HEALTHY AND SAFE WORKING CONDITIONS ACT

HEALTHY AND SAFE WORKING CONDITIONS ACT

Prom. SG. 124/23 Dec 1997, amend. SG. 86/1 Oct 1999, amend. SG. 64/4 Aug 2000, amend. SG. 92/10 Nov 2000, amend. SG. 25/16 Mar 2001, amend. SG. 111/28 Dec 2001, amend. SG. 18/25 Feb 2003, amend. SG. 114/30 Dec 2003, amend. SG. 70/10 Aug 2004, amend. SG. 76/20 Sep 2005, amend. SG. 33/21 Apr 2006, amend. SG. 48/13 Jun 2006, amend. SG. 102/19 Dec 2006, amend. SG. 105/22 Dec 2006, amend. SG. 40/18 May 2007, amend. SG. 102/28 Nov 2008, amend. SG. 108/19 Dec 2008, amend. SG. 93/24 Nov 2009, amend. SG. 12/12 Feb 2010, amend. SG. 58/30 Jul 2010, amend. SG. 88/9 Nov 2010, amend. SG. 98/14 Dec 2010, amend. SG. 60/5 Aug 2011, amend. SG. 7/24 Jan 2012, amend. SG. 15/15 Feb 2013, amend. SG. 27/25 Mar 2014, amend. and suppl. SG. 79/13 Oct 2015, amend. and suppl. SG. 97/5 Dec 2017

Chapter one.
GENERAL PROVISIONS

Art. 1. (amend. – SG 40/07) (1) By this Act shall be regulated the rights and obligations of: the state, the employers, the workers, the representatives of workers involved in safety and health at work, the persons working at their own expense - by themselves or in an association, and other organisations and legal entities for the purpose of ensuring healthy and safe labour conditions.

(2) This Act shall introduce common prevention principles and measures for stimulation of the improvements of health and safety of workers for the purpose of:

1. occupational hazards prevention;

2. safety and health protection;

3. removal of hazards and the reasons for labour traumatism and professional diseases;

4. informing, consulting, training;

5. balanced participation.

 

 

Art. 2. (1) (amend. – SG 40/07) This Act shall be applied in all enterprises and places where labour activity is carried out or training is conducted regardless of the form of organisation, the kind of ownership and the grounds on which the work or the training are carried out.

(2) (amend., SG 18/03; amend. - SG 102/06; amend. – SG 40/07) This Act shall also be applied:

1. (amend. – SG 102/08; amend. – SG 93/09, in force from 25.12.2009) during peace time in the system of the Ministry of Defence and the Ministry of Interior;

2. to Bulgarian enterprises abroad as far as other has not been provided in the laws of the corresponding country or in an international agreement where the Republic of Bulgaria is a party.

(3) (amend. – SG 40/07; amend. – SG 102/08; amend. – SG 93/09, in force from 25.12.2009; amend. - SG 79/15, in force from 01.11.2015) This Act shall not apply in case the peculiarities of some specific activities in the system of the Ministry of Defence, the Ministry of Interior and State Intelligence Agency inevitably enter in conflict with the requirements of the law. The safety and health of workers with regards to the said activities shall be ensured in the highest possible extent and in compliance with the objectives of this Act.

 

Chapter two.
GENERAL REQUIREMENTS FOR ENSURING HEALTHY AND SAFE LABOUR CONDITIONS

Art. 3. (1) The ensuring of healthy and safe labour conditions shall be implemented according to the specific character of the accomplished activity and the requirements of the technical, technological and social development with objective protection of life, health and working capacity of the working persons.

(2) The healthy and safe labour conditions at sites, production, processes, activities, working places and of working facilities shall be ensured by design, construction, reconstruction, modernisation, entering into operation, as well as maintenance, repairs and bringing out of operation.

 

 

Art. 4. (amend. – SG 40/07) (1) The employer shall be obliged to ensure healthy and safe labour conditions for the workers by applying the measures required, including:

1. professional risks prevention;

2. provision of information and training;

3. ensuring the necessary organisation and resources.(2) The employer shall comply the measures referred to in para 1 with the changing circumstances with the purpose of improvement of the present situation.

(3) The employer shall apply the measures referred to in para 1 by ensuring the common prevention principles:

1. risk avoidance;

2. assessment of the risk which cannot be prevented;

3. risk limitation at the source of their origin;

4. adaptation of the work to the worker, especially with regards to the design of workplaces, the choice of work equipment, of work and production methods with the purpose of assuagement or elimination of monotonous work, the cycle with, as well reduction of their impact on the worker’s health;

5. bringing in compliance with the technical progress;

6. replacement of the dangerous things with safe or less dangerous ones;

7. marking of the existing dangers and the sources of factors hazardous to health and safety.

8. application of consistent overall policy for prevention covering technology, work organisation, labour conditions, social relations and the impact of the elements of the working environment and the labour process;

9. use of the collective protection means with priority to the individual protection means;

10. giving respective instructions to workers.

 

 

Art. 5. (1) Anyone designing construction sites and activities, production, facilities, technologies and working equipment shall be obliged to comply the design with all rules and standards for healthy and safe labour conditions.

(2) (amend. – SG 40/07) In the process of design, construction and entering into operation of the sites the consignor shall be responsible and require, and the respective control bodies shall control the compliance with the rules and the standards for healthy and safe labour conditions by the designer or the builder.

 

 

Art. 6. The entering into operation of new, reconstructed or modernised sites shall be admitted at proved compliance with the requirements for ensuring healthy and safe labour conditions.

 

 

Art. 7. (1) The working places shall have to meet the minimum requirements for ensuring healthy and safe labour conditions.

(2) The minimum requirements for healthy and safe labour conditions shall be determined with an ordinance by the Minister of Labour and Social Policy and the Minister of Health.

(3) at the working places shall be created conditions for protection of the health of the working persons and ensuring safety:

1. maintaining the working places and equipment in technical fitness and removing all disrepairs that could affect the safety and the health of the working as soon as possible;

2. regularly cleaning the working place and equipment and the access roads to them;

3. (suppl. – SG 40/07) regular checking and maintaining fit the protective facilities and the collective and personal protection means;

4. keeping free the roads to the emergency exits and the exits themselves at any time.

 

 

Art. 8. (1) The working facilities have to be appropriate for the work so that not to endanger the health and safety of the working.

(2) The selection of the working facilities shall be implemented according to the specific conditions and characteristics of the work in order to reduce the risks existing in the enterprise for health and the dangers ensuing from using it.

(3) (amend., SG 18/03) The working facilities shall be let on the market and/or in operation and shall be used only if it meets the requirements for healthy and safe labour conditions established with the normative acts.

(4) The working facilities shall be maintained and timely repaired during all the period of its use and after being brought out of operation so that not to threat the health and safety of the working.

(5) In case the working facilities create specific risks for the health and the safety of the working the number of those using it shall be reduced. The mounting, dismantling, replacement, maintenance and repair of these facilities shall be done only by competent people.

 

 

Art. 9. (Revoked - SG, 86/99)

 

 

Art. 10. (1) At work with risk for health and safety which cannot be removed in another way personal protection means shall be used.

(2) The personal protection means shall ensure protection from dangers, be not harmful for health and not impede the work.

(3) (revoked, SG 18/03)

 

 

Art. 11. (1) In order to avoid hand lifting, keeping and carrying of heavy loads appropriate means and equipment shall be used when organising the work.

(2) In the cases when hand lifting, keeping and carrying of heavy loads cannot be avoided organisational measures shall be undertaken and appropriate means for decreasing the damage of health and the risk for accidents with the working people shall be used.

(3) (amend. SG 76/05) The minimum requirements for healthy and safe labour conditions at hand lifting and carrying of burdens shall be determined with an ordinance by the Minister of Health and the Minister of Labour and Social Policy.

 

 

Art. 12. (1) (suppl. - SG 48/06, in force from 01.07.2006) At work with high nervous-psychic pressure, imposed rhythm, monotonous and forced working pose, determined labour norm and shifts shall be introduced physiological regimes of work and rest helping to preserve the health and working capacity of working persons.

(2) The conditions, the order and the requirements for developing the physiological regimes of work and rest shall be determined with an ordinance by the Minister of Health and the Minister of Labour and Social Policy.

 

 

Art. 13. (1) Substances, raw materials and materials with characteristics creating risks for the health shall be used only in technologies effectively protecting the working from diseases and accidents.

