Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (OSH) and 187 (promotional framework for OSH) together.

Application of Conventions Nos 155 and 187 in practice. The Committee notes the information provided by the Government in its reports, including statistics for the year 2024 regarding the number of inspections carried out (1,915), irregularities identified (3,236), misdemeanour orders (630, with corresponding fines amounting to a total of €278,740.00), warnings issued (761), decisions taken by inspectors (99 of which 55 concerned the elimination of irregularities, and 25 imposed temporary bans on work due to immediate threats to life and health or failure to implement occupational safety measures), and workplace injury investigations (16, including 4 fatal accidents and 12 serious injuries). With regard to the most common causes of workplace injuries, the Committee notes that the Government refers to failure to implement OSH measures, engagement of untrained personnel for tasks requiring safety training and prior health assessments, outdated work equipment, and use of such equipment without prior inspection or certification by authorized occupational health and safety organizations. The Committee notes that the number of occupational injuries has been increasing since 2020. The Committee requests the Government to continue to provide information on the application of Conventions Nos 155 and 187 in practice. The Committee also requests the Government to continue to provide further information on the measures taken or envisaged with a view to reducing the number of occupational injuries, as well as on the impact of such measures.

General provisions

National system

Article 11(c) and (e) of Convention No. 155 and Article 4(3)(f) of Convention No. 187. Procedures for collection and analysis of data. Production of annual statistics and annual publication of information on occupational accidents and diseases. The Committee notes the Government’s indication that there is currently no institution responsible for verifying occupational diseases and that the greatest challenge is related to the lack of doctors specialized in occupational medicine. The Committee also notes that, the Ministry of Health plans to establish an office composed of three occupational medicine specialists, that will be tasked to initiate reforms in the field of occupational medicine, in cooperation with existing members of the inter-institutional Working Group for the Health Protection of Employees, established by the Ministry of Health. Furthermore, the Committee notes that: (i) a road map has been prepared with short-term, medium-term and long-term priorities for the work of this office; (ii) the office is expected to begin operations by September 2025; and (iii) the updating of the Rulebook on the content and procedures for reporting workplace injuries and diseases is among the short-term priority as well as the updating of existing occupational medicine contracts with employers. The Committee requests the Government to continue to provide information on the measures taken in order to improve the establishment and application of procedures for the notification of occupational diseases and the publication of information on the number of occupational diseases reported. In this regard, the Committee requests the Government to provide information on the status of implementation of the road map.

National Programme

Article 5 of Convention No. 187. National OSH Programme. The Committee notes that the new Strategy for the Improvement of Occupational Safety and Health 2022–2027 follows the model of the European Strategy for the Improvement of Health and Safety at Work 2021–27. In this context, the Committee also notes the Government’s indication that: (i) the annual report on the implementation of the Action Plan for the improvement of OSH for 2023, along with the 2024 Action Plan of the Strategy for 2024, were adopted in May 2024; (ii) the 2025 annual report and action plan have been submitted for review to the Ministry of Finance and the General Secretariat of the Government; and (iii) the reports on the implementation of the annual action plans provide an overview of the activities carried out. The Committee notes that the Strategy for 2022–2027 and the Action Plan for 2023 are published on the Government’s website. The Committee requests the Government to provide further information on the measures outlined in the 2025 and subsequent Action Plans for the implementation of the Strategy and to provide information on the consultations held with the most representative organizations of employers and workers in the formulation implementation, monitoring and evaluation of the Strategy and Action Plans.

In addition, the Committee recalls the pending comments regarding the technical OSH Conventions ratified (the White Lead (Painting) Convention, 1921 (No. 13), the Underground Work (Women) Convention, 1935 (No. 45), the Guarding of Machinery Convention, 1963 (No. 119), the Occupational Cancer Convention, 1974 (No. 139), the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), the Occupational Health Services Convention, 1985 (No. 161), the Asbestos Convention, 1986 (No. 162), the Safety and Health in Construction Convention, 1988 (No. 167)), adopted by the Committee in 2021, for which the Government will be requested to reply in accordance with the reporting cycle.

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes that the Government’s reports have not been received. It hopes that the next reports will contain full information on the matters raised in its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (OSH) and 187 (promotional framework for OSH) together.

Application of OSH Conventions in practice. The Committee notes the information provided by the Government in its reports, including statistics regarding the number of inspections carried out and their outcomes. The Government indicates that, in the period 2016–19, labour inspectors carried out 10,831 inspections, detecting 11,618 irregularities in total, and that 1,065 injuries at work in total were reported in 2019, down from 1,199 in 2018. The Committee welcomes the Government’s indication that in the period 2008–17, the number of occupational injuries decreased by 51.8 per cent. The Committee notes, however, that, according to available data from the Government, only 14 per cent of acts on risk assessments at the level of the undertaking are adopted. The Committee also observes that, according to the Government, failure by the employer to keep OSH records, to procure and ensure the use of personal protective equipment, to undertake the necessary measures and designate employees for emergencies, as well as the lack of risk assessment acts for all jobs, figure amongst the most common OSH violations identified. With regard to the construction sector, the Committee also notes that the Government refers to the funding of a number of projects on OSH. The Government states that, while construction was the sector recording the highest number of occupational injuries in 2017 (39 per cent), this represented a decrease compared to 2008, when it recorded 82 per cent of all occupational injuries. The Committee requests the Government to continue to provide information on the application of the ratified OSH Conventions in practice, including on the number of occupational accidents and diseases reported, and the number and nature of violations detected by labour inspectors. The Committee also requests the Government to provide further information on the measures taken or envisaged with a view to reducing the number of OSH violations, occupational accidents and occupational diseases in the country, as well as on the impact of such measures.

General provisions

OSH and its promotional framework (Conventions Nos 155 and 187)

The Committee takes note of the information provided by the Government in reply to its previous requests concerning Articles 4 (national policy), 7 (review of OSH situation), 11(b) (functions of authorities regarding substances subject to authorization and control) and 19(e) (enquiry and consultation on OSH at the undertaking level) of Convention No. 155. It also takes note of the information provided by the Government in reply to its previous requests concerning Articles 2(3) (consideration of measures to ratify OSH Conventions), 4(3)(e) (research on OSH) and 4(3)(h) (micro-enterprises, small and medium-sized enterprises and informal economy) of Convention No. 187.

National system

Article 11(c) and (e) of Convention No. 155 and Article 4(3)(f) of Convention No. 187. Procedures for collection and analysis of data. Production of annual statistics and annual publication of information on occupational accidents and diseases. Following its previous comments on measures taken to give effect to Article 11(e) of Convention No. 155, the Committee notes the Government’s indication that the Department for Safety and Health at Work submits reports on published laws and regulations, statistics on injuries at work, and participation in promotional and other activities. The Committee also notes that, under sections 50 and 51 of the Law on Safety and Health at Work (Nos 34/14, 44/18), employers are required to keep records, including on injuries at work and occupational diseases, and to make an annual OSH report. Furthermore, the Committee previously noted the cooperation duties regarding the sharing of information on occupational injuries and diseases between the state authority on labour and health institutions, as envisaged under section 52 of the same Law. However, in this respect, the Government indicates that there is no institution in charge of verifying occupational diseases in the country, and therefore no relevant information on reported occupational diseases. The Committee thus requests the Government to take measures to enable the collection and analysis of data on occupational diseases, and to ensure the production and publication of annual statistics on both occupational accidents and diseases, to give full effect to Article 11(c) and (e) of Convention No. 155 and Article 4(3)(f) of Convention No. 187. The Committee requests the Government to provide further information on measures taken in this regard.

National Programme

Article 5 of Convention No. 187. National OSH Programme. The Committee previously noted the Strategy on Safety and Health at Work 2016–20 and its action plan, and requested for information on its implementation and on the participation of social partners in its formulation. In this regard, the Committee notes the Government’s indication that representatives from all relevant institutions, including social partners, were involved in the drafting of the Strategy on Safety and Health at Work 2016–20. The Government further indicates that the level of implementation of the strategy’s action plan reached over 95 per cent. The Committee notes the Government’s statement that it is currently working on a new Strategy for the Improvement of Health and Safety at Work, which will be harmonized with the European Strategy for the Improvement of Health and Safety at Work 2021–27. The Committee requests the Government to provide further information on how the review of the Strategy on Safety and Health at Work 2016–20 will be taken into account in the adoption of the new Strategy for the Improvement of Health and Safety at Work, and to provide a copy of this new strategy, once adopted. In addition, the Committee requests the Government to provide information on the implementation of this new strategy, and on the manner in which the Government ensures that the strategy will be widely publicized, in accordance with Article 5(3) of the Convention.

In addition, the Committee recalls the pending comments regarding the technical OSH Conventions ratified (the White Lead (Painting) Convention, 1921 (No. 13), the Underground Work (Women) Convention, 1935 (No. 45), the Guarding of Machinery Convention, 1963 (No. 119), the Occupational Cancer Convention, 1974 (No. 139), the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), the Occupational Health Services Convention, 1985 (No. 161), the Asbestos Convention, 1986 (No. 162), the Safety and Health in Construction Convention, 1988 (No. 167)), adopted by the Committee in 2021, for which the Government will be requested to reply in 2027 in accordance with the reporting cycle.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 45 (underground work (women)), 119 (guarding of machinery), 139 (occupational cancer), 148 (working environment (air pollution, noise and vibration)), 155 (OSH), 161 (occupational health services), 162 (asbestos), 167 (OSH in construction) and 187 (promotional framework for OSH) together.

Application of OSH Conventions in practice. The Committee notes the information provided by the Government in its reports, including statistics regarding the number of inspections carried out and their outcomes. The Government indicates that, in the period 2016–19, labour inspectors carried out 10,831 inspections, detecting 11,618 irregularities in total, and that 1,065 injuries at work in total were reported in 2019, down from 1,199 in 2018. The Committee welcomes the Government’s indication that in the period 2008–17, the number of occupational injuries decreased by 51.8 per cent. The Committee notes, however, that, according to available data from the Government, only 14 per cent of acts on risk assessments at the level of the undertaking are adopted. The Committee also observes that, according to the Government, failure by the employer to keep OSH records, to procure and ensure the use of personal protective equipment, to undertake the necessary measures and designate employees for emergencies, as well as the lack of risk assessment acts for all jobs, figure amongst the most common OSH violations identified. With regard to the construction sector, the Committee also notes that the Government refers to the funding of a number of projects on OSH. The Government states that, while construction was the sector recording the highest number of occupational injuries in 2017 (39 per cent), this represented a decrease compared to 2008, when it recorded 82 per cent of all occupational injuries. The Committee requests the Government to continue to provide information on the application of the ratified OSH Conventions in practice, including on the number of occupational accidents and diseases reported, and the number and nature of violations detected by labour inspectors. The Committee also requests the Government to provide further information on the measures taken or envisaged with a view to reducing the number of OSH violations, occupational accidents and occupational diseases in the country, as well as on the impact of such measures.

