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

Benzene Convention, 1971 (No. 136) - Montenegro (Ratification: 2006)

Article 1. Definitions. The Committee notes the information provided by the Government indicating the legislation which applies the provisions of the Convention. The Committee asks the Government to provide further information on the definitions in law of benzene and of products containing benzene.

Article 2. The substitution of benzene with less harmful products. 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 measures undertaken to ensure that whenever harmless or less harmful substitute products are available, they shall be used instead of benzene or products containing benzene.

Article 4. Prohibition of benzene in certain work processes. The Committee notes the Government’s statement that the utilization of benzene and products containing benzene is not strictly prohibited. The Committee requests the Government to undertake measures, in law and in practice, to give full effect to this Article.

Article 6. Safety measures in premises where workers are exposed to benzene. The Committee notes the information referring to national legislation, which ensures that concentrations of benzene in premises of work do not exceed maximum prescribed concentrations. The Committee asks the Government to indicate measures to ensure that: in premises where benzene or products containing benzene are manufactured, handled or used, all necessary measures shall be taken to prevent the escape of benzene vapour; to provide further information on the measures to ensure that employers do not exceed the concentration of benzene; and to indicate whether the competent authority has issued directions on carrying out measurements of the concentration of benzene.

Article 10. Medical examinations by a qualified physician. The Committee notes the information indicating that the provisions of this Article are implemented by the Rulebook on the manner and procedure for preliminary and periodical specialist medical examinations of workers. The Committee asks the Government to provide further information on the specific measures in place that ensure that medical examinations are carried out under the responsibility of a qualified physician, and are certified in an appropriate manner.

Articles 5, 7, 8 and 12. The Committee also 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 benzene in these Articles. The Committee asks the Government to provide further information on the measures undertaken, 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 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 employment of women at jobs that may have harmful effects on their health and the health of their child (Article 11(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 accidents reported.