(2) (amend. SG 114/03, amend. - SG 97/17) The employer shall create and maintain card index of the information sheets for safety of the used and produced dangerous chemical substances and mixtures.

 

 

Art. 13a. (new – SG 27/14) (1) Legal and natural persons, registered as merchants, may carry out special and technological (repeated) blasting operations only after obtaining authorisation from the Director of the respective Labour Inspectorate Directorate, on the territory of which the operations are to be performed, or by an official authorised by tha latter.

(2) The terms and procedure for performing blasting operations shall be determined by an ordinance, adopted by the Council of Ministers upon proposal by the Minister of Labour and Social Policy.

(3) Authorisation under Para 1 shall not be required for the armed forces of the Republic of Bulgaria.

 

 

Art. 13b. (new – SG 27/14) In order to obtain authorisation for conducting special blasting operations, the persons under Art. 13a shall provide the respective Labour Inspectorate Directorate with:

1. sample application, approved by the ordinance under Art.13a, Para 2;

2. design for performance of special blasting operations;

3. instruction on safe handling of explosives;

4. copy of a document certifying the right to use an explosives warehouse;

5. order for designation of the manager of blasting operations;

6. list of the persons, entitled to access to explosives.

(2) The application under Para 1 shall specify the following:

1. the name of the legal or natural person;

2. the purposes, nature, methods and deadlines for conduct of the blasting operations, including the danger of dust and gas explosion;

3. information about the manager of the blasting operations;

4. data on the warehouse, where the explosives are to be stored, regarding its ownership, type and location thereof.

(3) The design for performance of special blasting operations shall be:

1. drawn up by a Category One designer or by a group of designers, at least one of whom is a Category One designer and the title page, provided that the drawings thereto are signed by the Category One designer;

2. coordinated with the owners of sites, located within the hazardous area and with the municipality mayor, if the blasting operations are to be carried out within settlements.

 

 

Art. 13c. (new – SG 27/14) (1) For the purpose of obtaining authorisation for conduct of technological (repeated) blasting operations the persons under Art. 13a shall provide the respective Labour Inspectorate Directorate with the following:

1. a sample application, approved by the ordinance under Art. 13a, Para 2;

2. a technological design for carrying out technological (repeated) blasting operations;

(2) The application under Para 1 shall specify the following:

1. the name of the legal or natural person;

2. the nature and methods for conduct of the blasting operations, including the danger of dust and gas explosion;

3. information about the manager of the blasting operations;

4. data on the warehouse, where the explosives are to be stored, regarding its ownership, type and location thereof.

 

 

Art. 13d. (new – SG 27/14) (1) In case of omission or irregularity of the documents under Art. 13b, Para 1 and Art. 13c, Para 1, the Director of the respective Labour Inspectorate Directorate or an authorised official shall notify in writing the sender within 5 business days of submission of the application of the omissions and irregularities established and shall specify a deadline for removal thereof, which may not be shorter than 10 days.

(2) Within 5 business days of the application submission or the date of removal of any omissions and irregularities established, the Director of the Labour Inspectorate Directorate under Para 1 or an aithorised official shall issue the authorisation for conduct of special or technological (repeated) blasting operations or a motivated refusal.

(3) Refusal to issue authorisation shall be made in those cases, where the omissions and irregularities in the documents were not removed within the fixed deadline by the notice under Para 1 or in case of failure to meet the requirements for issuance of the authorisation.

 

 

Art. 13e. (new – SG 27/14) (1) In case of replacement of the manager of the blasting operations, the persons having obtained authorisation shall notify the Director of the respective Labour Inspectorate Directorate or the authorised official within three business days of such replacement and attach data relating to the new qualified manager of the blasting operations.

(2) The Director of the Labour Inspectorate Directorate under Para 1 or the authorised official shall, within three business days of submission of the notice of replacement of the manager of the blasting operations, make the respective amendments in the authorisation for performance of blasting operations or issue a motivated refusal.

(3) In case of temporary absence of the manager of the blasting operations, the employer shall designate another qualified manager and within three business days of the designation shall notify in writing the Director of the Labour Inspectorate Directorate under Para 1 or the authorised official, and provide data as regards that manager.

 

 

Art. 13f. (new – SG 27/14) Any refusal under Art. 13d, para 3 and under the procedure of Art. 13e, para 2 may be subject to appeal under the Administrative Procedure Code.

 

 

Art. 13g. (new – SG 27/14) The authorisations for performance of special blasting operations shall be issued only once for the period of conduct thereof and the authorisations for technological (repeated) blasting operations - until the end of the calendar year.

 

Chapter three.
OBLIGATIONS FOR ENSURING HEALTHY AND SAFE LABOUR CONDITIONS

Art. 14. (1) (suppl. SG 76/05; amend. and suppl. - SG 40/07; amend. – SG 7/12) The natural and legal persons hiring on their own workers, the natural and legal persons who use workers conceded to them by enterprise ensuring temporary jobs as well as the persons who for their account work alone or in partnership shall be obliged to ensure healthy and safe labour conditions in all events, related to the work activity, both for the working and for all other persons who on another occasion are in or close to the working premises, sites or places.

(2) (amend. - SG 40/07) The persons of para 1 shall bear responsibility for ensuring healthy and safe labour conditions regardless of the obligations of the workers under this Act, and whether this activity is implemented by their bodies or is assigned to other competent services or persons.

(3) The obligations of para 1 shall be in force at organising and conducting training in all kinds of education establishments, organisations and units for increase of professional qualification.

 

 

Art. 15. (amend. and suppl., SG 18/03; amend. - SG 40/07; amend. – SG 108/08) (1) (suppl. – SG 12/10) The persons of art. 14, para 1, except those working at their own expense, shall file themselves an annual declaration in the Territorial Directorate "Labour Inspection" at the address of registration of the enterprise by 30 April of the following year.

(2) The form, contents, order and method of filing and storage of the declaration referred to in Para 1 shall be determined in an ordinance of the Minister of Labour and Social Policy.

(3) (amend. - SG 97/17) When the circumstances subject to declaring have no changed, an annual declaration shall not be filed.

 

 

Art. 16. (1) Implementing the activity for ensuring healthy and safe labour conditions the employer shall be obliged:

1. (amend. - SG 40/07, amend. - SG 97/17) to assess the risks for health and safety of workers comprising the choice of working facilities, the use of chemical substances and mixtures and the organisation of working places;

2. (amend. - SG 40/07) in compliance with the risk assessment and, where necessary, to plan and apply prevention measures and methods of work and production, which shall:

a) ensure improvement of the level of protection of workers;

b) be integrated in all activities and structural units of the enterprise;

2a. (new - SG 40/07) to assign to the workers tasks according to their competences, experience and abilities, and also their adaptability to safety and health at work;

3. (amend., SG 18/03; amend. - SG 40/07) to account for the specific dangers for workers who need special protection, including these with limited working capacity;

4. to provide the appropriate for the persons of item 3 at their working places for implementing their working functions;

5. to create the necessary organisation for implementing the observation and control for the implementation of the planned measures;

6. to ensure effective control over implementing g the work without risk for the health and in safe way;

7. not to admit to the places where there is serious or specific danger for health and life persons who are not properly trained, instructed and equipped;

8. (amend. - SG 40/07) to undertake the necessary measures for coordination of the activities for ensuring healthy and safe labour conditions when at one site or working place are implemented works or activities by workers of other employers.

(2) (new – SG 76/05; suppl. - SG 48/06, in force from 01.07.2006; amend. - SG 40/07) At implementing their obligations of para 1 the employer must ensure healthy and safe labour conditions and equal degree of protection from production risks for all workers regardless of the duration of the contract and the duration of the working time including at shift work and at night work.

(3) (new – SG 76/05; amend. - SG 40/07; amend. – SG 7/12) The natural and legal persons who use workers conceded to them by enterprise ensuring temporary jobs shall be obliged:

1. to fulfill the activities of para 1;

2. (amend. – SG 7/12) to notify the enterprise ensuring temporary jobs about the specific characteristics at the working place, the professional risks and the necessary professional qualification.

(4) (new – SG 76/05; amend. - SG 40/07; amend. – SG 7/12) The enterprise ensuring temporary jobs shall concede information of para 3 to the interested workers.

