Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Occupational Safety and Health Convention, 1981 (No. 155) - Montenegro (Ratification: 2006)

Legislation. The Committee notes the Government’s indication that it has approved a proposal for a law on health and safety at work, currently before Parliament, which will be followed by the adoption of secondary legislation. The Committee requests the Government to provide a copy of the new law on health and safety at work and the secondary legislation, once adopted.

Articles 4 and 7 of the Convention. National policy on occupational safety, occupational health and the working environment and review of the national situation in this regard. The Committee notes the Government’s statement that it established a tripartite Social Council to define a national policy and monitor its implementation, pursuant to the Law on the Social Council (16/07). The Government also indicates that, in 2010, the Social Council adopted the Strategy for improving health and safety at work in Montenegro for 2010–14, along with an action plan for its implementation, that this Strategy will be harmonized with the European Union Strategy Framework on Health and Safety at Work 2014–20, and that this strategy is adopted with the cooperation with the social partners. In addition, the Government indicates that periodic reports on the enforcement of legislation provide the basis for planning, monitoring, promotional activities and the development of strategies at the national level. The Committee requests the Government to provide information on the manner in which the Strategy for improving health and safety at work is reviewed, in consultation with the social partners. In this regard, it also requests the Government to provide information on the results of any review of the national situation regarding occupational safety and health, including the identification of major problems and the methods for dealing with them. Please provide a copy of the new Strategy once it is adopted.

Article 11(b). Substances subject to authorization and control. The Committee notes the Government’s statement that the Law on safety at work does not ensure the application of Article 11(b) of the Convention on the determination of work processes and substances and agents to which exposure is to be prohibited, limited or made subject to authorization or control by the competent authority or authorities. In this regard, the Committee notes the Government’s indication in its reports submitted on the application of the Benzene Convention, 1971 (No. 136), the Occupational Cancer Convention, 1974 (No. 139), and the Asbestos Convention, 1986 (No. 162), that it intends to adopt several rulebooks on the safety and health of workers with regard to exposure to chemical substances, carcinogenic and mutagenic substances and asbestos, following the adoption of the new Law on safety and health. The Committee requests the Government to continue to provide information on measures taken by the competent authority to ensure that the functions in Article 11(b) are progressively carried out, and to provide a copy of any rulebooks adopted in this regard.

Article 11(e). Publication of information on the implementation of the national policy and on occupational accidents, occupational diseases and other injuries to health. The Committee notes the Government’s statement that the adoption of new regulations on safety and health at work will address the obligation to publish an annual report containing information on measures taken to develop a policy on occupational safety and health. The Committee requests the Government to continue to provide information on measures taken to ensure that the functions referred to in Article 11(e) of the Convention are carried out, and to provide a copy of any report published in this respect.

Article 19(e). Right of workers, and their representatives, to enquire into all aspects of occupational safety and health associated with their work. The Committee notes that section 34 of the Law on safety at work obliges employers to consult employees or their representatives and enable them to participate in discussions on all matters that relate to safety and protection at work. Pursuant to section 22 of the Law, employers are obliged to inform the employee or the employee’s representative on the risks to safety and health, as well as on the rights and obligations related to safety at work. The Committee requests the Government to provide information on the measures taken or envisaged to enable workers, or their representatives, to enquire into all aspects of occupational safety and health.