The Albanian legal system concerning health and safety is primarily based on the Albanian Constitution, the Law on Health and Safety at Work (Law No. 10237, dated 18.02.2010), and the Labor Code of the Republic of Albania (Law No. 7961, dated 12.07.1995, as amended). These laws lay out employer and employee rights and responsibilities, including provisions on working conditions and prevention measures.

Employers' Responsibilities

Employers in Albania have extensive responsibilities to ensure health and safety. They are mandated to conduct comprehensive risk assessments across all work activities and implement appropriate preventive measures to control hazards. Employers must provide workers with clear information and training on safe work practices and the use of safety equipment. They must also provide suitable Personal Protective Equipment (PPE) at no cost to workers and ensure its proper use. Where specific risks are identified, like exposure to hazardous substances, employers must arrange for health surveillance. In workplaces with more than 50 employees, a Safety and Health Committee with worker representation is required.

Employees' Rights

Albanian workers have certain rights regarding health and safety at work. They can refuse work they believe poses an imminent and serious danger to their health. Employees and their representatives have the right to participate in health and safety matters through Safety and Health Committees or safety representatives. Workers can access information about workplace risks and receive training on safe working procedures. They also have the right to health surveillance where workplace risks warrant it.

Enforcement and Compliance

The State Labor Inspectorate is the primary enforcement body for health and safety legislation in Albania. Inspectors can conduct inspections, issue improvement notices, and impose penalties for non-compliance.

Specific Health and Safety Topics

Albanian health and safety laws cover a range of specific areas. Employers must implement control measures and provide appropriate PPE when working with harmful substances. Regulations cover the safe use and guarding of machinery. Specific regulations address hazards on construction sites. Provisions outline fire prevention, emergency planning, and evacuation procedures. Employers must also provide adequate first aid facilities and trained personnel.

Ongoing Developments

Albania continues to align its health and safety legislation with European Union standards. This process aims to improve the consistency and effectiveness of health and safety regulations throughout the country.

Occupational health and safety (OSH) is a fundamental right to work in safe and healthy conditions, as established by the Constitution of the Republic of Albania. The Labor Code of the Republic of Albania is the primary legislation governing OSH, setting out the rights and responsibilities of employers and employees in ensuring a safe workplace. Albania has also ratified several International Labour Organization (ILO) conventions relevant to OSH.

Key Regulatory Bodies

The Ministry of Health and Social Protection is responsible for overall OSH policy development and oversight. The State Labour Inspectorate (SLI) is the primary enforcement agency for OSH regulations, conducting inspections, investigating accidents, and issuing sanctions for non-compliance. The Institute of Public Health (IPH) provides technical support and research on occupational health issues.

Employer Responsibilities

Employers have several responsibilities under OSH regulations. They must conduct comprehensive risk assessments to identify and mitigate workplace hazards, develop and implement safe work procedures and systems across all operations, and provide appropriate Personal Protective Equipment (PPE) to workers free of charge. Employers must also provide workers with adequate OSH training and information relevant to their tasks, report all workplace accidents and illnesses, and establish mechanisms for worker consultation and participation in OSH matters.

Employee Rights

Employees have the right to know about workplace hazards and the measures in place to protect them. They have the right to refuse dangerous work without penalty and to participate in OSH decision-making through safety committees or worker representatives. Employees in certain high-risk jobs have the right to regular health examinations.

Specific OSH Areas

Albanian OSH regulations address a range of specific hazards, including chemical safety, machine safety, electrical safety, fire safety, and ergonomics. Regulations exist for the handling, storage, and disposal of hazardous chemicals, and employers must ensure that machinery is properly guarded and maintained. Workplaces must follow electrical safety standards to prevent shocks and fires, and employers must have fire prevention plans, emergency procedures, and appropriate firefighting equipment.

Occupational Health Services

Employers in Albania are required to provide occupational health services to their workers, particularly in high-risk sectors. These services may include pre-employment and periodic medical examinations, health surveillance for specific hazards, first aid and emergency response, and workplace health promotion.

Despite the existing legal framework, Albania faces challenges in fully implementing and enforcing OSH standards. Some key areas for improvement include strengthening enforcement capacity of the SLI, raising awareness among employers and workers, particularly in small and medium-sized enterprises (SMEs), and improving data collection and analysis on workplace accidents and illnesses.

Workplace inspections are a crucial part of ensuring safe and healthy working conditions in Albania. They serve to verify compliance with occupational safety and health (OSH) regulations, identify potential and existing hazards, recommend preventive measures, and raise awareness of OSH requirements among workers and employers.

Regulatory Framework

Workplace inspections in Albania are primarily governed by the Labor Code of Albania, Law No. 9634 on Labor Inspection and State Labor Inspectorate, and Law No. 10237 “For Health and Safety at Work". These laws outline the fundamental OSH rights and responsibilities for employers and workers, establish the State Labor Inspectorate (SLI), and provide a detailed framework for OSH management.

The State Labor Inspectorate (SLI)

The SLI is the main institution responsible for conducting workplace inspections in Albania. Its inspectors have the legal authority to enter workplaces freely, inspect conditions and processes, question relevant parties, access documents, and enforce penalties for non-compliance.

Workplace Inspection Criteria

Workplace inspections in Albania generally focus on physical, chemical, and biological hazards, ergonomic risks, fire and emergency preparedness, first aid provision, use of machinery and equipment, and the provision and use of personal protective equipment (PPE).

Inspection Frequency

The frequency of inspections is largely determined by risk assessment. High-risk workplaces, such as those in the construction, manufacturing, and mining sectors, are subject to more frequent inspections. Medium- and low-risk workplaces may be inspected less frequently, and the SLI also investigates complaints regarding unsafe or unhealthy working conditions.

Follow-Up Actions

Based on the findings of an inspection, the SLI may issue improvement notices for minor violations, impose administrative penalties for more serious or recurring violations, order the cessation of work activities in the event of imminent or serious danger, or refer cases of severe non-compliance to judicial authorities for criminal proceedings.

In Albania, the primary legal frameworks governing workplace accidents include the Albanian Labor Code and Law No. 7961 "On Health and Safety at Work". These laws mandate employers' responsibility for ensuring safe work environments and outline procedures for workplace accidents.

Reporting Workplace Accidents

Employers are legally obligated to immediately notify the State Labor Inspectorate, Social Security Institute, and relevant law enforcement agencies about work-related accidents. Serious accidents or those resulting in fatality must be reported within 24 hours. Employers must also submit written reports containing detailed accident descriptions, circumstances, and injuries sustained to the State Labor Inspectorate within a prescribed timeframe.

Investigation of Workplace Accidents

The State Labor Inspectorate bears primary responsibility for workplace accident investigations. Investigators are empowered to enter workplaces, conduct interviews, gather evidence, and request relevant documentation from employers. Employers have the right to participate in the investigation process and provide their perspective on the events. Investigation findings lead to the preparation of reports including recommendations for preventing future accidents and determining the potential for fines or penalties against employers in cases of negligence.

Compensation for Workplace Accidents

The Social Security Institute is responsible for processing and managing employees' workplace injury compensation claims. Types of compensation include temporary disability benefits, permanent disability benefits, medical expenses, and survivors' benefits in cases of fatal accidents. Injured employees or their family members must file claims with the Social Security Institute following established procedures and deadlines.

Other Considerations

Employers are obligated to maintain comprehensive records of workplace accidents, including investigation reports and any related compensation actions. Employees have the right to refuse dangerous work and the right to be informed about workplace hazards. Despite the existence of legal frameworks, concerns persist regarding consistent and robust enforcement of workplace safety regulations in Albania.