(5) (prev. (2) – SG 76/05) The persons who for their account work alone or in partnership with other shall be obliged to make assessment of the risk for the health and safety of the working and to undertake the necessary measures for prevention or decrease of risk.

(6) (prev. (3) – SG 76/05; amend. - SG 40/07) All expenses connected with ensuring healthy and safe labour conditions for the workers shall be entirely for the account of the employer.

 

 

Art. 17. The order, the way and regularity of the risk assessment shall be determined with an ordinance by the Minister of Labour and Social Policy and the Minister of Health.

 

 

Art. 18. (amend. - SG 40/07) When a site, working premises or facilities, working plot or places are used by several enterprises or organisations the employers shall together with a written agreement ensure healthy and safe labour conditions, inform each other about the risks at work and coordinate the activities for protection of the workers from these risks.

 

 

Art. 19. (1) (suppl. SG 76/05; amend. - SG 40/07; amend. – SG 7/12) The employer shall concede to the workers, including also to these working with limited time contract or under the conditions of temporary jobs of art. 14, para 1 or their representatives the necessary information about the health and safety risks as well as about the measures undertaken for removing, decrease or control of these risks.

(2) (new - SG 48/06, in force from 01.07.2006; amend. - SG 40/07) The information referred to in para 1 shall be provided to the workers working on shifts or performing night work.

(3) (prev. text of para 02 - SG 48/06, in force from 01.07.2006; amend. - SG 40/07) The information of para 1 shall be conceded to the workers from other enterprises doing work on the territory of the corresponding enterprise.

 

 

Art. 20. (1) In order to prevent the harmful consequences in case of extraordinary circumstances and according to the specific character of the activity and the scale of the enterprise the employer shall:

1. (amend. - SG 40/07; amend., - SG 88/10, in force from 01.01.2011) ensure organisation for activities for liquidation of the danger, rendering first aid, fire safety and conditions evacuation of the workers as well as the contacts with the services for emergency medical aid, fire safety and civil protection;

2. (amend. - SG 40/07) determine the workers who will implement the measures for liquidation of danger, first aid, fire extinguishing and evacuation of the workers, their number, training and equipment provided for that purpose complying with the specific risks and the scale of the enterprise.

(2) (amend., SG 18/03; amend. - SG 102/06; amend. - SG 40/07; amend. – SG 102/08; amend. – SG 93/09, in force from 25.12.2009) The measures and the rules for ensuring first aid, fire safety and emergency medical aid in case of accidents at the enterprises and the organisations and the training of the workers as per para 1, item 2 shall be determined in an ordinance by the Minister of Interior, the Minister of Health.

 

 

Art. 21. (amend. and suppl. - SG 40/07) In case of or at probability for occurring serious and immediate danger for health and life the employer shall inform in shortest possible time the endangered workers about the activities that are undertaken in connection with their protection, ensure stop of work and evacuation to a safe place and not admit the resumption of work until the danger is not removed.

 

 

Art. 22. (1) When the worker or the employee refuses the implementation or halts the implementation of the work being done due to occurred serious and immediate danger for health and life the employer shall or the line manager shall be obliged to establish the motivation of the refusal and to undertake the necessary measures for removal of the danger.

(2) The employer shall have to ensure the opportunities for the workers and the employees in case of serious and immediate danger for health or life and when they cannot contact with their line manager to undertake measures in compliance with their knowledge and with the available technical means to prevent the consequences of this danger.

(3) (amend. - SG 40/07) The workers shall not be possible to be put in unfavourable position due to the activities of para 1 and 2, unless they have demonstrated negligence or they have not fulfilled the instructions for safety at work of the employer.

 

 

Art. 23. (1) (amend. - SG 40/07) The employer shall obligatory establish, investigate and register any occurred labour accident and the known cases of professional deceases by and order and mode determined by the Code of Social Insurance.

(2) (amend. - SG 40/07) In the cases referred to in para 1 shall be invited representatives of the workers involved in safety and health at work and of the trade unions.

 

 

Art. 24. (1) (amend. SG 76/05) In order to organise the implementation of activities connected with the protection from professional risks and prevention of these risks the employer shall, depending on the scale of activity, the nature of the work and the character of the professional risk, appoint or determine one or more officials with appropriate education and qualification or establish specialised service.

(2) The functions and the tasks of the officials and of the specialised services of par 1 shall be determined with an ordinance by the Minister of Labour and Social Policy. On its basis the employer shall regulate their functions and tasks according to the specific conditions.

(3) (amend., SG 64/00, suppl. SG 76/05) At discretion of the employer the activities of para 1 shall be possible to be assigned with a contract to other corporate bodies and individuals or to be implemented by him in the cases he is individual.

(4) (new - SG 40/07) In case the employer assigns the activities referred to in para to be carried out by other legal or natural persons, the employer shall be obliged to provide them with the information as per Art. 19, para 1.

(5) (new - SG 40/07) The employer shall provide to the persons referred to in para 1 as well as the representatives of the workers involved in safety and health at work access to:

1. risk assessment and protection measures laid down in Art. 16, para 1, items 1 and 2;

2. the information related to the activities referred to in Art. 23;

3. the information received as a result of implementation of protection and prevention measures;

4. the information received from the observations and instructions of the control bodies in the sphere of safety and health at work.

 

 

Art. 25. (1) (amend. - SG 40/07) The employers shall ensure servicing to the workers by registered labour medicine units.

(2) (amend. - SG 40/07) The labour medicine units shall be units with primarily preventive functions. They shall consult and support the employer, the committees and groups for labour conditions in planning, organisation of the activities related to:

1. ensuring and maintenance of healthy and safe labour conditions;

2. (amend., SG 18/03) improvement of the health and the working capacity of the working in connection with the work implemented by them;

3. (new - SG 40/07) adaptation of the work to the abilities of the worker, taking into account the physical and mental health of the latter.

(3) (amend. - SG 40/07) The labour medical units shall be established by:

1. the employers independently or in cooperation;

2. (amend. – SG 60/11, in force from 05.08.2011) natural or legal persons, registered under the Commerce Act, the Cooperatives Act, or under the Non-Profit Legal Entities Act, and also by companies under the legislation of an European Union Member State or a state which is a party to the Agreement on the European Economic Area for servicing of workers.

(4) (new - SG 40/07) For the purpose of servicing of workers the medical establishments may form labour medicine units, established as individual legal persons.

(5) (amend., SG 18/03; revoked, prev. text of para 4 - SG 40/07) When for the employer it is practically impossible alone or in partnership to establish labour medical service, he shall conclude a contract with a registered labour medicine unit.

(6) (new, SG 70/04; revoked - SG 40/07)

 

 

Art. 25a. (new - SG 40/07) (1) The main activities of the labour medicine units are:

1. rendering assistance to employers for establishing organisation for safety and health at work;

2. professional risk assessment and analysis of the health condition of the workers;

3. proposal of measures for elimination and reduction of the assessed risk;

4. supervision of the health condition of the workers;

5. training of workers and officials with respect to the rules for observing health and safety at work.

(2) The labour medicine units shall maintain and keep the documentation defined by the ordinance as per Art. 25b, para 4.

(3) (suppl. - SG 97/17) The labour medicine units shall carry out their activities in accordance with established quality standards and with the requirements of the normative acts for ensuring health and safety at work.

(4) (new - SG 97/17) Quality Standards of the labour medicine units shall be approved by the Minister of Health and the Minister of Labor and Social Policy with the Ordinance under Art. 25b, para. 4.

 

 

Art. 25b. (new - SG 40/07) (1) The minimum personnel of the labour medicine units shall include:

1. a person having educational qualification Master’s degree in medicine and with speciality "labour medicine" acquired;

2. (amend. - SG 97/17) a person having higher education by educational majors from the professional areas in the field of technical sciences according to the Classifier of Higher Education Areas and Professional Fields and three years of professional experience in the sphere of safety and health at work;

3. a technical executor with at least secondary education.

(2) Employment contracts with the workers in labour medicine units shall be concluded, amended and terminated pursuant to the Labour code.

(3) In the personnel of labour medicine units and at performing specific tasks may not be included:

1. persons working at the Ministry of Health and the Ministry of Labour and Social Policy and their control bodies;

2. medical experts who have lost legal capacity within the meaning of the Health Act;

3. (amend. – SG 98/10, in force from 01.01.2011) persons, who have signed contract with the National Health Insurance Fund and are registered in the regional health inspections.

