New employment regulations adopted

The Ministry of Labor, Employment, Veteran, and Social Affairs has issued two new regulations concerning workplace safety and health, which will come into effect on April 28, 2025. These are the Rulebook on preventive measures for safe and healthy work at heights and the Rulebook on the method of record-keeping and retention periods in the field of occupational safety and health.

The Rulebook on preventive measures for safe and healthy work at heights precisely defines the obligations of employers regarding the implementation of preventive measures to reduce the risk of injuries that may occur during work at heights. Work at heights includes all activities carried out by employees in industrial and other protected and unprotected vertical environments at heights of two meters or more above a solid surface. In this regard, the regulation outlines specific scenarios considered work at heights, such as work on scaffolding, work platforms, or ladders, maintenance of installations in industrial facilities, work on electrical and power poles, and any work determined by the employer through a risk assessment in accordance with safety and health regulations, among others.

According to the regulation, employers are required to take appropriate technical measures, use suitable equipment, and implement preventive measures to create a safe work environment. Employers are also obligated to provide employees with personal protective equipment to prevent falls from heights, establish rescue procedures, and implement systems to prevent falling. The regulation mandates employers to assess the risk of injury for all work posts where work at heights could be performed. The purpose of this assessment is to identify potential hazards that could lead to injuries or health issues for employees and to implement measures to eliminate or mitigate these risks. When conducting assessments, employers must consider various factors that could pose potential dangers, such as presence of unsecured edges and openings that could cause falls, hazards related to weather conditions, proximity to power lines, and other electrical installations. At the same time, employers must provide employees who work at heights with initial and periodic medical examinations and inform them of all types of risks that may arise.

The second new regulation is the Rulebook on the method of record-keeping and retention periods in the field of occupational safety and health. According to this regulation, employers are required to maintain various types of records, including information such as those concerning: high-risk work posts, employees working in these posts, and medical examinations for these employees, workplace injuries, illnesses caused by the work conditions, employees exposed to carcinogens or mutagens, chemical substances, and asbestos, as well as health conditions and exposure levels. Most of these records can be kept electronically, except for records of employees trained in safe and healthy work practices and the proper use of personal protective equipment.

A safety and health advisor or associate is responsible for completing and signing the forms, with mandatory employer certification. In the case of electronic records, the employer is required to use a qualified electronic signature when signing the forms, in accordance with specific regulations. The Regulation on the Method of Record-Keeping and Retention Periods in the Field of Occupational Safety and Health specifies the mandatory data each record must contain, as well as the forms that are an integral part of the regulation.

It is expected that the implementation of these new regulations will significantly improve safety standards, reduce workplace injuries, and increase employer accountability. We anticipate that employers will be motivated to improve their practices and procedures to comply with legal requirements, contributing to a safer and healthier work environment.

Furthermore, rigorous record-keeping and long-term data retention on occupational safety and health can help identify patterns of injuries and illnesses, laying the foundation for the introduction of proactive measures and prevention strategies. These changes are expected to raise awareness of workplace safety and health and encourage companies to develop a culture that promotes occupational safety.

Ultimately, whether compliance with rules and the implementation of measures will lead to positive outcomes largely depends on the individual efforts and commitment of employers and employees alike.

Author: Danka Filipović, Associate at IVVK Lawyers

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