(Editorially Revised Text, “Official Gazette,” No. 71/14, 118/14 – Correction, 154/14, 94/18, and 96/18 – Correction)

I. GENERAL PROVISIONS

Subject and Purpose of the Law

Article 1.

(1) This Law regulates the occupational safety and health system in the Republic of Croatia, especially the national policy and activities, general principles of prevention and rules of occupational safety and health, employer’s obligations, rights and duties of workers and workers’ representatives for occupational safety and health, activities related to occupational safety and health, as well as supervision and misdemeanor liability.

(2) The purpose of this Law is the systematic improvement of worker safety and health protection and the prevention of workplace injuries, occupational diseases, and work-related illnesses.

(3) To enhance workplace safety and health, this Law prescribes general principles for preventing workplace risks and safeguarding health, rules for eliminating risk factors, worker training procedures, and procedures for informing and consulting workers and their representatives with employers and their authorized representatives.

(4) This Law also prescribes additional protection requirements for particularly vulnerable groups of workers and individuals in the workplace, addressing risks specific to them.

Article 2.

(1) This Law transposes the following European Union Directives into the legal framework of the Republic of Croatia:

1) Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29 June 1989)

2) Directive 2007/30/EC of the European Parliament and of the Council of 20 June 2007 amending Council Directive 89/391/EEC, its individual directives, and Council Directives 83/477/EEC, 91/383/EEC,

92/29/EEC, and 94/33/EC with regard to the simplification and rationalization of the reports on practical implementation (OJ L 165, 27 June 2007)

3) Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile construction sites (eighth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 245, 26 August 1992)

4) Council Directive 91/383/EEC of June 25, 1991, amending measures to encourage improvements in the safety and health of workers with fixed-term and temporary employment contracts (OJ L 206, July 29, 1991)

5) Council Directive 92/85/EEC of October 19, 1992, introducing measures to encourage improvements in the safety and health of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 348, November 28, 1992)

6) Council Directive 94/33/EC of June 29, 1994, on the protection of young people at work (OJ L 216, August 20, 1994).

(2) The Government of the Republic of Croatia shall submit a consolidated report to the European Commission on the implementation of Directive 89/391/EEC and individual directives, as specified in content and deadlines by Directive 2007/30/EC.

Explanation of Terms

Article 3.

(1) The terms used in this Law and regulations issued based on this Law shall have the following meanings:

1) Biological hazards are biological agents, including genetically modified ones, cell cultures, and endoparasites of human and animal origin, which can cause infection, allergy, or poisoning, and are used in work or present in the work environment

2) Work-related diseases are diseases caused by multiple factors, of which work is one

3) Other person is a person who, for any reason, is at the workplace (business partner, service provider, etc.)

4) Explosive atmosphere is a mixture of air with flammable gas or vapor or mist or dust under atmospheric conditions in which, after ignition, combustion spreads throughout the mixture, making it a potential source of explosion or fire at the workplace, which can result in injury to workers and other persons

5) Remote workplace is a workplace where a worker performs the contracted job at home or in another space that is not the employer’s premises

6) Workplace is any place where workers and persons at work must be, go, or have access to during work for tasks they perform for the employer, as well as any space or room used by the employer for performing tasks and under their direct or indirect supervision

7) Efforts include static and dynamic efforts, psychophysiological efforts, visual efforts, and speech efforts that can cause harm to the health of exposed workers

8) Accident is an unexpected and unwanted event at work or in connection with work that did not cause injury to workers but, under minimally altered subjective or objective circumstances, could do so if repeated

9) Hazardous chemicals are substances, mixtures, and preparations in accordance with special regulations

10) Hazards include all conditions at work and in connection with work that may endanger the safety and health of workers

11) Person at work is a natural person not employed by that employer but performing certain activities or jobs for them (person undergoing on-the-job training; seasonal worker performing temporary or occasional seasonal work in agriculture; person working on specific jobs in accordance with special regulations; regular student and regular high school student working in accordance with special regulations; person working as a volunteer, scientist, student, or trainee; person working during the serving of a prison sentence or correctional measure, etc.)

12) Authorized person is a worker to whom the employer, regardless of other contractual arrangements, has given authority to implement occupational safety and health measures

13) Authorized entity is a legal or natural person authorized by the ministry responsible for labor to perform occupational safety and health tasks

14) Workplace injury is an injury to a worker that occurs on the employer’s premises where they work, use, or have access to during work, or in another space that is not the employer’s premises but where the worker is performing work

15) An employer is a natural or legal person for whom a worker or person on duty performs tasks

16) Jobs with special working conditions are jobs in which a worker working in those jobs must, in addition to the general conditions for establishing an employment relationship, meet prescribed special conditions related to age, professional qualifications, health status, or mental capacity

17) A workers’ representative for occupational safety and health is a worker who, in accordance with this Law, is elected to represent the interests of workers in the field of occupational safety and health

18) Prevention is a planned or implemented measure in every work process by the employer, with the aim of preventing or reducing occupational risks

19) A workplace is a temporary or mobile place of work, such as a construction site, forestry workplace, shipbuilding site, as well as places where temporary maintenance, demolition, and repair work, agricultural work, and work on mineral resources exploration and exploitation are performed

20) Work equipment includes machinery and equipment, facilities, means for transporting and carrying loads, tools, scaffolding, and other equipment for occasional work at height

21) The work environment consists of physical, chemical, and biological factors at the workplace and in its surroundings

22) A worker who is breastfeeding a child is a worker who is the mother of a child under the age of one year who is breastfeeding and who has informed the employer of this in writing at the latest 30 days before returning to work

23) A worker who has recently given birth is a worker who has given birth less than six months ago and has informed the employer of this in writing

24) A worker is a natural person who performs tasks for an employer in an employment relationship

25) Risk is the product of the probability of the occurrence of a dangerous or harmful event and the harmfulness of that event, or its consequences

26) A specialist in occupational medicine is a specialist selected by the employer in accordance with regulations on specific health care and health insurance

27) Work means buildings intended for work with associated installations, devices, and equipment, as well as means of transportation and work equipment

28) Workplace stress refers to health and psychological changes resulting from the cumulative impact of stressors at work over an extended period, manifested as physiological, emotional, and cognitive reactions and changes in worker behavior

29) An occupational safety specialist is a worker designated by the employer to perform occupational safety tasks and who meets the prescribed requirements for performing those tasks

30) Hazards are chemical, biological, and physical hazards that can cause harm to the health of workers and other persons exposed to them

31) A pregnant worker is a female worker who has informed the employer in writing about her pregnancy

32) Occupational safety is a system of rules, principles, measures, procedures, and activities, the organized application of which ensures and improves safety and health protection at work, with the aim of preventing occupational risks, occupational injuries, occupational diseases, work-related illnesses, and other material and non-material damage at work and in relation to work.

(2) Terms used in this Act that have gender significance are used neutrally and apply equally to both male and female genders.

Scope of Application

Article 4

(1) The provisions of this Act shall apply in all activities in which workers perform tasks for the employer.

(2) The provisions of this Act do not apply to a tradesperson who operates the trade alone, nor to an employer

represented by one natural person who is also the sole worker at the employer, except when specific activities are

performed by persons on duty for them.

(3) Individuals referred to in paragraph 2 of this article are obliged to apply this Act when performing work together

with another person or with several other persons at the same workplace.

(4) When performing specific tasks for which, due to their specific nature and inevitable contradictions with this Act,

the general principles of prevention cannot be fully applied, such as certain tasks of the Armed Forces of the Republic

of Croatia, police, protection and rescue services, personal and property protection, firefighters, pyrotechnicians, and

other specific tasks, occupational safety is regulated by special regulations or recognized occupational safety rules.

(5) The obligations of the employer in implementing occupational safety prescribed by this Act and regulations

issued under this Act apply to persons on duty if otherwise not prescribed by this Act.

(6) The provisions of this Act do not apply to domestic service.

II. NATIONAL POLICY AND ACTIVITIES

Special Social Interest in Protecting Life and Health at Work

Article 5

(1) Life, health, and preserving work capacity are values of special social interest in the Republic of Croatia.

(2) Occupational safety, as organized systematic action, is of public interest.

Authority of the Government of the Republic of Croatia

Article 6.

(1) The Government of the Republic of Croatia (hereinafter: the Government) systematically monitors the state of

occupational safety in the Republic of Croatia and, in consultation with representatives of employers and workers, determines,

proposes, implements, and systematically reviews the occupational safety policy and proposes amendments to legislation

to improve worker safety and health protection, for which purpose it establishes the National Council for Occupational Safety.

(2) The National Council for Occupational Safety consists of seven members.

(3) The members of the National Council referred to in paragraph 2 of this Article shall be appointed by the Government

by decision as its advisory body for occupational safety, and it shall consist of two representatives proposed by the minister

responsible for labor (hereinafter: the minister), one representative proposed by the minister responsible for health, and

two representatives of employers and workers proposed by representative employer and worker associations of higher level

in accordance with special regulations.

(4) The ministry responsible for labor, in cooperation with the National Council for Occupational Safety, proposes to the

Government the adoption of the National Occupational Safety Program, which is published in the “Official Gazette”.

(5) Administrative tasks for the National Council for Occupational Safety shall be performed by the ministry responsible for labor.

Article 7.

(1) The National Council for Occupational Safety:

1) monitors, analyzes, and evaluates the occupational safety system and policy and reports its findings and assessments to

the Government and proposes necessary changes

2) monitors the effects of the application of this Act, its implementing regulations, special laws, and other regulations that protect

worker safety and health in the Republic of Croatia and, if necessary, proposes to the Government their amendments and their harmonization

with international regulations

3) provides opinions on draft impact assessments of regulations and draft regulatory proposals in the field of occupational safety

4) proposes measures to improve the occupational safety system in the Republic of Croatia

5) participates in organizing the celebration of National Occupational Safety Day

6) performs other tasks at the request of the Government.

(2) The President of the National Council is elected by the members of the National Council at their first meeting.

Article 8

(1) In order to improve occupational safety in the Republic of Croatia, legal and natural persons may be

awarded recognitions and awards.

(2) The Minister shall prescribe, by a regulation, the types of recognitions and awards, their appearance, or the

monetary amount, and the procedure, method, and conditions for awarding recognitions and awards.

National Occupational Safety Day

Article 9

National Occupational Safety Day is celebrated in the Republic of Croatia on April 28, on the World Day for Occupational Safety and Health.

III. RULES OF OCCUPATIONAL SAFETY AND GENERAL PREVENTION PRINCIPLES

Occupational Safety Rules

Article 10

(1) Occupational safety as organized action encompasses a system of rules, especially:

1) rules for the design and manufacture of work equipment

2) rules for the use, maintenance, inspection, and testing of work equipment

3) rules related to workers and the adaptation of work processes to their gender, age, physical, mental, and psychological abilities

4) methods and procedures for training and informing workers and employers with the aim of achieving an adequate level of occupational safety

5) methods and procedures for cooperation between employers, workers, their representatives and associations, as well as state institutions and bodies responsible for occupational safety

6) the prohibition of placing workers in a less favorable position due to activities taken for occupational safety

7) other measures to prevent occupational risks with the aim of eliminating risk factors and their harmful consequences.

(2) Occupational safety, as a systematically organized activity, is an integral part of work organization and execution

which the employer achieves by applying basic, special, and recognized occupational safety rules in accordance with general prevention principles.

General Prevention Principles

Article 11

The employer is obliged to implement occupational safety based on the following general prevention principles:

1) avoiding risks

2) assessing risks

3) preventing risks at their source

4) adapting work to workers concerning workplace design, selection of work equipment, as well as the method of work and work procedures to mitigate monotonous work, work with imposed rhythms, work according to performance in a given time (norm-based work), and other efforts aimed at reducing their harmful effects on health

5) adapting to technical progress

6) replacing dangerous with non-dangerous or less dangerous

7) developing a consistent comprehensive prevention policy by connecting technology, work organization, working conditions, human relations, and the impact of the working environment

8) giving preference to collective protective measures over individual ones

9) providing adequate training and information to workers

10) providing free prevention or occupational safety measures for workers.

Basic Occupational Safety Rules

Article 12

(1) Basic rules for occupational safety and health contain requirements that the work equipment must comply with when in

use, in particular:

1) protection against mechanical hazards

2) protection against electric shock

3) prevention of fire and explosion

4) ensuring mechanical resistance and stability of buildings

5) providing the necessary working surface and workspace

6) ensuring necessary passages for the movement, transportation, and evacuation of workers and other persons

7) ensuring cleanliness

8) ensuring prescribed air temperature and humidity and limiting air flow velocity

9) ensuring prescribed lighting

10) protection against noise and vibrations

11) protection against harmful atmospheric and climatic influences

12) protection against physical, chemical, and biological harmful effects

13) protection against excessive exertion

14) protection against electromagnetic and other radiation

15) providing facilities and equipment for personal hygiene.

