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Occupational Safety and Health (OSH)
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Croatia - 2016

Themes

  1. Description of national OSH regulatory framework
  2. Scope, coverage and exclusions
  3. Institutions and programmes relating to OSH administration and/or enforcement
  4. Employers’ duties and responsibilities to protect the safety and health of workers and others
  5. Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices
  6. Employers’ duty to ensure availability of expertise and competence in health and safety
  7. Workers' rights and duties
  8. Consultation, collaboration and co-operation with workers and their representatives
  9. Specific hazards or risks
  10. Recording, notification and investigation of accidents/incidents and diseases
  11. OSH inspection and enforcement of OSH legislation

  • 1 Description of national OSH regulatory framework

    • 1.1 Description of OSH regulatory framework

      Summary/citation: Everyone shall have the right to work and freedom of work and everyone shall be granted the right to healthcare in conformity with the law. Moreover, young people, mothers and disabled persons shall be entitled to special protection at work while everyone shall have the right to a healthy life and within the scope of their powers and activities, accord particular attention to the protection of human health, nature and the human environment.
      The main legal act regulating occupational safety and health is the Law on Safety at Work which is generally regulating a system of protection at work. Its purpose is to systematically improve safety and health of workers, to prevent injuries at work, occupational and other diseases in connection with work. The OSH Law recognises the importance of a person’s life, health and ability to work as values bearing special social interest in the Republic of Croatia. It is divided into chapters regulating rules for protection at work and general principles of prevention; employer’s obligations in implementing rules on safety at work while focusing attention on organisation and implementation of safety at work, liability for damages at work and in connection with work, vocational training, consultations, jobs with special working conditions, particularly sensitive workgroups, means of work, personal protection equipment, technology of work and working procedures, working environment, stress at work or in connection to work, safety signs, written information and instructions, foreign workers; obligations and rights of workers; workers’ commissioner for safety at work; activities with regards to safety at work; supervision; misdemeanour provisions; transitional and final provisions. At the same time, there are numerous specific legal acts such as rules of procedure laws and regulations that are containing legal norms regulating health and safety of workers regarding specific jobs they are doing.
      Croatian Institute for Health Protection and Safety at Work is an independent health institution at national level working under supervision of the Ministry of Health. Its main goal is to develop and disseminate knowledge on sustainable and healthy work as well as health surveillance, health promotion and improvement of quality of life and work ability of Croatian workers.

      Remarks / comments: The OSH Law implements into Croatian legislation the Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work, Directive 2007/30/EC of the European Parliament and of the Council of 20 June 2007 amending Council Directive 89/391/EEC, its individual Directives and Council Directives 83/477/EEC, 91/383/EEC, 92/29/EEC and 94/33/EC with a view to simplifying and rationalising the reports on practical implementation, Council Directive 91/383/EEC of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed- duration employment relationship or a temporary employment relationship, Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) and Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work.

      • Constitution of the Republic of Croatia (Text No. 2422) (Consolidated text). (Articles 55(1), 59, 65(3), 70)

      • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Articles 1, 5)

  • 2 Scope, coverage and exclusions

  • 3 Institutions and programmes relating to OSH administration and/or enforcement

    • 3.1 Competent national authority for safety and health at work

      Summary/citation: Government of the Republic of Croatia is a competent national authority for safety and health at work with the Ministry of the Labour and Pension System as the main administrative body for OSH. For those purposes, National Council for Work Safety is established by the Government of the Republic of Croatia as its advisory body for occupational health and safety. Further on, according to The decision on the establishment of the National Council for Occupational Safety and Health, The National Council for Safety and Health at Work is established and supervised by the Ministry of Labour and Pension System and is obliged to report on its work to Government at least once a year.

      • The Decision on the Establishment of the National Council for Occupational Safety and Health 20141010 (§ V, VII)

      • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art. 6 (1))

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018

      • 3.1.1 Objectives, roles and/or functions

        Summary/citation: The Government of the Republic of Croatia, through established National Council for Safety and Health at Work, identifies, proposes, implements and systematically reviews the policy of occupational health and safety and proposes amendments to the legislation in order to improve safety and protect health of employees.
        The National Council for Safety and Health at Work fulfils six namely listed functions: monitoring, analyzing and evaluating the system and policy of OSH and informing the Government on its finding and assessments and proposing changes, monitoring the effects of the application of relevant legislation, gives its opinion on drafts statements and regulation within the OSH field, proposing measures for improvement of OSH system, participating in the organisation of the National Day of OSH and performing other tasks at the Government's request.

        • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art. 6 (1), 7(1))

      • 3.1.2 Chairperson and composition

        Summary/citation: The National Council for Safety and Health at Work consists of seven members. They are appointed by the Government’s decision and consist of the director of the Institute for the Advancement of Safety at Work, two representatives nominated by the minister responsible for labour affairs and two representatives per the employers and per the employees, nominated by representative associations of the employer and employees of a higher level under a special regulation. Chairperson, the President of the National Council, is elected by the members at the first session.

        • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art. 6 (2,3), 7 (2))

    • 3.2 National OSH research programme or institute

      Summary/citation: Institute for the Advancement of Safety at Work is a public institution established and governed by the Government of the Republic of Croatia registered in the Court Register and seated in Zagreb. The Institute took over all the functions prescribed in the Occupational Health and Safety Act from the Croatian Institute for the Protection of Health and Safety and Work.

      83(1) "In order to monitor the situation in the field of occupational health and safety, the Institute for the Advancement of Safety at Work shall be established.

      84(1) "The Institute shall have a Statute which regulates, pursuant to this Act, the organization, powers, responsibilities and decision-making methods of the bodies managing the Institute, the conditions and procedures for appointment of the Governing Council and of the Director of the Institute and other matters relevant for the activities and the work of the Institute.
      84(2) The Statute of the Institute shall be adopted by the Governing Council, with the consent of the Government."

      4(3) "The name of the Institute in English is INSTITUTE FOR OCCUPATIONAL SAFETY IMPROVEMENT."

      Remarks / comments: The OSH Act refers to the Institute as "The Institute for the Advancement of Safety at Work" while the Institute refers to itself as "The Institute for Occupational Safety Improvement" in its own Statute.

      • Statute of the Institute for Occupational Safety Improvement 20150225 (Art 4(3))

      • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art. 83 (1,2,3), 84)

      • 3.2.1 Objectives, roles and/or functions

        Summary/citation: Main objective of the Institute for the Advancement of Safety at Work is to monitor the situation in the field of occupational health and safety.
Further more, The Occupational Health and Safety Act provides a list of 11 special roles and functions of the Institute, particularly related to monitoring, development of programs, guidelines, methods and models for OSH, establishing criteria and procedures for the organization of work activities, conducting statistical surveys, cooperation with organizations and institutions, providing expert opinions and professional assistance, performing activities and preparing promotional materials, resolving and acting in administrative matters in the first instance proceedings, carrying out professional supervision and audit of authorized persons and submitting activity reports to the Government within the OSH field.

