Recently published and coming into effect on September 21, 2024, new bylaws in the field of occupational safety and health have been issued, all based on the Law on Occupational Safety and Health (Official Gazette of the Republic of Serbia No. 35/2023) (“Law“), including:

1. Rulebook on the Method and Procedure for Risk Assessment in the Workplace and Work Environment (Official Gazette of the RS No. 76/2024);
2. Rulebook on the Method for Issuing, Renewing, or Revoking Licenses for Performing Activities in the Field of Occupational Safety and Health (Official Gazette of the RS No. 76/2024);
3. Rulebook on the Program and Method of Taking the Professional Examination for Performing Occupational Safety and Health Duties and Responsibilities of the Responsible Person (Official Gazette of the RS No. 76/2024);
4. Regulation on Amendments to the Regulation on Occupational Safety and Health at Temporary or Mobile Construction Sites (Official Gazette of the RS Nos. 14/2009, 95/2010, 98/2018, 35/2023 – other law and 76/2024).

In the following text, we provide an overview of their most significant provisions.

1. Rulebook on the Method and Procedure for Risk Assessment in the Workplace and Work Environment

With the entry into force of this rulebook, the previous Rulebook on the Method and Procedure for Risk Assessment in the Workplace and Work Environment (Official Gazette of the RS No. 72/06, 84/06 – correction, 30/10, and 102/15) has ceased to be valid.

This rulebook specifies the method and procedure for assessing the risk of workplace injuries, occupational diseases, and work-related illnesses for employees in the workplace and work environment, as well as the methods, measures, and timelines for their elimination, prevention, or reduction to the minimum possible level, which the employer regulates through a risk assessment document.

Key Provisions

Risk Assessment

The risk assessment is based on the principles of prevention established by the Law and includes systematic recording and analysis of all factors in the workplace that can cause injuries or occupational diseases. This assessment involves examining the organization of work, work processes, tools, raw materials, personal protective equipment, and other elements that can lead to workplace injuries, occupational illnesses, and health-related issues for employees.

Additionally, the risk assessment includes:

• General information about the employer;
• Description of the technological and work processes, description of work tools (grouping, list of work equipment, and list of personal protective equipment);
• Data collection and recording of the organization of work (by reviewing documentation and actual conditions);
• Identification and determination of hazards and harmful effects in the workplace and work environment (according to the provisions of the rulebook);
• Risk evaluation concerning hazards and harmful effects (analyzing the likelihood and severity of consequences for employee health);
• Determination of methods and measures for elimination, prevention, or reduction of risks (through technical, organizational, health, and hygiene measures, training and professional development of employees, personal protective equipment, etc.);
• Conclusion (about the workplaces that were assessed, those with increased risk, and measures for risk elimination);
• Amendments and supplements to the risk assessment act.

Procedure for Conducting Risk Assessment

The risk assessment procedure is initiated by the employer’s resolution to start the risk assessment process, determining one or more individuals to carry out the risk assessment in accordance with this Rulebook, who are qualified professionals, meaning they possess the appropriate licenses and have passed the required exams.

The assessment is conducted based on a plan approved by the employer, whose elements are provided in this Rulebook.

Risk Assessment Act

It is important to note that Article 16 of the Law stipulates that the employer is obliged to adopt a Risk Assessment Act (“Act“) in written form for all workplaces in the work environment, as well as to determine the methods, measures, and timelines for the elimination or reduction of risks to the minimum possible level.

In accordance with the rulebook, employers are required to adopt the Act, compliant with the provisions of this Rulebook, by April 28, 2025.

2. Rulebook on the Method for Issuing, Renewing, or Revoking Licenses for Performing Activities in the Field of Occupational Safety and Health

With the entry into force of this regulation adopted based on the Law, the previous Rulebook on the Conditions for Issuing Licenses for Performing Activities in the Field of Occupational Safety and Health (Official Gazette of the RS No. 16/2018 and 5/2022) has ceased to be valid.

The Rulebook defines the procedure for issuing, renewing, and revoking licenses, as well as the content and format of applications for issuing and renewing licenses for performing relevant activities in the field of occupational safety and health, all aimed at ensuring quality and expertise in the field of occupational safety.