(2) Basic rules for occupational safety and health take precedence in application over special rules for occupational

safety and health.

Special rules for occupational safety and health

Article 13

(1) If risks to the safety and health of workers cannot be eliminated or can only be partially eliminated

through the application of basic rules for occupational safety and health, special rules for occupational safety and health shall also be applied,

relating to workers, the manner of performing tasks, and work procedures.

(2) Special rules for occupational safety and health include requirements regarding age, gender, completed professional education

and other forms of training and improvement for work, health condition, physical condition,

psychophysiological and psychological abilities, which workers must meet when performing tasks under

special working conditions.

(3) Special rules for occupational safety and health, in addition to the requirements of paragraph 2 of this Article, also contain rights and obligations related to

1) organization of working time and use of breaks

2) the manner of using appropriate personal protective equipment

3) specific procedures for the use or exposure to physical hazards, hazardous

chemicals, or biological hazards

4) placement of safety signs providing information or instructions

5) instructions on work procedures and the method of performing tasks, especially regarding the duration of the job,

performing repetitive tasks, and work on an output basis within a certain time frame (piecework), as well as exposure

of workers to other work-related exertion

6) procedures for dealing with injured or ill workers until

emergency medical assistance is provided or until admission to a healthcare institution.

Recognized rules for occupational safety and health

Article 14

If the legal system of the Republic of Croatia does not have occupational safety and health regulations that an employer should apply for the safety and health of workers,

recognized rules for occupational safety and health shall be applied, involving standards, professional rules, or proven practical methods, through

which workplace risks are eliminated or reduced and the occurrence of work-related injuries,

occupational diseases, work-related diseases, and other harmful consequences for workers is prevented.

Application of the most favorable rights for the worker

Article 15

This Law and its implementing regulations prescribe minimum occupational safety and health requirements, but do not affect

the application of more favorable occupational safety and health measures if such more favorable measures are prescribed by law, other regulations,

or collective agreements, agreements concluded between the workers’ council and the employer, or employment contracts.

Authority of Ministers to enact sublegal regulations

Article 16

(1) Sublegal regulations on occupational safety and health shall be enacted by the minister responsible for health, with

the consent of the minister, based on the powers prescribed by this Law.

(2) Sublegal regulations related to health protection at work shall be enacted by the minister responsible for

health, based on the powers prescribed by this Law and special regulations in the field

of health protection.

(3) Sublegal regulations on occupational safety and health in specific areas of activity shall be prescribed by

the competent ministers with the consent of the minister.

(4) The minister responsible may, for the purpose of preparing sublegal regulations under paragraphs 1, 2, and 3 of this article, entrust

a scientific or professional institution or scientists or experts

on specific issues related to occupational safety and may appoint working groups to draft

proposals for regulations.

IV. EMPLOYER’S OBLIGATIONS IN IMPLEMENTING OCCUPATIONAL SAFETY AND HEALTH

1. Organization and Implementation of Occupational Safety and Health

General Obligations of the Employer Regarding the Organization and Implementation of Occupational Safety and Health

Article 17

(1) The employer is obliged to organize and implement occupational safety and health, taking into account risk prevention

and information, training, organization, and resources.

(2) The employer is obliged to implement prevention in all work processes, in work organization and

management of work processes, ensuring the highest possible level of occupational safety and

health for workers.

(3) In organizing and implementing occupational safety and health, the employer is obliged to consider the nature of the

tasks performed and adapt occupational safety and health to changing circumstances to improve conditions.

(4) In the organization of the work process and assigning tasks to workers, the employer is obliged to take into account

the abilities of workers that can affect occupational safety and health.

(5) To improve the safety and health protection of workers, the employer is obliged to enhance the level of occupational safety and

health protection and align work processes with changes and advancements in the fields of technology,

healthcare, ergonomics, and other scientific and professional fields, and to organize

them in a way that reduces workers’ exposure to hazards, harmful factors, and exertion as prescribed

in the regulation under Article 18, paragraph 6 of this Law, especially exposure to repetitive work, work with

imposed rhythm, work based on performance within a specified time (piecework), to prevent work-related injuries,

occupational diseases, and work-related illnesses.

(6) The costs of implementing occupational safety and health shall be borne by the employer, and its implementation

shall not be charged to the worker.

(7) The minister responsible for health, with the prior consent of the minister, shall prescribe by regulation measures,

rules, procedures, and activities for the occupational safety and health of workers exposed to static-dynamic, psychophysiological,

and other exertions.

Obligation of Risk Assessment at Work

Article 18

(1) The employer is obliged, taking into account the work and its nature, to assess the risks to life and

health of workers and persons at work, especially regarding work equipment, work environment, technology,

physical hazards, chemicals, or biological agents used, workplace layout,

organization of work processes, work uniformity, static-dynamic and psychophysiological exertions, work with

imposed rhythm, work based on performance within a specified time (piecework), night work, psychological work

load, and other risks present, to prevent or reduce risks.

(2) The employer is obliged to have a risk assessment in written or electronic form, which

corresponds to existing risks at work and related to work and which is available to workers at the workplace.

(3) Based on the risk assessment, the employer is obliged to apply occupational safety and health rules, preventive

measures, organize and implement work and production processes, methods and take other

activities to prevent and reduce workers’ exposure to identified risks, to eliminate or minimize

the probability of occupational injuries, occupational diseases, and work-related illnesses, and to ensure better

occupational safety and health protection at all levels of work organization and management.

(4) Omissions made in the risk assessment process (e.g., failure to identify the likelihood of a hazardous or

harmful event at work or related to work, incorrect assessment of the harmfulness of an event, or

underestimation of its harmful consequences, etc.) do not exempt the employer from obligations and responsibilities

related to occupational safety and health.

(5) The employer is obliged to include workers or their representatives in the risk assessment process and

keep documented records of this.

(6) The minister shall, by regulation, prescribe the conditions, methods, and procedures for conducting the risk assessment,

mandatory contents covered by the assessment, data on which the risk assessment must be based, and the classification

of hazards, harmful factors, and exertions at work and related to work.

Employer’s Responsibility for the Organization and Implementation of Occupational Safety and Health

Article 19

(1) The employer is responsible for organizing and implementing worker safety throughout all parts

of the work organization and in all work processes.

(2) In accordance with general labor regulations, rules, or other acts, the employer determines the organization

of implementing worker safety, as well as the rights, obligations, and responsibilities of authorized persons

and workers, if these matters are not regulated by this Law and regulations issued based on it, collective

agreements, agreements concluded between the workers’ council and the employer, or employment contracts.

(3) The employer is responsible for organizing and implementing worker safety, regardless of whether they have

employed one or more occupational safety and health experts or have contracted the performance

of occupational safety and health tasks with a person authorized to perform such tasks.

(4) Delegating authority for the implementation of worker safety does not exempt the employer from responsibility.

(5) The responsibilities of the employer under paragraph 1 of this Article are not affected by the prescribed obligations

of workers in the field of worker safety.

Contracting the Performance of Worker Safety Tasks

Article 20

(1) The employer is obligated to establish and carry out worker safety tasks in accordance with the risk assessment,

the state of worker safety, and the number of workers.

(2) An employer employing up to and including 49 workers may perform the tasks mentioned in paragraph 1

of this Article independently if they meet the prescribed conditions, or they can contract the performance

of these tasks through an employment contract with an occupational safety and health expert.

(3) An employer employing 50 to 249 workers is obliged to contract the performance of tasks mentioned in paragraph 1

of this Article through an employment contract with an occupational safety and health expert.

(4) An employer employing 250 or more workers is obliged to contract the performance of tasks mentioned in paragraph 1

of this Article through an employment contract with one or more occupational safety and health experts

in accordance with the implementing regulation specified in paragraph 9 of this Article.

(5) An employer can contract the performance of tasks mentioned in paragraph 1 of this Article with an authorized person

only if, for objective and justified reasons, they are unable to perform these tasks themselves, or they cannot contract

these tasks in the manner described in paragraphs 2, 3, and 4 of this Article.

(6) If the employer has contracted the performance of worker safety tasks with an authorized person, that person

must designate, in writing, one or more occupational safety and health experts to perform worker safety tasks for that employer.

(7) Multiple employers operating at the same location may mutually contract the joint performance of worker safety tasks,

applying the criteria of the number of workers and other criteria specified in paragraphs 1, 2, 3, and 4

of this Article.

(8) Workers, occupational safety and health experts, workers’ safety representatives, and authorized persons

are obliged to cooperate in the implementation of worker safety.

(9) The Minister shall prescribe, by regulation, the types, levels of professional qualifications, and the number

of occupational safety and health experts, as well as the methods and conditions for performing worker safety tasks at an employer’s,

depending on the risks, activities, and number of workers.

Worker Safety Tasks

Article 21

(1) Worker safety tasks include in particular:

1) providing professional assistance to the employer and their authorized persons, workers, and workers’ safety representatives

in implementing and improving worker safety;

2) participating in the development of the business strategy and operational plans and programs of the employer,

to the extent that they must relate to worker safety, and participating in the application of managerial methods

Article 22

(1) The employer is obliged to enable the occupational safety and health expert to fulfill their obligations

and is required to provide them with the necessary time, equipment, assistance from other professional workers,

and other working conditions, as well as professional independence, and must not put them in a disadvantaged position

due to the performance of occupational safety and health tasks in accordance with the provisions of this Law,

other regulations, and professional rules.

(2) The employer is required to provide opportunities for the occupational safety and health expert to undergo professional development

in occupational safety and health and bear the costs of such training.

(3) The Minister, by regulation referred to in Article 20, paragraph 9 of this Law, shall prescribe the manner and conditions for taking

the professional examination for occupational safety and health experts, the composition and working method of the examination commission,

the amount of fees for covering the costs of taking the professional examination for occupational safety and health experts,

conditions for recognizing the status of occupational safety and health experts, forms of continuous professional development, and methods of evaluation,

as well as the record-keeping of certificates issued to occupational safety and health experts.

Authorized Person

Article 23

The employer may, in writing, delegate the implementation of worker safety to their authorized person within the scope

of their work.

Duties of the Authorized Person

Article 24

(1) An employer who implements worker safety through the actions of an authorized person shall be required to authorize

the authorized person, in particular, to:

1) prevent workers who are not trained to work safely from working without supervision by a trained worker;

2) prevent workers who have not been properly assessed from performing jobs with special working conditions or, in the case

of workers who no longer meet the required conditions, prohibit them from continuing to perform jobs with special working conditions;

3) prevent especially sensitive groups of workers from performing jobs that could be harmful to them;

4) take out of use work equipment that is not operational or safe, as well as personal protective equipment on which

changes have occurred that pose risks to the safety and health of workers;

5) ensure, in collaboration with the occupational safety and health expert, the recording of every accident and injury at work,

and every case of worker compliance with the provisions of Article 69, paragraphs 3 and 4 of this Law;

6) supervise that workers comply with safety rules, instructions from the employer, or manufacturers of work equipment, personal

protective equipment, hazardous chemicals, and biological hazards, and that they use prescribed personal protective equipment;

7) prohibit a worker from working if they are working contrary to paragraph 6 of this subsection;

8) ensure the necessary number of workers trained for evacuation and rescue, for providing first aid, and provide them with all necessary equipment;

9) ensure that alcoholic beverages are not consumed during work, and that other addictive substances are not used, and prohibit workers

who are under the influence of alcohol or other addictive substances from working and remove them from the workplace.

(2) The employer is obliged to provide the authorized person with the conditions for work and must not put them in a disadvantageous position

due to taking actions in accordance with the safety at work rules and following the rules of the profession and the given authorizations of the employer.

(3) The conditions for work referred to in paragraph 2 of this Article shall include the authorized person’s independence in making and implementing decisions,

as well as independence in disposing of the resources that the employer is obliged to provide.

2. Liability for Work-Related Damage

Employer’s Liability

Article 25

(1) An occupational injury or professional illness suffered by a worker while performing tasks for the employer

is considered to be work-related, and the employer is liable for it based on the principle of objective liability.

(2) The employer may be exempt from liability or have their liability reduced if the damage occurred due to force majeure,

intent, or extreme negligence of the worker or a third party over whom the employer had no control and whose consequences

could not have been avoided despite occupational safety measures.

Liability of the Authorized Person and Their Occupational Safety Expert

Article 26

(1) The authorized person referred to in Article 82 of this Law is liable for work-related damage caused to the employer

or the worker during the performance of occupational safety tasks if they do not comply with the provisions of this Law and other regulations.

(2) General mandatory legal regulations shall apply to the determination of liability under paragraph 1 of this Article.