A. General provisions

1. OSH and its promotional framework (Conventions Nos 155 and 187)

The Committee takes note of the information provided by the Government in reply to its previous requests concerning Articles 4 (national policy), 7 (review of OSH situation), 11(b) (functions of authorities regarding substances subject to authorization and control) and 19(e) (enquiry and consultation on OSH at the undertaking level) of Convention No. 155. It also takes note of the information provided by the Government in reply to its previous requests concerning Articles 2(3) (consideration of measures to ratify OSH Conventions), 4(3)(e) (research on OSH) and 4(3)(h) (micro-enterprises, small and medium-sized enterprises and informal economy) of Convention No. 187.

National system

Article 11(c) and (e) of Convention No. 155 and Article 4(3)(f) of Convention No. 187. Procedures for collection and analysis of data. Production of annual statistics and annual publication of information on occupational accidents and diseases. Following its previous comments on measures taken to give effect to Article 11(e) of Convention No. 155, the Committee notes the Government’s indication that the Department for Safety and Health at Work submits reports on published laws and regulations, statistics on injuries at work, and participation in promotional and other activities. The Committee also notes that, under sections 50 and 51 of the Law on Safety and Health at Work (Nos 34/14, 44/18), employers are required to keep records, including on injuries at work and occupational diseases, and to make an annual OSH report. Furthermore, the Committee previously noted the cooperation duties regarding the sharing of information on occupational injuries and diseases between the state authority on labour and health institutions, as envisaged under section 52 of the same Law. However, in this respect, the Government indicates that there is no institution in charge of verifying occupational diseases in the country, and therefore no relevant information on reported occupational diseases. The Committee thus requests the Government to take measures to enable the collection and analysis of data on occupational diseases, and to ensure the production and publication of annual statistics on both occupational accidents and diseases, to give full effect to Article 11(c) and (e) of Convention No. 155 and Article 4(3)(f) of Convention No. 187. The Committee requests the Government to provide further information on measures taken in this regard.

National Programme

Article 5 of Convention No. 187. National OSH Programme. The Committee previously noted the Strategy on Safety and Health at Work 2016–20 and its action plan, and requested for information on its implementation and on the participation of social partners in its formulation. In this regard, the Committee notes the Government’s indication that representatives from all relevant institutions, including social partners, were involved in the drafting of the Strategy on Safety and Health at Work 2016–20. The Government further indicates that the level of implementation of the strategy’s action plan reached over 95 per cent. The Committee notes the Government’s statement that it is currently working on a new Strategy for the Improvement of Health and Safety at Work, which will be harmonized with the European Strategy for the Improvement of Health and Safety at Work 2021–27. The Committee requests the Government to provide further information on how the review of the Strategy on Safety and Health at Work 2016–20 will be taken into account in the adoption of the new Strategy for the Improvement of Health and Safety at Work, and to provide a copy of this new strategy, once adopted. In addition, the Committee requests the Government to provide information on the implementation of this new strategy, and on the manner in which the Government ensures that the strategy will be widely publicized, in accordance with Article 5(3) of the Convention.

2. Occupational Health Services Convention, 1985 (No. 161)

The Committee takes note of the information provided by the Government in reply to its previous requests concerning Articles 1 (meaning of occupational health services), 5 (functions of occupational health services) and 12 (health surveillance during working hours) of the Convention.

Article 3(1) of the Convention. Progressive development of occupational health services for all workers. The Committee notes that, pursuant to section 38 of the Law on Safety and Health at Work, employers are required to engage professional OSH services or professional persons, depending on the organization, the nature and the scope of work processes, the number of employees who participate in such work, the number of shifts and other factors. Regarding its previous request for information on the number of employers who have engaged such professional services, the Committee notes the Government’s indication that there is no exact data in this respect. However, the Government states that there are currently 28 authorized institutions for health care of employees in Montenegro, according to the data of the Ministry of Health. The Committee requests the Government to provide further information on the measures taken or envisaged to develop progressively occupational health services for all workers, in practice.

Article 8. Cooperation between employers, workers and their representatives with respect to occupational health services. The Committee previously requested for information on the participation in practice of employees, when implementing measures relating to occupational health services. In this regard, the Committee notes that the Government refers to section 24 of the Law on Safety and Health at Work, regarding cooperation and consultation between the employer, and employees and their representatives or trade unions. The Government indicates that cooperation and consultations take place with authorized health institutions. The Committee requests the Government to provide further information on the manner in which, in practice, employers together with workers and their representatives cooperate and participate in the implementation of the organisational and other measures relating to occupational health services.

Article 15. Requirement to inform occupational health services of occurrences of illness and absence from work for health reasons. Following its previous comments on this matter, the Committee notes the Government’s indication that regulations have yet to be adopted concerning the requirement that occupational health services shall be informed of occurrences of ill health amongst workers and absence from work for health reasons. The Committee notes that, pursuant to section 39 of the Law on Safety and Health at Work, employers are required to give professional persons and services access to all information relevant to OSH. The Committee requests the Government to provide further information on measures taken to give effect to Article 15 of the Convention, including information on the adoption of the abovementioned regulations.

B. Protection against specific risks

1. White Lead (Painting) Convention, 1921 (No. 13)

Articles 1, 2, 5, 6 and 7 of the Convention. Prohibition and regulation of the use of white lead and sulphate of lead, and of all products containing these pigments. The Committee previously noted with interest that Montenegro has a prohibition on the use of substances or mixtures containing lead carbonate and lead sulphate when intended for use in paints, except for use in restoration and maintenance of works of art or historic buildings and their interiors. It requested for information on any regulations adopted concerning the use of white lead paint for works of art, historic buildings and their interiors. The Committee notes the indication of the Government that there are no relevant provisions in this regard. The Committee recalls that Article 2(2) of the Convention requires the use of white lead, sulphate of lead, and all products containing these pigments for the purpose of artistic painting and fine lining, to be regulated, in conformity with Articles 5, 6 and 7. The Committee requests the Government to indicate the measures taken to regulate exceptions to the prohibition on the use of substances or mixtures containing lead carbonate and lead sulphate when intended for use in paints. In addition, the Committee requests the Government to provide information on the use, in practice, of white lead and sulphate of lead and of all products containing these pigments in restoration and maintenance of works of art or historic buildings and their interiors.

2. Guarding of Machinery Convention, 1963 (No. 119)

The Committee takes note of the information provided by the Government concerning Article 6 (prohibition on use of machinery without appropriate guards) of the Convention which addresses its previous request.

Article 2(1) and (2) and Article 4 of the Convention. Obligations related to the hire, transfer in any other manner and exhibition of machinery. Legislation. The Committee previously requested information on the manner in which technical inspections undertaken ensure the protection required by the Convention in relation to the hire, or transfer in any other manner, or exhibition of machinery. The Committee notes in this regard that section 3 of the Rulebook on the Procedure and Deadlines for Performing Periodic Inspections and Tests of Labour Supplies, Personal Protective Equipment and Environmental Conditions (No. 71/05), requires periodic inspections of protections against moving parts in means of work. The Committee also requested for information on legislation giving full effect to Articles 2 and 4 of the Convention. In this respect, the Committee recalls that, pursuant to Article 4, the obligations under Article 2 shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and, where appropriate under national laws or regulations, on their respective agents. The Committee thus requests the Government to provide further information on the regulations in place to ensure that the persons concerned under Article 4, have the obligations envisaged under Article 2, with respect to the safety of machinery.

Article 15. Application and supervision of the provisions of the Convention. The Committee notes that, according to the Government, the most common OSH violations detected by labour inspectors include failure by the employer to procure and issue required work equipment with the relevant expert’s assessment and findings. Furthermore, the Government indicates that the most common causes of injuries at the workplace, as detected by labour inspectors, include impact on and crushing of the trunk of the body, the obsolescence of work equipment, and the use of equipment without prior examination and testing, or without professional findings obtained from authorized organizations on OSH. The Committee requests the Government to provide further information on the number of violations detected by labour inspectors relating to the safety of machines, as well as on the measures taken with a view to reducing the number of such violations.

3. Occupational Cancer Convention, 1974 (No. 139)

The Committee takes note of the information provided by the Government in reply to its previous requests concerning Articles 1 (prohibition of occupational exposure to carcinogenic substances and agents), 2(1) (replacement of carcinogenic substances and agents), 2(2) (number of workers exposed and duration and degree of exposure) and 6(a) (consultation with social partners) of the Convention.

Article 3 of the Convention. Measures to protect workers. Establishment of an appropriate system of records. The Committee notes with interest the adoption of the Rulebook on Occupational Health and Safety Measures against the Risk of Exposure to Carcinogenic or Mutagenic Substances (Nos 60/16 and 11/17). The Committee notes that this Rulebook prescribes minimum OSH measures for employers to take, with a view to eliminating or reducing the risk of occupational accidents and diseases caused by occupational exposure to carcinogenic or mutagenic substances. Taking into account employers’ duty to keep OSH records under section 50 of the Law on Safety and Health at Work, the Committee requests the Government to indicate the manner in which Article 3 is given effect in practice, to the requirement to establish an appropriate system of records, in respect of workers exposed to carcinogenic substances.

Article 5. Medical examinations during the period of employment and thereafter. The Committee previously requested for information on measures taken or envisaged to supervise the health of workers who have been exposed to carcinogenic substances or agents, after the period of employment. In this regard, the Committee notes the Government’s reference to section 19 of the Law on Safety and Health at Work, which provides for the employer’s duty to provide medical examinations for workers, including for employees who perform work with special conditions or at increased risk. However, the Committee observes that section 19 does not seem to prescribe medical examination of workers after the period of employment. The Committee requests the Government to provide further information on the manner in which, in accordance with Article 5 of the Convention, workers are provided with such medical examinations or biological or other tests or investigations after the period of employment as are necessary to evaluate their exposure and monitor their state of health in relation to the occupational hazards.

4. Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

The Committee takes note of the information provided by the Government in reply to its previous requests concerning Articles 3 (definitions), 4 (measures in laws or regulations), 7(2) (workers’ or representatives’ right to appeal) and 8 (criteria for determining hazards and exposure limits) of the Convention.

Article 5(4) of the Convention. Opportunity for workers’ representatives to accompany inspectors. Following its previous comments on the manner in which effect is given to Article 5(4), the Committee notes the Government’s indication that there are no legal provisions defining the right of representatives of trade unions to attend inspection visits. The Committee thus requests the Government to indicate any other measures taken or envisaged to ensure that representatives of workers of the undertaking have an opportunity to accompany labour inspectors during their visits, unless the inspectors consider, in the light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties.

Article 11(3) and (4). Alternative employment or other measures to maintain income. Rights of workers under social security or social insurance legislation. Following its previous comments, the Committee notes the Government’s indication that, pursuant to section 19 of the Law on Safety and Health at Work, employers are obliged to reassign a worker to another job corresponding to his health abilities where, after medical examination, it is determined that they do not meet the conditions to perform work with special working conditions. Section 19 of this Law also requires the employer to ensure that, when reassignment is not feasible, the worker shall get other rights in accordance with the law. The Government indicates that such rights can be severance pay or retirement, as appropriate, if the adequate conditions are met. The Committee requests the Government to provide further information on any rights of workers under social security laws and regulations to maintain their income, in cases where continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable, and reassignment to another job is not possible.

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards. The Committee previously requested for information on measures giving effect to Article 12. In this respect, the Committee notes with interest the adoption of the Rulebook on Measures of Safety and Health at Work regarding Risks Arising from Exposure to Noise (No. 37/16) and the Rulebook on Measures of Safety and Health at Work regarding Risks Arising from Exposure to Vibration (No. 24/16). However, the Committee observes that these rulebooks appear to be silent on the issue of notification to the competent authority. The Committee once again requests the Government to indicate the measures taken to ensure that employers using processes, substances, machinery and equipment involving exposure of workers to noise or vibration, shall notify them to the competent authority and that this authority may, as appropriate, authorize their use on prescribed conditions or prohibit it.

5. Asbestos Convention, 1986 (No. 162)

The Committee takes note of the information provided by the Government in reply to its previous requests concerning Articles 3 (national laws and regulations), 4 (consultation with social partners), 11 (crocidolite), 15(2) (periodic review and update of exposure limits), 17(2) (work plan prior to demolition), 19(1) (disposal of waste), 21(4) (income maintenance) of the Convention.

Article 18(5) of the Convention. Washing facilities. In response to its previous comment on measures giving effect to Article 18(5), the Committee notes the Government’s reference to the Rulebook on Safety Measures at the Workplace (No. 104/20), which defines requirements that auxiliary premises in workplaces must meet, such as the temperature of and lighting in bathrooms. The Committee requests the Government to indicate the measures taken, including any legal provisions, to ensure the provision of such auxiliary premises for workplaces where workers are exposed to asbestos.

Article 20(2) and (4). Records of the monitoring of the working environment and of the exposure of workers to asbestos. The Committee previously noted the Government’s indication that Article 20 would be taken into account in the drafting of a new Rulebook on Keeping Records in the Field of Safety and Health at Work. The Committee notes that the Government indicates that such amendments are still in the planning stage and that it will provide further information at a later stage. The Committee once again requests the Government to provide information on the progress made towards the adoption of a new Rulebook on Keeping Records in the Field of Safety and Health at Work, and to provide a copy of such Rulebook, once adopted. The Committee also requests the Government to provide further information on whether workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring, in accordance with Article 20(4) of the Convention.

Article 21(1). Medical examinations. The Committee previously noted the Government’s indication that no medical supervision was provided after termination of their employment, to workers who were exposed to asbestos. The Committee recalled that, pursuant to Article 21(1) of the Convention, workers must be provided with such medical examinations as are necessary to supervise their health in relation to the occupational hazard, and to diagnose occupational diseases caused by exposure to asbestos, which may, in the case of asbestos, require examination after the termination of employment. The Committee observes that the information provided by the Government concerning medical examination provided by employers includes situations where an employee is re-employed after being absent from work for more than a year, but does not otherwise appear to concern medical examinations after termination of employment. The Committee requests the Government to provide further information on any measures taken or envisaged to ensure that workers who are or have been exposed to asbestos are provided with medical examinations after their employment is terminated.

Article 21(5). Notification of occupational diseases caused by asbestos. The Committee notes that, in response to its previous comments on the same issue, the Government reiterates that a register of occupational diseases is not yet available in the country. The Committee notes the Government’s indication that it is currently in the process of finding the best solution to regulate this issue. The Committee requests the Government to pursue its efforts in this regard and to take the necessary measures to ensure that there is a system of notification of occupational diseases caused by asbestos, in accordance with Article 21(5). The Committee requests the Government to provide detailed information on the developments in this regard.

Article 22(1). Information and education. The Committee notes the Government’s indication that the next activities of the Directorate for Occupational Safety and Health will aim to raise awareness about the importance of applying OSH measures in case of exposure to asbestos. The Government indicates that such activities will be concretized in the action plan of the Strategy for the Improvement of Health and Safety at Work 2022–27. The Committee requests the Government to provide further information on the activities undertaken in this regard.

C. Protection in specific branches of activity

1. Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the International Labour Conference in 2024 (112th Session) concerning its abrogation. The Governing Body also requested the Office to follow-up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to follow up on the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group, and to consider ratifying the most up-to-date instruments in this subject area.

2. Safety and Health in Construction Convention, 1988 (No. 167)

The Committee takes note of the information provided by the Government in reply to its previous requests concerning Articles 5(2) (due regard to standards), 12(1) (right to removal), 15(2) (lifting appliances), 19(d) (fire or inrush of water or material), 20(3) (inspection of cofferdams and caissons), 21(2) (work in compressed air) 24(b) (demolition work), 26(1) (electrical equipment and installations), 27(b) (storage, transport, handling and use of explosives) of the Convention.

Article 8(1)(c) of the Convention. Cooperation between two or more employers simultaneously undertaking activities at one construction site. Following its previous comments, the Committee notes the Government’s indication that an investor in construction is not released from responsibility if, pursuant to section 9 of the Law on Safety and Health at Work, they appoint coordinators in the project development phase and in the construction phase. The Committee requests the Government to specify the provisions of the national legislation providing for the obligations under Article 8(1)(c) of the Convention, which requires that, whenever two or more employers undertake activities simultaneously at one construction site, each employer shall remain responsible for the application of the prescribed measures in respect of the workers placed under his authority.

Article 12(2). Immediate steps to stop the operation and evacuate where there is imminent danger. The Committee notes the Government’s indication that, pursuant to section 29 of the Law on Safety and Health at Work, the employer is obliged to enable employees, by measures and instructions, to stop the work and to be sent to a safe place, in case of serious, immediate and unavoidable danger. The Committee recalls that, pursuant to Article 12(2) of the Convention, where there is an imminent danger to the safety of workers the employer shall take immediate steps to stop the operation and evacuate workers as appropriate. Article 12(2) does not specify that the danger must be unavoidable. The Committee requests the Government to take measures to align section 29 of the Law on Safety and Health at Work with Article 12(2) of the Convention, and to provide information in this regard.

Article 19(e). Excavations, shafts, earthworks, underground works and tunnels. Appropriate investigations to locate circulation of fluids or the presence of pockets of gas. The Committee notes the reference made by the Government, in response to the Committee’s previous comments, to the employer’s duty to inform workers and their representatives, in writing, about OSH risks and measures. The Committee notes that Article 19(e) requires that adequate precautions be taken in any excavation, shaft, earthworks, underground works or tunnel, to avoid risk to workers arising from possible underground dangers, by undertaking appropriate investigations to locate them. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that, in excavations, shafts, earthworks, underground works or tunnels, appropriate investigations to locate possible underground dangers are undertaken.

Article 20(2). Cofferdams and caissons. Means for workers to reach safety. Immediate supervision of a competent person. In the absence of additional information, the Committee once again requests the Government to indicate the measures taken to ensure that the construction, positioning, modification or dismantling of a cofferdam or caisson shall take place only under the immediate supervision of a competent person, in accordance with Article 20(2) of the Convention.

Article 28(2)(a). Health hazards. Following its previous comments on this matter, the Committee notes the Government’s indication that, pursuant to section 15 of the Law on Safety and Health at Work, the employer is required to implement protection measures while respecting the general principles of prevention, including the replacement of dangerous circumstances with harmless or less dangerous ones. The Committee also takes due note of the Government’s reference to the application of the Rulebook on Occupational Health and Safety Measures Against Chemical Exposure Risks (Nos 81/16, 30/17, 40/18 and 77/21), requiring employers to apply and implement OSH measures, including the replacement of a chemical substance or process with less dangerous substances or processes (section 6). The Government also refers to the Rulebook on Measures for Protection and Health at Work against the Risk of Exposure to Biological Substances. The Committee requests the Government to provide a copy of the Rulebook on Measures for Protection and Health at Work against the Risk of Exposure to Biological Substances.

Article 32(3). Provision of separate sanitary and washing facilities. The Committee notes the information provided by the Government on the requirement to provide, before the start of construction works, hygienic and sanitary devices, toilets, washbasins, drinking water installations, and rooms for employees to dry wet clothes and stay in during weather disasters. However, the Committee notes an absence of information on the manner in which Article 32(3) is given effect to. The Committee once again requests the Government to indicate the measures taken to ensure that separate sanitary and washing facilities for men and women workers are provided, in accordance with Article 32(3) of the Convention.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 162 (asbestos), 167 (safety and health in construction) and 187 (promotional framework for OSH) together.

A. General provisions Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

The Committee notes the Government’s first report.

