REGULATION ON RISK ASSESSMENT (consolidated text, “Official Gazette,” No. 112/14 and 129/19)
Article 1.
(1) This Regulation prescribes the conditions, methods, and procedures for risk assessment, mandatory content covered by the assessment, and the data on which the risk assessment is based, as well as the classification of hazards, harmful factors, and efforts related to work and in connection with work.
(2) This regulation specifies the minimum requirements to be met when assessing risks but does not affect the application of other recognized methods and means of risk assessment after the prescribed minimum requirements have been met.
(3) Risk assessment is a procedure carried out by the employer for all jobs.
(4) The employer is not obligated to document the risk assessment for jobs that the worker occasionally performs at a separate workplace if these are administrative, office, and similar jobs for which, in accordance with the provisions of this Regulation, a small risk has been previously assessed and documented, and which the worker regularly performs on the employer’s premises.
(5) Terms used in this Regulation that have gender significance are used neutrally and refer equally to both male and female genders.
Article 2.
Risk assessment is a procedure used to determine the level of hazards, harmful factors, and efforts in terms of the occurrence of occupational injuries, occupational diseases, work-related illnesses, and disruptions in the work process that could have adverse effects on the safety and health of workers.
Article 3.
(1) Risk assessments can be prepared by persons authorized to carry out risk assessments.
(2) Employers can prepare risk assessments for their own needs.
Article 4.
(1) Employers are obligated to have a risk assessment prepared for all jobs performed by workers and individuals at work.
(2) Risk assessments must correspond to existing hazards, harmful factors, and efforts.
Article 5.
(1) The procedure for assessing risks according to Article 2 of this Regulation consists of:
1) collecting data at the workplace,
2) analyzing and assessing the collected data, including:
– identifying hazards, harmful factors, and efforts,
– assessing hazards, harmful factors, and efforts,
– determining measures to eliminate or reduce hazards, harmful factors, or efforts, and
3) a plan of measures to eliminate or reduce the level of hazards, harmful factors, and efforts, which must include:
– deadlines,
– authorized persons responsible for implementing measures, and
– a method of monitoring the implementation of measures.
4) documenting the risk assessment.
(2) Interactive online tools (OiRA – Online interactive Risk Assessment) related to specific occupations or activities can be used for risk assessment and documentation when these tools are made available for certain jobs through the website of the ministry responsible for labor.
Article 6.
Data collection includes:
1) jobs performed at the workplace,
2) the number of workers performing the same jobs,
3) workplaces where jobs are performed,
4) workplace arrangements,
5) a list of work equipment used in performing jobs,
6) a list of sources of physical, chemical, and biological hazards, and
7) work organization and work schedule.
Article 7.
(1) Risk assessment is carried out in accordance with the Risk Assessment Matrix based on general risk level criteria (probability, consequences) from Annex I to this Regulation, which is an integral part thereof.
(2) Risk is assessed as:
1) low risk,
2) medium risk, or
3) high risk.
(3) Risk assessment is conducted with the active participation of workers performing the jobs and taking into account their views.
(4) When assessing risks, the implementation regulations for occupational safety (such as regulations for personal protective equipment, manual handling of loads, work with screens, work equipment, physical, chemical, and biological harmful effects) and occupational safety guidelines (such as guidelines for assessing chemical, physical, and biological harmful effects and industrial processes hazardous or harmful to the safety and health of pregnant women, women who have given birth, or are breastfeeding) must be considered.
Article 8.
(1) Risk assessments must include notes related to the requirements of special regulations and occupational safety guidelines.
(2) Examples of jobs with low risks are listed in Annex II to this Regulation, which is an integral part thereof.
(3) Exceptionally, individual jobs listed in Annex II to this Regulation may be assessed at different risk levels due to specific sources of hazards, harmful factors, and efforts at the workplace.
(4) The classification of hazards, harmful factors, and efforts at work and in connection with work is found in Annex III to this Regulation and is an integral part thereof.
Article 9.
(1) Based on risk assessment, employers are obligated to apply rules, measures, procedures, and activities to prevent and reduce risks and ensure a higher level of occupational safety.
(2) Employers must determine deadlines, authorized persons for implementing measures, and the method of monitoring the implementation of measures according to paragraph 1 of this Article.
Article 10.
(1) Employers are obligated to keep risk assessments for jobs performed by workers in written or electronic form.
Article 11.
Mandatory attachments to risk assessments include:
1) safety data on sources of physical hazards, chemicals, or biological agents used,
2) a list of work equipment used in performing jobs,
3) a list of personal protective equipment for jobs where it must be used,
4) a list of required tests,
5) a list of jobs with special working conditions.
Article 12.
(1) Workers who perform jobs for which risks are assessed must participate in risk assessment, as well as workers’ representatives for occupational safety who represent workers performing jobs for which risks are assessed, the employer’s authorized person responsible for the organizational unit where jobs for which risks are assessed are performed, and occupational safety experts. The employer may include experts from specific fields as needed.