(4) The terms and the procedure for carrying out the activity of labour medicine units shall be determined by an ordinance of the Minister of Health and the Minister of Labour and Social Policy.

(5) The time period, during which medical experts work at labour medicine unit shall be considered professional length of service.

 

 

Art. 25c. (new - SG 40/07) (1) Labour medicine units shall be registered at the Ministry of Health.

(2) The registration of labour medicine units shall be carried out by the Minister of Health upon proposal by the Committee for Registration of Labour medicine units.

(3) The Committee referred to in para 2 shall be appointed by an order the Minister of Health and shall consist of a chairperson and 8 members.

(4) The chairperson of the Committee referred to in para 2 shall be appointed by the Minister of Health.

(5) The Minister of Health, the Minister of Labour and Social Policy, the national representative employer organisations and the national representative organisations of workers shall each appoint two of their representatives for members of the Committee referred to in para 2.

 

 

Art. 25d. (new - SG 40/07) (1) For the purpose of registration of labour medicine units the persons that have established them shall submit applications, to which shall be enclosed:

1. data, containing name, seta of business and address;

2. copy of the court registration act or of another document concerning establishment of the persons as per Art. 25, para 3;

3. contract between employers – in the cases referred to in Art. 25, para 3, item 1.

4. (amend. – SG 60/11, in force from 05.08.2011) information about the Unified Identification Code of the company of the co-operation from the Trade Register or recent certificate of registration of the persons, registered under the Non-Profit Legal Entities Act, and for the companies registered in an European Union Member State or in a state which is a party to the Agreement on the European Economic Area – a document of a valid registration under the national legislation, issued by a competent body of the respective state;

5. a list of the minimum personnel of experts from a labour medicine unit;

6. notary certified copies of documents verifying the education and qualification of the experts referred to in item 5;

7. declaration by the persons referred to in item 5 that they meet the requirements laid down in Art. 25b, para 3;

8. (revoked – SG 60/11, in force from 05.08.2011);

9. document for paid state fee in amount, fixed by the tariff as per para 7.

(2) In the event of incompleteness or irregularity of the documents referred to in para 1 the minister or an official authorised by him/her shall notify the persons of the incompleteness and irregularities found in the documents within 30 days from the date of submission of the application, fixing a term not shorter than 14 days for removal thereof by the notification.

(3) Within 30 days from submission of the application or from the date of removal of the incompleteness or irregularity found the Minister of Health or an official authorised by him/her upon proposal by the Committee for Registration of Labour medicine units shall issue a certificate of registration to a Labour medicine unit or make a grounded refusal of registration.

(4) Refusal of registration shall be made in those cases where the incompleteness and irregularities in the documents have not been removed within the term fixed by the notification as per para 2, or in case of non-conformity with the requirements for registration.

(5) Refusals referred to in para 4 shall be subject to appeal according to the Administrative Procedure Code.

(6) The Ministry of Health shall keep a public register of the labour medicine units. The data from the register shall be published on the website of the Ministry of Health in the Internet.

(7) For the purpose of issue of a certificate of registration of labour medicine unit referred to in para 3 and for re-registration of labour medicine unit as per Art. 25e, para 2 shall be collected fees in amount, specified in the tariff as per Art. 46 of the Health Act.

 

 

Art. 25e. (new - SG 40/07) (1) In the event of change of the circumstances referred to in Art. 25d, para 1 the persons, who have established labour medicine units shall inform in writing the Minister of Health within a period of seven days from the occurrence thereof, and shall attach documents, certifying the change.

(2) (amend. – SG 60/11, in force from 05.08.2011) Within a period of 20 days from submitting the application for change in the circumstances, upon proposal by the Committee for Registration of Labour medicine units, the Minister of Health or an official, authorised by him/her, shall enter the changes in the register of Labour medicine units, and in cases under Art. 25d, par. 1, items 1, 3 and 5 shall issue also a certificate of amendment of the registration or make a motivated refusal.

(3) The Minister of Health or an official, authorised by him/her, shall issue an order for deletion of registered Labour medicine units from the register in the event of:

1. submitted application for deletion from the register by the persons, who have established Labour medicine units;

2. termination of the activity of the persons, who have established Labour medicine units;

3. violations of the requirements laid down in Art. 25b, paras 1, 3 and 4 have been found;

4. system offences of Art. 25a found by the control bodies;

5. documents of untrue contents, related to the registration of a unit have been found.

(4) The refusal referred to in para 2 and the order under para 3 shall be subject to appeal pursuant to the Administrative Procedure Code.

 

 

Art. 26. (1) (amend. - SG 40/07) The employer shall be obliged to consult with the workers or with their representatives and organisations giving them opportunity to participate in:

1. (amend. - SG 40/07) discussion and adoption of all measures which refer to health and safety of workers;

2. (amend. - SG 40/07) appointment of workers who will carry out activities related to ensuring healthy and safe labour conditions, first aid, fire control and evacuation of workers;

3. (amend. - SG 40/07) planning and organisation of training of workers concerning the healthy and safe labour conditions.

(2) The employer shall be obliged to ensure:

1. (suppl. SG 76/05; suppl. - SG 48/06, in force from 01.07.2006; amend. - SG 40/07; amend. – SG 7/12) for each working person, including also these working with fixed time legal relation of employment or in the cases of temporary job under art. 14, para 1, as well as workers in shifts or performing night work, appropriate training and instructions regarding health and safety at work in compliance with the specific characteristic of each individual working place and profession in the event of;

a) commencement of work;

b) moving to another job or change of work;

c) introduction of new or change of existing work equipment and technology;

2. all then expenses for conducting the training which is being carried out during working time.

(3) (new - SG 40/07) The training and the instructions referred to in para 2, item 1 shall be conducted periodically, accounting the new or changed hazards.

 

 

Art. 27. (1) (amend. - SG 40/07; amend. – SG 27/14) In the enterprises with more than 50 workers and employees shall be established committees for labour conditions, consisting of 4 to 10 members.

(2) (amend. - SG 40/07) The committee referred to in para 1 shall include representatives of the employer and equal number of representatives of the workers involved in health and safety at work.

(3) (amend. SG 76/05; amend. - SG 40/07; revoked – SG 27/2014)

(4) (amend. - SG 40/07) Chairman of the committee for labour conditions shall be the employer or his representative and deputy chairman - representative of the workers involved in health and safety at work.

(5) (amend. - SG 40/07) In the work of the committee referred to in para 1 may also participate representatives of the control bodies, of the Labour medicine office and external experts.

(6) (amend. - SG 40/07; amend. – SG 27/14) In the enterprises with a large workforce, complex structure and territorial fragmentation shall be possible to be established besides committees of enterprise level also committees at the corresponding structural units.

 

 

Art. 28. (1) (amend., SG 18/03, amend. SG 76/05; amend. - SG 40/07; amend. – SG 27/14) In enterprises and organisations with a personnel of 5 up to 50 workers inclusive, as well as in the separate structural units of the enterprises under art. 27, par 6 shall be established groups for labour conditions.

(2) (amend. - SG 40/07) The group for labour conditions shall be comprised by the employer or the chief of the corresponding structural unit and one representative of the workers involved in safety and health at work.

(3) (revoked - SG 40/07)

(4) (revoked - SG 40/07)

 

 

Art. 28a. (new – SG 27/14) (1) The representatives of workers, in charge of safety and health at work and the deputy chairperson of the committee for labour conditions shall be elected by the general meeting of the enterprise pursuant to Art. 6 of the Labour Code for a term of office of 4 years.

(2) Early termination of the term under Para 1 may be requested by at least one-third of the total number of employees of the enterprise and shall be adopted by a majority of more than half of the participants in the general meeting.

 

 

Art. 29. The committees and the groups for labour conditions shall:

1. discuss every quarter the overall activity for health preservation and ensuring safety for the working, and propose measures for improvement;

2. (amend. - SG 40/07) discuss the results of professional risk assessment and the analyses of the health status of the working, the reports of the specialised labour medicine units and other issues for ensuring and preservation health and safety for workers;

3. (amend. - SG 40/07) discuss the planned changes of the technologies, the work organisation and with regards to the consequences from the choice of equipment, labour conditions and the working environment and propose solutions for preservation of health and ensuring safety for the workers;

4. implement checks for observation of the requirements for healthy and safe labour conditions;

5. monitor the status of labour traumatism and professional diseases;

6. participate in the development of a programme for information and training of those working with the problems of healthy and safe labour conditions.

