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

Occupational Cancer Convention, 1974 (No. 139) - Montenegro (Ratification: 2006)

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.