3. Training for Safe Work

Obligation to Train Workers for Safe Work

Article 27

(1) The employer is obligated, based on risk assessment, to train workers for safe work as follows:

1) before commencing work

2) in case of changes in work procedures

3) upon the introduction of new work equipment or its modification

4) upon the introduction of new technology

5) when assigning workers to new jobs or new workplaces

6) when health damage caused by workplace hazards, harmful factors, or exertion at work is identified.

(2) The employer shall conduct training as described in paragraph 1 of this Article by informing the worker of all facts and circumstances

that affect or could affect the safety and health of the worker (work organization, risks, and work procedure execution methods, etc.), explaining

and training the worker in practical application of occupational safety measures that they are required to apply during work in accordance with

the risk assessment to which they are exposed during work and in relation to work.

(3) Training under paragraphs 1 and 2 of this Article must be provided by the employer in the event of changes or the emergence of new risks,

regardless of whether the employer has already amended or supplemented the risk assessment in this regard.

(4) The employer is obligated to provide training for workers, authorized persons, and workers’ representatives for occupational safety during working hours

at their own expense.

Prohibition of Work for Workers Not Trained for Safe Work

Article 28

(1) The employer must not allow a worker who has not been trained for safe work to work independently.

(2) For a worker who has not been trained for safe work, the employer is obliged to ensure work under the direct supervision of a worker

trained for safe work, but not longer than 60 days.

Mandatory Training and Development of the Employer and Authorized Person

Article 29

The employer or their authorized person must be trained and professionally developed in the field of occupational safety

in accordance with risk assessment.

Training for Safe Work

Article 30

(1) Employers can conduct training for safe work themselves or entrust it to a person authorized to perform these tasks.

(2) A person authorized to perform training for safe work must have basic andragogical knowledge, demonstrated by a certificate

from an authorized institution for competence in basic andragogical knowledge, or a certificate from a higher education institution

if they acquired this knowledge during their studies.

(3) The assessment of the competency of workers for safe work shall be recorded and signed by the immediate supervisor of the trained worker,

the worker, and the occupational safety expert.

(4) The Minister, by regulation pursuant to Article 20, paragraph 9 of this Law, shall prescribe the conditions and methods for training

for safe work pursuant to Article 27 of this Law, as well as the conditions and methods for training and development pursuant to

Article 29 of this Law.

4. Information and Consultation

Obligation to Inform and Consult

Article 31

The employer is obliged to inform and consult with workers or their representatives on matters of occupational safety

in accordance with this Law and general labor regulations.

Information

Article 32

(1) The employer is obliged to inform workers, worker representatives for occupational safety, occupational safety experts,

authorized persons if they have contracted with them to perform occupational safety tasks, and other persons about all

risks and changes that could affect the safety and health of workers, especially about:

1) Risks related to the workplace and the nature or type of work, possible health damage, protective and preventive measures

and activities in each work procedure

2) Measures for providing first aid, fire protection, worker protection and rescue, and workers who perform them.

(2) The employer is obliged to provide written instructions to ensure the implementation of work procedures in accordance

with occupational safety rules and to provide workers with instructions in accordance with paragraph 1 of this Article.

(3) The employer is obliged to display written instructions on the work environment, work equipment, hazardous chemicals, biological

hazards, workplace hazards, sources of physical harm, and other workplace and work-related risks, in accordance with the risk assessment.

(4) The employer is obliged to make appropriate documentation available to the occupational safety expert, the authorized person, and the

worker representative for occupational safety, especially:

1) Risk assessment and a list of measures carried out to eliminate or reduce estimated risks

2) Records and documents that must be kept in accordance with the provisions of Article 61, paragraphs 1 and 2 of this Law

3) Administrative measures ordered by the competent inspector.

(6) Exceptionally from the provisions of paragraphs 6 and 7 of this Article, in the event of each fatal or serious occupational injury,

established cases of occupational illness, and findings by the competent inspector determining deficiencies in occupational safety

implementation, the employer is obliged to immediately inform the worker representative for occupational safety about the incident.

(9) In the event of each fatal or serious occupational injury, the employer is obliged to invite the worker representative for occupational

safety to the accident site for an inspection.

(10) The employer is obliged to timely provide instructions to the worker on how to act in the event of an immediate risk to life and health

to which the worker is or may be exposed, as well as possible measures that need to be taken to prevent or reduce the risk.

Consultation

Article 33

The employer is obliged to consult with the worker representative for occupational safety in advance and in a timely manner on:

1) Employment of occupational safety experts and the tasks they will perform

2) Assigning occupational safety tasks to authorized persons and the tasks they will perform

3) Preparing a risk assessment and amendments or additions to the risk assessment

4) Selection of workers for providing first aid and workers for implementing fire protection, evacuation, and rescue measures

5) Occupational safety and risk prevention, and measures to prevent and reduce risks

6) Accident prevention, occupational injuries, and occupational diseases

7) Changes in work processes and technology

8) Planning and implementing occupational safety training

9) Improving working conditions and planning the introduction of new technologies

10) The impact of working conditions and the work environment on the safety and health of workers

11) Selection of work equipment and personal protective equipment

12) Exposure of workers to monotonous work, work with an imposed rhythm, performance-based work within a specified

time (performance work), and other efforts.

Occupational Safety Committee

Article 34

(1) An employer who employs 50 or more workers is obliged to establish a work safety committee (hereinafter referred to as the “committee”) as its advisory body for the improvement of work safety.

(2) Exceptionally from paragraph 1 of this Article, the committee must also be established by an employer employing fewer than 50 workers if required by a special law or other regulation.

(3) The committee is composed of the employer or his authorized representative, a work safety expert performing work safety duties for the employer, a specialist in occupational medicine chosen in accordance with a special regulation, and a workers’ representative for work safety or their coordinator.

(4) The president of the committee is the employer or his authorized representative.

(5) The employer makes a written decision on the appointment of committee members.

(6) In order to address specific work safety issues, the employer may include experts in specific areas in the committee.

(7) The committee meets at least once every six months and keeps minutes of its work.

(8) Exceptionally from the provision of paragraph 7 of this Article, in the event of the occurrence defined in Article 65, paragraphs 1 and 2 of this Law, a confirmed case of a professional illness, or findings by a competent inspector establishing deficiencies in work safety implementation, the employer is obliged to convene a meeting within two working days from the occurrence of the injury.

(9) The employer informs the competent inspector about the committee meeting from paragraph 8 of this Article, and the inspector may attend the meeting.

(10) If the employer does not convene the committee meeting within the deadlines from paragraphs 7 and 8 of this Article, the workers’ representative for work safety or the coordinator of the representative, the workers’ council, or the union representative with the rights and duties of the workers’ council may convene the committee meeting.

Duties of the Committee

Article 35

(1) For the purpose of continuous improvement of work safety, the committee plans and supervises:

1) the application of work safety rules by the employer

2) the organization of work safety tasks

3) information and training related to work safety

4) the prevention of work-related risks and their effects on the health and safety of workers.

(2) The duties of the committee from paragraph 1 of this Article may be expanded by a collective agreement and an agreement concluded between the workers’ council and the employer.

5. Jobs with Special Working Conditions

Employer’s Obligations Regarding Jobs with Special Working Conditions

Article 36

(1) The employer must not allow a worker who does not meet the conditions prescribed by a special regulation referred to in paragraph 6 of this Article, or a special regulation for such work, to perform jobs with special working conditions.

(2) Before entering into an employment contract for a job with special working conditions, the employer shall refer the individual to a medical specialist to assess the individual’s ability to perform such work, using a referral that contains information about the nature or type of work and other circumstances relevant to the assessment of the individual’s ability to perform the work and the potential impact of workplace hazards on the worker’s health.

(3) The employer is obliged to refer a worker performing jobs with special working conditions for a medical examination again before the expiration of the deadline prescribed by the regulation from paragraph 6 of this Article or when deemed necessary by the specialist in occupational medicine.

(4) The employer must not allow a worker to perform jobs with special working conditions if the worker is not referred for examination within the prescribed deadline or if the worker refuses to undergo the examination to which the worker was referred.

(5) Jobs with special working conditions cannot be performed at separate workplaces as defined by the general labor regulation.

(6) The Minister responsible for health, with the consent of the Minister, shall prescribe, by regulation, jobs with special working conditions and the conditions that workers performing such jobs must meet.

6. Particularly Vulnerable Groups of Workers

Particularly Vulnerable Groups of Workers

Article 37

(1) Particularly vulnerable groups of workers for whom the employer is obliged to provide special work safety protection are minors, pregnant workers, workers who have recently given birth, breastfeeding workers, workers suffering from occupational diseases, and workers with reduced or remaining work capacity, or where there is an immediate risk of reduced work capacity.

(2) For the purpose of implementing special work safety protection, the employer is obliged to identify, in the risk assessment, jobs potentially risky for particularly vulnerable groups of workers from paragraph 1 of this Article.

Special Work Safety Protection for Minors

Article 38

(1) The employer is obliged to provide special work safety protection for minors to preserve their undisturbed mental and physical development.

(2) Minors may not perform jobs with special working conditions, except for minors who have completed vocational high school education for such work and meet other prescribed requirements.

(3) For the safety and health protection of minor workers, the employer is obliged to:

1) adjust working conditions and work schedules to eliminate safety and health risks

2) provide other appropriate jobs or workplaces if adjustments are not feasible or justified

3) ensure the application of other work safety rules in accordance with a special regulation.

Article 39.

(1) The employer is obliged to implement special protection at work for pregnant workers, workers who have recently

given birth, and nursing workers, in order to protect them from risks that could jeopardize maternity and

recovery from pregnancy and childbirth.

(2) A pregnant worker and a nursing worker must not perform tasks specified in the regulation referred to in Article 45.

paragraph 5 of this Law.

(3) In order to protect against risks to which they must not be exposed, the employer is obligated to:

1) adapt working conditions and the organization of working hours to eliminate risks to safety and health

2) ensure the possibility of performing other appropriate tasks or work at another workplace if adjustments are not technically feasible

or justified in the job or workplace they were engaged in before pregnancy or childbirth.

(4) Adapting conditions, organizing working hours, and changing the workplace must not result in a

reduction in the wages of the workers from paragraph 1 of this Article.

(5) If it is not possible to ensure special protection at work, workers from paragraph 1 of this Article shall be entitled to

leave with pay in accordance with special regulations.

(6) The assessment of risks that could adversely affect the safety and health of pregnant workers, as well as

the fetus, and the safety and health of workers who have recently given birth, as well as the assessment of which jobs are suitable for them, shall be made by a specialist in occupational medicine at the proposal of a specialist in gynecology or

obstetrics, based on a risk assessment.

(7) The assessment of risks that could adversely affect the safety and health of the child breastfed by the worker, as well as

the assessment of which jobs are suitable for her, shall be made by a specialist in occupational medicine at the proposal of a

specialist in pediatrics or a chosen family medicine physician, based on a risk assessment.

Special protection at work for workers with established reduced and remaining work ability or those

exposed to an immediate risk of reduced work ability

Article 40.

(1) The employer is obliged to implement special protection at work for employees with a confirmed

occupational disease, for whom the competent body for expert examination pursuant to special regulations

has determined reduced and remaining work ability or who are exposed to an immediate risk of reduced

work ability, in order to prevent further health damage and reduce the remaining work

ability.

(2) The right to special protection at work is also exercised by an employee for whom a specialist in occupational medicine has determined

that they are permanently unable to work in jobs with special working conditions, where harm or exertion

at the workplace is the cause of health damage.

(3) The employer is obliged to employees from paragraphs 1 and 2 of this Article:

1) adapt working conditions and the organization of working hours to eliminate exposure to risks to

safety and health

2) enable the performance of other appropriate tasks or work at another workplace if

adjustments are not technically feasible or justified at the workplace or in jobs

they performed at the time of diagnosis of an occupational disease, reduced work ability or

exposure to an immediate risk of reduced work ability or permanent incapacity for work in jobs with special working conditions.

7. Tools, Personal Protective Equipment, and Workplaces

Employer’s obligations regarding tools, personal protective equipment, and workplaces

Article 41.

(1) The employer is obliged to ensure that workplaces used at all times are safe, maintained, adapted for work, and in good condition, in accordance with occupational safety rules.

(2) The employer is obliged to cease work in buildings intended for work where changes occur that pose a danger to the safety and health of workers.

(3) The employer is obliged to ensure that work equipment and personal protective equipment in use are safe, well-maintained, adapted for work, and in good condition at all times and that they are used in accordance with occupational safety rules, technical regulations, and manufacturer’s instructions so as not to endanger the workers during work.

(4) The employer is obliged to remove from use work equipment and personal protective equipment in which changes have occurred that pose risks to the safety and health of workers.

