Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Legislation. The Committee notes the Government’s indication, in several reports concerning the application of occupational safety and health Conventions, that it has approved a proposal for a law on health and safety at work, currently before Parliament, which will be followed by the adoption of secondary legislation. In this regard, the Committee invites the Government to take into consideration, during the elaboration of this secondary legislation, the Committee’s comments on the application of the Convention. In particular, it invites the Government to consider including, in this legislation, provisions that give full legislative effect to Articles 2, 4 and 6 of the Convention.

Articles 2(1)–(2) and 4 of the Convention. Obligations related to the hire, transfer in any other manner and exhibition of machinery. The Committee previously noted that section 17 of the Law on Safety at Work provides for compliance with the Convention with regard to 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 by the Convention. In this regard, it notes the Government’s reference in its present report to section 10 of the Law on Safety at Work, which states that initial and periodic inspections of technological processes and means for work shall be conducted in order to ensure the work is conducted in the prescribed manner. The Government indicates that inspections shall take place at periods prescribed in secondary legislation, but shall also be carried out on machinery prior to its first use, including during the lease or assignment of machinery. The Committee requests the Government to provide information on the manner in which inspections undertaken, pursuant to section 10 of the Law on Safety at Work, ensure the protection required by the Convention in relation to the hire, or transfer in any other manner, or exhibition of machinery.

Article 6. Prohibiting the use of machinery without appropriate guards. The Committee notes the Government’s statement that, pursuant to the Law on Labour Inspection, an inspector may temporarily prohibit the operations of work if it is found that the means for work used are not in line with the prescribed safety measures (section 6). The Committee requests the Government to specify if the prescribed safety measures include a prohibition on the use of machinery with dangerous parts without appropriate guards, and to provide details with respect to these measures.

Application of the Convention in practice. The Committee notes the general information submitted with the Government’s report on the number of labour inspections undertaken to monitor safety at work, the number of irregularities detected and the number of orders to temporarily suspend operations issued, including the number of suspensions due to a failure to take safety measures. However, there is no specific information relating to the guarding of machinery as covered by this Convention. The Committee requests the Government to provide further specific information on the number and nature of the contraventions reported related to the application of the Convention as well as the number, nature and cause of accidents reported.