Article 2(3) of the Convention. Measures that could be taken, in consultation with social partners, to ratify relevant OSH Conventions of the ILO. The Committee notes the Government’s indication in its report that the tripartite Social Council, which is constituted of representatives of the Government, representative trade unions, and representative associations of employers, may submit recommendations to the competent authorities concerning the measures that could be taken to ratify the relevant ILO Conventions. The Committee notes in this respect the ratification of the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), by Montenegro in 2017. The Committee requests the Government to continue to provide information on the periodic consideration of the measures that could be taken to ratify relevant OSH Conventions by the Social Council.

Article 4(3)(e). Research on OSH. The Committee requests the Government to provide information regarding measures taken or envisaged to carry out research on OSH.

Article 4(3)(f). Collection and analysis of data on occupational injuries and diseases. The Committee notes that pursuant to section 52 of the Law on Safety and Health at Work (No. 34/14, 44/18) (Law on Safety and Health at Work), the Health Insurance Fund, the Pension and Disability Insurance Fund of Montenegro, and authorized medical institutions for healthcare of employees provide on a monthly basis, and for each calendar year, the state authority in charge of labour with data on occupational injuries and occupational diseases. The Government states that the collection of data on occupational and work-related diseases remains a challenge. With reference to its comments below on the Asbestos Convention, 1986 (No. 162), the Committee requests the Government to provide further information on the measures taken to strengthen the collection and analysis of data regarding occupational diseases.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in microenterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee notes that, according to the ILO Decent Work Country Programme 2019–21 for Montenegro, SMEs represent the vast majority of all firms in the country, and account for more than three quarters of employment. Given this number, the Committee requests the Government to indicate whether there are support mechanisms for a progressive improvement of OSH conditions in microenterprises, in small and medium-sized enterprises and in the informal economy, in accordance with Article 4(3)(h) of the Convention.

Article 5. National programme. The Committee notes the Government’s adoption of the Strategy on Safety and Health at Work 2016–20, as well as the action plan for its implementation. The Government indicates that the Strategy on Safety and Health at Work 2016–20 was adopted following the expiry of a Strategy for 2010–14, and sets out a number of goals and activities to undertake in the field of OSH. The Government also indicates that the Strategy is based on the principles of social dialogue at all levels. The Committee requests the Government to provide further information on the effectiveness in the implementation of the Strategy, measured against the individual strategic goals established in the Strategy. The Committee also requests the Government for further information regarding the manner in which social partners participated in the formulation of the National Strategy on Safety and Health at Work 2016–20. In addition, the Committee requests information regarding the manner in which the Government ensures that its national programme is widely publicized, in accordance with Article 5(3) of the Convention.

B. Protection from specific risks Asbestos Convention, 1986 (No. 162)

The Committee notes the information provided by the Government in reply to its previous requests concerning the application of Articles 2 (definitions), 6(3) (emergency procedures), 9(b) (special rules and procedures for the use of asbestos), 10 (prohibition or replacement of asbestos), 12 (spraying of asbestos), 13 (notification of work involving asbestos), 14 (labelling), 15(1) and 15(3) (limits to asbestos exposure), 16 (employer responsibility for practical measures), 17(1) and 17(3) (demolition – qualification and consultation), 18(1)–(4) (special protective clothing and equipment), 19(2) (pollution), 20(3) (access to records), 21(2)–(3) (medical examinations) and 22(2) (education and periodic training) of the Convention.

Articles 3 and 4 of the Convention. Adoption of national laws and regulations and consultation of the most representative organizations of employers and workers concerned. The Committee notes with interest the adoption of the 2017 Rulebook on Protection Measures from Risk of Exposure to Asbestos at Work (2017 Rulebook on Asbestos). The Committee requests the Government to indicate how the most representative organizations of employers and workers were consulted in the adoption of this Rulebook, and in the adoption of any other measures giving effect to this Convention.

Article 11. Prohibition on the use of crocidolite. The Committee notes that Annex 1 of the 2013 Rulebook on the Prohibition and Restriction of the Use, Placing on the Market and Production of Chemicals that Pose an Unacceptable Risk to Human Health and the Environment (Nos 49/13, 12/16) prohibits the production, placing on the market and use of asbestos fibres, which include crocidolite. However, the Committee notes that, pursuant to Annex 1, Part 1, of the Rulebook, this prohibition contains certain exceptions, including for example, with regard to some products that were installed and in use before 1 July 2014, and certain products containing fibres where a high level of protection of health is ensured. Recalling the resolution concerning asbestos, adopted by the 95th Session of the International Labour Conference, June 2006, the Committee requests the Government to indicate whether any of the derogations to the prohibition of the production, placing on the market and use of asbestos contained in Annex 1, Part 1, of the Rulebook on the Prohibition and Restriction of the Use, Placing on the Market and the Production of Chemicals that Pose an Unacceptable Risk to Human Health and the Environment apply to crocidolite.

Article 15(2). Periodic review and update of limits for the exposure of workers to asbestos. The Committee takes note of the exposure limits for asbestos established in section 4 of the 2017 Rulebook on Asbestos. The Committee requests the Government to provide information on the manner in which these exposure limits or other exposure criteria are periodically reviewed and updated in the light of technological progress and advances in technological and scientific knowledge.

Article 17(2)(b)–(c). Work plan prior to demolition work. The Committee notes that the Government report refers to section 17 of the Law on Safety and Health at Work, which requires that all employers issue a risk assessment act for workplaces, to determine the methods and measures to eliminate risk and ensure their implementation, and that the employer shall familiarize the employee with the risk assessment in a transparent manner. The Committee also notes that section 24 of the Law on Safety and Health at Work requires that employers, workers and workers’ representatives and trade unions cooperate in determining their OSH rights, obligations and responsibilities, including with respect to the risk assessment and protective measures. In addition, the Committee notes that, pursuant to section 183 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites (No. 20/19), an OSH plan has to be developed for the demolition or removal of buildings or parts thereof. The Committee requests the Government to indicate whether the work plans required by the national legislation specify the measures to be taken under Article 17(2)(b)–(c) of the Convention, in cases of demolition of plants or structures containing friable asbestos insulation materials, and removal of asbestos from buildings or structures in which asbestos is liable to become airborne.

Article 18(5). Washing facilities. The Committee requests the Government to indicate the measures taken to ensure that employers provide facilities for workers exposed to asbestos to wash, take a bath or shower at the workplace, as appropriate, in accordance with Article 18(5) of the Convention.

Article 19(1). Disposal of waste. The Committee requests the Government to provide information on measures taken to ensure that employers dispose of waste containing asbestos in a manner that does not pose a health risk to the workers concerned, including those handling asbestos waste, in accordance with Article 19(1) of the Convention.

Article 20(2) and (4). Records of the monitoring of the working environment and of the exposure of workers to asbestos. The Committee previously noted that, pursuant to section 14 of the Rulebook on Record Keeping in the Area of Safety at Work (No. 67/05), the records prescribed in the Rulebook must be stored permanently, unless provided otherwise for some types of records or documentation. The Committee requested the Government to indicate whether records referred to in Article 20(2) of the Convention were kept permanently or if such records fell under the exception foreseen in section 14 of the Rulebook. The Committee notes the Government’s indication in reply that, in the drafting of a new Rulebook on Keeping Records in the Field of Safety and Health at Work, Article 20 of the Convention will be taken into account. The Committee requests the Government to provide information on the adoption of a new Rulebook on Keeping Records in the Field of Safety and Health at Work and to provide a copy of the new Rulebook once it has been adopted. The Committee also once again requests the Government to provide information on whether workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring, in accordance with Article 20(4) of the Convention.

Article 21(1). Medical examinations. The Committee notes the Government’s indication that, after termination of employment, there is no medical supervision provided to workers who were exposed to asbestos. The Committee recalls however, that, pursuant to Article 21(1) of the Convention, workers must be provided with such medical examinations as are necessary to supervise their health in relation to the occupational hazard, and to diagnose occupational diseases caused by exposure to asbestos, which may require examination after the termination of employment. The Committee requests the Government to take the necessary measures to ensure that workers who are or have been exposed to asbestos are provided with medical examinations after their employment is terminated, to ensure full conformity with Article 21(1) of the Convention.

Article 21(4). Means of maintaining workers’ income. The Committee notes that the Government, in its reply to the Committee’s previous comments, refers to section 19 of the Law on Safety and Health at Work, which provides that if a worker who is assigned to work with special conditions or at increased risk cannot be transferred to another position that suits their health capabilities, the employer shall provide them with other rights under the law. The Committee requests the Government to indicate what the additional rights mentioned in section 19 of the Law on Safety and Health at Work consist of, and whether they ensure that every effort shall be made, consistent with national conditions and practice, to provide the workers concerned with other means of maintaining their income, in accordance with Article 21(4).

Article 21(5). Notification of occupational diseases caused by asbestos. The Committee notes the Government’s indication, in response to its previous request, that a register of occupational diseases is under preparation. The Committee requests the Government to continue to provide information on the measures taken by the competent authority to develop a system of notification of occupational diseases caused by asbestos, in accordance with Article 21(5), including on the status of the completion of the register.

Article 22(1). Information and education. The Committee reiterates its request for information on the manner in which the competent authority makes appropriate arrangements, in consultation and collaboration with the most representative organizations of employers and workers concerned, to promote the dissemination of information and the education of all concerned with regard to health hazards due to exposure to asbestos and to methods of prevention and control, in accordance with Article 22(1) of the Convention.

Application in practice. The Committee notes the Government’s indication that until the establishment of a register of occupational diseases, it does not possess data regarding occupational diseases. The Committee requests the Government to strengthen its efforts with respect to the collection of data on occupational diseases caused by asbestos, and to provide information on the application of the Convention in practice. It also requests the Government to provide information on the implementation of the 2017 Rulebook on Asbestos and other implementing legislation and regulations, including the number of violations detected and penalties imposed.

C. Protection in specific branches of activity Safety and Health in Construction Convention, 1988 (No. 167)

The Committee notes the Government’s first report.

Article 5(2) of the Convention. Due regard given to relevant standards adopted by international organizations in the field of standardization. The Committee requests the Government to indicate the manner in which it gives due regard to the relevant standards adopted by recognized international organizations in the field of standardization, in its adoption and maintenance in force of laws or regulations giving effect to this Convention.

