Serbia's health and safety laws are primarily governed by the Law on Occupational Safety and Health. This framework aligns with EU directives and the conventions of the International Labour Organization (ILO). The law emphasizes risk assessment and prevention, employee rights and participation, and employer obligations.

Key Principles

Employers are responsible for identifying workplace hazards, conducting risk assessments, and implementing preventive measures to protect employee safety and health. Employees have the right to information, training, consultation, and participation in health and safety matters. They also have the right to refuse hazardous work without facing undue consequences. Employers are obligated to implement safety and health management systems, provide training, ensure medical surveillance, maintain relevant records, appoint competent OSH personnel, and report accidents and dangerous occurrences.

Specific Areas of Regulation

Workplace Conditions

The law sets standards and requirements for workplace design and layout, work equipment and machinery, electrical safety, and emergency preparedness.

Hazardous Substances

The handling and use of hazardous substances are regulated with a focus on risk assessment and labeling, safety data sheets, and control measures.

Personal Protective Equipment (PPE)

Employers must provide appropriate PPE free of charge and ensure its use and maintenance. Employees must receive training on proper PPE use.

Occupational Health Services

Employers must provide health examinations tailored to workplace risks. Fitness for work assessments are required to determine suitability for specific job tasks. The law also encourages health promotion, including healthy lifestyles and preventive health measures.

Specific Industries & Hazards

Additional regulations and standards target specific industries or hazards, including construction, mining, noise, and biological and chemical agents.

Enforcement and Penalties

The Labor Inspectorate within the Ministry of Labor, Employment, Veteran and Social Affairs is responsible for enforcing health and safety laws. Violations can result in substantial fines, temporary or permanent closure of the workplace, and in some cases criminal liability.

Occupational safety and health (OSH) in Serbia is heavily influenced by EU directives and International Labour Organization (ILO) conventions. The primary legislative framework is the Law on Occupational Safety and Health, supplemented by numerous bylaws and regulations that provide detailed specifications for various aspects of OSH. The Institute for Standardization of Serbia (ISS) also develops and adopts standards aligned with EU and international standards.

Risk Assessment

Employers are required to systematically identify, assess, and control workplace hazards in a written Risk Assessment Act. The risk assessment process typically involves identifying potential hazards, analyzing the likelihood and severity of harm, and determining appropriate control measures.

Prevention and Control Measures

Serbian regulations promote a hierarchy of controls, prioritizing elimination, substitution, engineering controls, administrative controls, and personal protective equipment (PPE). Technical measures such as the installation of guards, ventilation systems, noise reduction, and other engineering controls are used to minimize hazards at the source. Employers are also expected to develop and enforce safe work instructions, training, and supervision, as well as conduct regular inspection and maintenance of equipment, machinery, and workplace facilities.

Occupational Health Services

Employers must provide medical examinations based on risk assessments. Doctors assess an employee's suitability for specific tasks, considering workplace hazards and individual health conditions. Employers are also required to maintain medical records and inform employees of health surveillance results.

Training and Information

Employers must provide OSH training tailored to job tasks and risks. This includes induction training, refresher courses, and specific training for hazardous activities. Employees have the right to receive OSH information and participate in consultations on safety and health matters.

Incident Reporting and Investigation

Employers are required to report serious accidents, dangerous occurrences, and occupational diseases to the Labor Inspectorate. Investigations are conducted to identify root causes and implement corrective actions to prevent recurrence.

Worker Participation

Employees have the right to elect safety representatives to participate in OSH decision-making and inspections. Employers must also consult with employees or their representatives on OSH matters.

Despite a robust legal framework, Serbia faces challenges in fully implementing and enforcing OSH standards. Efforts are underway to strengthen inspection capacity, raise awareness among employers and workers, and promote a preventative safety culture.

Workplace inspections play a crucial role in ensuring compliance with occupational safety and health (OSH) regulations. They serve as a deterrent to noncompliance, help identify potential and existing hazards, and provide employers with valuable advice on improving OSH practices.

The Role of the Labor Inspectorate

The Labor Inspectorate, within the Ministry of Labor, Employment, Veteran and Social Affairs, is the primary body responsible for conducting OSH inspections. Inspectors have broad authority to enter workplaces, examine documents, take samples, interview employees, and issue orders and fines.

Inspection Procedures

Types of Inspections

Inspections can be routine, targeted, or follow-up. Routine inspections are scheduled based on risk assessments, industry sectors, and past inspection records. Targeted inspections are conducted in response to complaints, accidents, or identified high-risk areas. Follow-up inspections verify compliance with previously issued orders or remediation plans.

Inspection Criteria

Inspectors focus on key areas outlined in OSH legislation, including risk assessment, workplace conditions, hazardous substances, personal protective equipment (PPE), occupational health services, training and information, and record-keeping.

Inspection Process

The inspection process typically involves an advance notice, an opening meeting, a workplace walkthrough, interviews, document review, a closing meeting, and a formal inspection report.

Follow-Up Actions

Inspectors issue orders to correct identified violations within specified deadlines. Employers may face substantial fines for noncompliance. In cases of serious or imminent danger, the inspector can order the temporary or permanent closure of part or all of the workplace. Severe violations may result in criminal proceedings.

Workplace accidents are a serious matter that require immediate attention and action. Employers are obligated to report serious injuries, fatalities, occupational diseases, and dangerous occurrences to the Labor Inspectorate. This reporting must be done using prescribed forms and within specific deadlines. Additionally, employers are required to maintain internal records of all work-related accidents and illnesses, regardless of their severity.

Investigation of Accidents

The Labor Inspectorate plays a crucial role in investigating serious accidents and dangerous occurrences. Their goal is to determine the causes of these incidents and identify corrective measures to prevent them from happening again. Employers are expected to cooperate with these investigations by providing necessary documents and facilitating interviews. In some cases, inspectors may engage technical experts or safety professionals to assist in the investigation. The outcome of the investigation is a report that outlines the findings, root causes, and recommendations for corrective action.

Compensation Claims

Employees who are injured in work-related accidents or develop occupational diseases may be entitled to several types of compensation. These include medical expenses and rehabilitation, temporary disability benefits, permanent disability benefits, and tort liability. The Health Insurance Fund covers medical expenses and rehabilitation, while the employer pays temporary disability benefits during periods of work absence due to the injury. Permanent disability benefits are administered by the Pension and Disability Insurance Fund based on the degree of disability. In cases of employer negligence, employees may pursue additional compensation for damages through civil lawsuits.

Claim Procedures

The procedures for claiming compensation vary depending on the type of claim. For health insurance claims, employees seek medical care and initiate claims with the Health Insurance Fund. Disability claims are filed with the Pension and Disability Insurance Fund. For negligence-related damages, employees can file lawsuits in civil courts.

Important Considerations

There are several important considerations for both employers and employees when dealing with workplace accidents. These include time limits for reporting accidents and filing various compensation claims, the potential need for legal advice or representation, and the extent of employer liability for a workplace accident, which can depend on the specific circumstances and findings of the investigation.