 

 

Art. 30. (1) The representatives at the committees and the groups for labour conditions shall be obligatory trained according to programmes, order and requirements determined by the Minister of Labour and Social Policy and the Minister of Health.

(2) (amend. - SG 40/07) The representatives of the workers at the committees and groups for labour conditions shall have the right to:

1. access to the available information about the labour conditions, analyses of labour traumatism and professional diseases, the statements and the recommendations of the control bodies;

2. require from the employers to undertake the necessary measures and to make proposals for removal of the dangers or for temporary restriction of the risk for the health and safety;

3. address the control bodies if they decide that the measures taken by the employer are not sufficient to guarantee the health and safety of the working;

4. participate in the checks implemented by the control bodies.

(3) (amend. - SG 40/07; amend. – SG 27/14) In addition to the rights enlisted in Para 2, when functioning in the group for labour conditions the deputy-chairperson of the committee for labour conditions and the representative of the workers responsible for safety and health at work, shall be entitled to:

1. access to all workplaces at the enterprise or at the structural unit;

2. receive information directly from the employees on all issues in the sphere of health and safety;

3. participate in investigations of workplace accidents and for establishment of the causes of occupational diseases;

4. participate in the preparation of drafts if internal rules and ordinances on health and safety at work, to which the employer shall invite them;

5. demand from the employer or from the body competent for health and safety at the enterprise to suspend the operation of working equipment or to prohibit the use of hazardous chemical substances and mixtures.

(4) (amend. - SG 40/07; amend. – SG 27/14) The persons under Para 3 shall be obliged to:

1. be acquainted with the statutory acts in the field of safety and health and to see to the compliance thereto;

2. in case of any violations or non-performance of obligations is established, to ensure health and safety at work and to inform the employer and propose adequate measures;

3. inform the employees of the results of the activities carried out under Para 3;

4. refrain from disclosing or using for own account or for the account of third parties any information, which had become known to them during or in relation to performance of their activity, which constitutes an industrial or trade secret, as well as the personal data of the employees, unless the latter have granted their express consent for its disclosure.

5. sign declarations of non-disclosure of information and personal data in relation to the duties under Para 4, which shall remain valid also after termination of their powers.

 

 

Art. 30a. (new – SG 27/14) (1) In those cases where any working equipment and/or hazardous chemical substances and mixtures pose an imminent danger to health and life of employees and there would be no other option to minimise the risk, the deputy-chairperson of the committee on labour conditions and the representative of the workers responsible for safety and health at work, when functioning in the group for labour conditions, shall notify in writing the official in charge and/or the employer of the danger established and may request them to impose a temporary ban on usage thereof.

(2) The employer may lift the ban under Para 1 after ascertaining that the danger had been eliminated.

(3) Where the employer fails to take the necessary measures to eliminate the hazard, the deputy-chairperson of the committee for labour conditions and the representative of the workers in charge of safety and health, when functioning in the group for labour conditions at work, shall alert the control bodies.

 

 

Art. 30b. (new – SG 27/14) The employer shall provide the representatives in committees and groups for labour conditions with the requisite conditions, means and time to exercise their rights and functions, as well as the training and qualification required, which shall be conducted during working hours, with no prejudice to their remuneration.

(2) Representatives of workers sitting on committees and groups for labour conditions may not be placed in any disadvantageous position for their actions related to ensuring health and safety at work.

 

 

Art. 31. (1) The committees and groups for labour conditions shall work in close cooperation with the specialised services and divisions of the enterprise which are related with creating and ensuring healthy and safe labour conditions.

(2) When at a site, working plot or working place are implemented works and activities by several enterprises or organisations a joint committee (group) for healthy and safe labour conditions shall be established.

 

 

Art. 32. (amend., SG 18/03) (1) (amend. SG 76/05) In the co-operations consisting of 5 and more co-operators shall be established group for labour conditions, and in co-operations consisting of more than 50 co-operators – committee for the labour conditions.

(2) The representatives in the committees or groups for labour conditions shall be elected by the general assembly of the cooperation. The chairman of the committee or groups for labour conditions shall be the chairman of the cooperation.

 

 

Art. 32a. (new – SG 27/14) In enterprises with fewer than 5 employees, the employer shall discuss with workers and employees issues on safety and health at work, including the emergence of risks that present an imminent hazard to health, safety or life of workers.

 

 

Art. 33. Everyone working shall be obliged to look after the health and safety as well as for the health and safety of the other persons directly influenced by his activity in compliance with his qualification and the instructions given by the employer.

 

 

Art. 34. (1) (amend. - SG 40/07) The workers in compliance with their qualification and the instructions shall be obliged to:

1. use correctly the machines, the apparatus, the instruments, the dangerous substances and materials, the transport means and other working facilities;

2. (suppl. – SG 40/07) use correctly the personal protection means and special working clothing given to them and return them afterwards to the respective place for preservation;

3. (amend. – SG 40/07) use correctly and according to their purpose and not to remove, turn off or change without instruction the means of collective protection and the protection devices with which the machines are equipped, the devices, the instruments, the enterprise or the building;

4. inform immediately the employer or the corresponding officials about any situation occurred at working which could be immediate danger for their health and about all imperfections of the means for collective protection;

5. (amend. and suppl. – SG 40/07) cooperate with the employer. the corresponding officials and/or the representatives of the workers involved in health and safety at work in implementation of the measures for ensuring healthy and safe labour conditions and the recommendations given by the control bodies.

(2) Any worker or employee who temporarily removes protection means or signalisation at implementing repair, mounting, prophylactics etc., shall be obliged to restore it immediately or to undertake other protective measures with the same efficiency.

 

Chapter four.
ORGANISATION AND MANAGEMENT OF THE ACTIVITY

Art. 35. The Council of Ministers shall determine and conduct the policy for ensuring healthy and safe labour conditions.

 

 

Art. 36. (amend., SG 18/03) The Minister of Labour and Social Policy shall develop, coordinate and conduct the state policy in the field of ensuring healthy and safe labour conditions by:

1. preparing every year together with the Minister of Health analyses about the status, the tendencies and the problems of the activities for ensuring healthy and safe labour conditions and preparing measures for improvement;

2. (amend., SG 18/03) independently or with other ministers issue normative acts for providing healthy and safe labour conditions, organise and coordinate the working out of normative acts in this sphere, when they are of competence of other ministers, and approve rules for providing healthy and safe labour conditions;

3. (amend., SG 25/2001) implement integrated control through the Executive Agency "Chief labour inspectorate" over the compliance with the legislation and the fulfilment of the obligations for ensuring healthy and safe labour conditions in all sectors and activities regardless of the form of ownership;

4. determine the conditions, the order and the requirements for implementing training, measurements and consultancy in the field of labour safety;

5. (revoked, SG 18/03)

 

 

Art. 36a. (new – SG 108/08) (1) Every 5 years after consultations with the employers’ and employees’ organizations recognized as representative on national level, the Minister of Labour and Social Policy shall present to the European Commission a consolidated report regarding the implementation of:

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 further referred to as "Directive 89/391/EEC";

2. the individual directives under Art. 16, Paragraph 1 of Directive 89/391/EEC;

3. Council Directive 91/383/EEC of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed- duration employment relationship or a temporary employment relationship, Council Directive 92/29/EEC of 31 March 1992 on the minimum safety and health requirements for improved medical treatment on board vessels, Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work, Council Directive 91/382/EEC of 25 June 1991 amending Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work (second individual Directive within the meaning of Article 8 of Directive 80/1107/EEC).

(2) The report under Para 1 shall be drawn up in compliance with structure and contents determined by the European Commission.

(3) The report under Para 1 shall be presented to the European Commission within 12 months from the end of the 5-year period it shall apply to.

 

 

Art. 37. (amend., SG 18/03) The Minister of Health shall manage and coordinate the activity for preservation and improvement of health at work by:

1. analysing the status of working environment and of the working process and their influence over the health and developing obligatory measures for decreasing the professional diseases and those related with labour;

2. (amend., SG 18/03) developing national programmes for preservation and improvement of health and working capacity and supporting methodically their implementation;

3. approving standards, rules, requirements and methods for protection of the health of working and for assessment of the health risk;

4. assessing the health status of the working persons;

5. managing methodically the activity and determining the conditions, the order and the requirements for implementing training, measurement and consultancy in the field of professional health and labour medicine.

