, by their own initiative or by proposal of the trade union organizations, may halt the operation of enterprises, production lines and projects, including construction or overhaul thereof, as well as machines, facilities and work stations, whenever the violation of the regulations for healthy and safe working environment are hazardous to the life and health of people.
  (Labour Code, Art. 404(1)3)

  Restrictions / obligations: Compulsory administrative measures may be appealed pursuant to the Administrative Procedure Act. An appeal shall not suspend the execution of the compulsory administrative measure (Labour Code, Art. 405).

  Remarks / comments: The Statutory Order of the Executive Agency "General Labour Inspectorate" has been approved on 13 January 2014.

  • Décret n° 2 du 13 janvier 2014 adoptant le Règlement intérieur de l'agence exécutive "Inspection générale du travail". (Art. 21(4)1)

  • Labour Code [consolidation]. (Art. 404(1)3)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2016
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  

• 11.3.5 Power to initiate prosecutions

  Summary / Citation: Labour inspectors are considered as a control body and have the power to issue notices determining violations and initiating administrative-criminal prosecutions.

  • Décret n° 2 du 13 janvier 2014 adoptant le Règlement intérieur de l'agence exécutive "Inspection générale du travail". (Art. 21(4)3)

• 11.3.6 Power to conduct prosecutions

  No data available.
  

• 11.3.7 Other enforcement powers

  Summary / Citation: For prevention and termination of violations of labour legislation, as well as for prevention and elimination of damages resulting therefrom, the General Labour Inspectorate and its bodies, as well as the bodies under Articles 400 and 401, by their own initiative or by proposal of the trade union organizations, may apply the following compulsory administrative measures:
  - to cancel the implementation of unlawful decisions or orders of employers and officials, related to hygiene and labour safety, to allocation of social funds and the social services to employees;
  - to suspend from work employees who are not familiar with the regulations for healthy and safe work environment and do not have proper qualifications;
  - to give instructions for introduction of special regime of safe work in the case of serious and immediate hazard for the life and health of the employees, where it is not possible to apply sub-paragraph 3;
  - to halt operations on the work site or the operation of the enterprise in the event of repeated violation of Article 62, paragraph (1), till elimination of the offence.

  Restrictions / obligations: Compulsory administrative measures may be appealed pursuant to the Administrative Procedure Act. An appeal shall not suspend the execution of the compulsory administrative measure (Labour Code, Art. 405).

  • Labour Code [consolidation]. (Art. 404(1)4-7)

11.4 Application of sanctions by courts

• 11.4.1 Financial penalties for legal persons

  Summary / Citation: The employer shall incur financial liability for detriment resulting from employment injury or occupational disease which have caused temporary disability, permanently reduced working capacity of 50 per cent or more or death of a factory or office worker, regardless of whether an authority of the said employer or another factory or office worker is at fault for their occurrence.
  The employer shall also be liable where the employment injury has been caused by force majeure upon or in connection with the execution of the work assigned, or of any other work performed even without orders but in the employer's interest, as well as during a rest break spent within the enterprise.
  The employer shall be liable for compensation for the difference between the detriment caused, whether a personal injury or damage to property, including the lost profit, and the social security benefit and/or pension. This compensation shall be reduced by the amount of sums received under contracts concluded for insurance of the factory and office workers. The receipt of this compensation by the survivors of a factory or office worker who has died as a result of an employment injury or occupational disease shall not be treated as acceptance of a succession.
  (Art. 200)

  Minimum: 100 leva [68.2878 USD]
  Maximum: 30,000 leva [20,4859 USD]
  (Art. 413)

  Employers who deliberately withheld contributions to the Social Security over 3,000 Leva can be punished with imprisonment up to five years and fine of up to 2,000 Leva. In the absence of payment of amounts above 12,000 Leva, employers are punished with imprisonment of between 2 and 8 years and partial or full confiscation of property.
  (Art. 255b)

  Restrictions / obligations: The employer shall not be liable under Article 200 of the Labour Code if the injured party intentionally caused the detriment. Furthermore, the liability of the employer may be reduced if the injured party has contributed towards the employment injury by committing gross negligence (Art. 201).

  Remarks / comments: Workers may also be financially liable for detriment caused to the employer by negligence upon or in connection with the performance of the labour duties thereof (Arts. 203, 204).