Article 8(1)(c). Cooperation between two or more employers simultaneously undertaking activities at one construction site. The Committee notes that the Government’s report refers to section 22 of the Law on Safety and Health at Work, which prescribes measures for coordination and for defining mutual obligations and responsibilities of multiple employers working on the same construction site. It also notes the requirement to appoint OSH coordinators for construction projects, set out in sections 9a, 49b and 49d of the 2018 amendments to the Law on Safety and Health at Work. The Committee observes that those provisions do not specify whether each employer shall remain responsible for the application of the prescribed measures in respect of the workers placed under his or her authority (Article 8(1)(c)). The Committee requests the Government to indicate the provisions of the national legislation which provide for the obligations under Article 8(1)(c) of the Convention.

Article 12. Right of workers to remove themselves. The Committee notes that, pursuant to section 34 of the Law on Safety and Health at Work, in the event of serious and imminent threat to life and health, workers may take appropriate measures in accordance with their knowledge and technical means at their disposal, and in case of unavoidable danger have the right to leave the dangerous workplace, work processes or work environment. The Committee recalls that Article 12(1) does not require that the danger be unavoidable, and provides that a worker shall have the right to remove himself or herself from danger when he or she has a good reason to believe that there is an imminent and serious danger to his or her safety or health. The Committee requests the Government to take the necessary measures to align section 34 of the Law on Safety and Health at Work with the requirement of Article 12(1) of the Convention. In addition, the Committee requests the Government to indicate the measures taken as well as any relevant legal provisions to ensure that, where there is an imminent danger to the safety of workers, the employer shall take immediate steps to stop the operation and evacuate workers as appropriate, in accordance with Article 12(2).

Article 15(2). Raising, lowering or carrying persons in appliances constructed, installed and used for that purpose. The Committee takes note that section 173 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites sets out that, as a rule, workers shall not climb onto vehicles or onto modules, be in the cab of the vehicle, or stand on the vehicle when loading prefabricated modules onto or unloading them from such vehicles. The Committee observes that Article 15(2) of the Convention covers not only situations in which modules are being loaded, unloaded, raised or lowered but also other situations in which a person may be raised, lowered or carried by a lifting appliance. The Committee requests the Government to indicate measures taken to ensure that no person shall be raised, lowered or carried by a lifting appliance unless it is constructed, installed and used for that purpose in accordance with national laws and regulations, except in an emergency situation in which serious personal injury or fatality may occur, and for which the lifting appliance can be safely used.

Article 19(d). Excavations, shafts, earthworks, underground works and tunnels. Reaching safety in the event of fire, or inrush of water or material. The Committee takes note of the protective measures for workers provided for in sections 33 and 251 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites which refer to, respectively, measures to signal and evacuate workers in wells, and measures regarding shelters and monitoring to protect workers from explosions and harmful gases in tunnels. The Committee requests the Government to provide further information on the manner in which it ensures that precautions are taken in any excavation, shaft, earthworks, underground works or tunnel to enable workers to reach safety in the event of fire, or an inrush of water or material, in accordance with Article 19(d).

Article 19(e). Excavations, shafts, earthworks, underground works and tunnels. Appropriate investigations to locate circulation of fluids or the presence of pockets of gas. The Committee notes that sections 15, 30 and 223 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites set out requirements to undertake checks for the presence of different gases. The Committee requests the Government to indicate the measures taken to give full effect to Article 19(e) with regard to the circulation of fluids.

Article 20(2) and (3). Cofferdams and caissons. Means for workers to reach safety. Immediate supervision of a competent person. Inspection at prescribed intervals. The Committee notes that section 215 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites provides for the requirement that cofferdams and caissons be inspected within the applicable deadlines. The Committee also notes the Government’s indication that the construction of caissons must correspond to modern technical requirements in terms of safety. The Committee requests the Government to indicate the measures taken to ensure that the construction, positioning, modification or dismantling of a cofferdam or caisson shall take place only under the immediate supervision of a competent person, in accordance with Article 20(2) of the Convention. The Committee also requests the Government to provide further on the carrying out of inspections foreseen in section 215 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites, including the manner in which it is ensured that they are carried out by a competent person.

Article 21(2). Supervision of work in compressed air. The Committee notes that, under section 232 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites, workers working for the first time in a caisson must be subjected to a trial in a decompression chamber, after a medical examination for work at the workplace. Section 232 also states that caisson workers who have been absent from work for more than two days, as well as after any illness, shall be subject to another medical examination prior to resuming such work. The Committee requests the Government to indicate the measures taken to ensure that work in compressed air shall be carried out only when a competent person is present to supervise the conduct of the operations, in accordance with Article 21(2) of the Convention.

Article 24(b). Demolition works. The Committee notes that, pursuant to section 183 of the Rulebook on Measures of Protection on Temporary or Mobile Construction Sites, it shall be necessary to develop a plan of workplace health and safety measures for the demolition of a building or some part thereof, regardless of whether demolition is to be performed manually, using a machine, or using explosives. The Committee requests the Government to indicate the measures taken to ensure that demolition work shall be planned and undertaken only under the supervision of a competent person, in accordance with Article 24(b) of the Convention.

Article 26(1). Electrical equipment and installations. The Committee notes that sections 309–316 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites provide safety requirements in relation to electrical installations on construction sites. The Committee requests the Government to indicate the measures taken to ensure that all electrical equipment and installations shall be constructed, installed and maintained by a competent person, in accordance with Article 26(1) of the Convention.

Article 27(b). Storage, transport, handling and use of explosives only by a competent person. The Committee takes note of the safety requirements for the storage and transport of explosives under sections 263 and 320 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites. The Committee requests the Government to indicate the measures taken to ensure that explosives shall not be stored, transported, handled or used except by a competent person, who shall take such steps as are necessary to ensure that workers and other persons are not exposed to risk of injury, in accordance with Article 27(b) of the Convention.

Article 28(2)(a). Health hazards. The Committee requests the Government to indicate the measures taken to ensure the replacement of hazardous substances by harmless or less hazardous substances wherever possible, in accordance with Article 28(2)(a) of the Convention.

Article 32(3). Provision of separate sanitary and washing facilities. The Committee notes section 9 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites concerning the requirement to provide, prior to starting construction work, sanitary facilities, toilets, wash basins, drinking water facilities and shelter for workers. The Committee requests the Government to indicate the measures taken to ensure that separate sanitary and washing facilities for men and women workers are provided, in accordance with Article 32(3) of the Convention.

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

Articles 1, 2, 5, 6 and 7 of the Convention. Prohibition and regulation of the use of white lead and sulphate of lead, and of all products containing these pigments. The Committee notes with interest that the Rulebook on the prohibition and restriction of the use, placing to the market and manufacturing of chemicals that pose an unacceptable risk to human health and environment (49/13) prohibits the use of substances or mixtures containing lead carbonate and lead sulphate when intended for use in paints (sections 16 and 17 of Part 1 of the Appendix). The Rulebook states that this prohibition does not apply to the use of these substances or mixtures containing these substances for restoration and maintenance of works of art or historic buildings and their interiors, in accordance with regulations. Recalling that Article 2(2) of the Convention provides that the use of white lead, sulphate of lead, and all products containing these pigments for the purpose of artistic painting and fine lining, shall be regulated, in conformity with Articles 5, 6 and 7, the Committee requests the Government to provide a copy of any regulations adopted concerning the use of white lead paint for works of art, historic buildings and their interiors, if possible in one of the working language of the ILO.

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

Article 7 of the Convention. The Committee notes the Government’s indication that it has approved a proposal for a law on health and safety at work, which is currently before Parliament. Following the adoption of secondary legislative acts, proposals for the ratification of ILO Conventions will be assessed, in cooperation with social partners. In this respect, the Committee recalls that, in conformity with Article 7, the Convention will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018. The Committee invites the Government to provide information on any decision in this regard.

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

Legislation. The Committee notes the Government’s indication, in several reports concerning the application of occupational safety and health Conventions, 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. In this regard, the Committee invites the Government to take into consideration, during the elaboration of this secondary legislation, the Committee’s comments on the application of the Convention. In particular, it invites the Government to consider including, in this legislation, provisions that give full legislative effect to Articles 2, 4 and 6 of the Convention.

Articles 2(1)–(2) and 4 of the Convention. Obligations related to the hire, transfer in any other manner and exhibition of machinery. The Committee previously noted that section 17 of the Law on Safety at Work provides for compliance with the Convention with regard to machinery and equipment that is sold, but does not prescribe the protection required in relation to the hire, or transfer in any other manner, or exhibition of machinery, as required by the Convention. In this regard, it notes the Government’s reference in its present report to section 10 of the Law on Safety at Work, which states that initial and periodic inspections of technological processes and means for work shall be conducted in order to ensure the work is conducted in the prescribed manner. The Government indicates that inspections shall take place at periods prescribed in secondary legislation, but shall also be carried out on machinery prior to its first use, including during the lease or assignment of machinery. The Committee requests the Government to provide information on the manner in which inspections undertaken, pursuant to section 10 of the Law on Safety at Work, ensure the protection required by the Convention in relation to the hire, or transfer in any other manner, or exhibition of machinery.

Article 6. Prohibiting the use of machinery without appropriate guards. The Committee notes the Government’s statement that, pursuant to the Law on Labour Inspection, an inspector may temporarily prohibit the operations of work if it is found that the means for work used are not in line with the prescribed safety measures (section 6). The Committee requests the Government to specify if the prescribed safety measures include a prohibition on the use of machinery with dangerous parts without appropriate guards, and to provide details with respect to these measures.

Application of the Convention in practice. The Committee notes the general information submitted with the Government’s report on the number of labour inspections undertaken to monitor safety at work, the number of irregularities detected and the number of orders to temporarily suspend operations issued, including the number of suspensions due to a failure to take safety measures. However, there is no specific information relating to the guarding of machinery as covered by this Convention. The Committee requests the Government to provide further specific information on the number and nature of the contraventions reported related to the application of the Convention as well as the number, nature and cause of accidents reported.