6. (new, SG 18/03; amend., SG 70/04) exercise control over the activity of the labour medicine units through the bodies of the state health control.

 

 

Art. 38. The policy for ensuring healthy and safe labour conditions shall be determined and implemented after coordination within permanent or temporary structures of the tripartite cooperation at national, sector and regional level.

 

 

Art. 39. (1) Permanent body for implementing coordination, consultancy and cooperation in development and implementation of the policy for ensuring healthy and safe labour conditions at national level shall be the National Council for labour conditions.

(2) The National Council for labour conditions shall operate at non payment basis and shall be comprised by representatives of:

1. the Council of Ministers;

2. the National insurance institute;

3. the nationally represented organisations of employers;

4. (amend. – SG 40/07) the nationally represented organisations of workers;

5. (revoked, SG 18/03)

(3) Chairman of the National Council for labour conditions shall be the Minister of Labour and Social Policy.

(4) (amend. – SG 40/07) The representative organisations of the workers and of the employers participating in the National Council for labour conditions shall determine among themselves two deputy chairpersons of the council.

(5) The members of the National Council for labour conditions shall approve a regulation for the work of the council.

(6) The organisation of the activity, the technical and administrative service of the National Council for labour conditions shall be implemented by the Ministry of Labour and Social Policy.

 

 

Art. 40. The National Council for labour conditions shall:

1. (suppl. - SG 97/17) discuss the status of labour conditions and the labor inspection activity and propose measures for improvement;

2. (new - SG 97/17) discuss the National Program on Safety and Health at Work and reports on its implementation;

3. (prev. item 2, amend. - SG 97/17) discuss and express statement about drafts of normative acts in the field of labour conditions and make proposals for amendments;

4. (prev. item 3 - SG 97/17) take decisions about establishing sector and branch structures for tripartite cooperation for labour conditions;

5. (prev. item 4 - SG 97/17) create auxiliary bodies of the council for solving specific problems;

6. (prev. item 5 - SG 97/17) coordinate the activity of the bodies to which is assigned the exercising of control in the field of labour conditions;

7. (prev. item 6 - SG 97/17) investigate and promote own and foreign experience, organise national competitions, seminars, actions and other forms for stimulation of the activity;

8. (prev. item 7 - SG 97/17) approve programmes for investigation and development of projects for solving the problems for ensuring healthy and safe labour conditions, financed by fund "Labour conditions".

9. (new - SG 97/17) take decisions to carry out joint inspections under the Labor Inspection Act.

 

 

Art. 41. (1) (amend. – SG 40/07) The sector and branch councils shall be comprised by representatives of the National sector or branch federations, unions and trade unions of the representative organisations of workers, of the sector and branch structures of the representative organisations of the employers and equal to their number representatives of the corresponding ministry or administrative body.

(2) The sector and branch councils for labour conditions shall elect from their members a chairman and approve rules for the activity of the council.

 

 

Art. 42. (1) The sector and branch councils for labour conditions shall:

1. analyse the status of the activity for ensuring healthy and safe labour conditions in the corresponding sector;

2. organise the development and discuss the drafts for rules and requirements for

ensuring healthy and safe labour conditions specific for the corresponding sector;

3. investigate and promote experience, organise competitions, seminars, actions etc.;

4. (amend. – SG 40/07) organise and conduct training in rules, standards and methods ensuring healthy and safe labour conditions for the employer, the officials and the representatives of the workers.

(2) At a decision of the sector or the branch councils for labour conditions it shall be possible to be created at them temporary structures for working out specific issues.

 

 

Art. 43. (1) (amend. – SG 40/07) The regional (district and municipal) councils for labour conditions shall be comprised by representatives of the existing regional unions or organisations of the representative organisations of the workers and by equal to their number representatives of the district administration or the local government bodies.

(2) The regional councils for labour conditions shall:

1. approve regional programmes for investigation and development of projects for optimisation of labour conditions and present them to fund "Labour conditions" for funding;

2. discuss the status of the activity for ensuring healthy and safe labour conditions in the region or in separate enterprises;

3. coordinate the activity of the territorial bodies for control of labour conditions;

4. render cooperation to the committees and the groups for labour conditions for solving concrete problems.

 

Chapter five.
FUND "LABOUR CONDITIONS"

Art. 44. (1) (prev. text of art. 44 - amend., SG 18/03; amend. SG 15/13, in force from 01.01.2014) For financing activities and measures for improvement of labour conditions shall be created fund "Labour conditions" with the Minister of Labour and Social Policy.

(2) (new, SG 18/03) Fund "Labour conditions" is a corporate body with headquarters in Sofia.

 

 

Art. 45. (1) (amend., SG 18/03) The resources of fund "Labour conditions" shall be collected and spent by the budget of the Ministry of Labour and Social Policy.

(2) Sources for collecting resources for fund "Labour conditions" shall be:

1. purposed annual subsidy from the state budget in extent determined every year with the Act on the State Budget of the Republic of Bulgaria;

2. (amend., SG 18/03) sums from fund "Labour accident and professional disease" of the state public insurance, provided according to the budget of the fund for financing activities for reduction of the frequency and burden of the insured social risks "labour accident" and "professional disease";

3. (new - SG 105/06, in force from 01.01.2007) sums from fund "Labour accident and professional disease" of the state public insurance, provided according to the budget of the fund for financing activities for diagnosing the professional diseases;

4. (revoked, SG 18/03; prev. text of item 03 - SG 105/06, in force from 01.01.2007) voluntary payment, grants and wills from Bulgarian and foreign citizens and corporate bodies;

5. incomes from events with charity purposes;

6. advertising activity;

7. other sources determined with an Act or a Regulation of the Council of Ministers.

 

 

Art. 46. (1) The resources of the fund "Labour conditions" shall be spent for:

1. funding of projects and programmes for improvement of labour conditions with branch importance and applicability of the results;

2. (new, SG 18/03, amend. SG 76/05; amend. – SG 40/07) participation in financing projects for improvement of the labour conditions with high social effect of the results in the individual enterprises, determined by way of competition; the financial participation amounts up to 30 percent of the value of the project;

3. (new - SG 105/06, in force from 01.01.2007) diagnosing the professional diseases;

4. (prev. item2 - SG 18/03; prev. text of item 03 - SG 105/06, in force from 01.01.2007) development of normative acts, rules and requirements;

5. (prev. item 3 - SG 18/03; prev. text of item 04 - SG 105/06, in force from 01.01.2007) organising and conduct of specialisations in the field of healthy and safe labour conditions;

6. (new – SG 40/07) organising and carrying out special trainings, seminars and conferences in the sphere of health and safety labour conditions;

7. (new – SG 40/07) supervision and control over labour conditions and working environment factors;

8. (prev item 4 - SG 18/03; prev. text of item 05 - SG 105/06, in force from 01.01.2007; prev. text of item 6 – SG 40/07) development and publishing of training and information materials;

9. (prev. item 5 - SG 18/03; prev. text of item 6 - SG 105/06, in force from 01.01.2007; prev. text of item 7 – SG 40/07) maintenance of the activity of the fund.

(2) (amend., SG 18/03, amend. SG 76/05; suppl. - SG 105/06, in force from 01.01.2007; amend. – SG 40/07) The resources under para 1, items 1, 2, 4, 5, 6, 7, 8 and 9 shall be conceded gratuitously under conditions and by an order determined by an ordinance of the Minister of Labour and Social Policy.

(3) (new - SG 105/06, in force from 01.01.2007) The resources under para 1, item 3 shall be spent under conditions and order determined in an ordinance of the Minister of Labour and Social Policy and the Minister of Health.

 

 

Art. 47. (1) (amend. SG 76/05) The body for management of fund "Labour conditions" shall be the management council comprised by chairman, deputy chairman and seven members.

(2) The chairman of fund "Labour conditions" shall be appointed by the Minister of Labour and Social Policy who shall also determine three members of the fund.

(3) (amend., SG 18/03, amend. SG 76/05; amend. – SG 40/07) The National council for labour conditions shall elect among its members four members of the members of the management council (two from the nationally representative organizations of the workers and of the employers) on of which for deputy manager.

(4) (new - SG 76/05) The representative of the National insurance institute in the National council for labour conditions shall also be member of the management council of fund "Labour conditions".

