CHANGES TO THE REGULATIONS IN THE FIELD OF SAFETY AND HEALTH AT WORK

The right to work is a fundamental human right guaranteed by the Constitution of the Republic of Serbia, which includes the right to safe and healthy working conditions. The improvement and implementation of safety and health measures at work for individuals involved in work processes, along with systemic issues, rights, obligations, and responsibilities are regulated by appropriate legislation, among which the Statute on Safety and Health at Work¹ (hereinafter: Law) stands out.

The transitional provision of the Law allows for an 18-month period from its enactment for the adoption of by-laws established by the Law. In the "Official Journal of the Republic of Serbia" no. 76/2024, dated September 13, 2024, several by-laws were published that regulate individual issues. Below is a brief overview of new obligations, potential fines, and deadlines for compliance with these regulations.

Regulation on Safety and Health at Work on Temporary or Mobile Construction Sites²

Regarding the amendments to this By-law, which came into force on September 21, 2024, we highlight three key changes that are crucial for the construction industry.

When it comes to construction site registration, the investor must inform the coordinator for the execution of works, along with the introduction of the employer or another responsible person, no later than seven days before the start of work on the construction site.

The latest amendments specify the obligations of the coordinator for the execution of works and outline the schedule for direct control of the construction site, as follows:

1. Daily - when a permit is issued for work at height, in depth, in confined spaces, in areas with potentially explosive atmospheres, on energy facilities, when using dangerous chemical substances, or in zones with serious, unavoidable, or immediate dangers. This also applies to the construction of buildings of special importance to the Republic of Serbia, where the complexity of the work poses specific risks to the safety and health of employees and others.

2. For other construction sites - according to the organization and technology of work performance outlined in the Plan of Preventive Measures for Safety and Health at Work, and at least once every five working days.

Additionally, maintaining the construction site control report in electronic form has been introduced in addition to a paper one.

The provisions regarding the obligation to consult and cooperate with employees have been amended i.e. supplemented. Consultation and cooperation with employees and/or their representatives for occupational safety and health must be conducted in accordance with the Law, covering all issues related to safety and health at work on the construction site. This is particularly important for the application of provisions related to the principles of prevention, duties of coordinators for the execution of works, and general obligations of the employer, considering the risks of injury and health damage to employees and the size of the construction site.

Annex Number 4 has been amended regarding workplaces in both closed and open spaces.

For workplaces in closed spaces, special measures have been added for escalators and walkways. These must function safely and be equipped with all necessary protective devices, including easily visible and accessible protective blocks, as well as devices for easy recognition and emergency shutdown in case of danger.

For open-air workplaces, the changes focus on preventing falls from heights. This must be achieved by using sturdy suspended scaffolding baskets that are of sufficient height and equipped with at least one back plate, a main handrail, and a transition handrail or a suitable equivalent. If protective baskets cannot be provided, protective belts or other safety fastening methods (such as anchors, anchorages, or temporary lifelines) must be used.

Regulations on the Manner and Procedure of Risk Assessment at the Workplace and in the Working Environment

This by-law defines the methods, measures, and deadlines for eliminating, preventing, or reducing risks at the workplace and in the working environment to the lowest possible extent. As before, the employer regulates these through the risk assessment act.

Employers are required to conduct a risk assessment and make a decision to initiate the risk assessment procedure, appointing one or more experts to carry out this process. The professional responsible can be the employer (if there are up to 20 employees), an employee of the employer, or an employee of a legal entity or entrepreneur licensed to perform occupational safety and health tasks. This professional, who must also be licensed to act as an advisor or associate for occupational safety and health, will create a Plan for the implementation of the risk assessment procedure according to the stages established by this rulebook.

After a risk assessment has been conducted, employers are obliged to amend the risk assessment act if any of the following occur:

1. A fatal injury or serious injury at work;

2. The emergence of new dangers or harms, or changes in the level of risks in the work process;

3. The measures determined to eliminate, prevent, or reduce the risk are found to be inappropriate or do not correspond to the assessed situation;

4. There are possibilities and ways to improve or supplement the assessed risk;

5. The results of monitoring the health condition of employees exposed to harmful effects indicate the necessity;

6. Based on the proposal of a health institution performing occupational medicine activities, after previous, periodic, or targeted medical examinations of employees, it is concluded that employees are exposed to dangers and harmful effects not determined by the initial risk assessment.

