Health and safety laws in North Macedonia are governed by several key pieces of legislation. The Occupational Safety and Health Law outlines employer and employee responsibilities, risk assessments, safety measures, and incident reporting. The Law on Health Protection addresses broader health concerns within the workplace, including environmental factors and sanitation. The Law on Protection from Chemical Substances regulates the safe handling, storage, classification, and labeling of hazardous chemicals.

Employer Responsibilities

Employers in North Macedonia have several responsibilities under health and safety laws. They must conduct comprehensive risk assessments across all work activities and implement appropriate measures to mitigate risks. They are also required to provide safety training for all employees, including hazard awareness, safe work procedures, and emergency response. Employers must supply necessary personal protective equipment (PPE) and ensure proper maintenance of all machinery and tools.

Employee Rights

Employees in North Macedonia have the right to work in a safe and healthy environment. They have the right to receive adequate safety training upon hiring and whenever work processes or hazards change. Employees may refuse work that poses an imminent and serious risk to their health or safety, without suffering repercussions. They also have the right to be involved in safety consultations and to have a voice in the workplace safety management.

Specific Provisions

Workplace Hazards

Health and safety laws in North Macedonia cover a range of workplace hazards. Physical hazards include noise, vibration, temperature extremes, radiation, and ergonomic risks. There are strict regulations for the use, storage, and disposal of hazardous chemicals. Employers must take measures to protect workers from infectious agents. Laws also address workplace violence, harassment, and stress-related conditions.

Vulnerable Groups

North Macedonian law provides special protections for young workers, pregnant and breastfeeding women, and disabled workers. Employers face additional restrictions when employing young people. Specific provisions exist for risk assessments and adjustments to work conditions for pregnant and breastfeeding women. Employers must make reasonable accommodations to facilitate workplace safety for disabled employees.

Enforcement and Compliance

The State Labor Inspectorate is responsible for conducting workplace inspections and enforcing health and safety regulations. They have the power to issue fines and orders for corrective actions.

Occupational health and safety (OHS) in North Macedonia is heavily influenced by EU Directives, particularly the Framework Directive 89/391/EEC. This ensures alignment with recognized best practices. The core legislative instrument is the Occupational Safety and Health Law, supported by numerous bylaws and regulations governing specific sectors and hazards.

Risk Assessment

Employers have a legal obligation to conduct thorough risk assessments covering all workplace activities and potential hazards. The law promotes a hierarchical approach to risk management, prioritizing elimination, substitution, engineering controls, administrative controls, and lastly, the use of PPE.

Occupational Health Services

Employers must provide access to occupational health services, ensuring employees receive health surveillance, preventive measures, and workplace health advice. Occupational health services include pre-employment and periodic checkups, fitness assessments, health promotion programs, and specialized care related to workplace risks.

Workplace Safety Practices

Detailed regulations exist for common workplace hazards like noise, chemicals, manual handling, work at height, etc. Employers above a certain size are mandated to establish joint safety committees for worker-management consultations on OHS matters. The law emphasizes the provision of clear safety instructions and training on hazard identification, safe work practices, and emergency procedures to all employees.

Incident Reporting and Investigation

Employers must report workplace accidents, injuries, and occupational diseases. Investigations focus on identifying underlying causes to prevent recurrence, not just assigning blame.

Protection of Vulnerable Workers

North Macedonia's laws impose stricter regulations on the employment of minors, including limitations on hazardous work and working hours. Employers must adjust working conditions or provide alternative work where risks to maternal health are identified. Laws promote workplace accessibility and reasonable accommodations to ensure the safety and well-being of employees with disabilities.

Despite robust legislation, enforcement can be inconsistent, particularly in smaller businesses and the informal sector. The State Labor Inspectorate may face resource constraints which can affect their ability to conduct comprehensive monitoring. There's a need for raising awareness and building a stronger safety culture at all levels of society.

Workplace inspections play a crucial role in ensuring that employers adhere to occupational health and safety (OHS) laws and regulations. The State Labor Inspectorate, a body within the Ministry of Labor and Social Policy, is primarily responsible for conducting these inspections. The inspections aim to detect hazards and unsafe work practices before accidents occur, and provide an opportunity for inspectors to raise awareness of OHS principles and advise employers on improvements.

Inspection Criteria

Inspectors assess a wide range of factors during their inspections. These include the existence of well-conducted risk assessments and implementation of corrective measures, adequacy of machine guarding, provision of personal protective equipment (PPE), electrical safety, fire safety systems, and more. They also check for safe use, storage, labeling, and disposal of chemicals as per the Law on Protection from Chemical Substances. Other factors include noise levels, ventilation, lighting, temperature, sanitation, evidence of employee safety training and records of instruction, and compliance with reporting procedures and investigations.

Inspection Frequency

The frequency of inspections is determined by a risk-based approach. High-risk industries and workplaces with a history of non-compliance are subject to more frequent inspections. The Occupational Safety and Health Law mandates inspections at least once a year in specific sectors and at least once every three years for others.

Inspection Procedure

The inspection procedure involves several steps. It begins with planning and preparation, where inspectors review relevant documentation, including previous inspection reports and employer-provided safety information. This is followed by a site visit, where a thorough on-site inspection is conducted. The inspector then produces a report detailing findings, violations, and prescribed corrective actions with deadlines. Enforcement actions can range from warnings and improvement notices to fines and, in severe cases, orders to cease operations.

Follow-up Actions

After the inspection, employers must address identified non-compliances within set deadlines and demonstrate corrective actions taken. Inspectors may conduct follow-up inspections to verify that required improvements have been implemented. Employers also have the right to appeal inspector decisions through established administrative or legal channels.

Employers are legally obligated to report workplace accidents and occupational diseases to the relevant authorities. The reporting deadlines vary depending on the severity of the injuries, with serious injuries and fatalities requiring immediate reporting. Employers are also required to maintain detailed records of all workplace accidents and illnesses, even those that do not require external reporting.

Investigation Processes

The employer is responsible for conducting an internal investigation to determine the root causes of a workplace accident and identify corrective actions to prevent future incidents. Worker representatives or safety committees have the right to be involved in accident investigations. In some cases, the State Labor Inspectorate may conduct its own investigation, particularly involving serious accidents.

Compensation Claims

North Macedonia operates a mandatory social insurance system that provides compensation for workplace injuries and occupational diseases. The types of benefits include coverage for medical expenses, wage replacement during periods of inability to work, compensation for long-term or permanent impairments, and financial support for dependents in case of fatal accidents. Injured workers or their dependents must file claims with the Fund for Pension and Disability Insurance of Macedonia.

Additional Considerations

Injured workers have specific time limitations within which to file compensation claims. It may be advisable to seek legal counsel, particularly in cases of complex or disputed claims.