        83(4) Within its scope of work the Institute shall:
        1) monitor the situation in the area of occupational health and safety,
        2) develop programs, guidelines, methods and models for occupational health and safety,
        3) establish criteria and procedures for the organization of work activities appropriate for employees,
        4) conduct statistical surveys in the area of occupational safety and health,
        5) cooperate, within its area of competence, with international and national organizations and professional and scientific institutions,
        6) provide expert opinions on occupational health and safety for different interested parties,
        7) provide professional assistance to employers’ associations, trade unions, persons authorized for occupational health and safety matters and administrative bodies, based on the information within its scope of work,
        8) perform activities in particular areas of occupational health and safety and prepare promotional materials,
        9) resolve and act in administrative matters in the first instance proceedings related to authorizations which are granted to persons for occupational health and safety and approvals granted to occupational health and safety experts,
        10) carry out professional supervision and audit of authorized persons with respect to authorization obtained under this Act,
        11) submit activity reports to the Government by the end of May of the current year for the previous year."

        • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art. 83 (1,4))

      • 3.2.2 Governance board constitution and chairmanship

        Summary/citation: Supervision of the legality of the work of the Institute is carried out by the ministry competent for labour.
The Institute is managed by the Governing Council, consisted of five members appointed by the Government, namely: two members proposed by the Minister competent for labour, two members proposed by the National Council for Work Safety and one member who is the representative of the employees of the Institute. Governing Council elects its President at the first constitutive session and from among the members stated previously.
The Director of the Institute, its chairman, is appointed by the Government, at the proposal of the minister competent for labour affairs, following a public announcement of the vacancy for the mandate of four years with the possibility of reappointment.

        Restrictions / obligations: 85(1) "The Institute shall be managed by the Governing Council.
        85(2) The Governing Council shall consist of five members appointed by the Government, namely:
        1) two members proposed by the Minister,
        2) two members proposed by the National Council for Work Safety,
        3) one member, being a representative of the employees of the Institute, appointed or elected in accordance with labour law.
        85(3) The President of the Governing Council shall be elected by the members of the Governing Council, at the first constitutive session and from among the members referred to in paragraph 2 subparagraph 1 of this Article.
        85(4) The Governing Council shall make decisions by majority vote of all its members.
        85(5) The President of the Governing Council may suspend any decision of the Governing Council which may negatively affect financial operations of the Institute.
        85(6) The members of the Governing Council shall be appointed for a period of four years.
        85(7) The scope, powers and responsibilities of the Governing Council shall be established by the Statute of the Institute."

        86(1) "The Government may relieve of duty a member of the Institute’s Governing Council before the expiry of the term of office he has been appointed for, where:
        1) a member himself requests that he be relieved of duty,
        2) a member, in the course of carrying out his activities, violates the law or other regulations related to the work and activities of the Institute,
        3) a member, in the course of carrying out his activities, causes damage to the Institute,
        4) a member is involved in a conflict of interest with the activities of the Institute while carrying out his duties,
        5) there are other cases as laid down by law or Statute."

        87(1) "The affairs of the Institute shall be managed by the Director.
        87(2) The Director of the Institute shall be appointed by the Government, at the proposal of the minister competent for labour affairs, following a public announcement of the vacancy.
        87(3) The Director of the Institute shall be appointed for a period of four years, and once this period ends may be reappointed.
        87(4) The scope, powers and responsibilities of the Director shall be set out in the Statute of the Institute."

        88(1) "The Director of the Institute shall be relieved of duties by the Government before the expiry of the office term the Director has been appointed for, where the Director:
        1) requests that he be relieved of duty,
        2) fails to act in compliance with regulations and general Acts of the Institute,
        3) is negligent and unconscientious in the performance of his duties thus causing damage to the Institute,
        4) is frequently negligent and neglectful in the performance of his duties thus making it difficult for the Institute to perform its activities."

        16(2) "The proposition to relieve a member of the Governing Council of his duties can be presented to the Government by the Governing Council or the Director."

        • Statute of the Institute for Occupational Safety Improvement 20150225 (Art 16(2))

        • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art. 83 (6), 85, 86 87, 88)

      • 3.2.3 Source of funding

        Summary / Citation: According to the Occupational Health and Safety Act, the Institute is funded from the state budget.

        83(2) "The Institute is a public institution owned by the Republic of Croatia and the founding rights are exercised by the Government of the Republic of Croatia. The funds for the work of the Institute shall be allocated from the state budget."

        • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Article 83 (2))

    • 3.3 National OSH programme

      Summary/citation: Ministry responsible for labour affairs in cooperation with the National Council for Work Safety proposes for adoption the National Programme on OSH to the Government.

      Remarks / comments: The Ministry of Economy, Labour and Entrepreneurship adopted the “National Programme on Health and safety at Work for the period from 2009 to 2013”. One of the objectives of the Programme was to provide the conditions for "healthy workplace", and with the measures implemented in achieving that goal Republic of Croatia accepts European Union Strategy for Safety and Health at Work for the period 2007-2012, on which the National Programme is based upon. Within named Programme Croatia managed to fully complete the process of harmonisation national legislation on safety at work with the EU directives.
      In February 2015 Ministry of Health adopted the National Programme on Health and Safety at Work for Persons working in the Healthcare for the period from 2015 to 2020 with a vision of improvement of health of persons employed in health care.

      • National Programme on Health and Safety at Work for Persons working in the Sector of Health Protection for the period from 2015 to 2020

      • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art. 6 (6))

      • 
National Programme on Health and safety at Work for the period from 2009 to 2013

      • National Programme on Health and safety at Work for the period from 2009 to 2013

  • 4 Employers’ duties and responsibilities to protect the safety and health of workers and others

  • 5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices

  • 6 Employers’ duty to ensure availability of expertise and competence in health and safety

    • 6.1 OSH competence

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

        Summary / Citation: : The employer shall be obliged to establish and perform tasks of OSH in accordance with the risk assessment, condition of safety at work and number of employees. In cases where the employer is not authoritised to perform OSH tasks himself/herself, due to lack of perscribed requirements and/or exceeding 49 employers, or in cases where he/she meets the requirements, but for an objective and legitimate reason he/she cannot perform these tasks himself/herself, he/she is obliged to contract the performance of the OSH tasks with one or more OSH specialists. OSH tasks include, among others, technical assistance to the employer and his authorized employees, employees and employees' commissioners and participation in the development of business strategy and operational plans and programmes of the employer's business activities.

        • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art. 21)

        Related CEACR Comments
        • Occupational Health Services Convention, 1985 (No. 161) Observation 2018
        • Occupational Health Services Convention, 1985 (No. 161) Direct Request 2018

        • 6.1.1.1 Qualifications of experts or professional services

          Summary / Citation: According to the Ordinance on Performance of Occupational Safety and Health, OSH tasks are performed by OSH experts of a first or a second degree, depending on the number of workers and occupations. OSH experts shall be within the field of technical, bio-technical or natural sciences or in the field that corresponds to the activities of the employer. A first degree occupational safety and health expert shall hold at least secondary education degree and one of the following: general part of the professional examination for OSH expert, recognized status of OSH expert, certificate of specialist exam in the field of OSH. A second degree OSH expert is a person who passed the general and specific part of the professional examination for OSH expert.