Employers are required to continuously implement the risk assessment act by regularly checking the effectiveness of the measures taken and evaluating their success in eliminating, preventing and reducing risks. The verification of the effectiveness of the risk assessment act is carried out by the adviser or associate for occupational safety and health, as well as the employee, in accordance with the employer’s organization of work safety and health and internal policies. If, during the verification process, the authorized person identifies any inefficiencies, they must propose corrective measures to the employer. The employer is then obliged to amend the risk assessment act in accordance with these proposals.

Employers must harmonize their risk assessment act with this by-law no later than April 28, 2025.

Regulations on the Procedure for Inspecting and Checking Work Equipment and Inspecting and Testing Electrical and Lightning Protection Installations and Testing Work Environment Conditions

This section outlines the obligations of employers regarding the deadlines for inspecting and checking work equipment, examining the conditions of the work environment, the authority responsible for carrying out these checks and the penalties for non-compliance with prescribed obligations.

Preventive and periodic inspections of work equipment, testing of electrical and lightning protection installations, as well as testing of working environment conditions must be performed by a licensed legal entity. This entity is required to submit an expert opinion to the employer within 30 days of the inspection.

Checking Equipment for Operation and Testing Electrical and Lightning Protection Installations

Preventive Inspections and Checks of Work Equipment

Employers are required to carry out preventive inspections and checks of work equipment:

• before initial use,

• before being put to use by employees, after overhaul, reconstruction or breakdown, as well as

• before starting work in a new location if the equipment has been moved.

Additionally, preventive inspections must be conducted after eliminating deficiencies identified by a licensed legal entity, by order of the labor inspector, or when there are changes to the equipment that affect employee safety.

The obligation to carry out preventive inspections and checks of work equipment does not apply to equipment that does not need to be assembled when first put into use, or work equipment that the manufacturer has put into operation and handed over to the employer. Inspections and tests of electrical and lightning protection installations are not required at the beginning of the use of new buildings for which a use permit has been obtained according to the Statute on Planning and Construction.

Periodic Inspections and Checks of Work Equipment

Employers are required to perform periodic inspections and checks of work equipment, as well as inspections and tests of electrical installations within the deadlines established by technical regulations, standards, or the manufacturer’s instructions, and no later than every three years from the previous inspection.

Exceptions include:

• Periodic inspections of temporary electrical installations with devices, equipment, and accessories, which must be carried out within six months of the previous inspection and check.

• Periodic inspections and checks of work equipment as determined by the employer in the risk assessment act, which must be conducted within the period established by that act, but no later than three years from the previous inspection and verification.

Inspections and tests of lightning protection installations must be carried out within the period determined by technical regulations and standards for the specified level of protection of buildings against atmospheric discharge. For buildings with protection levels 1 and 2, the maximum period for testing is two years, while for buildings with protection levels 3 and 4, the maximum period is four years.

Examination of working environment conditions

For workplaces where chemical, physical, and biological hazards are present or reasonably expected, preventive and periodic tests are conducted according to the Plan and Program for Monitoring Working Environment Conditions. This plan is developed by a licensed legal entity in cooperation with the employer and in accordance with the risk assessment act.

Deadline for Preventive Inspections and Testing of Working Environment Conditions

Preventive tests of working environment conditions must be carried out within six months from the start of work, the technological process, the reconstruction of the building where the work process is conducted (such as heating, ventilation, or air conditioning systems), or the replacement of technical capacities that alter working conditions. These tests must begin on the day the technological process starts and must be performed every three months, independently of the tests planned in the Plan and Program for Monitoring Working Environment Conditions.