  Amendments to the Penal Code are made in 2015 so as to criminalize deliberate non-payment of contributions and exempt insured persons from any liability.

  • Labour Code [consolidation]. (Arts. 200-2013, 413, 255b)

• 11.4.2 Financial penalties for natural persons

  Summary / Citation: The employer shall incur financial liability for detriment resulting from employment injury or occupational disease which have caused temporary disability, permanently reduced working capacity of 50 per cent or more or death of a factory or office worker, regardless of whether an authority of the said employer or another factory or office worker is at fault for their occurrence.
  The employer shall also be liable where the employment injury has been caused by force majeure upon or in connection with the execution of the work assigned, or of any other work performed even without orders but in the employer's interest, as well as during a rest break spent within the enterprise.
  The employer shall be liable for compensation for the difference between the detriment caused, whether a personal injury or damage to property, including the lost profit, and the social security benefit and/or pension. This compensation shall be reduced by the amount of sums received under contracts concluded for insurance of the factory and office workers. The receipt of this compensation by the survivors of a factory or office worker who has died as a result of an employment injury or occupational disease shall not be treated as acceptance of a succession.
  (Art. 200)

  Minimum: 100 leva [68.2878 USD]
  Maximum: 30,000 leva [20,4859 USD]
  (Art. 413)

  Employers who deliberately withheld contributions to the Social Security over 3,000 Leva can be punished with imprisonment up to five years and fine of up to 2,000 Leva. In the absence of payment of amounts above 12,000 Leva, employers are punished with imprisonment of between 2 and 8 years and partial or full confiscation of property.
  (Art. 255b)

  Restrictions / obligations: The employer shall not be liable under Article 200 of the Labour Code if the injured party intentionally caused the detriment. Furthermore, the liability of the employer may be reduced if the injured party has contributed towards the employment injury by committing gross negligence (Art. 201).

  Remarks / comments: Workers may also be financially liable for detriment caused to the employer by negligence upon or in connection with the performance of the labour duties thereof (Arts. 203, 204).

  Amendments to the Penal Code are made in 2015 so as to criminalize deliberate non-payment of contributions and exempt insured persons from any liability.

  • Labour Code [consolidation]. (Arts. 200, 413, 255b)

• 11.4.3 Non-financial sanctions

  No data available.
  

• 11.4.4 Criminal liability

  Summary / Citation: Manslaughter is foreseen by the Criminal Code.
  (Art 122)

  There is a specific article providing for criminal responsibility in the event of a manslaughter due to the lack of due diligence at work or the non-observance of OSH regulations.
  1. The person who causes the death of another person due to ignorance or negligent performance of professional or other legally regulated activities representing source of increased danger shall be punished with imprisonment of one to six years.
  2. Whoever recklessly causes the death of another person by carrying tasks belonging to a profession or activity that person is not entitle to perform shall be punished by imprisonment from two to eight years.
  3. If the perpetrator was drunk or if he/she caused the death to more than one person, he/she shall be punished with imprisonment from three to ten years, and in particularly severe cases - with imprisonment from five to fifteen years.
  4. If the perpetrator, after the criminal act, has done everything he/she could to save the victim, the perpetrator shall be punished:
  - in the first and second scenarios, with imprisonment of up to three years;
  - in the third scenario, with imprisonment of up to five years; and
  - in particularly severe cases, with imprisonment from three to ten years.
  (Art. 123)

  Employers who deliberately withheld contributions to the Social Security over 3,000 Leva can be punished with imprisonment up to five years and fine of up to 2,000 Leva. In the absence of payment of amounts above 12,000 Leva, employers are punished with imprisonment of between 2 and 8 years and partial or full confiscation of property.
  (Art. 255b)

  Remarks / comments: Amendments to the Penal Code are made in 2015 so as to criminalize deliberate non-payment of contributions and exempt insured persons from any liability.

  • Penal Code. (Arts. 122, 123, 255b)

• 11.4.5 Terms of imprisonment for natural persons

  Summary / Citation: Up to 15 years of imprisonment depending on the nature and circumstances of the criminal action which caused death to a person, as regulated in Art. 123 of the Criminal Code.

  • Penal Code. (Art. 123)