evaluation of the eu occupational safety and health directives

August 2014 June 2015

Evaluation of the EU Occupational

Safety and Health Directives

COUNTRY SUMMARY REPORT FOR

BULGARIA

VC/2013/0049

This Report has been prepared for COWI under Service Contract VC/2013/0049. It was

completed by Roumiana Zaharieva, Albena Popova and Petya Klimentova. Milieu was

responsible for overall editing of the report.

The views expressed herein are those of the consultants alone and do not necessarily represent

the official views of the European Commission.

Milieu Ltd. (Belgium), rue Blanche 15, B-1050 Brussels, tel: +32 2 506 1000; fax: +32 2 514

3603; [email protected]; web address: www.milieu.be

http://www.milieu.be/

Evaluation of the EU Occupational Safety and Health Directives

TABLE OF CONTENTS

ABBREVIATIONS USED ............................................................................................................. 6 INTRODUCTION ....................................................................................................................... 7 1 MAPPING QUESTION 1: STRUCTURAL COMPONENTS OF HEALTH AND SAFETY

DIRECTIVES .............................................................................................................................. 8 1.1 General legal framework ....................................................................................... 8 1.2 General institutional framework .......................................................................... 22

1.2.1 Key policy documents ........................................................................... 22 1.2.2 Main authorities and stakeholders ....................................................... 22 1.2.3 Coordination ............................................................................................ 23

1.3 Legal coverage, observed discrepancies and more stringent measures .. 24 1.3.1 Observed discrepancies, more stringent and more detailed

measures ................................................................................................................. 24 1.3.2 Options ................................................................................................... 115

1.4 Interactions ........................................................................................................... 115 2 MAPPING QUESTION 2: GAPS IN CONTENT OR TIME ................................................ 122

2.1 Transitional periods .............................................................................................. 122 2.2 Derogations .......................................................................................................... 123

3 MAPPING QUESTION 3: LEVEL OF COMPLIANCE BY DIFFERENT STAKEHOLDERS .... 132 3.1 Degree of compliance ....................................................................................... 132 3.2 Approaches to compliance .............................................................................. 143

4 MAPPING QUESTION 4: ACCOMPANYING ACTIONS THAT SUPPORT THE RESPECT OF

THE RULE ............................................................................................................................... 146 4.1 Existing accompanying actions ........................................................................ 146 4.2 Use of accompanying actions .......................................................................... 154 4.3 Gaps ...................................................................................................................... 155

5 MAPPING QUESTION 5: ENFORCEMENT .................................................................... 156 6 MAPPING QUESTION 6: SPECIFIC GROUPS OF WORKERS ........................................ 166 7 MAPPING QUESTION 7: SMES AND MICRO-ENTERPRISES ......................................... 171 ANNEX I - BIBLIOGRAPHY .................................................................................................. 177 ANNEX II – STATUS OF THE INTERVIEWS ............................................................................. 185

TABLE OF TABLES

Table 1- 1 General Legal Framework ........................................................................................ 9

Table 1- 2 Directive 89/391/EEC (Framework Directive) – Observed discrepancies, more

stringent and more detailed requirements ................................................................................ 27

Table 1- 3 Council Directive 89/654/EEC (workplace) - Observed discrepancies, more


Table 1- 4 Directive 2009/104/EC (work equipment) – Observed discrepancies, more


Table 1- 5 Council Directive 89/656/EEC (PPE) – Observed discrepancies, more stringent

and more detailed requirements ............................................................................................... 38

Table 1- 6 Council Directive 92/58/EEC (OSH signs) - Observed discrepancies, more


Table 1- 7 Directive 1999/92/EC (ATEX) - Observed discrepancies, more stringent and more

detailed requirements ............................................................................................................... 42

Table 1- 8 Council Directive 90/269/EEC (manual handling of loads) - Observed

discrepancies, more stringent and more detailed requirements ................................................ 44

Table 1- 9 Council Directive 90/270/EEC (display screen equipment) - Observed


Table 1- 10 Directive 2002/44/EC (vibration) - Observed discrepancies, more stringent and

more detailed requirements ...................................................................................................... 51

Table 1- 11 Directive 2003/10/EC (noise) - Observed discrepancies, more stringent and more

detailed requirements ............................................................................................................... 56

Table 1- 12 Directive 2004/40/EC (electromagnetic fields) – Observed discrepancies, more


Table 1- 13 Directive 2006/25/EC (artificial optical radiation) - Observed discrepancies, more


Table 1- 14 Directive 2004/37/EC (carcinogens or mutagens) - Observed discrepancies, more


Table 1- 15 Council Directive 98/24/EC (chemical agents at work) - Observed discrepancies,

more stringent and more detailed requirements ....................................................................... 76

Table 1- 16 Directive 2009/148/EC (asbestos) - Observed discrepancies, more stringent and

more detailed requirements ...................................................................................................... 82

Table 1- 17 Directive 2000/54/EC (biological agents) - Observed discrepancies, more


Table 1- 18 Council Directive 92/57/EEC (temporary or mobile construction sites) –

Observed discrepancies, more stringent and more detailed requirements ............................... 91

Table 1- 19 Council Directive 92/104/EEC (surface and underground mineral-extracting

industries) - Observed discrepancies, more stringent and more detailed requirements ........... 93

Table 1- 20 Council Directive 92/91/EEC (mineral-extracting industries through drilling) -

Observed discrepancies, more stringent and more detailed requirements ............................... 96

Table 1- 21 Council Directive 92/29/EEC (medical treatment on board vessels) - Observed


Table 1- 22 Council Directive 93/103/EC (work on board fishing vessels) - Observed

discrepancies, more stringent and more detailed requirements .............................................. 101

Table 1- 23 Council Directive 92/85/EEC (pregnant/breastfeeding workers) - Observed

discrepancies, more stringent and more detailed requirements .............................................. 104

Table 1- 24 Council Directive 91/383/EEC (temporary workers) - Observed discrepancies,

more stringent and more detailed requirements ..................................................................... 107

Table 1- 25 Council Directive 94/33/EC (young people at work) – Observed discrepancies,

more stringent and more detailed requirements ..................................................................... 110

Table 1- 26 Options ................................................................................................................ 115

Table 1- 27 Interactions between CPMs across OSH Directives ........................................... 116

Table 2- 1 Transitional Periods .............................................................................................. 122

Table 2- 2 Derogations ........................................................................................................... 124

Table 3- 1 Degree of compliance: Common processes and mechanisms (across Directives) 134

Table 3- 2 Degree of compliance: Common processes and mechanisms (individual Directives)

................................................................................................................................................ 140

Table 3- 3 Degree of compliance: Key requirements ............................................................ 142

Table 3- 4 Approaches to compliance .................................................................................... 143

Table 4- 1 Accompanying Actions ......................................................................................... 151

Table 5- 1 Enforcement authorities ........................................................................................ 156

Table 5- 2 Inspections statistical data .................................................................................... 158

Table 5- 3 Data on enforcement strategy ............................................................................... 160

Table 5- 4 Result table – type and level of sanctions ............................................................. 161

Table 5- 5 Number of infringements and court cases ............................................................ 164

Table 6- 1 Tools addressing risk factors for all vulnerable groups ........................................ 166

Table 7- 1 Overview of measures targeting SMEs and micro-enterprises ............................. 172

Table 7- 2 Description of measures targeting SMEs and micro-enterprises .......................... 172

ABBREVIATIONS USED

BCCI Bulgarian Chamber of Commerce and Industry

BIA Bulgarian Industrial Association

CEIBG Confederation of Employers and Industrialists in Bulgaria

CITUB Confederation of Independent Trade Unions in Bulgaria

CLS Confederation of Labour ”Support”

CM Council of Ministers

GLIEAEU-OSHA European Agency for Safety and Health at Work

GLIEA General Labour Inspectorate Executive Agency

HEI Hygiene - Epidemiologic Inspection

LC Labour Code

MAF Мinistry of Agriculture and Food

MIE Ministry of Economy and Energy

MZ Ministry of Health

MI Ministry of Interior

MTSP Ministry of Labour and Social Policy

MRRB Ministry of Regional Development and Public Works

NCPHA National Center for Public Health and Analysis

NIR National Implementation Report (Bulgaria’s report on the practical implementation of

Council Directive 89/391/EEC on the introduction of measures to encourage

improvements in the safety and health of workers at work, its individual Directives

and Council Directives 2009/148/EC, 91/383/EEC, 92/29/EEC and 94/33/EC).

NSI National Statistical Institute

NSSI National Social Security Institute

O Ordinance

OHS Occupational Health Services

OSH Occupational Safety and Health

PPE Personal protective equipment

PW Pregnant workers/women

RIPCPH Regional Inspectorate for Protection and Control of Public Health

SAMTS State Agency for Metrological and Technical Surveillance

SP Social Partner

SMEs Small and Medium-sized Enterprises

WHO World Health Organization

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Country Summary Report for Bulgaria / 7

INTRODUCTION

General introduction to the report

This report presents a review of the main features of the practical implementation of 24 EU

occupational safety and health (OSH) Directives in Bulgaria. The information in this report has been

gathered between October 2013 and June 2014. This Country Summary Report, together with the

Summary Reports prepared for each of the other Member States, aims at mapping the implementation

of the OSH Directives in the EU as a whole. It is based on a desk-study and interviews with national

stakeholders (see Annex II for details on interviews carried out) and is one of the sources of

information for the overall evaluation of the implementation. The Country Summary Reports will

form an Appendix to the Final Report, which will compile the results of the evaluation and the

associated recommendations.

This review is based on seven key mapping questions, which will inform the evaluation of the

implementation of the OSH Directives in all Member States and the EU in general. The seven general

Mapping Questions (MQs), which have been defined by the Commission and are answered in this

Country Summary Report are the following:

Mapping question

MQ1: “Across the Member States, how are the different 'common processes' and 'mechanisms' foreseen

by the Directives put in place and how do they operate and interact with each other?”

MQ2: “What derogations and transitional periods are applied or have been used under national law

under several of the Directives concerned?”

MQ3: “What are the differences in approach to and degree of fulfilment of the requirements of the EU

OSH Directives in private undertakings and public-sector bodies, across different sectors of economic

activity and across different sizes of companies, especially for SMEs, microenterprises and self-

employed?”

MQ4: “What accompanying actions to OSH legislation have been undertaken by different actors (the

Commission, the national authorities, social partners, EU-OSHA, Eurofound, etc.) to improve the level of

protection of health and safety at work and to what extent are they actually used by companies and

establishments to pursue the objective of protecting health and safety of workers? Are there any

information needs that are not met?”

MQ5: “What are the enforcement (including sanctions) and other related activities of the competent

authorities at national level and how are the priorities set among the subjects covered by the

Directives?”

MQ6: “What are the differences of approach across Member States and across establishments with

regard to potentially vulnerable groups of workers depending on gender, age, disability, employment

status, migration status, etc., and to what extent are their specificities, resulting in particular from their

greater unfamiliarity, lack of experience, absence of awareness of existing or potential dangers or their

immaturity, addressed by the arrangements under question?”

MQ7: “What measures have been undertaken by the Member States to support SMEs and

microenterprises (e.g. lighter regimes, exemptions, incentives, guidance, etc.)?”

The template is structured according to these mapping questions.

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1 MAPPING QUESTION 1: STRUCTURAL COMPONENTS OF HEALTH AND SAFETY

DIRECTIVES

This first section focuses on how the national legal and institutional frameworks have been designed to

reflect the main common processes and mechanisms (CPMs) of each Directive. It includes:

A review of the national transposing legislation and the general structure of the legal framework;

Mechanisms of coordination amongst the different authorities responsible for the implementation

of the directives;

The identification of any delays in transposing directives, focusing on most recent ones;

Differences between the Directives’ requirements and the national ones, looking at observed

discrepancies, more stringent and more detailed provisions;

Interactions between CPMs as embedded in the legislation.

1.1 GENERAL LEGAL FRAMEWORK

The Law on Health and Safety at Work (December 1997) – as amended and supplemented in 2007 and

2010 – fully transposes the Framework Directive 89/391/EC and settles the rights and obligations of

the state, the employers and workers for ensuring healthy and safe working conditions for all. It

applies to all groups of employees and all enterprises and places where work or training is carried out

regardless of the form of organisation, the type of ownership or the grounds on which the work or

training is performed. The Bulgarian legislation in the area of health and safety at work covers all

types and sectors, without distinction, including the public sector and SMEs. Occupational health

services for employees include: provision and maintenance of healthy and safe working conditions;

promotion of health and work ability of workers in regard to their work, risk assessment, investigation

of the health status of employees, occupational diseases and occupational accidents.

In addition, the Labour Code requires employers to promote healthy working conditions and to

conduct, at their own expense, mandatory regular medical examinations of employees. The frequency

of these examinations should be tailored to the workers’ age and other prerequisites such as the nature

of work and working conditions.

The Law on Health and Safety at Work and the Labour Code being the ‘framework’ OSH acts in

Bulgaria, some provisions of the Framework Directive and almost the entire remaining OSH directives

have been transposed mostly through secondary legislation, i.e. Ordinances and Regulations. Most of

these Ordinances and Regulations have been amended in the period 2005-2008, as a result of the

remarks of the European Commission experts made at the technical meetings in the pre-accession

period to establish the level of compliance of Bulgarian legislation with the EU directives in the area

of safety and health at work.

Directives 98/24/EC (chemical agents at work) and 2009/148/EC (asbestos) have also partially been

transposed by the 2004 Law on Health – as amended and supplemented in 2006.

There is only one infringement case against Bulgaria in relation to the non-communication of

transposition measures related to Directive 2006/25/EC (artificial optical radiation). This case has

been closed.

The following table provides an overview of the approach to transposition, indicating whether there is

one law covering all OSH issues (O) as opposed to transposition spread over different acts (S). It then

lists transposing national legislation per directive, specifying whether there was legislation existing

prior to transposition. Finally, it identifies any infringement proceedings, which were mentioned in an

overview table provided by the Commission.

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Table 1- 1 General Legal Framework

Directive

O

S Transposing National Legislation

Legislation prior

to transposition

(Y/N)

Infringement

proceedings

Directive

89/391/EEC

(Framework

Directive)

S

Law on Health and Safety at Work from

December 1997 (Закон за здравословни

и безопасни условия на труд от

декември 1997г.), OSH Law 19971

Law on Health, 2004 (ЗАКОН за здравето

от 10.08.2004 г.), LH 2004

Labour code, 1986 (Кодекс на труда от

1.04.1986 г.), LC 1986

Ordinance No 5 Of 11 May 1999 on the

procedure, manner and frequency of

carrying out risk assessment (НАРЕДБА № 5

от 11.05.1999 г. за реда, начина и

периодичността на извършване на

оценка на риска), O5 risk assessment2

Ordinance № 7 on minimum health and

safety of the workplace and the use of

work equipment, 1999 (НАРЕДБА № 7 от

23.09.1999 г. за минималните изисквания

за здравословни и безопасни условия

на труд на работните места и при

използване на работното оборудване),

O7 workplace and WE3

Regulation No RD-07-2 of 16 December

2009 on the terms and procedure for

holding regular training and instruction for

factory and office workers regarding the

rules for health and safety at work (SG No

102/2009) RD-07-2 on the terms and

procedure for holding regular training and

instruction4

Y.

1 This law completes transposition of the EU 'framework' health and safety Directive (89/391/EEC) and all related Directives,

as well as the ILO Conventions in this field. The Law has been subject to several amendments, the most recent adopted mid

2010. The OSH Law 1997 specifies the main rights and obligations of all participants in the labour process: the state, the

employers, the workers and other organizations, institutions and bodies in charge of OSH provisions. The national policy for

promotion of OSH at work was launched and implemented with wide participation and consensus among the social partners

based on national, sector/branch, territorial, and enterprise social dialogue. 2 Ordinance No 5 on the terms, procedure and the frequency of making a risk assessment (SG No 95/1998). This Ordinance

regulates the organization, procedure, manner and frequency for carrying out risk assessments of the health and safety of

workers and employees. 3 Ordinance No 7/1999 on the minimum health and safety requirements at work for the workplace and for the use of work

equipment (SG No 88/1999). This Ordinance specifies the minimum requirements for healthy and safe working conditions at

the workplace and the use of working equipment. It includes safety provision in design and construction of buildings,

working environment, organization of work, water supply and sewerage systems, firefighting, sanitation utilities,

organization of work, etc. 4 This regulation is replacing Regulation No 3 on instruction of factory and office workers on safety and hygiene of labour

and fire safety (SG No 44/1996) / Регламент № РД-07-2 от 16 декември 2009 г. за условията и реда за провеждане на

периодично обучение и инструктаж на работниците и служителите по отношение на правилата за здравословни и

безопасни условия на труд (ДВ 102/2009), заменящ Регламент № 3 за инструктаж на работниците и служителите по

безопасност и хигиена на труда и противопожарна охрана (ДВ 44/1996)

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Directive

O


Legislation prior

to transposition

(Y/N)

Infringement

proceedings

Regulation No 3 of 25 January 2008 on the

terms and procedure for the operation of

the occupational health services, R3 terms

and condition on OHS5

Ordinance № 9 of 1997 on the minimum

safety and health of workers in mines

(НАРЕДБА № 9 от 16.12.1997 г. за общи

правила за управление на дейността по

осигуряване нa безопасността и

опазване здравето на работещите в

мините), O9 workers in mines6

Ordinance № 3 of MTSP and MZ 2001 on

minimum standards for the protection of

the health and safety of workers in the use

of PPE at the workplace (Наредба № 3 на

МТСП и МЗ от 2001 г. за минималните

изисквания за защита на здравето и

безопасността на работещите при

използване на лични предпазни

средства на работното място), O3 PPE7

Ordinance № 11 of 2004 on minimum

requirements for improving the safety and

health of workers at risk of explosive

atmospheres (Наредба № 11 от 2004 г. за

минималните изисквания за

осигуряване на безопасността и

здравето на работещите при

потенциален риск от експлозивна

атмосфера), O11 explosive

atmospheres8

Ordinance № 5 of 11 June 2010 on the

minimum requirements to ensure the

health and safety of workers in the risks

associated with exposure to artificial

optical radiation /Наредба № 5 от 11 юни

5 Regulation No 3 of 25 January 2008 on the terms and procedure for the operation of the occupational health services issued

by the Minister of Health and the Minster of Labour and Social Policy (SG No 14/2008) is replacing Regulation No 14 of 7

August 1998 on the occupational health services. Наредба № 3 от 25 януари 2008 г. за условията и реда за дейността на

службите по трудова медицина, издадена от министъра на здравеопазването и министъра на труда и социалната

политика (ДВ 14/2008) за замяна на Регламент № 14 от 7 август 1998 г. службите по трудова медицина. 6 The ordinance defines the minimal requirements for provision and ensuring safety and protection of health of workers in the

mines. It explains rights and obligation of employer and employees and providers of working equipment. 7 Regulation No 3/2001 on the minimum health and safety requirements for the use of personal protective equipment at the

workplace (SG No 46/2001). This Ordinance specifies the minimum requirements for safety and health of employees using

personal protective equipment at work. It applies in all businesses and places where work is performed in accordance with

Art. 2 of the Health and Safety at Work. Provisions comply with the specific regulations governing the requirements for

personal protective equipment for 1. Emergency services; 2. Roads. 8 This Ordinance lays down the minimum requirements for ensuring safety and health protection of workers, potentially at

risk from explosive atmospheres. It sets out the obligations of the employer, general provisions for measures for prevention

and action. This Ordinance shall be applied in compliance with the normative acts concerning occupational safety and health

at work, complying with stricter specific and/or additional requirements, when this Ordinance determines such requirements.

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Directive

O


Legislation prior

to transposition

(Y/N)

Infringement

proceedings

2010 г. за минималните изисквания за

осигуряване на здравето и


рискове, свързани с експозиция на

изкуствени оптични лъчения), O5 AOR9

Decree № 263 of the Council of Ministers

of 30.12.1999 adopting the Ordinance on

elements of remuneration and income on

the basis of which insurance payment is

made, and the calculation of cash

benefits for temporary disability or

pregnancy and childbirth

(ПОСТАНОВЛЕНИЕ № 263 на МС от

30.12.1999 г. за приемане на Наредба за

елементите на възнаграждението и за

доходите, върху които се правят

осигурителни вноски, и за изчисляване

на паричните обезщетения за временна

неработоспособност или за

бременност и ражда), D26310

Ordinance № 3 of 28.02.1987 on the

mandatory preliminary and periodic

medical examinations of workers

(НАРЕДБА № 3 от 28.02.1987 г. за

задължителните предварителни и

периодични медицински прегледи на

работниците), O3 medical examination11


functions and tasks of the officials and

specialised services to enterprises for

organising the implementation of activities

related to protection against

occupational risks and risk prevention

(НАРЕДБА № 3 от 27.07.1998 г. за

функциите и задачите на длъжностните

лица и на специализираните служби в

предприятията за организиране

изпълнението на дейностите, свързани

със защитата от професионалните

рискове и превенция на тези рискове),

O3 risk prevention12

9 The ordinance lays down minimum requirements for the protection of workers from existing or potential risks to health and

safety caused by exposure to artificial optical radiation on the eyes and skin; limits exposure to artificial optical radiation, in a

separate Annex; limits of exposure to laser (coherent) optical radiation in a separate Annex. 10 The Decree enacts the adoption of two Ordinances for the elements of remuneration and income on which insurance

payment is made, and the calculation of cash benefits for temporary disability or pregnancy and childbirth. 11 The ordinance consists of organisation and accomplishment of a preliminary medical examination of employers,

employees with adverse health conditions, analysis of the results of the required periodic medical examinations of workers. It

contains the card prior medical examination, a list of procedures in which mandatory preliminary and periodic medical

check-ups of workers to hazards are required and deadlines for their implementation. 12 Regulation No 3/1998 on the functions and tasks of officials and specialised services in undertakings for organising the

implementation of activities, related to the protection and prevention of professional risks (SG No 91/1998). This ordinance

defines the functions and tasks of the officials and specialized services for businesses for organizing the implementation of

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Directive

O


Legislation prior

to transposition

(Y/N)

Infringement

proceedings

Ordinance on establishing, investigation,

recording and reporting of accidents at

work (Наредба за установяване,

разследване, регистриране и отчитане

на трудовите злополуки от 30.12.1999 г),

OEIRRAW

Council

Directive

89/654/EEC

(workplace)

O












O7 workplace and WE

Y.

Directive

2009/104/EC

(work

equipment)

O








O7 workplace and WE

Y.

Council

Directive

89/656/EEC

(PPE)

S


1.04.1986 г.), LC 1986

Ordinance № 3 of MTSP and MZ 2001 on

minimum standards for the protection of

the health and safety of workers in the use

of PPE at the workplace (Наредба № 3 на

МТСП и МЗ от 2001 г. за минималните

изисквания за защита на здравето и


използване на лични предпазни

средства на работното място), O3 PPE








O7 workplace and WE

Y.

Council

Directive O



N.

activities related to protection against occupational risks and prevent these risks, hereinafter referred to as "bodies Safety and

Health at Work."

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Directive

O


Legislation prior

to transposition

(Y/N)

Infringement

proceedings

92/58/EEC

(OSH signs)



Ordinance № RD-07/8 of 20.12.2008 on the

minimum requirements for signs and signals

of safety and / or health at work (НАРЕДБА

№ РД-07/8 от 20.12.2008 г. за

минималните изисквания за знаци и

сигнали за безопасност и/или здраве

при работа), ORD-07/8 signs and signals13

Directive

1999/92/EC

(ATEX)

O





Regulation № 11 of 2004 on minimum

requirements for improving the safety and

health of workers at risk of explosive

atmospheres (Наредба № 11 от 2004 г. за



здравето на работещите при

потенциален риск от експлозивна

атмосфера), O11 explosive

atmospheres14

Y.

Council

Directive

90/269/EEC

(manual

handling of

loads)

O





Ordinance № 16 of 1999 for physiological

norms and rules for manual handling of

loads (НАРЕДБА № 16 от 31.05.1999 г. за

физиологични норми и правила за

ръчна работа с тежести), O16 manual

handling of loads15

Y.

Council

Directive

90/270/EEC

(display

screen

equipment)

O






minimum requirements for ensuring health

and safety at work with visual display

/Наредба № 7 от 15.08.2005 г. за

N.

13 Regulation No RD-07/8 of 20 December 2008 on the minimum requirements on safety and/or health signs at work (SG No

3/2009). 14 Regulation No 11/2004 on the minimum requirements for the provision of safety and health of workers at risk from

explosive atmospheres (SG No 6/2005). 15 Regulation No 16/1999 on the physiological norms and rules for manual handling of weights (SG No 54/1999). This

ordinance defines the obligations of the employer and the employees for provision of health and safety conditions for manual

handling of loads; the physiological norms and employee rights when manual handling of loads. It lays down both the

obligations of the employer and of employees, as well as indicators for assessing the risk to health and safety of the manual

handling of loads.

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Directive

O


Legislation prior

to transposition

(Y/N)

Infringement

proceedings


осигуряване на здравословни и

безопасни условия на труд при работа

с видеодисплеи), O7 visual displays16

Directive

2002/44/EC

(vibration)

O






1.04.1986 г.), LC 1986

Ordinance № 3 of MTSP and MZ on the

minimum requirements for ensuring the

health and safety of workers at risk of

vibration exposure (Наредба №3 на МТСП

и МЗ за минималните изисквания за




вибрации), O3 vibration exposure17

Y.

Directive

2003/10/EC

(noise)

S






minimum requirements for ensuring the

health and safety of workers at risk of noise

exposure (Наредба № 6 от 15.08.2005 г. за




рискове, свързани с експозицията на

шум), O6 noise exposure18








Y.20

16 Regulation No 7 of 15 August 2005 on the minimum health and safety requirements for work with display screen

equipment (SG No 70 of 26 August 2005). This Ordinance specifies the minimum requirements for ensuring health and

safety at work with visual display units. Moreover, it sets out requirements applicable to workplaces for work with display

screens. 17 Regulation No 3/2005 on the minimum health and safety requirements regarding the exposure of workers to the risks

arising from vibrations (SG No 40/2005). This Ordinance defines the minimum requirements for protection of employees

from existing or potential risks for health and safety, related to exposure to vibrations at work. It also lays down the values of

the vibrations, as well as adequate measures and health assessment. 18 Regulation No 6 of 15 August 2005 on the minimum health and safety requirements regarding the exposure of workers to

the risks arising from noise (SG No 70/2005). This Ordinance defines minimum requirements for protection of employees

from existing or potential risks for health and safety, related to exposure to noise, especially the risk of hearing impairment. It

defines the limit values of exposure and values of exposure for undertaking action.

Milieu Ltd

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Directive

O


Legislation prior

to transposition

(Y/N)

Infringement

proceedings

O7 workplace and WE

Ordinance No 3 (25.01.2008) for the terms

and conditions of the operation of

occupational health services (Наредба №

3 от 25 януари 2008 г. За условията и

реда за осъществяване дейността на

службите по трудова медицина)19 O3

OHS

Directive

2004/40/EC

(electromag

netic fields)21

- -

Not transposed.

Directive

2006/25/EC

(artificial

optical

radiation)

O

Ordinance № 5 of 11 June 2010 on the

minimum requirements to ensure the

health and safety of workers in the risks

associated with exposure to artificial

optical radiation (Наредба № 5 от 11 юни





изкуствени оптични лъчения), O5 AOR22

N. Infringement

case

2010/0294 on

non-

communicati

on – case

closed

Directive

2004/37/EC

(carcinogens

or

mutagens)

O





Ordinance № 10 of 2003 on the protection

of workers from risks related to exposure to

carcinogens and mutagens at work

(НАРЕДБА № 10 от 26.09.2003 г. за защита

на работещите от рискове, свързани с

експозиция на канцерогени и мутагени

при работа), O10 carcinogens and

mutagens23

Y.

Council

Directive

98/24/EC

(chemical

agents at

work)

S

Law on Health, 2004 (ЗАКОН за здравето

от 10.08.2004 г.), LH 2004

Ordinance № 13 of MTSP and MZ 2003 for

the protection of workers from risks related

to chemical agents at work (Наредба №

Y.26

20 Ordinance N 2 for protection of workers from risks, related to exposure to noise at work (SG, 32/2003) 19 This ordinance defines the terms and conditions of the operation of occupational health services their responsibilities and

relations with the employer. In Annexes there are declarations for registration of occupational health service. 21 The expected date for transposing the Directive in national legislation is 30 April 2014. National legislation of a more

general nature, such as Ordinance № 7 on minimum health and safety of the workplace and the use of work equipment is

currently used to deal with the situations covered by the Directive. 22 Regulation No 5 of 11 June 2010 on the minimum health and safety requirements regarding risks related to exposure to

artificial optical radiation (SG No 49/2010). 23 Regulation No 10/2003 on the protection of workers from risks related to exposure to carcinogens or mutagens at work

(SG No 94/2003). This Ordinance defines the minimum requirements for protection of employees from existing potential

risks for the safety and health during exposure to carcinogens and mutagens at work. It also establishes practical propositions

for medical surveillance.

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Directive

O


Legislation prior

to transposition

(Y/N)

Infringement

proceedings

13 на МТСП и МЗ от 2003 г. за защита на

работещите от рискове, свързани с

експозиция на химични агенти при

работа), O13 chemical agents24

Ordinance on the manner of classification,

packaging and labeling of chemical

substances and mixtures of 31.08.2010

(Наредба за реда и начина на

класифициране, опаковане и

етикетиране на химични вещества и

смеси от 31.08.2010), O MCPLCSM25

Directive

2009/148/EC

(asbestos)

O

Ordinance № 9 of 4 August 2006 MTSP and

MH protection of workers from risks related

to exposure to asbestos at work (Наредба

№9 от 4 август 2006 г. на МТСП и МЗ за

защита на работещите от рискове,

свързани с експозиция на азбест при

работа)27 O9 asbestos

Act amending and supplementing the

Health Act (SG No 59/2006). Закон за

изменение и допълнение на Закона за

здравето (ДВ 59/2006) AASHA

Y.

Directive

2000/54/EC

(biological

O




Y.

26 Ordinance 13/1992 for limit concentrations of harmful substances in the air of the working environment (promulgated, SG.

81 of 1992, as amended. amended and supplemented. No. 11 of 1994, as amended. No. 57 1994) 24 Regulation No 13/2003 of the Ministry of Labour and Social Policy and the Ministry of Health on workers’ protection

from the risks related to chemical agents at work (SG No 8/2004). The Ordinance defines the obligations of the employers in

relation to the health and safety of employees working with chemical agents. The ordinance defines minimum requirements

for the protection of employees from existing or potential risks for their health and safety as a consequence of the exposure to

chemical agents at work; limit values of chemical agents in the air at the workplace, biological limit values of chemical

agents and/or their metabolites in biological areas, as well as biomarkers for effect, values of chemical agents in the air at the

workplace and values of chemical agents and metabolites in biological areas, values of biomarkers are established in

applications. 25 The ordinance defines the

1. Order and methodology for classification of chemical agents and mixtures;

2. Requirements for packaging and labeling of dangerous chemical agents and mixtures;

3. The requirements for packaging and labeling of chemical mixtures which are not classified as hazardous, but may

represent a specific danger;

4. The additional requirements for packaging and labeling of some substances and mixtures thereof;

5. Criteria for selecting the alternative name of the substance in the composition of chemical mixture that may be written on

the label of this mixture. 27 Regulation No 9 of 4 August 2006 of the Ministry of Labour and Social Policy and the Ministry of Health on the protection

of workers from the risks related to exposure to asbestos at work (SG No 71/2006). The following ordinances cover most of

the prescriptions of that Directive despite the fact that they are not presented as a transposing legislation. Ordinance 1 for

protection workers from risks, related with exposure to asbestos at work (SG, No 32, 2003) Наредба № 1 за защита на

работещите от рискове, свързани с експозицията на азбест при работа (ДВ, бр. 32 от 2003 г.) , withdrawn and replaced

by Ordinance № 9 of 4 August 2006 MTSP and MH protection of workers from risks related to exposure to asbestos at work

(Наредба №9 от 4 август 2006 г. на МТСП и МЗ за защита на работещите от рискове, свързани с експозиция на

азбест при работа)and item 1 from Application No 1 of Ordinance 13 for protection of workers from risks related to

exposure to chemical agents at work (SG, No 8 of 2004)

т. 1 от приложение № 1 от Наредба 13 за защита на работещите от рискове, свързани с експозиция на химични

агенти при работа (ДВ, бр. 8 от 2004 г.).

Milieu Ltd

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Directive

O


Legislation prior

to transposition

(Y/N)

Infringement

proceedings

agents) декември 1997г.), OSH Law 1997

Ordinance № 4 of 2002 on the protection

of workers from risks related to exposure to

biological agents at work (Наредба № 4

от 2002 г. за защита на работещите от


биологични агенти при работа), O4

biological agents28

Council

Directive

92/57/EEC

(temporary

or mobile

construction

sites)

O





Spatial Development Act of 31.03.2001

(Закон за устройство на територията от

31.03.2001) SDA

Ordinance № 2 of MTSP and Works from

2004 on the minimum health and safety

conditions in the course of construction

works (Наредба № 2 на МТСП и МРРБ от


здравословни и безопасни условия на

труд при извършване на строителни и

монтажни работи), O2 construction

works29

Y.

Council

Directive

92/104/EEC

(surface and

underground

mineral-

extracting

industries)

S






1.04.1986 г.), LC 1986








O7 workplace and WE


Y.

28 Regulation No 4 of 14 October 2002 on the protection of workers from risks related to exposure to biological agents at

work (SG No 105/2002). The Ordinance defines the minimum requirements for protection of employees from existing or

potential risks for the health and safety in exposure to biological agents at the work place. Attached is a list with classification

of biological agents in four risk groups depending on the level of risk and infection. Medical surveillance and protection

measures are also included in applications. 29 Regulation No 2 of the Ministry of Transport and Communications and the Ministry of Regional Development and Public

Works of 2004 on the minimum health and safety requirements at work during construction and installation activities (SG No

37/2004). The Ordinance defines the minimum requirements for the provision of health and safety conditions at work

(LSHW) on temporary or mobile construction sites. Moreover, it contains rights and obligations of participants in the

construction as well as plans and instructions on safety and health, the information board, work at height and fire safety.

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Directive

O


Legislation prior

to transposition

(Y/N)

Infringement

proceedings

safety and health of workers in mines

(НАРЕДБА № 9 от 16.12.1997 г. за общи

правила за управление на дейността по

осигуряване нa безопасността и

опазване здравето на работещите в

мините), O9 workers in mines30

Council

Directive

92/91/EEC

(mineral-

extracting

industries

through

drilling)

S






1.04.1986 г.), LC 1986








O7 workplace and WE


safety and health of workers in the mineral-

extracting industries through drilling

(НАРЕДБА № 9 от 29.07.2003 г. за



здравето на работещите при добиване

на подземни богатства чрез

сондиране), O9 drilling31

Y.

Council

Directive

92/29/EEC

(medical

treatment on

board

vessels)

O





Ordinance № 9 of 11.02.2003 on medical

treatment on board vessels (Наредба № 9

от 11.02.2003 г. за медицинското

обслужване на корабите, издадена от

министъра на транспорта и

съобщенията и МЗ), O9 board vessels32

Council S Law on Health and Safety at Work from N.

30 Regulation No 9 of the Ministry of Labour and Social Policy of 1997 on the general rules for management of the activity

related to the safety and health of mine workers (SG No 123/1997). 31 Regulation No 9/2003 on the minimum requirements for ensuring safety and health of workers in the extraction of

underground natural resources through drilling (SG No 79/2003). This Ordinance defines the minimum requirements for

safety and health of employees in mineral extraction through drilling. The ordinance applies together with legislative acts on

the provision of healthy and safe working conditions. 32 Regulation No 9 of 11 February 2003 on medical services on board ships issued by the Minister of Transport and

Communications and the Minister of Health (SG No 17/2003). This Ordinance regulates the conditions and procedures for

carrying out medical treatment on ships flying the Bulgarian flag. For the purposes of this Ordinance ships are divided into

several categories. A list of necessary medicines on board as well as requirements for medical surveillance are also included.

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Directive

O


Legislation prior

to transposition

(Y/N)

Infringement

proceedings

Directive

93/103/EC

(work on

board fishing

vessels)




Ordinance on labour relations between a

ship's crew and the ship owner of

14.10.2003 (НАРЕДБА за трудовите и

непосредствено свързани с тях

отношения между членовете на

екипажа на кораба и

корабопритежателя Приета с ПМС №

226 от 14.10.2003 г.), O on ship’s crew33

Ordinance 21 of 05.07.2005 on the safety

of fishing vessels (НАРЕДБА № 21 от

5.07.2005 г. за безопасността на

риболовните кораби), O SFV34

Council

Directive

92/85/EEC

(pregnant/br

eastfeeding

workers)

S





Law on Protection against Discrimination

(Закон за защита срещу

дискриминацията), LPAD35


1.04.1986 г.), LC 1986

Social insurance code (КОДЕКС за

социално осигуряване (Загл. изм. – ДВ,

бр. 67 от 2003 г.), SIC

Ordinance for labour readjustment of

30.12.1986

(НАРЕДБА за трудоустрояване, Приета с

ПМС № 72 от 30.12.1986 г.), OLR36

Ordinance № 11 of 2.03.1987 on the room

for personal hygiene of women and rest of

Y.

33 Regulation on employment of crew members and the relations between them and the ship owner (adopted by Council of

Ministers’ Decree 226 of 14 October 2003, SG No 93/2003). Тhe Ordinance governs labour relations between members of

the crew of a ship flying under the Bulgarian flag and the ship-owner, including the conditions of employment and contract

of employment, such as working hours, holidays, paid annual leave, repatriation, social and living conditions on board and

the ship owner’s liability in case of illness or accident of the crew members. The Ordinance regulates minimum health and

safety conditions on board ships to prevent risks at work in order to prevent accidents, occupational diseases, incidents and

other hazards to the life and health of the crew. 34 Regulation No 21 of 5 July 2005 on the safety of fishing vessels (SG of 21 2005). It does not refer to the Directive

officially but the content covers the requirements. 35 This law provides protection against all forms of discrimination and promotes its prevention. Purpose of the Act is to

provide every person the right to: equality before the law; Equal treatment and opportunities for participation in public life;

Effective protection against discrimination. 36 This law provides protection against all forms of discrimination and promotes its prevention. Purpose of the Act is to

provide every person the right to: Equality before the law; Equal treatment and opportunities for participation in public life;

Effective protection against discrimination.