(5) When organizational measures or basic occupational safety rules cannot eliminate or sufficiently limit risks to the safety and health of workers, the employer is obliged to provide appropriate personal protective equipment and ensure that workers use it as prescribed when performing their duties.

Article 42.

(1) In accordance with this Law, its implementing regulations, occupational safety rules, special regulations, or manufacturer’s instructions, the employer is obliged to perform inspections or examinations of work equipment used to determine whether occupational safety rules have been applied to them and whether changes that occurred during their use jeopardize the safety and health of workers.

(2) The Minister shall prescribe measures, rules, and deadlines for the inspection or examination of work equipment, safety signs, personal protective equipment, and workplaces.

Monitoring devices as means of occupational safety

Article 43.

(1) The employer may use monitoring devices as a means of occupational safety under the conditions prescribed by this Law.

(2) It is permitted to use monitoring devices for the control of entry and exit from working premises and areas and to reduce workers’ exposure to the risk of robbery, burglary, violence, theft, and similar events at work or related to work.

(3) The placement of monitoring devices in workers’ personal hygiene and changing rooms is prohibited.

(4) If monitoring devices monitor workers’ movements throughout their entire working hours during the performance of their duties or if monitoring devices are placed in such a way that workers are within the field of vision of monitoring devices throughout their work, the employer may use monitoring devices solely based on the prior consent of the workers’ council or the union representative with the rights and obligations of the workers’ council.

(5) If the workers’ council or the union representative with the rights and obligations of the workers’ council refuses consent, the employer may, within 15 days from the date of receipt of the refusal of consent, seek to replace such consent with a court or arbitration decision in accordance with general labor regulations.

(6) The employer is obliged to inform workers in writing, upon employment, that they will be monitored by monitoring audio or video devices.

(7) The employer may not use recorded materials for purposes other than those prescribed by this Article, may not broadcast them publicly, and must ensure that recorded materials are not accessible to unauthorized persons.

(8) The provisions of this Article regarding the prohibition of recording and the prohibition of the use of recorded materials shall also apply to children and minors, whether they are present at the workplace as minor workers or persons in employment.

8. Work Technology and Work Procedures

Employer’s obligations regarding work technology and work procedures

Article 44.

(1) The employer is obliged to plan, prepare, and implement work procedures and develop and apply work technology in a way that does not endanger the safety and health of workers, taking into account the highest possible level of protection against occupational risks, in accordance with occupational safety rules and other regulations.

(2) The employer is obliged to ensure that only workers who have received appropriate instructions are allowed access to places where there is a serious and specific danger.

(3) The obligations under paragraphs 1 and 2 of this Article shall be carried out by the employer in accordance with the risk assessment, which the employer is obliged to harmonize with scientific and professional knowledge or progress.

9. Working Environment

Obligation to Examine the Working Environment

Article 45.

(1) The employer is obliged to assess risks and ensure the health and safety protection of workers exposed to physical, chemical, and biological hazards at work, in accordance with this Law, its implementing regulations, occupational safety rules, and special regulations on protection from physical, chemical, and biological hazards.

(2) The employer is obliged to examine the working environment at the workplace when:

1) the work process affects temperature, humidity, and air flow rate

2) dust is produced during the work process

3) noise or vibrations are produced during the work process

4) hazardous chemicals are used, produced, or processed during the work

5) there is exposure to hazardous radiations during the work

6) there are risks of explosive atmospheres during the work

7) adequate lighting is required during the work, in accordance with the risk assessment.

(3) The examinations as stated in paragraph 2 of this Article shall be carried out by the employer in a manner and within the deadlines determined by implementing regulations, occupational safety rules, and special regulations.

(4) Exceptionally, the obligation to examine exists immediately after the conditions or changes that make the examination mandatory have occurred.

(5) The Minister, with the consent of the Minister responsible for health, shall prescribe rules for the protection of workers exposed to physical, chemical, and biological hazards at work or related to work, as well as the obligation, method, and procedures for examining the working environment, examination deadlines, the content, form, and manner of drawing up records, and issuing documents.

Employer’s Obligations Regarding the Use of Hazardous Chemicals at Work

Article 46.

(1) The employer is obliged to continuously improve occupational safety by using less dangerous and harmful technologies, work procedures, and substances.

(2) The employer who uses, produces, processes, or stores hazardous chemicals must, in accordance with a risk assessment, apply occupational safety rules.

Order of Handling Hazardous Chemicals

Article 47.

(1) The employer may use hazardous chemicals only if the same work results cannot be achieved by using non-hazardous chemicals.

(2) If the substitution of hazardous chemicals with non-hazardous or less hazardous chemicals is not possible, the employer is obliged to determine whether the application of a different work process can reduce the danger or harm of their use.

(3) If hazardous chemicals are used, the employer is obliged to apply occupational safety rules in the following order:

1) use closed systems if possible according to the type of work and the state of technology

2) remove hazardous gases, vapors, dust, and aerosols from the place of origin or the working environment in such a way that it does not pollute the human environment

3) when it is not possible to remove hazardous gases, vapors, dust, and aerosols from the place of origin, limit them to the minimum:

– quantity of hazardous chemicals

– number of workers exposed to hazardous chemicals

– duration of exposure of workers to the effect of hazardous chemicals

4) ensure that workers use the prescribed personal protective equipment when working with hazardous chemicals if satisfactory safety and health protection of workers cannot be achieved by applying the rules mentioned in subparagraphs 1, 2, and 3 of this paragraph.

Checking the Concentration of Hazardous Chemicals at Work

Article 48.

(1) The employer is obliged to ensure that the concentration of hazardous chemicals, which act in the form of gases, vapors, dust, and aerosols, at workplaces and in their surroundings is as low as possible and below the exposure limit.

(2) If measurement determines that the concentration of hazardous chemicals exceeds the exposure limits, the employer is obliged to:

1) determine the reasons for exceeding the exposure limit

2) based on the identified reasons, apply additional occupational safety rules

3) after applying the basic rules, repeat the measurements.

Other Obligations of the Employer Regarding the Use of Hazardous Chemicals

Article 49.

(1) The employer is obliged to ensure that hazardous chemicals are packaged and labeled in a way that does not pose a danger or harm to the health and safety of workers during their use.

(2) The employer is obliged to provide workers with information about the hazards or harm related to the use of hazardous chemicals, as well as about the rules and measures for occupational safety.

(3) When storing hazardous chemicals, the employer is obliged to ensure the application of occupational safety rules in accordance with the properties of these chemicals.

(4) The employer is obliged to ensure that the packaging left after the use of hazardous chemicals is treated in accordance with occupational safety rules and disposed of in accordance with special regulations.

(5) The Minister, with the consent of the Minister responsible for health, shall prescribe rules, measures, procedures, deadlines, and activities for the occupational safety protection of workers exposed to hazardous chemicals at work, exposure limit values for hazardous chemicals, and biological exposure limit values.

Employer’s Obligations Regarding the Use of Biological Agents at Work

Article 50.

(1) The employer is obliged to implement occupational health and safety protection for workers who are exposed to or could be exposed to

biological hazards.

(2) The protection referred to in paragraph 1 of this Article shall be implemented by the employer based on a risk assessment that determines the

nature, degree, and duration of worker exposure.

(3) The employer is obliged to apply occupational health and safety rules in the following order:

1) If the nature of the work or activity allows, it must avoid the use of biological hazards, or replace them with non-hazardous agents.

2) If it is not possible to avoid the use of biological hazards or replace them with non-hazardous agents, the employer is obliged to ensure the use of agents that are less harmful to the health and safety of

workers.

3) If the application of the rules from paragraphs 1 and 2 of this Article is not technically possible, the employer is obliged to reduce:

– the number of exposed workers or workers who could be exposed

– the time of worker exposure

4) If satisfactory health protection of workers cannot be achieved by the rules from paragraphs 1, 2, and 3 of this Article, the employer is obliged to ensure that workers use the prescribed personal protective equipment and take prescribed hygiene measures.

(4) The employer is obliged to ensure that workers are informed about the risks to which they are exposed when working with biological hazards and are trained to work safely.

(5) At workplaces, the employer is obliged to display written notices and instructions for dealing with

serious dangers or hazards caused by the use of biological hazards at work.

(6) The Minister, with the consent of the Minister responsible for health, shall prescribe by regulation under Article 45(5) of this

Act, rules, measures, procedures, and activities for the protection of workers exposed to biological

hazards.

10. Work-Related Stress

Employer’s Obligations Regarding the Prevention of Work-Related Stress

Article 51.

(1) The employer is obliged to implement the prevention of work-related stress caused by

factors such as job content, work organization, work environment, poor communication, and

interpersonal relationships, in order to minimize the need for workers to cope with difficulties due to

prolonged exposure to intense pressure and to eliminate the possibility of reducing worker productivity

and worsening their health.

(2) If there are indications of work-related stress, the employer is obliged to pay special attention

to:

1) work organization and procedures (working hours, level of independence, matching between

worker skills and job requirements, workload, etc.)

2) working conditions and environment (exposure of workers and employers to violent behavior,

noise, heat, cold, hazardous chemicals, etc.)

3) communication (uncertainty about job expectations, prospects for job retention or

upcoming changes, etc.)

4) subjective factors (emotional and social pressures, feelings of helplessness, feeling of

insufficient support, etc.).

Obligations of Workers and Their Representatives

Article 52.

(1) Workers are obliged to act in accordance with the employer’s instructions for the prevention, elimination, or

reduction of work-related stress.

(2) Workers and their representatives are obliged to cooperate with the employer in preventing, eliminating,

or reducing work-related stress.

(3) The obligations from paragraphs 1 and 2 of this article also apply to workers who, in accordance with general labor regulations, such as managerial workers or family members of the employer who is a natural person, have the right to independently

decide on their working hours, breaks, and daily and weekly rest periods.

11. Safety Signs, Written Notices, and Instructions

Employer’s Obligations Regarding Safety Signs, Written Notices, and Instructions

Article 53.

(1) The employer is obliged to permanently place safety signs at workplaces and on work equipment in a

visible location.

(2) If safety signs are not sufficient for effective worker notification, the employer is obliged to post written notices and instructions on the conditions and methods of using work equipment, hazardous chemicals,

biological hazards, and sources of physical and other hazards at work.

(3) The Minister shall, by regulation under Article 42(2) of this Law, prescribe rules, measures, and procedures

related to safety signs.

12. Foreign Workers

Implementation of Occupational Health and Safety Protection for Foreign Workers

Article 54.

(1) Foreign workers must, under the conditions prescribed by special regulations, also meet the conditions

prescribed by the provisions of this Law and regulations adopted on its basis.

13. Fire and Explosion Protection, Immediate and Significant Risk, Evacuation, and Rescue

Employer’s Obligations Regarding Fire Protection, Evacuation, and Rescue

Article 55.

(1) The employer is obliged to take measures for fire protection and worker rescue, develop an evacuation

and rescue plan, designate workers to implement measures, and ensure the calling and enable the

operation of public services responsible for fire protection and rescue, in accordance with special regulations.

(2) The employer is obliged to determine and ensure the number of workers from paragraph 1 of this article,

their training, and the necessary equipment, in accordance with regulations governing fire protection and

rescue, depending on the nature of the work process, the size of the employer, and the total number of

workers.

(3) In the event of immediate and significant risks to the life and health of workers, the employer is obliged:

1) to immediately inform them of the risk that they are or could be exposed to, as well as the measures that

have been or should be taken to prevent or reduce the risk to life and health,

2) to take actions and provide instructions to stop work or leave the workplace and go to a safe place,

3) to organize a resumption of work only after the risk has been eliminated.

(4) The employer is obliged to train workers so that in the event of immediate and significant risks to life

and health, to which they are or could be exposed, and if they cannot inform the responsible person

about it, they can independently take measures and carry out procedures in accordance with their knowledge

and available technical means to eliminate or reduce risks.

(5) Worker training from paragraph 4 of this article includes familiarization with the evacuation and rescue

plan for emergencies and conducting practical evacuation and rescue exercises at least once every two years.

(6) A worker who acts in accordance with the provisions of paragraphs 4 and 5 of this article may not

suffer adverse consequences for such action, except in cases where the worker acted intentionally or with

gross negligence.

(7) The employer is obliged to implement occupational health and safety protection in workplaces

endangered by an explosive atmosphere in accordance with the implementing regulation and occupational

safety rules.

(8) The Minister, with the consent of the minister responsible for internal affairs, shall prescribe by

regulation the requirements for occupational health and safety protection in areas endangered by an

explosive atmosphere from paragraph 7 of this article.

14. Provision of First Aid

Employer’s Obligations Regarding the Provision of First Aid

Article 56.

