Bulgarian health and safety laws are designed to protect workers' wellbeing and prevent accidents and injuries in the workplace. The primary legal framework is established by the Health and Safety at Work Act (HSWA), the Labour Code, and associated regulations and ordinances.

Key Responsibilities

Employers' Responsibilities

Employers in Bulgaria have extensive obligations under the HSWA, including conducting thorough risk assessments, ensuring a safe work environment, providing workers with clear information and training, arranging health surveillance and medical examinations, reporting work-related accidents and illnesses, and establishing mechanisms for worker consultation and participation in health and safety matters.

Workers' Responsibilities

Workers in Bulgaria also have responsibilities outlined in the Labour Code, such as following established health and safety procedures, acting responsibly to avoid endangering themselves or their colleagues, and attending required health and safety training.

Specific Areas of Regulation

Bulgarian health and safety laws address a wide range of issues, including chemical, physical, and biological hazards, work equipment and machinery, ergonomics, and specific regulations for industries like construction, mining, and agriculture. There are also additional protections for vulnerable groups like young workers and pregnant and breastfeeding women.

Enforcement and Penalties

The General Labour Inspectorate Executive Agency is the main authority responsible for enforcing health and safety laws in Bulgaria. Inspectors conduct workplace inspections, issue improvement notices, and can impose fines or administrative sanctions for non-compliance.

Adherence to health and safety laws in Bulgaria is crucial for protecting workers' wellbeing, preventing accidents and occupational diseases, reducing costs associated with workplace injuries and illnesses, and creating a positive and productive work environment.

Occupational health and safety (OHS) in Bulgaria is governed by a set of standards and practices. These standards are set by the Health and Safety at Work Act (HSWA), the Labour Code, and a series of regulations and ordinances.

Risk Assessment and Management

Employers are obligated to conduct comprehensive risk assessments to identify and evaluate workplace hazards. This is outlined in the HSWA, Article 12. Control measures are implemented to eliminate or minimize risks, prioritizing engineering controls, administrative controls, and personal protective equipment (PPE). Employers are also required to maintain written records of risk assessments and update them regularly.

Workplace Safety

Workplace safety covers various aspects including machine safety, electrical safety, fire safety, and emergency preparedness. Specific standards are set for the safe design, use, and maintenance of machinery and work equipment. Regulations govern electrical installations, equipment, and work practices. Measures for fire prevention, detection, and suppression in the workplace are also in place. Employers are required to develop and implement emergency plans, including evacuation procedures and first aid provisions.

Chemical Safety

Chemical safety involves the management of hazardous substances. Regulations are in place on the classification, labeling, packaging, storage, use, and disposal of hazardous chemicals. Workers should have access to Safety Data Sheets (SDS) for hazardous chemicals they handle. Control measures are implemented to minimize exposure, including engineering controls (ventilation, containment), administrative controls (safe work procedures), and PPE.

Occupational Health Surveillance

Occupational health surveillance includes arranging for pre-employment medical examinations and periodic health surveillance for workers exposed to specific risks. This is outlined in the HSWA, Article 28. There is a system for reporting, investigating, and recording occupational diseases. Employers are also required to maintain confidential health records for workers.

Training and Information

Employers are required to provide workers with comprehensive health and safety training relevant to their job tasks and workplace hazards. This is outlined in the HSWA, Article 15. Workers should receive clear instructions and appropriate supervision to perform tasks safely. Clear safety signs and warnings should be displayed where hazards exist.

Worker Participation and Consultation

Joint worker-management health and safety committees are established in workplaces with more than 50 employees. Worker safety representatives are elected in workplaces with more than 10 employees. Workers have the right to be informed and consulted on OHS matters affecting them.

Additional Considerations

There are additional regulations tailored to the specific hazards of industries like construction, mining, and agriculture. Bulgaria has protections for young workers, pregnant and breastfeeding women, and workers with disabilities. Employers are encouraged to strive for continuous improvement in OHS performance, moving beyond basic compliance to create a strong safety culture.

Workplace inspections play a crucial role in maintaining a safe and healthy work environment. They are designed to verify compliance with safety standards, identify potential hazards, promote a culture of compliance, and provide education and guidance to both employers and workers.

The Inspecting Authority

The General Labour Inspectorate Executive Agency (GLI) is the primary agency responsible for conducting workplace inspections in Bulgaria. It employs labour inspectors throughout the country who are authorized to carry out these inspections.

Inspection Criteria

Workplace inspections cover a wide range of occupational health and safety issues. These include reviewing risk assessments, inspecting workplace conditions, assessing machinery and equipment, ensuring safe handling of hazardous substances, verifying occupational health surveillance, checking worker training and information, and evaluating the employer's overall occupational health and safety management system.

Inspection Frequency

The frequency of inspections is influenced by several factors. Workplaces with higher inherent risks, such as construction and manufacturing, are subject to more frequent inspections. The GLI also prioritizes inspections in response to worker complaints or reports of serious accidents. Additionally, the GLI may conduct focused inspection campaigns on specific industries or hazards.

Inspection Procedures

The inspection process typically involves an opening meeting, a walk-through inspection, a document review, worker interviews, and a closing meeting. Inspections may be unannounced, but employers are often given advance notice.

Follow-up Actions

After the inspection, the inspector prepares a detailed report outlining the findings and any identified violations. If violations are found, the GLI may issue improvement notices requiring the employer to take corrective action within a specified time frame. For serious or repeated violations, the GLI can impose administrative fines or even order work stoppages. Employers have the right to appeal enforcement actions by the GLI.

Important Regulations

Several regulations provide the legal framework for workplace inspections. These include the Health and Safety at Work Act (HSWA), the Labour Code, and the Regulation on the working conditions of labour inspection bodies.

Employers are required to immediately notify the relevant regional division of the General Labour Inspectorate Executive Agency (GLI) and the National Social Security Institute (NSSI) about serious workplace accidents resulting in injuries or fatalities. Within 3 working days of the accident, a detailed accident report must be submitted to the NSSI. Employers are also obligated to maintain records of all workplace accidents and injuries, regardless of severity.

Investigating Workplace Accidents

The NSSI initiates an investigation to determine the circumstances of the accident and whether it qualifies as a work-related accident. This investigation is carried out jointly by the NSSI, the GLI, workplace OHS committees or groups, and other relevant authorities. The aim of the investigation is to identify the root causes of the accident, determine any violations of OHS regulations, and recommend preventative measures.

Compensation for Work-Related Injuries

Bulgaria has a compulsory work-related injury insurance scheme managed by the NSSI. Workers who sustain injuries or illnesses due to workplace accidents are generally eligible for compensation benefits. These benefits include compensation for lost wages during periods of temporary incapacity to work, long-term compensation for permanent disabilities resulting from workplace accidents, and compensation for dependents in case of fatal workplace accidents.

Procedure for Compensation Claims

The injured worker undergoes a medical examination to assess the extent of the injury and determine the degree of disability. The NSSI reviews the investigation report and determines if the accident qualifies as a work-related incident. If recognized, the NSSI issues a decision on the type and amount of compensation benefits. Workers or employers can appeal compensation decisions.

Employers' Liability and Workers' Rights

Employers may be held liable for workplace accidents if they are found to have been negligent or failed to fulfill their OHS obligations. Workers have the right to refuse to work in unsafe conditions and to report safety hazards without fear of retaliation.