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Directive

O


Legislation prior

to transposition

(Y/N)

Infringement

proceedings

pregnant women (НАРЕДБА № 11 от

2.03.1987 г. за стаите за лична хигиена на

жените и за почивка на бременните

жени), O11 rest of PW37

Ordinance № 7 of 06.16.1993 on hazardous

and hard work prohibited for carrying by

women (НАРЕДБА № 7 от 16.06.1993 г. за

вредните и тежките работи, забранени

за извършване от жени), O7 hazardous of

PW38

Decree № 72 of the Council of Ministers of

30.12.1986 adopting regulations for the

application of the Labour Code of 1986


30.12.1986 г. за приемане на наредби по

прилагането на Кодекса на труда от

1986 г.), D72 of LC39

Decision of the Parliament from 21.03.2008

on adoption of Annual working program of

the National Assembly on EU issues

(РЕШЕНИЕ на НС от 21.03.2008 г. за

приемане на Годишна работна

програма на Народното събрание по

въпросите на Европейския съюз (2008 г.),

D on AWP2008

Ordinance on working time, breaks and

holidays of 1986 (НАРЕДБА за работното

време, почивките и отпуските ot 1986),

OWTBH40

Council

Directive

91/383/EEC

(temporary

workers)

O






1.04.1986 г.), LC 1986

Ordinance 5 from 20.04.2006 to ensure the

health and safety of temporary workers

(Наредба № 5 от 20 април 2006 г. За

осигуряване на здравословни и

безопасни условия на труд на

Y. CZ

37 Defines the manner for creation and type of rooms for personal hygiene and rest of pregnant women 38 Regulation No 7 of 16 June 1993 on harmful and heavy work prohibited for women (SG No 58/1993). This Ordinance

shall specify the types of work that are heavy or harmful for the health and maternal functions of women. The ordinance

defines the type of work places where women cannot start work during pregnancy. 39 Ordinance No 5 of 11 May 1999 on the procedure, manner and frequency of carrying out risk assessment; Enacts the

adoption of Ordinances for work time readjustment, free work equipment, work of individuals below the age of 15, internal

order in entities, missions within the country; introduces changes in the Labour Code. 40 The Ordinance defines the allocation and calculation of working hours, breaks, overtime, paid annual leave, maternity and

attached documents for the use of such leaves from work.

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Directive

O


Legislation prior

to transposition

(Y/N)

Infringement

proceedings

работниците по срочно трудово

правоотношение или временно трудово

правоотношение), O5 temporary

workers41

Council

Directive

94/33/EC

(young

people at

work)

S






1.04.1986 г.), LC 1986

Decree № 72 of the Council of Ministers of

30.12.1986 adopting regulations for the

application of the Labour Code of 1986


30.12.1986 г. за приемане на наредби по

прилагането на Кодекса на труда от

1986 г.), D72 of LC

Child Protection Act of 13 June 2001

(Закон за закрила на детето от

13.06.2001) CPA

Ordinance No 5 Of 11 May 1999 on the

procedure, manner and frequency of

carrying out risk assessment (НАРЕДБА № 5

от 11.05.1999 г. за реда, начина и

периодичността на извършване на

оценка на риска), O5 risk assessment

Ordinance on the work of persons under

15 years of age from 30.12.1986 (НАРЕДБА

за работата на лицата, ненавършили 15-

годишна възраст от 30.12.1986 г.), O

persons under 1542

Ordinance 6 from 24.07.2006 for terms and

conditions for work permission to persons

under 18 years of age (НАРЕДБА № 6 от

24.07.2006 г. за условията и реда за

даване на разрешения за работа на

лица, ненавършили 18 години), O6

persons under 1843

Y.

41 Regulation No 5 of 20 April 2006 on the provision of health and safety at work of workers with a fixed-duration

employment relationship or a temporary employment relationship (SG No 43/2006). The Ordinance shall establish additional

requirements to ensure the health and safety of workers in a temporary employment relationship. 42 This regulation sets out the procedure for admission to employment and working conditions of persons under 15 years of

age who may be admitted to work in the arts, according to Art. 301, para. 3 of the Labour Code (LC). 43 Regulation No 6 on the terms and procedure for awarding work permits to persons under the age of 18 (SG No 64/2006).

This Ordinance defines the manner for issuing permissions for work to people, above the age of 18; obligations of employer

to provide healthy and safe conditions to such people. Moreover, it establishes the type of work, processes and places that are

banned to hire individuals under 18 years of age. The ordinance is for people above the age of 18, who work on contract and

are apprentices under the Crafts Act. The ordinance is not applied in cases of individuals under the age of 15; students during

school activity, practice and experience.

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1.2 GENERAL INSTITUTIONAL FRAMEWORK

This section presents key policy documents and describes the institutional structure together with roles

and responsibilities of the main authorities and other stakeholders. It reviews all mechanisms and

structures for coordination amongst those authorities in the framework of the transposition and

implementation of the directives. Control and enforcement authorities will be covered under Section 5

below.

Bulgaria’s occupational health and safety policy is laid down in the Strategy on Safety and Health at

Work 2008-2012. This strategy is part of the general goal of promoting the wellbeing and quality of

life of all social groups in society.

Competences over OSH are divided between the Ministry of Labour and Social Policy of the Republic

of Bulgaria and the Ministry of Health. The General Labour Inspectorate Executive Agency (GLIEA),

which is responsible for the overall monitoring of the implementation of labour legislation, falls under

the former, while the Regional Health Inspectorates, which are specialised institutions that e.g. provide

advice to employers on OSH legislation and organise occupational health trainings for workers, are

overseen by the latter.

The permanent body for coordination, consultation and cooperation in the development and

implementation of policies to ensure safety and health at work at the national level is the National

Council on working conditions. There is, however, no coordination between GLIEA and the

Occupational Health Services, which are inspected by the Ministry of Health and not GLIEA.

1.2.1 Key policy documents

In the Strategy on Safety and Health at Work 2008-201244, the Government of the Republic of

Bulgaria sets out its vision in the field of Occupational Safety and Health. 45 The aim is to outline the

commitments and guide the efforts of state authorities, employer’s organizations, worker’s

organisations, as well as non-governmental organisations, among others, towards ensuring wellbeing

at work while taking into account the changes at work and the emergence of new occupational

hazards. The achievement of this goal is regarded as an integral part of achieving the general goal of

the country’s economic development, more specifically promoting the wellbeing and quality of life of

all social groups in society.46

1.2.2 Main authorities and stakeholders

The Council of Ministers bears the overall responsibility for issues on health and safety at work and

defines and establishes the overall policy framework. Competences and responsibilities are divided

between the Ministry of Labour and Social Policy of the Republic of Bulgaria and the Ministry of

Health.

The leading Ministry for the development and implementation of legislation and policies on OSH is

the Ministry of Labour and Social Policy of the Republic of Bulgaria (MTSP). The MTSP carries

out an integrated control of all branches and sectors through the General Labour Inspectorate

44 https://osha.europa.eu/en/organisations/bulgarian-strategy-on-safety-and-health-at-work-shw-2008-2012 45 MTSP, Strategy on Safety and Health at Work the Government of the Republic of Bulgaria, Sofia, 2008

https://osha.europa.eu/en/organisations/bulgarian-strategy-on-safety-and-health-at-work-shw-2008-2012 46 Quote from the Strategy on Safety and Health at Work, ibid.

https://osha.europa.eu/en/organisations/bulgarian-strategy-on-safety-and-health-at-work-shw-2008-2012


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Executive Agency (GLIEA), which acts under the law on labour inspections from 01.01.2009. GLIEA

is responsible for the overall monitoring of the implementation of labour legislation, offers assistance

to employers to fulfil their legal duties, and provides the Ministry with annual data on the number of

inspections carried out, decisions taken, etc.

The Ministry of Health (MZ) manages and coordinates activities related to prevention and health

promotion at work, and prepares, analyses and proposes related measures for improvement. The

Ministry monitors and oversees the Regional Health Inspectorates, which are specialised institutions

that e.g. provide advice to employers on OSH legislation and organise occupational health trainings

for workers. Each employer is legally obliged to have a contract with one of the Regional Health

Inspectorates.

The permanent body for coordination, consultation and cooperation in the development and

implementation of policies to ensure safety and health at work at the national level is the National

Council on working conditions. The Chairman of the National Council on working conditions is the

Minister of Labour and Social Policy. The organisation of business, technical and administrative

services of the National Council on working conditions is implemented by the Ministry of Labour and

Social Policy. The National Council plays an important role in the coordination of authorities and their

work on occupational health and safety, as outlined in the next chapter.

1.2.3 Coordination

Coordination across the various authorities is ensured by the MTSP Ministry of Labour and Social

Policy. Moreover, the National Council on working conditions is a permanent body for coordination,

consultation and cooperation in the development and implementation of policies to ensure safety and

health at work at the national level.47 Since February 2013, the work of the National Council has

become available to the public. The Council discusses working conditions and proposes measures for

their improvement. It discusses and expresses opinions on draft regulations on working conditions and

makes proposals for their amendment. The Council also decides on the creation of a branch and

branch structures for tripartite cooperation in working conditions. It establishes such subsidiary bodies

to address specific issues and coordinates the activities of the authorities entrusted with the control in

the field of working conditions. The Council also examines and promotes Bulgarian and foreign

experience, organises national competitions and seminars, shares information and organises other

promotional activities. Finally, it approves programmes for research and development projects to solve

problems in ensuring health and safety at work financed by the "Working Conditions Fund”.

Other coordination mechanisms include Branch Councils on working conditions and Regional

Councils on working conditions. The Branch Councils consist of representatives of the national

branch associations, unions of workers and employers of the sector or branch structures and an equal

number of representatives of the relevant ministry or department. The main functions and tasks of

branch councils on working conditions are:

Analyse the status of working conditions in the sector and propose measures for improvement;

Discuss of project rules and requirements related to OSH that are specific to the sector;

Research and promotion of best practices, organisation of competitions, seminars, and others;

Organise and conduct training on rules, norms and methods ensuring safe and healthy working

conditions for employers, officials and representatives of employees.

The Regional Councils consist of representatives of the existing regional associations or organisations

of workers and employers and an equal number of representatives of the regional administration and

47 No detailed information on the Program and Reporting of the National Council available.

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local government bodies. The bipartite social dialogues at enterprise level are established through

committees and groups on working conditions.

There is currently no coordination between GLIEA and the Occupational Health Services, which are

inspected by the Ministry of Health and not GLIEA (who does not have the legal right to do so). For

many years this has been an unsolved problem, and this was confirmed by the interviewees of this

study. The issue was highlighted during an interview with a Social Partner (employee representative):

Result from interviews:

There is a law for GLIEA – Law on labour inspections from 01.01.2009. Regarding this law GLIEA is

sending annual data to MTSP about number of inspections, decisions taken, etc. Every year until May

GLIEA collects the information from the regional inspectorates, analyse it and send it to MTSP. The

coordination is effective. There is coordination between the National Social Security Institute and the

National Revenue Agency, too. But there is no coordination between GLIEA and OSH Services. They

are inspected by MH and for many years it is an unsolved problem.

There is a gap in coordination of OSH Services. GLIEA does not control or sanction them. GLI

inspects based on risk assessment and if there are irregularities the sanction is for the employer. The

employer on the other side has a contract with OSH Service. Higher control on OSH Services is really

needed. They are with the status of private companies and should be regularly audited. The law is such

that the Occupational Health Services are untouchable.

1.3 LEGAL COVERAGE, OBSERVED DISCREPANCIES AND MORE STRINGENT MEASURES

1.3.1 Observed discrepancies, more stringent and more detailed measures

The following tables describe observed discrepancies between the Directive’s requirements and the

transposing legislation and cases where the national legislation provides for more stringent, broader or

more detailed measures than the Directive’s ones. There is one table per directive.

Observed discrepancies between the Directive’s requirements and the transposing legislation cover

instances where the text of the national transposing legislation is different from the transposed

Directive’s provisions. This difference could lead to the non-application or partial application of the

relevant CPM due to contradiction between the national provision and the corresponding one in the

Directive. They are considered for each CPM, scoping requirements and limit values when relevant

(tables 1-2 to 1-25).

More stringent provisions set requirements that go beyond the requirements of the Directive e.g. more

severe limit values. This review covers systematically the scope and relevant definitions as well as

provisions setting limit values.

The identification of more specific requirements is different from more stringent measures, as it relates

to the extent to which national law includes more detailed mechanisms for the implementation of the

CPMs. In such cases, the main requirements of the Directive are fully and effectively transposed and

the Member States have set up more detailed rules on e.g. procedures, responsibilities, etc.

In general, Bulgaria has transposed OSH-related EU Directives in a literal way with hardly any cases

where the Bulgarian legislation has incorrectly transposed the Directive’s requirements and relatively

few cases where the Bulgarian legislatin sets more stringent or broader requirements.

With regard to the legislation transposing Directive 89/391/EEC (Framework Directive), Bulgaria has

developed separate regulations, particularly with regard to risk assessment, workers’ information,

training of workers and health surveillance. The aim of these regulations is to facilitate the correct

implementation of the framework requirements in the directive, which has been transposed in the Law

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on Health and Safety at Work. These separate regulations, however, do not introduce new and/or

additional obligations. Bulgarian legislation includes additional conditions for employees working

from home rather than in the office. Generally, balanced representation of groups or workers is

reflected in national legislation.

The transposition of the individual directives does, overall, not lead to more specific requirements than

what is already established in the framework legislation. In accordance with Article 11 of the

Ordinance № 5 of 1999 on the procedure and frequency of carrying out risk assessment, the frequency

of the risk assessment shall be determined by the employer depending on the assessed risk at the

workplace and in compliance with the requirements of the legislative framework.The arrangements

for health surveillance records and the periodicity of health surveillance are provided in a separate

Ordinance and is applicable to most OSH directives.

The following observed discrepancies have been detected:

- Annex V of Directive 92/29/EEC (medical treatment on board vessels) has not been

transposed in Bulgarian legislation

- Ordinance 21 on fishing vessels, transposing Directive 93/103/EC (work on board fishing

vessels), only applies to vessels with a length of 24 metres and more. This creates an observed

discrepancy with the Directives, in which the requirements apply to vessels of more than 18

metres.

In addition, it can be noted that the national legislation applies the carcinogen and mutagen

classification according to the CLP Regulation 1272/2008, and covers as well the reprotoxic

substances 1A and 1B. The Ordinance transposing Directive 2004/37/EC (carcinogens and mutagens)

and the national legislation transposing Directive 98/24/EC (chemical agents at work) include more

specific information on the scope of training. The content or form of information provided to workers

on board fishing vessels is also further specified in national legislation. Finally, with regard to

Directive 92/85/EEC (pregnant/breastfeeding workers), national legislation adds to the scope those

workers which are under advanced in vitro treatment procedures.

Results from interviews with stakeholders

National authorities confirmed that European directives on safety and health at work are fully

transposed into national law. Transposition of directives led to national legislation which is almost

identical to the European legislation - in scope, as well as content and requirements. In this sense,

there are no observed discrepancies between the legislations.

Interviewees from other groups (not the national authorities) consider the way that the directives are

transposed as a problem, as they have often been translated literally which is not in all cases adequate

for the Bulgarian context. However, there are a few exceptions:

Government representative: “The national legislation on asbestos used to be more stringent than the

directive, but during the transposition period the requirements were eased. Concerning the chemical

agents, Bulgaria has its own national lists of chemical agents which contain more agents listed than the

Directive”.

Industry representative: “There are more stringent requirements for the vulnerable groups; e.g.

pregnant women (longer maternity leave) and young people at work (higher age is required)”.

NGO representative: “The term for “hazardous chemicals” is as per the Law for chemicals (§1, item

6), where the hazardous properties are specified as explosive, flammable, toxic, dangerous, corrosive,

sensitizing, carcinogenic, irritating, mutagens, dangerous for environment, etc. So, even household

chemicals can be classified as hazardous. Therefore, the number of people to be instructed increases

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dramatically, from hygienists to workers in the chemical industry. The quantity of used/exposed to

chemical is not helpful to distinguish sense-making instructions, because of the huge variety of

chemicals. Even a small quantity of carcinogenic or mutagenic chemicals might have irreversible

negative effects. So, the employers consider in their own way the need of every day instructions and

scope of people, which leads to formal execution of measures and an underestimation of the problem”.

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Table 1- 2 Directive 89/391/EEC (Framework Directive) – Observed discrepancies, more stringent and more detailed requirements

Main provisions Observed discrepancies More detailed or broader requirements,

including more stringent

Scope and

definitions (Art.1

and 3)

Art.1

1. All sectors of activity, both public and

private (industrial, agricultural, commercial,

administrative, service, educational, cultural,

leisure, etc.).

2. Not be applicable where characteristics

peculiar to certain specific public service

activities, such as the armed forces or the

police, or to certain specific activities in the

civil protection services inevitably conflict

with it.

Art.3

Apply to any person employed by an

employer, including trainees and

apprentices but excluding domestic

servants;

Employer: any natural or legal person who

has an employment relationship with the

worker and has responsibility for the

undertaking and/ or establishment;

No observed discrepancy has been

identified in relation to the scope and

definitions of the framework directive.

Are specific public service activities (such

as armed forces or police) included in the

scope of the legislation which are not in

the Directive?

N.

Does the legislation include domestic

servants in its scope?

N.

Is the definition of employer broader than

the Directive’s?

Y. "Employer" shall be any natural person,

body corporate or division thereof, as well as

any other organizationally and economically

autonomous entity (enterprise, office,

organization, cooperative, farm,

establishment, household, association and

the like), that independently hires employees

under employment relationships;

Other additional or more detailed

requirements

Y. There are some additional conditions for

employees working from home rather than in

an office in the Labour Code.

Conducting a

risk assessment

Art. 6(3), 9(1)(a)

Art.6

The employer must, taking into account the

nature of the activities of the enterprise

and/ or establishment evaluate the risks to

the safety and health of workers, inter alia

in the choice of work equipment, the

chemical substances or preparations used,

and the fitting-out of work places.

No observed discrepancies have been

identified.

Are the risks to be taken into account in

the assessment described in a more

specific manner than in the Directive?

Y.48 The legislation also requires an indication

of existing dangers and sources of health and

safety hazards.

Is the content of the risk assessment more

detailed than described in the Directive?

48 The comments on risk assessment refer to Ordinance No 5 of 11 May 1999 on the procedure, manner and frequency of carrying out risk assessment.

https://osha.europa.eu/fop/bulgaria/bg/legislation/regulation/n5ror_trc_2003_224.stm

https://osha.europa.eu/fop/bulgaria/bg/legislation/regulation/n5ror_trc_2003_224.stm

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Art.9

The employer shall be in possession of an

assessment of the risks to safety and health

at work, including those facing groups of

workers exposed to particular risks.

Y. Article 3 of O5 specifies that the risk

assessment shall include:

1. work processes;

2. work equipment ;

3. premises;

4. work stations;

5. organisation of the work;

6. use of raw materials;

7. additional factors which may present a risk.

Is a more specific methodology for risk

assessment provided in the legislation?

Y. In its Article 14, Ordinance No 5 sets out

that the risk assessment shall include the

following phases:

1. classification of the work-related activities;

2. identification of the risks in the different

work-related activities;

3. determining the workers and employees

exposed to hazard;

4. determining the risk elements;

5. risk assessment;

6. documentation.

Are the sources of information and

persons in charge of the risk assessment

described in the legislation in a more


Y. Article 4 requires the risk assessment to be

carried out by the employer. In addition, it

shall involve the occupational medicine

services, the safety and health bodies and

the other experts from the undertakings.

Whenever deemed necessary the employer

shall also invite other external organisations

and specialists. (O5 risk assessment)


requirements

Y. The O5 on risk assessment says that “results

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of investigations of injuries, accidents,

occupational diseases and accidents

without injuries require revision of the risk

assessment.”

Ensuring

preventive and

protective

services Art.7(1)

The employer shall designate one or more

workers to carry out activities related to the

protection and prevention of occupational

risks for the undertaking and/ or

establishment.

Designated workers may not be placed at

any disadvantage because of their

activities related to the protection and

prevention of occupational risks and shall

be allowed adequate time to enable them

to fulfil their obligations.

If such protective and preventive measures

cannot be organized for lack of competent

personnel in the undertaking and/ or

establishment, the employer shall enlist

competent external services or persons.

He shall inform them of the factors known to

affect, or suspected of affecting, the safety

and health of the workers.

In all cases (internal/external services), they

must have the necessary capabilities/

aptitudes and means and must be

sufficient in number to deal with the

organization of protective and preventive

measures. MS must define the necessary

capabilities and aptitudes and determine

the sufficient number.

The protection from, and prevention of, the

health and safety risks shall be the

responsibility of one or more workers, of one

service or of separate services whether from

inside or outside the undertaking and/ or

establishment. The worker(s) and/ or


identified on ensuring preventive and

protective services.

Does the legislation define in more

specific terms who shall be designated?

N.

Are the conditions for resorting to external

services more specifically defined in the

legislation?

N.

Are the competences required from

workers or external services defined in the

legislation?

Y. The Law on Health and Safety at work, Art.

25 b sets out minimum requirements for staff

in the Occupational Health Services (OHS). In

Art. 25 b (3) there is a list of persons who are

not allowed to be staff of the OHS.

Are criteria to define the resources

(number of persons designated) provided

in the legislation?

N.


requirements

N.

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agency(ies) must work together whenever

necessary.

MS may define, in the light of the nature of

the activities and size of the undertakings,

the categories of undertakings in which the

employer, provided he is competent, may

himself take responsibility.

Information for

workers Art.10

The employer shall ensure that workers

receive all the necessary information

concerning the safety and health risks and

protective and preventive measures and

activities in respect of the establishment

and each type of workstation.

The employer shall take appropriate

measures so that employers of workers from

any outside undertakings and/ or

establishments engaged in work in his

undertaking and/ or establishment receive

similar information


measures so that workers with specific

functions in protecting the safety and

health of workers, or workers'

representatives with specific responsibility

for the safety and health of workers shall

have access to the risk assessment and

protective measures, to the list of and

reports on occupational accidents and the

information yielded by protective and

preventive measures, inspection agencies

and bodies responsible for safety and

health.


identified in relation to information of

workers.

Does the legislation provide for specific

conditions (e.g. size of the establishments)

in relation to workers information?

Y. According to the transposing legislation, in

companies and other organisations with

personnel of 5 to 50 employees, as well as in

separate departments of the companies,

entities and organisations, groups on working

conditions are established. Committees and

groups on work conditions discuss each

quarter the overall activity for ensuring the

health and safety at work and propose

measures for improvement. Their members

have access to information, pass trainings,

and discuss analysis and results from the

medical surveillance, planned changes in

technologies and within the company.

Committees and groups on work conditions

also accomplish checks of the working

conditions; monitor the status of work

accidents and occupational diseases; they

also participate in the development of

programs for information and education of

employees on the problems of healthy and

safe conditions at work.

In cooperation with members of more than 5

workers a group on work conditions

established and, companies with more than

50 workers – a committee on working

conditions.

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Is the content or form of information to

workers further specified?

N.

Are there more detailed requirements

relating specifically to one of the

individual directives?

N.


requirements

N.

Training of

workers Art.12

The employer shall ensure that each worker

receives adequate safety and health

training during working hours, in particular in

the form of information and instructions

specific to his workstation or job and

adapted to any changes in technology or

risks and repeated periodically if necessary.

The employer shall ensure that workers from

outside undertakings and/ or establishments

engaged in work in his undertaking and/ or

establishment have in fact received

appropriate instructions regarding health

and safety risks.

Workers' representatives with a specific role

in protecting the safety and health of

workers shall be entitled to appropriate

training during working hours or in

accordance with national practice either

within or outside the undertaking and/ or

the establishment.


identified in relation to information of

workers.

Is more specific information on the scope

of training provided in the legislation?

Y.49 National legislation, without neglecting

the requirements of the Framework Directive,

provides more details about training of

workers. Art. 6 to 9 of the Ordinance on the

terms, and procedure for conducting

periodic training and providing instructions to

employees on the rules to ensure safe and

healthy working conditions provides such

additional detail

Are there specific requirements as to the

competence of trainers provided in the

legislation?

Y. The Ordinance on the terms and

procedure for conducting periodic training

and providing instruction to employees on

the rules to ensure safe and healthy working

conditions specifies the level of competence

of the trainers in its Article 8.



49 Ordinance № RD-07-2 of 16.12.2009 on the terms and procedure for conducting periodic training and instruction to employees on the rules to ensure safe and healthy working conditions.

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Y.50 The above-mentioned ordinance also

includes specific training requirements for

some of the individual directives.


requirements

N.

Health

surveillance

Art.14


receive health surveillance appropriate to

the health and safety risks they incur at

work.

These measures shall be such that each

worker, if he so wishes, may receive health

surveillance at regular intervals.

Health surveillance may be provided as

part of a national health system.

No observed discrepancies on health

surveillance have been identified.




Y. The Special Ordinance 3 of 28.02.1987 on

the mandatory preliminary and periodic

medical examinations of workers sets out

detailed requirements for health surveillance

covering the individual directives.


requirements

Y. A detailed procedure how to organise,

keep and report the health surveillance

analyses is given in O 3 for medical checks

(1887, last amended 2005) and Ordinance

No 3 (2008) on the activity of Services for

medicine at work. There are paper and

electronic records on the health of each

examined person, kept at Services for

medicine at work. Big enterprises have their

own Services, the other are obliged to sign a

contract with such registered and licensed

service. There is a public register of those

Services.

Consultation of

workers Art.11,

6(3)(c)

Employers shall consult workers and/ or their

representatives and allow them to take part

in discussions on all questions relating to


identified.

Is balanced51 participation reflected in

the national legislation? Are specific

criteria put in place?

50 Refers to the above mentioned Ordinance. 51 This covers balanced representation of groups or workers e.g. workers exposed to particular health or safety risks.

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safety and health at work.

Workers' representatives with specific

responsibility for the safety and health of

workers shall have the right to ask the

employer to take appropriate measures

and to submit proposals to him to that end

to mitigate hazards for workers and/ or to

remove sources of danger.

They shall have adequate time off work,

without loss of pay, and the necessary

means to enable them to exercise their

rights and functions.

Workers and/ or their representatives are

entitled to appeal to the authority

responsible for safety and health protection

at work if they consider that the measures

taken and the means employed by the

employer are inadequate for the purposes

of ensuring safety and health at work.

Workers' representatives must be given the

opportunity to submit their observations

during inspection visits by the competent

authority.

Y. Balanced participation in consultation is

guaranteed in the Health Law. Its article Art.

27. (1) (Changed SG, N. 40 from 2007),

companies and other entities and

organizations with more than 50 employees

are required to establish committees on

working conditions with up to 10 people. The

Committee under p.1 unites representatives

of the employer and an equal number of

representatives of employees on safety and

health at work. Coordination of the tripartite

cooperation takes place in the National

Council on working conditions.




N.


requirements

N.

Limit values N/A N/A N/A

Other issues

identified

E.g. List and reports regarding occupational

accidents, emergency measures, adequate

controls and supervision, other protective

and preventive measures


identified.

Reports of GLIEA52 and NSI53. The General

Labour Inspectorate issues every year its

annual report on work accidents, with

detailed statistics on the type of accidents,

sector, branch, gender of employees

affected, as well as proposition for measures.

It also shows an analysis on the loss of work

hours due to accidents and identifies the

lethal accidents.

52 http://www.gli.government.bg/page.php?c=41 53 http://www.noi.bg/aboutbg/st/statistic/304-tzpb/infotz

http://www.gli.government.bg/page.php?c=41

http://www.noi.bg/aboutbg/st/statistic/304-tzpb/infotz

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The National Security Institute presents in its

annual reports statistics and analysis on

insurances granted for prevention of work

accidents as well as insurances for covering

accidents at work.

Table 1- 3 Council Directive 89/654/EEC (workplace) - Observed discrepancies, more stringent and more detailed requirements



Scope and

definitions

Art. 1 and Art. 2

The Directive applies to workplaces, but

excludes from its scope of application (a)

means of transport used outside the

undertaking and/or the establishment, or

workplaces inside means of transport, (b)

temporary or mobile construction sites, (c)

extracting industries, (d) fishing boats, and

(e) fields, woods and other land forming

part of an agricultural or forestry

undertaking but situated away from the

undertaking's buildings.

‘Workplace’ means the place intended to

house workstations on the premises of the

undertaking and/or establishment and any

other place within the area of the

undertaking and/or establishment to which

the worker has access in the course of his

employment.



definitions of the workplace directive.

Does the transposing legislation cover any

of the elements that the Directive

expressly excludes54?

N. The transposing legislation literally reflects

Articles 1 and 2 of the workplace directive.

Is the definition of ‘workplace’ in national

law broader than the required by the

Directive?

N.


requirements

N.

Conducting a

risk assessment

N/A N/A N/A

Ensuring

preventive and

protective

N/A N/A N/A

54 Please note that points (b), (c) and (d) are regulated by specific legislation.

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services

Information for

workers

Art. 7

Workers and/ or their representatives shall

be informed of all measures to be taken

concerning safety and health at the

workplace

Framework Directive applies.


identified in relation to the information for

workers of the workplace directive.




N. It only specifies that the information should

be easily understandable for the specific

workers.



N.


requirements

N.

Training of

workers

N/A N/A N/A

Health

surveillance

N/A N/A N/A

Consultation of

workers

Art. 8

Framework Directive applies. No observed discrepancies have been

identified.


than in the Framework Directive?

N. The Ordinance on workplaces specifically

states that the employers shall consult with

the employees or their representatives on

safety and health at work and create the

possibility of their participation in all matters

relating to this Ordinance.


requirements

N.


Others


identified in relation to the other key

requirements of the Directive.

No more detailed requirements were


requirements.

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Table 1- 4 Directive 2009/104/EC (work equipment) – Observed discrepancies, more stringent and more detailed requirements



Scope and

definitions

Art. 1 and Art.

2(a)

The Directive relates to the use of work

equipment by workers at work where work

equipment is defined as any machine,

apparatus, tool or installation used at work.


identified on scope and definitions.

Any additional or more detailed

requirements

N. The scope and definitions are literally

transposed into the national legislation.

Conducting a

risk assessment

Art. 3 #

The employer must take measures to ensure

that the work equipment made available

to workers is suitable for the work to be

carried out or properly adapted for that

purpose and may be used by workers

without impairment to their safety or health.

In selecting the work equipment which he

proposes to use, the employer must pay

attention to the specific working conditions

and characteristics and to the hazards

which exist in the undertaking or

establishment, in particular at the

workplace, for the safety and health of the

workers, and any additional hazards posed

by the use of the work equipment in

question.


identified on conducting on risk assessment.




N.



N.



N.

Are the sources of information and persons

in charge of the risk assessment described

in the legislation in a more specific manner

than in the Directive?

N.


requirements

N.

Ensuring

preventive and

protective

services

N/A N/A N/A

Information for

workers

Art. 8


Where appropriate, written instructions

should be made available to workers on


identified on information for workers.




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the work equipment used at work, including

information on (a) the conditions of use of

work equipment; (b) foreseeable abnormal

situations; and (c) the conclusions to be

drawn from experience, where

appropriate, in using work equipment.

N.


requirements

N.

Training of

workers

Art. 9


Workers given the task of using work

equipment receive adequate training,

including training on any risks which such

use may entail.

Workers specifically designated to carry out

repairs, modifications, maintenance or

servicing receive adequate specific

training.


identified on training of workers.



N.



legislation?

N.


requirements

N.

Health

surveillance N/A N/A N/A

Consultation of

workers

Art. 10

Framework Directive applies. No observed discrepancies have been

identified on consultation of workers.

Is balanced55 participation reflected in the

national legislation? Are specific criteria

put in place?

Y. Balanced participation is required in the

Law on OSH 1997. No specific criteria are put

in place.

N. There are no specific criteria.


requirements

N.


55 This covers balanced representation of groups or workers e.g. workers exposed to particular health or safety risks.

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Other issues

identified






requirements.

*Where appropriate, the existence of the earlier version (89/655/EEC) will be taken into account.

# Employers are required to assess possible risks in selecting work equipment.

+ Inspection (and testing) by competent persons.

Table 1- 5 Council Directive 89/656/EEC (PPE) – Observed discrepancies, more stringent and more detailed requirements



Scope and

definitions

Art. 1 and 2

The Directive applies to personal protective

equipment (PPE) used by workers at work.

PPE as defined excludes (a) ordinary working

clothes and uniforms not specifically

designed to protect the safety and health of

the worker; (b) equipment used by

emergency and rescue services; (c) personal

protective equipment worn or used by the

military, the police and other public order

agencies; (d) personal protective equipment

for means of road transport; (e) sports

equipment; (f) self-defence or deterrent

equipment; (g) portable devices for

detecting and signalling risks and nuisances.


identified related to the scope and

definition.

Does the transposing legislation cover PPE

used by emergency and rescue services?


Art. 1 and 2.


of the other exclusions in the Directive?

N.


requirements

N.

Conducting a

risk assessment

Art. 5*

Before choosing personal protective

equipment, the employer is required to

assess whether the personal protective

equipment he intends to use satisfies

certain requirements.

This assessment shall involve (a) an analysis

and assessment of risks which cannot be

avoided by other means; (b) the definition

of the characteristics which personal


identified related to the conducting a risk

assessment.


requirements


Art. 5.

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protective equipment must have in order

to be effective against such risks, taking

into account any risks which this equipment

itself may create; (c) comparison of those

characteristics with the characteristics of

the personal protective equipment

available.

The assessment shall be reviewed if any

changes are made to any of its elements

Ensuring

preventive and

protective

services

N/A N/A N/A

Information for

workers

Art. 7

Framework Directive applies

Workers and/or their representatives shall


with regard to the health and safety of

workers when personal protective

equipment is used by workers at work.


identified related to information for workers.


than in the Framework Directive? Are

there other additional or more detailed

requirements

N. It is specified in the transposed legislation

that for each PPE workers should be supplied

with the specific information and instructions

for operation and that the employer should

inform the employees about the potential

risks from which they are protected by the

PPE they are using.

Training of

workers

Art. 4(8) and 4(9)

The employer shall arrange for training and

shall, if appropriate, organize

demonstrations in the wearing of personal

protective equipment.

Personal protective equipment […] must be

used in accordance with instructions. Such

instructions must be understandable to the

workers.


identified related to training of workers.


of training on PPE provided in the

legislation?

N. The transposed legislation literally reflects

the Directive’s requirements.

Are there detailed requirements on

demonstrations to be organized in the

wearing of PPE?

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N.


requirements

N.

Health

surveillance #

N/A

N/A N/A

Consultation of

workers

Art. 8

Framework Directive applies No observed discrepancy has been

identified related to consultation of workers.


than in the Framework Directive? Are

there other additional or more detailed

requirements

N.


Other issues

identified






requirements.

* The Directive makes no provision for a risk assessment. The need for the use of PPE is presumably identified in addressing the findings of other risk assessments, relating to

the hazard which the PPE is intended to protect against. There is however provision for an assessment of the PPE itself (Article 5) but this is not specifically a risk assessment.

# Health surveillance is covered by the provisions of those directives covering the risks from which a specific item of PPE is intended to provide protection.

Table 1- 6 Council Directive 92/58/EEC (OSH signs) - Observed discrepancies, more stringent and more detailed requirements



Scope and

definitions

Art. 1 and 2

The Directive applies to safety and/or

health signs and excludes from its scope of

application signs for placing on the market

of dangerous substances and preparations,

products and/or equipment and signs used

for regulating road, rail, inland waterway,

sea or air transport.


identified related to the scope and

definition.


requirements

N. The transposing legislation literally refers to

Articles 1 and 2 of the Directive.

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Conducting a

risk assessment

N/A N/A N/A

Ensuring

preventive and

protective

services

N/A N/A N/A

Information for

workers

Art. 7



be informed of all the measures to be taken

concerning the safety and/or health signs

used at work.


identified related to the information of

workers.



N.


requirements


Article 7 of the directive

Training of

workers

Art. 7(2)


Workers must be given specific directions

concerning the safety and/or health signs

used at work, in particular the meaning of

the signs, especially signs incorporating

words, and the general and specific

behaviour to be adopted.


identified related to the training of workers.



N.


requirements


Article 7(2)of the Directive

Health

surveillance

N/A N/A N/A

Consultation of

workers

Art. 8



identified.



N.


requirements

N.


Other issues No observed discrepancies have been No more detailed requirements were

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identified identified in relation to the other key



requirements.

Table 1- 7 Directive 1999/92/EC (ATEX) - Observed discrepancies, more stringent and more detailed requirements



Scope and

definitions

Art. 1 and 2

The Directive applies to the protection of

workers potentially at risk from explosive

atmospheres as defined in Art. 2. It excludes

from its scope of application: (a) the areas

used directly for and during the medical

treatment of patients; (b) the use of

appliances burning gaseous fuels; (c) the

manufacture, handling, use, storage and

transport of explosives or chemically

unstable substances; (d) mineral extracting

industries; and (e) the use of transport

subject to international agreements as

specified.

The Directive applies to the risk from

explosive atmospheres, i.e. from mixtures

with air, under atmospheric conditions, of

flammable substances in the form of gases,

vapours, mists or dusts in which, after

ignition has occurred, combustion spreads

to the entire unburned mixture.


identified related to the Scope and

definitions.

Does the transposing legislation include56 :

- areas used directly for and during the

medical treatment of patients?

N.

- the manufacture, handling, use,

storage and transport of explosives or

chemically unstable substances?

N.


requirements

N.

Conducting a

risk assessment

Art. 4(1)

The employer shall assess the specific risks

arising from explosive atmospheres, taking

account at least of:

— the likelihood that explosive atmospheres

will occur and their persistence,


identified related to risk assessment.

Is the risk assessment reviewed regularly

and in any event when any changes occur

in the conditions of the type of work

involved?

Y. Art. 11. (1) of Ordinance № 5 of 11.05.1999

56 Please note that points (b),(d) and (e) are regulated by specific legislation.

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— the likelihood that ignition sources,

including electrostatic discharges, will be

present and become active and effective,

— the installations, substances used,

processes, and their possible interactions,

— the scale of the anticipated effects.

Explosion risks shall be assessed overall.

on the procedure, manner and frequency of

carrying out risk assessment. The risk

assessment shall be revised when:

1. any changes that may affect the risk - the

introduction of new production processes,

equipment, products and materials, changes

in work organization, new buildings and

facilities, reconstruction of existing, etc .;

2. after changes in legislation;

3. data and information become invalid or

inappropriate;

4. evaluation conditions have to be

improved;

5. the protective and preventive measures

are ineffective or inadequate;

6. the results of the investigations of injuries,

accidents, occupational diseases and

accidents at work require a revision.

(2) Review of the assessment is made:

1. at the discretion of the employer;

2. at the prescription of the control

authorities.

