Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 1(a)(ii) of the Convention. Adaptation of work to the capabilities of workers. The Committee notes that section 3 of the Law on Occupational Safety and Health (Official Gazette of RM br.92/07) (Law on OSH) defines an “authorized health institution” as a health institution specialized in occupational medicine in accordance with the regulations in the field of health, engaged by the employer to provide health care at work. The Committee asks the Government to indicate the measures taken or envisaged to ensure that occupational health services advise the employer, the workers and their representatives, on the adaptation of work to the capabilities of workers.

Articles 2 and 4. Coherent national policy on occupational health services in consultation with the most representative organizations of employers and workers. The Committee notes that section 4 of the Law on OSH states that the Government is to adopt a programme for OSH which lays down the strategy for development of OSH in terms of protection of the life, health and working ability of the employees and prevention from workplace injuries and occupational and other diseases related to work. The Government indicates that despite the commitment for development of the programme and strategy for occupational and professional safety and health, in accordance with the Programme for Preventive Healthcare in the Republic of Macedonia for 2009, there is still no plan for the progressive development of occupational health services. The document is now expected to be prepared by the newly appointed Council for Occupational Safety and Health. The Committee asks the Government to provide further information on the formulation, implementation and periodical review of a coherent national policy on occupational health services (Article 2); to indicate the consultations that have taken place with the most representative organizations of employers and workers on the measures to be taken to give effect to the provisions of this Convention (Article 4); and to provide further information on the Council for Occupational Safety and Health.

Article 3. Progressive development of occupational health services for all workers. The Committee notes that section 2 of the Law on OSH specifies that the provisions of the Law apply in all spheres of the public and private sector, for all persons insured against workplace injury or occupational diseases in accordance with the regulations on pension, disability and health insurance, as well as for all other persons involved in the work processes, but that the provisions of the Law do not apply to activities regulated by special regulation (armed forces, police, etc.) or to domestic workers. The Committee asks the Government to indicate the measures taken or envisaged to ensure the progressive development of occupational health services for all workers.

Article 5. Functions of the occupational health service. The Committee notes that the primary tasks of the authorized health institution, depending on the type of activity carried out by the employer and the type and level of risk of injury or health impairment at work, are listed under section 20 of the Law on OSH. The Committee asks the Government to indicate the specific provisions which give effect to each requirement under Article 5.

Articles 7, 9 and 10. Organization and conditions of operation for occupational health services. The Committee notes the information provided by the Government which indicates that the staff of the labour medicine services involved in carrying out medical activities related to occupational health care, and professionals working and participating in providing occupational safety services (industrial hygiene and safety), are independent legal entities. The Committee asks the Government to provide further information on the measures taken or envisaged, in law and in practice, to ensure the full application of Articles 7, 9 and 10 concerning the organization and conditions of operation of occupational health services.

Article 15. Occupational health services to be informed of any known factors which may affect the workers’ health. The Committee notes the information that there is no fixed obligation to notify the health care services for fixed work absenteeism and the reasons for determining the causes of impairment of health. The Government indicates that while the employer is not required to notify, there is a legal obligation that the employer be informed of the reason for absence from work (diagnosis of disease) and for any reasonable medical leave from work. The Committee asks the Government to indicate the measures taken or envisaged, in law and in practice, to give full effect to the provisions of Article 15.

Part VI of the report form. Application of the Convention in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to provide, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of occupational accidents and diseases reported.