(2) The Occupational Safety Committee discusses risk assessments, as well as amendments and additions to risk assessments, at its meetings, accepts risk assessments, or proposes corrections and provides comments and suggestions.
(3) Periodically, the employer reviews the implementation of the plan of measures to eliminate or reduce the level of hazards, harmful factors, and efforts and assesses the effectiveness of planned and implemented measures with the aim of managing risks, reducing them, and ensuring a higher level of safety and health at the workplace.
(4) In implementing paragraphs 2 and 3 of this Article, the employer takes into consideration, in particular, the following indicators:
1) the state of implementation of occupational safety based on findings from internal inspections of compliance with occupational safety rules at workplaces, as well as findings from inspections by inspection bodies,
2) the frequency of occupational injuries, occupational diseases, work-related illnesses, and accidents at work, taking into account their sources and causes as well as the severity of consequences,
3) complaints from workers, individuals at work, and workers’ representatives for occupational safety regarding the implementation of occupational safety and their suggestions regarding the identification of sources of hazards, harmful factors, and efforts at workplaces,
4) an analysis of the implementation of decisions and conclusions from meetings of the Occupational Safety Committee.
Article 13.
Upon the entry into force of this Regulation, the Regulation on Hazard Assessment (“Official Gazette,” No. 48/97, 114/02, 126/03, and 144/09) shall cease to be valid.
Article 14.
This Regulation shall enter into force on the eighth day from the date of publication in the “Official Gazette.”
ANNEX I.
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1.
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Improbable
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Should not occur throughout the worker’s entire professional career.
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2.
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Probable
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May occur only a few times during the worker’s professional career. |
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3.
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Highly Probable
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Can repeat during the worker’s professional career.
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2. Consequences (extent of harm):
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1.
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Slightly Harmful
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Injuries and illnesses that do not cause prolonged pain (such as minor scratches, eye irritations, headaches, etc.). |
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2.
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Moderately Harmful
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Injuries and illnesses that cause moderate but prolonged pain or intermittent pain (such as wounds, minor fractures, second-degree burns in a limited area of the body, dermatological allergies, etc.). |
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3.
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Extremely Harmful
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Injuries and illnesses that cause severe and constant pain and/or death (such as amputations, complicated fractures, cancer, second or third-degree burns over a large area of the body, etc.). |
3. Risk Assessment Matrix:
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Probability
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Consequences (Harm)
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Slightly Harmful
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Moderately Harmful
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Extremely Harmful
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Improbable
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Low Risk
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Low Risk
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Medium Risk
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Probable
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Low Risk
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Medium Risk
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High Risk
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Highly Probable
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Medium Risk
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High Risk
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High Risk
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ANNEX II.
EXAMPLES OF LOW-RISK JOBS
Jobs with low risks, as defined by the provisions of this regulation, include administrative, office jobs, and similar jobs such as support services, duplication of recorded records, electricity trade, non-storage trade, retail trade at stands and markets, retail trade via mail or the internet, hiring and leasing activities, service administrative tasks, jobs in design, planning, consulting, education, organization, marketing, intermediation, publishing, preparation, presentation, design, brokerage, auctions, leasing of transportation equipment or equipment without drivers or crews, print and publishing preparation services, duplication of recorded records, project execution organization, intermediation, accommodation services, computer game leasing, and other software leasing, film screening, sound recording, and music record publishing, computer programming, computer-related consulting, data processing, server services, and related tasks, internet portals, central banking, other financial intermediation, mutual fund operations (trusts), operations of other funds and similar financial entities, financial leasing, other credit intermediation, life insurance, other insurance, reinsurance, pension funds, financial market operations, securities and commodity contract brokerage, risk and damage assessment, insurance agent and broker activities, fund management, buying and selling of own real estate, real estate business agency activities, legal, accounting, bookkeeping, and auditing activities, tax consultancy, management activities, management consulting, public relations and communication activities, business and other management consulting, technical consulting, promotion (advertising and propaganda), and market research, media advertising, public opinion polling, translation services, and interpreter services, hiring and leasing operations (leasing), employment operations, travel agencies, and tour operator activities, office administrative and support activities, call center operations, meeting and trade show organization, bill collection and credit bureau agencies, creative, artistic, and entertainment activities, performing arts, artistic creation, library and archive activities, museum activities, gambling and betting activities, business organization, employer organization, and professional membership organization activities, and the like.
ANNEX III.
WORKPLACE HAZARDS, HARM, AND EFFORTS AT WORK AND IN CONNECTION WITH WORK
I. HAZARDS:
1. MECHANICAL HAZARDS
1.1. tools
1.1.1. manual
1.1.2. mechanized
1.2. machinery and equipment
1.3. means of horizontal transport
1.3.1. transport vehicles: cars, trucks, etc.
1.3.2. forklifts
1.3.3. self-propelled machines: excavators, bulldozers, etc.