(3) The frequency of risk assessment is

determined by the employer according to

the risk identified and in accordance with

the requirements of the regulations.Are the

risks to be taken into account in the

assessment described in a more specific

manner than in the Directive?

N.



N.



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N.





N.


requirements

N.

Ensuring

preventive and

protective

services

N/A N/A N/A

Information for

workers

N/A N/A N/A

Training of

workers

Annex II, 1.1

The employer must provide those working in

places where explosive atmospheres may

occur with sufficient and appropriate

training with regard to explosion protection.



Is more specific information on the scope of

training provided in the legislation?

N.


requirements

N.

Health

surveillance

N/A N/A N/A

Consultation of

workers

N/A N/A N/A


Other issues

identified






requirements.

Table 1- 8 Council Directive 90/269/EEC (manual handling of loads) - Observed discrepancies, more stringent and more detailed requirements



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Scope and

definitions

Art. 1 and 2

The Directive relates to the manual

handling of loads where there is a risk

particularly of back injury to workers where

manual handling is defined as any

transporting or supporting of a load, by one

or more workers, including lifting, putting

down, pushing, pulling, carrying or moving

of a load which, by reason of its

characteristics or of unfavourable

ergonomic conditions, involves a risk

particularly of back injury to workers.


identified related to scope and definition.

There are no broader requirements in the

transposing legislation.

Conducting a

risk assessment

Art. 4(a)

Wherever the need for manual handling of

loads by workers cannot be avoided, the

employer shall organize workstations in such

a way as to make such handling as safe

and healthy as possible and: assess, in

advance if possible, the health and safety

conditions of the type of work involved, and

in particular examine the characteristics of

loads, taking account the reference factors

provided for in Annex I to the Directive.


identified related to risk assessment.


and in any event when any changes

occur in the conditions of the type of work

involved?

Y. Art. 11(1) 6. of the Ordinance on risk

assessment says that “results of investigations

of injuries, accidents, occupational diseases

and accidents without injuries require revision

(“of the risk assessment”)”, note added by

expert.



specific manner than in the Directive, in

particular are the reference factors

provided in Annex I of the Directive further

detailed?

Y. In part 3 of the Annex there is an additional

requirement: if the places for storage of loads

are inappropriate.



N.


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N.





N.


requirements

N.

Ensuring

preventive and

protective

services

N/A N/A N/A

Information for

workers

Art. 6



be informed of all measures to be

implemented, pursuant to this Directive,

with regard to the protection of safety and

of health.

Employers must ensure that workers and/or

their representatives receive general

indications and, where possible, precise

information on:

— the weight of a load,

— the centre of gravity of the heaviest side

when a package is eccentrically loaded.


identified related to information for workers.




N.



N.


requirements

N.

Training of

workers

Art. 6


Employers must ensure that workers receive

in addition proper training and information

on how to handle loads correctly and the

risks they might be open to particularly if




of training provided in the legislation, in

particular in relation to the reference and

risk factors?

N.

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these tasks are not performed correctly,

having regard to the reference factors

provided for in Annex I to the Directive and

the risk factors listed in Annex II to the

Directive.


requirements

N.

Health

surveillance

N/A N/A N/A

Consultation of

workers

Art. 7





N.


requirements

N.


Other issues

identified






requirements.

Annex I

Reference Factors:

The manual handling of a load may present a risk particularly of back injury if it is too heavy or too large; unwieldy or difficult to grasp;

unstable or has contents likely to shift; positioned in a manner requiring it to be held or manipulated at a distance from the trunk, or with a

bending or twisting of the trunk; likely, because of its contours and/or consistency, to result in injury to workers, particularly in the event of a

collision.

A physical effort may present a risk particularly of back injury if it is too strenuous; only achieved by a twisting movement of the trunk; likely to

result in a sudden movement of the load; made with the body in an unstable posture.

The characteristics of the work environment may increase a risk particularly of back injury if there is not enough room, in particular vertically,

to carry out the activity; the floor is uneven, thus presenting tripping hazards, or is slippery in relation to the worker's footwear; the place of

work or the working environment prevents the handling of loads at a safe height or with good posture by the worker; there are variations in

the level of the floor or the working surface, requiring the load to be manipulated on different levels; the floor or foot rest is unstable; the

temperature, humidity or ventilation is unsuitable.

The activity may present a risk particularly of back injury if it entails over-frequent or over-prolonged physical effort involving in particular the

spine; an insufficient bodily rest or recovery period; excessive lifting, lowering or carrying distances; a rate of work imposed by a process

which cannot be altered by the worker.

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Annex II

Individual Risk Factors

The worker may be at risk if he/she is physically unsuited to carry out the task in question; is wearing unsuitable clothing, footwear or other

personal effects; does not have adequate or appropriate knowledge or training.

Table 1- 9 Council Directive 90/270/EEC (display screen equipment) - Observed discrepancies, more stringent and more detailed requirements



Scope and

definitions

The Directive relates to work with display

screen equipment as defined in Article 2,

an alphanumeric or graphic display screen,

regardless of the display process employed.

The Directive does not apply to:

(a) drivers’ cabs or control cabs for vehicles

or machinery;

(b) (computer systems on board a means of

transport;

(c) computer systems mainly intended for

public use;

(d) ‘portable’ systems not in prolonged use

at a workstation;

(e) calculators, cash registers and any

equipment having a small data or

measurement display required for direct

use of the equipment;

(f) typewriters of traditional design, of the

type known as ‘typewriter with window’


identified on scope and definition.


of the elements that the Directive

expressly excludes?

N. It is literally transposed in the national

legislation.

Is the definition of ‘display screen

equipment’ in national law broader than

required by the Directive?

N.


requirements

N.

Conducting a

risk assessment

Art.3

Employers must perform an analysis of

workstations in order to evaluate the safety

and health conditions to which they give

rise for their workers, particularly as regards

possible risks to eyesight, physical problems

and problems of mental stress.

Employers must take appropriate measures

to remedy the risks found, on the basis of

the evaluation of the safety and health

No major nconsistencies have been

identified on conducting a risk assessment.


and in any event when any changes

occur in the conditions of the type of work

involved?

Y. Art. 11(1) 6. of the Ordinance on risk

assessment says that “results of investigations

of injuries, accidents, occupational diseases

and accidents without injuries require revision

(“of the risk assessment”)

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conditions, taking account of the

additional and/or combined effects of the

risks so found.




N.



N.



N.





N.


requirements

N.

Ensuring

preventive and

protective

services

N/A N/A N/A

Information for

workers

Art. 6


Workers shall receive information on all

aspects of safety and health relating to

their workstation, in particular information

on such measures applicable to

workstations as are implemented under

Articles 3 (analysis of workstations), 7 (daily

work routine) and 9 (protection of workers’

eyes an eyesight).





N.


requirements

N.

Training of

workers

Art. 6


Every worker shall receive training in use of

the workstation before commencing work

with display screen equipment and

whenever the organization of the

workstation is substantially modified.





N.

Is the notion of ‘substantially modified’

further specified?

N.

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requirements

N.

Health

surveillance

Art. 9*

Workers shall be entitled to an appropriate

eye and eyesight test carried out by a

person with the necessary capabilities:

— before commencing display screen

work, at regular intervals thereafter, and

— if they experience visual difficulties which

may be due to display screen work.

Workers shall be entitled to an

ophthalmological examination if the results

such test show that this is necessary.

If the results of the test or of the

examination show that it is necessary and if

normal corrective appliances cannot be

used, workers must be provided with

special corrective appliances appropriate

for the work concerned.

In no circumstances these measure may

involve workers in additional financial cost.

Protection of workers’ eyes and eyesight

may be provided as part of a national

health system.


identified on health surveillance.

Are the conditions in which eye and eye

sight test is required more specifically

described in the legislation?

N.

Is the periodicity of eye and eye sight test

provided in national law?

Y. NIR: “The national legislation has made the

requirement of Article 9 of the Directive more

specific regarding the incidence of

periodical inspections depending on the age

group of people working with display screen

equipment. This is aligned to the national

legislation concerning regular medical

examinations of employees.”57

Art. 9(1)2 of O7 on the visual displays specifies

the periodicity as “once in 3 years for persons

under the age of 40 and once per year for

persons above the age of 40”.


requirements

N.

Consultation of

workers

Art. 8






N.


requirements

N.


Other issues

identified






requirements

57 See National Implementation Report, Part A, Section II, (EN) p. 65.

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* The primary purpose of this requirement is to identify users who have deficiencies in their eyesight which require correction to enable them to carry out their work with

DSE without risk to their health.

Table 1- 10 Directive 2002/44/EC (vibration) - Observed discrepancies, more stringent and more detailed requirements



Scope and

definitions

Art 1(2) and Art

2

This Directive shall apply to activities in

which workers are or are likely to be

exposed to risks from mechanical vibration

during their work.

hand-arm vibration’: the mechanical

vibration that, when transmitted to the

human hand-arm system, entails risks to the

health and safety of workers, in particular

vascular, bone or joint, neurological or

muscular disorders;

‘whole-body vibration’: the mechanical

vibration that, when transmitted to the

whole body, entails risks to the health and

safety of workers, in particular lower-back

morbidity and trauma of the spine.


identified.


requirements

N.

Conducting a

risk assessment

Art.4

The employer shall assess and, if necessary,

measure the levels of mechanical vibrations

to which workers are exposed.

The data obtained shall be preserved in a

suitable form to permit consultation at a

later stage.

The employer shall give particular attention

to:

- the level, type and duration of exposure,

including any exposure to intermittent

vibration or repeated shocks;

- the exposure limit values and the exposure

action values

- any effects concerning the health and

safety of workers at particularly sensitive risk

- any indirect effects on worker safety

resulting from interactions between


identified.

Does the national legislation require

employers to submit risk assessment to

national authorities whether on request or

automatically?

N.

Does the national legislation require that

practical guidelines for the determination

and assessment of risk must be

developed?

N.




N.



N.

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mechanical vibration and the workplace or

other work equipment

- information provided by the manufacturers

of work equipment

- the existence of replacement equipment

designed to reduce the levels of exposure

to mechanical vibration

- the extension of exposure to whole-body

vibration beyond normal

- working hours under the employer's

responsibility

- specific working conditions such as low

temperatures

- appropriate information obtained from

health surveillance, including published

information, as far as possible

The employer must be in possession of the

risk assessment

The risk assessment shall be recorded on a

suitable medium; it may include a

justification by the employer that the nature

and extent of the risks related to

mechanical vibration make a further

detailed risk assessment unnecessary.

The risk assessment shall be kept up-to-date

on a regular basis, particularly in case of

significant changes.



N.





N.


requirements

Y.58 The transposing legislation describes

formulas for calculation of the risk.

Ensuring

preventive and

protective

services

N/A

N/A N/A

Information for

workers

Art. 6

Exposed workers and/or their

representatives must receive information

and training on the outcome of the risk


identified.




58 It should be noted that both the Regulation and the Directive refer to ISO standards which are not available to the common user.

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assessment in particular:

- measures taken to eliminate or reduce to a

minimum the risks from mechanical

vibration;


action values

- the results of the assessment and

measurement and the potential injury

arising from the work equipment in use;

- why and how to detect and report signs of

injury;

- circumstances in which workers are entitled

to health surveillance

- safe working practices to minimise exposure.

N.



N.


requirements

N.

Training of

workers

Art. 6

Same as above No observed discrepancies have been

identified.



N.



legislation?

N.


requirements

N.

Health

surveillance

Art. 8

Health surveillance of workers measures

with reference to the risk assessment

outcome where it indicates a risk to their

health.

Health surveillance is intended to prevent

and diagnose rapidly any disorder linked

with exposure to mechanical vibration.


identified.

Does the national legislation require health

surveillance prior to exposure to vibration?

Y. Ordinance 3/05.07.2005 on vibration: Article

13(3) specifies that the employer is obliged to

provide health surveillance to employees,

who are exposed to vibrations, above the

acceptable daily values.59

59 Art. 3, par. 1, p. 2 and Art. 4, par. 1, p. 2.; on Regulation № 3 of MTSP and MH on the minimum requirements for ensuring the health and safety of workers at risk of vibration exposure

(Наредба №3 на МТСП и МЗ за минималните изисквания за осигуряване на здравето и безопасността на работещите при рискове, свързани с експозиция на вибрации)

http://lex.bg/bg/laws/ldoc/2135503177


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Such surveillance shall be appropriate

where:

- workers’ exposure to vibration is such that a

link can be established with an identifiable

illness or harmful effects on health,

- it is probable that the illness or the effects

occur in a worker's particular working

conditions, and

- there are tested techniques for the

detection of the illness or the harmful effects

on health.

Workers exposed to mechanical vibration in

excess of the values shall be entitled to

appropriate health surveillance.

Individual health records are required and

kept up-to-date.

Health records to contain a summary of the

results of the health surveillance and kept in

a suitable form to permit any later

consultation, taking into account any

confidentiality.

Where a worker is found to have an

identifiable disease or adverse health

effect, considered by a doctor or

occupational health-care professional to

be the result of exposure to mechanical

vibration at work:

- The worker shall be informed of the result

which relates to him personally and, in

particular, information and advice

regarding any health surveillance which he

should undergo following the end of

exposure;

- The employer shall be informed of any

significant findings from the health

surveillance, taking into account any

medical confidentiality.

N.

Does the national legislation oblige

employers to set health surveillance

requirements after the end of exposure?

N.


employers in case where, as a result of

health surveillance, a worker is found to

have an identifiable disease or adverse

health effect which is considered to be

the result of exposure to mechanical

vibration at work, to review the risk

assessment and the measure to eliminate

or reduce risk?

Y. O3 vibration exposure: According to Art. 14

and Art 15: When during a health surveillance

an illness or disability is found as a result of

exposure to vibrations the employer shall : 1.

Review the assessment of risks of Art. 5 and 6;

2. Review measures, adopted for the

elimination or reduction of risks and when

necessary acquire additional measures in

accordance with Art. 7, Art. 8, par. 1 and 2

and Art. 10;

Are the arrangements for health

surveillance records specified in the

legislation, in particular in terms of

content?

Y. Ordinance № 3 of 28.02.1987 on the

mandatory preliminary and periodic medical

examinations of workers specifies the

organisation and arrangements of a

preliminary medical examination of

employers, employees with adverse health

conditions, analysis of the results of the

required periodic medical examinations of

workers. There are forms/lists to be completed

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- Arrange continued health surveillance and

provide for a review of the health status of

any other worker who has been similarly

exposed. The competent doctor/authority

or occupational health care professional

may propose that exposed persons

undergo a medical examination.

during the mandatory preliminary and

periodic medical check-ups of workers to

hazards, as well as deadlines for their

implementation.

Are the conditions in which health

surveillance is required more specifically


N.

Is the periodicity of health surveillance


Y. According to Part III Art. (2) of the

Ordinance for mandatory preliminary and

periodic medical examinations of workers,

the periodicity depends on the frequency of

exposure to vibration – if systematic, the

medical checks are to be performed every

year, if sporadic exposure – every two years.


requirements

N.

Consultation of

workers

Art. 7





N.


requirements

N.

Limit values

Art.3

The Directive provides for a set of exposure

limit values and exposure action values in

respect of the daily vibration exposure

levels.

Hand-arm vibration:

- Daily exposure limit value standardised to

an eight-hour reference period: 5 m/s2;

- Daily exposure action value standardised to

an eight-hour reference period: 2,5 m/s2.

For whole-body vibration:

- Daily exposure limit value standardised to


identified.

Does the transposing legislation set more

stringent values?

N.


requirements

N.

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an eight-hour reference period: 1,15 m/s2

or, at the MS’s choice, a vibration dose

value of 21 m/s1,75;

- Daily exposure action value standardised to

an eight-hour reference period: 0,5 m/s2 or,

at the MS’s choice, a vibration dose value

of 9,1 m/s1,75.

Other issues

identified






requirements

Table 1- 11 Directive 2003/10/EC (noise) - Observed discrepancies, more stringent and more detailed requirements



Scope and

definitions

Art 1 and Art 2

Directive shall apply to activities in which

workers are or are likely to be exposed to

risks from noise as a result of their work.

- daily noise exposure level (LEX,8h) (dB(A) re.

20 μPa): time weighted average of the

noise exposure levels for a nominal;

- weekly noise exposure level (LEX,8h ): time-

weighted average of the daily noise

exposure levels for a nominal week of five

eight-hour working days as defined by

international standard ISO 1999:1990, point

3.6 (note 2).


identified.


requirements

N.

Conducting a

risk assessment

Art.4


measure the levels of noise to which

workers are exposed, giving particular

attention, to:

- the level, type and duration of exposure,

including any exposure to impulsive noise;


action values;


safety of workers belonging to particularly


identified.




automatically?

N. According to O5 risk assessment, the

controlling authority is GIL EA. The Minister of

MTSP and the Minister of Health give their

instructions for enforcement of the ordinance.

There is no requirement in the legislation to

submit the risk assessment to the authorities.

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sensitive risk groups;

- as far as technically achievable, any effects

on workers' health and safety resulting from

interactions between noise and work-

related toxic substances, and between

noise and vibrations;

- any indirect effects resulting from

interactions between noise and warning

signals or other sounds that need to be

observed in order to reduce the risk of

accidents;

- information on noise emission provided by

manufacturers of work equipment in

accordance with relevant EU directives;

- the existence of alternative work equipment

designed to reduce the noise emission;

- the extension of exposure to noise beyond

normal working hours under the employer's

responsibility;

- appropriate information from health

surveillance, including published

information, as far as possible;

- the availability of hearing protectors with

adequate attenuation characteristics.

The employer shall be in possession of the

risk assessment.


suitable medium, according to national law

and practice.

The risk assessment shall be kept up to date

on a regular basis, particularly in case of

significant changes which could render it

out of date, or when the results of health

surveillance show it to be necessary.




developed?

N.

Are the risks/factors to be taken into

account in the assessment described in a

more specific manner than in the

Directive?

N. The text of the Directive is literally

transposed in the national legislation



N. It is literally transposed in O5 risk

assessment



Y. Article 4(1), (2) and (3) of Ordinance

6/2006 require that, when assessing the risk,

the employer’s methods and equipment for

risk assessment shall be adapted to:

1. characteristics of noise;

2. duration of exposure to factor;

3. surrounding factors;

4. characteristics of the equipment.





N.


requirements

N.

Ensuring

preventive and

protective

The assessment and measurement shall be

planned and carried out by competent

services at suitable intervals


identified.


requirements

N.

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services

Art 4(4)

Information for

workers

Art. 8

Workers exposed at work at or above the

lower exposure action values, and/or their

representatives, receive information and

training relating to risks resulting from

exposure concerning, in particular:

- the nature of such risks;

- the measures taken to implement this

Directive in order to eliminate or reduce to a

minimum the risks from noise,


action values

- the results of the assessment and

measurement together with an explanation

of their significance and potential risks

- the correct use of hearing protectors

- why and how to detect and report signs of

hearing damage

- the circumstances in which workers are

entitled to health surveillance and the

purpose of health surveillance

- safe working practices to minimise exposure

to noise


identified.




N. The Ordinance literary reflects text of the

Directive.



N. Ordinance literary reflects text of the

Directive.


requirements

N.

Training of

workers

Art. 8


identified



N. The Ordinance literally reflects the text of

the Directive.

Health

surveillance

Art. 10

Health surveillance of workers where the

results of the assessment/measurement

show a risk to their health.

A worker whose exposure exceeds the

upper exposure action values shall have

the right to have his/her hearing checked

by a doctor or by another suitably qualified

person under the responsibility of a doctor,

Preventive audiometric testing shall also be


identified


surveillance prior to exposure to noise?

N.



requirements after the end of exposure?

N.



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available for workers whose exposure

exceeds the lower exposure action values,

where the risk assessment indicates a risk to

health.

The objectives of these checks are to

provide early diagnosis of any hearing loss

and preserve hearing function.

Individual health records are made and

kept up to date.

Health records shall contain a summary of

the results of the health surveillance carried

out.

They shall be kept in a suitable form to

permit consultation, taking into account

any confidentiality.

Copies of the appropriate records shall be

supplied to the CA on request. The

individual worker shall, at his or her request,

have access to health records relating

personally to him/her.

Where, as a result of surveillance, a worker

is found to have identifiable hearing

damage, a doctor, or a specialist if the

doctor considers it necessary, shall assess if

the damage is likely to be the result of

exposure at work. If this is the case:

- the worker shall be informed by the doctor

or other suitably qualified person of the

result which relates to him or her personally;

The employer shall:

- review the risk assessment

- review the risk mitigation measures taking

into account the advice of the

occupational healthcare professional or

other suitably qualified person or the CA in

implementing any measures required to

eliminate or reduce risk and, including the

legislation, in particular in terms of

content?

N.




N.



Y. Ordinance 3/1987 specifies the periodicity

according to the level of noise – when it is up

to 20dB higher than normal - every two years,

when it is above 20 dB – every year.


requirements

N.

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possibility of assigning the worker to

alternative work where there is no risk of

further exposure; and

- arrange systematic health surveillance and

provide for a review of the health status of

any other worker who has been similarly

exposed.

Consultation of

workers

Art. 9



identified



N.


requirements

N.

Limit values

Art.3

For the purposes of this Directive the

exposure limit values and exposure action

values in respect of the daily noise exposure

levels and peak sound pressure are fixed at:

(a) exposure limit values: LEX,8h = 87 dB(A)

and ppeak = 200 Pa (1) respectively;

(b) upper exposure action values: LEX,8h 85

dB(A) and ppeak = 140 Pa (2) respectively;

(c) lower exposure action values: LEX,8h = 80

dB(A) and ppeak = 112 Pa (3) respectively.

When applying the exposure limit values,

the determination of the worker's effective

exposure shall take account of the

attenuation provided by the individual

hearing protectors worn by the worker.

The exposure action values shall not take

account of the effect of any such

protectors.


identified


stringent values?

N. The Ordinance literally transposes these

requirements


requirements

N.

Other issues

identified




Y. 60(3) As a derogation when daily exposure

rates are different for two consecutive days,

the average weekly rate may be used for

60 Regulation 6 of 15.08.2005 on the minimum requirements for ensuring the health and safety of workers at risk of noise exposure.

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evaluating the exposure rates instead of the

law daily rate of exposure to noise, with a

view to take preventive measures , if:

1. the average weekly level of noise

exposure, as evidenced by measurement

does not exceed the exposure limit value 87

dB (A);

2. appropriate measures are taken to

minimize the risk associated with these

activities.

Table 1- 12 Directive 2004/40/EC (electromagnetic fields) – Observed discrepancies, more stringent and more detailed requirements

61



Scope and

definitions

Art 1 and Art 2

Directive lays down minimum requirements

for the protection of workers from risks from

exposure to electromagnetic fields (0 Hz to

300 GHz) during their work.

It refers to the risk to the health and safety

of workers due to known short-term adverse

effects in the human body caused by the

circulation of induced currents and by

energy absorption as well as by contact

currents.

It does not address suggested long-term

effects, nor the risks resulting from contact

with live conductors.

electromagnetic fields’: static magnetic

and time-varying electric, magnetic and

electromagnetic fields with frequencies up

to 300 GHz;

The Directive has not been transposed into

national legislation.

Does the national legislation cover

suggested long-term effects?

Does the national legislation address the

risks resulting from contact with live

conductors?


requirements

Conducting a The employer shall assess and, if necessary, Does the national legislation require

61 The Directive has not been transposed into national legislation. There are few Ordinances from national legislation which cover some of the requirements. It makes difficult to reflect to all

questions in this table.

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risk assessment

Art.4

measure and/or calculate the levels of

electromagnetic fields to which workers are

exposed.

On the basis of this assessment, if the action

values are exceeded, s/he shall assess and,

if necessary, calculate whether the

exposure limit values are exceeded.

Assessment, measurement and/or

calculations need not be carried out in

workplaces open to the public provided

that an evaluation has already been

undertaken in accordance with Council

Recommendation 1999/519/EC.


suitable form to permit consultation at a

later stage

The employer shall give particular attention,

when carrying out the risk assessment, to:

- level, frequency spectrum, duration and

type of exposure;

- the exposure limit values and action values;

- any effects concerning workers at particular

risk;

- any indirect effects.

The employer shall be in possession of a risk

assessment.


suitable medium. It may include a

justification by the employer that the nature

and extent of the risks related to

electromagnetic fields make a further

detailed risk assessment unnecessary.

The risk assessment shall be updated on a

regular basis, particularly if there have been

significant changes which could render it

out of date, or when the results of health

surveillance show it to be necessary.



automatically?













requirements

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Ensuring

preventive and

protective

services

Art 4(4)

Assessment, measurement and/or

calculations shall be planned and carried out

by competent services or persons at suitable

intervals,


requirements


requirements

Information for

workers

Art. 6

The employer shall ensure that exposed

workers and/or their representatives receive

any necessary information/training relating to

the outcome of the risk assessment, in

particular on:

- measures taken to implement this Directive;

- values and concepts of the exposure limit

values and action values and the

associated potential risks

- the results of the assessment, measurement

/calculations of the levels of exposure to

electromagnetic fields

- how to detect adverse health effects and

to report them;


to health surveillance;

- safe working practices to minimise risks from

exposure






Training of

workers

Art. 6

Same as above




requirements

Health

surveillance

Art. 8


In any event, where exposure above the

limit values is detected, a medical

examination shall be made available to the

worker(s) concerned.

If health damage resulting from exposure is

detected, the employer must carry out a

reassessment of the risks



surveillance prior to exposure to

electromagnetic fields?



requirements after the end of exposure to

electromagnetic fields?



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measures to ensure that the doctor and/or

the medical authority responsible for the

health surveillance has access to the results

of the risk assessment

The results of health surveillance shall be

preserved in a suitable form to permit

consultation at later date, taking account

of confidentiality requirements. Individual

workers shall, at their request, have access

to their own personal health records

legislation?







requirements

Consultation of

workers

Art. 7

Framework Directive applies Are there more detailed requirements



requirements

Limit values

Art.3

Exposure limit values are as set out in the

Annex, Table 1.

Action values are as set out in the Annex,

Table 2.


stringent values?


Other issues

identified

Table 1- 13 Directive 2006/25/EC (artificial optical radiation) - Observed discrepancies, more stringent and more detailed requirements



Scope and

definitions

Art 1 and Art 2

It lays down minimum requirements for the

protection of workers from risks to their

health and safety arising or likely to arise

from exposure to artificial optical radiation

during their work.

It refers to the risk to the health and safety

of workers due to adverse effects caused

by exposure to artificial optical radiation to



definition.


requirements

N.

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the eyes and to the skin.

optical radiation: any electromagnetic

radiation in the wavelength range between

100 nm and 1 mm. The spectrum of optical

radiation is divided into ultraviolet radiation,

visible radiation and infrared radiation:

(i) ultraviolet radiation: optical radiation of

wavelength range between 100 nm and 400

nm. The ultraviolet region is divided into UVA

(315-400 nm), UVB (280-315 nm) and UVC

(100-280 nm);

(ii) visible radiation: optical radiation of


nm;

(iii) infrared radiation: optical radiation of


mm. The infrared region is divided into IRA

(780-1 400 nm), IRB (1 400-3 000 nm) and IRC

(3 000 nm-1 mm);

Conducting a

risk assessment

Art.4


measure and/or calculate the levels of

exposure to optical radiation to which

workers are likely to be exposed


suitable form to permit their consultation at

a later stage.

The employer shall give particular attention,

when carrying out the risk assessment, to

the following:

- the level, wavelength range and duration of

exposure;

- the exposure limit values


safety of workers belonging to particularly


identified on conducting a risk assessment.




automatically?

N.




N.



N.



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sensitive risk groups;

- any possible effects resulting from

workplace interactions between optical

radiation and photosensitising chemical

substances;

- any indirect effects e.g. temporary blinding,

explosion or fire;

- the existence of replacement equipment

designed to reduce the levels of exposure

to artificial optical radiation;

- appropriate information obtained from

health surveillance, including published

information, as far as possible;

- multiple sources of exposure;

- a classification applied to a laser as defined

in accordance with the relevant IEC

standard and, in relation to any artificial

source likely to cause damage similar to

that of a laser of class 3B or 4, any similar

classification;

N.





N.


requirements

N.

Ensuring

preventive and

protective

services

Art 4(2)

The assessment, measurement and/or

calculations referred to in paragraph 1 shall

be planned and carried out by competent

services or persons at suitable intervals


identified on ensuring preventive and



requirements

N.

Information for

workers

Art. 6


exposed to risks from artificial optical

radiation at work and/or their

representatives receive necessary

information and training relating to the

outcome of the risk assessment in particular:

- measures taken to implement this Directive;

- the exposure limit values and the associated






N.



N.


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potential risks;

- the results of the assessment, measurement

and/or calculations with an explanation of

their significance and potential risks;

- how to detect adverse health effects of

exposure and how to report them


to health surveillance;

- safe working practices to minimise risks from

exposure;

- proper use of appropriate personal

protective equipment

requirements

N.

Training of

workers

Art. 6


identified on the training of workers.



N.



legislation?

N.


requirements

N.

Health

surveillance

Art. 8

Health surveillance is carried out by a

doctor, an occupational health

professional or a medical authority

responsible for health surveillance

Individual health records are made and

kept up to date.

Health records shall contain a summary of

the results of the health surveillance and be


identified.


surveillance prior to exposure to artificial

optical radiation?

N.



requirements after the end of exposure to

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kept in a suitable form to permit later

consultation, taking into account any

confidentiality.

Copies of the appropriate records shall be

supplied to the competent authority on

request, taking into account any

confidentiality.

Doctor, the occupational health

professional or the medical authority

responsible for the health surveillance, has

access to the results of the risk assessment

where such results may be relevant to the

health surveillance.

Individual workers shall, at their request,

have access to their own personal health

records

When exposure above limit values is

detected, a medical examination shall be

made available to the worker(s)

concerned.

In both cases, when limit values are

exceeded or adverse health effects (incl.

diseases) are identified:

- the worker shall be informed of the result

which relates to him personally and receive

information and advice regarding any

health surveillance which he should

undergo following the end of exposure;

- the employer shall be informed of any

significant findings of the health surveillance,

artificial optical radiation?

N.62



legislation?

N.




N.



Y. It is described in Ordinance № 3 (1987 г.)

on the mandatory preliminary and periodic

medical examinations of workers - every two

years


requirements

N.

62 The employers are obliged to organise health surveillance according to the Law for Health and Safety at Work, 1997 and Ordinance 3 of 28.02.1987 on the mandatory preliminary and periodic

medical examinations of workers.

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taking into account any medical

confidentiality;

- the employer shall:

o review the risk assessment

o review the measures taken to eliminate or

reduce risks

o take into account the health professional

advice in implementing such measures

o arrange continued health surveillance

and provide for a review of the health

status of any other worker who has been

similarly exposed. In such cases, the

competent health professional may

propose that the exposed persons

undergo a medical examination.

Consultation of

workers

Art. 7

Framework Directive applies No observed discrepancies have been

identified.



N.


requirements

N.

Limit values

Art.3

Exposure limit values for non-coherent

radiation, other than that emitted by

natural sources of optical radiation, are set

out in Annex I.

Exposure limit values for laser radiation are

set out in Annex II.


identified on limit values.


stringent values?

N. It is literally transposed in the national

legislation.


requirements

N.

Other issues

identified






requirements.

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Table 1- 14 Directive 2004/37/EC (carcinogens or mutagens) - Observed discrepancies, more stringent and more detailed requirements



Scope and

definitions

Art 3(1) read in

conjunction

with Art 2

This Directive shall apply to activities in

which workers are or are likely to be

exposed to carcinogens or mutagens as a

result of their work

Carcinogens

Substance category 1 or 2 carcinogens

Annex VI to Directive 67/548/EEC

Mutagens:

Substance category 1 or 2 mutagens Annex

VI to Directive 67/548/EEC

Does the national legislation apply the

carcinogen and mutagen classification

according to the CLP Regulation (EC)

1272/2008?

Y. Ordinance № 10 from 26.09.2003 refers to

Ordinance for order and manner of

classification, packing and labelling of

chemical substances (SG, n. 66 from 2004,

entered into force from 01.01.2005) which

literary reflects the classification

Does the transposing legislation also cover

reprotoxic substances (1A and 1B)?

Y.

Classification for both reprotoxic substances

which can harm reproduction function are

reflected in the Ordinance


requirements

N.

Conducting a

risk assessment

Art. 3

nature, degree and duration of workers'

exposure shall be determined in order to

make it possible to assess any risk to the

workers' health or safety and to lay down

the measures to be taken.

The assessment shall be renewed regularly

and in any event when any change occurs

in the conditions which may affect workers'

exposure to carcinogens or mutagens.

The employer shall supply the authorities at

their request with the information used for

making the assessment.

When assessing the risk, account shall be

taken of all other routes of exposure, such

as absorption into and/or through the skin.

No discrepancies have been identified. Does the transposing legislation oblige

employers to supply the authorities with

information automatically and not on

request?

N. According to Article 5, 6 and 9 of

Ordinance 10/2003 the employer is obliged

to inform authorities whenever they request

information



specific manner than in the Directives?

Y. Article 5(1) of Ordinance 10/2003 requires

that, when assessing the risk, the employer

must establish and assess the possible effects

of carcinogens on the health and safety of

workers who need special protection,

including those with impaired health status.


detailed than described in the Directives?

N.


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N. The requirements of Ordinance 5/1999 for

risk assessment apply.




than in the Directives?

N. Requirements of Ordinance 5/1999 for risk

assessment apply


requirements

N.

Ensuring

preventive and

protective

services

N/A N/A N/A

Information for

workers Art.12

Appropriate measure to ensure that:

Workers and/or any workers' representatives

in the undertaking can check that this

Directive is applied or can be involved in its

application in particular for:

o the consequences for workers' safety and

health of the selection, wearing and use of

protective clothing and equipment,

without prejudice to the employer's

responsibility for determining the

effectiveness of protective clothing and

equipment;

o the measures in case of foreseeable

exposure

Workers and/or their representatives are

informed as quickly as possible of abnormal

exposures including foreseeable ones or the


identified.

Does the Directive set additional

information requirements, including on:

o relevant activities and industrial

processes, including reasons why

carcinogens mutagens and

reprotoxins are used;

o quantities of substances and

preparations manufactured or used

that contain CMR

o numbers of workers exposed

o replacement by another product

o negative impacts on fertility

N. The legislation literally reflects the

requirements of the Directive


conditions in relation (e.g. size of the

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cause and of the measures taken or to be

taken to rectify the situation

The employer keeps an up-to-date list of

the workers engaged in the activities in

respect of which the results of the

assessment reveals a risk to workers and

indicating if available their exposure

Doctors and/or competent authorities have

access to this list.

Each worker has access to the information

about him

Workers and/or workers representatives

have access to anonymous collective

information

establishments) to workers information?

N.



N.


requirements

N.

Training of

workers Art.11

Sufficient and appropriate training on the

basis of all available information on:

o Potential risks to health including the

additional risks due to tobacco

consumption

o Precautions to be taken to prevent

exposure


identified.



Y. According to O10 carcinogens and

mutagens, the employer shall provide

information on:

- sanitation requirements for equipment and

personal hygiene;

- wearing and using of personal protective

means and clothes;

- means, used by employees and in specific

by units for urgent prevention and reaction in

case of accident.



legislation?

N.


requirements

Y. (2) Training should:

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- consider new or changes in already existing

dangers;

- be conducted periodically in cases where

needed.

Health

surveillance

Art.14 and

ANNEX II

Health surveillance prior exposure and at

regular intervals thereafter

If a workers suffer from an abnormality

suspected to be the result of exposure the

doctor or relevant authority may require

other workers who have been similarly

exposed to undergo health surveillance. In

that even a reassessment of the risk must be

carried out.

Medical records must be kept and doctors

must propose any protective or preventive

measures to be taken in respect of any

individual worker.

Advice must be given to workers on health

surveillance after the end of exposure

Workers have access to the result of health

surveillance that concern them

Workers/employers may request a review of

the results of the health surveillance


identified.

Does the national legislation set health

surveillance requirements after the end of

exposure?

N. Ordinance 3/1987 for medical surveillance

specifies preliminary examinations and

periodical examinations during the exposure

only. However, Ordinance 10 gives the

possibility to the worker to ask medical

advice after the end of the exposure (art. 25

(2) and to have an access to his medical

records (art. 25 (3).



legislation?

Y. Article 24 of Ordinance 10/2003 ensures

that individual health records and lists under

Article 21 are saved for 40 years after the end

of exposure.

When the entity terminates its activity,

individual health records are given to the

employer and the lists are submitted to the

National Insurance Institute.




N.



Y.

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According to Ordinance № 3 of not less than

once per year


requirements

NIR63: “The following measures for ensuring

medical control of workers exposed to

carcinogens and mutagens are envisaged in

other legislative acts:

- The List of Occupational Diseases stipulates

longer grace periods for recognition of the

occupational nature of cancer caused by

exposure to carcinogens and mutagens at

work once that exposure has ended. For

example, for cadmium and its compounds

the period in case of lung cancer is up to 40

years;

- A Regulation on Mandatory Preliminary and

Regular Examinations of Factory and Office

Workers sets out the scope, regularity and

type of examinations for workers exposed to

specific risks, including carcinogens and

mutagens, which the employers organise at

their own cost. There is a requirement for

persons involved in production and

professions where occupational diseases

may occur or develop later (including due to

exposure to carcinogenic substances) to

undergo regular medical examinations at a

facility covering the workplace or the place

of residence at least once per year once

work with these substances has ceased.”


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Consultation of

workers Art.13


identified.

Are there more detailed requirements than

in the Framework Directive?

N.


requirements

N.

Limit values

Art 16 and

Annex III

Limit values on Benzene, Vinyl chloride

monomer, hardwood dusts


identified.


stringent limit values?

Y. For Vinyl Chloride there are more stringent

measures.

Does the legislation set binding limit values

on other carcinogens and mutagens (e.g.

refractory ceramic fibres and its

compound)?

N.


requirements

N. Limit values for occupational exposure, as

they are laid down in Annex III to the

Directive 2004/37/EC (carcinogens or

mutagens), are included in the Annex I to the

Ordinance № 13 of 2003 for the protection of

workers from risks related to chemical agents

at work (O13 chemical agents).

Other issues

identified






requirements

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Table 1- 15 Council Directive 98/24/EC (chemical agents at work) - Observed discrepancies, more stringent and more detailed requirements



Scope and

definitions

Art. 1 and 2

The requirements of this Directive apply

where hazardous chemical agents are

present or may be present at the

workplace, without prejudice to the

provisions for chemical agents to which

measures for radiation protection apply

pursuant to Directives adopted under the

Treaty establishing the European Atomic

Energy Community.

Chemical agent is defined as any chemical

element or compound, on its own or

admixed, as it occurs in the natural state or

as produced, used or released, including

release as waste, by any work activity,

whether or not produced intentionally and

whether or not placed on the market.

