North Macedonia - 2013

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

  • 2.2.1.1 Migrant workers

    Summary/citation: Migrant fall within definition of employee.

    • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section I)

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    

  • 2.2.1.2 Domestic workers

    Summary/citation: Domestic workers fall within definition of employee.

    • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section I)

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    

  • 2.2.1.3 Home workers

    Summary/citation: Home workers fall within definition of employee.

    • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section I)

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    • Home Work Convention, 1996 (No. 177) Direct Request 2020
    

  • 2.2.1.4 Self-employed persons

    Summary/citation: Self-employees fall within definition of employee.

    • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section I)

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

• 2.4.1 Agriculture

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 2.4.2 Construction

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 2.4.3 Services

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 2.4.4 Public sector

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Direct Request 2020
  

• 2.4.5 Other

  No data available.
  

2.6 Definition of occupational disease

• 2.6.1 List of occupational diseases

  Summary/citation: List of occupational diseases is endorsed by the Minister of Health trough separate Regulation.

  • Regulations of 8 December 2004 on the list of occupational diseases (Text No. 1651).

• 2.6.2 Mechanism for compensating other diseases as occupational ones

  No.
  

3.1 Competent national authority for safety and health at work

• 3.1.1 Objectives, roles and/or functions

  Summary/citation: The State Labour Inspectorate identifies violations of OSH law and regulations, collective agreements or employment contracts that define the rights and obligations in the area of occupational safety and health and have the power to issue orders to request the elimination of irregularities within a set period of time.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section VII)

  • Labour Inspection Act of 16 July 1997 (Text No. 704).

• 3.1.2 Chairperson and composition

  Remarks / comments: The State Labour Inspectorate is placed within the Ministry of Labour and Social Policy and is governed by a Director, a politically assigned person. The inspectorate is composed by two sectors: the Sector of Occupational Safety and Health and the Sector of Labour Relations.
  The Occupational Safety and Health Sector is composed by two units: the Legislative Unit, responsible for drafting laws and regulations, and the OSH Inspection Department responsible for inspections.
  

3.2 National OSH research programme or institute

• 3.2.1 Objectives, roles and/or functions

  No data available.
  

• 3.2.2 Governance board constitution and chairmanship

  No data available.
  

• 3.2.3 Source of funding

  No data available.
  

3.3 National OSH programme

• 3.3.1 Consultation on the national OSH programme

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

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

  Summary / Citation: A list of hazards is provided in the Regulation.

  • Règlement sur le type, les modalités et le nombre des examens médicaux des employés.

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: The employer has to ensure arrangements for first aid for employees. These are duties of the authorised medical institution the employer is under the obligation to sign a contract with. This organization is under a duty to organize and provide first aid to the employees in case of workplace injury or collective accident.
  When there are up to 20 persons working in the same workplace or premises, at least one of them must be a trained employee able to provide first aid. If there are more than 20 persons working in the same premises, at least two employees must be trained.
  

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section II)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 4.8.2 Sanitary installations

  Summary / Citation: The employer has the obligation to provide the working space with minimum safety and health conditions, including dormitories when the working process requires it.

  Restrictions / obligations: This is not aplicable to work in offices

  • Règlement du 28 novembre 2008 sur les prescriptions minimales de sécurité et de santé au travail dans les espaces de travail. (Annex 1)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 4.8.3 Drinking water

  Summary / Citation: This issue is subject of other legal regulations and is not direct obligation of the employer.

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 4.8.4 Rest and eating areas

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

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 obligated to plan measures and means for development and progress of occupational safety and health and shall change the existing technological processes with less hazardous i.e. safer processes.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section II)

• 5.1.2 Appointment of a person for health and safety

  Summary/citation: An employer can delegate the responsibilities and activities related to occupational safety and health to authorised legal entities and natural persons if the employer is not in a position or if there are neither employed professionals nor technical equipment available to perform such activities and duties independently.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section II)

• 5.1.3 Written risk assessment

  Summary/citation: Each employer must prepare and implement a safety statement for each working position, stating the precise manner and measures that need to be undertaken. A safety statement shall be based on the identification of the hazard, risk assessment of the occupational safety and health and the working environment that this safety statement refers to.
  The manner of preparation of a safety statement, its contents and data on which the risk assessment should be based shall be prescribed by the Minister for Labour and Social Policy with the consent of the Minister of Health.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section II)

