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Here We Go Again: New Obligations for Employers Regarding Preventive Measures at Workplace

Here We Go Again: New Obligations for Employers Regarding Preventive Measures at Workplace

Serbia
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In accordance with the Law on Health and Safety at Work, the Ministry of Labour, Employment, Veteran and Social Affairs passed a Rulebook on preventive measures for safe and healthy work for prevention of onset and spreading of epidemic of communicable disease (“the Rulebook”), published in the Official Gazette of RS no. 94/2020 on 3 July 2020 that will enter into force on 11 July 2020.

Reasons for Rulebook adoption

Having in mind that the Order on declaration of epidemic of communicable disease COVID-19 of 19 March 2020 is still in force, the new Rulebook prescribes preventive measures that an employer shall be obliged to apply for preventing the onset and spreading of communicable disease and for eliminating the risk for safe and healthy work of employees and persons in the working environment.

Rulebook application

The Rulebook shall apply to all working posts in a working environment where work is conducted, except for field work and work from home.

Plan for measures application

The new Rulebook stipulates an obligation for employers to adopt a plan for application of measures for prevention of onset and spreading of communicable disease, which is an integral part of the risk assessment act that is adopted under the law and regulations in the field of health and safety at work.

The employer shall be obliged, during the epidemics, to adjust the plan for measures application with the decisions of a responsible authority.

The plan for measures application shall contain:

  • Preventive measures and activities for prevention of onset of epidemics of communicable disease;
  • Duty to implement and control the implementation of preventive measures and activities
  • Measures and activities for acting in case of onset of epidemics of communicable disease.

Plan for implementation of measures shall be adopted by employers by 10 August 2020.

Employer obligations

The employer shall be obliged to ensure the application of preventive measures at all working places in the working environment, in particular:

  • Before the outset of work, to ensure written instructions and directives on measures and actions for prevention of onset of epidemics of communicable disease, which contains the information on symptoms of communicable disease;
  • Depending on possibilities, if work in shifts has not been organised, to redistribute working hours by introducing second or third shift with fewer employees;
  • To intensify hygiene and disinfection of working and auxiliary premises, including regular disinfection of premises and frequent ventilation of working premises;
  • To provide employees with sufficient soaps, paper towels, tap water and alcohol-based disinfectants for handwashing;
  • To ensure regular cleaning of all surfaces in working premises that are frequently touched, particularly premises and equipment such as toilets, door handles, fixed telephones, computer equipment and other working tools;
  • To regulate record keeping on disinfection of working and auxiliary premises that is organised and implemented
  • To ensure preparation of instructions for safe and healthy work with contractors, suppliers, distributers and external associates;
  • To organise and ensure regular removal of waste and trash (bins containing plastic bags) from premises so that they can be emptied without contact with their contents.

Employers shall also be obliged to ensure the application of preventive measures in case of onset of communicable disease among employees, in particular:

  • Premises where the infected employee stayed shall be regularly mechanically and chemically disinfected and ventilated;
  • Respecting of procedures for entry into and exit from employer’s premises, use of prescribed means and equipment for personal protection at work and other measures for protection during work;
  • Precise definition of employee movement directions through working and auxiliary premises;
  • Organisation of strict control of movement for employees from organisational unit where the infected employee worked;
  • Contacts of employees from organisational unit where the infected employee stayed with other employees shall be reduced to necessary minimum, including prescribed measures of protection;
  • Application of all other measures as recommended by the epidemiologists.

The Rulebook also prescribes the obligations of employees regarding the application of indicated measures.

This article is to be considered as exclusively informative, with no intention to provide legal advice.
If you should need additional information, please contact us directly.

By Jovana Milic, Senior Associate, and Natalija Dukic, Associate, PR Legal

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