January 24, 2018.

Enactment of New Employment Subordinate Legislation

Rules regarding specific elements of risk evaluation, frequency of inspection based on risk evaluation and specific elements of inspection scheduling in the field of employment and health and safety at work

On January 4, 2018 the Rules regarding specific elements for risk evaluation, frequency of inspection based on risk evaluation and specific elements of inspection scheduling in the field of employment and health and safety at work, enacted by the Ministry of Employment on the basis of the Law on Inspection, came into force.

The Rules specify the criteria for determining the level of risk in specific industries, which dictate the frequency of inspection. The level of risk ranges from negligible to extremely high. There are several factors making the level of the risk high. One of the factors is the nature of the industry; for example, the risk is highest in the agriculture, forestry, mining industry, and construction; it is slightly lower in the production of chemicals, tires, metals, machinery; and it is lowest in the field of financial activities and business services. Other contributing factors for higher risk are: large number of employees; the level of risk determined to be high under the previous inspection; work-site injuries sustained in the past 3 years, as well as violation of laws and regulations identified during the inspection in the past 3 years. It can be expected, with a fair amount of certainty, that labor inspections will be more frequent of those employers where the following has been noted: fatal work-site injuries, heavy work-site injuries with fatal outcome, or just heavy work-site injuries, unreported employment, or if there is a suspicion that the employer has committed a criminal act (cases of high level of risk presumption). In cases of critically high or high level of risk, labor inspection shall be conducted at least once every 6 months; in cases of medium risk at least once a year and in cases of low or negligible level of risk at least once every two years.

For more information please contact Iva Popovic at ipopovic@pricapartners.com