          • Ordinance on Performance of Occupational Safety and Health 20140924 (Art. 2, 3)

          Related CEACR Comments
          • Occupational Health Services Convention, 1985 (No. 161) Observation 2018
          • Occupational Health Services Convention, 1985 (No. 161) Direct Request 2018

    • 6.2 Appointment of an OSH practitioner

      Summary/citation: The employer is not obliged to appoint an OSH practitioner only in case she/he employs not more than 49 employees and fulfills legal conditions listed in the Ordinance on Performance of Occupational Safety and Health to carry out OSH tasks by herself/himself. In all other cases employer is obliged to appoint an OSH expert. If the employer employs 50 employees or more, she/he is obliged to appoint an OSH expert regardless of the fact if she/he fulfills legal conditions to carry out these tasks herself/himself.

      • Ordinance on Performance of Occupational Safety and Health 20140924 (Art. 4)

      • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art. 20)

      • 6.2.1 Workforce size threshold for the appointment of OSH practitioners

        Summary/citation: Ordinance on Performance of Occupational Safety and Health prescribes three categories of workforce size threshold relevant for this matter: employers who employ up to and including 49 employees, employers who employ from 50 up to and including 249 employees and employers who employ from 250 up to and including 499 employees. 
For the first category mentioned, at least one first degree OSH expert shall be appointed. However, in case where more than 70 percent of the employees are performing work in special working conditions a second degree OSH expert shall be appointed.
In the second category mentioned, at least one second degree OSH expert shall be appointed. However, in case where at least 80 percent of the employees are performing exclusively work of low risk, a first degree OSH practitioner can be appointed. 
In the last category mentioned, at least one second degree and one first degree OSH practitioner shall be appointed. Additionally, on every 500 following employees, at least one more second degree OSH practitioner shall be appointed. However, where more than 500 employees are employed and of which at least 80 percent preform work of low risk, at least one second degree and one first degree OSH practitioner shall be appointed.

        • Ordinance on Performance of Occupational Safety and Health 20140924 (Art. 6, 7, 8)

  • 7 Workers' rights and duties

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

      Summary / Citation: The Occupational Health and Safety Act provides that it is the responsibility of an employee to perform his duties with due care while at the same time taking care of his health and safety, as well as the health and safety of other employees. He/she shall work with due care when performing tasks in line with knowledge and skills acquired during training in safe working practices and should follow instructions when performing his duties. The employee shall inspect the workplace and inform the employer of any identified deficiencies. He/she shall ensure his proper use of work equitment and prescribed personal protective equipment and avoid modifying safety components on equitment. He/she shall also notify designated persons of any situation that poses a significant and immediate risk to health and safety and perform his tasks in compliance with occupational health and safety rules, professional standards of care and written instructions by the employer. Before leaving the workplace, the employee shall ensure that equipment is stored in such a way that it poses no danger to other employees or equipment. The employee must cooperate with the employer, its authorised officers, occupational health and safety specialists, specialists in occupational medicine and employees' representatives for occupational health and safety.

      • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art.68)

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

      Summary / Citation: The Occupational Health and Safety Act provides that it shall be the responsibility of an employee to perform his duties with due care while at the same time taking care of the health and safety of other employees, which may be endangered by his actions or oversights at work. Before leaving the workplace, the employee ensures that the equipment which he/she has used is left in such a condition that it poses no danger to other employees or equipment. Furthermore, the employee shall cooperate with and notify the designated persons, i.e. the employer, its authorised officer, occupational health and safety specialist, specialist in occupational medicine and employees' representative for occupational health and safety, of any situation that represents a significant and immediate risk to the health and safety of others. The employee shall also notify these persons of any other shortcomings identified in the occupational health and safety system.

      • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art.68,Art.69(3))

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

      Summary / Citation: According to The Occupational Health and Safety Act, the employees’ commissioner shall protect the interest of employees and monitor the implementation of rules, measures, procedures and activities relating to occupational health and safety. He/she shall be entitled to submit proposals and requests to the employer, submit complaints to competetent bodies, participate in plans of improvement with the employer, receive employees’ complaints, inform the competent inspectors and specialists in occupational medicine of his/her observations or those of the employees. Furthermore, he/she shall involve a competent inspector in case he/she finds that the health and safety of the employees have been endangered and if the employer fails or refuses to implement occupational health and safety measures.

      • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art.71)

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

      Summary / Citation: The authorised officer shall make sure that employees who have not been trained for work in a safe manner do not work without the superivision of a trained employee. Furthermore, he/she must ensure that the employee who no longer meets the requirements to continue to peform work with special working conditions is prevented from doing so. He/she must exclude from use work equipment and personal protective equipment that is defective. He/she should also supervise employees to ensure they are working in accordance with occupational health and safety rules and instructions of the employer. The authorised officer must also ensure that during working time there is no consumption of alcohol or other addictive substances and must prevent employees from working where their work is being performed contrary to ocuupational health and safety rules.

      • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art.24)

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

      No data available.

    • 7.6 Duty to comply with OSH-related requirements

      Summary / Citation: The employee must perform his tasks in line with occupational health and safety rules, professional standards of care and written instructions provided by the employer.

      • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art.68(2))

    • 7.7 Right to enquire about risks and preventive measures

      Summary / Citation: The risk assesment produced by the employer in written or electronic form which corresponds to the existing risks at work and in relation to work must be made available to employees in the workplace. The employer is also obliged to inform and updated his employees on all risks which might affect their health and safety. The employer is also obliged to visibly display written instructions about the work environment, equipment, hazardous chemicals, biological harms, occupational hazards, sources of physical harms and other risks at work and in relation to work, in accordance with the risk assessment. The employees may inform themselves through displayed written instruction. There is no data available on the specific way of enquiring about risks and preventive measures.

      • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art.18,32)

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018

    • 7.8 Right to remove themselves from a dangerous situation

      Summary / Citation: The Act accords employees the right to refuse work and leave the workplace if faced with an immediate risk to their life and health, until such time as the employer takes remedial measures, and must not be placed at a disadvantage because of his actions. The employee must not be required to remain at their workplaces as long as there exists an immediate and serious risk to the life and health of employees. The employee shall notify the employer, its authorised officer, occupational health and safety specialist or employees' representative for occupational health and safety about this situation. For the period during which the employee does not perform his duties, so as to avoid exposure to immediate and serious risk to his life and health, the employee is entitled to pay and other rights arising from his employment in accordance with labour law.

      • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art.69(4,5))

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018

    • 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

        No data available.

  • 8 Consultation, collaboration and co-operation with workers and their representatives

    • 8.1 National OSH committee, commission, council or similar body

      Summary / Citation: 6(1) "The Government of the Republic of Croatia (hereinafter: the Government) systematically monitors the state of occupational health and safety in the Republic of Croatia and in consultation with representatives of employers and employees identifies, proposes, implements and systematically reviews the policy of occupational health and safety and proposes amendments to the legislation in order to improve safety and protect health of employees and with that aim it established the National Council for Work Safety."