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

Article 1 of the Convention. Prohibition of occupational exposure to carcinogenic substances and agents. Article 2(1) and (2). Replacement of carcinogenic substances and agents by less harmful substances and reduction of the number of workers exposed to such substances. Article 6(a). Measures of application taken in consultation with the social partners. The Committee notes that in reply to the Committee’s previous request regarding the manner in which the prohibition of occupational exposure to carcinogenic substances and agents is developed and reviewed, the Government indicates that it is in the process of harmonizing its legislation with EU legislation and that a draft Law on Safety and Health at Work, prepared in close cooperation with the representative organizations of employers and workers, is currently being discussed by the Parliament. It adds that a Rulebook on the protection of health against occupational risks of exposure to carcinogenic and mutagenic substances is under preparation. This Rulebook will contain provisions on exposure limit values to carcinogenic or mutagenic substances, minimum safety requirements and will establish the employers’ obligations with regard to the replacement of carcinogenic substances or agents with non-carcinogenic or less harmful substances and the prevention and reduction of exposure to the lowest level technically possible. The Committee requests the Government to provide information on any developments in this regard, including on the measures undertaken to ensure consultation with the most representative organizations of employers and workers, as required by Article 6(a) of the Convention, and to provide a copy of the Law on Safety and Health at Work and of the Rulebook once they have been adopted.

Article 5. Medical examinations during the period of employment and thereafter. The Committee notes that, in reply to the Committee’s previous request, the Government indicates that medical examinations of workers after the termination of their employment are carried out by their chosen physicians. It adds that in the course of the reform of the primary health-care system, 250 chosen physicians have attended a three-month training which included a module on safety and health at work and, more specifically, on occupational cancers. While taking due note of this information, the Committee wishes to draw the Government’s attention to Paragraph 12 of the Occupational Cancer Recommendation, 1974 (No. 147), under which provision should be made for appropriate medical examinations or biological or other tests or investigations to continue to be available to workers after cessation of their assignment to work involving exposure to carcinogenic substances or agents. The Committee requests the Government to provide further information on the measures taken or envisaged to supervise the health of workers who have been exposed to carcinogenic substances or agents, after the period of employment.

Application of the Convention in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, including 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 diseases reported, etc.

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

Article 3 of the Convention. Definitions. Noting the Government’s indication that the Law on noise protection and the Law on air protection do not apply to the workplace, the Committee requests the Government to indicate the specific provisions defining the terms “air pollution”, “vibration” and “noise” in the context of the workplace.

Article 4(1) and (2). Measures for prevention, control of, and protection against occupational hazards due to air pollution, noise and vibration. Article 8. Establishment of criteria for determining hazards of exposure to air pollution, noise and vibration and fixing of exposure limits. The Committee notes that, in reply to the Committee’s previous comment, the Government indicates that it is in the process of harmonizing its legislation with EU legislation and that a draft law on safety and health at work is currently being discussed by the Parliament. It adds that the bill provides for the elaboration of a Rulebook on occupational safety and health in relation to risks of exposure to noise. This Rulebook will contain provisions on preventive measures with a view to eliminating or reducing risks of injuries or damages to the health of workers due to noise exposure, in conformity with Article 4 of the Convention, and will define exposure limits, as prescribed by Article 8 of the Convention. In this connection, the Committee wishes to recall that Articles 4 and 8 cover not only hazards due to noise but also to air pollution and vibration. The Committee requests the Government to provide information on any development towards the adoption of the Law on safety and health at work and on the abovementioned Rulebook and to supply a copy of these texts once they have been adopted. The Committee also requests the Government to provide information on any specific measures taken as regards air pollution and vibration, in conformity with the requirements of Articles 4 and 8 of the Convention.

Articles 5(4) and 7(2). Right of representatives of employers and of workers to accompany inspectors. Right of workers or their representatives to appeal to appropriate bodies. The Committee notes that, in reply to the Committee’s previous comment concerning the application of Article 7(2) of the Convention, the Government indicates that section 29 of the Law on safety at work provides that workers may request the intervention of labour inspection for immediate action where the employer fails to remove safety and health risks or hazards reported by the workers within three days from notification. While noting the information provided by the Government on the right of workers to raise their concerns regarding safety and health issues at the workplace to labour inspectors during their visits, established by section 24 of the abovementioned Law, the Committee notes that this section does not give fully effect to Article 5(4) of the Convention. The Committee therefore requests the Government to indicate how it is ensured, in law and in practice, that representatives of the employer and representatives of the workers of the undertaking have an opportunity to accompany labour inspectors during their visits, unless the inspectors consider, in the light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties.

Article 11(3) and (4). Alternative employment or other measures to maintain income. The Committee notes the Government’s indication on the obligation of the employer to reassign to another position workers medically unfit for a specific job. The Government also indicates that, if the worker cannot be reassigned, the employer is obliged to provide the worker with other rights in accordance with the Labour Law and the collective agreement. The Committee recalls that, under paragraph 3, efforts shall be made to maintain the income of such a worker through social security measures or otherwise, and under paragraph 4 the right of workers under social security or social insurance legislation shall not be adversely affected. The Committee requests the Government to provide further information on measures taken to give full effect to the requirements of these provisions of the Convention.

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards. The Committee notes that the Government’s reply on this point essentially repeats the information provided in its previous report. However, the Committee takes note of the Rulebook, adopted in 2014 and annexed to the Government’s report, which sets out standards for noise emission for equipment or machines put on the market. In this regard, it notes that this Rulebook only applies to equipment or machines used outdoors (section 2), which would therefore exclude a majority of workplaces. The Committee therefore reiterates its request for information on any measures providing that employers using processes, substances, machinery and equipment involving exposure of workers to occupational hazards due to air pollution, noise or vibration, to be specified by the competent authority, shall notify them to the competent authority and that this authority may, as appropriate, authorize their use on prescribed conditions or prohibit it.

Application of the Convention in practice. The Committee takes note of the annexes to the Government’s report. It also notes that according to the Government’s report, there are approximately 22,000 registered employers covered by the Regulation on safety and health at work. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including information on inspection visits conducted (the number and nature of the contraventions reported) and on the number, nature and cause of diseases reported.

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

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.

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

Article 1 of the Convention. Role of occupational health services in advising workers and their representatives. The Committee notes the Government’s statement that occupational health services are required to provide recommendations in the context of the evaluation of work capacity of workers and to consult employees and their representatives on safety and health at work. The Committee requests the Government to provide information on whether occupational health services also provide advice to workers and their representatives on the requirements for establishing and maintaining a safe and healthy working environment.

Article 3(1). Progressive development of occupational health services for all workers. The Committee previously noted that pursuant to section 34 of the Law on safety at work, employers may engage a professional service, or professional person, to organize and perform tasks on safety at work, depending on the organization, nature and scope of work processes, the number of employees who participate in such work, the number of shifts, assessed risks and the number of units, which are separate in terms of their locations. The Committee notes the Government’s reference to provisions of the Law on safety at work which require employers to provide medical examination to employees, (sections 18 and 27(3)), but observes an absence of information on measures taken towards the progressive development of occupational health services. The Committee requests the Government to provide information on the measures taken towards the progressive development of occupational health services for all workers, including information on the number of employers who have engaged a professional service, pursuant to section 34 of the Law on safety at work, to provide occupational health services, as well as the number of employees covered by these services.

Article 5. Functions of occupational health services. The Committee previously noted the observations of the Union of Free Trade Unions of Montenegro (UFTUM) that many employers have not carried out the risk assessments called for in section 15 of the Law on safety at work, which they were required to do within three years of the Law’s adoption in 2004. The UFTUM indicated that this was the result of the absence of appropriate supervision of the implementation of the national legislation.

The Committee notes the Government’s statement that the number of employers adopting risk assessments has been increasing each year. The Committee also notes that pursuant to section 46(8) of the Law on safety at work, an employer may face a financial penalty (of ten to three hundred times the minimum wage) for a failure to adopt a risk assessment. The Committee requests the Government to provide specific information on the number of enterprises which have adopted a risk assessment, pursuant to section 15 of the Law on safety at work. It also requests the Government to provide further information on the manner in which the obligation to carry out risks assessments is monitored, including the number of violations of section 15 detected in the course of inspections, and the number and nature of penalties applied in this regard.

Article 8. Cooperation between employers, workers and their representatives with respect to occupational health services. The Committee notes that pursuant to section 29 of the Law on safety at work, employees have the responsibility to cooperate with the professional person in charge of safety at work, to enable the implementation of the safety measures within their workplace It also notes that, pursuant to section 24 of the Law on safety at work, employers are obliged to consult employees and their representatives and to enable them to participate in discussions on all matters that relate to safety and protection at work, including the appointment of a professional person to perform activities related to protection and prevention of professional risks. The Committee requests the Government to specify how, in practice, employees participate in the implementation of measures relating to occupational health services.

Article 12. Surveillance of workers’ health during working hours. The Committee notes the Government’s statement, in reply to a previous request, that examinations of employees are carried out during working hours. In this regard, the Committee requests the Government to provide information on the measures taken to ensure that the surveillance of workers’ health takes place during working hours, including any relevant regulations adopted in this regard.

Article 15. Requirement to inform occupational health services of occurrences of illness and absence from work for health reasons. The Committee previously noted the Government’s indication that laws and regulations to give effect to Article 15 were under development.

The Committee notes the Government’s statement, in its report submitted under the Occupational Safety and Health Convention, 1981 (No. 155), 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 continue to provide information on the measures taken to ensure that occupational health services shall be informed of occurrences of ill health among workers and absence from work for health reasons, and to provide a copy of any regulations adopted in this regard.

Application of the Convention in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country and to attach any available and relevant extracts from labour inspection reports.

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

Articles 3 and 4 of the Convention. Legislation. Article 2. Definitions. Article 6(3). Procedures for dealing with emergency. Article 15(1)–(3). Limits for the exposure of workers to asbestos. In reply to the Committee’s last comment, the Government indicates that the draft Law on Safety and Health at Work is currently before Parliament and that, on the basis of its section 60(2), a Rulebook on safety and health at work when exposed to asbestos will be adopted, in accordance with European Union Directive 2009/148/EC. As regards the application of Articles 2, 6(3) and 15(1)–(3) of the Convention, the Government indicates that this rulebook will regulate all matters relating to the protection of employees from the risk of exposure to asbestos at work, with a view to full compliance with the provisions of this Convention. The Committee requests the Government to provide information on any progress made towards adopting the Law on Safety and Health at Work and the rulebook on safety and health at work when exposed to asbestos and to supply a copy of these texts once they have been adopted. It hopes that these texts will give full effect to the Convention and, in particular, to Articles 2, 6(3) and 15(1)–(3) of the Convention.

