Introduction
Occupational health and safety council
Internal health and safety services
External health and safety services
Implementation and record keeping
The legislature has recently approved additional obligations on employers for the protection of health and safety at work, with the publication of two decisions by the Council of Ministers in the Official Gazette on March 7 2011:
- Decision 107 (of February 9 2011) on the composition, organisation rules and functioning of the occupational health and safety council, and representation of employees; and
- Decision 108 (of February 9 2011) on the qualifications required for employees, persons and specialised services dealing with health and safety at work.
These decisions lay out special procedures to be observed by all employers for the protection of their employees' physical and mental health, with the aim of improving workplace conditions. Furthermore, the decisions set out specific rules regarding the organisation and functioning of the occupational health and safety council, as well as classifying the services (both internal and external) to be provided to employees.
Occupational health and safety council
In line with the provisions of Law 10237 on health and security at work, dated February 18 2010, the occupational health and safety council must be established as an advisory partner entity for all companies and institutions. The composition of the council should reflect a balanced participation of representatives from both the employer and its employees.
Undertakings with fewer than 50 employees are not obliged to establish an occupational health and safety council if the materials and working processes used do not pose significant health and safety risks. The authorities are yet to clarify which materials and working processes present such risks.
The two decisions provide that companies or institutions with more than 50 employees shall be categorised under four classes (A, B, C and D), according to the total number of employees. For companies in these classes, the number of council members representing employees will vary from three to nine representatives.
If a company has materials or working processes that pose a high health and safety risk, it must establish a respective council, regardless of its total number of employees. The number of council representatives will be:
- one employee representative for companies with fewer than 50 employees; and
- three to nine employee representatives for companies with more than 50 employees, depending on the total number of employees.
Employee representatives shall be chosen by secret ballot. Once elected, their mandate will be for two years, with the right to stand for re-election. In accordance with the equality principle set out by Law 10237, the employer will then appoint an equal number of representatives to the council.
Internal health and safety services
The internal health and safety service of a company plays a direct role in the protection of heath and safety in the workplace. Decision 107 provides that such a service shall be structured by the employers, in accordance with the risk assessment document that it has prepared. This document should:
- outline the work process characteristics;
- identify possible health and safety risks; and
- determine the appropriate protection measures that should be taken.
The tasks of the internal health and safety service in a company or institution are always performed by one or more 'responsible persons', who are appointed by the employer from among its employees. Decision 107 classifies all employers in categories according to their total number of employees, starting from companies with more than 20 employees. The number of employees appointed as responsible persons at each company is calculated by comparing the total number of employees to the number of working days a year. Employees appointed as responsible persons are required to have knowledge of (ie, receive training in) the following areas:
- safety at work;
- workplace medicine;
- ergonomics;
- industrial hygiene; and
- psycho-social aspects of work, including violence and sexual harassment at work.
Employers with fewer than 20 employees have a legal obligation to contract with external specialised persons or procure services for the preservation of health and safety in the workplace.
The responsible persons will be directly involved in performing a health and safety risk analysis. They will also perform other tasks such as:
- assisting the employer in drafting instructions regarding the working environment and the correct use of work equipment;
- cooperating in the training of employees; and
- maintaining regular contact with external specialised persons or services and labour inspectors.
External health and safety services
The Council of Ministers' decisions provide that employers which cannot provide health and safety measures internally must contract with external specialised persons or services in order to comply with their legal obligation to prevent health-related risks and protect safety at work. Companies are also required to contract with external professional experts for the provision of health and safety services that require specific knowledge, capacities and tools.
External specialists are required to be professionally specialised in the following areas:
- safety at work;
- workplace medicine;
- ergonomics;
- industrial hygiene; and
- psycho-social aspects of work, including violence and sexual harassment at work.
Implementation and record keeping
It is the responsibility of the employer to file and keep all periodic reports prepared by both the internal and external services and to put them at the disposal of labour inspectors in the event of inspections. The establishment and functioning of all health and safety services must take place no later than six months from the entry in force of the two Council of Ministers' decisions (ie, after their publication in the Official Gazette).
For further information on this topic please contact or Elda Shuraja at Hoxha Memi & Hoxha by telephone (+355 4 2 27 4558), fax (+355 4 2 244 047) or email ([email protected]).