The regulation also stipulates that preventive examinations of working environment conditions must be conducted after the elimination of defects identified by a licensed legal entity, following an order from the labor inspector, or if there are any changes that may affect the working environment conditions, independently of the examinations planned by the Plan and Program for Monitoring Working Environment Conditions.

Deadline for Periodic Testing of Working Environment Conditions

Periodic examinations of working environment conditions must be conducted at the workplace no later than three years after the previous examination.

Employers must harmonize their operations with this regulation no later than April 28, 2025.

Regulation on the Program and Method of Passing the Professional Exam for Occupational Safety and Health Duties and the Duties of a Responsible Person

We remind you that the following individuals are required to take a professional exam:

1. Professionals i.e. individuals trained to perform the duties of advisors or associates for occupational safety and health, as well as employers who perform these duties themselves.

2. Responsible persons i.e. individuals trained to carry out inspections and checks of work equipment, inspections and testing of electrical and lightning protection installations, and testing of working environment conditions, including chemical, physical (except ionizing radiation), and biological hazards.

The application for the professional exam is submitted to the Ministry responsible for labor affairs - the Directorate for Occupational Safety and Health. The application can be submitted by the employer or an individual seeking to be trained to perform the duties of a professional or responsible person, with the costs of the exam borne by the applicant.

Candidates who applied for the professional exam but did not pass it before the date of entry into force of this act will take the exam under the regulations that were in effect on the day of their application. Candidates who passed the general part of the professional exam must take the special part no later than September 21, 2025.

Regulations on the Manner of Issuing, Renewing, or Revoking Licenses for Performing Work in the Field of Occupational Safety and Health

This regulation extends the obligation to possess a license to all individuals who, according to the Law, can perform tasks in the field of safety and health at work, except for the employer, who only needs to pass a professional exam if performing these tasks themselves. The authority to issue or renew licenses for occupational safety and health tasks within the Ministry responsible for labor affairs is classified based on the nature of the person performing these tasks at the employer. Accordingly, the Labor Inspectorate is responsible for: (1) advisors or associates for safety and health at work and (2) coordinators in the project development phase or the execution phase of works, while the Directorate for Safety and Health at Work is responsible for: (1) individuals responsible for inspecting and checking work equipment, inspecting and testing electrical and lightning protection installations, and testing working environment conditions, including chemical, physical (except ionizing radiation), and biological hazards; (2) legal entities or entrepreneurs performing occupational health and safety tasks, and (3) legal entities performing inspections and checks of work equipment, inspections and testing of electrical and lightning protection installations, and testing working environment conditions, including chemical, physical (except ionizing radiation), and biological hazards.

Individuals who passed the professional exam before the entry into force of the Law are not required to take a new exam but must submit a request for the issuance or renewal of a license if they already have one. Licenses are issued with a validity period of 5 years, and the request for renewal must be submitted no later than 60 days before the license expires.

In addition to the conditions prescribed for issuance, an additional condition of proof of continuous knowledge improvement is required for license renewal. Associates, occupational health and safety advisors, coordinators in the project development phase or execution phase, and individuals responsible for inspecting and verifying work equipment and testing electrical and lightning protection installations must acquire the appropriate number of points prescribed by the competent Ministry during their continuous improvement process.

This regulation entered into force on September 21, 2024, with the obligation to obtain or renew licenses for advisors, occupational safety and health associates, and coordinators in the project development or construction phase applicable from November 1, 2024.

Finally, we emphasize that while a robust legal framework is crucial for achieving safe working conditions, the practical implementation of these rules is even more important. To preserve the fundamental values of any company - its human resources, i.e., employees - it is essential to establish a safety and health system at work that prioritizes the protection of employees’ health, physical well-being, and moral integrity.

Neglecting employee health can lead to numerous negative consequences for both employees and employers, including loss of business reputation and misdemeanor liability. For established misdemeanor liability, an employer operating as a legal entity faces fines ranging from RSD 1,500,000.00 to RSD 2,000,000.00, while the person responsible within the legal entity may be fined between RSD 50,000.00 and RSD 150,000.00.

Disclaimer: The text is informative and does not provide legal advice