Article 11. Prohibition of the use of crocidolite. The Committee notes that, according to the Government’s report, the Rulebook on the prohibition and restriction of the use, trade and manufacturing of chemicals that pose an unacceptable risk to the health and the environment (No. 49/13) stipulates that the production, trade and use of all forms of asbestos, as well as products containing asbestos fibres, shall be prohibited. However, the Committee observes that it is not clear whether the use of crocidolite is indeed prohibited, as it would also appear from the Government’s report that the production, trade and use of asbestos fibres and products containing asbestos fibres are allowed, provided a high level of protection of human health is ensured. The Committee therefore requests the Government to clarify the manner in which Article 11 is applied and to supply a copy of Rulebook No. 49/13.

Article 12. Prohibition of the spraying of all forms of asbestos. The Committee notes that the Government’s report is silent on this point. The Committee therefore once again requests the Government to indicate how it is giving effect, in law and in practice, to Article 12 of the Convention, including any derogations from the prohibition which could have been permitted.

Article 13. Notification of certain types of work involving exposure to asbestos. The Committee notes from the Government’s report that businesses using certain products and devices containing chrysotile were required to submit information to the Environment Protection Agency before June 2014, including information on the end of their service life and the availability of alternative asbestos-free products or devices. The Committee requests the Government to provide further information on this notification process and to supply a summary of the data collected. The Government is also requested to provide information on any other measures taken or envisaged providing for the notification of certain types of work involving exposure to asbestos.

Article 20(2)–(4). Keeping of records and the right of workers or their representatives to request monitoring and appeal to the competent authorities. Further to its previous comment, the Committee notes from the Government’s report that, pursuant to section 14 of the Rulebook on record keeping in the area of safety at work (No. 67/05), the records prescribed in this Rulebook must be stored permanently, unless provided otherwise for some types of records or documentation. The Committee notes that it is not clear which records and other types of documentation are covered by the expression “unless provided otherwise”. In this connection, the Committee wishes to draw the Government’s attention to Paragraph 36(1) of the Asbestos Recommendation, 1986 (No. 172), which prescribes that records of the monitoring of the working environment should be kept for a period of not less than 30 years. Furthermore, the Committee notes that no information was provided regarding the right of workers or their representatives to request the monitoring of the working environment and to appeal to the competent authority concerning the results thereof. The Committee requests the Government to clarify whether records referred to in Article 20(2) of the Convention are to be kept permanently and to supply a copy of Rulebook No. 67/05. Moreover, the Committee again requests the Government to indicate the provisions giving effect to Article 20(4) of the Convention.

Article 21. Medical examinations after termination of employment and maintenance of income. With reference to its previous comment, the Committee notes the Government’s indications that there is currently no medical supervision provided to workers who have been exposed to asbestos after termination of their employment but that the Rulebook on safety and health at work when exposed to asbestos, currently under preparation, will contain provisions on workers’ health supervision. The Committee wishes to refer to the guidelines provided by Paragraph 31(3) of Recommendation No. 172, according to which provision should be made for appropriate medical examinations to continue to be available to workers after termination of an assignment involving exposure to asbestos. The Committee requests the Government to take all the necessary measures to ensure the full application of Article 21 and to provide information in this respect. It also requests the Government to indicate the measures, taken or envisaged, to maintain the income of workers whose continued assignment to work involving exposure to asbestos has been found medically inadvisable.

Articles 9(b), 10, 14, 16, 17, 18, 19 and 22(1)–(2). The Committee notes that the Government has omitted to provide information in respect of these provisions. The Committee once again requests the Government to indicate the measures taken to give full effect to these Articles, in law and in practice.

Application of the Convention in practice. The Committee notes that the Government’s report contains no information on the application in practice of the Convention. The Committee therefore reiterates its request that the Government provide a general appreciation of the manner in which the Convention is applied in practice, including information on the number of workers covered by the relevant legislation, the number of occupational diseases reported as being caused by asbestos and the number and nature of contraventions reported.

[The Government is asked to reply in detail to the present comments in 2016.]

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

Articles 1 and 2 of the Convention. Prohibition and regulation of the use of white lead and sulphate of lead, and of all products containing these pigments. The Committee notes the information provided by the Government indicating that there is no production of, or usage of, white lead or sulphate of lead in Montenegro, and for this reason the Government has not prohibited its use. In this regard, the Committee reminds the Government that it is nevertheless bound by its obligation to implement the Convention. The Committee asks the Government to undertake measures, in law and in practice, to give full effect to the provisions of Articles 1 and 2 of the Convention.

Article 5, Part I(a) and (b), Part III and Part IV. Regulating use of white lead, sulphate of lead and of all products containing these pigments. The Committee notes that the Government has not provided information on whether white lead, sulphate of lead, or products containing these pigments, are prohibited in painting operations, except in the form of paste, or of paint ready for use, and the measures to be taken in order to prevent danger arising from the application of paint in the form of spray (Part I(a) and (b)). The Committee further notes that the Government has not indicated whether cases of lead poisoning, and of suspected lead poisoning are notified, and subsequently verified by a medical person appointed by the competent body, and on instances when medical examinations of workers may be required (Part III); and whether the painting trade is included as a place of work with special working conditions under section 20 of the Law on Safety at Work Act (Part IV). The Committee asks the Government to provide information on measures undertaken or envisaged to give effect to the provisions of Article 5, Part I(a) and (b); Part III; and Part IV of the Convention.

Article 7. Statistics as to morbidity and mortality with regard to lead poisoning. The Committee notes the information provided by the Government stating that there is no statistical data on lead poisoning of working painters, as usage of white lead and sulphate of lead has been completely excluded from painting works. The Committee asks the Government to indicate the measures undertaken to ensure notification and recording of occupational exposure to lead, and to provide statistical information as to morbidity and mortality due to lead poisoning in all occupations.

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

Article 1. Exclusion of particular branches of economic activity. The Committee notes the information indicating that the Law on Safety at Work ensures the application of the Convention to all branches of economic activity, unless special legislation provides otherwise. The Committee asks the Government to indicate whether there is any special legislation enacted which excludes branches of economic activity.

Article 2. Definitions. The Committee notes the information provided by the Government indicating that the definitions under Article 2 are not included in national legislation. The Committee asks the Government to undertake measures to include, in law and in practice, definitions of the terms in Article 2 of the Convention.

Articles 3 and 4. Laws and regulations prescribing measures for the prevention, control of, and protection of workers against health hazards due to occupational exposure to asbestos. The Committee notes the Government’s indication that legislation will be developed to give full effect to these provisions of the Convention. The Committee asks the Government to provide further information on the development of relevant laws and regulations, and to indicate consultation with representative organizations of employers and workers in the development of these laws, as required by Article 4 of the Convention.

Article 6, paragraph 3. Procedures for dealing with emergency situations. The Committee notes the information indicating that section 22 of the Law on Safety at Work requires an employer to inform employees of first-aid measures in case of injuries at work, protection from fires, and procedures for evacuation of employees in the case of emergencies. The Committee asks the Government to provide further information on the specific procedures required for dealing with emergency situations with regards to asbestos.

Articles 11, 12 and 13. Prohibitions against the use of asbestos, and notification of certain types of work involving exposure to asbestos. The Committee notes the information provided by the Government indicating that there is no provision allowing derogations to the rule on prohibiting the use of crocidolite. The Committee asks the Government to confirm that the use of crocidolite and products containing this fibre are prohibited; to undertake measures, in law and in practice, to ensure that the spraying of all forms of asbestos is prohibited; and to indicate whether employers are required to notify, to the competent authority, certain types of work involving exposure to asbestos.

Article 15, paragraphs 1–3. Limits for the exposure of workers to asbestos. The Committee notes the information provided by the Government indicating the limits for exposure to asbestos, as required under the Yugoslav Standard SRPS Z.B0.001 (1991). The Committee asks the Government to provide information on the measures for the periodical review and update of exposure limits in light of technological progress; and to indicate measures ensuring that in all workplaces where workers are exposed to asbestos, employers take all appropriate measures to prevent, or control, the release of asbestos dust in the air, and that employers comply with the prescribed exposure limits.

Article 20, paragraphs 2–4. Keeping of records on the monitoring of the working environment, and of the exposure of workers; and providing workers, and their representatives, access to these records, and the right to request such monitoring. The Committee notes the information indicating that under section 40 of the Law on Safety at Work, the employer is required to keep relevant records on conducted examinations, and that workers, and their representatives, shall have the right to view such records. The Committee asks the Government to indicate the period for which such records should be kept and measures allowing workers, or their representatives, the right to request such monitoring, and to appeal concerning the results.

Article 21. Medical examinations after termination of employment; and maintenance of income for workers whose health is at risk. The Committee notes the information provided by the Government indicating the requirement of initial and periodic medical examinations for workers exposed to asbestos. The Committee asks the Government to provide further information on whether workers receive individual advice concerning their health in relation to their work; to indicate whether workers are required to undergo medical examinations after the termination of their employment in work exposing them to asbestos; and to indicate measures undertaken to maintain the income of workers who have been medically advised against continued assignment to work involving exposure to asbestos. The Committee also asks the Government to undertake measures, in law and in practice, to develop a system of notification of occupational disease caused by asbestos.

Articles 9, paragraph b, 10, 14, 16, 17, 18, 19 and 22, paragraphs 1 and 2. The Committee notes that the information available in the Government’s reports regarding the effect given to the abovementioned Articles of the Convention included information on general measures related to occupational safety and health and did not include information on measures taken to regulate the subject matter specifically concerning asbestos in these Articles. The Committee asks the Government to provide further information on the measures taken, in law and in practice, to ensure full effect is given to the abovementioned Articles.

Part V of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country attaching 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, the number of occupational diseases reported as being caused by asbestos, etc.

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

The Committee notes the Government’s first report on the application of this Convention which indicated that effect is given thereto, inter alia, through sections 104–105 of the Labour Law (OJ of Montenegro No. 49/08).

