Macedonia

In North Macedonia, the Constitution (Article 32) establishes the fundamental right of everyone to safety and health protection at work. The Law on Occupational Safety and Health and the Law on Health Protection are the core legislations outlining employer and employee responsibilities, risk assessment, safety measures, and enforcement mechanisms.

Employer Responsibilities

Employers in North Macedonia are required to conduct regular and thorough risk assessments of all workplaces and work processes to identify and mitigate potential hazards. They must implement appropriate safety measures based on risk assessments, including providing personal protective equipment (PPE), training, safe work procedures, and maintaining equipment. Employers are also responsible for educating workers on workplace hazards, safe work practices, and emergency procedures. They must arrange for medical examinations for employees, where necessary, to monitor the impact of workplace exposures. Furthermore, employers are required to establish procedures to report, record, and investigate workplace accidents, injuries, and illnesses. They must also facilitate worker involvement in the development and implementation of OSH measures.

Employee Rights and Responsibilities

Employees in North Macedonia have the right to work in an environment free from recognized hazards. They may refuse work they believe poses a serious and imminent danger to their health or safety. Employees are entitled to receive OSH-related information and training. They are also expected to participate in OSH decision-making processes, comply with safety instructions, use PPE correctly, and report any unsafe conditions.

Specific Health and Safety Areas

North Macedonian OSH laws cover numerous areas, including regulations on the handling, storage, labeling, and disposal of hazardous chemicals. Measures are in place to protect workers from excessive noise and vibration levels. The laws also focus on the prevention of musculoskeletal disorders related to workplace design and work tasks. They address workplace stress, bullying, and harassment. Provisions are also made for first aid facilities, emergency planning, and drills.

Enforcement

The State Labor Inspectorate is the primary enforcement body for OSH laws in North Macedonia. Inspectors have the authority to conduct workplace inspections, issue improvement notices and fines, and order work stoppages in cases of severe risk.

Occupational health and safety (OSH) in North Macedonia is heavily influenced by European Union legislation, with the aim of harmonizing with EU best practices. The core legislative acts include the Law on Occupational Safety and Health, which provides the foundation for OSH principles and regulations, and the Law on Health Protection, which focuses on workplace health hazards.

Hazard Identification and Risk Assessment

Employers are required to conduct comprehensive risk assessments across all workplaces and work processes. These assessments must cover physical, chemical, biological, ergonomic, and psychosocial hazards.

Preventive and Control Measures

Employers must follow a hierarchy of controls to eliminate or minimize risks. This hierarchy prioritizes engineering controls over administrative measures and personal protective equipment. Specific regulations govern the handling, storage, transport, labeling, and disposal of hazardous substances. Exposure limits and control measures are set to protect workers from harmful noise and vibration levels. Regulations also address the prevention of musculoskeletal disorders and psychosocial hazards.

Worker Training and Information

Employers are required to provide comprehensive safety and health training to all employees. This training must be tailored to job-specific risks and cover safe work practices, hazard identification, and emergency procedures.

Health Surveillance

Employers must arrange for medical examinations and surveillance of workers exposed to certain risks, such as noise, chemicals, or biological hazards. This surveillance focuses on early detection of health effects and preventive actions.

Emergency Preparedness and Response

Workplaces must have emergency plans, first aid provisions, and trained personnel. Regular drills and simulations are conducted to ensure preparedness.

Enforcement and Compliance

The State Labor Inspectorate is the primary enforcement body for OSH in North Macedonia. They conduct inspections, issue improvement notices and penalties, and can order work stoppages in the case of serious hazards. Worker involvement and consultation in OSH matters is encouraged through mandated mechanisms like safety committees.

Workplace inspections play a crucial role in verifying compliance, identifying hazards, raising awareness, and promoting improvement in occupational safety and health (OSH). They are the primary mechanism to ensure employers adhere to the necessary safety standards and regulations.

The Authority and Scope of Inspections

The State Labor Inspectorate is tasked with conducting workplace inspections across all economic sectors. These inspections cover a broad scope, including risk assessments, hazard controls, training, health surveillance, record-keeping, and emergency preparedness.

The Procedure of Inspections

The inspection process begins with planning and preparation, where inspectors develop inspection plans based on risk profiles, previous inspection history, and complaints received. This is followed by an opening conference where inspectors meet with employer representatives to explain the inspection's purpose, scope, and process.

The next step is a workplace walkthrough, a thorough examination of the workplace to identify hazards, observe work practices, and review documentation. Inspectors may also interview employees and managers to gain insights into safety practices and concerns.

The inspection concludes with a closing conference where the inspector summarizes findings, discusses potential violations, and outlines any required corrective actions. A formal inspection report is then prepared, documenting the inspection findings, violations, and deadlines for corrective measures.

Criteria and Frequency of Inspections

Inspections are conducted based on a risk-based approach. The frequency of inspections depends on the inherent risk level of the industry and the employer's compliance history, with high-risk workplaces being inspected more frequently.

Inspections focus on compliance with OSH regulations, including the presence and implementation of risk assessments, hazard control measures, worker training programs, health surveillance, incident reporting and investigation systems, and emergency plans.

Follow-Up Actions After Inspections

Following the inspection, if violations are identified, inspectors issue improvement notices specifying corrective actions and deadlines. Non-compliance can result in fines or, in severe cases, suspension of operations.

Follow-up inspections may be conducted to verify that corrective actions have been implemented. Inspectors can also provide advice and guidance to employers on how to achieve OSH compliance.

Employers are legally obligated to immediately report serious accidents and fatalities to the State Labor Inspectorate and relevant authorities. They must also maintain detailed records of all workplace accidents, including minor injuries, for reporting and analysis purposes. Strict deadlines exist for reporting different severity levels of accidents.

Investigation Processes

Employers must conduct a thorough internal investigation to determine the cause of accidents and implement corrective measures to prevent future occurrences. The Labor Inspectorate may conduct its investigation for severe accidents or in cases of suspected negligence. Investigations aim to establish the root causes of the accident (technical, human error, procedural failures), any violations of regulations, and recommendations for preventive measures.

Compensation Claims

Employers in North Macedonia must obtain workers' compensation insurance for all employees. Injured workers are entitled to medical treatment and rehabilitation costs, temporary or permanent disability benefits, compensation for lost wages, and survivor benefits in case of fatalities. Workers file compensation claims with the insurance carrier. Disputes may be resolved through the legal system.

Additional Considerations

Worker representatives should be involved in accident investigations to provide valuable insights. The primary goal of accident reporting and investigation is to learn from these events and implement measures to prevent future occurrences.