      Remarks / comments: The Occupational Health and Safety Act establishes a National Council for Work Safety.

      • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art 6(1))

      • 8.1.1 Objectives, roles and/or functions

        Summary / Citation: 6(1) "The Government of the Republic of Croatia (hereinafter: the Government) systematically monitors the state of occupational health and safety in the Republic of Croatia and in consultation with representatives of employers and employees identifies, proposes, implements and systematically reviews the policy of occupational health and safety and proposes amendments to the legislation in order to improve safety and protect health of employees and with that aim it established the National Council for Work Safety."
        6(6) "The Ministry responsible for labour affairs in cooperation with the National Council for Work Safety proposes to the Government the adoption of the National Programme on Occupational Health and Safety, published in the "Official Gazette"."

        7(1) "The National Council for Work Safety:
        1) monitors, analyzes and evaluates the system and policy of occupational health and safety and informs the Government on its findings and assessments and proposes necessary changes
        2) monitors the effects of the application of this Act, its implementing regulations, specific laws and other regulations which protect health and safety of employees in the Republic of Croatia and, if necessary, proposes changes to the Government, including their alignment with international regulations
        3) gives its opinion on draft statements of the regulatory impact assessment and on draft regulations proposals in the field of occupational health and safety
        4) proposes measures for improving occupational health and safety system in the Republic of Croatia
        5) participates in the organization of the National Day of Occupational Health and Safety
        6) performs other tasks at the request of the Government."

        Remarks / comments: The Government systematically monitors the state of occupational health and safety in Croatia and in consultation with representatives of employers and employees identifies, proposes, implements and systematically reviews the policy of occupational health and safety and proposes amendments to the legislation in order to improve safety and protect the health of employees and it is with that aim that it established the National Council for Work Safety. One of the more important roles of the Council – in cooperation with the Ministry responsible for labour affairs – is to propose to the Government the adoption of the National Programme on Occupational Health and Safety which is then published in the ‘Official Gazette’.

        • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art 6(1,6), 7(1))

      • 8.1.2 Constitution and chairmanship modalities

        Summary / Citation: 6(2) "The National Council for Work Safety consists of seven members.
        6(3) The members of the National Council referred to in paragraph 2 of this Article shall be appointed by the Government’s decision as its advisory body for occupational health and safety, and shall consist of the director of the Institute for the Advancement of Safety at Work (hereinafter: the Institute), two representatives nominated by the minister responsible for labour affairs (hereinafter: the Minister) and two representatives per the employers and per the employees, nominated by representative associations of the employer and employees of a higher level under a special regulation."

        7(2) "The President of the National Council is elected by the members of the National Council at its first session."

        3(1) "The President shall be chosen by a majority vote of the members of the Council.
        3(3) If the President is prevented or unable to perform his duties for three months, the members shall appoint a new President between themselves."

        4(1) "The members are appointed for a term of four years and they can be reappointed."

        Restrictions / obligations:

        Remarks / comments: The Government has established a National Council for Work Safety. It consists of seven members. The Council’s members are the director of the Institute for Occupational Safety Improvement, 2 representatives nominated by the minister responsible for labour affairs and 2 representatives per the employers and the employees, nominated by representative associations of the employer and employees of a higher level under a special regulation.

        • Rules of Procedure of the National Council for Work Safety 20100610 (Art 3(1,3), 4(1))

        • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art 6(2,3), 7(2))

    • 8.2 Employers’ duty to consult workers on risks

      Summary / Citation: 18(2) "The employer shall be obliged to produce a risk assessment in written or electronic form which corresponds to the existing risks at work and in relation to work available to the employee at the workplace.
      18(5) The employer shall be obliged to involve the employees and their representatives in the risk assessment procedure in the manner prescribed by this Act.
      18(6) The minister shall, by virtue of an ordinance, regulate the conditions, manner and method of drafting the risk assessment, the required subject matter covered by the assessment, the information on which a risk assessment shall be based and the classification of hazards, harms and exertion at work and in relation to work."

      31 "The employer shall be obliged to inform and consult with his employees or their representatives on occupational health and safety issues in accordance with this Act and general regulations on work."

      33(1) "The employer shall be obliged to, in advance and in a timely manner, consult with the employees' commissioner for occupational health and safety on:
      3) drafting the risk assessment and modifications, i.e. amendments to the risk assessment."

      7(3) "The risk assessment shall be drafted with active participation of the workers performing the work that is being assessed for risk and by respecting their opinions."

      12 "The workers or their representatives, or the persons they authorised, and experts in occupational health and safety at work must participate in the process of risk assessment. The employer shall include experts in other areas if necessary. The Committee on Occupational Health and Safety, established by the employer employing 50 or more workers, must discuss the risk assessment or amendments to the risk assessment on its meetings. The committee can accept it, or propose amendments and give suggestions and objections."

      Restrictions / obligations: 149(1) "The employer shall be obliged to inform the works council at least every three months about:
      7) health protection and safety at work policy and measures taken in order to improve working conditions,
      8) outcomes of inspections of work and safety at work conditions"
      149(2) "The employer shall be obliged to inform the works council about the issues from paragraph 1 of this Article in such a manner in terms of timeliness and the level of detail so as to enable the members of the works council to evaluate possible impact and prepare for negotiations with the employer."

      150(1) "Before rendering a decision that is relevant for the position of workers, the employer must consult the works council about the proposed decision and must communicate to the works council the information important for rendering a decision and understanding its impact on the position of workers.
      150(2) In cases referred to in paragraph 1 of this Article, the employer shall be obliged to enable the works council to organise meetings, upon their request and before their final response about the employer’s intended decision, in order to obtain additional answers and explanations related to their statement."
      150(3) "Important decisions referred to in paragraph 1 of this Article shall include in particular decisions on:
      4) the measures related to the protection of health and safety at work"
      150(4) "The complete information related to the proposed decision must be delivered to the works council in good time, so as to enable the works council to put forward comments and proposals stemming from the discussion that could have substantial effect on decision-making process."
      150(5) Unless otherwise specified by an agreement between the employer and the works council, the works council shall provide the employer with a feedback concerning the proposed decision within eight days. In case of an extraordinary dismissal, the deadline shall be five days.
      150(6) If the works council does not provide its feedback on the proposed decision within the deadline referred to in paragraph 5 of this Article, it shall be presumed that it has no comments or proposals.
      150(8) The works council must give reasons for its opposition to the employer’s decision."
      150(12) "A decision rendered by the employer contrary to the provisions of this Act governing consultations with the works council shall be null and void."

      Remarks / comments: The OSH Act provides that the employer is obliged to inform and consult with his/her employees or their representatives on occupational health and safety issues in accordance with this Act and general regulations on work. Since provisions of the OSH Act do not regulate this matter completely, but point towards the provisions of the Labour Act, it is necessary to consult those for a complete view of the legislature regarding this matter. The most important part regarding the consultation of workers is the provision of the Labour Act stating that a decision rendered by the employer contrary to the provisions of the Act governing consultations with the works council shall be null and void. This means they [the provisions] are applicable to any and all employers’ decisions regarding occupational health and safety at work. After the Labour Act it is necessary to once again return to the Occupational Health and Safety Act’s provisions.

