Bosnia and Herzegovina's health and safety system is complex due to the country's internal structure. It consists of two entities and a district: Federation of Bosnia and Herzegovina (FBiH), Republika Srpska (RS), and Brčko District. Each entity and the district has its own health and safety regulations. There's no overarching national health and safety legislation in Bosnia and Herzegovina.

Key Legal Sources

Federation of Bosnia and Herzegovina

• Law on Health and Safety (FBiH) – The cornerstone of FBiH's health and safety framework.

Republika Srpska

• Law on Health and Safety (RS) – The primary health and safety law for the RS entity.

Brčko District

• Law on Health and Safety – Outlines the health and safety regulations for the Brčko District.

Core Principles in Bosnia and Herzegovina's Health and Safety Laws

Despite the decentralized system, Bosnia and Herzegovina's entity-level health and safety laws generally cover these key areas:

• Employer Responsibilities:
  • Implement health and safety measures and risk assessments
  • Provide worker training and information
  • Supply appropriate personal protective equipment (PPE)
• Worker Rights
  • Receive health and safety training
  • Decline unsafe work
  • Participate in health and safety decision-making
  • Access compensation for work-related injuries or illnesses
• Specific Health and Safety Areas
  • Accident and disease prevention
  • Hazardous substance control
  • Fire safety and emergency protocols
  • Machinery and equipment safety
• Sector-Specific Regulations Some industries, like construction, may have additional, more stringent regulations.

Enforcement and Oversight

• Labor Inspectorates: Each entity (FBiH and RS) and the Brčko District have their own labor inspectorates responsible for health and safety inspections and enforcement.
• Penalties: Employers who breach health and safety laws and regulations face fines and potential workplace closures.

Challenges and Ongoing Efforts

Bosnia and Herzegovina faces challenges in creating a harmonized, effective national health and safety system due to its decentralized structure. Efforts are ongoing to improve coordination between entity-level inspectorates, enhance health and safety awareness among employers and workers, and align health and safety standards with European Union (EU) directives as part of Bosnia and Herzegovina's integration aspirations.

It's essential for employers and workers in Bosnia and Herzegovina to be familiar with the health and safety regulations that apply specifically to their location (FBiH, RS, or Brčko District). By understanding rights and responsibilities, all parties can work towards creating safer and healthier workplaces throughout the country.

In Bosnia and Herzegovina, due to its internal divisions, Occupational Health and Safety (OHS) standards differ somewhat between the Federation of Bosnia and Herzegovina (FBiH), Republika Srpska (RS), and the Brčko District. However, the core principles remain consistent.

Key Standards Across BiH

• Hazard Prevention and Control: Employers across BiH must conduct workplace risk assessments to proactively identify physical, chemical, biological, ergonomic, and psychosocial hazards. Measures must then be implemented to eliminate or minimize those risks.
• Safety Training and Information: Workers in each entity or district are entitled to receive OHS training tailored to their job duties, including hazard awareness, safe work procedures, and emergency response protocols.
• Personal Protective Equipment (PPE): Employers must provide and mandate the use of appropriate PPE (helmets, eye protection, respiratory protection, etc.) based on risk assessments.
• Machine and Equipment Safety: Regulations govern the safe installation, operation, and maintenance of machinery and equipment to protect workers from injuries.
• Occupational Health Surveillance: Medical exams may be required for workers exposed to specific hazards, aiding in early detection of occupational illnesses.
• Emergency Preparedness: Employers must develop and implement plans for responding to fires, chemical releases, natural disasters, and medical emergencies.

Practical Implementation

• Safety Committees: Depending on workplace size and sector, BiH regulations often require the establishment of OHS committees with worker representation. These committees promote collaboration and compliance.
• Industry-Specific Standards: Sectors like construction or mining may have additional, more stringent regulations tailored to the unique hazards of those industries.
• Recordkeeping: Employers throughout BiH have an obligation to keep records of accidents, near-misses injuries, and OHS training to inform safety improvements.

