On May 7, 2023, the new Occupational Health and Safety Act (“BZR Law”) came into force, introducing numerous innovations in the system of protecting workers’ rights and contributing to full alignment with European standards.
What is important and currently relevant is that the deadline for employers to align with this law is approaching, so it is essential to reflect on the key aspects and steps that need to be taken to fully comply with the regulations.
As a reminder, we highlight the most significant changes adopted by the new BZR Law:
- Home office and remote work, which are recognized for the first time as institutes of labor law;
- Mandatory safety training, as well as employees’ responsibility for workplace safety, including the employer’s obligation to conduct training on the proper use of equipment;
- The implementation of preventive measures for high-risk jobs, such as working at heights or depths, working on energy facilities, handling hazardous chemicals, and more;
- Mandatory medical examinations for employees;
- Periodic training for safe and healthy work for employees and managers;
- Enhancing the competence of safety and health professionals, which also includes renewing their licenses every five years to ensure continuous education and professional development.
As a logical consequence of adopting the new BZR Law, a group of new bylaws has also been adopted, further regulating occupational health and safety, such as:
- Regulation on amendments to the regulation on safety and health on temporary and mobile construction sites;
- Rulebook on the method and procedure for assessing risks in the workplace and working environment;
- Rulebook on procedures for inspecting and verifying work equipment, as well as inspecting electrical and lightning protection installations, and testing the working environment;
- Rulebook on the program and procedure for taking the professional exam for occupational safety and health work and for the responsible person’s duties;
- Rulebook on the appearance of badges and the appropriate type of clothing, footwear, and equipment for labor inspectors;
- Rulebook on the content of reports for organizing construction sites and work areas, and others.
Additionally, two new rulebooks, effective on April 28, 2025, are:
- Rulebook on preventive measures for safe and healthy work at heights; and
- Rulebook on the method of record-keeping and retention deadlines in occupational health and safety.
Given the announced strict penalties for non-compliance with the BZR Law, it is important to note that employers are obligated to fully align their operations with the changes in the BZR Law and all related bylaws adopted in the meantime, no later than May 7, 2025.
Compliance includes numerous innovations and changes, of which we will highlight the most relevant in this text, considering that Article 14 of the BZR Law stipulates that the employer must define rights, obligations, and responsibilities in the field of occupational health and safety in a general act.
Occupational Health and Safety Law
All individuals performing occupational health and safety duties must have the appropriate expertise and meet the detailed conditions for issuing and renewing licenses, which are issued for a period of 5 years. A request for a new license must be submitted no later than 60 days before the expiration of the current license. These individuals are defined in the law as safety and health advisors or associates.
Employers whose employees work from home or remotely are required to establish conditions for safe and healthy work, provide the necessary work tools, and define the work process associated with the employee’s tasks, including establishing preventive measures for safe and healthy work. They are also allowed to create a risk assessment for home or remote work in consultation with the employee.
In accordance with the new legal provisions, the employer is obligated to ensure that employees have personal protective equipment in good condition and provide training on its proper use. A greater number of training sessions are foreseen to serve as preventive measures. Employers must also conduct additional training in case of a serious injury, fatal injury, or collective injury at the workplace, within 8 days at the latest, and notify all employees.
The most significant change regarding medical examinations for employees requires employers to send employees for medical examinations appropriate to the risks at the workplace at regular intervals, at the employee’s request, and at the employer’s expense.
Compliance with Occupational Health and Safety Changes
Compliance with the new occupational health and safety provisions requires an active and preventive approach by the employer. In addition to the obligation to maintain and keep records specified in Article 62 of the BZR Law, a new institute, the “Work Injury Register,” is introduced. This register, in electronic form, is maintained by the Occupational Health and Safety Administration. Employers are required to enter data on all work-related injuries into the register.
It should be noted that the new BZR Law has tightened the penalty policy, introducing a significantly higher number of violations and fines exceeding one million dinars.
Regulations on Preventive Measures for Safe Work at Heights and Record-Keeping
Two new regulations, effective April 28, 2025, impose an obligation on employers to implement preventive measures to reduce the risk of injuries, particularly those arising from working at heights. Working at heights is defined as any work conducted in industrial and other unprotected environments at least two meters above a solid surface. Employers are obligated to assess risks and provide the necessary equipment, personal protective gear, rescue procedures, work permits, and systems to prevent falls, such as protective barriers or nets.
On the other hand, employees must be health-certified, undergo periodic medical examinations, and receive training for safe and healthy work.
Record-Keeping Regulations The new regulation specifies the forms that employers are obligated to maintain, including:
- Records of workplaces with increased risk, employees performing those tasks, and their medical examinations;
- Records of workplace injuries;
- Records of occupational diseases;
- Records of employees exposed to biological hazards of groups 3 and/or 4;
- Records of equipment inspections.
Regulation on Construction Site Organization Reports
The regulation on the content of reports for organizing construction sites prescribes mandatory conditions and details that must be included in the report for organizing construction and work sites. It focuses on improving safety and environmental protection during construction work, including specifics on hazardous and non-hazardous waste, and provides measures for reducing risks during construction.
This regulation emphasizes the mandatory use of appropriate protective equipment and tools, as well as procedures for analyzing and managing risks specific to construction sites. Compliance with this regulation contributes to better safety, efficiency, and reduced environmental impact during construction work.
Other Regulations
In addition to numerous innovations, we briefly discuss some other bylaws. Our recommendation is for employers to familiarize themselves with both the new BZR Law and individual regulations to align their operations, if they haven’t done so already.
For instance, the regulation on prohibiting work at temporary or mobile construction sites prescribes specific characteristics for work prohibition signs if an inspector determines that safety and health regulations have been violated, and the prohibition is marked by red tape.
The rulebook on inspecting and verifying work equipment and checking electrical and lightning protection systems mandates that employers conduct periodic checks of electrical installations in buildings every three years, while lightning protection inspections must be done within the time frame set by technical regulations.
Conclusion
The legislator’s intention in adopting the new BZR Law is to raise occupational health and safety standards to a higher level by clearly defining the rights and obligations of both employers and employees, with the goal of preventing harmful consequences. Whether and how these changes will be effectively implemented in practice remains to be seen in the near future.
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