      • Ordinance on the drafting of risk assessment 20140924 (Art 7(3), 12)

      • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (18(2,5,6), 31, 33(1), subpara (3))

      • Labour Code of 18 July 2014 (Text No. 1872). (Art 149(1 subparas [7,8],2), 150(1,2,3 subpara [4],4,5,6,8,12))

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018

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

      Summary / Citation: 70(1) "Employees of an employer, may elect an employees’ commissioner for occupational health and safety from among themselves."

      Remarks / comments: The workers may elect their commissioner for occupational health and safety issues.

      • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art 70(1))

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018

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

        Summary / Citation: 70(2) "Where 20 or less employees work for an employer, a commissioner for occupational health and safety shall be elected in a direct and public vote by employees attending a meeting convened by the employer in accordance with labour law."
        70(3) "Where more than 20 employees work for an employer, a commissioner for occupational health and safety shall be elected in accordance with labour law regulating the election of a works council."
        70(4) "Where the employer has several elected commissioners, based on the prescribed criteria, the elected commissioners shall choose a coordinator from among themselves."

        Restrictions / obligations: 142(1) "The number of members of the works council shall be determined in accordance with the number of workers employed with an employer in the following manner:
        1) up to 75 workers: 1 representative,
        2) 76 to 250 workers: 3 representatives,
        3) 251 to 500 workers: 5 representatives,
        4) 501 to 750 workers: 7 representatives,
        5) 751 to 1000 workers: 9 representatives."
        142(2) "For each further 1000 workers, or a fraction thereof, the number of the members of the works council shall be increased by two."

        Remarks / comments: The provision regarding the number of representatives in the works council directly applies to the provision that stipulates the election of several commissioners for occupational health and safety.
        It is the opinion of the Ministry of Labour and Pension System of Croatia that if the employer does not convene a meeting, the employees themselves may organise a meeting where the commissioner shall be elected in a direct and public vote by employees.

        • Labour Code of 18 July 2014 (Text No. 1872). (Art 142(1,2))

        • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art 70(2,3,4))

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

        Summary / Citation: 141(1) "Workers shall have the right to elect, in free and direct elections, by secret ballot, one or more of their representatives (hereinafter: “the works council”) which shall represent them before their employer in relation to the protection and promotion of their rights and interests."

        142(3) "When members of the works council are proposed, account must be taken of equal representation of all organisational units and groups of employees (by gender, age, qualifications, jobs they perform, etc.)."

        145(1) "All workers of an employer shall have the right to elect and be elected.
        145(2) Members of management and supervisory bodies and their family members, as well as workers referred to in Article 131, paragraphs 1 and 2 of this Act, shall not have the right to elect and be elected.
        145(3) Family members referred to in paragraph 2 of this Article are considered to be members of the immediate family referred to in Article 86, paragraph 3 of this Act.
        145(4) The provision of paragraph 2 of this Article shall not apply to workers’ representatives in employers’ bodies.
        145(5) An electoral committee shall establish a list of workers having voting rights."

        146(1) "Lists of candidates for worker representatives may be proposed by trade unions whose members are employed with a respective employer, or a group of workers enjoying the support of at least twenty per cent of the workers employed with a respective employer.
        146(2) Each list of candidates shall contain the same number of candidates and deputies as the number of worker representatives elected.
        146(3) The procedure for the election of works councils, responsible persons, deadlines and manner of submitting the information on elected works councils shall be prescribed by the Minister by virtue of an ordinance."

        Remarks / comments: The OSH Act does not regulate the conditions of eligibility, but the provision that they shall be elected in accordance with labour law regulating the elections of a works council does and the conlusion is that Labour Act provisions are relevant here. The provisions stated about the works council should be read and interpreted with that in mind.

        • Labour Code of 18 July 2014 (Text No. 1872). (Art 141(1), 142(3), 145, 146)

    • 8.4 OSH representatives’ functions, rights and powers

      • 8.4.1 Right to inspect the workplace

        Summary / Citation: 71(2) The employees' commissioner for occupational health and safety shall be entitled to:
        6) have access to and use the employer’s documentation about occupational health and safety,
        12) continually broaden and improve his knowledge and monitor and collect information relevant to his activities,
        71(3) The collective agreement may regulate other issues related to the activities performed by the employees' commissioner for occupational health and safety, and these issues may also be regulated by an agreement entered into between the employer and the works council, should the parties to the collective agreement authorize the parties to the agreement to do so."

        Remarks / comments: This right is not defined by the Act, but it can be extrapolated from the duties and rights of the commissioner for occupational health and safety. One of his/her duties is to monitor the implementation of rules, to be present at inspections and inform the inspectors about his/her or the employees’ observations.

        • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art 71(2) subparas [6,12], 71(3))

      • 8.4.2 Right to access OSH information

        Summary / Citation: 71(2) The employees' commissioner for occupational health and safety shall be entitled to:
        5) be informed of any changes that affect or might affect occupational health and safety,
        6) have access to and use the employer’s documentation about occupational health and safety,

        71(3) The collective agreement may regulate other issues related to the activities performed by the employees' commissioner for occupational health and safety, and these issues may also be regulated by an agreement entered into between the employer and the works council, should the parties to the collective agreement authorize the parties to the agreement to do so."

        Restrictions / obligations: 32(5) "The employer shall be obliged to make available the appropriate documentation to the occupational health and safety specialist, to the authorized officer and to the employees’ commissioner for occupational health and safety, in particular:
        1) risk assessment and the list of measures being implemented for the purpose of eliminating or reducing the estimated risks,
        2) records and documents which he shall be obliged to keep in line with the provisions of Article 61, paragraph 1 of this Act,
        3) administrative measures ordered by the authorized inspector."

        Remarks / comments: This right is not defined by the Act, but it can be extrapolated from the duties and rights of the commissioner for occupational health and safety. The commissioner has the right to access and use the employer’s OSH documentation.

        • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art 32(5), 71(2) subparas [5,6], 71(3))

        Related CEACR Comments
        • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
        • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018

      • 8.4.3 Right to be present at interviews

        Summary / Citation: 71(1) "The employees’ commissioner for occupational health and safety shall protect the interests of employees in terms of occupational health and safety and monitor the implementation of rules, measures, procedures and activities relating to occupational health and safety.
        71(2) The employees' commissioner for occupational health and safety shall be entitled to:
        7) receive employees’ complaints about the implementation of occupational health and safety rules and communicate those complaints to the employer or its authorized officer,
        9) be present at inspection visits and respond with respect to the facts established by a competent inspector,
        71(3) The collective agreement may regulate other issues related to the activities performed by the employees' commissioner for occupational health and safety, and these issues may also be regulated by an agreement entered into between the employer and the works council, should the parties to the collective agreement authorize the parties to the agreement to do so."