The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that, with respect to underground work, the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45, even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its General Survey of 2001 on night work of women in industry in relation to Conventions Nos 4, 41 and 89, “the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial” (paragraph 186).

In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45. In this respect, the Committee recalls that, according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018. The Committee requests the Government to keep the Office informed of any decision taken in this regard.

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

Article 2, paragraphs 1 and 2, and Article 4 of the Convention. Obligations related to the hire, transfer in any other manner and exhibition of machinery. The Committee notes that section 17 of the Law on Safety at Work provides for compliance with the Convention as regards machinery and equipment that is sold, but does not prescribe the protection required in relation to the hire, or transfer in any other manner, or exhibition of machinery, as required in these provisions of the Convention. The Committee requests the Government to provide further information on the effect given, in law and practice, to Article 2(1) and (2), and Article 4.

Article 6. Prohibiting the use of machinery without appropriate guards. The Committee notes the general information provided by the Government indicating that machinery with dangerous parts should not be used without protection devices, and the requirements under section 23 of the Law on Safety at Work which requires an employer to provide an employee with the means for personal safety at work. The Committee requests the Government to provide further information on the specific measures, in law and in practice, that prohibit the use of machinery, any dangerous part of which is without appropriate guards.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government in its previous report, indicating that while the Convention is well covered in legislation, its application in practice is not satisfactory. The Committee asks the Government to indicate measures undertaken or envisaged to improve the application of the Convention in practice; and to attach extracts from inspection reports and, where such exists, 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.

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

Article 1 of the Convention. Prohibition of occupational exposure to carcinogenic substances and agents. The Committee notes the information provided by the Government indicating that carcinogenic substances and agents are determined by the Yugoslav standard (JUS Z. BO.001.1991) of the Federal Agency for Standardization, applicable as of 17 September 1991. The Committee asks the Government to provide further information on the manner in which the prohibition of occupational exposure to carcinogenic substances and agents is developed and periodically determined and to list such substances which are currently prohibited or subject to restrictions.

Article 2, paragraphs 1 and 2. Replacing of carcinogenic substances and agents by less harmful substances or agent; and reducing the number of workers exposed to such substances. The Committee notes the reference by the Government to section 6 of the Law on Safety at Work, which requires employers to undertake appropriate preventive measures against all harmful and dangerous substances and agents. The Committee asks the Government to provide further information on the measures taken or envisaged to have carcinogenic substances and agents, to which workers may be exposed in the course of the work, replaced by non-carcinogenic, or less harmful, substances or agents; and to indicate measures to ensure the number of workers exposed to such substances, and the duration and degree of such exposure, shall be reduced to the minimum compatible with safety.

Article 5. Medical examinations during the period of employment and thereafter. The Committee notes the information provided indicating that according to section 18 of the Law on Safety at Work, the employer is required to provide medical examinations for employees allocated to work, or places of work, with special working conditions. With respect to the importance of medical examinations to be carried out after the termination of employment, the Committee points out that the need to examine workers after they have ceased their employment is due to the fact that the occupational origin of cancer is often difficult to demonstrate, as there is no difference between occupational cancer and other non-occupational forms from the clinical and pathological points of view. Moreover, the development of cancer is generally very slow, with latency periods stretching over anything from ten to 30 years or more. The Committee urges the Government to take measures to ensure that workers are provided with such medical examinations or biological or other tests or investigations as are necessary to evaluate their state of health in relation to occupational hazards, not only during the period of employment, but also thereafter.

Part IV of the report form. Application in practice. The Committee asks the Government to provide information on the application in practice of legislative provisions in relation to the specific exposure to carcinogenic substances or agents (Article 3); to indicate measures undertaken to ensure consultation with representative organizations of employers and workers when developing legislation to give effect to this Convention (Article 6(1)); 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 diseases reported, etc.

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

Article 3 of the Convention. Definitions. The Committee notes the information in the Law on Noise Protection which provides for the definition of the term noise. The Committee asks the Government to provide further information on the definitions in law of air pollution and vibration.

Article 4, paragraphs 1 and 2. Measures for prevention, control of, and protection against, occupational hazards. The Committee notes the information provided by the Government indicating measures to ensure prevention, control of, and protection against the occupational hazards of noise, and the reference to technical regulations and standards which define the maximum allowed concentrations that employees may be exposed to at the workplace. The Committee also notes the Government’s indication that further laws and regulations, with regard to this Article, are in the process of development. The Committee asks the Government to indicate measures for the prevention, control of, and protection against, occupational hazards due to air pollution and vibration; and to provide information in its next report on the development of relevant laws and regulations.

Article 5, paragraph 4, and Article 7, paragraph 2. The right of representatives of the employer, and of the workers, to accompany inspectors; and the right of workers, or their representatives, to appeal to appropriate bodies. The Committee notes the information indicating that the employer must allow the representatives of employees to submit their suggestions related to safety at work to the labour inspector during supervision. The Committee asks the Government to provide further information on the measures undertaken or envisaged to give full effect to Articles 5(4) and 7(2).

Article 8. Establishing criteria and determining exposure limits. The Committee notes the information indicating that technical regulations and standards define maximum allowed concentrations in the workplace; and information on the criteria and exposure limits regarding occupational exposure to noise and dust. The Committee asks the Government to provide information on the specific measures that establish criteria for determining the hazards of exposure to air pollution, noise and vibration in the working environment; to indicate whether the establishment of such criteria and of exposure limits took into account the opinion of technically competent persons; and whether such criteria and exposure limits are revised regularly.

Article 11, paragraphs 3 and 4. Alternative employment or other measures to maintain income. The Committee notes the information indicating that if an employee does not meet prescribed conditions for performing tasks at a workplace, they must be reassigned to some other workplace according to their remaining work capability. The Committee asks the Government to provide further information on measures undertaken to maintain workers’ income when they are medically unfit to continue their work; and to provide information on measures to give full effect to Article 11(4).

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards. The Committee notes the information provided by the Government with reference to this Article, however notes that the Government has not indicated the situations in which notification to the competent authority is required. The Committee asks the Government to indicate whether the use of processes, substances, machinery and equipment, specified by the competent authority, involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, shall be notified to the competent authority; and whether the competent authority, as appropriate, may authorise the use on prescribed conditions, or prohibit it.

Article 14. Measures to promote research in the field of prevention and control of hazards. The Committee notes the information included in the Government’s report, indicating that data from the Republic Health Insurance Fund and the Republic Pension and Disability Insurance Fund must be submitted to the Ministry of Labour and Social Welfare. The Committee asks the Government to provide further information on the measures to promote research in the field of prevention and control of hazards in the working environment due to air pollution, noise and vibration.

Part IV 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; 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.

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

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.

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

The Committee notes the detailed information provided by the Government in its first report, and the observations received by the Union of Free Trade Unions of Montenegro (UFTUM) concerning tripartite representation in the social council and the supervision of national legislation giving effect to the Convention. The Committee notes with interest the information indicating the development of regulations to further develop and determine the tasks related to occupational health services. The Committee asks the Government to keep it informed of any progress in laws and regulations to give full effect to the provisions of this Convention.

Article 1, subparagraphs (a) and (b), and Article 5, subparagraph (g), of the Convention. Role of occupational health services to advise on the adaptation of work to the capabilities of workers; and the definition of workers’ representatives. The Committee notes the information indicating that under section 36 of the Law on Safety at Work, the professional services, or professional person for performing safety at work tasks, are responsible for advising employers on such matters. The Committee asks the Government to provide further information specifying whether the role of the occupational health services is to also advise workers and their representatives on safety and health at work; and whether they are required to provide advice on the adaptation of work to the capabilities of workers. The Committee also asks the Government to indicate how effect is given to Article 1(b).

Articles 2 and 4. Formulate, implement and periodically review a national policy. The Committee notes the UFTUM’s statement that it, having not been included in the social council, is deprived of the possibility to follow and influence the national policy regarding occupational health services. The Committee recalls that it has raised the issue of tripartite representation in the social council under its comments on the application by Montenegro on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). The Committee hopes that the Government will ensure that the formulation, implementation and periodical review of its national policy on occupational health services will be developed in consultation with the most representative organizations of employers and workers.

Article 3, paragraph 1. Progressive development of occupational health services for all workers. The Committee notes the information provided by the Government indicating that according to section 34 of the Law on Safety at Work, the employer may engage a professional service, or professional person, to organize and perform professional tasks on safety at work, depending on the organization, nature and scope of work processes, the number of employees who participate in the work process, the number of shifts, assessed risks and the number of units separated in terms of their locations. The Committee asks the Government to provide further information on the progressive development of occupational health services for all workers.

Article 5. Functions of the occupational health services. The Committee notes the UFTUM’s indication that many employers have not carried out the risk assessments called for in section 51 of the Law on Safety at Work, which came into effect three years ago. The UFTUM observes that this is a result of the absence of appropriate supervision with regard to implementation of the national legislation. The Committee asks the Government to provide information on measures taken to address the issues identified above by UFTUM.

Articles 8 and 9. Organization and conditions of operation for occupational health services. The Committee notes the information provided by the Government indicating that, according to section 39(13) of the Law on Safety at Work, accredited health-care institutions must directly cooperate and coordinate safety at work matters with the professional person responsible for safety at work. The Committee asks the Government to provide specific measures to address the requirements under Article 8 and Article 9 of the Convention, with particular reference to the cooperation between occupational health services and the employers, workers, and their representatives, and other services in the undertaking.

Article 12. Surveillance of workers’ health shall take place as far as possible during working hours. The Committee notes the information that, according to section 4 of the Law on Safety at Work, the measures that relate to safety at work may not result in any costs to the workers. The Committee asks the Government to provide information on measures to ensure that surveillance of workers’ health takes place as far as possible during working hours.

Articles 14 and 15. Occupational health services to be informed of any known factors which may affect the workers’ health; and of ill health among workers and absence from work for health reasons. The Committee notes the information provided by the Government indicating that laws and regulations to give effect to these Articles are currently being developed. The Committee asks the Government to provide further information on the development of these laws and regulations, and hopes that they will ensure that occupational health services are informed by the employer and workers of any known factors, and any suspected factors, in the working environment which may affect the workers’ health; and of ill health among workers and absence from work for health reasons.

Part VI of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, attaching 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, etc.