New Obligations for Employers to Prevent and Mitigate the Spread of COVID-19

In accordance with the still ongoing COVID-19 pandemic in the Republic of Serbia, the Ministry of Labour, Employment, Veteran and Social Policy has adopted the Rulebook on Preventive Measures for Health and Safety at Work in order to Prevent the Occurrence and Spread of an Infectious Disease Epidemic (“Official Gazette of the RS”, No. 94/2020 – the “Rulebook”), which additionally regulates the obligations and activities of both employers and employees, in order to prevent further spread of the epidemic. The Rulebook entered into force on 11 July 2020, and is applicable to all workplaces with the employer, except for field work and work from home.
The Rulebook imposes an obligation on employers to adopt a plan for the implementation of measures in accordance with the Rulebook (the “Plan”), which represents an integral part of the risk assessment act. The employers should adopt the Plan within 30 days from the Rulebook’s entry into force, i.e. by 10 August 2020.

The Plan must contain:

1) preventive measures and activities to prevent the outbreak of the infectious disease epidemic;

2) obligations and responsibilities related to the implementation and monitoring of the preventive measures and activities;

3) measures and activities in case of an infectious disease outbreak.

Some of the most important measures that the employer is obliged to apply in accordance with the Rulebook, are the following:

• To provide written instructions and guidelines on measures and procedures for the prevention of the infectious disease outbreak, which contain information on the symptoms of an infectious disease;
• In accordance with the possibilities, if shift work is not organized, to reorganize working hours by introducing the second or third shift in order to minimize the number of employees per shift;
• To carry out enhanced hygiene, disinfection of work and auxiliary premises, and regular cleaning of work surfaces;
• To provide employees with a sufficient amount of alcohol-based disinfectants, as well as sufficient amounts of soap, towels, running water.

In the event that an infectious disease occurs among the employees, the employer is obliged to apply additional preventive measures to protect the employees, in particular the following:

• To disinfect the area where the infected employee stayed;
• To precisely define the directions of movement of employees through work and auxiliary premises;
• To ensure that the procedures for entering and leaving the employer’s premises are respected, as well as the use of prescribed means and personal protection equipment at work and other protective measures during the work.

In addition to the above and other measures prescribed by the Rulebook, employers and employees are obliged to adhere to all other measures recommended by epidemiologists.

In order to ensure implementation of preventive measures in accordance with the Rulebook, the responsible person for safety and health at work, in cooperation with the employer, shall plan, implement and encourage the application of these measures.

For consultations regarding the application of the Rulebook and adoption of the Plan, as well as regarding all other legal issues related to the obligations of the employer during the COVID-19 pandemic, feel free to contact: irena.kalmic@avs.legal.