Area: Poslovni SOS
Competent authority: MDDSZ, MOP
EZU URL: .nan
Initiative ID: 646
Initiative accepted and completed: '2015-09-17'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2015-08-28'
Initiative published: '2015-08-28'
Initiative submitted: '2015-08-27'
Response from the competent authority: 'NOTE FROM THE MINISTRY OF PUBLIC ADMINISTRATION:
  We have asked the Ministry of Environment and Spatial Planning (MOP) to respond
  to the entrepreneur''s communication and to obtain the position of the Inspectorate
  of the Republic of Slovenia for the Environment and Spatial Planning (MESP) with
  information on the detection of infringements pursuant to Article 164, paragraph
  1, point 15 (1) of the ZGO-1 (if the investor does not provide for the prescribed
  construction site organisation plan) and we were interested to know the extent to
  which this provision is being monitored, the number of infringements detected over
  the past 5 years, and in which entities (natural persons, legal entities). We also
  asked the Ministry of Labour, Family, Social Affairs and Equal Opportunities to
  respond to the petition and requested that it also obtain the position of the Labour
  Inspectorate of the Republic of Slovenia.RESPONSE FROM THE MINISTRY OF ENVIRONMENT
  AND ENVIRONMENT: The current Act on the Construction of Buildings in 82. Article
  82 of the Building Code requires the investor to ensure that an appropriate site
  organisation plan is drawn up in accordance with the conditions of the building
  permit and that a safety plan is drawn up in accordance with the regulations on
  ensuring occupational safety and health and to ensure that the construction site
  is arranged in accordance with the safety plan. The contractor, or, where there
  are several contractors, the contractor appointed by the investor, must arrange
  the site in accordance with the safety plan and organise the works so that they
  do not endanger the safety of the structure, human life and health, traffic, neighbouring
  buildings or the environment. Failure to comply with these obligations is an offence
  under the Building Construction Act, punishable by a fine, and is monitored by building
  inspectors. The Regulation on ensuring health and safety at work on temporary and
  mobile construction sites, which transposes Directive 92/57/EEC of 24 June 1992
  on the implementation of minimum health and safety requirements on temporary or
  mobile construction sites, also obliges the investor, or the project supervisor
  on his behalf, to draw up a safety plan and to appoint safety coordinators during
  the preparation phase of the project and the execution phase of the works. Compliance
  with these requirements is monitored by the labour inspectorate. It is clear from
  the above that the obligations relating to site layout and safety on construction
  sites under the two regulations are closely intertwined and, to some extent, contradictory.
  In the revision of the construction legislation, which is currently in the drafting
  phase, we intend to maintain the provisions relating to ensuring safety in the execution
  of works in the Construction Act, as is already the case in the existing legislation,
  and we will propose, to further strengthen the responsibility of the investor or
  his construction supervision agent and, more consistently, we intend to avoid duplicating
  or over-regulation of the rules laid down in the Regulation on ensuring health and
  safety at work on temporary and mobile construction sites, which has fully implemented
  the abovementioned Directive 92/57/EEC. Notwithstanding the envisaged reform of
  the legislation, we would like to make it clear that the obligations that the investor
  has under the law or the Regulation itself cannot be excluded by the contractual
  provisions, as this is a requirement of the law, which entails an offence and the
  appropriate sanctioning by the competent inspection services. However, liability
  for damages and criminal liability in the event of damage or in the event of the
  elements of a criminal offence being fulfilled in connection with the acts or omissions
  of the participants in the construction project is governed by the provisions of
  the Civil Code and the Criminal Code. In addition to the response, the MoE submitted
  a Report on the actions taken by the Building Inspectorate to identify infringements
  pursuant to Article 164(1)(15) of the Building and Construction Code in conjunction
  with Article 82 of the Building and Construction Code (which does not concern inspections
  of the obligations laid down in the Regulation on occupational health and safety
  on mobile and temporary construction sites, carried out by the Labour Inspectorate).
  We publish the main findings of the report on the action "Supervision on construction
  sites May - June 2014", which were provided by the Inspectorate of Environment and
  Spatial Planning of the Republic of Slovenia: Report on the violations found 82.
