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

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Montenegro (Ratification: 2006)

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.