Hazardous chemical agent is defined as

o any chemical agent which meets the

criteria for classification as a dangerous

substance according to the criteria in

Annex VI to Directive 67/548/EEC, whether

or not that substance is classified under

that Directive, other than those substances

which only meet the criteria for

classification as dangerous for the

environment;

o any chemical agent which meets the

criteria for classification as a dangerous

preparation within the meaning of

Directive 88/379/EEC, whether or not that

preparation is classified under that

Directive, other than those preparations

which only meet the criteria for

classification as dangerous for the

environment;


identified.

Is the scope broader than the directive’s

for:

- Chemical agent?

N. It literally reflects the requirements of the

Directive

- Hazardous chemical agent?

The term for “hazardous chemicals” is as per

the Law for chemicals (§1, item 6), where the

hazardous properties are specified as

explosive, flammable, toxic, dangerous,

corrosive, sensitizing, carcinogenic, irritating,

mutagens, dangerous for environment, etc.

household chemicals can be classified as

hazardous.


requirements

N.

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o any chemical agent which, whilst not

meeting the criteria for classification as

dangerous in accordance with (i) and (ii),

may, because of its physico-chemical,

chemical or toxicological properties and

the way it is used or is present in the

workplace, present a risk to the safety and

health of workers, including any chemical

agent assigned an occupational exposure

limit value under Article 3 of the Directive.

Conducting a

risk assessment

Art. 4(1), (2)

and (4)

The Directive requires a risk assessment to

be carried out by employers which must

determine whether any hazardous

chemical agents are present at the

workplace. If so they should assess them

taking into account, inter alia, their

hazardous properties; level, type and

duration of exposure; the circumstances of

work involving such agents; occupational

exposure limit values or biological limit

values; effect of preventive measures taken

or to be taken; conclusions to be drawn

from any health surveillance.

In case of activities involving exposure to

several agents, the risk must be assessed

taking into account all chemical agents in

combination.

The risk assessment must be documented.

The employer must be in possession of the

risk assessment.


identified.



national authorities whether on request

or automatically?

N. The employers are only required to keep

records.




N. The O13 chemical agents literally reflects

the text of the Directive

Is the content of the risk assessment

more detailed than described in the

Directive?

Y. There is a detailed procedure (in relation to

Art. 4(4) of the Directive) for evaluating the

impact of several hazardous chemical

agents which act simultaneously. (Article 6(1)

of O13)



N. The O13 chemical agents repeats the

main items of the Directive, and refers to O 5

- risk assessment.

Are the sources of information and

persons in charge of the risk assessment

described in the legislation in a more

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Y. The O 5 on risk assessments gives more

details:

Art. 4(2) stipulates who, in addition to

employer’s representatives, shall participate

in the risk assessment: services on health at

work, authorities responsible for OSH,

specialists, incl. external if required.

Art 5 (2) obliges the employer to discuss the

risk assessment issues (results, measures, etc.)

within the Groups/Committees on OSH in the

enterprise.

Art 6. Describes the procedure of risk

assessment when the work place and

premises are used by more than one

enterprise.


requirements

N.

Ensuring

preventive and

protective

services

N/A N/A N/A

Information for

workers Art.8

The employer must ensure that workers are

provided with:

o Data obtained from the risk assessments

o Information on the hazardous chemical

agents occurring in the workplace (e.g.

relevant occupational exposure limit

values)

o Training and information on appropriate

precautions and actions to be taken

o Safety data sheet


identified.

Does the transposing legislation set any

additional information requirements?

N. The text of the Ordinance literally reflects












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requirements

Ordinance № RD-07-2 of 16.12.2009 on the

terms and procedure for conducting

periodic training and instruction to

employees on the rules to ensure safe and

healthy working conditions there are the

following discrepancies: Art. 15 (1) requires

from the employers to perform everyday

instructions to workers, involved in processes

with high risk exposure, incl. work with

hazardous chemicals

Training of

workers Art.8

The employer must ensure that workers are

provided with:

o Training and information on appropriate

precautions and actions to be taken


identified.



Y. Article 13 of O13 chemical agents requires

the employer to provide to workers or their

representatives with:

1. Information on the risk assessment, as well

as additional data on essential changes at

work leading to a change in the risk

assessment;

2. data on hazardous chemical agents at

work, risks for occupational health and safety,

limit values and other legislative requirements;

3. Training and information on preventive

measures and actions which should be taken

for self-care, as well as protection of other

employees;

4. Access to information lists on safety of

usage of chemical agents;

5. Accuracy and updating of information that

can be provided in different forms depending

on the nature and degree of the risk - from

oral communication to individual training,

supported by written information.



legislation?

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N.


requirements

N.

Health

surveillance

Art.10

The employer shall provide health

surveillance of workers for whom the results

of the assessment of the hazardous

chemical agents reveal a risk to health.

Individual health and exposure records shall

be made and kept up-to-date and contain

a summary of the results of health

surveillance and of any monitoring data

representative of the exposure of the

individual.

Copies must be supplied on request to the

authorities


identified.

Does the transposing legislation require

health surveillance to be provided for

other workers than those for which the

assessment of the hazardous chemical

agents revealed a risk to health?

N. Apart from the regular health checks

every year for people under 18, every 5

years for people aged 18-40 or every 3 years

for people aged over 40.

Does the transposing legislation oblige

employers to supply the authorities with

information automatically and not on

request?

N. Copies from the health records from the

surveillance are submitted upon NCPHA via

the Services for work medicine and RIPCPH.



legislation?

Y. A detailed procedure on how to record,





medicine at work.


surveillance is required more

specifically described in the legislation?

N. The transposing legislation reflects literary

the Ordinance.



Y. According to O 3/1987. on medical

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checks, Art. 17(2), the periodicity is

determined by HEI according to the level of

the potential risk at concrete work places:

for level one - every 3 years, for level two –

every 2 years, for level three – every year,

for level fourth (highest) – every 6 months.

Those levels are determined in the

Ordinance for complex assessment on work

conditions (1991). HEI might require more

frequent surveillance than mentioned

above in case there are indications for

increased severity of the working

conditions.


requirements

N.

Consultation of

workers Art.11


identified.



N.


requirements

N.

Limit values

Art 3 and 6(4)

and (5)

Exposure limit values and biological limit

values


identified.



N. NIR: “Apart from the harmonised limit

values, Bulgaria has effective national norms

for chemical values for which the European

Community has not set indicative value

limits.”64

The limit values are binding – they shall not be

exceeded when workers are exposed to

those chemical and biological agents.


requirements


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N.

Other issues

identified






requirements.

Table 1- 16 Directive 2009/148/EC (asbestos) - Observed discrepancies, more stringent and more detailed requirements



Scope and

definitions

Art.1 and 2

The Directive covers health and safety risks

arising or likely to arise from exposure to

asbestos at work where asbestos is defined as

any one of six fibrous silicates:

- asbestos actinolite, CAS No 77536-66-4 ( 1 );

- asbestos grunerite (amosite), CAS No 12172-

73-5 ( 1 );

- asbestos anthophyllite, CAS No 77536-67-5 (

1 )

- chrysotile, CAS No 12001-29-5 ( 1 );

- crocidolite, CAS No 12001-28-4 ( 1 );

- asbestos tremolite, CAS No 77536-68-6 ( 1 ).


identified.


requirements

N. O9 asbestos at work literally transposes the

Directive.

Conducting a

risk assessment

Art.3(2)

In the case of activity likely to involve a risk

of exposure to dust arising from asbestos or

materials containing asbestos, this risk must

be assessed to determine the nature and

degree of the workers’ exposure.


identified.




N.



N.



N.





Y. The RIPCPH in the region of the potential

exposure to asbestos should be informed

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about the planned activities.65


requirements

N.

Ensuring

preventive and

protective

services

Art.7(4)

Sampling shall be carried out by suitably

qualified personnel. The samples taken shall

be subsequently analysed, in laboratories

equipped for fibre counting.


identified.


requirements

Y.66 It is specified in national legislation that

the RIPCPH should be informed about the

activities at a specific workplace and

observe the workers at risk of exposure to

asbestos.

It should be noted that Art.20 (7) and § 3.

(1) of O 9 – asbestos require from the MZ

and MTSPMTSP to elaborate, by 31 Dec

2006, Guidelines on methods to be applied

in determination of asbestos fibres

concentration in the air. Such Guidelines

have not been identified. This, however,

does not constitute a problem as the

Directive does not require Member States

to provide guidance in the determination

of asbestor fibre concentrations in the air.

Other methods are temporarily applied, i.e.

Bulgarian State Standards BSS 5483:87 and

BSS 16909:89 (older than the O 9 from

2006).

A more general document, issued by the

NCPHA, called Guidelines on application

of legislation, related to the exposure to

asbestos at work67 might be considered as

partially fulfilling the prescriptions of O 9-

65 Ordinance 9/04.08.2006 on protection of workers from risks related to exposure to asbestos at work. Art. 9 (1) (2) 66 Art. 14 (4) (5) in Ordinance 9/04.08.2006 on protection of workers from risks related to exposure to asbestos at work. 67 Guidelines on application of legislation, related to the exposure to asbestos at work, part II and part III, http://ncphp.government.bg/files/azbest2.pdf

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asbestos.

Only 3 laboratories (2 in Varna region, one in

Sofia) have accreditation for asbestos-

related testing, based on BSS. NCPHA has

recently (31 March) applied for

accreditation, too.

Information for

workers

Art.4(4) Art.17

Art.4(4): Workers must have access to the

documents used in the documentation

system

Art.17: Workers must receive adequate

information on:

- potential risks to health from exposure to

dust arising from asbestos or materials

containing asbestos;

- existence of statutory limit values and the

need for the atmosphere to be monitored;

- hygiene requirements, including the need to

refrain from smoking;

- precautions to be taken as regards the

wearing and use of protective equipment

and clothing;

- special precautions designed to minimise

exposure to asbestos.

Workers must have access to the results of

asbestos-in-air concentration

measurements and can be given

explanations of the significance of those

results. if the results exceed the limit value,

the workers concerned are informed as

quickly as possible of the fact and the

reasons for it and the workers are consulted

on the measures to be taken or, in an

emergency, are informed of the measures

which have been taken.


identified.

Does the transposing legislation set any

additional information requirements?

N.




N.



N.


requirements

N.

Training of

workers Art.14

Appropriate training must be given for all

workers who are, or are likely to be,


identified.



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exposed to dust from asbestos or materials

containing asbestos. Such training must be

provided at regular intervals and at no cost

to the workers.

The content of the training must be easily

understandable for workers. It must enable

them to acquire the necessary knowledge

and skills in terms of prevention and safety,

particularly as regards:

- properties of asbestos and its effects on

health;

- types of products or materials likely to

contain asbestos;

- operations that could result in asbestos

exposure and the importance of preventive

controls to minimise exposure;

- safe work practices, controls and protective

equipment;

- appropriate role, choice, selection,

limitations and proper use of respiratory

equipment;

- emergency procedures;

- decontamination procedures;

- waste disposal;

- medical surveillance requirements

N. The Ordinance literally transposes the

Directive.



legislation?

N.

Are there more detailed requirements on

the content of training than in the

Directive?

N. The Ordinance literally transposes the

Directive.

Are there more detailed requirements on

the regularity of training than in the

Directive?

Y. Before the first working day of the worker

and then every 3 years.68 The training lasts

not less than 8 hours.69


requirements

Y. Art. 18 (5) of the Ordinance (9/4.08.2006

related to exposure to asbestos) requires

that, after the end of the training, the workers

should receive a certificate. In Annex II of the

same Ordinance the template of the

certificate is published.

Health

surveillance

Art.18 and

ANNEX I

Assessment of each worker’s health must

be available prior to the beginning of

exposure to dust arising from asbestos or

materials containing asbestos at the place

of work. It must include a specific

examination of the chest.

A new assessment must be available at

least once every 3 years for as long as


identified.

Do these health surveillance requirements

also apply if worker exposure is sporadic

and of low intensity, and is clear from the

results of the risk assessment that the

exposure limit for asbestos will not be

exceeded?

N. National legislation literally transposes the

Directive.

68 Art. 18 (2) in Ordinance 9/04.08.2006 on protection of workers from risks related to exposure to asbestos at work. 69 Art. 18 (4) in the same ordinance.

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exposure continues.

Individual health record to be established

for each worker

The doctor or responsible authority shall

advise on individual protective/preventive

measures to be taken or determine such

measures, including where appropriate the

withdrawal of the worker from all exposure

to asbestos.

Information and advice must be given to

workers on any assessment of their health

which they may undergo following the end

of exposure.

The doctor may indicate that medical

surveillance must continue after the end of

exposure for as long as he/she considers it

necessary to safeguard the health

The worker concerned or the employer

may request a review of the assessments

These measures do not apply if worker

exposure is sporadic and of low intensity,

and is clear from the results of the risk

assessment that the exposure limit for

asbestos will not be exceeded (See Article

3(3)

Does the national legislation oblige worker

to continue medical surveillance after

exposure to asbestos?

N. However, it is worth noting that national

legislation requires the RIPCPH to advise the

workers and give them information about the

observation that is needed after the end of

the exposure.70



legislation?

Y. Various pieces of legislation specify

arrangements for health records: O3 on

medical checks, O3 on Services of Work

medicine and each ordinance on the

specific risks, including on asbestos exposure.




Y. A detailed procedure how to organise,





medicine at work.



Y. At least once every 3 years for people

exposed to risks and at least 5 years for other

employees.71


requirements

N.

70 Art. 14 (7) in Ordinance 9/04.08.2006 on protection of workers from risks related to exposure to asbestos at work 71 Art. 14 (1) 2 in the same ordinance.

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Consultation of

workers Art.3(5)

and 7(3) and 12

Art.3(5): risk assessment is subject to worker

consultation

Art.7(3): sampling is carried out after worker

consultation

Art.12: workers must be consulted on

measures to be taken in case of activities

such as demolition, asbestos removal work,

repairing and maintenance where it is

foreseeable that the limit values will be

exceeded, before the activities start.


identified.

Does the national legislation set additional

worker consultation requirements?

N.

Are more specific criteria put in place?

N.


requirements

N.

Limit values

Art.8

Employers shall ensure that no worker is

exposed to an airborne concentration of

asbestos in excess of 0,1 fibres per cm3 as

an 8-hour time-weighted average (TWA).


identified.



N.


requirements

N.

Other issues

identified






requirements

Table 1- 17 Directive 2000/54/EC (biological agents) - Observed discrepancies, more stringent and more detailed requirements



Scope and

definitions

Art. 1 and 2

The Directive covers risks, arising or likely to

arise from exposure to biological agents at

work.

‘biological agents’: micro-organisms,

including those which have been

genetically modified, cell cultures and

human endoparasites, which may be able

to provoke any infection, allergy or toxicity;


identified.

Is the scope of the national legislation

broader than the Directive?

N. It reflects the text of the Directive.


requirements

Y. Ordinance 4/2002 on the protection of

workers from risks related to exposure to

biological agents at work details four risk

groups of biological agents depending on

the level of risk to infection.

Conducting a

risk assessment

Art. 3, 7(1)

The nature, degree and duration of workers'

exposure must be determined.

In the case of activities involving exposure


found.



national authorities automatically?

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to several groups of biological agents, the

risk shall be assessed on the basis of the

danger presented by all hazardous agents

present.

The assessment must be renewed regularly

and in any event when any change occurs

in the conditions which may affect workers'

exposure

The employer must supply the CAs, at their

request, with the information used for

making the assessment.

The assessment is conducted on the basis

of all available information:

- classification of biological agents which are

or may be a hazard to human health

- recommendations from a CA which

indicate that the biological agent should be

controlled to protect workers' health when

workers are or may be exposed to such a

biological agent as a result of their work

- information on diseases which may be

contracted as a result of the work of the

workers

- potential allergenic or toxigenic effects as a

result of the work of the workers;

- knowledge of a disease from which a

worker is found to be suffering and which

has a direct connection with his work

Where the assessment reveals risk to

workers' health or safety, employers shall,

when requested, make available to the CA

appropriate information on:

- the results of the assessment;

- the activities in which workers have been

exposed or may have been exposed;

- the number of workers exposed;

- the name and capabilities of the person

N. Art. 4, (6) Whenever asked to, the

employer is obligated to submit risk

assessment to the authorities




developed?

N.




N. The assessment reflects the text of the

Directive



N.



N. Art 5 of the Ordinance literally reflects the

text of the Directive





N.


requirements

N.

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responsible for OSH,

- the protective and preventive measures

taken;

- an emergency plan for the protection of

workers from exposure to a group 3 or 4

biological agent which might result from a

loss of physical containment.

Ensuring

preventive and

protective

services

N/A N/A N/A

Information for

workers Art.10

Employers shall provide written instructions

and, if appropriate, display notices which

shall, include the procedure to follow in the

case of:

- a serious accident or incident involving the

handling of a biological agent;

- handling a group 4 biological agent.

Employers shall inform the workers of any

accident/incident which may have resulted

in the release of a biological agent and

could cause severe human infection

and/or illness.

Employers shall inform the workers as quickly

as possible when a serious accident or

incident occurs, of its causes and the

remedial measures taken or to be taken.

Each worker shall have access to the

information on the list of exposed workers

which relates to him personally.

Workers or their representatives shall have

access to anonymous collective

information.

Employers shall provide workers and/or their

representatives, at their request, with the

information for CAs (see Article 7)


identified.

Does the information to be provided to

the CAs need to be available to the

workers independently of their request?

N.




N.



Y. Article 13(1) of the Ordinance on

biological agents requires the employer to

prepare a list of workers, exposed to

biological agents from group 3 and/or group

4, in which the type of the work assigned is

specified and, whenever possible, the

specific agent to which they have been

exposed, as well as data on exposure,

incidents, etc. This information is made

available to the workers. (Ordinance 4/2002)


requirements

N.

Training of Workers receive training concerning: No observed discrepancies have been Is more specific information on the scope

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workers Art.9 - potential risks to health;

- precautions to be taken to prevent

exposure;

- hygiene requirements;

- wearing and use of protective equipment

and clothing;

- steps to be taken in case of incidents and to

prevent them.

Training shall be:

- given at the beginning of work involving

contact with biological agents,

- adapted to new or changed risks, and

repeated periodically if necessary

identified. of training provided in the legislation?

N. O4 biological agents literally transposes the

text of the Directive



legislation?

N. Ordinance O4 biological agents literally

transposes the text of the Directive


requirements

N.

Health

surveillance

Art.14 and

ANNEX IV

Each worker can undergo, if appropriate,

relevant health surveillance prior to

exposure and at regular intervals

When necessary, effective vaccines should

be made available for workers who are not

already immune to the biological agent to

which they are exposed.

A worker is found to be suffering from an

infection and/or illness which is suspected

to result from exposure, the doctor or

responsible authority shall offer such

surveillance to other workers similarly

exposed. In that event, a reassessment of

the risk of exposure shall be carried out

In cases where health surveillance is carried

out, an individual medical record shall be

kept for at least 10 years following the end

of exposure.

In the special cases of infection [referred to

in Article 11(2) second subparagraph], an

individual medical record shall be kept for

an appropriately longer time up to 40 years

following the last known exposure.

The doctor or responsible authority shall


identified.

Does the national legislation set more

stringent requirements on health

surveillance (e.g. individual medical

records must be kept more than 10 years)?

Y. Article 19(1) requires, in cases of medical

surveillance, that a health record is archived

at least 10 years after the end of exposure.




N.



Y. According to Section III, Art. 16 Medical

surveillance is provided:

1. Before exposure;

2. Once per year.


requirements

N.

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propose protective or preventive measures

in respect of any individual worker.

Information and advice must be given to

workers on health surveillance they may

undergo after the end of exposure.

Workers shall have access to the results of

the health surveillance which concern

them, and they or the employer may

request a review of these results.

All cases of diseases or death identified

from occupational exposure to biological

agents shall be notified to the CA

Consultation of

workers Art.12


identified.

Are there more detailed requirements than in

the Framework Directive?

N.

Limit values

N/A N/A N/A

Other issues

identified






requirements.

Table 1- 18 Council Directive 92/57/EEC (temporary or mobile construction sites) – Observed discrepancies, more stringent and more detailed requirements



Scope and

definitions

Art. 1, 2 and

10(1) and (2)

The Directive applies to the health and safety

of workers at temporary or mobile

construction sites, i.e. any construction site at

which building or civil engineering works are

carried out (a non-exhaustive list of works is

provided in Annex I). It does not apply to

drilling and extractive industries*.



The provision of the Directive is so broad that

additional requirements included in the

national law are not considered to lead to a

more stringent transposition but just as

specification of the requirements of the

Directive.

Drilling and extractive industries are

regulated by specific legislation.

Conducting a

risk assessment

N/A N/A N/A

Ensuring

preventive and

N/A N/A N/A

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protective

services

Information for

workers

Art.11


Workers and/or their representatives must

be informed of all the measures to be taken

concerning their safety and health on the

construction site.

The information must be comprehensible to

the workers concerned.


identified on information of workers.




N.



Y. Article 11(4) of Ordinance 2 on the

minimum health and safety conditions in the

course of construction works also makes the

coordinator responsible for ensuring the

exchange of information and coordination of

workers and their activities.


requirements

N.

Training of

workers

N/A N/A N/A

Health

surveillance

N/A N/A N/A

Consultation of

workers

Art. 12


The consultation of workers must be

coordinated, whenever necessary,

between workers and/or workers'

representatives carrying out their activities

at the workplace, having regard to the

degree of risk and the size of the work site.



Are specific criteria put in place for

coordination of workers consultation e.g.

based on the size of the work site?

N.


requirements

N.


Other issues

identified




NIR: “The national legislation introduces a

definition of ‘work at height’ — meaning a

height of over 1.5 m measured from the floor

or the terrain. This specific norm has been

confirmed in the practical provision of safety

in the country prior to the transposition of the

Directive. It also corresponds to other norms

in national legislation, such as ‘the servicing,

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inspection and repair of tanks, facilities,

reinforcement, control and measuring

devices, etc. in liquid fuel stores, located at a

height of over 1.5 m from the floor’ in power

and thermo-electric power plants and along

power transmission networks and

hydrotechnical facilities.”72 * The Council Decision 74/326/EEC, to which the Directive refers for a definition of "drilling and extracting industries" has been repealed by the Council Decision setting up an Advisory

Committee on Safety and Health at Work.

Table 1- 19 Council Directive 92/104/EEC (surface and underground mineral-extracting industries) - Observed discrepancies, more stringent and more detailed requirements



Scope and

definitions

Art. 1 and 2

The Directive applies to surface and

underground mineral-extracting industries

(excluding extraction by drilling which is

subject to a separate directive).


identified

Conducting a

risk assessment

Art. 3.2

The employer shall ensure that a document

concerning safety and health and covering

the relevant requirements on risk assessment

of the Framework Directive is drawn up and

kept up to date. The safety and health

document shall demonstrate in particular

that the risks to which workers at the

workplace are exposed have been

determined and assessed.


identified related to conducting risk

assessment.




automatically?

N.




N.



N.



N.



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N.

Does the national legislation include more

specific information on the content of the

‘health and safety document’ as provided

for by the Directive for the part related to

the risk assessment?

N.


requirements

N.

Ensuring

internal and/or

external

preventive and

protective

services

N/A N/A N/A

Information for

workers

Art. 7




concerning safety and health at

workplaces, and in particular of those

relating to the implementation of Articles 3

(general obligations), 4 (protection from

fire, explosions and health-endangering

atmospheres), 5 (Escape and rescue

facilities) and 6 (communication, warning

and alarm systems).




identified related.




N.



N.


requirements

N.

Training of

workers

Art. 10 (Annex,

Part 1.5 and 1.6)

Workers must be given the necessary

information, instructions, training and re-

training to ensure their health and safety.

The employer must ensure that workers

receive comprehensible instructions so as


identified related.



N.



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not to endanger their safety and health or

those of other workers.

legislation?

N.


requirements

N.

Health

surveillance

Art. 8

To ensure that workers receive health

surveillance appropriate to the health and

safety risks they incur at work, measures

shall be introduced in accordance with

national law and/or practices.

The measures shall be such that each

worker shall be entitled to, or shall undergo,

health surveillance before being assigned

to duties related to the activities covered

by the Directive and subsequently at

regular intervals.


part of a national health system.


identified related.


health surveillance if workers experience

health problems that can be attributed to

the performance of the activities covered

by the Directive?

Y.



legislation?

N.




N.



Y. According to Article 11(2), the doctor who

provides services to the company and who

will conduct medical surveillance, in

consultation with the employer until the end

of the preceding year, shall draw up an

annual plan for conducting inspections in

production collectives including those

contingents, subject, the date, time and

place of inspection. The periodicity is thus not

provided in the transposing legislation, but

shall be predetermined in the annual plan.


requirements

N.

Consultation of

workers


identified.



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Art. 9 N.


requirements

N.


Other issues

identified






requirements.

Table 1- 20 Council Directive 92/91/EEC (mineral-extracting industries through drilling) - Observed discrepancies, more stringent and more detailed requirements



Scope and

definitions

Art. 1 and 2

The Directive applies to the safety and

health protection of workers in mineral

extracting industries; i.e. industries practising

extraction of minerals through drilling by

boreholes, prospection with a view to such

extraction and/or preparation of extracted

materials for sale, excluding activities of

processing the materials extracted.


identified related.

N.

Conducting a

risk assessment

Art.3(2)

A ‘safety and health document’, covering

the relevant requirements of the Framework

Directive is drawn up and kept up to date.

It shall demonstrate in particular that the

risks incurred by the workers at the work

place have been determined and

assessed.


identified related.




automatically?

N.




N.


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N.



N.





N. It refers to O5 Risk Assessment

Does the national legislation include more

specific information on the content of the

‘health and safety document’ as provided

for by the Directive for the part related to

the risk assessment?

N.


requirements

N.

Ensuring

preventive and

protective

services

N/A N/A N/A

Information for

workers

Art. 7




concerning safety and health at

workplaces, and in particular those relating

to the implementation of Articles 3 (general

obligations), 4 (protection from fire,

explosions and health-endangering

atmospheres), 5 (Escape and rescue

facilities) and 6 (communication, warning

and alarm systems).




identified related.




N.



N.


requirements

N.

Training of Workers must be given the necessary No observed discrepancy has been Is more specific information on the scope

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workers

Art. 10 (Annex

Part A 2.5))

information, instructions, training and

retraining to ensure their health and safety.

The employer must ensure that workers

receive comprehensible instructions so as

not to endanger their safety and health or

those of other workers.

identified related. of training provided in the legislation?

N.



legislation?

N.


requirements

N.

Health

surveillance

Art. 8

To ensure that workers receive health

surveillance appropriate to the health and

safety risks they incur at work, measures

shall be introduced in accordance with

national law and/or practices.

The measures shall be such that each

worker shall be entitled to, or shall undergo,

health surveillance before being assigned

to duties related to the activities covered

by the Directive and subsequently at

regular intervals.


part of a national health system


identified related


health surveillance if workers experience

health problems that can be attributed to

the performance of the activities covered

by the Directive?

Y. O9 drilling, Art. 11. (1) The employer shall

provide, in accordance with regulatory

requirements prior medical examination and

regular monitoring of the health of workers,

corresponding to the resulting work risks to

their safety and health.

(2) The employer shall provide an opportunity

for health check at the request of the worker

outside the intended frequency of para. 1.



legislation?

N.




N.



Y. It refers to O3 periodic medical

examination: 1. Under 18 years – every year ;

2. 18 to 40 years – once in five years; 3. Older

than 40 years – once in 3 years.

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requirements

Y. Regulation 3 for Mandatory Periodic

Medical Examinations

Consultation of

workers

Art. 9


identified related.



N.


requirements

N.


Other issues

identified






requirements

Table 1- 21 Council Directive 92/29/EEC (medical treatment on board vessels) - Observed discrepancies, more stringent and more detailed requirements



Scope and

definitions

Art. 1 and

2(a) and(b),

Art 2(3) and

(4)

The Directive applies to workers on board a

vessel, i.e. any vessel flying the flag of a MS

or registered under the plenary jurisdiction

of a MS, seagoing or estuary-fishing,

publicly or privately owned, excluding

inland navigation vessels, warships, pleasure

boats used for non-commercial purposes

and not manned by professional crews and

tugs operating in harbour areas.

It applies to workers, excluding port pilots

and shore personnel carrying out work on

board a vessel at the quayside.

Vessels of more than 500 gross registered

tonnes with a crew of 15 or more workers

and engaged in voyage of more than



Does the national legislation require a sick

bay for vessels board under conditions

that go beyond the conditions set by the

directive?

N.


having a doctor responsible for medical

care on board under conditions that go

beyond the conditions set by the

directive?

Y. Article 7(1) of O9 board vessels requires a

doctor on board for a crew of 75 or more

workers. Moreover, the doctor shall have

successfully completed a course for basic

sea training approved by the Executive

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three days are required to have a sick bay.

Vessels with a crew of 100 or more workers

and engaged in international voyage of

more than 3 days are required to have a

doctor responsible for medical care on

board.

Agency “Maritime Administration”


requirements

N.

Conducting

a risk

assessment

N/A N/A N/A

Ensuring

preventive

and

protective

services

N/A N/A N/A

Information

for workers

Art. 5

Each Member State shall take the measures

necessary to ensure that:

1. medical supplies are accompanied by

one or more guides to their use, including

instructions for use of at least the antidotes

required in Annex II section III;

2. all persons receiving professional maritime

training and intending to work on board ship

have been given basic training in the

medical and emergency measures to be

taken immediately in the event of an

accident or serious medical emergency;

3. the captain and any worker or workers to

whom he delegates the use of the medical

supplies pursuant to Article 4 (1) (b) have

received special training updated

periodically, at least every five years, taking

into account the specific risks and needs

connected with the different categories of

vessel and in accordance with the general

Observed discrepancy: There is no

transposition of Annex V in the O5 board

vessels.


information requirements?

N.




N



N.


requirements

N.

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guidelines set out in Annex V’73

Training of

workers

Art. 5

Same as above. No observed discrepancies have been

identified.


of training provided in the legislation

(general training for person likely to

command a vessel?

N.



legislation?

N.


requirements

N.

Health

surveillance

N/A N/A N/A

Consultation

of workers

N/A N/A N/A


Other issues

identified






requirements

Table 1- 22 Council Directive 93/103/EC (work on board fishing vessels) - Observed discrepancies, more stringent and more detailed requirements



Scope and The Directive applies to any new or existing

fishing vessels with a length between

Ordinance 21 on fishing vessels only applies

to vessels with a length of 24 metres and

Does the national legislation apply the

requirement of the Directive to other

73 The content of Annex V from the Directive has not been found in national legislation.

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definitions

Art. 1 and 2(b)

and(c)

perpendiculars of 15 meters or over (which

on or after 23 November 1995 furthermore

satisfied the conditions specified therein) or

with a length of 18 metres or over

respectively.

more. This creates an observed discrepancy

with the Directive of which the requirements

shall apply to vessels of more than 18 metres.

fishing vessels than the ones covered by

the Directive?

N.


requirements

N.

Conducting a

risk assessment

N/A N/A N/A

Ensuring

preventive and

protective

services

N/A N/A N/A

Information for

workers

Art.8

The framework Directive applies.




identified.


information requirements?

Y. National legislation covers a wider range

of information required to be provided to

workers.




Y. For vessels of less than 45 metres, the

information requirements can be less strict,

but shall always cover appropriate safety

information.



Y. Art. 21(1) and (2) of the Ordinance on

ship’s crew sets out the information

requirements for workers on board vessels.

Moreover, Article 45 of the Ordinance on the

safety of fishing vessels refers to the

information provided to the captain of the

vessels. Article 154(4) of the Ordinance on

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the safety of fishing vessels specifies the

content of the information in the alarm plan.

Article 15(9) of the Ordinance on the safety

of fishing vessels requires guidelines with

instructions and information about the rescue

equipment.


requirements

Y. There are specific requirement on radio

information in Section II of the Ordinance.

Training of

workers

Art.9 Art.10

Art.9

Workers shall be given suitable training, in

particular in the form of precise,

comprehensible instructions, on safety and

health on board vessels and on accident

prevention

The training shall cover in particular fire

fighting, the use of life-saving and survival

equipment and, for the workers

concerned, the use of fishing gear and

hauling equipment and the use of various

types of signs including hand signals

Such training shall be subject to the

necessary updating where this is required

by changes in the activities on board

Art.10

Any person likely to command a vessel

shall be given detailed training on:

- the prevention of occupational illness and

accidents on board and the steps to be

taken in event of accident;

- stability and maintenance of the vessel

under all foreseeable conditions of loading


identified.


of training provided in the legislation

(general training for person likely to

command a vessel?

N.



legislation?

Y. the requirements refer to O4 of on the

training of representatives in committees and

groups working conditions in enterprises.


requirements

N.

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and during fishing operations;

- radio navigation and communication,

including procedures.

Health

surveillance

N/A N/A N/A

Consultation of

workers

Art.11

The framework Directive applies No observed discrepancies have been

identified.



N.


requirements

N.


Other issues

identified






requirements.

Table 1- 23 Council Directive 92/85/EEC (pregnant/breastfeeding workers) - Observed discrepancies, more stringent and more detailed requirements



Scope and

definitions

Art. 1 and 2

The Directive applies to pregnant workers

and workers who have recently given birth or

who are breastfeeding.

pregnant worker shall mean a pregnant

worker who informs her employer of her

condition, in accordance with national


identified.

No definition of “pregnant worker”, “worker

who has recently given birth” and “worker


requirements

Y. National legislation adds to pregnant and

breastfeeding workers also workers under

advanced in vitro treatment procedures. The

legislation includes a definition of women

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legislation and/or national practice;

worker who has recently given birth shall

mean a worker who has recently given birth

within the meaning of national legislation

and/ or national practice and who informs

her employer of her condition, in

accordance with that legislation and/or

practice;

worker who is breastfeeding shall mean a

worker who is breastfeeding within the

meaning of national legislation and/or

national practice and who informs her

employer of her condition, in accordance

with that legislation and/or practice.

who is breastfeeding” was found in national

legislation.74 Nevertheless, within the meaning

of the Bulgarian legislation, the provisions

relating to the protection of pregnant

workers, workers who have recently given

birth, and workers who have breastfeeding

are complied with through art. 163, 303, 313a,

352 of the Labour Code.

under the advanced in vitro treatment

procedures.75

Conducting a

risk assessment

Art. 4

For all activities liable to involve a specific risk

of exposure to the agents, processes or

working conditions of which a non-exhaustive

list is given in Annex I, the employer shall

assess the nature, degree and duration of

exposure, in the undertaking and/or

establishment concerned in order to:

- assess any risks to the safety or health and

any possible effect on the pregnancy or

breastfeeding of workers

- decide what measures should be taken


identified on conducting of risk assessment.

Does the national legislation go beyond

the Directive by prohibiting exposure of

agent listed in Annex I without carrying out

a risk assessment?

N.




automatically?

N. Are the risks to be taken into account in

the assessment described in a more specific

manner than in the Directive?

N.


74 With the forthcoming change (by June 1, 2015) of the Ordinance № 7 of 06.16.1993 on hazardous work prohibited for carrying by women, in connection with the transposition of Directive

2014/27/EC in BG legislation will be fully implemented also the definitions of ‘pregnant worker’, ‘worker who has recently given birth’ and ‘worker who is breastfeeding’ of Directive

92/85/EEC. 75 Additional provisions, p. 16 in the Law on Protection against Discrimination.

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N.



N.





N.


requirements

Y. The listed risk factors for work conditions

are more and more specifically described in

O7 for work forbidden to be carried out by

women. But these risk factors are concerning

work in certain industries and specific

establishments in Bulgaria that have been

shut down.

Ensuring

preventive and

protective

services

N/A N/A N/A

Information for

workers

Art.4(2)

Pregnant workers, workers who have recently

given birth, workers who are breastfeeding in

the undertaking and/or establishment

concerned shall be informed of the results of

the assessment and of all measures to be

taken concerning health and safety at work.


identified on information of workers.




N.



N.


requirements

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N.

Training of

workers

N/A N/A N/A

Health

surveillance

N/A N/A N/A

Consultation of

workers

N/A N/A N/A

Limit values

Art. 6

N/A

N/A N/A

Other issues

identified




There is a specific ordinance (№ 11 of

2.03.1987) on the room for personal hygiene

of women and rest of pregnant women,

which describes all requirements and needs

which the employer must assure if in the

establishment in case are 20 or more female

workers.

According to the OWTBH (1986), women

have the right to 410 days of maternity leave

(42 before birth), compared to the Directive

which states that it is 14 weeks (or at least 2

weeks before and 2 weeks after). In Bulgaria,

if a woman wants to, she can prolong her

maternity leave up to 3 year – in this case she

won’t be paid but the employer must keep

her position and workplace and she cannot

be fired.

The Labour Code from night or shift work

excludes pregnant women or women with

kids up to 3 years old.

Table 1- 24 Council Directive 91/383/EEC (temporary workers) - Observed discrepancies, more stringent and more detailed requirements

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Scope and

definitions

Art 3(1) read in

conjunction

with Art 2

This Directive shall apply to:

o employment relationships governed by

a fixed-duration contract of

employment concluded directly

between the employer and the worker,

where the end of the contract is

established by objective conditions

such as: reaching a specific date,

completing a specific task or the

occurrence of a specific event;

o temporary employment relationships

between a temporary employment

business which is the employer and the

worker, where the latter is assigned to

work for and under the control of an

undertaking and/or establishment

making use of his services.


identified.


requirements

N.

Conducting a

risk assessment

N/A N/A N/A

Ensuring

preventive and

protective

services Art. 6

Protective and prevention services are to

be informed about the assignment of

workers with temporary or fixed-duration

contracts


identified on preventive and protective

services.

Does the legislation define in more specific

terms information to be provided to such

services?

N.

Information for

workers Art.3

(and 7)

In addition to the general requirements with

regard to workers’ information, temporary

workers shall be informed of special

occupational qualifications or skills or

special medical surveillance and about

increased risks that the job may entail.






N.



Y. According to Article 4 of O5 temporary

workers shall also be informed about the

measures for prevention of occupational risks


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requirements

N.

Training of

workers Art.4

In addition to the general requirements

regarding training, each temporary worker

must receive sufficient training appropriate

to the particular characteristics of the job,

account being taken of his qualifications

and experience.





N. It is transposed literally in the national

legislation.


requirements

N.

Health

surveillance

Art.5(2)

Workers who are used for particularly

dangerous work which requires special

medical surveillance must be provided with

appropriate special medical surveillance.


identified on health surveillance.


medical surveillance for all types of

temporary workers?

