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

Asbestos Convention, 1986 (No. 162) - Montenegro (Ratification: 2006)

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.