(1) The employer is obliged to organize and ensure the provision of first aid to workers and other individuals

until emergency medical assistance is provided or until admission to a healthcare facility, and must enable

the involvement of the public emergency medical service.

(2) In every workplace and in workspaces where two to fifty workers work simultaneously, at least

one worker, and one additional worker for every subsequent fifty workers, must be trained in providing

first aid in accordance with occupational safety and health regulations.

(3) The number of trained and appointed workers for first aid must correspond to the employer’s number of

locations, shift work, and other organizational circumstances.

(4) The employer is obliged to provide trained workers for first aid with a written appointment decision and

inform all other workers about the workers who are trained and appointed for first aid.

(5) The employer is obliged to provide the means and equipment for first aid, which must always be

accessible, labeled, and protected against unauthorized use.

(6) The Minister responsible for health, with the consent of the Minister, shall prescribe, by regulation,

the procedures for providing first aid, the means, the type and quantity of medical supplies that must be

available at the workplace, and the method and deadlines for training workers in providing first aid.

15. Protection of Non-Smokers, Prohibition of Alcohol Consumption and the Use of Other

Substances of Dependence

Protection of Non-Smokers at Work

Article 57.

(1) The employer is obliged to protect non-smokers from exposure to tobacco and related product smoke, plant

products for smoking, and electronic cigarette vapor.

(2) Smoking of tobacco and related products, electronic cigarettes, and plant products for smoking is prohibited

during work meetings.

(3) Smoking of tobacco and related products, electronic cigarettes, and plant products for smoking is prohibited

in the workplace.

(4) Exceptionally, from the provision of paragraph 3 of this article, the employer may, in writing, allow

smoking of tobacco and related products, electronic cigarettes, and plant products for smoking in a

special room or area where the employer is obliged to place a permitted smoking sign.

Prohibition of the Use of Substances of Dependence

Article 58.

(1) During working hours, workers must not be under the influence of alcohol or other substances of dependence

nor bring them into the workplace.

(2) The employer is obliged to enforce the prohibition of the misuse of alcoholic beverages and substances of dependence

in the workplace through appropriate measures, in particular by:

1) informing the worker of the harmful effects of substances of dependence and their impact on work ability

2) collaborating with their authorized person, an occupational safety specialist, a specialist in occupational medicine, and

a workers’ representative for occupational safety in implementing measures to prevent the misuse of substances of dependence

3) preventing the consumption of alcoholic beverages and other substances of dependence during work and enforcing

the prohibition of their entry into workrooms and premises

4) implementing substance dependence prevention programs at the workplace, in accordance with established needs

5) establishing in writing the procedure for checking whether a worker is under the influence of alcohol or other

substances of dependence (conducting the procedure with the worker’s consent, the method of checking, the type of test or device, the method of recording and confirming the results, and the procedure in case the worker refuses to undergo the check) and effectively implementing the established procedure.

(3) A worker will be considered to be under the influence of alcohol if there is more than 0.0 g/kg of alcohol in

their blood, or more than 0.0 milligrams in a liter of exhaled air, or if they have a higher concentration of alcohol

in their blood than the concentration allowed by the risk assessment of the worker’s tasks.

Checking if a Worker is Under the Influence of Substances of Dependence and Temporary Removal from Work

Article 59.

(1) Checking if a worker is under the influence of alcohol or other substances of dependence is carried out using

a breathalyzer or other appropriate device, procedure, or means.

(2) If a worker refuses to undergo the check, they will be considered to be under the influence of alcohol or

other substances of dependence.

(3) The employer is obliged to remove a worker from the workplace who is under the influence of alcohol or other

substances of dependence for as long as they are under their influence.

(4) If a worker refuses to leave the workplace, the competent police service will remove the worker at the request

of the employer.

Prohibition of Checking

Article 60.

(1) The employer may not check whether the worker is under the influence of substances of dependence other than

alcohol if the worker has submitted a certificate that they are in a treatment, detoxification, or rehabilitation program for dependence

or in outpatient addiction treatment and receiving substitution therapy.

(2) In the case of paragraph 1 of this Article, the employer may request an assessment of the health and psychophysical

capabilities of the worker to perform the assigned tasks.

(3) The assessment of health and psychophysical capabilities under paragraph 2 of this Article is provided by a specialist in occupational medicine.

(4) The certificate that the worker is in a treatment, detoxification, or rehabilitation program for dependence, or in outpatient

addiction treatment and receiving substitution therapy, is issued by the institution where the program is conducted.

16. Records, Documents, and Notifications

Keeping and storing records and documents and providing information and data

Article 61.

(1) The employer is obliged to keep records, maintain documents, and provide notifications and information in accordance with

this Act and other regulations on occupational safety and health.

(2) In addition to the records referred to in paragraph 1 of this Article, the employer is obliged to keep records of workplace injuries,

occupational diseases, and accidents at work.

(3) The provision of information and data must be carried out in such a way as to protect the privacy of workers in accordance with

special regulations on personal data protection.

(4) Determining the confidentiality of data, acts, or documents in which they are contained does not relieve

the employer of the obligation to provide data to persons entitled to it under this Act.

Display and availability at the workplace

Article 62.

(1) The employer is obliged to place the following in a visible place at the workplace:

1) safety signs

2) evacuation and rescue signs

3) instructions and labels for operating work equipment

4) instructions and labels for working with hazardous chemicals, biological hazards, sources of radiation, and other

sources of danger and harm.

(2) The employer is obliged to ensure that the following are available to the worker:

1) risk assessment for the workplace and the tasks performed there

2) instructions for safe work at the workplace and for the tasks performed there

3) written proof of the worker’s competence to work safely

4) written proof that the worker meets the conditions for performing tasks with special working conditions

5) record of testing work equipment, installations, and the work environment.

(3) Exceptionally, according to paragraph 2 of this Article, risk assessments, evidence, and records do not have to be

located at a worksite where the total work duration is less than 60 days, but they must be available within the

timeframe determined by the competent inspector.

17. Occupational Health Protection

Implementation of worker health protection

Article 63.

(1) The employer is obliged to provide the worker with health protection appropriate to the risks to safety and

health to which the worker is exposed at work, in accordance with special regulations governing health measures related

to work.

(2) In order to ensure health monitoring appropriate to the risks to safety and health at work to which the worker is exposed,

the employer is obliged to provide the worker with a health examination at the worker’s request once every five years.

(3) The provision of paragraph 2 of this Article does not apply to workers who are required to have regular health examinations

determined by occupational safety and health regulations.

(4) Worker health protection under paragraph 1 of this Article is carried out through cooperation between the employer, the

authorized person, the occupational safety specialist, and the worker with the selected specialist in occupational medicine.

(5) The employer is obliged to provide the selected specialist in occupational medicine with access to workplaces.

(6) Specialists in occupational medicine are obliged to cooperate with the employer, his authorized representatives,

occupational safety specialists, workers, and workers’ representatives for occupational safety and health, as well as with

competent inspectors.

(7) Specialists in occupational medicine and experts from the institute responsible for health and safety at work

have complete professional independence in relation to the employer and his authorized representatives, workers, occupational safety

specialists, and workers’ representatives for occupational safety and health.

(8) The employer and his authorized representative, occupational safety specialist, worker, and worker representative for

occupational safety and health are obliged to inform the specialist in occupational medicine of facts related to work,

activities, workplace, and work environment that they know or suspect may adversely affect the health of workers.

(9) The specialist in occupational medicine is obliged to inform the competent inspector and the institute responsible for

health and safety at work of any case in which there is reasonable suspicion of a professional illness.

Worker and prospective worker health check-ups

Article 64.

(1) In order to determine or verify the health suitability for performing specific tasks, the employer may, before and during

employment, send the worker for a health examination at the employer’s expense.

(2) Preliminary and periodic examinations and obtaining certificates of whether individuals that the employer intends to employ

meet special conditions for work, employment, in accordance with occupational safety and health rules and implementing regulations

establishing special conditions for the performance of certain tasks, must not be at the worker’s expense.

(3) If, according to occupational safety and health rules, certain jobs can only be performed by workers who meet special

conditions related to health or psychophysical fitness, certificates of compliance with these conditions are issued by a specialist

in occupational medicine.

(4) The assessment of health suitability under paragraphs 1 and 2 and the fulfillment of conditions under paragraph 3 of this Article

is determined by a specialist in occupational medicine, based on the employer’s referral, taking into account information about

the jobs and other circumstances affecting the assessment of the worker’s ability to perform the tasks from the risk assessment

related to the tasks performed by the worker whose ability needs to be assessed.

(5) The Minister responsible for health, with the prior consent of the Minister, shall prescribe the content and manner of issuing

documents under paragraph 3 of this Article.

18. Obligations towards supervisory bodies

Employer’s obligations towards supervisory bodies

Article 65.

(1) The employer is obliged to inform the competent inspection authority about a fatal injury occurring

within the premises or space where the employer conducts work.

(2) The employer is obliged to inform the competent inspection authority about an injury occurring within

the premises or space where the employer conducts work, which necessitates immediate medical attention

for the worker or person at work and results in the injured person being hospitalized in a stationary

healthcare institution or a day hospital.

(3) The notification under paragraphs 1 and 2 of this Article must be provided immediately upon the occurrence

of the injury.

(4) The employer is considered to have fulfilled the obligation under paragraph 3 of this Article if, after eliminating

the source of the injury, providing first aid to the injured person, and calling for emergency medical assistance

or admitting the injured person to a stationary healthcare institution or a day hospital without delay, the employer

immediately notifies the local competent office of the inspection authority at the telephone number published on

the official website of that authority or the unified emergency services number 112.

Review of video and audio recordings

Article 66.

The employer is obliged to allow the competent inspection authority to review video or audio recordings

referred to in Article 43 of this Act.

V. WORKER’S OBLIGATIONS AND RIGHTS

Obligation to be trained for safe work

Article 67.

The worker is obligated to undergo training for safe work when directed to do so by the employer.

Obligation of due care in work

Article 68.

(1) The worker is obligated and responsible for performing tasks with due care and ensuring his own safety

and health, as well as the safety and health of other workers, which may be endangered by his actions or

omissions at work.

(2) The worker is considered to act with due care when performing tasks in accordance with the knowledge and

skills acquired during training for safe work, following the employer’s or its authorized agent’s instructions, so that:

1) before commencing work, he inspects the workplace and reports any observed deficiencies to the employer

or its authorized agent

2) he uses work equipment correctly

3) he properly uses the prescribed personal protective equipment, which he must return to the designated location

after use

4) he uses work equipment without tampering, modifying, or removing safety features

5) he immediately informs the employer, its authorized agent, a workplace safety specialist, or a worker’s

representative for workplace safety of any situation he deems significant and a direct risk to safety and health,

lack of or inadequacy of instructions for such a situation, and any deficiencies observed in the organization

and implementation of workplace safety

6) he performs the job in accordance with workplace safety rules, professional standards, and written instructions

from the employer

7) before leaving the workplace, he leaves the work equipment he used in a condition that does not endanger

other workers or equipment

8) he cooperates with the employer, its authorized agent, workplace safety specialist, occupational medicine

specialist, and worker’s representative for workplace safety.

Obligation to cooperate

Article 69.

(1) The worker is obligated to cooperate with the employer, its authorized agent, workplace safety specialist,

worker’s representative for workplace safety, and occupational medicine specialist in resolving all workplace

safety issues, especially until it is ensured that the work environment and conditions do not pose a risk to safety

and health and until full compliance with the requirements of the bodies responsible for supervising workplace

safety is achieved.

(2) The worker is not obligated to bear the costs related to the application of workplace safety rules and health

measures.

(3) The worker must immediately inform the employer, its authorized agent, workplace safety specialist, or worker’s

representative for workplace safety of any fact he believes poses an immediate risk to safety and health, as well as

any other deficiencies in the workplace safety system.

(4) The worker has the right to refuse to work and leave the workplace if there is an immediate risk to his life and

health, as long as the employer takes corrective measures, and he must not suffer any adverse consequences for

such actions.

(5) The employer must not require the worker to remain at the workplace while there is a direct and serious risk to

the life and health of the worker.

(6) The worker must inform the employer, its authorized agent, workplace safety specialist, or worker’s representative

for workplace safety of the procedure under paragraph 4 of this Article.

(7) In the case referred to in paragraph 4 of this Article, the employer, its authorized agent, worker, or worker’s

representative for workplace safety must immediately inform the competent inspector, who is obligated to determine

the facts and the validity of the worker’s claims within 48 hours.

(8) During the time when he does not work due to avoiding direct and serious risks to life and health, the worker

is entitled to salary and other rights under the employment relationship in accordance with the general labor

regulation.

VI. WORKER’S REPRESENTATIVE FOR WORKPLACE SAFETY

Election of a Representative

Article 70.