        Remarks / comments: This right is not defined by the Act, but it can be extrapolated from the duties and rights of the commissioner for occupational health and safety because it's his/her duty protect the interests of the employees and monitor activities relating to occupational health and safety. It can be said that since the commissioner has the right to be present at inspections and to receive the employees’ complaints and communicate those complaints to the employer or authorized officer that the right to be present at interviews also exists.

        • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art 71(1,2 subparas [7,9], 71(3))

      • 8.4.4 Right to receive professional assistance from OSH experts

        Summary / Citation: 21(1) "Occupational health and safety tasks are in particular:
        1) technical assistance to the employer and his authorized employees, employees and employees' commissioners for occupational health and safety in the implementation and improvement of occupational health and safety."


        71(1) "The employees’ commissioner for occupational health and safety shall protect the interests of employees in terms of occupational health and safety and monitor the implementation of rules, measures, procedures and activities relating to occupational health and safety.
        71(2) The employees' commissioner for occupational health and safety shall be entitled to:
        1) submit proposals to the employer related to decision-making on occupational health and safety matters,
        2) request that the employer take appropriate measures with a view to reducing or eliminating risks,
        3) submit complaints to bodies competent for occupational health and safety,
        4) participate together with the employer in plans to improve working conditions, introduce new technologies, introduce new chemicals and biological hazards into work and production processes and encourage the employer and its authorized officers to implement occupational health and safety measures,
        5) be informed of any changes that affect or might affect occupational health and safety,
        6) have access to and use the employer’s documentation about occupational health and safety,
        7) receive employees’ complaints about the implementation of occupational health and safety rules and communicate those complaints to the employer or its authorized officer,
        8) inform the competent inspectors and a specialist in occupational medicine of their observations or those of the employees,
        9) be present at inspection visits and respond with respect to the facts established by a competent inspector,
        10) involve a competent inspector, should a commissioner find that the health and safety of employees have been endangered and if the employer fails or refuses to implement occupational health and safety measures,
        11) undergo training enabling him to perform the duties of employees' commissioner for occupational health and safety,
        12) continually broaden and improve his knowledge and monitor and collect information relevant to his activities,
        13) raise objections to inspection findings if appropriate,
        14) encourage employees, by his own conduct and activities, to implement occupational health and safety measures,
        15) inform employees of occupational health and safety measures which have been introduced.
        71(3) The collective agreement may regulate other issues related to the activities performed by the employees' commissioner for occupational health and safety, and these issues may also be regulated by an agreement entered into between the employer and the works council, should the parties to the collective agreement authorize the parties to the agreement to do so."

        Restrictions / obligations: 20(8) "The employees, occupational health and safety specialists, employees' commissioners for occupational health and safety and authorized persons shall cooperate in the implementation of occupational health and safety."

        Remarks / comments: This right is not defined by the Act, but it can be extrapolated from the duties and rights of the commissioner for occupational health and safety. The commissioner has the right to involve a competent inspector if he/she believes it to be necessary and the right to inform competent inspectors and the duty to continually broaden and improve his knowledge. They are also obliged to cooperate with each other.

        • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art 20(8), 21(1) subpara (1), 71)

      • 8.4.5 Right to accompany inspectors

        Summary / Citation: 71(2) The employees' commissioner for occupational health and safety shall be entitled to:
        9) be present at inspection visits and respond with respect to the facts established by a competent inspector,

        71(3) The collective agreement may regulate other issues related to the activities performed by the employees' commissioner for occupational health and safety, and these issues may also be regulated by an agreement entered into between the employer and the works council, should the parties to the collective agreement authorize the parties to the agreement to do so."

        Remarks / comments: The commissioner for occupational safety and health has the right to be present at inspections.

        • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art 71(2) subpara [9], 71(3))

      • 8.4.6 Right to use facilities

        Summary / Citation: 71(3) "The collective agreement may regulate other issues related to the activities performed by the employees' commissioner for occupational health and safety, and these issues may also be regulated by an agreement entered into between the employer and the works council, should the parties to the collective agreement authorize the parties to the agreement to do so."

        Restrictions / obligations: 72(1) "The employer shall ensure that the employees' commissioner for occupational health and safety has the necessary time and conditions for uninterrupted performance of his duties, shall provide all necessary information and access to all regulations and documents on occupational health and safety and shall not, because of his activities, and without the consent of the works council or that of trade union commissioner having the rights and obligations of the works’ council, terminate his employment, or in any other way place him at a disadvantage in comparison with his previous working conditions and other employees.
        72(2) The employer shall ensure that the employees' commissioner for occupational health and safety has the conditions for uninterrupted performance of his duties, in accordance with the labour law laying down the conditions for the work of works council."

        Remarks / comments: The employer has the obligation to provide adequate working conditions to the commissioner for occupational health and safety and from this it can be extrapolated that the right to use facilities exists, but not specifically mentioned in the Act.

        • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art 71(3), 72(1), (2))

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

        Summary / Citation: 71(3) "The collective agreement may regulate other issues related to the activities performed by the employees' commissioner for occupational health and safety, and these issues may also be regulated by an agreement entered into between the employer and the works council, should the parties to the collective agreement authorize the parties to the agreement to do so."

        Restrictions / obligations: 72(3) "The employees' commissioner for occupational health and safety shall be entitled to salary compensation for the performance of his duties, for no less than three hours per week, unless otherwise regulated in the collective agreement, and without the option to assign that right to another commissioner."

        Remarks / comments: The Act specifies that the employees’ commissioner for occupational health and safety has the right to have time off work with pay to perform his duties.

        • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art 71(3), 72(3))

      • 8.4.8 Right to issue remedial notices

        Summary / Citation: 71(2) "The employees' commissioner for occupational health and safety shall be entitled to:
        1) submit proposals to the employer related to decision-making on occupational health and safety matters,
        2) request that the employer take appropriate measures with a view to reducing or eliminating risks,
        3) submit complaints to bodies competent for occupational health and safety,
        8) inform the competent inspectors and a specialist in occupational medicine of their observations or those of the employees,
        10) involve a competent inspector, should a commissioner find that the health and safety of employees have been endangered and if the employer fails or refuses to implement occupational health and safety measures,
        14) encourage employees, by his own conduct and activities, to implement occupational health and safety measures,
        15) inform employees of occupational health and safety measures which have been introduced.
        71(3) The collective agreement may regulate other issues related to the activities performed by the employees' commissioner for occupational health and safety, and these issues may also be regulated by an agreement entered into between the employer and the works council, should the parties to the collective agreement authorize the parties to the agreement to do so."

        Remarks / comments: This right is not specifically defined in the Act, but the commissioner has the right to submit proposals to the employer, to request that he/she take appropriate measures in occupational health and safety and to submit complaints to competent bodies.

        A "remedial notice" defined as "written statutory direction that requires, by law, that a notice recipient undertake works or activities as detailed in the notice" is non-existent in the Croatian legal system because our legal system historically takes after the Austrian and German legal systems. Conclusively, it is very different from the English legal system where such remedial notices exist.

        • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art 71(2) subparas [1,2,3,8,10,14,15], (3))

      • 8.4.9 Right to resolve OSH issues in consultation with employers

        Restrictions / obligations: 20(8) "The employees, occupational health and safety specialists, employees' commissioners for occupational health and safety and authorized persons shall cooperate in the implementation of occupational health and safety."

        33(1) "The employer shall be required to, in advance and in a timely manner, consult with the employees' commissioner for occupational health and safety on:
        1) the employment of an occupational health and safety specialist and the tasks he shall perform,
        2) entrusting the implementation of occupational health and safety matters to the authorized person and on the tasks he shall perform,
        3) drafting the risk assessment and modifications, i.e. amendments to the risk assessment,
        4) the selection of the employees who shall provide first aid and the employees who shall implement measures for protection against fire, evacuation and rescue,
        5) safety and risks prevention at work and on prevention and reduction of risks,
        6) the prevention of accidents, injuries at work and occupational diseases,
        7) changes in the work process and technology,
        8) planning and conducting training in occupational health and safety,
        9) the improvement of working conditions and on planning and introducing new technologies,
        10) the impact of working conditions and working environment on the health and safety of employees,
        11) the choice of work equipment and personal protective equipment,
        12) the exposure of employees to monotonous work, work at a set pace, result-based work in a given period of time (normative work) and other exertions."

        Remarks / comments: The employees’ commissioner for occupational health and safety has the right to resolve OSH issues in consultation with employers because he/she has the right to participate together with the employer in the improvement of working conditions and the right to encourage the employer to implement occupational health and safety measures. They are also obliged by the Act to cooperate.

        • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art 20(8), 33)

      • 8.4.10 Right to direct that dangerous work cease

        No data available.

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

      No data available.

    • 8.6 Joint OSH Committee

      Summary / Citation: 34(1) "The employer employing 50 or more employees shall be obliged to set up an occupational health and safety committee (hereinafter: the Committee) as its advisory body for the improvement of occupational health and safety.
      34(2) Notwithstanding paragraph 1 of this Article, the employer employing fewer than 50 employees shall be obliged to set up a committee if it is prescribed by a special law or other regulation.
      34(3) The Committee consists of the employer or his authorized officer, occupational health and safety specialist performing tasks of occupational health and safety for the employer, occupational medicine specialist appointed in accordance with a special regulation and the employees' commissioner for occupational health and safety or their coordinator.
      34(4) The President of the Committee is the employer or his authorized officer.
      34(5) The employer shall issue a written decision on the appointment of the Committee members.
      34(6) For the purpose of solving specific issues of occupational health and safety, the employer shall include specialists on specific areas in the work of the Committee.
      34(7) The Committee shall meet at least once every three months and keep minutes about its work.
      34(8) Notwithstanding the provisions of paragraph 7, in the event of death, serious injury at the workplace, an identified case of occupational disease or in any case where a competent inspector has identified a failure in the implementation of occupational health and safety, the employer shall be obliged to convene a session within two working days after the occurrence of the injury.
      34(9) The employer shall notify the competent inspector about the Committee referred to in paragraph 8 of this Article, who may attend the session.
      34(10) If the employer fails to convene a session of the Committee within the time limits set out in paragraphs 7 and 8 of this Article, the employees’ commissioner for occupational health and safety or the coordinator of the commissioners, i.e. the works council or the trade union commissioner with the rights and obligations of the works council, may convene the session of the Committee."

      Remarks / comments: The Act provides the establishment of an OSH Committee, given that the employer has workforce that is large enough. There are two relevant provisions regarding this committee in the Act

      • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art 34)

      • 8.6.1 Participation of workers’ representatives in joint OSH committee

        Summary / Citation: 34(3) "The Committee consists of the employer or his authorized officer, occupational health and safety specialist performing tasks of occupational health and safety for the employer, occupational medicine specialist appointed in accordance with a special regulation and the employees' commissioner for occupational health and safety or their coordinator."

        Remarks / comments: In the joint OSH committee there are some workers’ representatives (the employees’ commissioner for occupational health and safety) participating according to the Act.

        • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art 34(3))

        Related CEACR Comments
        • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
        • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018

      • 8.6.2 Conditions for establishing a joint OSH committee

        Summary / Citation: 34(1) "The employer employing 50 or more employees shall be obliged to set up an occupational health and safety committee (hereinafter: the Committee) as its advisory body for the improvement of occupational health and safety.
        34(2) Notwithstanding paragraph 1 of this Article, the employer employing fewer than 50 employees shall be obliged to set up a committee if it is prescribed by a special law or other regulation."

        Remarks / comments: The main condition for establishing a joint OSH committee is the quantity of workforce with the exception of it being provided in a special act or other regulation.

        • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art 34 (1,2))

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

        Summary / Citation: 35(1) "For the purpose of continuous improvement of occupational health and safety the Committee shall plan and monitor:
        1) the application of occupational health and safety rules in the undertaking,
        2) the organization of the performance of occupational health and safety,
        3) information and training in relation to occupational health and safety,
        4) prevention of risks at work and in relation to work and its effects on health and safety of the employees.
        35(2) The tasks of the Committee referred to in paragraph 1 of this Article may be extended by the collective agreement or an agreement between the works council and the employer."

        Remarks / comments: The joint OSH committee plans and monitors the continuous improvement of occupational health and safety, but its tasks can be extended by the collective agreement or an agreement between the works council and the employer.

        • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art 35)

        Related CEACR Comments
        • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
        • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018

      • 8.6.4 Keeping record of the work of joint OSH committees

        Restrictions / obligations: 34(7) "The Committee shall meet at least once every three months and keep minutes about its work."

        Remarks / comments: The OSH Act provides the obligation to meet regularly and keep the minutes of work, but it does not go beyond that to specify in more details.

        • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art 34(7))

      • 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)

      Summary / Citation: 21(1)" Occupational health and safety tasks are in particular:
      7) training of employees, employers and authorized officers for work in a safe manner,
      8) training of employees' occupational health and safety commissioners and assistance in their activities."

      22(2) "The employer shall be obliged to provide professional health and safety training to the health and safety specialist and bear the cost of that training."

      29 "The employer or his authorized officer shall be educated and professionally trained in the field of occupational health and safety in accordance with risk assessment."

      71(2) "The employees' commissioner for occupational health and safety shall be entitled to:
      11) undergo training enabling him to perform the duties of employees' commissioner for occupational health and safety."

      Remarks / comments: The Act has provisions for training of the members of the OSH Committee and it also defines this training as pertaining to the definitions of occupational health and safety tasks. It is necessary to also mention that the Ministry of Labour and Pension System has provided an Ordinance on Occupational Health and Safety Training and Taking of Professional Examinations.

      • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art 21(1) subparas (7,8), 22(2), 29, 71(2) subpara (11))

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018

    • 8.8 Protection against reprisals

      Summary / Citation: 69(1) "The employee shall cooperate with the employer, its authorized officer, occupational health and safety specialist, employees' commissioner for occupational health and safety and specialist in occupational medicine in order to resolve all matters concerning occupational health and safety, in particular for as long as necessary to ensure that the working environment and working conditions pose no risk to safety and health and until occupational health and safety measures entirely comply with the requirements set out by the bodies competent for supervision of occupational health and safety.
      69(2) The employee shall not bear the costs of implementing occupational health and safety rules and health protection measures.
      69(3) The employee shall immediately notify the employer, its authorized officer, occupational health and safety specialist or employees' commissioner for occupational health and safety of any issue believed to be posing an immediate risk to health and safety, as well as of any other shortcomings identified in the occupational health and safety system.
      69(4) The employee shall have the right to refuse work and leave the workplace if faced with an immediate risk to his life and health, until such time as the employer takes remedial measures, and shall not be placed at a disadvantage because of his actions.
      69(5) The employer shall not require employees to remain at his workplace as long as there exists an immediate and serious risk to the life and health of employees.
      69(6) The employee shall notify the employer, its authorized officer, occupational health and safety specialist or employees' commissioner for occupational health and safety of the procedure referred to in paragraph 4 of this Article.
      69(7) In the case referred to in paragraph 4, the employer, its authorized officer or employee or commissioner for occupational health and safety shall without delay notify the competent inspector who shall, within 48 hours, establish the facts and merits of the claims put forward by the employees.
      69(8) For the period during which the employee does not perform his duties so as to avoid exposure to immediate and serious risk to his life and health, the employee shall be entitled to salary and other rights arising from employment in accordance with labour law."

      Restrictions / obligations: 117(1) "Temporary absence from work due to illness or injury shall not constitute a just cause for terminating the employment contract.
      117(2) An appeal or civil action, or participation in a proceeding against the employer due to violation of laws, regulations or administrative provisions, collective agreement or working regulations, or the worker's approach to the competent state authorities shall not constitute a just cause for terminating the employment contract.
      117(3) The worker's approach to the competent persons or state authorities on the grounds of reasonable suspicion of corruption or his report in good faith on the said suspicion shall not constitute a just cause for terminating the employment contract."

      Remarks / comments: The OSH Act doesn’t provide protection against reprisals per se, but due to the lex generalis – lex specialis nature between the Labour Act and the OSH Act, wherever the OSH Act lacks in provisions, the Labour Act provisions apply in order to fill the void.

      • Labour Code of 18 July 2014 (Text No. 1872). (Art 117)

      • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art 69)

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018

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

      Summary / Citation: 18(4) "Omissions in the procedure of risk assessment (e.g. failure to perceive the likelihood of occurrence of hazardous or harmful event at work or in relation to work, incorrect assessment of harmfulness of the event, i.e. underestimation of its harmful effects, etc.) do not absolve the employer from obligations and liabilities in relation to occupational health and safety."

      19(1) "The employer shall be responsible for the organization and implementation of occupational health and safety of employees in all segments of the organization of work and in all work processes.
      19(4) The transfer of authority for the implementation of occupational health and safety does not absolve the employer from liability."

      25(1) "Injury at work and occupational disease suffered by an employee performing duties in the undertaking shall be considered to have originated from work and the employer shall be liable for it according to the principle of objective liability.
      25(2) The employer may be exonerated from liability or his liability may be limited if the damage occurred is due to force majeure, or intentional or gross negligence of the employee or a third party where the employer could not have influenced or avoided the consequences, in spite of the implemented occupational health and safety."

      26(1) "The authorized person referred to in Article 82 of this Law shall be liable for damage at work and in relation to work which he causes to the employer, i.e. to the employee by performing tasks of occupational health and safety, if he does not act in compliance with the provisions of this Act and other regulations.
      26(2) For the purpose of determining the liability referred to in paragraph 1 of this Article general provisions of the law of obligations shall be applied."

      77(4) "The appointment of a coordinator shall not relieve designers, contractors and other persons on the construction site, or parties concerned in the construction, of their responsibilities for the implementation of occupational health and safety measures."

      Restrictions / obligations: 82(1) "Employer’s occupational health and safety matters shall be carried out by authorized persons.
      82(2) A person authorized to manage occupational health and safety matters shall deal with those matters in accordance with the provisions of this Act and other regulations on occupational health and safety.
      82(4) The investor, building owner, concessionaire or other person for whom a main project is being designed must appoint one or more coordinators for occupational health and safety matters during the project design and project execution stages in cases when the works are carried out or are scheduled to be carried out by two or more contractors.
      82(6) The appointment of coordinators for health and safety matters shall not relieve the persons referred to in paragraph 4 of this Article, or the parties concerned in the construction, of the responsibility for the implementation of safety measures on the work site."

      Remarks / comments: The Act does not define civil or criminal liability for persons exercising their OSH related rights and duties, but it does define the employer’s responsibilities and through that it can be said that since the employer is responsible, others are not, except in cases where the employer can be absolved from liability for OSH duties. Article 82 defines the authorised person as one tasked to manage occupational health and safety tasks by the employer.

      • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art 18(4), 19(1,4), 25(1,2), 26(1,2), 77(4), 82(1,2,4,6))

      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018

  • 9 Specific hazards or risks

  • 10 Recording, notification and investigation of accidents/incidents and diseases

    • 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: The employer shall keep records and documents and provide information and notifications in accordance with this Act and other occupational health and safety regulations.

        Remarks / comments: Act concerning mandatory health insurance, Article 66: Occupational accident is an injury caused by direct and short mechanical, physical or chemical act and injury caused by sudden changes in the position of a body and other similar changes of the physical condition of a body that is connected with a work.

        Related CEACR Comments
        • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
        • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018

      • 10.1.2 Near miss incidents

        Summary / Citation: The employer shall keep records of near miss incidents, i.e. unexpected and undesirable events at work or in relation to work without an injury to the employee, but if repeated in minimally altered subjective or objective circumstances injury could be caused.

        Remarks / comments: Explanation of near miss incident is given in Article 3(7) of The Occupational Health and Safety Act
        s an unexpected and undesirable event at work or in relation to work without an injury to the employee, but if repeated in minimally altered subjective or objective circumstances injury could be caused.

        • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art.61)

      • 10.1.3 Occupational diseases

        Summary / Citation: "(1) The employer shall keep records and documents and provide information and notifications in accordance with this Act and other occupational health and safety regulations .
        (2) In addition to the records referred to in paragraph 1 of this Article, the employer shall keep records of injuries at work, occupational diseases and occupational accidents.
        (3) The employer shall provide notifications and information in such a manner so as to protect the employees’ privacy in accordance with special provisions on personal data protection."

        • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art.61)

        Related CEACR Comments
        • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
        • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018

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

      Summary / Citation: (1) The employer shall notify the body competent for inspection of a fatal and serious injury which has taken place in any premises or area where the employer carries out its activities.
      (2) The notification referred to in paragraph 1 of this Article shall be submitted by the employer immediately after the injury has occurred.

      • Act of 5 June 2014 on Occupational Safety (Text No. 1334). (Art.65)

      Related CEACR Comments
      • Labour Inspection Convention, 1947 (No. 81) Observation 2015
      • Labour Inspection Convention, 1947 (No. 81) Direct Request 2018
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018

  • 11 OSH inspection and enforcement of OSH legislation

References

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