 

 

Art. 48. The management council of fund "Labour conditions" shall:

1. work out regulation for its activity;

2. (amend., SG 18/03) work out and coordinate with the National council for labour conditions the budget of the fund;

3. (amend., SG 18/03) propose the budget of the fund for approval to the Minister of Labour and Social policy;

4. (amend. - SG 105/06, in force from 01.01.2007) compile annual financial statement according to the requirements of the Accountancy Act;

5. prepare annual report about the activity of the fund;

6. (amend., SG 18/03) approve projects and programme for financing by the resources of the fund, and conclude contracts with the contractors of the projects and programmes having received financing;

7. (new, SG 18/03) propose for approval by the Minister of Labour and Social Policy the structure and the personnel of the fund.

 

 

Art. 48a. (new, SG 18/03) The manager of Fund "Labour conditions" shall:

1. organise the activity and chair the meetings of the managing board;

2. represent the fund;

3. appoint and discharge the employees of the fund;

4. have the right to administer sums of up to 3000 levs monthly, within the framework of the resources for current expenses, approved by the annual budget of the fund.

 

 

Art. 49. The Minister of Labour and Social policy shall approve:

1. Regulation for the activity of fund "Labour conditions";

2. Regulation for the activity of the management council of fund "Labour conditions".

 

 

Art. 50. (amend., SG 92/00, amend. - SG 33/06) The control over the collecting of resources for fund "Labour conditions" shall be implemented by the Audit office and the Agency for state financial inspection.

 

Chapter six.
ECONOMIC FORMS FOR IMPROVEMENT OF LABOUR CONDITIONS

Art. 51. (1) (amend. – SG 40/07) The workers shall obligatory be insured for professional disease and labour accident the insurance payments being for the account of the employers.

(2) revoked – SG 76/05

(3) The conditions and the order for insurance for labour accidents and labour diseases shall be provided by a separateAct.

 

 

Art. 52. (1) (amend. - SG 40/07) The workers who carry out work at which exists danger for their life and health shall obligatory be insured for the risk "labour accident" for the account of the employer under conditions and order determined with act of the Council of Ministers.

(2) At determining the conditions and the order of para 1 shall be accounted for the implemented economic activity of the enterprise and the average for the country of the coefficients and gravity of the labour accidents.

 

 

Art. 53. revoked – SG 76/05

 

Chapter seven.
CONTROL AND ADMINISTRATIVE PUNITIVE RESPONSIBILITY

Art. 54. (1) Overall control over the compliance with this Act shall exercise the Ministry of Labour and Social Policy.

(2) (Amend., SG 25/2001) The specialised control activities about the implementation of this Act as well as of other normative acts shall be implemented by the Executive Agency "Chief labour inspectorate" with its structures.

(3) (Amend., SG 25/2001) The structure and the activity of the Executive Agency "Chief labour inspectorate" shall be determined with a regulation approved by the Council of Ministers.

 

 

Art. 54a. (new – SG 40/07) (1) The bodies of the state health control shall exercise control over the activity of the Labour medicine units with regards to:

1. registration and compliance of the data and the documents referred to in Art. 25d, para 1 and Art. 25e, para 1 with the factual status;

2. fulfilment of the activities as per Art. 25a, para 1 contracted with the employer, related to health of workers;

3. the documents certifying the activity of the unit.

(2) Control shall be carried out currently and in cases of submitted appeals and signals.

(3) The bodies of the state health control shall be entitled to:

1. free access to labour medicine units;

2. require information and documents from the labour medicine unit in relation to its activity;

3. give obligatory instructions to the labour medicine unit for elimination of ascertained offences;

4. compile acts for ascertained administrative offences.

(4) At fulfilment of their obligations the bodies of the state health control shall be obliged to keep in secret the facts and circumstances which have become known to them during the inspection and which comprise production and commercial secret of the controlled enterprises.

 

 

Art. 54b. (new – SG 40/07) (1) The persons who have registered labour medicine unit and the heads of the labour medicine units and who do not fulfil their obligations under this Act, if not subject to a heavier penalty, shall be punished by a property sanction or a fine amounting from 1500 to 5000 BGN and the guilty official, if not subject to a heavier penalty by a fine amounting from 250 to 1000 BGN.

(2) For repeated offence the penalty as per para 1 shall be a property sanction or a fine amounting from 3000 to 10 000 BNG, and with regards to the guilty official – a fine amounting from 500 to 2000 BGN.

 

 

Art. 54c. (new – SG 40/07) (1) (amend. – SG 98/10, in force from 01.01.2011) The offences referred to in Art. 54b shall be ascertained by acts, compiled by officials in the regional health inspections, explicitly authorised by the director to exercise control over the activity of the labour medicine units.

(2) (amend. – SG 98/10, in force from 01.01.2011) The penal decrees for offences under Art. 54b shall be issued by the director of the regional health inspection.

 

 

Art. 54d. (new – SG 40/07) The ascertainment of offences, the issue, appeal and execution of the penal decrees shall be carried out pursuant to the Administrative Violations and Penalties Act.

 

 

Art. 55. (suppl. - SG 58/10, in force from 30.07.2010) The persons breaching the requirements or not implementing their obligations under this Act shall bear responsibility under art. 413, 414, 415, 415c and 416 of the Labour Code and the other acts and statutory instruments specific for this activity.

 

Additional provisions

§ 1. In the sense of this Act:

1. "Healthy and safe labour conditions" are such labour conditions that do not lead to professional diseases and accidents at work and create preconditions for full physical, psychological and social welfare of the working persons.

1a. (new – SG 40/07) "Prevention" are all measures being undertaken or planned in all stages of work in the enterprise for the purpose of prevention, limitation and/or elimination of professional risks.

2. "Employer" is the notion determined in § 1, item 1 of the additional provisions of the Labour code as well as everyone assigning work and bearing the whole responsibility for the enterprise, the cooperation or the organization.

2a. (new – SG 40/07) "Worker" shall be any person, hired by an employer, as well as a person who works for himself/herself, including the ones training or the trainees – for the time of training, service and practice.

2b. (new – SG 40/07; amend. – SG 27/17) "Representative of workers involved in safety and health at work" shall mean any worker or employee elected to represent the workers before the employer or the state authorities on matters in the area of safety and health at work, including in the event of risks that present an imminent hazard to health, safety or life of employees.

2c. (new – SG 40/07) "Enterprise" is the concept defined in § 1, item 2 of the Additional provisions of the Labour code.

3. "Harmful factors for health and safety" are physical (in this number mechanical, acoustic, electrical, optical, radiation, ionizing, vibration etc.), chemical, biological, psychological, organizational and other impacts influencing negatively or threatening the health and safety of working persons.

4. "Professional risk ("risk") is the probability of occurrence of unfavourable consequences for the health and safety of the working persons at concrete impact of harmful factors at work and the extent of the consequences.

5. "Health risk" is the probability for occurrence of unfavourable changes of the health status at concrete impact of harmful for the health factors and the extent of these changes.

6. "Collective protection means" is design, construction, technological, organisational or other technical solution isolating the space where it is possible or is performing the danger from the location of the working or other persons who could be damaged.

7. (amend. – SG 40/07) "Personal protection means" is any facility, equipment, designed to be worn or used by the working person in order to prevent him from one or more possible dangers threatening his health and safety at work, as well as any other addition, accessory or special working clothing, designed for the same purpose.

8. "Protection facility (element, equipment, protective device)" is part of the working facility implementing protective (preserving) function at its use as well as at damage, blocking or incorrect action creating threat for the health, safety or life of people which could be damaged. This could be also separately produced facilities which is provided to fulfill the same tasks.

9. "Minimum requirements for ensuring healthy and safe labour conditions" are the lowest admissible requirements for preservation of the health of the working and ensuring their safety at work. The employer shall be able to realise higher requirements with which to implement better level of protection of the working but not lower than the minimum requirements.

10. (new – SG 76/05; amend. - SG 40/07; amend. – SG 7/12) "An enterprise ensuring temporary jobs" is the term, defined in § 1, item 17 of the additional provisions of the Labor Code.

11. (new – SG 108/08) "Individual Directives under Art. 16, Paragraph 1 of Directive 89/391/EEC" shall be Directives in the following areas: work places; work equipment; work with video displays; work with heavy loads involving risk of back injury; temporary or mobile work sites; fisheries and agriculture.