N.



legislation?

N.




N.



Y. In Ordinance № 3 of 28.02.1987 on the

mandatory preliminary and periodic medical

examinations of workers.


requirement

N.

Consultation of

workers

N/A N/A N/A

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Other issues

identified




According to Article 14 OSH Law, entities and

individuals who work with temporary workers

via agencies or assign duties to temporary

employees shall ensure their safety and

health at work in all cases.

Table 1- 25 Council Directive 94/33/EC (young people at work) – Observed discrepancies, more stringent and more detailed requirements



Scope and

definitions

Art. 2(1) in

conjunction

with Art. 3

Art. 2(2)

The Directive applies to any person under

18 years of age (defined as a ‘young

person’) having an employment contract

or an employment relationship.

It provides for the optional exclusion of

occasional or short-term work in domestic

service in a private household or of work

not considered to be harmful, damaging or

dangerous to young people in a family

undertaking.


identified for scope and definition.

Does the transposing legislation cover

occasional or short-term work in domestic

service in a private household or work not

considered to be harmful, damaging or

dangerous to young people in a family

undertaking?

N.


requirements

N.

Conducting a

risk assessment

Art. 6(2)

The employer shall implement the measures

necessary to protect the safety and health

of young people on the basis of an

assessment of the hazards to young people

in connection with their work.

The assessment must be made before

young people begin work and when there

is any major change in working conditions

and must pay particular attention to the

following points:


identified for conducting of risk assessment.

Does the transposing legislation provide for

a risk assessment to be conducted on a

regular basis (i.e. every year)

independently of any major changed in

working conditions?

N.




automatically?

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(a) the fitting-out and layout of the

workplace and the workstation;

(b) the nature, degree and duration of

exposure to physical, biological and

chemical agents;

(c) the form, range and use of work

equipment, in particular agents, machines,

apparatus and devices, and the way in

which they are handled;

(d) the arrangement of work processes and

operations and the way in which these are

combined (organization of work);

(e) the level of training and instruction given

to young people.

Where this assessment shows that there is a

risk to the safety, the physical or mental

health or development of young people,

an appropriate free assessment and

monitoring of their health shall be provided

at regular intervals without prejudice to

Directive 89/391/EEC.

The free health assessment and monitoring

may form part of a national health system.

Y. O5 risk assessment, Art. 4 (2)




N.



N.



N.





N.


requirements

N.

Ensuring

preventive and

protective

services

Art. 6(4)

The employer shall involve the protective

and preventive services referred to in

Article 7 of Directive 89/391/EEC in the

planning, implementation and monitoring

of the safety and health conditions

applicable to young people.


identified for ensuring preventive and


Does the national legislation set any

specific/detailed rules on the way and

extent of the involvement of protective

and preventive services in the planning,

implementation and monitoring of the

safety and health conditions applicable to

young people?

N.


requirements

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N.

Information for

workers Art.

6(3)

The employer shall inform young people of

possible risks and of all measures adopted

concerning their safety and health.

Furthermore, he shall inform the legal

representatives of children of possible risks

and of all measures adopted concerning

children's safety and health.


identified for information for workers.


young workers/legal representatives of

children further specified?

N.


requirements

N.

Training of

workers Art.6

(2)

The employer shall implement the measures

necessary to protect the safety and health

of young people on the basis of an

assessment of the hazards to young people

in connection with their work.

The assessment must be made before

young people begin work and when there

is any major change in working conditions

and must pay particular attention to the

following points:

(e) the level of training and instruction given

to young people. *


identified for training of workers.

Does the transposing legislation provide for

mandatory training of young workers

(according to the Directive, the level of

training given must be taken into account

in assessing any hazards although there is

no explicit requirement to provide any

such training)?

N.


of training provided in the legislation in

relation to young workers?

N.


requirements

N.

Health

surveillance Art.

6(2) and 9(3)

Where the assessment shows that there is a

risk to the safety, the physical or mental

health or development of young people,

an appropriate free assessment and

monitoring of their health shall be provided

at regular intervals without prejudice to

Directive 89/391/EEC.

The free health assessment and monitoring


identified for health surveillance.

Besides night work and cases where an

assessment of the hazards to young

people in connection with their work was

shown that there is a risk to the safety, the

physical or mental health or development

of young people, does the transposing

legislation provide for a free health

assessment of young workers in other

circumstances?

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may form part of a national health system.

Prior to any assignment to night work and at

regular intervals thereafter, adolescents

shall be entitled to a free assessment of

their health and capacities, unless the work

they do during the period during which

work is prohibited is of an exceptional

nature.

N.



legislation?

Y. The medical report is issued based on the

requirements listed in Article 12(2),

paragraphs 1-5 of O6 as follows:

1. Medical certificate from the recent

medical examination;

2. Types and nature of work;

3. Outcome of the risk assessment, which can

be exposed to a person under 18 years;

4. The measures provided safety and health

of the person under 18 years;

5. Distribution of working time for persons 15 to

16 years.




N.



Y. Ordinance 6 on the terms and conditions

for work permission to persons under 18 years

of age requires the checks every six months

for young people from 15 to 16 years (Article

13(1) –; from 16 to 18 years – every year.


requirements

N.

Consultation of

workers

N/A N/A N/A

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Other issues

identified




Annex II of the O6 for persons under 18 years

lists 60 processes and activities which are

forbidden for persons under 18 years. For

example:

24. Cutting and felling of tall trees and

loading logs.

39. Water rescue works.

46. Glass cleaner of motor vehicles on the

roadway.

47. Work in confined spaces.

50. Work on mobile constructions.

51. Work on roofs.

52. Work in pits, shafts, wells, gas pipelines,

chimneys, flues, sedimentary basins.

53. Work in mines.

58. Work in hospitals related to care for

patients, cleaning rooms and laundering of

linen.

And others.

* The level of training given must be taken into account in assessing any hazards although there is no explicit requirement to provide any such training.

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1.3.2 Options

This sub-section considers the options provided by the directives to the Member States to exercise

their legislative powers beyond what is strictly required by the Directives. In this case, Member States

can ultimately set more stringent measures than those required by the Directive. The analysis here

reviews whether these options have been used, contributing to the identification of more stringent

measures.

Bulgaria only made use of the options provided by Article 5(3) of the Directive 91/383/EEC on

temporary workers: Article 52(1) of the Law on OSH 1997 requires the employer to provide, at his or

her expense, compulsory insurance against the risks “work accident” and “occupational disease” for

his employees who work in risky work places exposed to risk or professions listed as exposed to risk

by the Council of Ministers.

Table 1- 26 Options

Directive Y/N Legal references and brief description

Directive 2000/54/EC on biological agents

- Annex I N

Annex 2 /Art. 6.2. in Ordinance № 4 of

2002 on the protection of workers from

risks related to exposure to biological

agents at work directly transposes Annex I

of the Directive. No additional activities

have been listed.

Directive 91/383/EEC on temporary workers

- Art. 5(1) N

The general requirements are set out in the Labour code. See also Ordinance № 3

of 28.02.1987 on the mandatory

preliminary and periodic medical

examinations of workers.


- Art. 5(3) Y

Article 52(1) of the Law on OSH 1997

requires the employer to provide, at his or

her expense, compulsory insurance

against the risks “work accident” and

“occupational disease” for his employees

who work in risky work places exposed to

risk or professions listed as exposed to risk

by the Council of Ministers.


- Art. 7(2) second indent N

No in relation to information of temporary

workers.

1.4 INTERACTIONS

This section aims at identifying synergies provided in the national legislation for the transposition of

CPMs across Directives.

In Bulgaria, all directives are transposed mainly by the OSH Law 1997 and the Labour Code 1986. In

case of specific requirements for the sectors covered by the specific directives, there are Ordinances

which also refer to the OSH Law 1997. Generally, there is a good interaction between directives

through the transposed national legislation.

The results of the analysis are presented in table 1-27 below.

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Table 1- 27 Interactions between CPMs across OSH Directives

Risk assessment Preventive and

protective

services

Information for

workers

Training of workers Health surveillance Consultation of

workers

Directive 89/391/EEC

(Framework Directive)

Art. 16 and 17 in

the Law on OSH

1997;

Ordinance 5 Of 11

May 1999 on the

procedure,

manner and

frequency of

carrying out risk

assessment

Art. 1 (2) 1. In the

Law on OSH 1997;

Art. 4 (1) (3); Art.

24 (1) (2), Art. 29 in

the OSH Law 1997.

Art. 1 (4); Art. 4 (1)

2, Art. 9 (1), Art. 19

(1), Art. 29.6. and

Art. 30 (2) 1 in OSH

Law 1997

Art 7в in the LC

1986.

Art. 1 (4); Art 2 (1);

Art. 4 (1) 2 and Art

26 (2) and (3) In

the OSH Law 1997;

Ordinance № RD-

07-2 of 16.12.2009

on the terms and

procedure for

conducting

periodic training

and instruction to

employees on the

rules to ensure

safe and healthy

working

conditions.

Art. 281 (5) in the

LC 1986.

Art. 25a (1) 4. In the

Law on OSH 1997.

Art. 282 in the

Labour code.

O3 medical

examinations

Art. 1 (4); Art 26

(1), Art. 29 in the

OSH Law 1997.

Council Directive 89/654/EEC

(workplace)

/ Art. 1 (2) 1. In the

Law on OSH 1997;

Art. 4 (1) 1. And

Art. 4 (3) in the

Law on OSH.

Art. 24 (1) (2) in

the Law on OSH.

Art. 3.1 in O7

workplace and

WE

Art. 4 (1) 2 and Art

26 (2) 1. В. In the

Law on OSH 1997

/ Art. 3.2 in O7

workplace and

WE

Directive 2009/104/EC (work

equipment)

Art. 99 in

Ordinance 7

(1999) on dust,

toxic and other

harmful

substances


Law on OSH 1997;

Art. 4 (1) 1. And

Art. 4 (3) in the

Law on OSH.

Art. 3.1 and Art.

166 in O7

workplace and

WE

Art. 167 and Art.

215 (1) (on

working with

scaffolding) in O7

workplace and

WE

/ Art. 3.2 in O7

workplace and

WE

Council Directive 89/656/EEC Art. 10 in the Law Art. 1 (2) 1. In the Art. 19 (1) in the Art. 13 in O3 PPE / Art 26 (1) in the

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protective

services

Information for

workers


workers

(PPE) on OSH 1997;

Art. 16 (1) (2) (3) in

O3 PPE

Law on OSH 1997;

Art. 4 (1) 1. And

Art. 4 (3) in the

Law on OSH.

Law on OSH;

Art. 12 in O3 PPE

Law on OSH


(OSH signs)

Art 5 (2) in ORD-

07/8 signs and

signals

/ Art. 6 (1) in ORD-

07/8 signs and

signals

Art. 6 (2) in ORD-

07/8 signs and

signals

/ Art 26 (1) in the

Law on OSH

Directive 1999/92/EC (ATEX)

Art. 5 in O11

explosive

atmospheres

Art. 23 (2) O11

explosive

atmospheres

Art. 14 in O11

explosive

atmospheres

Art. 13 in O11

explosive

atmospheres

Art. 22 in O11

explosive

atmospheres

OSH Law 1997


(manual handling of loads)

Art. 4 (4) and the

related to it Annex

I and Annex II in

O16 manual

handling of loads

/ Art. 6 (1) in O16

manual handling

of loads

Art. 6 (2) in O16

manual handling

of loads

/ Art. 6 (3) in O16

manual handling

of loads


(display screen equipment)

Art. 3 (1) (2) in O7

visual display.

/ Art. 5 and Art. 6 in

O7 visual display

Art. 5 in O7 visual

display

Art. 9 (1) (2) in O7

visual display

Art 26 (1) анд Арт.

29 in the Law on

OSH

Art. 7 in O7 visual

display

Directive 2002/44/EC (vibration)

The basic

obligations of the

employer are in

the main

O3vibration

exposure

In Art. 7 of

O3vibration

exposure and

Article 4 from the

LSHW

Section one in the

OSH Law 1997

defines rights of

employees to

information about

the SHW issues at

their work station

Section One in the

OSH Law 1997

define rights and

obligations of

employers and

employees to

training for SHW

The basic

obligation of the

employer to

provide adequate

health surveillance

is guaranteed in

the Art. 15 and 25

of the SHW and

more specifically in

the O3 medical

examinations

Basic obligations

of the employer

to information

and consultation

of workers are set

in Art. 12 of the

O3vibration

exposure

Directive 2003/10/EC (noise) Art. 6. of the main Art. 7 of the O 5 Art 11 of the Art. 7 Art 11 of the Art. 7 Section III of the Art 12. of O 5 risk

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protective

services

Information for

workers


workers

Ordinance (1)

and O5 risk

assessment and

Law for technical

requirements to

products and

related to it Acts

and regulations

risk assessment

referring to Art 4 of

the OSH law 1997

of the O 5 risk

assessment

of the O 5 risk

assessment

Ordinance for

Health surveillance

and O3 medical

examinations and

Art. 28 / Ordinance

№ 14 for Services

for occupational

health (1998) and

Law for protection

of personal data

assessment and

Art 4,5 and 6 and

to the LSHW

Directive 2004/40/EC

(electromagnetic fields)

N/A76 N/A N/A N/A N/A N/A

Directive 2006/25/EC (artificial

optical radiation)

Art. 3 (2), Art. 4

and Art. 5 in O5

AOR

Art. 9 and Art.10 in

O5 AOR

Art. 7 in O5 AOR Art. 7 in O5 AOR Section III. Art. 9, 10,

11, 12, 13 in O5

AOR

Art. 8 in O5 AOR


(carcinogens or mutagens)

Art. 5, 6 and 9 and

in O10

carcinogens and

mutagens and

O5Risk Assessment

Art 14, 15 and 16

of O10

carcinogens and

mutagens

Art 6, Art 9 of O10

carcinogens and

mutagens

Art. 19 from O10

carcinogens and

mutagens

Art. 22 and O10

carcinogens and

mutagens

Art 26 (1) and Art.

29 in the Law on

OSH

Art. 15, p. 2 of O10

carcinogens and

mutagens

Council Directive 98/24/EC

(chemical agents at work)

Art. 4, Art 6 and

Art 7 of O 13

chemical agents

and O5 risk

assessment

Art. 2 and Art 8 of

O 13 chemical

agents

Art. 13 of O 13

chemical agents

Art. 13 of O 13

chemical agents

Art. 12 of O 13

chemical agents

OSH Law 1997

Directive 2009/148/EC (asbestos) Art. 6 in O9

asbestos

Art. 10 (2) and Art.

11 (1) in O9

Art. 13 6 in O9

asbestos

Section III. Training

of Workers in O9

Art. 14 and Annex I

/Art.14.3/ in O9

Art. 26 and Art.

36a (1) 3 in the

76 N/A refers to “not applicable because the Directive has not been transposed in national legislation”. The acronym of N/A will be used consistently throughout the remainder of the tables.

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protective

services

Information for

workers


workers

asbestos asbestos asbestos Law on OSH, 1997;

Art. 12 (3) and Art.

20 (3) in O9

asbestos

Directive 2000/54/EC (biological

agents)

Art 4, Art 5, Art 6 of

O4 biological

agents O5 risk

assessment

Art 7, Art 8 and Art

17 of O4

biological agents

Art. 12, Art.13 and

Art. 14 of O4

biological agents

/ Section III, Art 16 of

O4 biological

agents

Art 26 (1) and Art

29 in the Law on

OSH


(temporary or mobile

construction sites)

Art. 16 and 17 in

the Law on OSH

1997;

Art. 15 and Art. 62

in O2 construction

works;

O5 risk assessment

Art. 5

Art. 7.2 and 7.3

Art.11

Art.26

Art. 27 in O2

construction works

Art. 16.1.б

Art. 15.1.e

Art. 19

Art. 20

Art. 29 in O2

construction works

Art. 16.1.e

Art.22 in

O2 construction

works

Art. 16.1.з

Art. 16.1.с

In O2 construction

works

Art. 36

Art. 36 a

Art. 39

In the Law on

OSH, 1997.


(surface and underground

mineral-extracting industries)

Section II, Art. 4 of

O9 workers in

mines

/ Art. 7 and Section

III, Art. 17 of O9

workers in mines

Art. 13 of O9

workers in mines

Art. 14 of O9

workers in mines

/


(mineral-extracting industries

through drilling)

Art. 5 of O9 drilling / Art. 10 of O9

drilling

Art. 18 and Art. 19,

Art 45 of O9

drilling

Art. 11 of O9 drilling Art 26 (1) and Art.

29in the Law on

OSH


(medical treatment on board

vessels)

O5 risk assessment Art. 12 in O9

board vessels.

/ Art. 13 in O9

board vessels

Art. 12, Art. 16, Art.

17 in O9 board

vessels

/


(work on board fishing vessels)

Section VIII,

Section XIII.

Indications of risks.

In O on ship’s

crew

Art. 65, Section IV,

Section VIII and IX

in O on ship’s

crew

Art 45, Art. 154

and Art. 155 (9) in

O21 SFV

Art. 155 in O21 SFV Section VII, Art. 46

in O on ship’s crew ;

O9 board vessels.

Art 66 and Art. 67

in O on ship’s

crew


(pregnant/breastfeeding

Art 307 (1);

Law on OSH 1997,

OSH Law 1997,

Art. 4.

OSH Law 1997,

Art. 4 (1) 2 and

OSH Law 1997,

Art. 4 (1) 2.

Art. 8 and Art. 9 in

Ordinance on

OSH Law 1997

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protective

services

Information for

workers


workers

workers) Art. 10 (1), Art. 16

(1);

Art. 3, Art. 4, Art. 5

and Art. 17. 4. in O

5 risk assessment

Art. 16 (4), Art. 19

(1).

readjustment


(temporary workers)

Law on OSH 1997,

Art. 19 (1)


Law on OSH 1997;

Art. 4 in the Law

on OSH:

Law on OSH 1997,

Art. 24 (1)

Law on OSH 1997,

Art. 16 (4), Art. 19

(1);

O5 temporary

workers

(conducting the

OSH Law and the

Labour code.) –

Art. 4 (1) 1. A) b)

c)

Law on OSH, 1997,

Art. 26 (2) 1.;

O5 temporary

workers, Art. 4 (1)

2.

Art. 282 in the

Labour code.

Art 2 (1) in the Law

on OSH;

O3 medical

examinations, Art.

17 (1)

LC, Art. 7a


(young people at work)

Art. 304 (1) in the

LC.

O6 persons under

18, Art. 4. 1, 2, 3, 4,

5.

O6 persons under

18, Art. 7

O6 persons under

18, Art. 6

/ O6 persons under

18, Art. 11, Art. 12,

Art. 13, Art. 14

OSH Law 1997

Conclusions on interactions

between Directives

All directives are

transposed mainly

by the OSH Law

1997 and the LC

1986. These

national

documents cover

the key

requirements of

the Framework

Directive and the

specific directives.

In line with them

there is a specific

All directives are

transposed mainly

by the OSH Law

1997 and the LC

1986. All

Ordinances refer

to these

documents. There

is a good

interaction

between

directives through

the transposed

national

All directives are

transposed mainly

by the OSH Law

1997 and the LC

1986. In case of

specific

requirements for

the sectors

covered by the

specific directives,

there are

ordinances which

also refer to the

OSH Law 1997.

All directives are

transposed mainly

by the OSH Law

1997 and the LC

1986. All

Ordinances refer

to these

documents. There

is a good

interaction

between

directives through

the transposed

national

All directives are

transposed through

OSH Law and LC.

On health

surveillance there is

also a specific

Ordinance on

medical

examinations. There

is a good

interaction

between directives

through the

transposed national

Consultation of

workers is also

covered by OSH

Law and LC. All

specific

ordinances refer

to the Law on this

key requirement.

There is a good

interaction

between

directives through

the transposed

national

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protective

services

Information for

workers


workers

Ordinance on risk

assessment which

is effective for all

specific directives

- Ordinance 5 Of

11 May 1999 on

the procedure,

manner and

frequency of

carrying out risk

assessment.

legislation. legislation. legislation. legislation.

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2 MAPPING QUESTION 2: GAPS IN CONTENT OR TIME

This section aims at determining whether the Member State has applied or used derogations and

transitional periods when provided for by the Directives. Provisions setting options are covered under

MQ1, in section 1.3.

2.1 TRANSITIONAL PERIODS

Transitional periods: these are periods of time where a derogation applies with extended deadlines

for the implementation of particular provisions of the Directives. It is noteworthy that most of the

transitional periods are not applicable anymore as the dates by which provisions in question had to be

implemented at latest have already passed. However, these periods should be taken into consideration

to explain delays in implementation of certain Directives. Such transitional periods can be found in

eight Directives as listed below.

Bulgaria became a EU member state on 1st January 2007. To that date, all mentioned Directives below,

of which the end dates of the transitional periods had preceded the accession date for Bulgaria, have

been transposed into the national OSH legislation.

Table 2- 1 Transitional Periods

Directive Transitional periods

applied

Transitional period

respected

Date of end of

application of the

transitional period

Directive 90/270/EEC (display

screen equipment) Not applicable N/A N/A

Directive 92/91/EC (mineral-

extracting industries through

drilling)

Not applicable N/A N/A

Directive 92/104/EC (surface

and underground mineral

extracting industries)

Not applicable N/A N/A

Directive 93/103 (work on

board fishing vessels) Not applicable N/A N/A

Directive 1999/92/EC (ATEX) Not applicable N/A N/A


(vibration) Yes Yes 6 July 201077

Directive 2003/10/EC (noise) Yes Yes 15 February 2011

Directive 2009/104/EC (work

equipment) Not applicable N/A N/A

77 At that time Bulgaria was not a member of the EU, but the basic Document in the national legislation - Regulation № 3 of

MTSP and MH entered into force from 5.07.2005, which is the starting date of the transitional period. § 3. In cases when the

Working equipment has been provided to workers before 6.07.2007, it is not possible to meet the requirements of Art. 8, par.

1 and 2, although they are taken into account the latest technical advances and / or taken the necessary organizational

measures can be used to 6.07.2010 and where work equipment is used in agriculture and forestry, to 6.07.2014

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2.2 DEROGATIONS

Derogations: these are provisions, which explicitly permit Member States to derogate from certain

requirements contained in the Directive. All derogations are accompanied by conditions which need to

be fulfilled before and/or after derogation is permitted. The following table shows which derogations

have been used and whether or not the conditions attached are adequately reflected in the transposing

legislation.

Bulgarian transposing legislation has only to a limited extent made use of the derogations. The only

derogations which have been used are: derogation from the application of Annex VIII, section 2 of the

Directive 92/58/EEC on safety and/or health signs at work; the possibility to make entitlements to

benefits conditional, in the case of Directive 92/85/EEC on breastfeeding workers; the derogations

from prohibition of the use of certain chemical agents and activities involving chemical agents; the

derogation from the obligation to comply with exposure limit values in the case of sea and air

transport; the derogation from the obligation to comply with exposure limit values in a case where the

exposure of a worker to mechanical vibration is usually below the exposure action values; and the

derogation laid down in the Noise Directive. These derogations, and the conditions attached to them,

have been transposed literally.


Representative from Occupational Health Service: “The directives in most cases are literally

translated. One of the reasons is that the old legislation is not well known. Each MS has the right of its

own specific requirements and derogations under certain conditions. We did not put any conditions

from our side (as a MS) because of fear and lack of competencies. In many aspects the older

legislation was clearer. Not because the EU is bad, but because we transpose it by literal translation.”

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Table 2- 2 Derogations

Directive Article Use of derogation Y/N Explanation Conditions reflected Y/N Explanation

Directive

89/656/EEC on

personal

protective

equipment

Art.4.6,

second

indent

Member States’

legislation may allow

for contribution of

workers towards the

costs of some

personal protective

equipment.

N. O3 PPE makes the

employer fully responsible

for all PPE. There are no

exceptions to this rule in

national legislation.

The derogation applies in

circumstances where use

of the equipment is not

exclusive to the workplace

N Bulgaria has not made use of

this derogation

Directive

92/57/EEC on

temporary or

mobile

construction sites

Art. 3.2 Derogation from the

obligation to draw up

a health and safety

plan

N. Bulgaria has not made use

of this derogation

The derogation to writing

a health and safety plan

does not cover work

involving particular risks as

listed in Annex II.


this derogation

The derogation does not

cover work for which prior

notice is required pursuant

to paragraph 3 of this

Article.


this derogation

Directive

92/58/EEC on

safety and/or

health signs at

work

Art. 6.2. Derogation from the

application of Annex

VIII, section 2

Y. National legislation does

not specify the signs from

section 2.2. of the Annex.

Alternative measures

guaranteeing the same

level of protection laid

down.

Y Annex VIII, section 2, ORD-07/8

signs and signals of safety and/

or health at work.

Derogation from the

application of Annex

IX, section 3

N. National legislation does

not make derogation from

the Directive.

Alternative measures

guaranteeing the same

level of protection laid

down


this derogation

Directive

92/85/EEC on

breastfeeding

workers

Art.11.4 Member States may

make entitlement to

benefits conditional

Y. Article 48a of the Code for

social insurance does not

literally reflect this Article

of the Directive or its

derogations. However, it

makes use of the

derogation set out in this

Article.

The worker concerned

shall fulfil the conditions of

eligibility for such benefits

laid down under national

legislation.

Y In the Bulgarian legislation

transposing the rights and

obligations for breastfeeding

and pregnant workers, Directive

92/85 has not been explicitly

mentioned. However, Article 48а. of the Code for Social

Insurance (New - SG, n. 112 from

2003, into force from 1.07.2004,

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chg, n. 69 from 2004, n. 109 from

2008, into force from 1.01.2009)

foresees that individuals who

are insured for sickness in

general and for maternity leave

have the right to compensations

for pregnancy and birth instead

of their regular pay for work, if

they have 12 months of prior

employment, as insured for this

risk.

These conditions may

under no circumstances

provide for periods of

previous employment in

excess of 12 months

immediately prior to the

presumed date of

confinement.

Y The condition of 12 months of

prior employment is in line with

the limits for the derogation set

out in Article 11(4) of the

Directive.

Directive

94/33/EC on the

protection of

young people at

work

Art.5.3 Derogation from the

requirement to

receive a prior

authorisation for the

employment of

children for the

purposes of

performance of

children in cultural

and similar activities


of this derogation.

N/A in the case of children

of at least 13 years of age,

Member States may

authorize, by legislative or

regulatory provision, in

accordance with

conditions which they shall

determine, the

employment of children

for the purposes of

performance in cultural,

artistic, sports or

advertising activities.


this derogation

Art. 7.3. Derogation from the

prohibition of

employment of

young people for

works listed in Article


of this derogation.

Derogations indispensable

for their vocational

training


this derogation

Protection of their safety

and health is ensured by


this derogation

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7.2 in the case of

adolescents

the fact that the work is

performed under the

supervision of a

competent person within

the meaning of Article 7 of

Directive 89/391/EEC

Protection afforded by

Framework Directive is

guaranteed


this derogation

Art. 8.5 Derogations from

limits on the working

hours of children

specified in Article

8.1.(a).


of this derogation

Derogation is justified by

way of exception


this derogation

Or Derogation is used

because objective

grounds are provided


this derogation

Member States shall, by

legislative or regulatory

provision, determine the

conditions, limits and

procedure for

implementing such

derogations.


this derogation

Art.9.2 Article 9 (2) a

Member States may,

by legislative or

regulatory provision,

authorize work by

adolescents in

specific areas of

activity during the

period in which night

work is prohibited as

referred to in

paragraph 1 (b).

N.

Bulgaria has not made use

of this derogation

Work by adolescents in

specific areas of activity


this derogation

Supervision of the

adolescent by an adult

where such supervision is

necessary for the

adolescent's protection.


this derogation

Work shall continue to be

prohibited between

midnight and 4 a.m.


this derogation

Article 9 (2) b second

indent

Derogation from


of this derogation

Objective grounds for so

doing


this derogation

and provided that N Bulgaria has not made use of

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prohibition of night

work for adolescents

for:

— work performed in

the shipping or

fisheries sectors;


the context of the

armed forces or the

police;


hospitals or similar

establishments;

— cultural, artistic,

sports or advertising

activities.

adolescents are allowed

suitable compensatory

rest time

this derogation

and that the objectives

set out in Article 1 are not

called into question:


this derogation

Art.10.3 Derogation from the

minimum rest periods

for interruption in the

case of activities

involving periods of

work that are split up

over the day or are

of short duration.

N.


of this derogation

Art. 10.4 Derogations from rest

periods in respect of

adolescents for

(a) work performed in

the shipping or

fisheries sectors;

(b) work performed in

the context of the

armed forces or the

police;

(c) work performed in

hospitals or similar

N.


of this derogation

Objective grounds are

provided and provided

that they are granted

appropriate

compensatory rest time

and that the objectives

set out in Article 1 are not

called into question


this derogation

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establishments;

(d) work performed in

agriculture;

(e) work performed in

the tourism industry or

in the hotel,

restaurant and café

sector;

(f) activities involving

periods of work split

up over the day.

Art. 13 Member States may,

by legislative or

regulatory provision,

authorize derogations

from Article 8 (2),

Article 9 (1) (b),

Article 10 (1) (b) and,

in the case of

adolescents, Article

12, for work under

force majeure

N.


of this derogation

Work is of a temporary

nature and must be

performed immediately


this derogation

Adult workers are not

available


this derogation

Adolescents are allowed

equivalent compensatory

rest time within the

following three weeks.


this derogation

Directive

98/24/EC on

chemical agents

at work

Art. 9.2

and 9.3

Derogations from

prohibition of the use

of certain chemical

agents and activities

involving chemical

agents in the

following

circumstances:

- for the sole purpose

of scientific research

and testing, including

analysis,

- for activities

intended to eliminate

Y. Art. 15, para (2), para 1. of

Ordinance 13 on

chemical agents.

Derogations literally reflect

the transposing legislation.

Exposure of workers to

chemical agents must be

prevented, via single

closed systems, from

which the chemical

agents may be removed

only to the extent

necessary to monitor the

process or service the

system.

Y. Literally transposed in Article 15

of Ordinance 13 chemical

agents

Member States may

provide for systems of

individual authorisations.

Y. Literally transposed in Article 15


agents

The competent authority Y. Literally transposed in Article 15

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chemical agents that

are present in the

form of by-products

or waste products,

- for the production

of the chemical

agents referred to in

paragraph 1 for use

as intermediates, and

for such use.

shall request the employer

to submit the information

listed in Article 9.3.


agents

Directive

2002/44/EC on

vibration

Art. 10.1 Derogation from the

obligation to comply

with exposure limit

values in the case of

sea and air transport,

Y. Literally transposed in the

O3 vibration exposure Art.

9

In duly justified

circumstances with

respect to whole-body

vibration where, given the

state of the art and the

specific characteristics of

workplaces, it is not

possible to comply with

the exposure limit value

despite the technical

and/or organisation

measures taken.

Y. Literally transposed in the O3

vibration exposure, Art. 9, p. 1

The derogation must be

accompanied by

conditions which

guarantee that the

resulting risks are reduced

to a minimum and that

the workers concerned

are subject to increased

health surveillance, and

must be reviewed every

four years and withdrawn

as soon as the justifying

circumstances no longer

obtain. (Art.10.3)


vibration exposure, Art. 9, p. 1

Art. 10.2 Derogation from the Y. Literally transposed in the The exposure value Y. Literally transposed in the O3

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obligation to comply

with exposure limit

values in a case

where the exposure

of a worker to

mechanical vibration

is usually below the

exposure action

values but varies

markedly from time

to time and may

occasionally exceed

the exposure limit

value

O3 vibration exposure, Art.

9, p. 2

averaged over 40 hours

must be less than the

exposure limit value and

vibration exposure, Art. 9, p. 2,

a)

There must be evidence

to show that the risks from

the pattern of exposure to

the work are lower than

those from exposure at

the exposure limit value



a)

The derogation must be

accompanied by

conditions which

guarantee that the





health surveillance, and

must be reviewed every

four years and withdrawn

as soon as the justifying


obtain. (Art.10.3)



a)

Directive

2003/10/EC on

noise

Art.11.1

and

11.2

Derogations from the

provisions of Articles 6

(1)(a) and (b) and

7.in exceptional

situations where,

because of the

nature of the work,

Y. Article 10 of O 6 noise

exposure literally

transposes the options for

derogations set in the

Directive78

Guarantee, taking into

account the special

circumstances, that the





Y. Article 10 (2) of O6 noise

exposure reflects this

requirement and obliges the

employer to inform in written

form the Service for

occupational Health about

each separate case for which

78 NIR mentions here the following : ‘In accordance with employers’ obligations to inform the Labour Inspectorate of every case of a derogation, one was reported to GLIEA by a ceramic tile

plant in the reporting period. The main reason pointed out by the employer for avoiding the use of personal protective equipment for hearing was the impossibility of the drivers of motor trucks

to register and react to the multiple sound signals from the working equipment. Use of the PPE (ear defenders) provided in the workshops increases the risk of motor truck drivers reacting

inadequately, leading to exposure to a risk of occupational accidents not only on the part of the driver but also other workers that happen to be standing nearby.’ See National Implementation

Report, Part A, Section II, (EN) p.109.

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the full and proper

use of individual

hearing protectors

would be likely to

cause greater risk to

health or safety than

not using such

protectors

health surveillance.

such a derogation is applied

Review every four years

and withdrawn as soon as

the justifying


obtain.

Y More stringent :

Derogations are reviewed at

least once per year (Article

10(3) of Ordinance 6 noise

exposure)

Directive

2004/40/EC on

physical agents

(electromagnetic

fields)

Art.4.6 The risk assessment

may include a

justification by the

employer that the

nature and extent of

the risks related to

electromagnetic

fields make a further

detailed risk

assessment

unnecessary.

N/A N/A

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3 MAPPING QUESTION 3: LEVEL OF COMPLIANCE BY DIFFERENT STAKEHOLDERS

The question consists of two separate, but intertwined questions: the degree of compliance and

approaches to compliance.

3.1 DEGREE OF COMPLIANCE

The question aims to ascertain the extent to which establishments in Member States comply with the

key requirements of the 24 OSH Directives and to what extent differences exist between public/private

sector; different sizes of establishments: micro/SMEs/large enterprises and different sectors of

economic activity.

The results are summarized in tables 3.1 and 3.2. Table 3.1 outlines the range of compliance with the

common processes and mechanisms (CPMs) across all 24 OSH Directives. Table 3.2 complements

the previous table by addressing the level of compliance with the CPMs at the level of individual

Directives.

As regards key requirements which do not constitute CPMs, a detailed overview is provided in Table

3.3.

For estimating the degrees of compliance, the following basic breakdown can be used:

(1) Very low degree of compliance

(2) Low degree of compliance

(3) Medium degree of compliance

(4) High degree of compliance

(5) Very high degree of compliance

In the case of Bulgaria, the only data available to ascertain the degree of compliance with the CPMs is

the ESENER Survey and the reports of GLIEA. A general trend of improvement with regard to

compliance with carrying out a risk assessment can be noticed, but the stakeholders have immediately

warned that, in reality, the percentage of establishments that carry out risk assessments and risk

management activities resulting from the risk assessment is lower than what is officially reported. A

large number of establishments provide information to workers. Comparatively high proportions of

both general and specialist OSH worker representation, in combination with high management

commitment, are noticed. The percentage of enterprises providing training to workers is also high.

Most of the workplaces are monitored through regular medical examinations. No data could be

obtained with regard to the consultation of workers. Finally, according to the data of CITUB, the

degree of compliance has seen significant improvements for all CPMs, and most notably in the sectors

transport, construction and metallurgy.

The degrees of compliance for all CPMs for the ATEX Directive, the PPE Directive, the Noise

Directive, the Asbestos Directive, and the Surface and underground mineral-extracting industries

Directive are, however, not satisfactory, taking hereby into account the number of working accidents

and the number of complaints in these specific sectors.

With regard to the ESENER data reported upon in the below table, it should be noted that ESENER

data are based on a relatively small sample size (interviews were carried out in only 28,649

establishments in 31 European countries) and composition (enterprises up to 10 employers were not

involved). Moreover, this information is based on managers’ responses and the ESENER average

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response rate is around a third as only some 20 per cent answered in five out of the EU's six largest

countries (Germany, Spain, Italy, Poland and the UK).79 The post-test of the ESENER survey noted

that “it is important to mention that companies participating in the survey are likely to be the

organisations with high standards or good procedures in place and therefore represent a self-selected

sample of ‘good examples’.”80

79 EU-OSHA, European Survey of Enterprises on New and Emerging Risks - Managing safety and health at work, 2010,

p.95 80 EU-OSHA, Qualitative post-test evaluation of ESENER: National overview report, 2013

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Table 3- 1 Degree of compliance: Common processes and mechanisms (across Directives)

Common

Processes and

mechanisms

(across

Directives)

Criteria/indicator

to guide the

assessment

Assessment of the degree

of compliance

An explanation of how the assessment was made

(including references to data sources when

available)

Differences which exist between the

different types of sectors, size of

establishment (micro/SMEs/large)

and sectors of economic activity

and the rationale

Risk assessment % of

establishments

which perform

regular81 risk

assessment

% of

establishments that

carry out risk

management

activities resulting

from the risk

assessment

76 to 82%

50% to 80%

Report of GLIEA 2006: The share of the enterprises

with a finalised industrial risk assessment and

adopted programs with specific measures for risk

elimination has risen from 52 % in 2005 to 65 % in

2006.

Report of GLIEA 2012:

97 % of the inspected enterprises have assessed

the risk for workers’ life and health.

65% of employees in Bulgaria have been

covered by inspections.

60% of inspections were in SME, which are more

“risky” in terms of rules’ violation.

So, the lowest compliance degree can be

calculated as 0,6*97% or 0,65*97%, i.e. it is

between 58% and 63%.

Since the major sectors have quite high

compliance degree, achieved in 2010, the

calculated percentage above shall be

increased at least by 30%, i.e. the compliance

degree is between 76% and 82%. The average of

78% is taken as a realistic percentage for

establishments which perform regular risk

assessment.

In reality, the percentage of establishments that

carry out risk management activities resulting

from the risk assessment is lower. During the

According to the data of CITUB, 82

enterprises which had assessed the

risk for workers’ life and health in

different sectors have increased:

Sector Transport – increase from 74%

(2009) to 94% (2010)

Sector Construction - increase from

91% (2009) to 97%

Sector Metallurgy - increase from

96% (2009) to 99% (2010)

According to Qualitative post-test

evaluation of ESENER – National

overview report – Bulgaria, the term

‘regularly’ was generally

understood to mean ‘reoccurring

within a specific time period’, but

the duration of this period varied

greatly.

