OBLIGATIONS OF THE EMPLOYER IN SAFETY AT WORK

OBLIGATIONS OF THE EMPLOYER IN SAFETY AT WORK

Creating a safe working environment is of paramount importance, especially in an era where workplace accidents and failures are increasingly common. The Law on Safety and Health at Work (“Official Gazette of RS”, No. 101/2005, 91/2015, and 113/2017) mandates several measures to ensure safety, including the obligation of employers to train employees in providing first aid.

Compliance with the Rulebook

Employers must align their operations with the Rulebook on the Method of Providing First Aid, the Type of Tools and Equipment Required at the Workplace, and the Manner and Timeframes for Training of First Aiders (“Official Gazette of RS”, No. 109/2016) (hereinafter: the “Rulebook”). The Rulebook, which replaced outdated regulations from 1971, came into effect on January 7, 2017. Employers had until January 7, 2019, to fully comply with its provisions.

Training Requirements

1. Types of Training:

   • Basic First Aid Training: Applicable to all workplaces.
   • Advanced First Aid Training: Required for workplaces with increased risk.

2. Who Must Be Trained:

   • All managers.
   • At least 2% of employees in a single shift or a locally separated unit, depending on the risk assessment.
   • Health workers and employees who have already completed first aid training under other regulations are exempt for five years.

3. Frequency of Training:

   • Training must be repeated every five years.

4. Availability:

   • Employers must organize work processes to ensure that first aid is accessible to all employees during working hours, across all shifts, and at all locations.

5. Employee Responsibilities:

   • Employers must inform all employees about the individuals qualified to provide first aid.

First Aid Equipment

1. Location and Accessibility:

   • Employers must provide a wall cabinet or a carry-on first aid kit in workrooms and open spaces.
   • Cabinets must be easily accessible and marked with a red cross.

2. Contents:

   • The Rulebook specifies required items, such as sterile gauze, adhesive patches, disposable gloves, and first aid guidelines (Appendix 1 of the Rulebook).
   • Non-compliant first aid kits risk violating regulations.

3. Quantity:

   • One cabinet or kit for up to 20 employees.
   • An additional cabinet or kit is required for every 20–100 employees and for each subsequent 100 employees.

4. Markings on the Cabinet:

   • Contact information for the nearest ambulance service, medical institutions, police, and fire brigade.
   • Names and contact details of qualified first aiders.

Enforcement and Penalties

1. Oversight:

   • The Ministry of Labor, through the Labor Inspectorate, monitors compliance with the Rulebook.
   • Misdemeanor proceedings may be initiated for non-compliance.

2. Fines for Non-Compliance:

   • Legal entities: RSD 800,000–1,000,000.
   • Private entrepreneurs: RSD 400,000–500,000.
   • Directors or responsible persons: RSD 40,000–50,000.

Conclusion

The obligation to train first aid workers and provide appropriate first aid equipment is one of many employer responsibilities under the Law on Safety and Health at Work. Ensuring compliance not only protects employees but also shields employers from significant legal and financial penalties.

Attorney at Law Damir Petrović

Disclaimer: The information provided here is for general informational purposes only and does not constitute legal advice. For specific guidance, please consult a legal professional. The Law Firm Petrović Mojsić & Partners disclaims all liability for actions taken or not taken based on this content.