1.4. means of vertical transport
1.4.1. cranes
1.4.2. conveyors
1.5. handling objects
1.6. other mechanical hazards
2. FALL HAZARDS
2.1. falls of workers and other persons
2.1.1. on the same level
2.1.2. into depth
2.1.3. from a height
2.1.4. from a height above 3 meters
2.2. falling objects
3. ELECTRICITY
3.1. open electrical circuit
3.2. other electrical hazards
4. FIRE AND EXPLOSION
4.1. explosive substances
4.2. flammable substances
5. THERMAL HAZARDS
5.1. hot substances
5.2. cold substances
II. HARM:
1. CHEMICAL HARM
1.1. poisons
1.1.1. metals
1.1.2. non-metals
1.1.3. organic compounds
1.2. corrosives
1.2.1. acids
1.2.2. bases
1.2.3. other corrosives
1.3. irritants
1.3.1. readily soluble in water
1.3.2. poorly soluble in water
1.3.3. degreasers
1.3.4. other irritants
1.4. asphyxiants
1.4.1. inert
1.4.2. chemical
1.5. sensitizers
1.5.1. organic dust of plant origin
1.5.2. organic dust of animal origin
1.5.3. chemical compounds with allergenic potential
1.5.4. thermophilic actinomycetes
1.5.5. other sensitizers
1.6. fibrogenic agents
1.6.1. asbestos
1.6.2. silicon dioxide
1.6.3. other fibrogenic agents
1.7. mutagens
1.8. carcinogens
1.9. teratogens
2. BIOLOGICAL HARM
2.1. infectious material
2.2. infected people
2.3. infected animals
2.4. dangerous plants
2.5. dangerous animals
3. PHYSICAL HARM
3.1. noise
3.1.1. continuous noise
3.1.2. intermittent noise
3.1.3. impulsive noise
3.1.4. disturbing noise
3.2. vibrations
3.2.1. vibrations transmitted to the hands
3.2.2. vibrations transmitted to the entire body
3.2.3. jolts
3.3. altered pressure
3.3.1. increased pressure
3.3.2. reduced pressure
3.3.3. pressure changes
3.4. adverse climate and microclimate conditions
3.4.1. outdoor work
3.4.2. hot environment
3.4.3. high humidity
3.4.4. increased airflow
3.4.5. cold environment
3.4.6. frequent temperature changes
3.4.7. adverse effects of artificial ventilation
3.5. ionizing radiation
3.5.1. X-rays
3.5.2. open radioactive elements
3.5.3. closed radioactive elements
3.6. non-ionizing radiation
3.6.1. UV radiation (A, B, C)
3.6.2. thermal radiation
3.6.3. microwave radiation
3.6.4. laser radiation
3.4.5. extremely low-frequency electromagnetic field
3.7. illumination
3.7.1. insufficient illumination
3.7.2. glare
3.8. other physical hazards
III. EFFORTS:
1. STATIC-DYNAMIC EFFORTS
1.1. static: forced body position during work
1.1.1. constant sitting
1.1.2. constant standing
1.1.3. bent body position
1.1.4. squatting, kneeling
1.1.5. working in confined spaces
1.1.6. arms above the head
1.1.7. other static efforts
1.2. dynamic: physical work
1.2.1. repetitive movements with and without the use of force
1.2.2. fast work
1.2.3. lifting and carrying loads
1.2.4. pushing and pulling loads
1.2.5. heavy physical work
1.2.6. other dynamic efforts
2. PSYCHOPHYSIOLOGICAL EFFORTS
2.1. unfavorable work rhythm
2.1.1. work to norm
2.1.2. rhythm dictated by the work process
2.1.3. uneven rhythm
2.2. disrupted biorhythm
2.2.2. night work
2.2.3. extended work
2.3. disruption of social needs
2.3.1. fieldwork
2.3.2. remote work
2.4. responsibility for human lives and material assets
2.4.1. management
2.4.2. vehicle operation
2.5. high probability of extraordinary events
2.6. difficulty in receiving information
2.6.1. sound signals and signs
2.6.2. light signals and signs
2.6.3. noise
2.6.4. insufficient illumination
2.7. work demands
2.7.1. inappropriate quantitative requirements (too much or too little work)
2.7.2. low work influence
2.7.3. high-quality work requirement
2.7.4. isolated work
2.7.5. monotonous work
2.7.6. communication with individuals
2.8. harassment
2.8.1. mobbing
2.8.2. bullying
2.9. burnout
2.10. other psychophysiological efforts
3. VISION EFFORTS
4. SPEECH EFFORTS
TEXT THAT DID NOT ENTER THE CLEANED TEXT
REGULATION ON AMENDMENTS AND SUPPLEMENTS TO THE RISK ASSESSMENT REGULATION
(“Narodne novine,” number 129/19 dated December 31, 2019.)
Article 6.
This Regulation shall enter into force on the eighth day from the date of publication in “Narodne novine.”