81 Is the risk assessment reviewed regularly and in any event when any changes occur in the conditions which may affect workers exposure? 82 http://www.knsb-bg.org/index.php?option=com_content&view=article&id=1628:2011-03-31-14-52-24&catid=58&Itemid=190

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Common

Processes and

mechanisms

(across

Directives)

Criteria/indicator

to guide the

assessment


of compliance



available)





and the rationale

interview phase it became clear that some

companies perform rather formal reporting on

risk assessment. A pessimistic scenario of 50% has

therefore been reported here (due to the share

of micro and SME, who do not have resources to

apply measures), and an optimistic scenario of

80% (due to the efforts of GLIEU to control those

activities).

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Common

Processes and

mechanisms

(across

Directives)

Criteria/indicator

to guide the

assessment


of compliance



available)





and the rationale

According to ESENER1

data: 92.5% of workplaces

are regularly checked for

health and safety as part of

RA

ESENER survey results 2009: 92.5% of all

workplaces are regularly checked for

occupational health and safety as part of a risk

assessment or similar measure.83 Additionally,

65.7% routinely analyses the causes of sickness

absence.

The ESENER survey84 shows the

following differences according to

enterprise size and sectors:

Company Size Yes No

10 to 19 employees 89.25

% 10.35 %


% 2.89 %


% 3.36 %

250 to 499 employees 100 %

500 or more employees 95.25

% 4.75 %

Sector Type Yes No

Production sector 97.62 % 1.19 %

Private Services 88.01 % 11.99 %

Public Services 92.86 % 6.04 %

Ensuring

protective and

preventive

services

% of

establishments

having ensured

protective and

preventive services

40 - 80% Report of GLIEA 2012:

97 % of the inspected enterprises have secured

services on Occupational Health and Safety,

provided to the workers.

So, the same methodology as above can be

applied for the maximum degree quoted.

According to the data of CITUB,85

enterprises which had ensured

protective and preventive services

have increased:


(2009) to 92% (2010)


87,6% (2009) to 95,3%


96% (2009) to 98% (2010)

83 ESENER1, question MM161 84 ESENER1, question MM161 85 http://www.knsb-bg.org/index.php?option=com_content&view=article&id=1628:2011-03-31-14-52-24&catid=58&Itemid=190

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Common

Processes and

mechanisms

(across

Directives)

Criteria/indicator

to guide the

assessment


of compliance



available)





and the rationale

According to ESENER1:

16.34% - 78.26%

In Bulgaria, comparatively high proportions of

both general and specialist OSH worker

representation was found under ESENER. Notably:

Occupational Health Physician, 78.26%; Safety

specialist, 71.96%; Psychologist 16.34%;

Ergonomist,34.42%; Health & Safety Consultant,

72.74%.86

The proportion was lower among

SMEs and higher in large enterprises.

The production sector tends to

make larger use of occupational

health physicians, safety experts

and health and safety consultants,

while the private services show

higher percentages in the use of

safety experts, psychologists,

ergonomics experts and health and

safety consultants. Finally, public

services mostly use occupational

health physicians.

Information for

workers

% of establishment

which provide

information to

workers

80 to 95% Information for workers shall be provided on a

larger scale than ensuring protective and

preventive services. Even in SMEs and

microenterprises, the non-specialised

management staff is providing regular

instructions to workers on OSH issues.

Training of

workers

% of establishment

which provide

training to workers

75 % The percentage of enterprises, providing training

to workers, is also high, because of numerous

driving mechanisms and stimulating factors (e.g.

Services for medicine at work, GLIEU, Working

conditions Fund, etc.). National legislation exists

on training of many specific groups of workers

(Ordinance № RD-07-2 of 16.12.2009). Although

this legislation is more applicable to medium and

large size enterprises but also to some micro and

small size enterprises with a specific production.

The estimated rate is therefore about 75%

There isn’t much data on training

related to OSH. GLIEU presents some

statistics on training of all employees

in different matters, incl. foreign

languages and computer literacy.

2% of employees (43570 out of 2 049

672 employed people) have passed

for a special training on OSH during

the period 2007-2012. The training

was funded by the Working

conditions Fund.

86 ESENER1, questions MM1501, MM1502, MM1503, MM1504, MM1505.

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Common

Processes and

mechanisms

(across

Directives)

Criteria/indicator

to guide the

assessment


of compliance



available)





and the rationale

Making available

health

surveillance

% of

establishments

which provide

health surveillance

to workers

97% Report of GLIEA 2012: 97 % of the inspected

enterprises have contracts with Services for

medicine at work.

According to the data of CITUB, 87

there is a significant improvement of

health surveillance of workers by

Services for medicine at work (as

per O3 (2008)). The number of

enterprises a having contract with

such services has increased as

follows:


(2009) to 95% (2010)


92% (2009) to 98%


96% (2009) to 99%

Sector Energy – increase from

increase from 97% (2009) to 99%.

87 http://www.knsb-bg.org/index.php?option=com_content&view=article&id=1628:2011-03-31-14-52-24&catid=58&Itemid=190

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Common

Processes and

mechanisms

(across

Directives)

Criteria/indicator

to guide the

assessment


of compliance



available)





and the rationale


data: health of workers is

monitored in the large

majority of workplaces

(92.63%).

The ESENER1 survey suggests that most of the

workplaces (92.63%) are monitored through

regular medical examinations.

The ESENER survey88 shows the

following differences according to

enterprise size and sectors:

Company Size Yes No

10 to 19 employees 90.71 %

8.88 %


3.58 %


4.35 %

250 to 499 employees 95.91 %

4.09 %

500 or more employees 98.44 %

1.56 %

Sector Type Yes No

Production sector 92.46 % 6.35 %

Private Services 90.54 % 8.78 %

Public Services 96.93 % 2.21 %

Consultation of

workers

% of

establishments with

appointed worker

rep

% of

establishments

which consult

workers on risk

assessment

% of

establishments

At least 31%

No data could be

obtained through either

the desk study or via

interviews.

No data could be

obtained through either

Report of GLIEA 2006: In 8 % of the enterprises

inspected throughout the year, the activities for

occupational risk protection and prevention are

fully performed with the immediate participation

and support (for the employer) of the

permanently appointed personnel or the set up

services. Report of GLIEA 2007: The number of the

given consultations and advice rose by 20 % in

2008, compared to 2007. Report of GLIEA 2011:

62 % of the enterprises has established Working

Conditions Committees or Groups. Report GLIEA

2012: 65 % of the enterprises has established

Working Conditions Committees or Groups.

88 ESENER1, question MM154

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Common

Processes and

mechanisms

(across

Directives)

Criteria/indicator

to guide the

assessment


of compliance



available)





and the rationale

which consult

workers on

measures

the desk study or via

interviews.

65% of employees in Bulgaria have been

covered by inspections.

It shall be mentioned that SME enterprises with

less than 5 employees are exempted from that

obligation, i.e. 11% of total number of employees

are not covered by services of those Committees

or Groups.

So, the lowest compliance degree can be

calculated as 0,65*65%-11%, i.e. it is 31%.


data: 21.68% - 69.92% have

some form of

representation/consultation

ESENER1 2009 asked separately about different

forms of consultation. Companies were least

likely to have a trade union representative, and

most likely to have a health and safety

representative and/or committee. The

categories are not mutually exclusive.

- Trade union representative 21.68% (production

sector: 11.71%; private services: 9.64%; public

services: 60.95%)

- Health and safety representative: (production


services: 67.88%)

- Health and safety committee: % (production


services: 72.19%)89

The data showed an increasing

trend for all questions with company

size. Notably, trade union

representatives still lack in smaller

enterprises. Overall, the public

sector was more likely to have each

of the forms of

consultation/representation

Table 3- 2 Degree of compliance: Common processes and mechanisms (individual Directives)

89 ESENER1, questions MM351-355-358.

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Common Processes

and mechanisms

(individual Directives)

Criteria/indicator to

guide the assessment

Directive nr. Assessment of the

degree of

compliance

The rationale upon which the

assessment has been made

(including references to data

sources when available)

Differences which exist between

the different types of sectors, size of



and the rationale

1999/92/EC

(ATEX)

Rather low No specific statistic data on

degree of compliance are

available, but the accidents

in mines and weapons

storage facilities continue to

happen (03.07.2008

Chelopech, 28.09.2008,

Bobovdol mines, 05.06.2012,

Marash, 10.04.2013,

Bobovdol mines).

Report of GLIEA, 2008: At the visits in

enterprises of manufacturing

explosives, the labour inspectors

convinced the employers that the

risk assessments had been made

only formally and they did not

reflect the specific risks in the

production of industrial explosives.

In fulfilment of the given

prescriptions, the employers issued

orders with fixed deadlines and

responsible persons to make new

risk assessments, identifying the

specific risks, on the basis of which

programmes will be developed,

setting measures for ensuring

occupational safety and health in

real fact.

Council

Directive

89/656/EEC

(PPE)

30 to 36 The percentage is

representative for the

assessment of need of PPE in

establishments according to

employers (30%) and OSH

officer (36%), quoted in [75]

For employers it varies between 3%

(Finances and insurances) and 63%

(Construction), while for OSH

officers it is between 9% (Finances)

and 67% (Construction).

Directive

2003/10/EC

(noise)

Not satisfactory More than 14% of employees

in Bulgaria claim to be

exposed to noise more than

50% of working time [75]

Workers of sectors “Mining and

extraction”, “Construction”,

“Manufacturing” and “Education”

claim to be the most exposed. The

measurements of noise level give

objective data for sectors “Mining

and extraction”, “Manufacturing”

and “Energy production”. The

“Education” is missing due to

legislation imperfection – the levels

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Common Processes

and mechanisms

(individual Directives)

Criteria/indicator to

guide the assessment

Directive nr. Assessment of the

degree of

compliance

The rationale upon which the

assessment has been made

(including references to data

sources when available)

Differences which exist between

the different types of sectors, size of



and the rationale

are specified in the way that

“Education” cannot be classified as

with “high exposure to noise”.

Directive

2009/148/EO

(asbestos)

Not satisfactory In 2014 it has been agreed to

create a National asbestos

profile, aiming to provide

information on import,

production, use, of asbestos

containing materials,

exposure of workers and

illnesses, due to such

exposure and to serve as a

basis for elaboration of a

National programme for

elimination of illnesses due to

asbestos. [80]

Council

Directive

92/104/EEC

(surface and

underground

mineral-

extracting

industries)

Not satisfactory Accidents in mines happen

relatively often (GLIEA reports,

[79]) which has induced large

scope inspection in mines in

2013 [78].

According to [75], Mining and

quarrying is the second risky

sector in Bulgaria.

The GLIEA inspections [78] have

shown that the majority of

infringements and malpractices

are related to non-enforcement of

OSH conditions (20%) and safety of

equipment and processes (66%).

Much smaller is the share of

unsatisfactory hygiene of work

conditions (9%).

Table 3- 3 Degree of compliance: Key requirements

Result from interviews with stakeholders:

Representative from Labour Inspectorate: “There are no statistics/data available per sector or per directive. In Bulgaria there will be an electronic

informational system that will help in organizing the inspections, keeping records of sanctions, etc., per both sectors and directives (transposed in national

legislation), but this system is currently under development.”

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Directive Key

requirement

(Directive

specific)

Estimate of

degree of

compliance


(including references to data sources when available)



establishment (micro/SMEs/large) and

sectors of economic activity and the

rationale for those differences

No data

available

3.2 APPROACHES TO COMPLIANCE

The second question complements the first sub-question in that aims to answer the question of to what extent can potential differences in the degrees of

compliance observed as between private undertakings and public sector bodies, various sizes of companies, etc. be attributed to different approaches to

compliance.

In Bulgaria, there are annual programs which outline all inspections and prioritisations, and these inspections are planned and organised according to the

results of the risk assessment for the specific sectors. Integrated inspection is prevalent in the control of enterprises. Inspectors are usually allocated to

different economic sectors according to their education. Stakeholders are involved in the forming of the compliance approach and its further development

SMEs are usually quite weak in corporate policy and management of OSH, while large establishments do not have significant problems with covering OSH

requirements, as they have foreign investors, and human and financial resources to cover the OSH requirements.

Table 3- 4 Approaches to compliance

Question Answer Observed differences which exist between the

different types of sectors, size of establishment

(micro/SMEs/large) and sectors of economic activity

What approach has been adopted?

Is it systematic?

Based on the Annual Programs of GLIEA the inspections are

planned and organised according to the results of the risk

assessment for the specific sectors. Integrated inspection is

prevalent in the control of enterprises i.e. the controlling

inspector performs inspection on all matters related to safe and

healthy working conditions. After the first inspection which is

aiming at an overview of the work in the establishment,

recommendations for corrective actions follow in case

GLIEA have adopted the prevention approach to

SME.

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irregularities have been indicated. Recommendations are

accompanied by a deadline. The next inspection should not be

later than a month after the deadline. If another irregularity is

indicated the inspector writes a report and sends it to the

Prosecution Office. They take a decision about the sanctions for

the establishment.

During the interviews with stakeholders, the representative of

the Labour Inspectorate indicated that they have annual

programs which outline all inspections and prioritisations, which

are based on declarations that are sent by each employer

(according to Art. 15 of the Law on Health and Safety at Work

every employer is obliged so send in such a declaration). The

Inspectorate identifies establishments for inspections by

prioritising the risk.

What are the key characteristics of

the approach?

Inspections are performed annually.

Usually inspectors are allocated to different economic sectors

according to their education (which means that inspectors are

recruited and trained according to the requirements of specific

sectors). In addition, under the Occupational Safety and

Control Activity Analysis Directorate, a unit was set up

specifically to deal with the high risk work places throughout the

country including mines, quarries, big chemical and metallurgic

enterprises, etc.

During the interviews with stakeholders, most

representatives indicated that, in large

establishments, the problems with covering OSH

requirements are not significant in most cases. They

have foreign investors, human and financial resource

to cover OSH requirements. This is not the case with

SMEs. They have difficulties to fulfil those requirements.

GLIEA makes their inspections per sector – they focus

on the risk manufacturing industries.

What are the criteria upon which

priorities for compliance measures

are set?

Risk. High level of traumatism and injuries.

Components of risk assessment for the inspections:

- Size of the enterprise;

- Characteristics of the processes and products (e.g. use

of hazardous chemicals substances or potentially

dangerous equipment, etc.);

- Tendencies in accidents;

- Tendencies in labour disputes;

- Lack of trade unions;

- Lack of advisory committees (committees on working

conditions);

According to GLIEA in SMEs there are usually more

weaknesses in corporate policy and management of

OSH.

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- Work arrangements (workers with contracts, part-time

workers or working on a specific task, working at

home);

- Profile of workers (unqualified, women, young workers,

migrating).

Are stakeholders (employees and

their representatives) involved in the

forming of the compliance approach

and its further development?

Yes. The employees’ representatives have to be nominated

and elected in accordance with the provisions of Article 6 of

the Labour Code.

In all establishments with 50 or more employees,

Safety and Health at Work Committees have to be

established. In establishments with fewer than 50

employees, Safety and Health at Work groups are

required to be established (the main difference

between the Safety and Health at Work Committee

and the Safety and Health at Work group is in the

number of people involved). Legislation requires an

equal number of representatives of the employees

and the employer in the Committees, but the total

number should not exceed ten members. Employee

representatives may include leaders of the respective

trade unions in the enterprises, or employees

nominated and elected by the workforce. The

mandate of the employees’ representatives is fixed

and is four years.

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4 MAPPING QUESTION 4: ACCOMPANYING ACTIONS THAT SUPPORT THE

RESPECT OF THE RULE

The following types of accompanying documents/actions relating to OSH legislation are covered:

Guidance documents (through decisions and other soft measures, guidelines);

Awareness-raising campaigns;

Support tools (possibly IT based); and

Financial incentives i.e. tax benefits or possibility to offer reduction of insurance premium to

reward organisations for going beyond the legal requirements

Education and training actions.

Please note that accompanying measures targeted specifically at SME and micro-enterprises are also

covered under Section 7.

In Bulgaria, there are a good amount of accompanying actions, consisting in leaflets, brochures,

campaigns, projects, e-learning, guidelines, strategies, etc., which strive to support companies in

implementing OSH requirements in an efficient manner. However, most of the actions accompany the

Framework Directive, and there is on average only one or two accompanying actions per individual

directive – except for Directive 92/57/EEC (temporary or mobile construction sites).

Especially the actions from GLIEA are seen as very useful by OSH stakeholders. Bulgarian

enterprises make good use of the existing guidance documents, although some of the accompanying

actions are seen as too detailed or not sufficiently directed to SMEs. Awareness campaigns and IT

support tools are considered to be very effective and particularly useful.

One financial incentive praised by stakeholders is the Working Conditions Fund, which provides funds

for training of employers, members of trade unions, members of committees and groups on working

conditions and specialists in health and safety at work in enterprises.

Actions specifically directed to SMEs and certain sectors are still requested, as there is a strong need

of new instructions and guidelines for the different sectors as the existing ones are quite old and are

not relevant to reality.

4.1 EXISTING ACCOMPANYING ACTIONS

This sub-section identifies the relevant accompanying documents/actions as described above.

Directive 89/391/EEC (Framework Directive)

Project "Prevention for Safety and Health at Work": project aiming at the improvement of

working conditions, occupational and health status of the workforce in enterprises in the

Republic of Bulgaria. http://projects.gli.government.bg/. There are a couple of elaborated

documents within the project like:

o Research on work conditions in Bulgaria;

o Profiles of OSH for different economic sectors;

o Management models for OSH activities for different economic sectors;

o Codes of best practices, technical rules/guidelines;

o Practical tools for risk assessment at work.

National Guidelines on OSH 2002-2006: national document aiming to introduce the EU

principles, standards and practices to ensure safety and health management organization of

http://projects.gli.government.bg/

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work and labour relations on the basis of modern legislation.

https://osha.europa.eu/fop/bulgaria/bg/systems/strategies/nasoki.doc

National Strategy on OSH 2008-2012 www.mlsp.government.bg/bg/docs/strategia-BZR.doc

Evaluation of professional risk – part I and II (book publication) by assoc. prof. Evgeni

Evgeniev, PhD eng. Boyka Slavova and PhD Virginia Kucarova: the books present an

approach to occupational risk assessment in the workplace, applicable in different fields of

work. [not available on line]

SAFESTART: eLearning on OSH. The project is part of the program “Leonardo da Vinci”

and leaded in Bulgaria by BIA. http://www.bia-bg.com/project/about/14

Program OiRA: program for risk assessment per economic sector: there are 6 instruments for

risk assessment which are already available on line and GLIEA is still working on another 24

instruments. https://osha.europa.eu/en/teaser/new-online-risk-assessment-tools-published-in-

bulgaria

“Safe Work” Project: part of the Operational Program “Human Resource Development” of the

EU. http://www.eufunds.bg/bg/page/58?programme=5&status=2&id=611

Project “Support for Decent Work”: electronic platform for distance learning on OSH; 37

information offices for consultation and information have been established

http://dostoentrud.podkrepa.org/portal/page/home.faces

Health, Safety and Environment in the work place, Confederation of the Independent Trade

Unions of Bulgaria, Project 2008/108471 with the support of the Government of Norway,

http://www.hse-

bg.org/index.php?option=com_content&view=article&id=2&Itemid=2&lang=bg

Guidance to the development of a system for managing health and safety at work

(http://www.efbww.org/pdfs/BG_Health&Safety_(low).pdf )

Mincheva L, Vangelova K. Shift and night work. Problems and decisions. Guidance, National

Fund Working Conditions, MLSA, Sofia, 2007, ISBN 978-954-90826-9-2, 237 pp (in Bg)

Mincheva L., Stanchev V. Leading risks for health of hair dressers. Guidance. National Fund

Working Conditions, MLSA, Sofia, 2012, 167 pp (in Bg)

Federation of the independent trade unions of agriculture. Training of the federation’s

members on OSH (16-18 October 2013), http://www.fnsz.org/new/

Project “My first workplace” (educational tool), http://mfwp.labour-bg.net/

Project BG051PO001- 2.3.01 “Prevention for Health and Safety at Work”, Sofia, 2012,


NIR: “The following guidelines for risk assessment in small and medium-sized enterprises

have been developed and distributed through the Working Conditions Fund: Assessment of

the risk of neuropsychic stress, Assessment of the risk of stumbling, slipping or fall from a

height; Assessment of the risk from chemical substances; Assessment of the use of machines

and working equipment; and ‘Leading dangers for health and safety at work for hairdressers’

guide. Additionally, information materials for the main risks at work aimed at vulnerable

groups of employees (young workers, elderly workers and workers at SMEs) have been

developed.” For more information on how MS and social partners have taken specific

measures to support SMEs in implementing the Directives, please see NIR 2013.90

Statistical system “Accidents at work” (СТАТИСТИЧЕСКА СИСТЕМА "Трудови

злополуки"). The statistical system is designed to define and classify characteristics of the

work accidents from the Declaration for accidents at work. It includes the general

methodology of the system and detailed classifications. 91

90 See National Implementation Report, Part A, Section I, 2.1, (EN) p. 22. 91http://www.nsi.bg/bg/content/8/basic-

page/%D1%81%D1%82%D0%B0%D1%82%D0%B8%D1%81%D1%82%D0%B8%D1%87%D0%B5%D1%81%D0%BA

%D0%B0-%D1%81%D0%B8%D1%81%D1%82%D0%B5%D0%BC%D0%B0-

%E2%80%9E%D1%82%D1%80%D1%83%D0%B4%D0%BE%D0%B2%D0%B8-

%D0%B7%D0%BB%D0%BE%D0%BF%D0%BE%D0%BB%D1%83%D0%BA%D0%B8%E2%80%9D [BG only]

https://osha.europa.eu/fop/bulgaria/bg/systems/strategies/nasoki.doc

http://www.mlsp.government.bg/bg/docs/strategia-BZR.doc

http://www.bia-bg.com/project/about/14

https://osha.europa.eu/en/teaser/new-online-risk-assessment-tools-published-in-bulgaria

https://osha.europa.eu/en/teaser/new-online-risk-assessment-tools-published-in-bulgaria

http://www.eufunds.bg/bg/page/58?programme=5&status=2&id=611

http://dostoentrud.podkrepa.org/portal/page/home.faces

http://www.hse-bg.org/index.php?option=com_content&view=article&id=2&Itemid=2&lang=bg

http://www.hse-bg.org/index.php?option=com_content&view=article&id=2&Itemid=2&lang=bg

http://www.fnsz.org/new/

http://mfwp.labour-bg.net/


http://www.nsi.bg/bg/content/8/basic-page/%D1%81%D1%82%D0%B0%D1%82%D0%B8%D1%81%D1%82%D0%B8%D1%87%D0%B5%D1%81%D0%BA%D0%B0-%D1%81%D0%B8%D1%81%D1%82%D0%B5%D0%BC%D0%B0-%E2%80%9E%D1%82%D1%80%D1%83%D0%B4%D0%BE%D0%B2%D0%B8-%D0%B7%D0%BB%D0%BE%D0%BF%D0%BE%D0%BB%D1%83%D0%BA%D0%B8%E2%80%9D





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Council Directive 89/654/EEC (workplace)

National Program on OSH (2009, 2010, 2011, 2012)

http://www.mlsp.government.bg/bg/docs/indexprograms.htm

Health promotion in the workplace by NCPHA. [There is no access to the content of the

document]

Directive 2009/104/EC (work equipment)



OP “Development of Human resources - Request for Proposals for Projects under scheme

BG051PO001-2.3.02 “Safe work”: the program aims at analysis of work organization,

modernization of work equipment and means of protection, as well as training of employees in

the context of introduction of the new work equipment and technologies

http://ophrd.government.bg/view_doc.php/5374

National campaign on prevention of occupational injuries, Information leaflet on rights and

obligations under BG051PO001 - 2.3.01 "Prevention on Safety and Health at Work”

http://www.riokoz-vt.com/BroshuraTrudovTravmatizum.pdf

Council Directive 92/58/EEC (OSH signs)

Symbols, signs and signboards on safety and healthcare at work: handbook on OSH signs

http://www.eurodist.biz/statii/znaci%20i%20simvoli.pdf

Council Directive 90/269/EEC (manual handling of loads)

National campaign on prevention of occupational injuries, Information leaflet on rights and

obligations under BG051PO001 - 2.3.01 "Prevention on Safety and Health at Work”


Council Directive 90/270/EEC (display screen equipment)

Guidelines for the assessment of psychosocial risk at work by the NCPHA [not available on

line]


BG051PO001 - 2.3.01 "Prevention on Safety and Health at Work”: project aiming to 1)

Provide current information about the working conditions in the country; 2) Manage

occupational and health risks in enterprises; 3) Increase motivation for safe work culture and

prevention of workplace risks by giving of information and best practices.


Campaign on ”Healthy jobs 2010 - 2011” focused on the issue of safe maintenance. Its aim is

to raise awareness on the importance of maintenance in European workplaces, and the risks

resulting from improper occurred. The campaign in Bulgaria refers to physical risks, including

vibration https://osha.europa.eu/bg/campaigns/hw2010/get-involved

Directive 2003/10/EC (noise)

Leaflet “Decrease the risk of noise at work”: campaign for European week on safety and

health at work 2005 http://mengineer-bg.com/documents/documenti/inform_lista/FS_59_BG-

web.pdf

Directive 2004/40/EC (electromagnetic fields)

Electromagnetic fields (EMF) – environmental safety and working conditions: training

material of an ICT project http://www.hiz.hr/icttrain/bg/trainings/01/11.html

Electromagnetic fields: Biological effects of permanent and time varying electric and

magnetic fields, intl. WHO project [International project, NCPHA and WHO. No access to the



http://ophrd.government.bg/view_doc.php/5374


http://www.eurodist.biz/statii/znaci%20i%20simvoli.pdf



https://osha.europa.eu/bg/campaigns/hw2010/get-involved

http://mengineer-bg.com/documents/documenti/inform_lista/FS_59_BG-web.pdf

http://mengineer-bg.com/documents/documenti/inform_lista/FS_59_BG-web.pdf

http://www.hiz.hr/icttrain/bg/trainings/01/11.html

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content of the project.]

Directive 2006/25/EC (artificial optical radiation)



Council Directive 98/24/EC (chemical agents at work)

Guidance on Classification and Labelling of Chemicals: The guide reflects the requirements of

the Bulgarian legislation with respect to the classification, packaging and labelling of

chemicals, implements the requirements of the European Union in the field of chemicals.

http://www.umweltbundesamt.at/fileadmin/site/umweltthemen/chemikalien/BG_C___L_guida

nce_manual.pdf

Policy of the National Federation “Chemistry and Industry”, program on OSH,

http://www.nft-

chemical.eu/index.php?option=com_content&view=article&id=231&Itemid=48

Directive 2009/148/EC (asbestos)



Guidance on the implementation of legislation to minimize the risk of occupational exposure

to asbestos by NCPHA: I. Study materials for asbestos; II. Risk assessment of exposure to

asbestos; III. Determination of activities occasional and low intensity exposure to asbestos

http://ncphp.government.bg/pechat/130-

%D0%B0%D0%BD%D0%B0%D0%BB%D0%B8%D1%82%D0%B8%D1%87%D0%BD%

D0%B8-

%D0%BB%D0%B0%D0%B1%D0%BE%D1%80%D0%B0%D1%82%D0%BE%D1%80%D

0%BD%D0%B8-

%D0%B4%D0%B5%D0%B9%D0%BD%D0%BE%D1%81%D1%82%D0%B8

Directive 2000/54/EC (biological agents)

A Survey of the Methodology for the Assessment of Human Exposure to Biocidal Products by

NCPHA [not available on line]

Directive 92/57/EEC (temporary or mobile construction sites)

National Program on OSH (2010, 2011)


IF pick up and carry load – keep your back (instructions and exercises), NCPHA,

http://ncpha.government.bg/files/buro-exerc.pdf

Federation of the independent trade union on constructions, OSH (guideline and information

provision) http://www.fnss-

bg.org/%D0%B1%D0%B5%D0%B7%D0%BE%D0%BF%D0%B0%D1%81%D0%BD%D0

%B8-%D0%B8-

%D0%B7%D0%B4%D1%80%D0%B0%D0%B2%D0%BE%D1%81%D0%BB%D0%BE%

D0%B2%D0%BD%D0%B8-

%D1%83%D1%81%D0%BB%D0%BE%D0%B2%D0%B8%D1%8F-%D0%BD%D0%B0-

%D1%82/

Federation of the independent trade union on constructions, OSH (trainings and workshops),

http://www.fnss-

bg.org/%D0%BE%D0%B1%D1%83%D1%87%D0%B5%D0%BD%D0%B8%D1%8F-

%D0%B8-


http://www.umweltbundesamt.at/fileadmin/site/umweltthemen/chemikalien/BG_C___L_guidance_manual.pdf

http://www.umweltbundesamt.at/fileadmin/site/umweltthemen/chemikalien/BG_C___L_guidance_manual.pdf

http://www.nft-chemical.eu/index.php?option=com_content&view=article&id=231&Itemid=48

http://www.nft-chemical.eu/index.php?option=com_content&view=article&id=231&Itemid=48


http://ncphp.government.bg/pechat/130-%D0%B0%D0%BD%D0%B0%D0%BB%D0%B8%D1%82%D0%B8%D1%87%D0%BD%D0%B8-%D0%BB%D0%B0%D0%B1%D0%BE%D1%80%D0%B0%D1%82%D0%BE%D1%80%D0%BD%D0%B8-%D0%B4%D0%B5%D0%B9%D0%BD%D0%BE%D1%81%D1%82%D0%B8







http://ncpha.government.bg/files/buro-exerc.pdf

http://www.fnss-bg.org/%D0%B1%D0%B5%D0%B7%D0%BE%D0%BF%D0%B0%D1%81%D0%BD%D0%B8-%D0%B8-%D0%B7%D0%B4%D1%80%D0%B0%D0%B2%D0%BE%D1%81%D0%BB%D0%BE%D0%B2%D0%BD%D0%B8-%D1%83%D1%81%D0%BB%D0%BE%D0%B2%D0%B8%D1%8F-%D0%BD%D0%B0-%D1%82/







http://www.fnss-bg.org/%D0%BE%D0%B1%D1%83%D1%87%D0%B5%D0%BD%D0%B8%D1%8F-%D0%B8-%D1%81%D0%B5%D0%BC%D0%B8%D0%BD%D0%B0%D1%80%D0%B8/



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%D1%81%D0%B5%D0%BC%D0%B8%D0%BD%D0%B0%D1%80%D0%B8/NIR92: “A

Guideline for Work at Height was developed in support of the employees and officials

involved in ensuring health and safety at work, mostly in SMEs”,

ec.europa.eu/social/BlobServlet?docId=2463&langId=bg

BIA et all, Safestart.eu, Lifelong Learning programme, IT tool on legislation, best practices

and self-training, old.bia-bg.com/.../MlW-

gRWXM1SvMROrQFWfcJSvYJODM1e3M1azYJK- Qte3g1ebQ5ebU1eLQhaPI1m7cpivgl

KT Podkrepa, Varna, Guidelines for good practice in the provision of the OSH at

workstations, http://podkrepa-varna.org/preview_dobriloshipraktiki.php?id=3

ISSA, in partnership with GLIEA, http://bozpinfo.cz/priloha/issaslippingfallingbulgarian.pdf

Council Directive 92/104/EEC (surface and underground mineral-extracting industries)



Profile for SHW for economical activity “Extraction of coal, minerals and raw materials” –

http://projects.gli.government.bg

Council Directive 92/91/EEC (mineral-extracting industries through drilling)

Profile for SHW for economical activity “Extraction of coal, minerals and raw materials” –

http://projects.gli.government.bg

Council Directive 92/29/EEC (medical treatment on board vessels)

National Program on OSH (2011)


Working conditions in the social dialog of the harbours, http://www.stsb.bg/usloviyata-na-

trud-vlizat-v-sotsialniya-dialog-na-pristanishtata/

Council Directive 93/103/EC (work on board fishing vessels)



Council Directive 92/85/EEC (pregnant/breastfeeding workers)



Council Directive 91/383/EEC (temporary workers)



Special measures for improving OSH for fixed-duration or temporary employment

relationship according to EU and Bulgarian Legislation by Janet Bogomilova (lawyer), [not

available on line]

For each identified document/action, the table indicates:

The name of the action

The type of accompanying action: guidance (G)/awareness-raising programme (AR)/support

tool (IT) financial incentive (FI)/ education and training actions (ET);

The entity who initiated it: authorities (A)/social partners (SP);

The target groups of the action: specific sectors, specific groups, SMEs.

92 See National Implementation Report, Part A, Section II, (EN) p.83.


http://podkrepa-varna.org/preview_dobriloshipraktiki.php?id=3

http://bozpinfo.cz/priloha/issaslippingfallingbulgarian.pdf





http://www.stsb.bg/usloviyata-na-trud-vlizat-v-sotsialniya-dialog-na-pristanishtata/

http://www.stsb.bg/usloviyata-na-trud-vlizat-v-sotsialniya-dialog-na-pristanishtata/




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Table 4- 1 Accompanying Actions

Name Type Initiated by (and date) Target groups


Project "Prevention for

Safety and Health at

Work"

G., A., A Employers,

representatives, SME

National Guidelines on

OSH 2002-2006 G. A, 2002 Authorities, SP

National Strategy on

OSH 2008-2012 G. A, 2007 Authorities, SP

Evaluation of

professional risk – part I

and II (book

publication)

IT, ET A, SP, 2011 Employers, authorities,

representatives

SAFESTART Program IT SP Employers, authorities,

representatives

Program OiRA IT A Employers, authorities,

OH Services, etc.

Project “Safe Work” G A Employers, Workers

Project “Support for

Decent Work” G, IT SP Workers

Health, safety and

environmental

conditions in Bulgaria

IT, ET SP Workers

Managing health and

safety at work G. SP Employers

Project “My first

workplace” IT, ET SP Workers


National Program on

OSH G.

2009

2010

2011

2012

All stakeholders.

Health promotion in the

workplace / A /


National Program on

OSH G.

A,

2010

2011

2012

All stakeholders

OP “Development of

Human resources -

Request for Proposals

for Projects under

scheme BG051PO001-

2.3.02 “Safe work

FI for ET MTSPMTSP, European

Social Fund, 2011

Business leaders,

employees

representatives

Council Directive 89/656/EEC (PPE)

National campaign on

prevention of

occupational injuries,

Information leaflet on

rights and obligations

under BG051PO001 -

2.3.01 "Prevention on


Work

AR MZ, ESF

Employers,

Business managers,

Workers representatives,

Employees,


Symbols, signs and

signboards on safety

and healthcare at work

G. Eurodist, eng. Ognyan

Petrov All stakeholders

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No action identified - - -


National campaign on

prevention of

occupational injuries,

Information leaflet on

rights and obligations

under BG051PO001 -

2.3.01 "Prevention on


Work

AR MZ, ES

Employers,

Business managers,

Workers representatives,

Employees,


Guidelines for the

assessment of

psychosocial risk at

work by the NCPHA

G. A

Institutions;

Employees;

SP


BG051PO001 - 2.3.01

"Prevention on Safety

and Health at Work

ST, AR A, 2001

Business leaders ;

Employees ;

Institutions and

organizations exercising

control over working

conditions;

SP; prevention advisors

Campaign on ”Healthy

jobs 2010 - 2011” AR A, 2010 Wide audience


Leaflet “Decrease the

risk of noise at work”

Campaign for European

week on safety and

health at work 2005

AR 2005


Electromagnetic fields

(EMF) - environmental

safety and working

conditions

AR, IT / Employers, SP

Electromagnetic fields:

Biological effects of

permanent and time

varying electric and

magnetic fields-intl.

WHO project

/ / /


National program on

OSH G.

A, 2009

2010

2011

2012

All stakeholders.

Directive 2004/37/EC (carcinogens or mutagens)

No action identified


Guidance on

Classification and

Labelling of Chemicals

G. A. 2007 Producers

Inspectors

Program on the policy

of the National

Federation “Chemistry

and Industry” on OSH

IT SP Workers


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National Program OSH

G.

A,

2010

2011

2012

All stakeholders

Guidance on the

implementation of

legislation to minimize

the risk of occupational

exposure to asbestos

G. A, /

Employers,

representatives


A Survey of the

Methodology for the

Assessment of Human

Exposure to Biocidal

Products

IT A. All stakeholders

Council Directive 92/57/EEC (temporary or mobile construction sites)

National Program on

OSH G

A, 2010

2011 All stakeholders

IF pick up and carry

load – keep your back AR, IT A Workers


Profile for SHW for

economical activity ST A, 2013

Social Partners – Branch

Organizations

National Program on

OSH

G.

A,

2009

2010

2011

2012

All stakeholders


Profile for SHW for

economical activity ST A, 2013

Social Partners – Branch

Organizations


National Program on

OSH G A, 2011

All national

stakeholders

Working conditions in

the social dialog of the

harbours

G A All stakeholders


Nation Program on OSH G A, 2010

All national

stakeholders.


Nation Program on OSH G. A, 2010

All national

stakeholders


National Program on

OSH G A, 2012

All OSH stakeholders on

National level.

Special measures for

improving OSH for

fixed-duration or

temporary employment

relationship according

to EU and Bulgarian

Legislation.

ST (no date available) Lawyers, employers, SP

Council Directive 94/33/EC (young people at work)

Trade Unions and young

people at work ST SP, 2005 SP, employers

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4.2 USE OF ACCOMPANYING ACTIONS

Most of the accompanying actions are identified by stakeholders as useful, particularly actions leaded

by GLIEA and projects of the Operational Program “Human Resources” of the EU. Project

BG051PO001- 2.3.01 “Prevention for Health and Safety at Work”, Sofia, 2012 coordinated by GLIEA

produced many supporting tools, guidelines, code for good practices, etc. There are a couple of

elaborated documents, which are very useful:

Research on work conditions in Bulgaria;

Profiles of OSH for different economic sectors;

Management models for OSH activities for different economic sectors;

Codes of best practices, technical rules/guidelines;

Practical tools for risk assessment at work.

Bulgarian enterprises make good use of the existing guidance documents, although it must be

mentioned that some accompanying actions are too detailed or complicated to be directly used in small

and microenterprises, while the share of those establishments is about 98% with 53% of employees93.

The development of simplified guidance documents has been outlined in [75].

The awareness campaigns have definitely had a positive impact on the behaviour of establishments –

according to the data of a seller of PPE, the turnover increases every time when large information

campaigns have been organised and especially after a systematic training of employers and/or OSH

officers from enterprises has been performed.