• 5.1.4 Safe operating work systems and procedures

  Summary/citation: The employer must ensure occupational safety and health measures especially by:
  - appointing one or several safety officers;
  - engaging an authorised medical institution that shall perform professional tasks related to health at work;
  - taking safety measures to protect against fire in accordance with specific
  regulations;
  - taking first aid measures and evacuation measures in the event of danger;
  - providing training for employees on safe performance of their work, based on an individual programme;
  - providing personal protective equipment for the employees and its usage, if the safety measures undertaken in the working environment do not suffice;
  - undertaking occasional inspections and examinations of the working environment and equipment, and
  - monitoring the health condition of the employees.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section II)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 5.1.5 Training and information on risks

  Summary/citation: The employer must inform the employees and their representatives on every type of risk at the workplace, as well as on the safety measures necessary to control the risks and eliminate the harmful consequences. The employer must inform the part-time employees, young employees, elderly employees in accordance with the Law on Labour Relations as well as those with diminished working capacity as to the results of a the risk assessment and measures undertaken by the employer in order to safe-guard their occupational safety and health. It is the legal obligation of the employer to deliver general and specific safety and health training to all workers engaged in the working process.

  The employer is under the obligation to inform the employees on safe working practices through written notices and instructions. In exceptional cases, when there is an imminent danger to the health and life of the employees, such notices and instructions may be given orally and they must state all measures relating to safety at work which have been undertaken.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section III)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 5.1.6 Review or assessment of the results of preventive measures

  Summary/citation: Through the Safety Officer the Employer takes the action to:
  - perform regular controls and inspections of the chemical, physical and
  biological risks in the working environment;
  - perform regular controls and testing of the working equipment;
  - perform internal supervision of the implementation of the measures for safe working practices;
  - develop instructions for safe working practices;
  - monitor and analysing the work-related injuries, occupational diseases, identification of the reasons thereof, and preparing reports for the employer, together with all proposed safety measures, and
  - develop a programme and carrying out training for the employees for safe
  working practices.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section II)

• 5.1.7 Consultation with workers in health and safety

  Summary/citation: The employer must allow the employees and their representatives to participate in the discussion on all issues pertaining to occupational safety and health pursuant to this Law and other regulations that have been passed relating to occupational safety and health.
  The employer must consult with the staff union or the council of employees on all measures that could affect the occupational safety and health, as well as on appointment of a safety officer or authorised legal or medical person, appointment of an authorised medical institution, safety statement, planning and organisation of training and information to be provided to the employees.
  

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section III)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

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: An employer can delegate the responsibilities and activities related to occupational safety and health, laid down in this Law, to authorised legal entities and natural persons if the employer is not in a position or if there are neither employed professionals nor technical equipment available to perform such activities and duties independently.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section II)

  Related CEACR Comments
  • Occupational Health Services Convention, 1985 (No. 161) Direct Request 2021
  

  • 6.1.1.1 Qualifications of experts or professional services

    Summary / Citation: The Minister of Labour and Social Policy lays down in a Rulebook the personnel, organisational, technical and other requirements that the legal entity or natural person must fulfil in order to obtain the licence.

    • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section VI)

    • Règlement du 8 novembre 2007 sur les exigences, la procédure et le programme pour entreprendre un examen spécial sur la sécurité au travail.

    Related CEACR Comments
    • Occupational Health Services Convention, 1985 (No. 161) Direct Request 2021
    

6.2 Appointment of an OSH practitioner

• 6.2.1 Workforce size threshold for the appointment of OSH practitioners

  Summary/citation: The employer determines the number of safety officers, type and the level of their professional education, in accordance with:
  - the organisation,
  - the nature and the scope of the working process,
  - the number of employees involved in the working process,
  - the number of work shifts, and
  - the number of specific working units

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section II)

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

  No data available.
  

