What the law requires of employers for workplace safety
A short guide to Kosovo Law No. 04/L-161 on Safety and Health at Work: the main duties, deadlines and fines, each with its article.
The law applies to every employer in Kosovo, private and public, regardless of the number of employees. The employer is responsible for safe and healthy working conditions in every aspect of work (Article 5), and safety measures may never be charged to employees (Article 8).
Check the 12 legal criteriaFree guides for construction and manufacturing
Nine core duties
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Risk assessment for every workplace
The employer must assess the risks of each workplace in detail and prepare the risk assessment document with technical, organisational and hygiene measures.
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A person or service responsible for OHS
Every employer must assign one or more employees to occupational safety and health, or engage an external professional service when it has no qualified staff.
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Training for every employee
Workplace training before or after starting work, on a change of workplace, with new equipment or technology, and periodically. Training takes place during working hours.
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Information and consultation
Employees are informed about risks, protective measures, first aid, fire and evacuation, and consulted on measures, the risk assessment and the training plan.
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Work equipment and protective equipment
Work equipment is kept in good order and checked periodically; employees must be provided with personal protective equipment that is maintained and replaced on time.
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First aid, fire and evacuation
Measures for first aid, firefighting and evacuation; trained people; an evacuation plan known to everyone; enough fire extinguishers, refilled on schedule.
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Medical checks
All employees are sent for medical checks at institutions licensed for occupational medicine; for work under special conditions, the check comes before assignment.
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Workplace accidents
A register of injuries and occupational diseases, an injury report for the injured person, and immediate notification of the labour inspector for any accident with injury or death.
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Cooperation with contractors
Employers sharing a workplace cooperate on safety measures; the investor signs written agreements on OHS responsibility with contractors and subcontractors.
Who must handle OHS in your organisation
Article 10 ties responsibility to the number of employees.
- Up to 50The employer may take responsibility personally, if competent and meeting the conditions set by the Ministry.
- 50 to 250The employer must designate an expert for occupational safety and health tasks.
- Over 250The employer must engage one or more experts for occupational safety and health.
Where there are no qualified staff in the organisation, the employer engages an external professional service (Article 9).
Deadlines to remember
- ImmediatelyNotify the labour inspector of any accident with injury or death.Article 23
- Before work startsInformation on risks and training for the workplace.Articles 13 and 20
- Before first useCheck and test work equipment; also after reconstruction, breakdown or relocation.Article 14
- Every yearMedical checks for employees in workplaces with special conditions.Article 17
- At least every 2 yearsA practical evacuation drill according to the plan.Article 11
- At least every 3 yearsMedical checks for all employees.Article 22
Fines for employers
A fine is imposed for each provision breached (Article 25).
| Articles 5, 6, 9, 10Principles, general duties, responsible person | €500 - €10,000 |
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| Articles 7, 11, 12, 13, 15, 17Prevention, emergencies, risk document, premises | €500 - €35,000 |
| Article 8Investor, contractor or subcontractor | €5,000 - €35,000 |
| Articles 14, 16Work equipment, risk assessment | €500 - €25,000 |
| Articles 18, 19Information and consultation | €500 - €15,000 |
| Articles 20, 22, 23Training, medical checks, accidents | €500 - €20,000 |
Frequently asked questions
Does a small business need a risk assessment?
Yes. Articles 5 and 16 apply to every employer, regardless of size. For low-risk businesses the document is shorter, but it must exist and be updated when the work changes.
How often must employees be trained?
The law requires training before or after starting work, on a change of workplace, with new equipment or technology, and periodically when necessary (Article 20). We set the periodic rhythm from the risk assessment.
Who enforces the law?
The Labour Inspectorate (Article 24). An inspector can order immediate measures and, where there is serious risk, a temporary stop of the work process (Article 23).
Can an external company do this?
Yes. Where the employer has no qualified staff, the law requires it to engage external professional services (Article 9). That is exactly what HSK does.
This guide summarises the text of the law and is not legal advice. Secondary legislation may add requirements. Official text of the law in the Official Gazette
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