IT support tools are considered to be very useful for some sectors (e.g. information and

communication; financial and insurance services) but only contribute to a limited degree in other

sectors. – In the manufacturing sector, only 28% of employees use their computer daily and only

19,8% use Internet and e-mails on a daily basis [75]. As a whole, the level of computer use in Bulgaria

is lower than the average for EU countries (only 55% of people).94

Results from interviews with stakeholders:

NGO representative: “Those documents are especially useful for SMEs which do not have

their own specialist on OSH. A second project, BG051PO001-2.3.02-0068-C0001 on Safe

work conditions, has changed the attitude of several companies participating in the project, by

analyzing their present state on OSH issues and by identifying appropriate strategies for

improvement.”

Representative from National Authorities: “The Working Conditions Fund provides funds

for training of employers, members of trade unions, members of committees and groups

working conditions and specialists in health and safety at work in enterprises. Grant projects

for diagnosis of occupational diseases and co-finance projects aiming to solve specific

problems to improve working conditions. Finance also the preparation, printing and

distribution of educational materials and other information - methodologies, guidelines, codes

of "best practices" and other instruments providing alternative solutions for implementing the

legislation and other risks relevant for the different sectors of the economy. With the financial

support of the Fund are held national conferences, meetings, seminars and other events in the

field of safety and health at work. Particular attention is paid to the training of young

entrepreneurs in the management of health and safety at work and the training of workers

93http://ec.europa.eu/enterprise/policies/sme/facts-figures-analysis/performance-review/files/countries-

sheets/2013/bulgaria_bg.pdf 94 http://www.itninews.com/newsit.php?readmore=3427

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associated with risks in the company, their prediction and prevention.

Supporting SME by the Fund the following supporting tools and guidance have been

established and distributed: Programs for risk assessment of SME; Guidelines for risk

assessment in SME (Risk assessment of neuro-psychological strain; assessing the risk of

tripping, slipping and falling from a height; Risk assessment of chemical agents; Guide

"Leading threats to health and safety at work of hairdressers").

With the resources of the Fund during the period 2007-2012 the implementation of 157

projects of individual companies, including SMEs have been supported, in sectors: machinery,

light industry, chemical industry, food industry, trade, health and others. The labour

conditions of 13,978 workers have been improved, 43,570 workers have been trained.

Contracts have been signed with five hospitals to finance activities in the diagnosis of

occupational diseases and to perform group medical examinations of employees from

hazardous economic activities. 6130 workers have been diagnosed.”

4.3 GAPS


Representative from Social partners (employers) industry: “The focus of the actions is on SMEs,

because there is a dominant group of enterprises present in Bulgaria and OSH measures are sometimes

not affordable for those companies. Additional actions/documents should therefore be developed.

Moreover, there is a strong need of new instructions and guidelines for the different sectors as the

existing ones are quite old and are not relevant to reality.” SMEs need to spend money on OSH which

is difficult for them both from financial and human resource point of view. Some of the requirements

are not relevant to the activities of a SME – for example if those enterprises are not manufacturing

units. All of them should have a contract with OSH no matter what they do and no matter they have

health insurances which cover the preliminary examinations.

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5 MAPPING QUESTION 5: ENFORCEMENT

The following section provides information on enforcement of the 24 directives. It describes the

structure in place for enforcement.

In Bulgaria, the main authorities in charge of OSH legislation enforcement are the Ministry of Labour

and Social Policy, the Ministry of Health, and the General Labour Inspectorate Executive Agency

(GLIEA). They cover all directives, both in the private and the public sector.

With regard to inspections, the goal is to reduce the number of injuries at work and to increase the

number of inspected establishments. The priorities of enforcement are mainly laid down in the Plan for

activities of GLIEA for the period 2008-2012, the European Strategy for Health and Safety at Work

2007-2012, the OSHA Strategy 2009-2013, and the Program 2007-2013 of the European Social Fund.

Structure for enforcement

The table below provides a list of the bodies in charge of enforcement in the Member State, by

Directive if applicable.

Table 5- 1 Enforcement authorities

Name Type of authority


Ministry of Labour and Social Policy (MTSP) Ministry

Ministry of Health (MZ) Ministry

General Labour Inspectorate Executive Agency (GLIEA) Inspectorate


MTSP Ministry

MZ Ministry

GLIEA Inspectorate


MTSP Ministry

MZ Ministry

GLIEA Inspectorate


MTSP Ministry

GLIEA Inspectorate


MTSP Ministry

GLIEA Inspectorate


MTSP Ministry

MI Ministry

GLIEA Inspectorate


MTSP Ministry

GLIEA Inspectorate

MZ Ministry


MTSP Ministry

MZ Ministry

GLIEA Inspectorate


MTSP Ministry

MZ Ministry

GLIEA Inspectorate

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MTSP Ministry

MZ Ministry

GLIEA Inspectorate


MTSP Ministry

MZ Ministry

GLIEA Inspectorate


MTSP Ministry

GLIEA Inspectorate

MZ Ministry


MTSP Ministry

MZ Ministry

GLIEA Inspectorate


MTSP Ministry

MZ Ministry

GLIEA Inspectorate


MTSP Ministry

MZ Ministry

GLIEA Inspectorate


MTSP Ministry

MZ Ministry

GLIEA Inspectorate


MTSP Ministry

Ministry of Regional Development Ministry

GLIEA Inspectorate


MTSP Ministry

Ministry of Economy and Energy Ministry

GLIEA Inspectorate


MTSP Ministry

MZ Ministry

GLIEA Inspectorate


Ministry of Transport, Information Technology and

Communications Ministry

MZ Ministry

Executive Agency “Maritime Administration” Inspectorate


Council of Ministries

Ministry of Transport, Information Technology and

Communications Ministry

Executive Agency “Maritime Administration” Inspectorate

GLIEA Inspectorate


MTSP Ministry

MZ Ministry

GLIEA Inspectorate

Ministry of Economy and Energy Ministry

Ministry of Finances Ministry


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MTSP Ministry

GLIEA Inspectorate


MTSP Ministry

MZ Ministry

GLIEA Inspectorate

In addition, information is provided on any interactions between the enforcement bodies listed above.

According to article 54 of the Law on OSH, the overall control of activities related to health and safety

at work is to be ensured by the MTSP. The MTSP is in charge of the coordination between other

governmental bodies.

GLIEA is the main enforcement body, which:

- controls the application of labour relations legislation,

- applies a specialised control on the upholding of the Law on OSH and other laws related to work

conditions and labour relations,

- gives prescriptions to eliminate the identified infringements,

- gives information and advice to employers and employees on methods and measures to be applied

- informs the competent bodies on the gaps in labour legislation.

In case an infringement of OSH legislation is established, the social inspectors draft a formal report

about the infringement. On this basis, administrative sanctions can be adopted or it can be decided, for

example, to take the infringement to court because of the criminal nature of the infringement.

GLIEA implements its activities independently or in collaboration with other state bodies. It might

collaborate with representative organisations of employees and employers, as well as with non-

governmental organisations. GLIEA has 28 territorial labour inspections in each of 28 administrative

regions in Bulgaria.

Inspections

Statistical Information

The table below provides information on the statistical data available in relation to inspections in order

to gain an understanding of the level of enforcement activities in the Member State. Table 5- 2 Inspections statistical data

Number of

labour

inspectors95

Number of

workers per

labour

inspector96

Number of

inspections

per 100.000

workers97

Frequency of

inspections

Comments

Annual report on

GLIEA activities

for 2007

Annual report on

GLIEA activities

for 2008

Annual report on

2007: 383

2008: 249

200998: about

2007: 3223.6

2008: 4783.1

2009: 2892.5

2007: 2752

2008: 3141

2009: 4088

In mines – 4

times per year;

extracting

industries – 2

times per year.

But it can be

more often.

Description of the

scope of the

Authority:

Safety, Health,

Labour Relations

for both

Public and Private

95 National Implementation Report for Bulgaria, Part A, Section I, 1.1, (EN) p. 3. 96 Ibid. 97 Ibid.

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Number of

labour

inspectors95

Number of

workers per

labour

inspector96

Number of

inspections

per 100.000

workers97

Frequency of

inspections

Comments

GLIEA activities

for 2009

Annual report on

GLIEA activities

for 2010

Annual report on

GLIEA activities

for 2011

Annual report on

GLIEA activities

for 2012

456

2010: 352

2011: 337

2012: 334

2010: 3334.9

2011: 4175.2

2012: 4716.9

2010: 2345

2011: 3141

2012: 2752

There is no

relation

between

sanction and

frequency of

inspections.

Sectors;

Main sectors

excluded :

Military, Nuclear,

Radiation,

Off Shore

Strategies for inspection

The box below provides a short description of the strategic documents for enforcement.

Strategic documents for enforcement

Strategy for Safety and Health at Work 2008-2012 (Стратегия за безопасност и здраве при

работа 2008-2012)99

Plan for activities of GLIEA for the period 2008-2012100

National programmes for Safety and Health at Work101

o National programme for Safety and Health at Work for 2009





Annual reports on the execution of National programmes for Safety and Health at Work102

o Annual report on the implementation of National programme for Safety and Health at

Work for 2009


Work for 2010


Work for 2011


Work for 2012


Work for 2013

Annual Operational Plans and Aims of GLIEA103 – define the short and long-term goals of

the Inspectorate and measures proposed after assessment of results from the past period as

well as consultations with social partners

o Annual Operational Plan of GLIEA for 2012



98 No detailed information about the exact number of Inspectors per 2009 is available. 99http://www.strategy.bg/StrategicDocuments/View.aspx?lang=bg-BG&Id=457 100 http://www.gli.government.bg/page.php?c=38&d=303&seek=План за дейността 101 http://www.strategy.bg/StrategicDocuments/View.aspx?lang=bg-BG&Id=457 102 http://www.strategy.bg/StrategicDocuments/View.aspx?lang=bg-BG&Id=457 103 http://www.gli.government.bg/page.php?c=39

http://www.strategy.bg/StrategicDocuments/View.aspx?lang=bg-BG&Id=457




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o Aims of GLIEA for 2012



Annual reports on the execution of Annual Plans and Aims of GLIEA104:

o Annual report on the implementation of Aims of GLIEA for 2011



Annual reports on GLIEA activities105

o Annual report on GLIEA activities for 2007







Specific Inspection Campaigns106

o 2012 Campaign on psychosocial risks at work

o October-November 2010 Hazardous Substances Risk assessment in Enterprises for

Furniture Manufacturing and Chemical Cleaning

o June-September 2011: Safe and sound maintenance

o September - November 2007: Lighter weight

The table below presents how priorities are set within strategic documents for inspections in relation to

the different topics covered by the OSH Directives.

Table 5- 3 Data on enforcement strategy

Priorities set in terms of

size of

companies

targeted

sectors groups or

workers

other criteria

Number of inspected enterprises – to be increased

Number of injuries at work – to be reduced

Priorities set on the basis of

risk assessment result of

inspections

Others

Plan for activities of GLIEA for the period 2008-2012

European Strategy for Health and Safety at Work 2007-2012

OSHA Strategy 2009-2013

Program 2007-2013 of the European Social Fund

104 http://www.gli.government.bg/page.php?c=40 105 http://www.gli.government.bg/page.php?c=40 106 http://www.gli.government.bg/page.php?c=49

https://www.google.bg/url?q=http://www.sheilapantry.com/oshworld/editorial/2012/201203.html&sa=U&ei=I4UlU6ftDcSUtAbH6ID4Bg&ved=0CCsQFjAC&usg=AFQjCNGT8rTSprMY1OwNzudkR472hL99Mw




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Sanctions

The table below presents the type and level of sanctions provided by law for infringements as defined

in the national legislation for each of the Directive covered in the study for both criminal and

administrative sanctions. Only the maximum sanctions are provided.


Representative from trade union: “Most of the cases relate to legal dismissals; compensations;

reinstatement in employment. We have no cases regarding OSH. I guess that there are no complaints

on working conditions and OSH. As a hypothesis I would say that probably such cases are very

difficult to prove but also, as the worker should pay, they probably prefer not to make a claim at all.

Also this may put their job at risk. Work conditions cases go to court only in cases of an accident and

it is again about compensations and financial relations rather than working conditions and OSH.”

Representative from Research sector: “Cases go to court mainly when there is an occupational

accident that resulted in a death or after a big scandal in media. In this case GLIEA and the

Prosecution are triggered. But there is no control on prevention. According to the law, a worker cannot

make any claims concerning OSH irregularities. The possibility is to report to GLIEA which from

their side needs time to react and make an inspection. This does not necessarily need to be a sanction

or go to court, and even if it goes to court the claims can be appealed. As a result the problem is not

solved, the employer will pay the fine, nothing will be changed and the job of the worker will be at

risk or at least there will be pressure at the workplace. The only reasonable thing which can be done is

to terminate your legal relations but for people that is not a choice because they lose their job in an

economic crisis.”

Representative from Labour Inspectorate: “Only 1-2% of the signals for irregularities are for OSH and

in most cases they are not justified. Probably that is why there is not much information on court cases

on OSH and statistics.”

Table 5- 4 Result table – type and level of sanctions

Offence under national

legislation

Criminal sanctions (and quasi-

criminal when relevant) – Types

and levels of penalties

Administrative sanctions – Types



Under Article 55 of the Law on

OSH, individuals who violate the

requirements or not fulfil their

obligations under this Act.

Such offence shall be liable

under articles 413 and 415 of the

Labour Code and other laws

and regulations relevant for the

specific activity.

Art. 413. (1) Unless subject to a

more severe penalty, the fine for

people breaking OSH rules is

from 100 to 500 BGN (or 50 to

250 EUR).

(2) The employer who does not

fulfil his obligations related to

ensure OSH conditions, is subject

to a fine or penalty of 1500 to 15

000 BGN (750 EUR to 7500 EUR),

unless subject to a more severe

sanction, while the official is

subject to a penalty or fine of

1000 to 10 000 BGN (500 to 5000

EUR)

For repeated violation by the Penalty or fine of 20,000 to

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legislation






employer. 30,000 BGN. or approx. 10,000 to

15,000 EUR

When an official fails to perform

its obligations in relation to the

provision of safe and healthy

working conditions, unless

subject to a more severe

punishment.

A fine of 1,000 to 10,000 BGN or

approx. 500 to 5000 EUR. For

repeated violation by the

official, a fine of 2,000 to 20,000

BGN or approx. 1,000 to 10,000

EUR.

Employer who unlawfully

prevents the auditor to carry out

his or her duties.

A pecuniary penalty or a fine of

20,000 BGN or approx. 10,000

EUR, unless subject to a more

severe punishment.

Official who unlawfully prevents

the auditor to carry out his or her

duties.

A fine of 10,000 BGN or approx.

5,000 EUR, unless subject to a

more severe punishment.

Breaking of OSH rules which

might endanger the life or

health of employees

1 to 3 years of imprisonment or

probation, according to article

136 (1) of the Penal code

Breaking of OSH rules which

might endanger the life or

health of employees, due to

negligence

Up to 1 year of imprisonment or

probation, according to article

136 (2) of the Penal code

Infliction of death, grievous and

moderate bodily injury because

of professional negligence

Up to 3 years of imprisonment for

grievous injury or up to 2 years

for moderate injury, according

to article 134 (1) or (2)

Breaking of work discipline by

the workers, according to art.

187 (5) of the Labour Code

Disciplinary sanctions, the

maximum is disciplinary dismissal,

according to article 190 (7) of

the Labour Code

Coercive administrative

measures, such as the

suspension of a machine,

workplace or enterprise when

the violation of OSH rules

endangers workers life and

health. The sanctions can take

the form of recommendations,

instructions or imperative notices

or prohibitions.


The offences and sanctions

formulated for the Framework

Directive apply.




Directive apply.




Directive apply.




Directive apply.


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legislation








Directive apply.




Directive apply.




Directive apply.




Directive apply.




Directive apply.




Directive apply.




Directive apply.




Directive apply.




Directive apply.




Directive apply.




Directive apply.




Directive apply.




Directive apply.

Art. 24. (1) of O9 mines : In each

case of default failure relating to

the safety and health of workers

Disciplinary sanctions: notice of

dismissal or dismissal, according

to the level of the offence

committed.

Art. 24. (2) of O9 mines:

Repeated violation and breach

Disciplinary sanctions:

Disciplinary dismissal

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legislation






of the obligations related to the

safety and health of workers at

the mine is determined as a

serious breach of work discipline

according to art. 190, item 7 of

the Labour Code.




Directive apply.




Directive apply.




Directive apply.




Directive apply.




Directive apply.




Directive apply.

1) The person who admits to

work an individual, who has not

turned 18 years of age, in the

absence of a due permit, shall

be punished by imprisonment of

up to six months and a fine from

BGN 1,000 to 3,000. (Article 192a

Criminal Code)

2) Where the act under

paragraph 1 has been

committed with respect to an

individual who has not turned 16

years of age, the punishment

shall be imprisonment of up to

one year and a fine from BGN

3,000 to 5,000.

3) Where the act under

paragraph 1 has been

committed for a second time,

the punishment shall be

imprisonment of up to one year

and a fine of BGN two thousand

to five thousand, and under

paragraph 2 - imprisonment of

up to three years and a fine from

BGN 3,000 to 8,000.

Enforcement actions

Table 5- 5 Number of infringements and court cases

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Total number of

infringement which

resulted in legal

action107

73833, from which those related to OSH infringements are approximately

31750108

Other data109 on the

number of court cases

specific to OSH issues

in the period 2007-

2012

Year 2007 2008 2009 2010 2011 2012

Total number of

infringements of

labour legislation

and Law on

public health

protection110 82050 79065 99683 89099 101411 258546

Infringement

acts (Number of

Administrative

fines imposed by

GLIEA) 111 3826 4004 4790 5876 8776 19305

Served penal

provisions and

agreements 112 3477 3525 4553 4548 7789 18 269

Number of cases

presented to the

public

prosecutor113 106 212 79 72 59 62

107 As per statistical data of GLIEA, http://www.gli.government.bg/page.php?c=41 108 As per EA CLI estimation, the infringements, related to OSH are approximately 43%, as per National Programme for

2013. The same rate is applied for the period 2007-2012. 109 Same source as above. Data include all infringements of labour legislation, incl. OSH related. The rate of 43% is applied

to calculate the numbers related to breaking of OSH rules only. 110 Same source as above. Data include all infringements of labour legislation, incl. OSH related. The rate of 43% is applied



to calculate the numbers related to breaking of OSH rules only. 113 As per Annual Reports of the Labour Inspectorate (L.I.) to EU. The data are quoted as they are. It is supposed they include

all cases inspected by L.I.

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6 MAPPING QUESTION 6: SPECIFIC GROUPS OF WORKERS

According to Bulgarian stakeholders, vulnerable groups of workers are very well-protected under Bulgarian OSH legislation and the Working Conditions

Fund finances information materials on major risks at work, and targets hereby especially vulnerable groups of workers - young workers, older workers,

workers in small and medium enterprises. There are, however, no specific tools (not being legislation and OSH policy) addressing risk factors for vulnerable

groups, apart from the National programme « Maternity support » 2008-2013 and the scheme «Social innovation in enterprises» 2011-2013

The table 6-1 below provides an overview of the documents, including legislation, strategies, guidelines, roadmaps or plans, as well as other documents

addressing the question of vulnerable groups.

Table 6- 1 Tools addressing risk factors for all vulnerable groups

Document

Targ

et

gro

up

(if a

ny

)

Pre

gn

an

cy

; B

rea

stfe

ed

ing

Me

nst

rua

l d

iso

rde

rs; M

en

op

au

se

Re

du

ce

d p

hy

sic

al c

ap

ab

ilitie

s

Ad

ditio

na

l n

on

-wo

rk a

ctiv

itie

s

Pa

rt-t

ime

jo

bs;

Pre

ca

rio

us

co

ntr

ac

t

Na

tura

l d

ete

rio

ratio

n o

f p

hy

sic

al a

nd

me

nta

l c

ap

ac

itie

s

Lon

ge

r re

co

ve

ry t

ime

Lon

ge

r e

xp

osu

re t

o o

cc

up

atio

na

l

ha

zard

s

Inc

rea

sed

ris

k o

f d

ev

elo

pin

g lo

ng

-

term

or

ch

ron

ic illn

ess

es

or

dis

ab

ilitie

s

Diffe

ren

t risk

s fa

ce

d b

y d

isa

ble

d

wo

rke

rs

Co

mb

ine

d r

isk

s o

f o

cc

up

atio

na

l ri

sk

fac

tors

Less

aw

are

ne

ss o

f th

e r

isk

s a

mo

ng

st

ne

w w

ork

ers

Lac

k o

f a

wa

ren

ess

of lo

ng

-la

ten

cy

oc

cu

pa

tio

na

l d

ise

ase

s

Wo

rk a

rra

ng

em

en

ts

Lan

gu

ag

e b

arr

iers

Fe

ar

of a

uth

ori

tie

s

Lac

k o

f O

SH

tra

inin

g

Lac

k o

f fa

milia

rity

with

th

e w

ork

ing

en

vir

on

me

nt

Labour code114 v v v v v v v v

Ordinance No 3 of 27.07.1998 on the functions of authorised

bodies and specialised services in enterprises, related to

protection and prevention of professional risks. 115

v v v v v v

Ordinance No 5 Of 11 May 1999 On The Procedure, Manner

And Frequency Of Carrying Out Risk Assessment116

v v v v

114 Labour code, 1986 (Кодекс на труда от 1.04.1986 г.) 115 Ordinance No 3 of 27.07.1998 on the functions of authorised bodies and specialised services in enterprises, related to protection and prevention of professional risks. (НАРЕДБА № 3 от

27.07.1998 г. за функциите и задачите на длъжностните лица и на специализираните служби в предприятията за организиране изпълнението на дейностите, свързани със защитата и

профилактиката на професионалните рискове, ДВ No 91 dated 05/08/1998, entry into force: 09/08/1998; Reference: (MNE(2006)55901)

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Document

Targ

et

gro

up

(if a

ny

)

Pre

gn

an

cy

; B

rea

stfe

ed

ing

Me

nst

rua

l d

iso

rde

rs; M

en

op

au

se

Re

du

ce

d p

hy

sic

al c

ap

ab

ilitie

s

Ad

ditio

na

l n

on

-wo

rk a

ctiv

itie

s

Pa

rt-t

ime

jo

bs;

Pre

ca

rio

us

co

ntr

ac

t

Na

tura

l d

ete

rio

ratio

n o

f p

hy

sic

al a

nd

me

nta

l c

ap

ac

itie

s

Lon

ge

r re

co

ve

ry t

ime

Lon

ge

r e

xp

osu

re t

o o

cc

up

atio

na

l

ha

zard

s

Inc

rea

sed

ris

k o

f d

ev

elo

pin

g lo

ng

-

term

or

ch

ron

ic illn

ess

es

or

dis

ab

ilitie

s

Diffe

ren

t risk

s fa

ce

d b

y d

isa

ble

d

wo

rke

rs

Co

mb

ine

d r

isk

s o

f o

cc

up

atio

na

l ri

sk

fac

tors

Less

aw

are

ne

ss o

f th

e r

isk

s a

mo

ng

st

ne

w w

ork

ers

Lac

k o

f a

wa

ren

ess

of lo

ng

-la

ten

cy

oc

cu

pa

tio

na

l d

ise

ase

s

Wo

rk a

rra

ng

em

en

ts

Lan

gu

ag

e b

arr

iers

Fe

ar

of a

uth

ori

tie

s

Lac

k o

f O

SH

tra

inin

g

Lac

k o

f fa

milia

rity

with

th

e w

ork

ing

en

vir

on

me

nt

Ordinance No 3 of 14.05.1996 on instructions of workers and

employees on safety and hygiene at work and fire

protection117

v v v

Ordinance No 5 of 20.04.2006 on health and safety conditions

of workers of temporary and precarious contracts118

v v

Ordinance for a complex evaluation of work conditions, MTSP

and MZ, Minister Council Decree No 169 from 28.08.1991, for

giving a solution to salary related issues.119

v v v v

Ordinance on working time, breaks and leave , last

amendment March 2012.120

v v

Ordinance No 3 of 28.02.1987 on compulsory preventive and

periodical medical checks of workers, last amendment

September 2005121

v v v

v v

116 Ordinance No 5 Of 11 May 1999 On The Procedure, Manner And Frequency Of Carrying Out Risk Assessment (НАРЕДБА № 5 от 11.05.1999 г. за реда, начина и периодичността на

извършване на оценка на риска) 117 Ordinance No 3 of 14.05.1996 on instructions of workers and employees on safety and hygiene at work and fire protection (НАРЕДБА № 3 от 14.05.1996 г. за инструктажа на

работниците и служителите по безопасност, хигиена на труда и противопожарна охрана, ДВ No 44/21/05/1996) Entry into force: 01/07/1996; Reference: (MNE(2006)56047) 118 Ordinance No 5 of 20.04.2006 on health and safety conditions of workers of temporary and precarious contracts НАРЕДБА № 5 от 20.04.2006 г. за осигуряване на здравословни и

vбезопасни условия на труд на работниците по срочно трудово правоотношение или временно трудово правоотношение (ДВ, бр. 43 от 26.05.2006 г., изм. и доп., бр. 19 от 26.02.2013

г.) 119 Ordinance for a complex evaluation of work conditions, MTSP and MZ, Minister Council Decree No 169 from 28.08.1991, for giving a solution to salary related issues. (Наредба за комп-

лексно оценяване на условията на труд, която е издадена на основание чл. 1 от Постановление № 169 на Министерския съвет от 1991 г.) 120 Ordinance on working time, breaks and leaves, last amendment March 2012. (НАРЕДБА ЗА РАБОТНОТО ВРЕМЕ, ПОЧИВКИТЕ И ОТПУСКИТЕ Приета с ПМС № 72 от 30.12.1986

г., Обн. ДВ. бр.6 от 23 Януари 1987г., посл. Изм. ДВ. бр.19 от 6 Март 2012г.)

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Document

Targ

et

gro

up

(if a

ny

)

Pre

gn

an

cy

; B

rea

stfe

ed

ing

Me

nst

rua

l d

iso

rde

rs; M

en

op

au

se

Re

du

ce

d p

hy

sic

al c

ap

ab

ilitie

s

Ad

ditio

na

l n

on

-wo

rk a

ctiv

itie

s

Pa

rt-t

ime

jo

bs;

Pre

ca

rio

us

co

ntr

ac

t

Na

tura

l d

ete

rio

ratio

n o

f p

hy

sic

al a

nd

me

nta

l c

ap

ac

itie

s

Lon

ge

r re

co

ve

ry t

ime

Lon

ge

r e

xp

osu

re t

o o

cc

up

atio

na

l

ha

zard

s

Inc

rea

sed

ris

k o

f d

ev

elo

pin

g lo

ng

-

term

or

ch

ron

ic illn

ess

es

or

dis

ab

ilitie

s

Diffe

ren

t risk

s fa

ce

d b

y d

isa

ble

d

wo

rke

rs

Co

mb

ine

d r

isk

s o

f o

cc

up

atio

na

l ri

sk

fac

tors

Less

aw

are

ne

ss o

f th

e r

isk

s a

mo

ng

st

ne

w w

ork

ers

Lac

k o

f a

wa

ren

ess

of lo

ng

-la

ten

cy

oc

cu

pa

tio

na

l d

ise

ase

s

Wo

rk a

rra

ng

em

en

ts

Lan

gu

ag

e b

arr

iers

Fe

ar

of a

uth

ori

tie

s

Lac

k o

f O

SH

tra

inin

g

Lac

k o

f fa

milia

rity

with

th

e w

ork

ing

en

vir

on

me

nt

Ordinance No 7 of 16 June 1993 on heavy and harmful work,

forbidden to be executed by woman122

v

National programme « Maternity support » 2008-2013123 v

BG051PO001-1.1.05 « Again at work »124 v

Ordinance No 11 of 02.03.1987 on resting rooms for women

and pregnant women125

v v

Law for integration of diseased people and Regulations for its

application126 127

v

Ordinance 5 from 20.04.2006 to ensure the health and safety

of temporary workers128

v

Ordinance 6 from 24.07.2006 for terms and conditions for work

permission to persons under 18 years of age129

v

121 Ordinance No 3 of 28.02.1987 on compulsory preventive and periodical medical checks of workers, last amendment September 2005( НАРЕДБА № 3 от 28.02.1987 г. за задължителните

предварителни и периодични медицински прегледи на работниците, Издадена от министъра на народното здраве, обн., ДВ, бр. 16 от 27.02.1987 г., посл. изм. и доп., бр. 65 от

9.08.1991 г., бр. 102 от 13.12.1994 г., бр. 78 от 30.09.2005 г.) 122 Ordinance No 7 of 16 June 1993 on heavy and harmful work, forbidden to be executed by woman ( Наредба № 7 от 16 юни 1993 г. за вредните и тежките работи, забранени за

извършване от жени ДВ 58/1993) 123 National programme « Maternity support » 2008-2013 (Национална програма „В подкрепа на майчинството“, 2008 -2013) 124 BG051PO001-1.1.05 « Again at work » http://www.chambersz.org/eu-network/index.php?option=com_content&view=article&id=241:-q-q&catid=38:programs&Itemid=85 125 Ordinance No 11 of 02.03.1987 on resting rooms for women and pregnant women (Наредба № 11 от 2.03.1987 г. за стаите за лична хигиена на жените и за почивка на бременните

жени) 126 Law for integration of diseased people and Regulations for its application126 Закон за интеграция на хората с увреждания http://www.lex.bg/bg/laws/ldoc/2135491478

И Правилник за приложението му 127http://www.lex.bg/bg/laws/ldoc/2135497213 128 Наредба № 5 от 20.04.2006 г. за осигуряване на здравословни и безопасни условия на труд на работниците по срочно трудово правоотношение или временно трудово

правоотношение

http://www.chambersz.org/eu-network/index.php?option=com_content&view=article&id=241:-q-q&catid=38:programs&Itemid=85

http://www.lex.bg/bg/laws/ldoc/2135491478


Milieu Ltd

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Document

Targ

et

gro

up

(if a

ny

)

Pre

gn

an

cy

; B

rea

stfe

ed

ing

Me

nst

rua

l d

iso

rde

rs; M

en

op

au

se

Re

du

ce

d p

hy

sic

al c

ap

ab

ilitie

s

Ad

ditio

na

l n

on

-wo

rk a

ctiv

itie

s

Pa

rt-t

ime

jo

bs;

Pre

ca

rio

us

co

ntr

ac

t

Na

tura

l d

ete

rio

ratio

n o

f p

hy

sic

al a

nd

me

nta

l c

ap

ac

itie

s

Lon

ge

r re

co

ve

ry t

ime

Lon

ge

r e

xp

osu

re t

o o

cc

up

atio

na

l

ha

zard

s

Inc

rea

sed

ris

k o

f d

ev

elo

pin

g lo

ng

-

term

or

ch

ron

ic illn

ess

es

or

dis

ab

ilitie

s

Diffe

ren

t risk

s fa

ce

d b

y d

isa

ble

d

wo

rke

rs

Co

mb

ine

d r

isk

s o

f o

cc

up

atio

na

l ri

sk

fac

tors

Less

aw

are

ne

ss o

f th

e r

isk

s a

mo

ng

st

ne

w w

ork

ers

Lac

k o

f a

wa

ren

ess

of lo

ng

-la

ten

cy

oc

cu

pa

tio

na

l d

ise

ase

s

Wo

rk a

rra

ng

em

en

ts

Lan

gu

ag

e b

arr

iers

Fe

ar

of a

uth

ori

tie

s

Lac

k o

f O

SH

tra

inin

g

Lac

k o

f fa

milia

rity

with

th

e w

ork

ing

en

vir

on

me

nt

National Strategy for Health and Safety at Work 2008-2012130 Young

workers and

workers aged

55-64 years

v v v

National Programme for 2013 on safety and health at work,

Decree of Council of Ministers of 07.05.2013131

v v v v v v v v

Action plan for ensuring equal possibilities for disabled people

2014-

2015132http://www.mlsp.government.bg/BG/ministry/projectac

t.htm

v v

Ordinance № RD-07-1 of the February 2, 2012 to determine

workplaces suitable for readjustment of disabled workers133

v v

“Social Innovation in Enterprises” Scheme 2011-2013 Older workers v v v v


129 Наредба № 6 от 24.07.2006 г. за условията и реда за даване на разрешения за работа на лица, ненавършили 18 години 130 Ministry of Labour and Social Policy, Strategy on safety and health at work 2008 – 2012, 2008. Available at: https://osha.europa.eu/en/organisations/bulgarian-strategy-on-safety-and-health-

at-work-shw-2008-2012 (Accessed February 2015) 131 National Programme for 2013 on safety and health at work, Decree of Council of Ministers of 07.05.2013 (НАЦИОНАЛНА ПРОГРАМА ПО БЕЗОПАСНОСТ И ЗДРАВЕ ПРИ

РАБОТА - 2013 година, Протокол № 18.8 на Министерския съвет от 07.05.2013 г.) 132 Action plan for ensuring equal possibilities for disabled people 2014-2015 (ПЛАН ЗА ДЕЙСТИВЕ ЗА ОСИГУРЯВАНЕ НА РАВНИ ВЪЗМОЖНОСТИ ЗА ХОРАТА С

УВРЕЖДАНИЯ 2014 – 2015 ГОДИНА http://www.mlsp.government.bg/BG/ministry/projectact.htm 133 Наредба № РД-07-1 от 2 февруари 2012 г. за определяне на работните места, подходящи за трудоустрояване на лица с намалена работоспособност

http://www.mlsp.government.bg/BG/ministry/projectact.htm





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Representative from government: “The Working Conditions Fund financed information materials on major risks at work, and especially targeted vulnerable

groups of workers - young workers, older workers, workers in small and medium enterprises.” For SMEs and vulnerable groups this funding is often the only

financing mechanism of activities related to improvement of OSH. The vulnerable groups have been prioritised in National Plans (for example that of GLIEA

for 2008-2012) and Programmes. Since 2011 an operation "Chance for All” targets social inclusion of people with disabilities by supporting specialized

enterprises and cooperatives for people with disabilities to provide training for the acquisition or improvement of the professional qualification and / or

acquisition of key competencies of people with disabilities, which will then be provided with employment. 14 contracts have been signed. In 2012, through the

Agency for People with Disabilities 28 projects are funded for people with disabilities to start and develop their own business. By funding projects on social

issues specialized enterprises and cooperatives of people with disabilities have provided and / or improved health and safety conditions for 1600 workplaces.”

Representative from labour inspectorate: “Vulnerable groups are covered in the national legislation. Particularly pregnant women are very well protected

by our legislation and since a couple of years, women who underwent in vitro procedures are also covered by law in the same way as pregnant and

breastfeeding workers do. There are however language barriers in case of foreigners (refugees) and workers from other ethnic groups. Refugees are obliged to

follow a language course. For example very often workers with Romany or Turkish origin, but Bulgarian citizens, are not fluent in Bulgarian. They work in

groups with an informal leader who instructs the other people of the group how to react and how to act. However, during the inspections, if some breaking of

OSH rules is noticed (for example not using PPE), those workers pretend they do not know/understand, in order to avoid to be penalised.”

Representative from industry: “The vulnerable groups are well covered by the Bulgarian legislation. Some of the national acts and regulations are even

more stringent compared to the Directives.”

Representative from trade union: “According to the Work Capability Assessment Commission, workers with disabilities should be reassigned to another

workplace that is appropriate for them.”

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7 MAPPING QUESTION 7: SMEs AND MICRO-ENTERPRISES

This question focuses on the identification of measures adopted by Member States in order to assist

SMEs and micro-enterprises in the implementation of OSH requirements. Measures provided by other

actors, such as social partners, are not included. The concept of ‘measures’ is considered as covering

national legislation and soft measures, i.e. incentives. Other measures such as guidance are included in

section 4.

Three elements should be checked for each Directive:

Exemptions: are there thresholds of number of employees to be exempted from certain key

requirements? If so, what are the thresholds? To what requirements does it apply?

Lighter regime: are certain norms/ regulatory standards provided by law differentiated for

SMEs?

Incentives: have financial measures/tax reductions been adopted to support SMEs?

The results are summarised in Table 7-1 and then detailed in Table 7-2. It should be taken into account

that the SME measures laid down in the national legislation transposing the Framework Directive are

equally applicable to all of the transpositions of the other OSH individual Directives.

Bulgaria has only set up a lighter regime for those enterprises having less than five employees, as they

are now exempted from the obligation to have a OSH Committee. In addition, the Working Conditions

Fund co-finances OSH activities especially in SMEs, through their Programs and Guidelines for Risk

Assessment of SMEs. The help from the Working Conditions Fund is very much welcomed, but OSH

stakeholders emphasise that OSH legislation for micro-companies and SMEs is problematic and not

effective.


Representative from NGOs: “It is problematic that the legislation imposes the same obligations on

SMEs as it does on big enterprises. Since this leads to higher costs for SMEs, sometimes they

implement the legislation only as paper work (having contracts, having reports, but not executing all

activities as specified, expecting not to be inspected or not having very detailed inspections). When

too many requirements are imposed and they are not affordable in terms of costs, some risks can be

underestimated or even neglected. One example is the requirement to have a contract with an

occupational medicine service (as per art.25 (1) of Law on Health and Safety at Work). This is rather

impossible for microenterprises because of increased costs for the employer. These increased costs

decrease the competitiveness. There is thus a lack of differentiation of requirements on OSH for

micro/SME/large establishments in the legislation.”

Social partner (employers): “For example, the requirements related to the Services on occupational

medicine involve more costs, while the results are not satisfactory – the employers complain by the

low quality of produced documents, formal approach of those Services and lack of possibility to object

their findings.”

Lawyer: “Legislation on OSH in micro and SME is not effective, because the cost is high and the risk

very often for micro establishments is very low. When there is production, manufacturing, etc. – the

case is different. But also the workers in manufactures are more conscious about the process and the

OSH Service has real work. For SMEs the first thing which they might cut from their costs is OSH and

wages. Large establishments are always in the focus of attention of media, GLIEA, etc. so they are

aware and have the resource to cover all needed requirements.”

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Table 7- 1 Overview of measures targeting SMEs and micro-enterprises

Exemptions Lighter regime Incentives

Directive 89/391/EEC (FW)

-

Directive 89/654/EEC (workplace)

- - -


- - -


- - -


- - -


- - -


- - -


- - -


- - -


- - -


N/A N/A N/A N/A


- - -


- - -

Directive 98/24/EC (chemical agents)

- - (non-financial)


- - -


- - -


- - (non-financial)


- - -


- - -


- - -


- - -


- - -


- - -


- - -

Table 7- 2 Description of measures targeting SMEs and micro-enterprises


Directive 89/391/EEC (FW)

The enterprises having

less than 5 employees

are exempted from the

non-financial incentive:

Supporting tools and

guidance documents

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obligation to have a

Group or Committee on

OSH. There are in total

259 424 employees,

working in those

enterprises.134

have been established

and distributed: Programs

for risk assessment of SME;

Guidelines for risk

assessment in SME

Programs for risk

assessment of SME

financed by the Working

Conditions Fund. With the

resources of the Fund

during the period 2007-

2012, the implementation

of 157 projects of

individual companies,

including SMEs have

been supported, in

sectors: machinery, light

industry, chemical

industry, food industry,

trade, health and others.

