Law Amending And Supplementing The Law On Safety And Health At Work

Original Language Title: Закон за изменение и допълнение на Закона за здравословни и безопасни условия на труд

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Name of law Law amending and supplementing the law on safety and health at work Bill name a bill amending and supplementing the law on health and safety at work date of acceptance 11/03/2014 number/year Official Gazette 27/2014 Decree No 49

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on health and safety at work, adopted by the HLIÌ National Assembly on 11 March 2014.

Issued in Sofia on 20 March 2014.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Zinaida Zlatanova

LAW

amending and supplementing the law on health and safety at work (official SG. 124 of 1997; amend., no. 86 of 1999 No. 64 and 92 of 2000, no. 25, and 111 since 2001, no. 18 and 114 from 2003, no. 70 by 2004, issue 76 of 2005, issue 33, 48, 102 and 105 of 2006. , PC. 40 since 2007, PCs. 102 and 108 from 2008, PCs. 93 2009 PCs. 12, 58, 88 and 98 of 2010, PC. 60 by 2011, issue. 7 by 2012 and St. 15 of 2013)

§ 1. In chapter two creating art. 13 a-13 (g):

"Art. 13. (1) Legal or natural persons registered as traders can carry out special and technological (recurring) blasting operations only after obtaining permission from the Director of the Directorate "labour inspection", in whose territory the same is to be made, or by the authorized official.

(2) the conditions and procedure for carrying out blasting shall be determined by an Ordinance adopted by the Council of Ministers, on a proposal from the Minister of labour and social policy.

(3) no authorization is required under para. 1 in the case of the armed forces of the Republic of Bulgaria.

Art. 13b. (1) For obtaining permission to perform special blasting the persons under art. 13 and be submitted to the appropriate Directorate "labour inspection":

1. an application in a form approved by the Ordinance under art. 13 (a), para. (2);

2. the project to perform special blasting;

3. instructions for safe handling of explosive materials;

4. a copy of the document certifying the right to use the warehouse for explosive materials;

5. an order for the establishment of the head of the demolition works;

6. the list of persons having access to explosive materials.

(2) in an application under subsection. 1, item 1 shall indicate:

1. name of the legal or natural person;

2. the objectives, nature, the methods and the timetable for carrying out blasting, including the danger of blasting powder and gas;

3. information on the head of blast works;

4. data for the warehouse in which you will store the explosive materials on affiliation, type and its location.

(3) the project to perform special blasting:

1. made by the designer first degree or a group of designers with at least one projector in the first degree, as the cover page and the drawings shall be signed by the designer in the first degree;

2. agree with the owners of sites that are within the danger zone, and with the Mayor of the municipality where the blast works will be carried out in the localities.

Art. 13. (1) for permission to carry out technological (recurring) blasting the persons under art. 13 and be submitted to the appropriate Directorate "labour inspection":

1. an application in a form approved by the Ordinance under art. 13 (a), para. (2);

2. technological project for carrying out technological (recurring) blasting.

(2) in an application under subsection. 1, item 1 shall indicate:

1. name of the legal or natural person;

2. the nature and the methods of carrying out blasting, including the danger of blasting powder and gas;

3. information on the head of blast works;

4. data for the warehouse in which you will store the explosive materials on affiliation, type and its location.

Art. 13. (1) in the incompleteness and under irregularity of the documents referred to in art. 13 (b), para. 1 and art. 13 in, al. 1 the Director of the Directorate "labour inspection" or an official authorised by him within 5 working days from the date of submission of the application, notify the sender for any shortcomings and irregularities of the documents, as with the notification shall set a time limit of not less than 10 days to remove them.

(2) within 5 working days from the filing of the application or the date of elimination of the deficiencies or irregularities, the Director of the Directorate "labour inspection" under para. 1 or an official authorized by him shall issue a permit for the carrying out of special or technological (recurring) blasting or makes a reasoned refusal.