8.1 National OSH committee, commission, council or similar body

• 8.1.1 Objectives, roles and/or functions

  Summary / Citation: The Council review and give opinions and recommendations concerning:
  - the programme;
  - the state of affairs in the field of occupational safety and health, the strategy for coherent policy for preventing and reducing workplace injuries, occupational and other work-related diseases and injures;
  - the expert grounds for drafting laws and other provisions on occupational safety and health; and
  - the documents of international organisations referring to occupational safety and health.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section V)

• 8.1.2 Constitution and chairmanship modalities

  Summary / Citation: The Occupational Safety and Health law gives direct obligation to the Government of Republic of Macedonia to establish the Occupational Safety and Health Council. This Council is comprised of 15 members, of which 4 members are from representative organisations of employers, 4 members are from trade unions, 3 members are nominated by the Government of the Republic of Macedonia, 1 member is a representative from the faculty and performs education activity in the area of safety at work, 1 member is a representative from the faculty and performs education activity in the area of occupational medicine, 1 member is a representative of the association of safety officers and 1 member is a representative from the association of occupational medicine experts.
  When appointing the Council members, the principle of fair and equitable representation of all communities in the Republic of Macedonia is taken into consideration without violating the principle of expertise and competence.
  

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section V)

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: "The number of representatives depend on the number of employees, and this number cannot be lower than the following:
  1) one representative for workplaces with 10-100 employees;
  2) two representatives for workplaces with 101 to 500 employees, and
  3) three representatives for workplaces with more than 501 employees;
  In the working areas where there is a risk to occupational safety and health of the employees, a representative shall be elected regardless of the number of employees."

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section III)

• 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 employees’ representatives are entitled to visit the workplaces in order to perceive the conditions for safety at work.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section III)

• 8.4.2 Right to access OSH information

  Summary / Citation: Representatives can request information from the employer and have access to the safety statements and reports which must be provided by the employer and other documents related to the planning and regulation of occupational safety and health.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section III)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 8.4.3 Right to be present at interviews

  No data available.
  

• 8.4.4 Right to receive professional assistance from OSH experts

  No data available.
  

• 8.4.5 Right to accompany inspectors

  Summary / Citation: OSH representatives can inform the labour inspection for their mediation, right to be present and accompany inspectors during the inspection, to state their opinion and to have access to the minutes submitted by the Inspector.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section III)

• 8.4.6 Right to use facilities

  Summary / Citation: The employer must ensure smooth execution of the functions of the representatives by providing sufficient time and necessary means.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section III)

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

  Summary / Citation: The employer must ensure smooth execution of the functions of the representatives by providing sufficient time and necessary means. This provision shall be implemented through an internal regulation issued by the employer.

  Remarks / comments: The amount of time provided to workers' representatives for carrying out OSH functions is determined by the employer.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section III)

• 8.4.8 Right to issue remedial notices

  Summary / Citation: Workers OSH representatives can actively participate in discussions with the employer and provide notices related to OSH.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section III)

• 8.4.9 Right to resolve OSH issues in consultation with employers

  Summary / Citation: OSH representatives can exercise the right to resolve OSH issues with the employer about the needs and the problems regarding occupational safety at the workplace.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section III)

• 8.4.10 Right to direct that dangerous work cease

  Summary / Citation: Workers have the right to stop or refuse to work where imminent danger is present. This is also an obligation of the employer if he/she finds out that such danger is present at the workplace.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section III)

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: OSH representatives of workers can visit the workplaces in order to check the conditions for safety at work.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section III)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 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.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 8.5.4 Right to advise workers

  No data available.
  

• 8.5.5 Right to initiate enforcement action

  No data available.
  

8.6 Joint OSH Committee

• 8.6.1 Participation of workers’ representatives in joint OSH committee

  Summary / Citation: No OSH committee is required by law.

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 8.6.2 Conditions for establishing a joint OSH committee

  Summary / Citation: No OSH committee is required by law.

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

  Summary / Citation: No OSH committee is required by law.

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 8.6.4 Keeping record of the work of joint OSH committees

  Summary / Citation: No OSH committee is required by law.

• 8.6.5 Sharing the minutes of joint OSH committees meetings

  Summary / Citation: No OSH committee is required by law.

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

  Remarks / comments: Annexes 2 and 3 of the Regulation will enter into force on the 31st December 2013.

  • Règlement du 20 février 2010 sur les exigences minimales pour la sécurité et la santé des travailleurs concernant les risques liés à l'exposition à des agents chimiques au travail.

