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

Guarding of Machinery Convention, 1963 (No. 119) - Montenegro (Ratification: 2006)

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.