(3) a refusal to issue the permit is made in cases where the limitations and deficiencies in the documents are not removed within the period specified in the notification under paragraph 1. 1, or if non-compliance with the requirements for the issuance of a permit.

Art. 13 (1) when changing the head of blast works, authorized persons shall, within three working days of the replacement shall notify the Director of the Directorate "labour inspection" or an official authorised by him, by applying the information for the new professional head of blast works.

(2) the Director of the Directorate "labour inspection" under para. 1 or an official authorized by him within three working days from the filing of the notice of change of head of blast works reflect the changes in the authorization to carry out blasting or makes a reasoned refusal.


(3) in the case of the temporary absence of the head of blast works, the employer sets another licensed Manager, as within three working days of the determination shall notify the Director of Directorate "labour inspection" under para. 1 or an official authorized by him and provide information about it.

Art. 13. The refusal under art. 13, para. 3 and under art. 13 (e), para. 2 subject to appeal pursuant to the administrative code.

Art. 13 g. Permissions to perform special blasting shall be issued once the period of carrying out of blast works, permission for technological (recurring) blasting – until the end of the calendar year. "

§ 2. In art. 27 the following modifications are made:

1. Paragraph 1 shall be amended as follows:

' (1) in undertakings with more than 50 employees shall set up committees on labor conditions in the composition of 4 to 10 people. "

2. Paragraph 3 shall be repealed.

3. Paragraph 6 is replaced by the following:

"(6) in enterprises with a large numerical composition, a complex structure and territorial fragmentation can be constructed in addition to committees at the level of the enterprise and the committees to the respective structural units."

§ 3. In art. 28 para. 1 shall be amended as follows:

' (1) in enterprises with 5 to 50 employees including, as well as in individual structural units of establishments under art. 27, al. 6 groups are built. "

§ 4. Art is created. 28A:

"Art. 28. (1) the representatives of the employees on safety and health at work and the Vice-Chairman of the Committee on conditions of work shall be elected by the General Assembly in the enterprise by the procedure of art. 6 of the labour code for a period of 4 years.

(2) the early termination of the term under para. 1 may be requested at least one third of the total number of workers in the enterprise and shall be adopted by a majority of more than half of those present at the General Assembly. "

§ 5. In art. 30 the following modifications are made:

1. Paragraph 3 is replaced by the following:

"(3) in addition to the rights under paragraph 1. 2 the Vice-Chairman of the Committee on conditions of work and workers ' representative for safety and health at work in the conditions of work are entitled to:

1. access to all jobs in the enterprise or Division;

2. to be informed directly by the employees on all issues in the field of health and safety;

3. to participate in the investigation of accidents and in establishing the causes of occupational diseases;

4. to participate in the development of the draft internal rules and regulations in the field of health and safety at work, for which the employer must invite them;

5. to require the employer or the authority on safety and health at the enterprise work stoppage of work equipment or to prohibit the use of hazardous chemical substances and mixtures.

2. Paragraph 4 is replaced by the following:

"(4) the persons referred to in para. 3 are required:

1. to know the normative acts in the field of safety and health and to ensure compliance with them;

2. in the konstatirane of violations or failure to comply with the obligations to ensure the safety and health at work to inform the employer and to propose appropriate measures;

3. to inform employees of the results of the implementation of the activities referred to in para. 3;

4. not to disclose and not to use for their own account or for the account of third parties the information become known to them in or on the occasion of the implementation of their activity, which is an industrial or trade secret, as well as the personal data of employees, unless they have given their express consent to the disclosure;

5. the obligations referred to in paragraph 4 to sign the Declaration of disclosure of information and personal data, which remains in force after the termination of their authority. "

§ 6. Create art. 30A and 30B:

"Art. 30. (1) where work equipment and/or hazardous chemical substances and mixtures pose an immediate danger to life and health of the workers and there is no other way to minimize the risk, the Vice-Chairman of the Committee on conditions of work and workers ' representative for safety and health at work in the Group on working conditions in writing notify the responsible officer and/or the employer of the danger as may require them to temporarily prohibit their use.