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  • Benzene Convention, 1971 (No. 136) Direct Request 2021
  

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

  Summary / Citation: Chemical safety is regulated by a specific law, issued by the Ministry of Health. The law features the following aspects:
  • Chemical classification and labelling of substances and compounds;
  • Notification of new substances;
  • Material safety data sheets;
  • Limitation and restrictions of chemical usage and placement onto the market;
  • Register of chemicals;
  • Production of chemicals;
  • Trade of chemicals;
  • Import and export of certain dangerous chemicals;
  • Permits for trade and permits for usage of extremely dangerous chemicals ;
  • Biocides;
  • Detergents;
  • Chemical safety;
  • Protection of health of people and living environment.
  Furthermore, detailed provisions regarding the occupational safety and health of workers exposed to chemical substances are contained in the implementing regulation.

  • Règlement du 20 février 2010 sur les exigences minimales pour la sécurité et la santé des travailleurs concernant les risques liés à l'exposition à des agents chimiques au travail.

  • Décret du 6 septembre 2007 portant approbation de la loi sur les produits chimiques.

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  • Benzene Convention, 1971 (No. 136) Direct Request 2021
  

• 9.2.3 Pesticides

  No data available.
  

9.3 Ergonomic hazards

9.4 Physical hazards

• 9.4.1 Ionising radiation

  Yes.
  

  • Loi du 27 juin 2002 sur la protection contre les rayonnements ionisants et contre les radiations.

• 9.4.2 Vibration and noise

  Yes.
  

  • Règlement du 24 janvier 2008 sur la sécurité et la santé de travail des travailleurs exposés aux risques dus à une exposition au bruit.

  • Règlement du 15 février 2008 sur la sécurité et santé de travail des travailleurs exposés aux vibrations mécaniques.

  Related CEACR Comments
  • Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) Direct Request 2021
  

• 9.4.3 Working at height

  Yes.
  

  • Règlement du 30 mai 2008 sur les prescriptions minimales de sécurité et de santé à mettre en oeuvre sur les chantiers temporaires ou mobiles. (Annex 3, part B, sector 2, point 5)

  • Règlement de 2007 sur les équipements de protection individuelle utilisés par les travailleurs en cours de travail. (Annex 2, point 4)

• 9.4.4 Working in confined spaces

  Yes.
  

  • Règlement du 30 mai 2008 sur les prescriptions minimales de sécurité et de santé à mettre en oeuvre sur les chantiers temporaires ou mobiles. (A.6)

• 9.4.5 Risks arising from poor maintenance of workplace facilities

  Yes.
  

  • Règlement du 30 mai 2008 sur les prescriptions minimales de sécurité et de santé à mettre en oeuvre sur les chantiers temporaires ou mobiles. (B.2.9)

• 9.4.6 Exposure to extreme temperatures

  Yes.
  

  • Règlement du 30 mai 2008 sur les prescriptions minimales de sécurité et de santé à mettre en oeuvre sur les chantiers temporaires ou mobiles. (Annex 3, part A.7)

• 9.4.7 Fire risks

  Yes.
  

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section III)

• 9.4.8 Tobacco

  Summary / Citation: Smoking in closed spaces (work, offices, restaurants, theatres etc) is prohibited by law.

  • Décret du 19 juillet 1995 portant approbation de la loi sur la protection contre le tabagisme.

• 9.4.9 Asbestos

  Yes.
  

  • Règlement du 2 avril 2009 sur les prescriptions minimales de sécurité et santé aux travailleurs exposés à l'amiante.

  Related CEACR Comments
  • Asbestos Convention, 1986 (No. 162) Direct Request 2021
  

• 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: The employer is under the obligation to take into consideration psychosocial risks while assessing the occupational risks. Such obligation arises from the regulation which defines how to perform the risk assessment, as well from the newest Law on protection from harassment at the workplace.

  • Décret du 29 mai de 2013 approuvant la loi sur la prévention du harcèlement au travail.

  • Règlement de 2009 sur l'élaboration de la déclaration de sécurité, son contenu ainsi que les données sur lesquelles se base l'évaluation du risque.

• 9.5.2 Occupational violence

  Yes.
  

  • Décret du 29 mai de 2013 approuvant la loi sur la prévention du harcèlement au travail.

9.6 Other hazardous substances

9.7 Machineries

• 9.7.1 Risks related to machinery and tools

  Yes.
  

  • Règlement de 2007 sur les équipements de protection individuelle utilisés par les travailleurs en cours de travail.