Challenges and Ongoing Improvement

Bosnia and Herzegovina's decentralized system presents challenges in terms of achieving fully harmonized OHS standards nationwide. Efforts are ongoing to strengthen coordination between the various OHS regulatory bodies, increase awareness among all stakeholders about OHS rights and responsibilities, and align BiH's OHS standards with EU Directives as part of its EU integration aspirations.

Ensuring a safe and healthy workplace is a shared responsibility in Bosnia and Herzegovina. By understanding the relevant OHS standards, implementing best practices, and fostering open communication about safety, employers and workers can create more secure working environments across all parts of the country.

Workplace inspections are a fundamental pillar of Occupational Health and Safety (OHS) enforcement in Bosnia and Herzegovina. They serve to verify compliance with OHS laws and regulations, identify potential hazards proactively, and educate employers and workers about OHS best practices.

Inspection Procedures

The inspection process generally follows a five-step procedure:

1. Planning and Preparation: Labor inspectors gather information about the workplace, including the industry, size, past inspection history, and potential hazards. This informs the inspection plan.
2. Opening Meeting: The inspector meets with the employer or representative to discuss the scope and process of the inspection.
3. Walkthrough and Assessment: Inspectors conduct a thorough walkthrough, observing work processes, examining equipment, interviewing workers, and reviewing records. Assessments cover areas like compliance with general OHS regulations, hazard control measures, use and maintenance of Personal Protective Equipment (PPE), emergency preparedness, and OHS training records.
4. Closing Meeting: The inspector summarizes their findings, discussing any observed violations and potential recommendations.
5. Report and Follow-up: Inspectors prepare a detailed report. Timeframes are set for employers to address any identified deficiencies. Reinspections may occur to verify that corrective actions have been taken.

Inspection Criteria and Frequency

Inspections are based on a risk-based approach, with high-risk sectors (like construction or manufacturing) and workplaces with a history of incidents generally receiving more frequent inspections. Inspections meticulously adhere to the OHS regulations of the entity where the workplace is located. Specific occupational safety rulebooks often provide detailed criteria to guide inspectors.

Follow-up Actions

If violations are found, inspectors issue improvement notices outlining required corrective actions and deadlines. Employers could face fines, and in extreme cases, a workplace closure may be ordered for repeated OHS failures or imminent danger situations.

Workplace inspections play a vital role in driving improvements in occupational safety and health in Bosnia and Herzegovina. Efforts to harmonize inspection procedures across the entities, better target high-risk sectors, and increase overall inspection capacity hold promise for further strengthening the impact of this crucial enforcement tool.

In Bosnia and Herzegovina, there are established procedures to address occupational accidents and support injured workers. Employers are required by Occupational Health and Safety (OHS) laws to promptly report workplace accidents to the relevant authorities, which could be the labor inspectorate or a designated body. The reporting deadlines vary based on the severity of the accident. For instance, fatal accidents often require immediate notification, while serious injuries have a defined reporting period, such as 24 hours. Even minor injuries need to be recorded in detail for analysis and prevention purposes.

Investigation Processes

Employers are initially responsible for investigating accidents within their workplaces. The goal is to determine the root causes and implement preventive measures. Labor inspectorates may conduct their own investigations, especially for serious accidents or where an employer's investigation is deemed insufficient. Investigations aim to understand the sequence of events leading to the incident, direct and underlying causes, failures in safety protocols, and recommendations to prevent recurrence.

Compensation Claims

Bosnia and Herzegovina operates a social security system that provides compensation for workplace injuries, occupational diseases, and death. Specific eligibility rules apply. Compensation may include medical expense coverage, rehabilitation support, wage replacement for temporary or permanent disability, and survivor benefits in the case of a fatality. Generally, injured workers or their dependents file claims with the employer, who then submits them to the relevant social security institution for assessment and benefit determination.

Key Principles for Accident Response

Timeliness is crucial in reporting and investigating accidents to determine their causes and ensure injured workers can quickly access compensation benefits. Detailed investigations help pinpoint the root causes of accidents, paving the way for effective prevention measures. The compensation system aims to ease the financial and health burdens experienced by injured workers and their families.