  The following tables show the results of the inspection of the inspection of the
  construction site of Article 82 of the Environmental Protection Act (ZGO-1), concerning
  the organisation of the construction site, the safety plan and the layout of the
  construction site, for which a decision for the rectification of irregularities
  was issued on the basis of Article 150(1)(1) of the Environmental Protection Act
  (ZGO-1), or a decision for the suspension of the construction, because the identified
  irregularities have not been rectified, according to the specific entities: DECISION
  - CURATION OF IMPROPERITIES Natural personsLegal personsTotalYear 2013from 1.2.2013
  to 31.12.201322325Year 2014from 1.1.2014 to 31.12.201411213Year 2015from 1.1.2015
  to 1.9.20159312TOTAL42850 DECISION - STOPPING CONSTRUCTION BECAUSE IMPROPERITIES
  HAVEN''T BEEN CURED Natural personsLegal personsTotalYear 2013from 1.1.2014 to 31.12.20141.213Year
  2015from 1.1.2015 to 1.9.20159312TOTAL42850 DECISION - STOPPING CONSTRUCTION BECAUSE
  THE IMPOPERITIES HAVE NOT BEEN CURED Natural personsLegal entitiesTotalYear 2013from
  1.1.2013 to 1.9.20151.2.2013 to 31.12.2013101Year 2014from 1.1.2014 to 31.12.2014213Year
  2015from 1.1.2015 to 1.9.2015000TOTAL314In the course of inspections of construction
  sites, inspectors generally check, among other things, compliance with Article 82
  of the PGO-1. In their on-site inspections of individual construction sites, building
  inspectors check information on the building, the investor, the supervisor, the
  responsible supervisor, the liability insurance, the contractor, the building permit
  and the components of the building permit, the project for execution, the record
  of completion, the construction permit, the construction permit, the construction
  project, the construction project, the construction project, the construction project,
  the construction project, the construction project, the construction project, the
  construction project, the construction project and the construction project. The
  construction site supervision campaign in 2014 included 548 construction sites where
  the construction of 114 complex buildings, 433 less complex buildings and 1 simple
  building was carried out. The campaign involved 60 building inspectors and 2 inspectors
  from the Transport, Energy and Spatial Planning Inspectorate of the Republic of
  Slovenia. The building inspectors opened 610 inspection proceedings and 51 infringement
  proceedings in connection with the campaign. In 224 cases, no irregularities were
  detected in the inspections carried out in the framework of the campaign, and a
  decision to discontinue the proceedings was issued. In the remaining cases, the
  irregularities found related to the securing and marking of the construction site,
  the site organisation plan, the safety plan, irregularities in the keeping of the
  construction logbook, the absence of documents on the construction site, irregularities
  in the conclusion of contracts with construction participants and their eligibility,
  irregularities in the staking of the building, irregularities in the registration
  of the construction activity, irregularities in liability insurance and the extent
  and adequacy thereof, and irregularities in the proof of the materials used. The
  campaign carried out 683 regular and extraordinary inspections, 48 extraordinary
  inspections with hearings, 235 control inspections and 192 hearings.It found that
  construction sites of complex buildings and buildings built with public and/or EU
  funds are generally well-maintained and free of irregularities. More irregularities
  were observed in relation to the construction of less complex facilities, in particular
  when the construction is carried out on own account or with completely uninformed
  investors. In this type of cases, irregularities were found mainly in relation to
  marking, insurance, construction participants and site layout.The inspectors evaluated
  the campaign very positively, as did the positive impressions from the field, as
  many participants welcomed this type of campaign, as cases of infringements often
  involve unfair competition, and the Inspectorate for the Environment and Spatial
  Planning of the Republic of Slovenia made a number of suggestions for improving
  the current situation in the drafting of the new construction legislation, which
  is currently under preparation.RESPONSE OF THE MINISTRY OF LABOUR, FAMILY, SOCIAL
  AFFAIRS AND EQUAL OPPORTUNITIES: Measures to ensure occupational safety and health
  at construction sites, specifying the obligations of the client, the supervisor,
  the safety and health coordinator and the construction contractor, are laid down
  in the Regulation on ensuring occupational safety and health at temporary and mobile
  construction sites (Official Gazette of the Republic of Slovenia No. Article 4(6)
  of the Regulation stipulates that, before starting work on a construction site,
  the client or project supervisor must ensure that a safety plan is drawn up. Any
  changes which may affect the safety and health of workers at work on the construction
  site must be entered in the safety plan. The safety plan shall form an integral
  part of the project documentation provided for in the specific regulations. The
  responsibility for drawing up the safety plan and other documentation appropriate
  to the characteristics of the project and containing the relevant safety and health
  information to be taken into account in any subsequent work lies with the safety
  and health coordinator at the project preparation stage (Article 7 of the Regulation).
  The appointment of the coordinator is also the responsibility of the client (or,
  under his authority, the project supervisor) (1.In relation to the question or initiative,
  we would like to clarify that the Regulation expressly provides that the appointment
  of a safety and health coordinator does not relieve the contracting authority or
  the project supervisor of their obligations to ensure the safety and health of workers
  at work on the construction site. Furthermore, it is important that the client or
  the project supervisor cannot delegate their obligations under the Regulation to
  the contractor (Article 9 of the Regulation). The above regulation is in line with
  European regulation and practice, as the Regulation fully transposes Council Directive
  92/57/EEC of 24 June 1992 on the implementation of minimum health and safety requirements
  on temporary or mobile construction sites. The Regulation also provides for penalties
  or fines for offences committed by the project promoter (investor) by failing to
  appoint an occupational safety and health coordinator, failing to ensure that a
  safety plan is drawn up, failing to draw up a site registration, etc.The Ministry
  of Labour, Family, Social Affairs and Equal Opportunities has also obtained the
  position of the Labour Inspectorate of the Republic of Slovenia on the issue raised
  (on the initiative of the Ministry of Public Administration). The Inspectorate notes
  that, although the obligations of the contracting authority or project supervisor
  are defined in this way, in practice it happens that the main contractor is contractually
  obliged to draw up a safety plan or bears the cost of drawing up a safety plan.
  In this way, while the client ensures that the safety plan is drawn up, it also
  passes on the cost to the contractor, which is the most important thing for the
  contractor. Since the contracting authority ensures that the safety plan is drawn
  up, it is also not in breach of Article 9 of the Regulation, even though Article
  9 of the Regulation provides that the contracting authority or the project supervisor
  cannot pass on their obligations under the Regulation to the contractor.With regard
  to the Inspectorate''s findings, the Ministry explains that, despite the practice
  whereby the contracting authority or the investor passes on to the contractor the
  costs of drawing up the safety plan or other documentation, the contracting authority
  is still liable for its obligations under the Regulation, including in the event
  that the safety plan has not been drawn up, as pointed out by the contractor in
  its letter. In addition to the issue raised, the Inspectorate has identified some
  other problems in practice with the implementation of the Regulation, and the Ministry,
  in cooperation with the Inspectorate, will consider the findings of the supervisory
  authority and, in this context, the possibilities for supplementing or amending
  the legislation in this area, which could also contribute to more consistent compliance
  with the Regulation in practice.'
Text file: 646.txt
Title: Safety plan
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=646