12. (new - SG 27/14) "Special blasting operations" are blasting works in settlements, industrial and construction sites, as well as in other places and sites requiring protection from the harmful effects of the blasting works.

13. (new - SG 27/01) "Technological (repeating) blasting operations" are blasting works that are carried out in connection with a certain technology of work in the mining industry, hydro-technical construction and in the construction of other objects.

 

 

§ 1a. (new – SG 108/08) This Act shall implement the provisions of 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.

 

Transitional and concluding provisions

§ 2. The resources provided in art. 1, para 2, item 6 of the Act on the budget of "Social insurance" fund for 1998 for financing of activities for reduction of insurance risks for "labour accident" and "professional disease" in extent of 900 mln lv shall be transferred to the account of fund "Labour conditions".

 

 

§ 3. (Amend,. SG 111/01) The enterprises, the sites, the working places and facilities entered into operation before this Act enters into force shall bring themselves in compliance with the requirements not later than 6 years after the date of entering the Act in force.

 

 

§ 4. The enterprises or organisations existing before this Act enters into force shall notify in 6 months term the control bodies for the implementation of the law about the character and the nature of their activity and the status of labour conditions.

 

 

§ 4a. (new – SG 108/08) The first report under Art. 36a shall cover the period from 2007 to 2012.

 

 

§ 4b. (new – SG 12/10) The declaration for 2009 under Art. 15 shall be filed by 30 June 2010 inclusive.

 

 

§ 5. In art. 415, para 1 and 2 of the Labour Code (prom. ...; amend. ...) the words "from 2 to 8" shall be substituted by "from 5 to 20".

 

 

§ 6. In the Public Health Act (prom. ...; amend. ...) art. 11 shall be repealed.

The Act is passed by the 38th National Assembly on December 16, 1997 and is affixed with the state seal.

 

Concluding provisions

§ 20. The issued, before the enactment of this Act, ordinances, regulations, rules and norms for safety and hygiene of labour, shall apply inasmuch as they do not contradict the Healthy and Safe Working Conditions Act.

 

Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE LABOUR CODE

(PROM. – SG 48/06, IN FORCE FROM 01.07.2006)

 

§ 48. The Act shall enter into force from 1 July 2006 except § 47, item 6 which shall enter into force from the date of entering into force of the Treaty of Accession of the Republic of Bulgaria to the European Union.

 

Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE ACCOUNTANCY ACT

(PROM. – SG 105/06, IN FORCE FROM 01.01.2007)

 

§ 61. This Act shall enter into force from 1 January 2007, except § 48, which enters into force from 1 July 2007.

 

Transitional and concluding provisions
TO THE ACT THE BUDGET OF THE HEALTH INSURANCE FUND FOR 2007

(PROM. – SG 105/06, IN FORCE FROM 01.01.2007)

 

§ 9. This Act shall enter into force from 1 January 2007.

 

Additional provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE HEALTHY AND SAFE WORKING CONDITIONS ACT

(PROM. – SG 40/07)

 

§ 24. Everywhere in the Act the words "workers", "workers and employees" and "workers or employees" shall be replaced by "workers", and the words "the workers", "the workers and employees" and "the workers or the employees" shall be replaced by "the workers".

 

Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE HEALTHY AND SAFE WORKING CONDITIONS ACT

(PROM. – SG 40/07)

 

§ 25. The labour medicine units registered prior to the entry into force of this Act shall be re-registered within a period of one year from its entry into force.

 

Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE MINISTRY OF INTERIOR ACT

(PROM. – SG 93/09, IN FORCE FROM 25.12.2009)

 

§ 100. The Act shall enter into force within a month from its promulgation in the State Gazette, except for § 1, 2, 21, 36, 39, 41, 44, 45, 49, 50, 51, 53, 55, 56, 57, 59, 62, 63, 64, 65, 70 and 91, which shall enter into force from the date of its promulgation.

 

Concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE LABOUR CODE

(PROM. – SG 58/10, IN FORCE FROM 30.07.2010)

 

§ 25. This Act shall enter into force from the day of its promulgation in the State Gazette, except for:

1. paragraph 21, Item 1, which shall enter into force on 1 January 2011;

2. paragraph 11 and § 21, Item 4, Letter „a", which shall enter into force from 1 January 2012.

 

Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE MEDICINAL PRODUCTS IN HUMAN MEDICINE ACT

(PROM. – SG 60/11, IN FORCE FROM 05.0.82011)

 

§ 84. This Act shall enter into force from the day of its promulgation in the State Gazette, except for § 65, which shall enter into force from Sept. 30, 2011.

 

Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING LABOUR CODE

(PROM. – SG 7/12)

 

§ 28. The following amendments are made in the Healthy and Safe Working Conditions Act (prom. SG 124/97; amend. SG 86/99, SG 64 and 92/00; SG 25 and 111/01; SG 18 and 114/03; SG 70/04; SG 76/05; SG 33, 48, 102 and 105/06; SG 40/07; SG 102 and 108/08, SG 93/09; SG 12, 58, 88 and 98/10 and SG 60/11):

 

…………………………………..

2. Everywhere in the Act the word "employment" shall be replaced with "job".

 

Transitional and concluding provisions
TO THE PUBLIC FINANCE ACT

(PROM. SG 15/13, IN FORCE FROM 01.01.2014)

 

§ 123. This Act shall enter into force on 1 January 2014 with the exception of § 115, which enters into force on January 1, 2013, and § 18, § 114, § 120, § 121 and § 122, which came into force on 1 February in 2013.

 

Concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE HEALTHY AND SAFE WORKING CONDITIONS ACT

(PROM. SG 27/14)

 

§ 9. The Council of Ministers shall adopt the ordinance under Art. 13a, para. 2 upon proposal by the Minister of Labour and Social Policy within 6 months from the entry into force of this Act.

 

Transitional and concluding provisions
TO THE STATE INTELLIGENCE AGENCY ACT

(PROM. - SG 79/15, IN FORCE FROM 01.11.2015)

 

§ 31. This Act shall enter into force from 1st of November 2015, with the exception of § 17 it. 4 according to Art. 69, which shall enter into force from 1st of January 2016

Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE HEALTHY AND SAFE WORKING CONDITIONS ACT

(PROM. - SG 97/17)

§ 8. Within one year of the entry into force of this Act the Minister of Health and the Minister of Labor and Social Policy shall approve the standards under Art. 25a, para. 4.

Reference acts of European legislation

Directive 2004/37/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC (Codified version)

Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work (seventh individual directive within the meaning of Article 16(1) of Directive 89/391/EEC)

Directive 1999/92/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 1999 on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (15th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

Council Directive 1999/38/EC of 29 April 1999 amending for the second time Directive 90/394/EEC on the protection of workers from the risks related to exposure to carcinogens at work and extending it to mutagens

Council Directive 97/42/EC of 27 June 1997 amending for the first time Directive 90/394/EEC on the protection of workers from the risks related to exposure to carcinogens at work

Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organization of working time

Council Directive 93/103/EC of 23 November 1993 concerning the minimum safety and health requirements for work on board fishing vessels (thirteenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

Council Directive 92/104/EEC of 3 December 1992 on the minimum requirements for improving the safety and health protection of workers in surface and underground mineral-extracting industries

Council Directive 92/91/EEC of 3 November 1992 concerning the minimum requirements for improving the safety and health protection of workers in the mineral- extracting industries through drilling (eleventh individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding

Council Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the provision of safety and/or health signs at work (ninth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile construction sites

Council Directive 91/383/EEC of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed- duration employment relationship or a temporary employment relationship

Council Directive of 26 November 1990 on the protection of workers from risks related to exposure to biological agents at work (seventh individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (90/679/ EEC)

Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the risks related to exposure to carcinogens at work

Council Directive 90/270/EEC of 29 May 1990 on the minimum safety and health requirements for work with display screen equipment (fifth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

Council Directive 90/269/EEC of 29 May 1990 on the minimum health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers (forth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

Council Directive 89/654/EEC of 30 November 1989 concerning the minimum safety and health requirements for the workplace (first individual directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

Council Directive 89/655/EEC of 30 November 1989 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

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

COUNCIL DECISION of 27 June 1974 on the extension of the responsibilities of the Mines Safety and Health Commission to all mineral-extracting industries (74/326/EEC)

Last edited: 02.07.2018