Construction workers in Kosovo have little opportunity to escape the prevailing heat.

Even if they try, their work may leave them without shade in which to avoid high temperatures, Indeksonline reports.

With little protection, they must remain exposed to the sun even in extreme heat to earn a living.

The Labour Inspectorate says it is not responsible for deciding when heat creates an emergency. It passes that responsibility to other authorities, without specifying which ones.

Chief Labour Inspector Basri Ibrahimi says Kosovo has not yet issued a decision regulating the issue.

“The Labour Inspectorate is not responsible for determining which situations are emergencies. Other authorities assess abnormal conditions, issue decisions and set criteria for what should be done. In Kosovo, no such decision has yet been issued. The government, or another authority—I do not know which one should be responsible—has not issued one,” Ibrahimi says.

As a result, private companies can continue requiring employees to work in the heat. According to Ibrahimi, the inspectorate cannot suspend work or impose a fine on that basis.

“We as an inspectorate do not have the right to close or suspend anyone’s work. The Labour Inspectorate is not responsible for assessing emergency or abnormal climatic conditions. I know you have referred to a decision implemented by the Labour Inspectorate in Macedonia. I contacted them, and they told me the situation was the same as in Kosovo. The Ministry of Health, or another authority, issued a decision, which the inspectorate then implemented. Neither in Kosovo nor in Macedonia does the Labour Inspectorate have the authority to make those assessments and issue such decisions,” he explains.

Indeksonline also tried to contact information officials at the Ministry of Health to establish whether a decision had been issued that would allow the inspectorate to proceed, but was unable to reach them.

Behxhet Shala, head of the Council for the Defence of Human Rights and Freedoms, also believes there is no adequate legal basis guaranteeing protection for construction workers.

“If a worker works at 37 degrees or above, their health is at risk. Unfortunately, there is no legal basis, or designated authority, ordering employers to suspend work in extremely high temperatures. The employer could stop work and make up that day later. There is no legal provision giving the right to impose a fine,” Shala says.

He insists that companies must provide conditions that protect workers’ lives.

“Anyone employing workers in these temperatures must take measures to ensure suitable working conditions and prevent lives being endangered. Working at 37, 38 or 39 degrees Celsius without protection poses a risk. Responsibility lies primarily with the contractor or employer, who must answer for the worker’s health. The inspectorate can visit, but it has no mandate to issue fines or suspend work because of the temperature.”

Construction workers consequently remain without the legal protection described as necessary in this report. /Indeksonline