(1) Workers at the employer may elect a worker’s representative for workplace safety from among themselves.

(2) The election of a worker’s representative for workplace safety at an employer employing up to and including

20 workers is conducted at a workers’ meeting convened by the employer in accordance with the general

labor regulation, by direct and public vote of the present workers.

(3) The election of a worker’s representative for workplace safety at an employer employing more than 20 workers

is conducted in accordance with the provisions of the general labor regulation regulating the election of

workers’ councils.

(4) If, according to prescribed criteria, several representatives are elected at the employer, they shall select their

coordinator from among themselves.

Rights and Obligations

Article 71.

(1) The workers’ representative for occupational safety is obliged to protect the interests of workers in the field of occupational safety and monitor the implementation of rules, measures, procedures, and activities related to occupational safety.

(2) The workers’ representative for occupational safety has the right to:

1) submit proposals to the employer related to decisions on occupational safety

2) request the employer to take appropriate measures to reduce and eliminate risks

3) file complaints with authorities responsible for occupational safety

4) participate with the employer in planning the improvement of working conditions, the introduction of new technology, the introduction of new chemicals and biological hazards into the work and production process, and encourage the employer and its authorized representatives to implement occupational safety

5) be informed of all changes that affect or could affect occupational safety

6) inspect and use the employer’s documentation on occupational safety

7) receive workers’ complaints regarding the application of occupational safety rules and convey them to the employer or its authorized representative

8) inform the competent inspector and occupational medicine specialist about their observations or the observations of workers

9) attend inspection visits and provide factual information as determined by the competent inspector

10) summon the competent inspector when safety and health of workers are at risk, and the employer fails or refuses to implement the necessary occupational safety measures

11) receive training to perform the duties of the workers’ representative for occupational safety

12) continuously expand and improve knowledge, monitor and collect information relevant to their work

13) raise objections to the inspection findings

14) encourage workers through their actions to implement occupational safety

15) inform workers about the implementation of occupational safety.

(3) Collective agreements may regulate other matters related to the work of the workers’ representative for occupational safety, and they can also be regulated by an agreement between the employer and the workers’ council if the parties to the collective agreement authorize the parties to the agreement to do so.

Protection of Activity

Article 72.

(1) The employer is obliged to:

1) provide the workers’ representative for occupational safety with the necessary time to perform their duties without hindrance

2) provide all necessary information and allow access to all regulations and documents related to occupational safety

3) ensure conditions for the smooth performance of duties in accordance with the general labor regulations specifying the conditions for the work of workers’ councils.

(2) The employer may not terminate the employment contract of the workers’ representative for occupational safety or otherwise put them in a less favorable position during the performance of their duties without the consent of the workers’ council or the union representative who has the rights and obligations of the workers’ council.

(3) If the workers’ council or the union representative who has the rights and obligations of the workers’ council refuses consent to termination, the refusal must be in writing, and the employer may request that the consent be replaced by a court decision within 15 days from the date of receipt of that statement.

(4) For the performance of the duties of the workers’ representative for occupational safety, the representative is entitled to a salary compensation for at least three hours per week, unless otherwise provided by a collective agreement, with no possibility of transferring this right to another representative.

VII. ACTIVITIES RELATED TO OCCUPATIONAL SAFETY

1. Design and Construction Works

Obligations and Responsibilities in the Design Phase

Article 73.

(1) The investor is obliged to apply general principles of prevention and rules of occupational safety in all phases of design and project preparation when deciding on the design, technical, technological, or organizational aspects to plan various activities or work phases that need to be performed simultaneously or sequentially, and to assess the time required to complete such work or work phases in accordance with the work execution plan.

(2) When designing buildings intended for work, the designer is obliged to apply appropriate rules of occupational safety in the main project.

(3) The investor is obliged to ensure that an occupational safety plan, including the application of occupational safety rules when using buildings intended for work, is prepared during the design of buildings intended for work in accordance with special regulations.

(4) The investor, building owner, concessionaire, or other person for whom the main project is prepared must appoint one or more coordinators for occupational safety during the design of the project and during construction when the work is performed or it is envisaged that two or more contractors will perform the work.

(5) The investor, building owner, concessionaire, or other person who has entrusted the performance of works, must, before establishing the construction site, ensure the preparation of a work execution plan in accordance with the implementing regulations.

(6) The appointment of a coordinator for occupational safety does not exempt the persons from paragraph 4 of this Article, i.e., the participants in the construction, from the responsibility for implementing occupational safety at the construction site.

Temporary Construction Site

Article 74.

(1) An employer performing construction works or forest exploitation works is obliged, before commencing work on a temporary construction site, to arrange the construction site and ensure that the works are carried out in accordance with special regulations and occupational safety rules.

(2) The employer from paragraph 1 of this Article who performs forest exploitation works on their own is obliged to provide notice to the competent authority for labor inspection one day before commencing work on a temporary construction site where the works will last longer than five days.

(3) The employer from paragraph 1 of this Article who performs construction works on their own is obliged to submit a construction site notification to the competent authority for labor inspection no later than one day before commencing work on a temporary construction site in accordance with the implementing regulation.

(4) The notice from paragraph 2 of this Article must include information about the exact location of the construction site, the type of work, the number of workers, the authorized representatives of the employer for the application of occupational safety rules, and the expected duration of the works.

Joint Construction Site

Article 75.

(1) The investor, building owner, concessionaire, or other person for whom works are carried out in the exploitation of forests is obliged to submit a notice, in accordance with Article 74, paragraph 2 of this Act, to the body responsible for labor inspection, at the latest one day before the commencement of work at a temporary construction site where the works will last longer than five days and where the works will be carried out by two or more contractors.

(2) In the notice referred to in Article 74, paragraph 2 of this Act, the investor, building owner, concessionaire, or other person for whom works are carried out in the exploitation of forests shall be obliged to specify the contractors who will carry out the works at the construction site.

(3) The investor, building owner, concessionaire, or other person for whom construction works are carried out shall be obliged to submit a construction site notification no later than one day before the commencement of the works, where two or more contractors will carry out the works, to the body responsible for labor inspection in accordance with the implementing regulation.

(4) It shall be considered that the investor has fulfilled the obligation referred to in paragraph 3 of this Article if it has submitted a construction site notification to the competent construction authority in accordance with special regulations, containing the information required by the implementing regulation.

(5) The work execution plan prepared in accordance with the implementing regulation must be located at the construction site.

(6) The investor, building owner, concessionaire, or other person for whom works are carried out shall be obliged to update the notice or notification in the event of changes that affect the completion deadline of the works or in cases of introducing a new contractor or temporary suspension of the works.

(7) The obligations related to the notification of construction sites do not apply in the case of works where, due to urgency, it is not possible to fulfill these obligations.

(8) The investor, building owner, concessionaire, or other person for whom works are carried out cannot transfer their obligations prescribed by this Article to the contractor.

Coordination of Work

Article 76.

Employers performing work at the same workplace, or when multiple employers share a workplace, or when two or more employers or other persons (contractors) perform or are intended to perform work at the same workplace, are obliged, taking into account the nature of the work, to implement occupational safety, coordinate their activities, provide information, and cooperate in the application of safety and health provisions of this Act for the purpose of protecting and preventing occupational risks and to organize work and ensure the performance of work in a way that does not endanger the safety and health of workers of other employers and other persons during the performance of work.

Work Safety Coordinator

Article 77.

(1) The work safety coordinator referred to in Article 73, paragraph 4 of this Act, shall be obliged during the preparation of the project:

1) Coordinate the application of general principles of occupational safety and occupational safety rules during design

2) Prepare or arrange the preparation of a work execution plan in accordance with the implementing regulation, taking into account the rules applicable to the specific construction site, considering all activities carried out at the construction site, which must also contain specific measures if the works at the construction site involve hazardous work as specified in the implementing regulation.

(2) The work safety coordinator referred to in Article 73, paragraph 4 of this Act, shall be obliged during construction:

1) Coordinate the application of general principles of occupational safety when making decisions on deadlines and essential measures during planning and execution of individual work phases, which are performed simultaneously or sequentially

2) Coordinate the implementation of appropriate procedures to ensure that employers and other persons consistently apply general principles of occupational safety and carry out work in accordance with the work execution plan

3) Prepare or arrange the preparation of necessary adjustments to the work execution plan and documentation in case of any changes at the construction site

4) Ensure cooperation and mutual notification of all contractors and their worker representatives

5) Verify whether work procedures are being carried out safely and adjust prescribed activities

6) Organize that only persons employed at the construction site and persons with permission are allowed access to the construction site.

(3) Designers and employers performing work at the construction site, or participants in construction, shall be obliged to respect the instructions of the work safety coordinator.

(4) The appointment of the work safety coordinator does not exempt designers, contractors, and other persons at the construction site, or participants in construction, from their responsibility for complying with occupational safety rules.

Conditions for the appointment and activities of the coordinator

Article 78.

The Minister shall prescribe by regulation the manner and conditions for passing the professional examination for a work safety coordinator, the composition and mode of operation of the examination board, the amount of fees to cover the costs of taking the professional examination for a work safety coordinator, and the conditions for recognizing the status of a work safety coordinator, measures, rules, procedures, and activities of occupational safety at the construction site, as well as the conditions that must be met by a work safety coordinator during the preparation of the project or the execution of works.

2. Education and Training in Occupational Safety

Occupational Safety in Educational Programs

Article 79.

Education, retraining, training, and upgrading programs for performing specific tasks shall also include specific contents on occupational safety to the extent required by the profession for which the education, retraining, training, or upgrading is conducted, in accordance with special regulations.

3. Occupational Medicine

Obligation to Contract Occupational Medicine Services

Article 80.

(1) The employer is obliged to provide workers with occupational medicine services in order to ensure adequate health surveillance in relation to hazards, harmful factors, and work-related strain in order to preserve the health of workers.

(2) The employer shall contract occupational medicine services with a healthcare institution that provides occupational medicine services, or with a specialist in occupational medicine in private practice, in accordance with regulations on healthcare and health insurance.

(3) Extraordinary expert supervision of the work of an occupational medicine specialist shall be carried out based on a written complaint by the employer, according to special regulations governing expert supervision in the field of occupational medicine.

Occupational Medicine Tasks

Article 81.

(1) Occupational medicine tasks, including the plan and program of health protection measures, are prescribed by special regulations on healthcare and health insurance.

(2) Depending on the type of activity and the employer’s tasks, the risk assessment, the number of workers, and the number of workers performing tasks under special working conditions, the Minister responsible for health, with the consent of the Minister, shall prescribe by regulation the minimum number of hours that the employer is obliged to contract with a specialist in occupational medicine, which the specialist in occupational medicine must perform at the workplace.

4. Persons Authorized for Occupational Safety

Authorization, Obligations, and Responsibility

Article 82.

(1) Occupational safety tasks at the employer’s premises may be performed by authorized persons.

(2) A person authorized to perform occupational safety tasks shall be obliged to perform these tasks in accordance with the provisions of this Act and other occupational safety regulations.

(3) A person may be authorized to perform tasks such as risk assessment, training for safe work, testing of work equipment, testing in the work environment, and performing occupational safety tasks in accordance with paragraph 10 of this Article.

(4) Authorization under paragraph 3 of this Article may be granted for the performance of one or more occupational safety tasks.

(5) An authorized person shall issue documents confirming the performance of tests on work equipment or in the work environment.

(6) If an authorized person performs occupational safety tasks contrary to the provisions of this Act and other occupational safety regulations, the authorization of a natural person, legal entity, and the responsible person in the authorized legal entity shall be annulled and revoked in accordance with the regulation referred to in paragraph 12 of this

Article.

(7) The Ministry shall handle and decide on administrative matters in the first instance concerning the granting of authorizations to persons for occupational safety.

(8) The Ministry conducts expert supervision and audit of the activities of authorized persons in relation to the authorizations granted.

(9) Decisions under paragraph 7 of this Article are administrative acts against which administrative proceedings may be initiated.

(10) Government bodies, bodies with public authority, and public institutions are obliged, at the request of government and public administration bodies and public institutions, to ensure the accessibility of data in the field of occupational safety, while respecting regulations on personal data protection.

(11) The Minister shall, by regulation, prescribe the obligations, methods, procedures, deadlines, types of data, and reports to be submitted to the Ministry by employers, authorized persons, the institute responsible for occupational health protection, the institute responsible for health insurance, the body responsible for labor inspection, and rules on data access.

(12) The Minister shall, by regulation, prescribe the conditions under which an employer and persons referred to in paragraph 1 of this Article may be authorized to perform tasks under paragraphs 3 and 5 of this Article, the procedure for issuing, revoking, and cancelling authorizations, expert supervision over the performance of tasks for which they are authorized, the procedure for issuing certificates of conducted testing and training, and the obligations and method of recording issued and revoked authorizations.