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2021
  

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

  Summary / Citation: All safety and health measures and norms must be observed during the design and manufacturing process of the machinery.

  • Règlement du 4 septembre 2009 sur la sécurité des machines. (Annex 1)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2021
  

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

  Summary / Citation: Information on the operating procedures and the safe and healthy manipulation of the machinery must be provided.

  • Règlement du 4 septembre 2009 sur la sécurité des machines. (Annex 1)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2021
  

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

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2021
  

• 9.7.5 Maintenance of machinery and equipment

  Summary / Citation: The employer is under the duty to keep the working equipment in order and check
  its functioning and safety by periodical testing and examinations, conducted in a manner and within deadlines provided for in the regulation issued by the employer i.e. the manufacturer’s manual, technical regulations and standards.
  If the manual of the manufacturer and the rest of regulations do not provide for other deadlines, the employer is under the obligation to check and examine the working equipment:
  - before the first use;
  - after reconstruction or damage; and
  - after transfer from one place to another (e.g. crane etc.).
  

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section III)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

  • 9.7.5.1 List of equipment where applicable

    No data available.
    

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    

9.8 Provisions to protect workers in specific condition of vulnerability

• 9.8.1 Protection of pregnancy at work

  Summary / Citation: The employer have to perform the risk assessment and identify the negative impact of the working environment on the health of pregnant workers, and have to determine the preventive and corrective measures that must be taken and inform pregnant workers and its representatives.

  • Règlement sur les exigences minimales de sécurité et santé au travail des travailleuses enceintes, accouchées ou allaitantes.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section II)

  Related CEACR Comments
  • Maternity Protection Convention, 2000 (No. 183) Direct Request 2021
  • Benzene Convention, 1971 (No. 136) Direct Request 2021
  

• 9.8.2 Protection of lactating women at work

  Summary / Citation: If there is a risk to the health of the infant that cannot be eliminated and if the adjustment of her working conditions and/or working hours is not technically and/or objectively feasible or cannot reasonably be required on duly substantiated grounds, the employer shall take the necessary measures to move the worker concerned to another job position. If transferring her to another job is not technically and/or objectively feasible or cannot reasonably be required on duly substantiated grounds, the worker concerned shall be granted leave for the whole period necessary to protect her safety or health.

  • Règlement sur les exigences minimales de sécurité et santé au travail des travailleuses enceintes, accouchées ou allaitantes.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section II)

  Related CEACR Comments
  • Maternity Protection Convention, 2000 (No. 183) Direct Request 2021
  • Benzene Convention, 1971 (No. 136) Direct Request 2021
  

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

  Summary / Citation: Generally all occupations in Macedonia are subject to equal opportunities, but there are certain specific situations when women are limited to conduct certain work activities. Civil construction night works and working in mines can be done by women only with special permits or if they are on managerial positions or employed by a medical institution.

  • Règlement sur les exigences minimales de sécurité et santé au travail des travailleuses enceintes, accouchées ou allaitantes.

  • Labour Relations Act of 22 July 2005 (Text No. 910). (Section XII)

  Related CEACR Comments
  • Underground Work (Women) Convention, 1935 (No. 45) Direct Request 2009
  

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

  Summary / Citation: Protection of workers under the age of 18 years is addressed by several legal acts. Heavy physical works, work under ground and under water, work with ionising radiation sources and other works that can harm workers' health, both physical and psychosocial, are prohibited. It is forbidden to engage workers under the age of 15 years.

  • Regulation on Minimum Occupational Safety and Health Requirements for Work of Young Persons, 2012 (Text No. 3112).

  • Labour Relations Act of 22 July 2005 (Text No. 910). (Section XIII)

  Related CEACR Comments
  • Minimum Age Convention, 1973 (No. 138) Observation 2013
  • Minimum Age Convention, 1973 (No. 138) Direct Request 2017
  

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 must keep records of workplace injuries and cases of death at work.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section III)

  • Règlement du 7 novembre 2007 sur la procédure de tenue des registres dans le domaine de la sécurité et la santé au travail.

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 10.1.2 Near miss incidents

  No data available.
  

• 10.1.3 Occupational diseases

  Summary / Citation: The employer must keep records of work related occupational diseases and illnesses.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section III; Subsection 6)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

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 inspectors are empowered to enter at any time of the day the employer’s premises, without previous announcement.

