Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Article 3 of the Convention. Definitions. The Committee notes the information provided by the Government indicating the definitions, under section 5 of the Law on Safety at Work, for the terms “employee”, “employer” and “workplace”. The Committee asks the Government to provide information on the definition of the term health in relation to work, and to indicate whether the use of this term, with regard to the application of the Convention, includes reference to the physical and mental elements affecting health, which are directly related to safety and hygiene at work.

Article 4; Article 5, subparagraphs (a)–(e); Article 6; and Article 15. National policy on occupational safety, occupational health and the working environment. The Committee welcomes the Government’s indication that the development of a national policy is currently under way and that it will be achieved through consultation with social partners, through their participation in the social council. The Committee asks the Government to provide further information in its next report on the formulation, implementation and periodical review of the national policy, and the aim of the policy (Article 4); to indicate the specific measures taken or envisaged to give effect to each provision under Article 5; and to indicate the respective functions and responsibilities in respect of occupational safety and health and the working environment of public authorities, employers, workers and others (Article 6), as well as coordination between the various authorities and bodies called upon to give effect to Parts II and III of the Convention (Article 15).

The Committee further notes its comments on the Government’s previous report on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), which requests the Government to provide further information on the operation of the tripartite consultations on international labour standards including further details on the activities of the social council. The Committee hopes that the Government will ensure that the formulation, implementation and periodical review of its national policy will be developed in consultation with the most representative organizations of employers and workers.

Article 7. Review, at appropriate intervals, of the situation regarding occupational safety and health. The Committee notes the information provided by the Government indicating the preparation of periodical reports on the situation and problems in safety at work, which inform the creation, by the Council, of the National Safety at Work Policy. The Committee requests the Government to provide information on the outcome of this review process and how this review affects the development of the national policy in the country.

Article 11, subparagraphs (b)–(f). Progressive measures to give effect to the national policy. The Committee notes the information provided by the Government indicating effect given to Article 11(a). The Committee asks the Government to provide further information on the measures undertaken or envisaged to progressively carry out the provisions in Article 11(b)–(e).

Article 12, subparagraph (c). Studies and research of scientific and technical knowledge by those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the information indicating that in accordance with sections 8 and 10 of the Law on Safety at Work, the design, construction of new, and reconstruction of existing undertakings; and the use and maintenance of technological work processes and equipment in relation to such undertakings, should be undertaken in a way which ensures work of employees is performed in a safe manner; and that chemical, physical and biological hazards; microclimate; and illumination in workplaces and supporting rooms, should be adjusted to the prescribed measures and norms applicable to the activity which is performed in such workplaces and in such work premises. The Committee asks the Government to provide further information on measures to ensure that effect is given to Article 12(c).

Article 13. Protection of workers from undue consequences. The Committee notes the information provided by the Government indicating the right of workers, under section 28 of the Law on Safety at Work, to refuse to work if they are under a direct life or health threat. The Committee asks the Government to provide further information on measures, in law and practice, to ensure that workers, who refuse to work under the provisions of section 28, are protected from undue consequences.

Article 14. The inclusion of questions of occupational safety and health at all levels of education. The Committee notes the information indicating that education in the field of safety at work is an integral part of general and professional training in all types and at all levels of schooling of employees. The Committee asks the Government to provide further information on measures to ensure the inclusion of questions of occupational safety and health, and the working environment, at all levels of education and training.

Article 19, subparagraph (e). Right of workers, and their representatives, to inquire into all aspects of occupational safety and health associated with their work. The Committee notes the obligation on employers to consult employees, or their representatives, on all matters that relate to safety and protection at work. The Committee asks the Government to provide further information on measures undertaken to allow workers, or their representatives, to inquire into all aspects of occupational safety and health; and whether for this purpose, technical advisers may, by mutual agreement, be brought in from outside the undertaking.

Part V of the report form. Application in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, with particular reference to the provision of adequate penalties for violations of the laws and regulations concerning occupational safety and health; and to attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents reported.