Article 83.

(Deleted.)

Article 84.

(Deleted.)

Article 85.

(Deleted.)

Article 86.

(Deleted.)

Article 87.

(Deleted.)

Article 88.

(Deleted.)

VIII. SUPERVISION

1. Administrative Supervision

Authorization for Administrative Supervision

Article 89.

Administrative supervision over the implementation of this Act, bylaws issued on the basis of this Act, and other occupational safety regulations is carried out by the central state administrative body responsible for labor affairs, except for provisions on health protection and occupational medicine, over which administrative supervision is carried out by the central state administrative body responsible for health if otherwise stipulated by other laws or regulations.

2. Inspection Supervision

Actual Jurisdiction

Article 90.

(1) Inspection supervision over the implementation of the provisions of this Act and regulations issued on the basis of it is carried out by the central state administrative body responsible for labor inspection, except for provisions related to the work of healthcare institutions.

(2) Inspection supervision over the implementation of special regulations on safety and health at work for specific activities, tasks, or risks is carried out by other central state administrative bodies in accordance with special regulations, applying the provisions of this Act and regulations issued on the basis of it to all matters not regulated by special regulations.

(3) When performing inspection supervision at a separate workplace, the competent inspector is authorized to supervise the protection of the life and health of other persons staying in the immediate vicinity of that workplace.

Implementation of Supervision

Article 91.

(1) In the implementation of inspection supervision in the field of occupational safety and health, the competent inspector shall, by verbal decision, prohibit the employer:

1) the use of work equipment and personal protective equipment, buildings or their components, premises, facilities, devices, and other work equipment that are defective or for which the employer cannot provide documentation as required by this Act and other regulations (Articles 41 and 42)

2) carrying out work procedures contrary to this Act and other regulations, without using the prescribed personal protective equipment or engaging in other behavior or actions contrary to the provisions of this Act and other regulations (Articles 41, 43, 44, 48, and 49)

3) the use of sources of physical, chemical, biological, and other hazards if the employer has not provided the worker with information about the risks they pose or if there is no documentation at the workplace as required by this Act and other regulations (Articles 45, 46, 47, 48, 49, and 50).

(2) In the implementation of inspection supervision in the field of occupational safety and health, the competent inspector shall, by verbal decision, prohibit a legal or natural person from performing occupational safety and health tasks if they do not have the required authorization (Article 82).

(3) In the implementation of inspection supervision in the field of occupational safety and health, the competent inspector shall, by verbal decision, order the employer to:

1) remove a worker from the workplace for whom they cannot provide evidence of meeting the conditions required by this Act and other regulations (Articles 28, 36, 38, 39, 40, and 54)

2) remove a worker from the workplace who is reasonably suspected to be under the influence of alcohol or other intoxicating substances (Articles 58 and 59).

(4) The inspector is obliged to specify in the report on the implementation of inspection supervision in the field of occupational safety and health the verbal decisions made under paragraphs 1, 2, and 3 of this Article.

(5) The decisions under paragraphs 1, 2, and 3 of this Article shall be enforced by sealing the premises, buildings, or equipment referred to in paragraph 1 of this Article or their parts or by other appropriate means.

(6) Appeals against decisions under paragraphs 1, 2, and 3 of this Article shall not delay the execution of the decisions.

Other Measures in the Implementation of Supervision

Article 92.

(1) In the implementation of inspection supervision in the field of occupational safety and health, the competent inspector shall, by verbal decision, order the employer to:

1) conduct a risk assessment for work at the workplace or make the risk assessment available to the worker at the workplace (Article 18)

2) verify the qualifications of workers for safe work (Article 28)

3) establish a committee for occupational safety or convene a meeting of the committee (Article 34)

4) inspect work equipment (Article 42)

5) examine parameters of the work environment (Article 45)

6) place safety signs (Article 53)

7) organize the provision of first aid to workers at work as prescribed (Article 56)

8) display safety signs and instructions as required by Article 62(1) at the workplace, in a visible location

9) make the required documentation under Article 62(2) of this Act available at the workplace

10) provide appropriate health protection for the worker considering the risks to safety and health (Article 63).

(2) The inspector is obliged to specify in the report on the implementation of inspection supervision in the field of occupational safety and health the verbal decisions made under paragraph 1 of this Article.

Obligation to Conduct Supervision

Article 93.

(1) The competent labor inspector must conduct supervision following the events referred to in Article 65(1) and (2) of this Act immediately after receiving notice of such an event from the employer, police, worker, or a physician who provided medical assistance to the injured person.

(2) The competent labor inspector is obliged to conduct supervision at the employer’s premises where an occupational disease of a worker has been identified.

(3) In the case of an event referred to in Article 65(1) of this Act, the competent labor inspector is obliged to inform their superior within 24 hours of receiving notice of the event.

(4) The head of the authority responsible for labor inspection shall determine, by instruction, what information must be included in the report under paragraph 3 of this Article.

IX. OFFENSE PROVISIONS

Article 94.

(1) A physical person responsible for coordinating occupational safety and health shall be fined with a monetary penalty in the amount of 7,000.00 Croatian kuna if they fail to prepare or have prepared a work execution plan or fail to align the work execution plan and documentation with all changes at the construction site (Article 77, paragraph 1, subparagraph 2, and paragraph 2, subparagraph 3).

(2) In the event of a repeat offense under paragraph 1 of this Article, the perpetrator shall be fined with a monetary penalty twice the amount.

(3) For offenses under paragraphs 1 and 2 of this Article, a monetary penalty may be imposed at the scene of the offense in the amount of 1,900.00 Croatian kuna.

Article 95

(1) A legal entity employer shall be fined in the amount of 10,000.00 Croatian kunas for an offense if:

1) they do not organize meetings of the occupational safety and health committee at least once every six months, and if, in the case of a fatal injury, they do not convene a meeting of the occupational safety and health committee within two working days of the occurrence of such injury (Article 34, paragraphs 7 and 8.)

2) they do not prepare an evacuation and rescue plan or do not designate workers to implement measures and ensure the calling and assistance of public services responsible for fire protection and rescue, or do not train workers to acquaint them with the evacuation and rescue plan for emergencies, or do not conduct practical evacuation and rescue exercises at least once every two years (Article 55, paragraphs 1 and 5.)

3) they do not protect non-smokers from the effects of tobacco smoke and related products, herbal smoking products, and electronic cigarette vapors, and if they do not prevent smoking during work meetings or at the workplace (Article 57, paragraphs 1, 2, and 3.)

4) they do not enforce the prohibition of the misuse of alcoholic beverages and addictive substances at the workplace by appropriate measures (Article 58, paragraph 2.)

5) they do not ensure the worker’s representative for occupational safety and health has the necessary time and conditions to perform their duties (Article 72.)

(2) A physical person employer and a responsible person of a legal entity shall be fined in the amount of 3,000.00 Croatian kunas for an offense under paragraph 1 of this Article.

(3) In case of a repeat offense under paragraph 1 of this Article, the offender shall be fined double the amount.

(4) A fine for an offense under paragraph 1 of this Article may be imposed on the spot in the amount of 1,900.00 Croatian kunas for a legal entity employer, and in the amount of 1,500.00 Croatian kunas for a physical person employer and a responsible person of a legal entity.

Article 96

(1) A legal entity shall be fined in the amount of 30,000.00 Croatian kunas for an offense if, under a special regulation, a project is being developed or works are being carried out by them:

1) if, as an investor, they do not ensure that a safety at work plan, which includes the method of applying safety at work rules when using buildings intended for work, is developed during the design phase, or if, as an investor, owner of the building, concessionaire, or another person for whom the project is being developed, they do not appoint a safety at work coordinator during the project development or construction (Article 73, paragraphs 3 and 4.)

2) if, at the latest one day before the commencement of forestry works at a temporary workplace where the works will last more than five days and where the works will be carried out by two or more contractors, they do not submit a notice to the authority responsible for labor inspection as prescribed in Article 74, paragraph 2 of this Act

3) if, at the latest one day before the commencement of construction works at a construction site where the works will be carried out by two or more contractors, they do not submit a construction site notification to the authority responsible for labor inspection in accordance with the implementing regulation (Article 75, paragraphs 3 and 4.)

4) if there is no construction work plan at the construction site or if such a plan does not have the prescribed content (Article 75, paragraph 5).

(2) A physical person employer and a responsible person of a legal entity shall be fined in the amount of 4,900.00 Croatian kunas for an offense under paragraph 1 of this Article.

(3) In case of a repeat offense under paragraph 1 of this Article, the offender shall be fined double the amount.

(4) A fine for an offense under paragraph 1 of this Article may be imposed on the spot in the amount of 10,000.00 Croatian kunas for a legal entity employer, and in the amount of 1,900.00 Croatian kunas for a physical person employer and a responsible person of a legal entity.

Article 97

(1) A legal entity employer shall be fined in the amount of 30,000.00 Croatian kunas for an offense if:

1) they themselves perform forestry works, and if, at the latest one day before the commencement of the works at a temporary workplace where the works will last more than five days, they do not submit a notice to the authority responsible for labor inspection (Article 74, paragraph 2.)

2) they themselves perform construction works, and if, at the latest one day before the commencement of the works at a temporary construction site, they do not submit a construction site notification to the authority responsible for labor inspection in accordance with the implementing regulation (Article 74, paragraph 3).

(2) A physical person employer and a responsible person of a legal entity shall be fined in the amount of 4,900.00 Croatian kunas for an offense under paragraph 1 of this Article.

(3) In case of a repeat offense under paragraph 1 of this Article, the offender shall be fined double the amount.

(4) A fine for an offense under paragraph 1 of this Article may be imposed on the spot in the amount of 10,000.00 Croatian kunas for a legal entity employer, and in the amount of 1,900.00 Croatian kunas for a physical person employer and a responsible person of a legal entity.

Article 98

(1) A legal entity employer shall be fined in the amount of 30,000.00 Croatian kunas for an offense if:

1) they have not assessed the risks to the life and health of workers and persons at work in written or electronic form, taking into account the work and its nature, or if the risk assessment is not available to the worker at the workplace, or if workers or their representatives did not participate in the risk assessment process (Article 18, paragraphs 1, 2, and 5.)

2) they do not perform safety at work in accordance with the provisions of Article 20 of this Act

3) they have not ensured that access to workplaces where work is carried out under special working conditions is limited to workers who have received written instructions for safe work and personal protective equipment (Article 32, paragraph 4.)

4) immediately after the occurrence of a fatal injury or injury in a room or space where the employer performs work for which emergency medical assistance was provided to a worker or person at work, and where the injured person was hospitalized in a stationary health care institution or a day hospital, they do not inform the competent inspectorate authority (Article 65, paragraphs 1, 2, and 3.)

5) they charge workers for the costs of occupational safety and health (Article 17, paragraph 6).

(2) A physical person employer and a responsible person of a legal entity shall be fined in the amount of 6,000.00 Croatian kunas for an offense under paragraph 1 of this Article.

(3) In case of a repeat offense under paragraph 1 of this Article, the offender shall be fined double the amount.

(4) A fine for an offense under paragraph 1 of this Article may be imposed on the spot in the amount of 14,900.00 Croatian kunas for a legal entity employer, and in the amount of 1,900.00 Croatian kunas for a physical person employer and a responsible person of a legal entity.

Article 99

(1) A legal entity authorized to perform occupational safety and health activities shall be fined in the amount of 100,000.00 Croatian kunas for an offense if they do not perform occupational safety and health activities in accordance with the provisions of this Act and other regulations based on it (Article 82, paragraph 2.)

(2) A fine in the amount of 25,000.00 Croatian kunas shall be imposed on an authorized physical person and a responsible person of an authorized legal entity for an offense under paragraph 1 of this Article.

(3) In case of a repeat offense under paragraph 1 of this Article, an authorized legal entity, physical person, and responsible person of an authorized legal entity may also be subject to a protective measure prohibiting the performance of activities for a period of one year, in addition to a monetary fine.

(4) A fine for an offense under paragraph 1 of this Article may be imposed on the spot in the amount of 14,900.00 Croatian kunas for an authorized legal entity, and in the amount of 1,900.00 Croatian kunas for an authorized physical person and a responsible person of an authorized legal entity.

Article 100

(1) A legal entity or an employer who is a legal entity shall be fined in the amount of 120,000.00 Croatian kunas for an offense if:

1) they perform occupational safety and health activities without authorization (Article 82, paragraph 1.)

2) they do not comply with the enforcement decision of the competent inspector (Articles 91 and 92).

(2) A fine in the amount of 25,000.00 Croatian kunas shall be imposed on an authorized physical person or an employer who is a physical person and a responsible person of an authorized legal entity for an offense under paragraph 1 of this Article.