The labour conditions of

13,978 workers have

been improved, 43,570

workers have been

trained. Contracts have

been signed with five

hospitals to finance

activities in the diagnosis

of occupational diseases

and to perform group

medical examinations of

employees from

hazardous economic

activities. 6130 workers

have been diagnosed.

Non-financial incentive:

Guidelines for risk

assessment in SMEs (Risk

assessment of neuro-

psychological strain;

Guide "Leading threats to

health and safety at work

of hairdressers"),

Financed by the Working

Conditions Fund

Employers’

representatives would like

to exclude micro

establishments but it was

not accepted by the

National Council. There

will be a meeting of the

tripartite Council where

the case will be discussed

once again. Working

134 National Programme for Safety and Health at Work for 2013, data are from 2012.

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Conditions Fund gives

employers opportunity for

30% co-funding


Project BG051PO001-

2.3.01 “Prevention for

Health and Safety at

Work”, Sofia, 2012

coordinated by GLIEA

Directive 89/654/EEC (workplace)

- - -


- - -


- - -


- - -


- - -


- - -


- - -


- - -


- - -


N/A N/A N/A N/A


- - -


- - -

Directive 98/24/EC (chemical agents)


Supporting tools and

guidance documents

have been established

on risk assessment of

chemical agents for

SMEs.


- - -


- - -



Guidelines on assessing

the risk of tripping,

slipping and falling from a

height for SMEs, financed

by the Working

Conditions Fund


- - -


- - -


- - -

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- - -


- - -


- - -


- - -

The National Implementation Report adds the following: “The National Strategy on Safety and Health

at Work for the period 2008—2012 and the annual national programmes on safety and health at work

are included in different joint initiatives of the public institutions and organisations of the social

partners in support of small and medium-sized enterprises:

dissemination of good practices;

training of factory and office workers and of senior staff;

development of easy-to-apply instruments for risk assessment;

distribution of information in an understandable language and easily comprehensible and

applicable guidelines;

access to high-quality external services for prevention;

use of the labour inspectors to encourage small and medium-sized enterprises towards better

application of the legislation;

use of the instruments of the European Social Fund to finance measures for improving the

working conditions.

The government actively promotes measures for improving the application of legislation on safety

and health at work through WCF, with the Ministry of Labour and Social Policy. WCF provides

funds on an annual basis for projects and programmes for:

assisting employers in resolving specific problems related to improving working conditions in

separate undertakings;

training in safety and health at work;

the study, development, issue and purchase of study and information materials; codes of good

practices; guidelines, handbooks and instructions providing alternative solutions for the

application of legislation on safety and health at work in different economic sectors;

diagnosing occupational diseases.

The following have been developed and distributed in the reporting period through the Working

Conditions Fund: programmes on risk assessment in small and medium-sized enterprises; guidelines

for risk assessment in small and medium-sized enterprises (Assessment of the risk of neuropsychic

stress, Assessment of the risk of stumbling, slipping or fall from a height; Assessment of the risk from

chemical substances; Assessment of the use of machines and working equipment; and ‘Leading

dangers for health and safety at work for hairdressers’ guide); information materials for the main risks

at work aimed at vulnerable groups of employees — young workers, elderly workers and workers at

SMEs.

In the period 2007—2012, WCF financed the implementation of 157 projects of separate

undertakings, including SMEs, in the following sectors: mechanical engineering, light industry,

chemical industry, food processing industry, trade, healthcare, etc. The working conditions have been

improved in 13 978 undertakings, and 43 570 employees have been trained. Contracts were signed

with five hospitals for active treatment to finance activities related to diagnosing occupational diseases

and to conduct group medical examinations of factory and office workers exposed to risk in their

work. Diagnostic activities were performed in relation to 6 130 employees.

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Schemes in the area of safety and health at work were implemented within Operational Programme

Human Resources Development, co-financed by the European Social Fund of the European Union and

the national budget for the 2007–2013 programming period. A large part of the measures were aimed

at increasing the culture of prevention within SMEs.”135

135 See National Implementation Report, Part A, Section I, 2.7, (EN) p. 36-37.

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ANNEX I - BIBLIOGRAPHY

Legislation

Republic of Bulgaria, Labour code, Promulgated, SG No 26/01.04.1986, last amended SG

27/25.03.2014 (Кодекс на труда от 1.04.1986 г., Обн. ДВ. бр.26 от 1 Април 1986г., посл.

изм. ДВ. бр.27 от 25 Март 2014г.), http://www.lex.bg/bg/laws/ldoc/1594373121, last visited

12.05.2014

Republic of Bulgaria, Law on Health and Safety at Work from December 1997, Promulgated,

SG No 124 of 23.12.1997, last amendment SG No 27/ 25.03.2014г (Закон за здравословни

и безопасни условия на труд от декември 1997г., Обн., ДВ, бр. 124 от 23.12.1997,

последни изм. и доп. ДВ. бр.27 от 25 Март 2014г), http://lex.bg/laws/ldoc/2134178305,

last visited 12.05.2014.

Republic of Bulgaria, MTSP and MZ, Ordinance No 5 Of 11 May 1999 on the procedure,

manner and frequency of carrying out risk assessment, Promulgated, SG No 47/ 21.05.1999

(НАРЕДБА № 5 от 11.05.1999 г. за реда, начина и периодичността на извършване на

оценка на риска, издадена от Министъра на труда и социалната политика и министъра

на здравеопазването, обн., ДВ, бр. 47 от 21.05.1999 г.),

https://osha.europa.eu/fop/bulgaria/bg/legislation/regulation/regulation5.stm, last visited

12.05.2014.

Republic of Bulgaria, MTSP and MZ, Ordinance № 7 on minimum health and safety of the

workplace and the use of work equipment, 1999, Promulgated, State Gazette No.

88/08.10.1999) (НАРЕДБА № 7 от 23.09.1999 г. за минималните изисквания за

здравословни и безопасни условия на труд на работните места и при използване на

работното оборудване, обн., ДВ, бр. 88 от 08.10.1999 г.).

https://osha.europa.eu/fop/bulgaria/bg/legislation/regulation/ordinance_no7.stm, last visited

12.05.2014.

Republic of Bulgaria, MTSP, Ordinance № 9 of 1997 on the minimum safety and health of

workers in in mines, Promulgated, SG No 123/22.12.14, last amendments SG 101/04.12.2007

(НАРЕДБА № 9 от 16.12.1997 г. за общи правила за управление на дейността по

осигуряване нa безопасността и опазване здравето на работещите в мините Обн. ДВ.

бр.123 от 22 Декември 1997г., посл. изм. ДВ. бр.101 от 4 Декември 2007г.),

http://www.mlsp.government.bg/BG/law/regulation/index.htm, last visited 12.05.2014.

Republic of Bulgaria, MTSP and MZ, Ordinance № 3 on minimum standards for the

protection of the health and safety of workers in the use of PPE at the workplace,

Promulgated, SG No 46/15.05.2001 (Наредба № 3 на МТСП и МЗ от 2001 г. за

минималните изисквания за защита на здравето и безопасността на работещите при

използване на лични предпазни средства на работното място, обн., ДВ, бр. 46 от

15.05.2001 г.), http://www.mlsp.government.bg/BG/law/regulation/index.htm, last visited

12.05.2014.

Republic of Bulgaria, MTSP, Ordinance № 11 of 2004 on minimum requirements for

improving the safety and health of workers at risk of explosive atmospheres, Promulgated,

SG No 6/18.01.2005, last amendments SG No 101/04.12.2007 (Наредба № 11 от 2004 г. за

минималните изисквания за осигуряване на безопасността и здравето на работещите

при потенциален риск от експлозивна атмосфера, обн., ДВ, бр. 6 от 18.01.2005 г., изм. и

доп., бр. 101 от 4.12.2007 г.),


Republic of Bulgaria, MTSP and MZ, Ordinance № 5 of 11 June 2010 on the minimum

requirements to ensure the health and safety of workers in the risks associated with exposure

to artificial optical radiation, Promulgated, SG No 49/29.06.2010 (Наредба № 5 от 11 юни

2010 г. за минималните изисквания за осигуряване на здравето и безопасността на

работещите при рискове, свързани с експозиция на изкуствени оптични лъчения, Обн.


http://lex.bg/laws/ldoc/2134178305

https://osha.europa.eu/fop/bulgaria/bg/legislation/regulation/regulation5.stm

https://osha.europa.eu/fop/bulgaria/bg/legislation/regulation/ordinance_no7.stm

http://www.mlsp.government.bg/BG/law/regulation/index.htm



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ДВ. бр. 49 от 29 Юни 2010г.), http://www.lex.bg/bg/laws/ldoc/2135686489, last visited

12.05.2014.

Republic of Bulgaria, Decree № 263 of the Council of Ministers of 30.12.1999 adopting the

Ordinance on elements of remuneration and income on the basis of which insurance payment

is made, and the calculation of cash benefits for temporary disability or pregnancy and

childbirth, Promulgated, SG No 6/21.01.2000 (ПОСТАНОВЛЕНИЕ № 263 на МС от

30.12.1999 г. за приемане на Наредба за елементите на възнаграждението и за

доходите, върху които се правят осигурителни вноски, и за изчисляване на паричните

обезщетения за временна неработоспособност или за бременност и ражда, Обн., ДВ,

бр. 6 от 21.01.2000 г.,), http://www.maxiconsult.bg/pdf/PMS-263-1999.pdf, last visited

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Republic of Bulgaria, NSI, Statistical system “Accidents at work” (НСИ,

СТАТИСТИЧЕСКА СИСТЕМА "Трудови

злополуки"),http://www.nsi.bg/bg/content/8/basic-

page/%D1%81%D1%82%D0%B0%D1%82%D0%B8%D1%81%D1%82%D0%B8%D1%8

7%D0%B5%D1%81%D0%BA%D0%B0-

%D1%81%D0%B8%D1%81%D1%82%D0%B5%D0%BC%D0%B0-

%E2%80%9E%D1%82%D1%80%D1%83%D0%B4%D0%BE%D0%B2%D0%B8-

%D0%B7%D0%BB%D0%BE%D0%BF%D0%BE%D0%BB%D1%83%D0%BA%D0%B8

%E2%80%9D, last visited 12.05.2014.

Republic of Bulgaria, MZ, Ordinance № 3 of 28.02.1987 on the mandatory preliminary and

periodic medical examinations of workers, Promulgated SG No 16/27.02.1987, last

amendment SG No 78/30.09.2005 (НАРЕДБА № 3 от 28.02.1987 г. за задължителните

предварителни и периодични медицински прегледи на работниците, обн., ДВ, бр. 16 от

27.02.1987 г., посл. изм. и доп., бр. 78 от 30.09.2005 г.). http://www.maxiconsult.bg/pdf/N-

3-1987-MNZ.pdf, last visited 12.05.2014.

Republic of Bulgaria, MTSP, Ordinance № 3 of 27.07.1998 on the functions and tasks of the

officials and specialised services to enterprises for organising the implementation of activities

related to protection against occupational risks and risk prevention, Promulgated, SG No

91/05.08.1998, last amended SG No 102/22.12.2009 (НАРЕДБА № 3 от 27.07.1998 г. за

функциите и задачите на длъжностните лица и на специализираните служби в

предприятията за организиране изпълнението на дейностите, свързани със защитата от

професионалните рискове и превенция на тези рискове, ДВ, бр. 91 от 5.08.1998 г., изм.,

бр. 102 от 22.12.2009 г.,),

https://osha.europa.eu/fop/bulgaria/bg/legislation/regulation/regulation3.stm, last visited

12.05.2014.

Republic of Bulgaria, MTSP and MZ, Ordinance on establishing, investigation, recording and

reporting of accidents at work, Promulgated, SG No 6/21.01.2000, last amendments SG No

19/19.02.2002 (Наредба за установяване, разследване, регистриране и отчитане на

трудовите злополуки от 30.12.1999 г, обн., ДВ, бр. 6 от 21.01.2000 г., посл. изм. и доп.,

бр. 19 от 19.02.2002 г.,), http://www.mlsp.government.bg/BG/law/regulation/index.htm, last

visited 12.05.2014.

Republic of Bulgaria, MTSP and Ministry of Interior, Ordinance № RD-07/8 of 20.12.2008

on the minimum requirements for signs and signals of safety and / or health at work,

Promulgated, SG No 3/13.01.2009 (НАРЕДБА № РД-07/8 от 20.12.2008 г. за

минималните изисквания за знаци и сигнали за безопасност и/или здраве при работа,

Обн. ДВ. бр.3 от 13 Януари 2009г), http://lex.bg/bg/laws/ldoc/2135612883, last visited

12.05.2014.

Republic of Bulgaria, MZ and MTSP, Ordinance № 16 of 1999 for physiological norms and

rules for manual handling of loads, Promulgated, SG No 54/15.06.1999, last amendments SG

No 70/26.08.2005 (НАРЕДБА № 16 от 31.05.1999 г. за физиологични норми и правила

за ръчна работа с тежести, обн., ДВ, бр. 54 от 15.06.1999 изм., бр. 70 от 26.08.2005 г.),

http://multi-eng.com/Naredbi_ZZBUT.html, last visted 12.05.2014


http://www.maxiconsult.bg/pdf/PMS-263-1999.pdf








http://www.maxiconsult.bg/pdf/N-3-1987-MNZ.pdf

http://www.maxiconsult.bg/pdf/N-3-1987-MNZ.pdf

https://osha.europa.eu/fop/bulgaria/bg/legislation/regulation/regulation3.stm



http://multi-eng.com/Naredbi_ZZBUT.html

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Republic of Bulgaria, MTSP, Ordinance № 7 of 15.08.2005 on the minimum requirements

for ensuring health and safety at work with visual display, Promulgated, SG No

70/26.08.2005 (Наредба № 7 от 15.08.2005 г. за минималните изисквания за осигуряване

на здравословни и безопасни условия на труд при работа с видеодисплеи, обн., ДВ, бр.

70 от 26.08.2005 г., http://www.mlsp.government.bg/BG/law/regulation/index.htm, last

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Republic of Bulgaria, MTSP and MZ, Ordinance № 3 of MTSP and MZ on the minimum

requirements for ensuring the health and safety of workers at risk of vibration exposure,

Promulgated, SG No 46/15.05.2001 (Наредба №3 на МТСП и МЗ за минималните

изисквания за осигуряване на здравето и безопасността на работещите при рискове,

свързани с експозиция на вибрации, обн., ДВ, бр. 46 от 15.05.2001 г.),

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Republic of Bulgaria, MTSP and MZ, Ordinance № 6 of 15.08.2005 on the minimum

requirements for ensuring the health and safety of workers at risk of noise exposure,

Promulgated, SG No 70/26.08.2005 (Наредба № 6 от 15.08.2005 г. за минималните

изисквания за осигуряване на здравето и безопасността на работещите при рискове,

свързани с експозицията на шум, обн., ДВ, бр. 70 от 26.08.2005 г.),

http://www.mlsp.government.bg/BG/law/regulation/index.htm, last visited 12.05.2014

Republic of Bulgaria, MTSP and MZ, Ordinance N 2 for protection of workers from risks,

related to exposure to noise at work (SG, 32/2003), withdrawn and replaced by [17].

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from risks related to exposure to carcinogens and mutagens at work, Promulgated, SG No

94/24.10.2003, last amendments SG No 8/30.01.2004 (НАРЕДБА № 10 от 26.09.2003 г. за

защита на работещите от рискове, свързани с експозиция на канцерогени и мутагени

при работа, ДВ, бр. 94 от 24.10.2003 г., изм., бр. 8 от 30.01.2004 г. ),


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protection of workers from risks related to chemical agents at work, Promulgated, SG No

8/30.01.2004, last amendments SG No 71/01.09.2006 (Наредба № 13 на МТСП и МЗ от

2003 г. за защита на работещите от рискове, свързани с експозиция на химични агенти

при работа, Обн. ДВ. бр.8 от 30 Януари 2004г., изм. ДВ. бр.71 от 1 Септември 2006г.),


Republic of Bulgaria, MTSP and MZ, Ordinance 1 for protection workers from risks, related

with exposure to asbestos at work (SG, No 32, 2003) Наредба № 1 за защита на

работещите от рискове, свързани с експозицията на азбест при работа (ДВ, бр. 32 от

2003 г.) , withdrawn

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risks related to exposure to asbestos at work, Promulgated SG No 71/01.09.2006 (Наредба

№9 от 4 август 2006 г. на МТСП и МЗ за защита на работещите от рискове, свързани с

експозиция на азбест при работа, Обн. ДВ. бр.71 от 1 Септември 2006г.),

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Republic of Bulgaria, MTSP and MZ, Ordinance № 4 of 2002 on the protection of workers

from risks related to exposure to biological agents at work, Promulgated SG No

105/08.11.2002г. (Наредба № 4 от 2002 г. за защита на работещите от рискове, свързани

с експозиция на биологични агенти при работа, ДВ, бр. 105 от 8.11.2002 г.),

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Republic of Bulgaria, MTSP and Ministry of Regional Development, Ordinance № 2 of

MTSP and Works from 2004 on the minimum health and safety conditions in the course of

construction works, Promulgated, SG 102/19.12.2006 (Наредба № 2 на МТСП и МРРБ от

2004 г. за минималните изисквания за здравословни и безопасни условия на труд при

извършване на строителни и монтажни работи, обн. ДВ 102/19.12.2006),

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Republic of Bulgaria, MTSP, Ordinance № 9 of 2003 on the minimum safety and health of

workers in the mineral-extracting industries through drilling, Promulgated SG No









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79/05.09.2003 (НАРЕДБА № 9 от 29.07.2003 г. за минималните изисквания за

осигуряване на безопасността и здравето на работещите при добиване на подземни

богатства чрез сондиране, Обн., ДВ, бр. 79 от 05.09.2003 г.),

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Republic of Bulgaria, Ministry of transport and MZ, Ordinance № 9 of 11.02.2003 on

medical treatment on board vessels, Promulgated SG No 17/21.02.2003, amended SG No

26/28.03.2006 (Наредба № 9 от 11.02.2003 г. за медицинското обслужване на корабите,

издадена от министъра на транспорта и съобщенията и МЗ, Обн. ДВ бр. 17 от

21.02.2003 г., изм. и доп., бр. 26 от 28.03.2006 г.),

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Republic of Bulgaria, Ordinance on labour relations between a ship's crew and the ship

owner, Accepted by Decree of Counsil of Ministers No 226 of 14.10.2003 (НАРЕДБА за

трудовите и непосредствено свързани с тях отношения между членовете на екипажа на

кораба и корабопритежателя Приета с ПМС № 226 от 14.10.2003 г.)

Republic of Bulgaria, MZ and Central Board of Bulgarian professional unions, Ordinance №

11 of 2.03.1987 on the room for personal hygiene of women and rest of pregnant women,

Promulgated SG No 57/24.07.1987 (НАРЕДБА № 11 от 2.03.1987 г. за стаите за лична

хигиена на жените и за почивка на бременните жени, Обн. ДВ. бр.57 от 24 Юли 1987г),

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hard work prohibited for carrying by women, Promulgated SG No 58/06.07.1993

(НАРЕДБА № 7 от 16.06.1993 г. за вредните и тежките работи, забранени за

извършване от жени, обн., ДВ, бр. 58 от 6.07.1993 г. ),

http://www.vsa.bcci.bg/files/custom/general_docum/trudovo_pravo/NAREDBA_7_ot_16061

993_g_za_vrednite_i_tejkite_raboti_zabraneni_za_izvyrsvane_ot_jeni.pdf, last visted

12.05.2014

Decree № 72 of the Council of Ministers of 30.12.1986 adopting regulations for the

application of the Labour Code of 1986 (ПОСТАНОВЛЕНИЕ № 72 на МС от 30.12.1986 г.

за приемане на наредби по прилагането на Кодекса на труда от 1986 г.),

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Republic of Bulgaria, MTSP, Ordinance 5 from 20.04.2006 to ensure the health and safety of

temporary workers , Promulgated SG No 43/26.05.2006 (Наредба № 5 от 20 април 2006 г.

за осигуряване на здравословни и безопасни условия на труд на работниците по срочно

трудово правоотношение или временно трудово правоотношение, Обн. ДВ. бр.43 от 26

Май 2006г.) .

Republic of Bulgaria, MTSP, Ordinance on the work of persons under 15 years of age from

30.12.1986 (НАРЕДБА за работата на лицата, ненавършили 15-годишна възраст от

30.12.1986 г.)

Republic of Bulgaria, MTSP, Ordinance 6 from 24.07.2006 for terms and conditions for work

permition to persons under 18 years of age (НАРЕДБА № 6 от 24.07.2006 г. за условията и

реда за даване на разрешения за работа на лица, ненавършили 18 години).

Republic of Bulgaria, MTSP, Ordinance № RD-07-2 of 16.12.2009 on the terms and

procedure for conducting periodic training and instruction to employees on the rules to ensure

safe and healthy working conditions, Promulgated SG No 102/22/12/2009, last amended SG

No 25/30.03.2010 (НАРЕДБА № РД-07-2 от 16.12.2009 г. за условията и реда за

провеждането на периодично обучение и инструктаж на работниците и служителите по

правилата за осигуряване на здравословни и безопасни условия на труд, обн., ДВ, бр.

102 от 22.12.2009 г., посл. изм., бр. 25 от 30.03.2010 г.),

http://www.nspbzn.mvr.bg/NR/rdonlyres/6D34863C-3BC7-4523-B407-

A0530AFF717B/0/NaredbaRD072.pdf, last visited 12.05.2014.

Republic of Bulgaria, MTSP and MZ, Ordinance No RD-07-1/02.02.2012 on working place

suitable for people of reduced working capacity, Promulgated SG No 13/14.02.2012

(Наредба № РД-07-1 от 2 февруари 2012 г. за определяне на работните места,

http://otgovori.info/legislation/Naredba_9_2003_sondirane.pdf

http://www.epi.bg/sel_vna.php?fldr=28015

http://www.lex.bg/bg/laws/ldoc/-552832511

http://www.vsa.bcci.bg/files/custom/general_docum/trudovo_pravo/NAREDBA_7_ot_16061993_g_za_vrednite_i_tejkite_raboti_zabraneni_za_izvyrsvane_ot_jeni.pdf

http://www.vsa.bcci.bg/files/custom/general_docum/trudovo_pravo/NAREDBA_7_ot_16061993_g_za_vrednite_i_tejkite_raboti_zabraneni_za_izvyrsvane_ot_jeni.pdf

http://web2.apis.bg/sofiacouncil/p.php?i=13391

http://www.nspbzn.mvr.bg/NR/rdonlyres/6D34863C-3BC7-4523-B407-A0530AFF717B/0/NaredbaRD072.pdf

http://www.nspbzn.mvr.bg/NR/rdonlyres/6D34863C-3BC7-4523-B407-A0530AFF717B/0/NaredbaRD072.pdf

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подходящи за трудоустрояване на лица с намалена работоспособност, Обн. ДВ. бр.13

от 14 Февруари 2012г.) http://www.lex.bg/bg/laws/ldoc/2135775738, last visited 12.05.2014

Republic of Bulgaria, MTSP and MZ, Ordinance No 3 of 27.07.1998 on the functions of

authorised bodies and specialised services in enterprises, related to protection and prevention

of professional risks, Promulgated SG No 91/05.08.1998. (НАРЕДБА № 3 от 27.07.1998 г.

за функциите и задачите на длъжностните лица и на специализираните служби в

предприятията за организиране изпълнението на дейностите, свързани със защитата и

профилактиката на професионалните рискове, ДВ No 91 от 05/08/1998),

MNE(2006)55901

Republic of Bulgaria, MTSP and MZ, Ordinance No 3 of 14.05.1996 on instructions of

workers and employees on safety and hygiene at work and fire protection, Promulgated SG

No 44/21.05.1996 (НАРЕДБА № 3 от 14.05.1996 г. за инструктажа на работниците и

служителите по безопасност, хигиена на труда и противопожарна охрана, ДВ No

44/21.05.1996), MNE(2006)56047

Republic of Bulgaria, MTSP and MZ, Ordinance No 5 of 20.04.2006 on health and safety

conditions of workers of temporary and precarious contracts, Promulgated, SG No

43/26.05.2006, last amended SG No 19/26.02.2013 (НАРЕДБА № 5 от 20.04.2006 г. за

осигуряване на здравословни и vбезопасни условия на труд на работниците по срочно

трудово правоотношение или временно трудово правоотношение, обн. ДВ, бр. 43 от

26.05.2006 г., изм. и доп., бр. 19 от 26.02.2013 г.),


Republic of Bulgaria, MTSPMTSP and MZ, Ordinance for a complex evaluation of work

conditions, Minister Council Decree No 169 from 28.08.1991 (Наредба за комлексно

оценяване на условията на труд, ПМС Но 169 от 1991г.), http://www.cito.hit.bg/law/N-

ZA-USL.TXT, last visited 12.05.2014.

Republic of Bulgaria, MTSPMTSP and MZ, Ordinance on working time, breaks and leaves,

Promulgated, SG No 6/23.01.1987, last amendment SG No 19/06.03.2012 (НАРЕДБА ЗА

РАБОТНОТО ВРЕМЕ, ПОЧИВКИТЕ И ОТПУСКИТЕ, Приета с ПМС № 72 от

30.12.1986 г., Обн. ДВ. бр.6 от 23 Януари 1987г., посл. Изм. ДВ. бр.19 от 6 Март

2012г.), http://lex.bg/laws/ldoc/-552858623, last visited 12.05.2014.

Ordinance No 7 of 16 June 1993 on heavy and harmful work, forbidden to be executed by

woman, Promulgated SG 58/1993 (Наредба № 7 от 16 юни 1993 г. за вредните и тежките

работи, забранени за извършване от жени, обн. ДВ 58/1993), http://lex.bg/bg/laws/ldoc/-

551259133, last visited 12.05.2014

Republic of Bulgaria, MTSP, Ordinance No 11 of 02.03.1987 on resting rooms for women

and pregnant women, Promulgated SG No 57/24.07.2014 (Наредба № 11 от 2.03.1987 г. за

стаите за лична хигиена на жените и за почивка на бременните жени, Обн. ДВ. бр.57 от

24 Юли 1987г.), www.lex.bg/bg/laws/ldoc/-552832511, last visited 12.05.2014

Republic of Bulgaria, Law for integration of diseased people (Закон за интеграция на

хората с увреждания) http://www.lex.bg/bg/laws/ldoc/2135491478, last visited 12.05.2014

Republic of Bulgaria, Law on labour inspections (2009), Promulgated, SG No 26/02.04.1968,

last amended SG No 102/28.11.2008, last amended SG No 66/26.07.2013 (ЗАКОН ЗА

ИНСПЕКТИРАНЕ НА ТРУДА, Обн. ДВ. бр.102 от 28 Ноември 2008г., изм. ДВ. бр.35

от 12 Май 2009г., изм. ДВ. бр.82 от 16 Октомври 2009г., изм. ДВ. бр.16 от 26 Февруари

2010г., изм. ДВ. бр.88 от 9 Ноември 2010г., изм. ДВ. бр.66 от 26 Юли 2013г.),

http://www.lex.bg/bg/laws/ldoc/2135607843, last visited 28.06.2014

Republic of Bulgaria, Regulation No RD-07-2 of 16 December 2009 on the terms and

procedure for holding regular training and instruction for factory and office workers

regarding the rules for health and safety at work (SG No 102/2009) replacing Regulation No

3 on instruction of factory and office workers on safety and hygiene of labour and fire safety

(SG No 44/1996) Регламент № РД-07-2 от 16 декември 2009 г. за условията и реда за

провеждане на периодично обучение и инструктаж на работниците и служителите по

отношение на правилата за здравословни и безопасни условия на труд (ДВ 102/2009),



http://www.cito.hit.bg/law/N-ZA-USL.TXT

http://www.cito.hit.bg/law/N-ZA-USL.TXT

http://lex.bg/laws/ldoc/-552858623

http://lex.bg/bg/laws/ldoc/-551259133

http://lex.bg/bg/laws/ldoc/-551259133

http://www.lex.bg/bg/laws/ldoc/-552832511



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заменящ Регламент № 3 за инструктаж на работниците и служителите по безопасност и

хигиена на труда и противопожарна охрана (ДВ 44/1996)

Republic of Bulgaria, MTSP and MZ, Regulation No 3 of 25 January 2008 on the terms and

procedure for the operation of the occupational health services issued by the Minister of

Health and the Minster of Labour and Social Policy (SG No 14/2008) replacing Regulation

No 14 of 7 August 1998 on the occupational health services. Наредба № 3 от 25 януари

2008 г. за условията и реда за дейността на службите по трудова медицина, издадена от

министъра на здравеопазването и министъра на труда и социалната политика (ДВ

14/2008) за замяна на Регламент № 14 от 7 август 1998 г. службите по трудова

медицина.

Republic of Bulgaria, Act Amending and Supplementing the Health Act (SG No 59/2006).

Закон за изменение и допълнение на Закона за здравето (ДВ 59/2006),

http://dv.parliament.bg/DVWeb/showMaterialDV.jsp?idMat=64775

Republic of Bulgaria, Spatial Development Law of 31.03.2001, last amended SG No

53/27.06.2014. Закон за устройство на територията от 31.03.2001, изм. ДВ бр. 53 от

27.06.2014 г., http://lex.bg/laws/ldoc/2135163904

Other

Republic of Bulgaria, MTSP, STRATEGY ON SAFETY AND HEALTH AT WORK (SHW)

2008 – 2012, Sofia, 2008, https://osha.europa.eu/en/organisations/bulgarian-strategy-on-

safety-and-health-at-work-shw-2008-2012

Republic of Bulgaria, MTSP, GLIEA, Statistics,


Republic of Bulgaria, National Social Security Institute, Statistics on work accidents and

injuries, http://www.noi.bg/aboutbg/st/statistic/304-tzpb/infotz

Guidelines on application of legislation, related to the exposure to asbestos at work, part II

and part III, http://ncphp.government.bg/files/azbest2.pdf

MTSP, Action plan for ensuring of equal possibilities for diseased people 2014-2015, Draft

published 14 March 2014, (MTSP, ПЛАН ЗА ДЕЙСТИВЕ ЗА ОСИГУРЯВАНЕ НА

РАВНИ ВЪЗМОЖНОСТИ ЗА ХОРАТА С УВРЕЖДАНИЯ 2014–2015 ГОДИНА,

Проект, публ. На 14.03.2014), http://www.mlsp.government.bg/BG/ministry/projectact.htm,

last visited 15.04.2014

Republic of Bulgaria, Government, National Programme for 2013 on Safety and Health at

Work, accepted by Protocol No 18.8/07.05.2013 of Council of Ministers, НАЦИОНАЛНА

ПРОГРАМА ПО БЕЗОПАСНОСТ И ЗДРАВЕ ПРИ РАБОТА - 2013 година, Протокол

№ 18.8 на Министерския съвет от 07.05.2013 г.,

http://www.strategy.bg/StrategicDocuments/View.aspx?lang=bg-BG&Id=859, last visited

12.05.2014.

Republic of Bulgaria, MTSP, Agency for Social Support, National programme « Matternity

support » 2008-2013 (Национална програма „В подкрепа на майчинството“, 2008 -2013),

http://www.asp.government.bg/ASP_Files/MSU/Programa_za_maikite_2009.htm, last visited

12.05.14.

Republic of Bulgaria, MTSP, Agency of Employment, BG051PO001-1.1.05 « Again at

work » http://www.chambersz.org/eu-

network/index.php?option=com_content&view=article&id=241:-q-

q&catid=38:programs&Itemid=85, last visited 12.05.14

Republic of Bulgaria, Regulations for the application of Law for integration of diseased

people (Правилник за приложението на Закона за интеграция на хората с увреждания),


CITUB, Improved social dialogue on safety and health at work through a collaboration

between Bulgaria and Norway,(in Bulgarian), http://www.knsb-

bg.org/index.php?option=com_content&view=article&id=1628:2011-03, last visited

12.05.2014.

http://dv.parliament.bg/DVWeb/showMaterialDV.jsp?idMat=64775




http://www.noi.bg/aboutbg/st/statistic/304-tzpb/infotz

http://ncphp.government.bg/files/azbest2.pdf



http://www.asp.government.bg/ASP_Files/MSU/Programa_za_maikite_2009.htm





http://www.knsb-bg.org/index.php?option=com_content&view=article&id=1628:2011-03

http://www.knsb-bg.org/index.php?option=com_content&view=article&id=1628:2011-03

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Brussels


Republic of Bulgaria, Counsil of Ministers, National programmes for Safety and Health at

Work for 2009, 2010, 2011, 2012, 2013,

http://www.strategy.bg/StrategicDocuments/View.aspx?lang=bg-BG&Id=457, last visited

12.05.2014

Annual report on the implementation of National programme for Safety and Health at Work

for 2009, 2010, 2011, 2012, http://www.strategy.bg/StrategicDocuments/View.aspx?lang=bg-

BG&Id=457, last visited 12.05.2014

Republic of Bulgaria, MTSP, GLIEA, Annual Operational Plans of GLIEA for 2012, 2013,

2014,

Republic of Bulgaria, MTSP, GLIEA, Aims of GLIEA for 2012, 2013, 2014,

http://www.gli.government.bg/page.php?c=39, last visited 12.05.2014

Republic of Bulgaria, MTSP, GLIEA, Annual report on the implementation of Aims of

GLIEA for 2011, 2012, 2013, 2014, http://www.gli.government.bg/page.php?c=39, last

visited 12.05.2014

Republic of Bulgaria, MTSP, GLIEA, Annual reports on GLIEA activities 2007, 2008, 2009,

2010, 2011, 2012, http://www.gli.government.bg/page.php?c=40, last visited 12.05.2014

Republic of Bulgaria, MTSP, GLIEA, Information campaigns,

http://www.gli.government.bg/page.php?c=49, last visited 12.05.2014

Republic of Bulgaria, Penal Code, Promulgated, SG No 26/02.04.1968, last amended SG No

19/05.03.2014 (Наказателен кодекс, Обн. ДВ. бр.26 от 2 Април 1968г, посл. изм.

05.03.2014)

Jim Hillage et all, Qualitative post-test evaluation of ESENER: National overview report

Bulgaria, European Risk Observatory, European Agency for Safety and Health at Work –

EU-OSHA, 2013, TE-RO-13-105-EN-N

http://www.mi.government.bg/files/useruploads/files/bulgaria_bg.pdf

Analysis of the Situation and actors for Development of SMEs in Bulgaria: 2011-2012,

Bulgarian Small and Medium Enterprises Promotion Agency, Economic Recovery and

Competitiveness, prepared by NOEMA, Sofia, 2012, available at:

http://www.sme.government.bg/uploads/2011/07/SME_Situation-REP_noemaENG-0612.pdf

Violeta Zlateva. SMEs in the crisis: Employment, Industrial Relations and Local Partnership.

Institute for Social and Trade Union Research, EIRO, ID: BG1010031Q, Publication date:

15-06-2011, available at: http://www.eurofound.europa.eu/eiro/studies/

Beleva, I and Tzanov, V., Decent Work Country Report – Bulgaria, International Labour

Office Regional Office for Europe and Central Asia, February 2008, available online at:

http://www.ilo.org/public/english/region/eurpro/geneva/download/events/lisbon2009/dwrepor

ts/dw_bulgaria.pdf

Federation of the independent trade union on constructions, http://www.fnss-bg.org/

National Federation “Chemistry and Industry”, http://www.nft-chemical.eu/

Stefanova M. et all, Report on National survey on work conditions in Bulgaria, Project

BG051PO001- 2.3.01 “Prevention for Health and Safety at Work”, Sofia, 2012,


National Implementation Report, Bulgaria’s report on the practical implementation of

Council Directive 89/391/EEC on the introduction of measures to encourage improvements in

the safety and health of workers at work, its individual Directives and Council Directives

2009/148/EC, 91/383/EEC, 92/29/EEC and 94/33/EC.

Hillage J. et all, Qualitative post-test evaluation of ESENER – National overview report –

Bulgaria, European Risk Observatory, ISBN: 978-92-9240-162-7, European Agency for

Safety and Health at Work, 2013

Mihaylova R., GLIEA Report on results of checks, performed to evaluate the OSH conditions

at establishments, performing underground mineral extracting), 2013,

http://www.gli.government.bg/page.php?c=47&d=1085&seek=Ораново

Coal Extraction, Code of best practices, technical rules, guidelines and management

principles in mining and extraction, Project BG051PO001- 2.3.01 “Prevention for Health and

Safety at Work”, Sofia, 2012, http://projects.gli.government.bg/








http://www.mi.government.bg/files/useruploads/files/bulgaria_bg.pdf

http://www.sme.government.bg/uploads/2011/07/SME_Situation-REP_noemaENG-0612.pdf

http://www.eurofound.europa.eu/eiro/studies/

http://www.ilo.org/public/english/region/eurpro/geneva/download/events/lisbon2009/dwreports/dw_bulgaria.pdf

http://www.ilo.org/public/english/region/eurpro/geneva/download/events/lisbon2009/dwreports/dw_bulgaria.pdf

http://www.fnss-bg.org/


http://www.gli.government.bg/page.php?c=47&d=1085&seek=Ораново


Milieu Ltd

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Actualised Programme for OSH 2013-2014, draft,

www.otgovori.info/docs/programa_BZR_2013_2014.docx

EU-OSHA – European Agency for Safety and Health at Work, Qualitative post-test

evaluation of ESENER (ESENER Post-Test). Luxembourg, 2013. Available at:

https://osha.europa.eu/en/publications/reports/qualitative-post-test-evaluation-of-esener-

overview-report/view

https://osha.europa.eu/en/publications/reports/qualitative-post-test-evaluation-of-esener-overview-report/view

https://osha.europa.eu/en/publications/reports/qualitative-post-test-evaluation-of-esener-overview-report/view

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ANNEX II – STATUS OF THE INTERVIEWS

How

many

interviews

…

… in total … with national

authorities

… with labour

inspectorates

… with workers’

representatives … with employers’

representatives … with research

institutes, academia,

OSH professional

bodies, etc.

Contacted Completed Contacted Completed Contacted Completed Contacted Completed Contacted Completed Contacted Completed

BG 29 21 6 4 6 5 5 3 7 5 5 4

This table details all the interviews that were completed with Bulgarian stakeholders, and includes as well the number of stakeholders contacted for these

interviews. A further distinction is made on the basis of the category of stakeholders.