Although, as mentioned above, the Rulebook is applied from September 21, 2024, the provisions related to issuing licenses for consultants or collaborators in occupational safety and health and licenses for safety and health coordinators will apply only from November 1, 2024.

Key Provisions

Issuance of License

A license for performing relevant activities in occupational safety and health to a natural person, entrepreneur, or legal entity is issued by the minister responsible for labor by decision, in accordance with the Law.

The application for issuing or extending the validity of the license is submitted on the prescribed form to the ministry responsible for labor, specifically to

• the Labor Inspectorate for licenses for safety and health consultants or collaborators, coordinators in the project development phase, and coordinators in the execution phase, or
• the Administration for Occupational Safety and Health for licenses for responsible persons overseeing and inspecting work equipment and examining and testing electrical and lightning protection installations, for environmental condition assessments, and for chemical and physical hazards (except for ionizing radiation), microclimate and lighting, and for biological hazards in environmental conditions, for legal entities or entrepreneurs performing occupational safety and health activities, and for legal entities conducting inspections and checks of work equipment and electrical and lightning protection installations.

Based on the decision, a license is issued on the prescribed form.

Spatial and Technical Requirements

The rulebook stipulates the conditions regarding the spatial and technical equipment of legal entities and entrepreneurs performing activities defined by the regulation, as well as the rights and obligations of the authorities that determine compliance with these conditions through document review and physical inspections, recorded in a report.

Renewal of License

In the described procedure, the license can be renewed on the condition that the individual has acquired the appropriate number of points through continuous education during the license’s validity period.

Revocation of License

The Labor Inspectorate and the Administration for Occupational Safety and Health initiate the procedure for revoking a license based on a proposal from a labor inspector or authorized official responsible for supervision, along with a report confirming that the license holder is conducting activities contrary to the Law, or for reasons stipulated in this rulebook and the Law.

3. Rulebook on the Program and Method of Taking the Professional Examination for Performing Activities in Occupational Safety and Health and Duties of the Responsible Person

With the adoption of this rulebook, the previous Rulebook on the Program, Method, and Costs of Taking the Professional Examination for Performing Activities in Occupational Safety and Health and Duties of the Responsible Person (Official Gazette of the RS, Nos. 111/13, 57/14, 126/14, 111/15, 113/17 – other law, and 11/19) has ceased to be valid.

This Rulebook precisely defines the conditions, procedure, and content of the professional examination necessary for performing activities in the field of occupational safety and health and the duties of the responsible person.

Key Provisions

The professional examination is conducted at the ministry responsible for labor, and the costs of the examination are borne by the employer or the candidate.

The examination consists of a program which is an integral part of the rulebook. The Administration for Occupational Safety and Health is responsible for the availability of the program. The examination is conducted before a Commission appointed by the minister responsible for labor, whose members must have at least a Level 6 qualification.

The examination includes both oral and written parts.

Applications are submitted to the ministry along with the required documents, with the note that candidates can apply for different types of professional qualifications, but not simultaneously.

The Commission then determines the date for the examination, which cannot exceed three months from the receipt of the application and can be postponed.

The Commission keeps a record of the examination, and upon completion, the candidate is assessed as “passed” or “not passed.”

Based on this assessment, a license with the prescribed content is issued to the candidate who has passed.

4. Regulation on Amendments and Supplements to the Regulation on Occupational Safety and Health at Temporary or Mobile Construction Sites

The amendments and supplements relate to clarifying terminology, enhancing the responsibilities of investors and contractors, as well as introducing new safety measures that further improve employee protection.

Key Provisions

Unlike the previous descriptive term “before starting work on the construction site”, the investor or their representative is now required to inform the project execution coordinator about the introduction of the employer or another person no later than seven days before their work begins on the construction site.

A significant change involves the previous duties of the project execution coordinator on the construction site. When it comes to the obligation for daily site visits and keeping records on the prescribed form, the amendments have expanded and more precisely defined this obligation. It now details specific tasks of the coordinator in this regard.

Consequently, there is no longer an obligation to keep a record; instead, it is now a report that must be maintained on the prescribed form, both in paper and electronic formats.

This article is for informational purposes only and does not constitute legal advice. If you need further information, feel free to contact us.