(3) In case of a repeat offense under paragraph 1 of this Article, an authorized legal entity, physical person, and responsible person of an authorized legal entity may also be subject to a protective measure prohibiting the performance of activities for a period of one year, in addition to a monetary fine.

(4) A fine for an offense under paragraph 1 of this Article may be imposed on the spot in the amount of 14,900.00 Croatian kunas for an authorized legal entity, and in the amount of 1,900.00 Croatian kunas for an authorized physical person and a responsible person of an authorized legal entity.

X. TRANSITIONAL AND FINAL PROVISIONS

Article 101.

(1) The certificate of passing the general part of the professional examination for occupational safety experts, the certificate of passing the professional examination for occupational safety experts, the decision on the recognition of the status of an occupational safety expert, and the certificate of passing the professional examination for occupational safety coordinators, as well as the decision on the recognition of the status of an occupational safety coordinator issued or adopted by the competent body under the Occupational Safety Act (“Official Gazette,” No. 59/96, 94/96, 114/03, 100/04, 86/08, 116/08, 75/09, and 143/12.) and its sublegal regulations, remain valid even after the entry into force of this Act.

(2) The decision by which a legal entity is authorized to perform certain occupational safety tasks under the Occupational Safety Act (“Official Gazette,” No. 59/96, 94/96, 114/03, 100/04, 86/08, 116/08, 75/09, and 143/12.) and its sublegal regulations shall remain in force for one year after the entry into force of this Act.

(3) The decision to exempt from the obligation to establish a workplace safety service and the decision to exempt from the obligation to employ occupational safety experts or to perform occupational safety tasks under milder criteria, made under the Occupational Safety Act (“Official Gazette,” No. 59/96, 94/96, 114/03, 100/04, 86/08, 116/08, 75/09, and 143/12.) and its sublegal regulations, shall cease to be valid upon the expiry of the deadline for harmonization in accordance with the regulation referred to in Article 20, paragraph 9 of this Act.

(4) Documents issued by authorized legal entities on the examination of the work environment and equipment with increased hazards under the Occupational Safety Act (“Official Gazette,” No. 59/96, 94/96, 114/03, 100/04, 86/08, 116/08, 75/09, and 143/12.) shall cease to be valid when the prescribed circumstances set out in that Act and regulations adopted on the basis of that Act occur.

(5) Hazard assessments and training for safe work carried out in accordance with the Occupational Safety Act (“Official Gazette,” No. 59/96, 94/96, 114/03, 100/04, 86/08, 116/08, 75/09, and 143/12.) shall cease to be valid when the prescribed circumstances set out in that Act and regulations adopted on the basis of that Act occur.

(6) Training of employers and their authorized persons carried out in accordance with the Occupational Safety Act (“Official Gazette,” No. 59/96, 94/96, 114/03, 100/04, 86/08, 116/08, 75/09, and 143/12.) remains valid even after the entry into force of this Act.

(7) The election of workers’ safety representatives by employers must be carried out within 60 days from the date of entry into force of this Act, and until the election of workers’ safety representatives in accordance with this Act, the function of a workers’ safety representative will be performed by a representative elected or appointed on the basis of the Occupational Safety Act (“Official Gazette,” No. 59/96, 94/96, 114/03, 100/04, 86/08, 116/08, 75/09, and 143/12.).

(8) Administrative procedures initiated before the entry into force of this Act shall be completed in accordance with the provisions of the Occupational Safety Act (“Official Gazette,” No. 59/96, 94/96, 114/03, 100/04, 86/08, 116/08, 75/09, and 143/12.).

Article 102.

(1) The Government shall appoint members of the Management Board of the Institute referred to in Article 83 of this Act and appoint an interim director within three months from the date of entry into force of this Act, who shall have the powers of a director under the Institutions Act until the appointment of a director.

(2) The Management Board of the Institute is obliged to adopt the Statute within 60 days from the date of entry of the Institute in the court register.

(3) As of the date of entry into the court register, the Institute shall take over all occupational safety tasks prescribed by the Occupational Safety Act (“Official Gazette,” No. 59/96, 94/96, 114/03, 100/04, 86/08, 116/08, 75/09, and 143/12.) and its implementing regulations, the means provided for the performance of occupational safety activities and tasks, and the rights and obligations arising from occupational safety activities.

(4) Within 30 days from the date of entry into the court register, the Institute shall take over from the Croatian Institute for Health and Safety at Work the archive and other documentation relating to occupational safety tasks performed by the Croatian Institute for Health and Safety at Work until that date.

(5) As of March 1, 2015, the Institute shall handle and decide on administrative matters in the first instance regarding all rights and obligations prescribed by this Act.

(6) The ministry responsible for labor shall handle and decide on rights and obligations referred to in paragraph 5 of this Article until February 28, 2015.

Article 103.

On the date of entry into force of this Act, the Occupational Safety Act (“Official Gazette,” No. 59/96, 94/96, 114/03, 100/04, 86/08, 116/08, 75/09, and 143/12.) shall cease to apply.

(“Narodne novine,” No. 155/08.)

20) Regulation on the Protection of Workers from Risks Arising from Exposure to Vibration at Work (“Narodne novine,” No.

155/08.)

21) Regulation on Occupational Exposure Limits to Hazardous Substances at Work and Biological Exposure Limits (“Narodne novine,” No. 13/09 and 75/13.)

22) Regulation on Safety and Health at Work with Electrical Energy (“Narodne novine,” No. 88/12.).

(8) Three months from the date of entry into force of this Law, the following shall cease to be valid:

1) General Regulation on Hygiene and Technical Protective Measures at Work (“Službeni list,” No. 16/47.,

18/47. and 36/50.)

2) Regulation on Hygiene and Technical Protective Measures at Work in Foundries (“Službeni list,” No.

46/47.)

3) Regulation on Hygiene and Technical Protective Measures at Work in Graphic Companies (“Službeni

list,” No. 56/47.)

4) Regulation on Technical and Health-Technical Protective Measures in Chemical-Technological Processes (“Službeni list,” No. 55/5., except Article 86.)

5) Regulation on Technical and Health-Technical Protective Measures at Work in Black Metallurgy

(“Službeni list,” No. 7/55.)

6) Regulation on Hygiene and Technical Protective Measures for Diving Work (“Službeni list,” No.

36/58.)

7) Regulation on Occupational Safety in the Thermal Treatment of Light Metal Alloys in Bathrooms with

Nitrate Salts (“Službeni list,” No. 48/65.)

8) Regulation on Occupational Safety in the Maintenance of Motor Vehicles and Motor Vehicle Transport (“Službeni

list,” No. 55/65.)

9) Regulation on Occupational Safety with Cargo Handling and Unloading Devices on Sea Vessels and

Inland Navigation Vessels (“Službeni list,” No. 32/66.)

10) Order on the Prohibition of Using Motor Gasoline for Degreasing, Cleaning, or Washing Metal

Parts and Objects Made of Other Materials (“Službeni list,” No. 23/67.)

11) Regulation on Occupational Safety in Construction (“Službeni list,” No. 42/68. and 45/68.)

12) Regulation on Special Measures and Standards for Occupational Safety in the Processing and

Treatment of Leather and Fur and Leather Waste (“Službeni list,” No. 47/70.)

13) Regulation on Occupational Safety on Railways (“Narodne novine,” No. 11/84. and 7/89.)

14) Regulation on Occupational Safety in the Processing of Non-Metallic Raw Materials (“Narodne novine,” No. 10/86.)

15) Regulation on Occupational Safety in the Production and Processing of Heavy and Light Colored Metals and Their Alloys

(“Narodne novine,” No. 10/86.)

16) Regulation on Occupational Safety in the Mechanical Processing and Treatment of Wood and Similar Materials (“Narodne

novine,” No. 49/86.).

Article 104.

(1) Until the issuance of instructions under Article 93(4) of this Law, the Instructions on

Information Contained in Reports on Incidents Resulting in Death or Mass Injury of Workers shall apply (“Narodne novine,” No. 86/12.).

(2) Until the adoption of implementing regulations based on the General Labor Act, the Regulation on Occupational Safety for Workplaces shall apply (“Narodne novine,” No. 29/13.).

Article 105.

As of the date of entry into force of this Law, the Occupational Safety Act (“Narodne novine,”

No. 59/96, 94/96, 114/03, 100/04, 86/08, 116/08, 75/09, and 143/12.) shall cease to apply.

Article 106.

This Law shall enter into force on the eighth day from the date of publication in “Narodne novine”.

TEXT NOT INCLUDED IN THE CONSOLIDATED TEXT

REGULATION ON AMENDMENTS TO THE OCCUPATIONAL SAFETY ACT

(“Narodne novine,” No. 154/14 of December 24, 2014.)

Article 2.

This Regulation shall enter into force on the first day of publication in “Narodne novine”.

TEXT NOT INCLUDED IN THE CONSOLIDATED TEXT

LAW ON AMENDMENTS AND SUPPLEMENTS TO THE OCCUPATIONAL SAFETY ACT

(“Narodne novine,” No. 94/18 of October 24, 2018.)

TRANSITIONAL AND FINAL PROVISIONS

Article 32.

(1) The Minister responsible for health, with the prior consent of the Minister, shall issue a regulation under

Article 17 of this Law within 90 days from the date of entry into force of this Law.

(2) The head of the authority responsible for labor inspection shall issue instructions under Article 25(4) of this Law within

six months from the date of entry into force of this Law.

Article 33.

(1) As of January 1, 2019, the Institute for the Improvement of Occupational Safety shall cease to operate.

(2) The Director of the Institute for the Improvement of Occupational Safety shall submit a proposal to the competent court for

the deletion of the Institute for the Improvement of Occupational Safety from the court register within eight days from the

date of cessation of operations of the Institute for the Improvement of Occupational Safety.

(3) As of the date of deletion from the court register, the mandates of the President and members of the Management Board of

the Institute for the Improvement of Occupational Safety shall cease.

(4) As of the date from paragraph 1 of this Article, the Ministry of Labor and the Pension System shall take over the duties,

assets, equipment, archives, and other documentation, work resources, financial resources, rights, and obligations of the Institute for the Improvement of Occupational Safety.

(5) As of the date from paragraph 1 of this Article, the Ministry of Labor and the Pension System shall handle and decide in

administrative matters in the first instance on all rights and obligations prescribed by this Law.

(6) Proceedings initiated under the provisions of the Occupational Safety Act (“Narodne novine,” No. 71/14 and

118/14) that have not been finally concluded by the cessation of operations of the Institute for the Improvement of Occupational Safety

shall be completed by the Ministry of Labor and the Pension System.

(7) Decisions on the authorization to perform specific occupational safety tasks issued by the Institute for the Improvement of Occupational Safety

under the Occupational Safety Act (“Narodne novine,” No. 71/04 and 118/14) and its subordinate regulations shall remain in force.

Article 34.

(1) The Government of the Republic of Croatia shall regulate the internal organization of the Ministry of Labor and the Pension System

by ordinance within 15 days from the date of entry into force of this Law.

(2) The Minister of Labor and the Pension System shall harmonize the Rules of Procedure within 15 days from the date of entry into force of the Ordinance referred to in paragraph 1 of this Article.

Article 35.

(1) As of the date of entry into force of the Ordinance from Article 34(1) of this Law, the workers employed and

found in the Institute for the Improvement of Occupational Safety shall be transferred to the Ministry of Labor and the Pension System.

(2) The workers from paragraph 1 of this Article shall continue to perform the tasks they have been performing until the allocation to the position and retain all the rights from the employment relationship that they have acquired until their takeover by the Ministry of Labor and the Pension System.

(3) By issuing the Rules of Procedure from Article 34(2) of this Law, the workers from paragraph 1 of this Article shall be assigned to positions for which they meet the requirements in accordance with the Rules of Procedure.

(4) As of the date of enforceability of the decision from paragraph 3 of this Article, employment contracts of workers from paragraph 1 of

this Article shall cease.

Article 36.

(1) The Government of the Republic of Croatia shall appoint members of the National Council for Occupational Safety within three

months from the date of entry into force of Article 5 of this Law.

(2) Members of the National Council for Occupational Safety, appointed on the basis of the Occupational Safety Act (“Narodne novine,”

No. 71/14 and 118/14), shall continue their work until January 1, 2019.

Article 37.

Three months after the entry into force of this Law, the Regulation on Records, Documents, Reports, and the Inspection Book in the Field of

Occupational Safety (“Narodne novine,” No. 52/84) shall cease to apply.

Article 38.

This Law shall be published in “Narodne novine” and shall enter into force on the eighth day from the date of publication, except for the

provisions of Article 5, 23, and 24 of this Law, which shall enter into force on January 1, 2019.