(2) the employer may cancel the prohibition under para. 1, when it finds that the danger has been removed.

(3) in the event that the employer fails to take the necessary measures to eliminate the threat, Deputy Chairman of the Committee on conditions of work and workers ' representative for safety and health at work in the Group on working conditions signal controllers.

Art. 30 (b) (1) the employer shall provide the representatives in committees and working groups the necessary conditions, means and time to execute their rights and functions as well as the education and training that takes place during working hours, without affecting the amount of the remuneration.

(2) Representatives in committees and working groups may not be placed at a disadvantage for their actions to ensure healthy and safe working conditions. "

§ 7. Art is created. 32A:

"Art. 32. In establishments with less than 5 employees the employer discussed with employees issues in the field of safety and health at work, including in the event of risks which pose an immediate danger to the health, safety or the life of the workers. "

§ 8. In § 1 of the additional provisions are made the following amendments and additions:

1. point 2 (b) shall be replaced by the following:


"2B." representative of workers on safety and health at work "is any worker or employee who was chosen to represent the workers to the employer or to the State authorities in the field of safety and health at work, including in the event of a Lynx forges that create an immediate danger to the health, safety or the life of the workers."

2. Create t. 12 and 13:

"12." Special blasting "are blasting in settlements, industrial and construction sites, as well as in other places and sites requiring protection from the harmful effects on blast works.

13. "technological (recurring) blasting blasting operations are to be carried out in connection with a particular technology at work in the mining industry, hydro-technical construction and in the construction of other entities."

Final provisions

§ 9. The Council of Ministers shall adopt Ordinance referred to in art. 13 (a), para. 2 on a proposal of the Minister of labour and social policy within 6 months from the entry into force of this law.

§ 10. In the labour code (promulgated, SG. 26 and 27 of 1986; amend., no. 6 of 1988, no. 21, 30 and 94 of 1990, Nos. 27, 32 and 104 of 1991, no. 23, 26, 88 and 100 from 1992; decision No 12 of the Constitutional Court from 1995-69/1995; amend., SG. 87 of 1995. , PC. 2, 12 and 28 of 1996, PCs. 124 of 1997, PCs. 22 of 1998; Decision of the Constitutional Court No. 11 of 1998 – PCs. 52 of 1998; amend., SG. 56, 83, 108 and 133 of 1998, PCs. 51, 67 and 110 since 1999, issue. 25, 2001 issue. 1, 105 and 120 in 2002, PCs. 18, 86 and 95 of 2003 PCs. 52. Since 2004, PCs. 19, 27, 46, 76, 83 and 105 by 2005, issue. 24, 30, 48, 57, 68, 75, 102 and 105, 2006, issue. 40, 46, 59, 64 and 104 from 2007, PCs. 43, 94, 108 and 109 of the 2008 issue. 35, 41 and 103 of 2009, PCs. 15, 46, 58 and 77 by 2010; Decision of the Constitutional Court No. 12 of 2010 – PCs. 91 by 2010; amend., SG. 100 and 101 of 2010, PC. 18, 33, 61 and 82 by 2011, issue. 7, 15, 20 and 38 by 2012; Decision of the Constitutional Court No 7 by 2012 – PCs. 49 by 2012; amend., SG. 77 and 82 by 2012 PCs. 15 and 104 from 2013 and St. 1 by 2014) in art. 333, para. 1 creating item 5 (a):

' 5a. an employee who is elected as a representative of the workers on safety and health at work of the General Assembly or by the meeting of plenipotentiaries in accordance with art. 6, for the time, as long as there are such quality; ".

The law was adopted by the 42nd National Assembly on 11 March 2014 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Mihail Mikov

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