  Restrictions / obligations: The inspector has to inform the employer about his/her presence in the premises.

  • Labour Inspection Act of 16 July 1997 (Text No. 704).

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2021
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

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

  Summary / Citation: The inspectors are empowered to inspect the workplaces and gather evidence (such as taking needed documentation, making needed interviews, ask for idetification documents of the people at the workplace, etc.)

  Restrictions / obligations: Documents taken as evidence must be returned within 8 days.

  • Labour Inspection Act of 16 July 1997 (Text No. 704).

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2021
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

• 11.2.3 Power to investigate

  No data available.
  

• 11.2.4 Duty to provide advice on OSH

  Summary / Citation: The inspector has to produce inspection minutes where a law violation is clearly noted, and if needed, invite the employer to attend OSH education.

  Restrictions / obligations: Only in cases where there is no immidiate safety and health danger.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191).

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2021
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

11.3 OSH inspectors’ enforcement powers

• 11.3.1 Power to issue orders or notices

  Summary / Citation: When the labour inspector notes the violation of the OSH law or any other OSH regulation, collective agreement or employment contract that define the rights and obligations in the field of occupational safety and health, the inspector shall order the elimination of irregularities and flaws, which have been noted, within a specific deadline.

  Restrictions / obligations: This is only applicable when no accident happened and where no imminent threat is present at the workplace.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section VII)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2021
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

• 11.3.2 Power to impose financial penalties

  Summary / Citation: The inspector has power to impose a fine of the amount of 65 USD in counter-value in Denar to the employee who fails to comply with the prescribed occupational health and safety measures and fails to use the prescribed personal safety equipment.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section VIII)

• 11.3.3 Power to revoke or suspend licenses or authorisations

  Summary / Citation: The inspectors do not have power to revoke or suspend licences. However they are entitled to start a procedure for licenses to be revoked by the Minister of Labor and Social Policy.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section VI)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2021
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

• 11.3.4 Power to require the cessation of dangerous work

  Summary / Citation: If the labour inspector, in the course of inspection, finds that the employees’ occupational safety and health is imminently endangered, the inspector shall prohibit the entire operation, or parts of it, ban the use of the working equipment and specific parts of the plants or the entire technological process.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section VII)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2021
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

• 11.3.5 Power to initiate prosecutions

  Summary / Citation: If the breach of the legislation is a violation of a criminal act, the inspector has the obligation to initiate prosecution before the competent authority.

  • Labour Inspection Act of 16 July 1997 (Text No. 704).

• 11.3.6 Power to conduct prosecutions

  No data available.
  

• 11.3.7 Other enforcement powers

  Summary / Citation: If the employer fails to act upon the decision of the labour inspector within the prescribed deadline and does not eliminate the determined irregularities, the labour inspector shall ban the operations of the employer.

  • Criminal Code of 1996. (Chapter XXVI)

11.4 Application of sanctions by courts

• 11.4.1 Financial penalties for legal persons

  Summary / Citation: Minimum penalty for companies is 1301 USD and maximum is 10409 USD in counter-value in Macedonian Denars.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section VIII)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 11.4.2 Financial penalties for natural persons

  Summary / Citation: Minimum penalty for individuals is 390 USD and maximum is 6506 USD in counter-value in Macedonian Denars.

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section VIII)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 11.4.3 Non-financial sanctions

  Summary / Citation: If the noted violation of the occupational safety and health laws represents a drawback and there is a need of special investment for its removal, and if there is not an immediate risk to the life and health of the employees, the labour inspector may issue an order requiring the employer to draft a special programme for gradual alignment of the existing conditions with the OSH laws.
  

  • Act of 6 July 2007 on occupational safety and health (Text No. 1191). (Section VII)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 11.4.4 Criminal liability

  Summary / Citation: The person who intentionally violates occupational safety and health legislation or alter personal protective equipment or machinery will be penalized according to the Criminal Law. Penalties vary according to the facts.

  • Criminal Code of 1996. (Chapter 17)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 11.4.5 Terms of imprisonment for natural persons

  Summary / Citation: The person responsible for causing general hazard, hazard during construction and damaging protective equipment shall be imprisoned for up to 5 years.
  

  • Criminal Code of 1996. (Chapter 17)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021