PRESS CONFERENCE OF SOCIAL PARTNERS REGARDING NEW DRAFT LAW ON AMENDING THE OHS LAW

10/05/2014

Caption 1: The President of CCM, PhD Zivko Mitrevski, the Minister of Labor and Social Policy, Dime Spasov and the President of ORM, Angel Dimitrov on today's press conference in MLSP

- STRENGTHENING THE ROLE OF TRADE UNIONS IN THE PROTECTION OF WORKERS' RIGHTS -

The President of the Federation of Trade Unions of Macedonia, PhD Zivko Mitrevski, the Minister of Labor and Social Policy, Dime Spasov and the President of the Organization of Employers of Macedonia, Angel Dimitrov on 5.10.2014, held a joint press conference at the Ministry of Labor and Social Policy, regarding the Draft Law on Amending the OHS Law.

President Mitrevski pointed out the existence of a positive social dialogue and acceptance of the proposals from social partners, which is supported by the fact that this draft law in the context of protection of workers increases the role of unions in two sensitive segments: the union will take greater care in increasing workers 'rights, and reinforce the positive impact and control of union protection and respect of workers' rights.

The new amendments refer to the following:

• Each employer to develop and implement a safety statement for each job, specifying the manner, as well as measures to be taken.
• Once the OHS statement has been prepared, the employer is obliged to provide an opinion of the trade union or employee representative where there is no union.
• The employer is obliged to ensure the realization of the right of employees directly or through the president of trade union organization, to participate in determining the gaps and improving the working conditions of the working environment and the employer.
• The employer is obliged when planning, procurement of equipment and introduction of new technology, to consult and cooperate with the employees and trade union president, for their impact on health and safety at work, working conditions and working environment.
• The employer is obliged to inform the employees and the president of the trade union organization for any kind of risk for all jobs, necessary safety measures and to eliminate the risk of harmful consequences, as well as to give information to the employees regarding first aid care, fire and evacuation.
• The employer must allow the employees, the president of the trade union organization to participate in the discussion of all matters relating to safety and health in accordance with this Law and other OHS regulations.
• The OHS statement must be presented to the employees and the President of the Trade Union organization as well as the implemented security measures and records.

The President of the trade union organization or trade union representative of the representative trade union or the employee’s representative where there is no trade union organization established shall have the following rights:• To supervise jobs, at least twice a year, and if necessary, several times a year;

• To ask the employer to take appropriate measures and in this regard to give proposals in order hazards to employees to be reduced (or to remove the sources of danger);
• To inform the labor inspectorate for its mediation, to attend meetings, to give their views and to inspect the written report/minutes taken by the inspector;
• To request information from the employer and have access to statements about the security assessment reports as an obligation of the employer and other documents relating to the planning and regulation of OHS;
• To be notified in writing by the employer, immediately or within 48 hours of the event of death, injury and collective accident at work which causes temporary incapacity for work lasting more than three days, as well as for each occurrence which presents an immediate danger and threatens the safety of employees at work.

The employer must allow uninterrupted performance of its function to the employee’s representative, by providing adequate time and resources needed without loss of pay, and shall not be put in a disadvantage position due to his/her activities.

Under the changes to the law, and by recommendation of the business community that was adopted by the Economic and Social Council, the procedure for the protection of students in practical work and has been defined and a secure system for their practice has been created.

By following the proposed measures, the protection of students during practical work in mines has been defined as part of the educational program.

The employer is obliged before the beginning of the practical work of students in mines to introduce OHS measures. The practical work in mines shall begin only after prior approval by the responsible person from the employer.

The employer is obliged to provide personal protective equipment to students and to train them for their usage. During the internship, the employer and organizer of practice appoint responsible persons to attend the practical work.

The employer, in cooperation with the organizer of the practical work shall prepare a working plan for jobs being adequate to perform practical work of students.

The proposal for OHS amendments have been made upon the proposal of the Federation of Trade Unions of Macedonia, and have been accepted by the Economic and Social Council.