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

Asbestos Convention, 1986 (No. 162) - Montenegro (Ratification: 2006)

Articles 3 and 4 of the Convention. Legislation. Article 2. Definitions. Article 6(3). Procedures for dealing with emergency. Article 15(1)–(3). Limits for the exposure of workers to asbestos. In reply to the Committee’s last comment, the Government indicates that the draft Law on Safety and Health at Work is currently before Parliament and that, on the basis of its section 60(2), a Rulebook on safety and health at work when exposed to asbestos will be adopted, in accordance with European Union Directive 2009/148/EC. As regards the application of Articles 2, 6(3) and 15(1)–(3) of the Convention, the Government indicates that this rulebook will regulate all matters relating to the protection of employees from the risk of exposure to asbestos at work, with a view to full compliance with the provisions of this Convention. The Committee requests the Government to provide information on any progress made towards adopting the Law on Safety and Health at Work and the rulebook on safety and health at work when exposed to asbestos and to supply a copy of these texts once they have been adopted. It hopes that these texts will give full effect to the Convention and, in particular, to Articles 2, 6(3) and 15(1)–(3) of the Convention.

Article 11. Prohibition of the use of crocidolite. The Committee notes that, according to the Government’s report, the Rulebook on the prohibition and restriction of the use, trade and manufacturing of chemicals that pose an unacceptable risk to the health and the environment (No. 49/13) stipulates that the production, trade and use of all forms of asbestos, as well as products containing asbestos fibres, shall be prohibited. However, the Committee observes that it is not clear whether the use of crocidolite is indeed prohibited, as it would also appear from the Government’s report that the production, trade and use of asbestos fibres and products containing asbestos fibres are allowed, provided a high level of protection of human health is ensured. The Committee therefore requests the Government to clarify the manner in which Article 11 is applied and to supply a copy of Rulebook No. 49/13.

Article 12. Prohibition of the spraying of all forms of asbestos. The Committee notes that the Government’s report is silent on this point. The Committee therefore once again requests the Government to indicate how it is giving effect, in law and in practice, to Article 12 of the Convention, including any derogations from the prohibition which could have been permitted.

Article 13. Notification of certain types of work involving exposure to asbestos. The Committee notes from the Government’s report that businesses using certain products and devices containing chrysotile were required to submit information to the Environment Protection Agency before June 2014, including information on the end of their service life and the availability of alternative asbestos-free products or devices. The Committee requests the Government to provide further information on this notification process and to supply a summary of the data collected. The Government is also requested to provide information on any other measures taken or envisaged providing for the notification of certain types of work involving exposure to asbestos.

Article 20(2)–(4). Keeping of records and the right of workers or their representatives to request monitoring and appeal to the competent authorities. Further to its previous comment, the Committee notes from the Government’s report that, pursuant to section 14 of the Rulebook on record keeping in the area of safety at work (No. 67/05), the records prescribed in this Rulebook must be stored permanently, unless provided otherwise for some types of records or documentation. The Committee notes that it is not clear which records and other types of documentation are covered by the expression “unless provided otherwise”. In this connection, the Committee wishes to draw the Government’s attention to Paragraph 36(1) of the Asbestos Recommendation, 1986 (No. 172), which prescribes that records of the monitoring of the working environment should be kept for a period of not less than 30 years. Furthermore, the Committee notes that no information was provided regarding the right of workers or their representatives to request the monitoring of the working environment and to appeal to the competent authority concerning the results thereof. The Committee requests the Government to clarify whether records referred to in Article 20(2) of the Convention are to be kept permanently and to supply a copy of Rulebook No. 67/05. Moreover, the Committee again requests the Government to indicate the provisions giving effect to Article 20(4) of the Convention.

Article 21. Medical examinations after termination of employment and maintenance of income. With reference to its previous comment, the Committee notes the Government’s indications that there is currently no medical supervision provided to workers who have been exposed to asbestos after termination of their employment but that the Rulebook on safety and health at work when exposed to asbestos, currently under preparation, will contain provisions on workers’ health supervision. The Committee wishes to refer to the guidelines provided by Paragraph 31(3) of Recommendation No. 172, according to which provision should be made for appropriate medical examinations to continue to be available to workers after termination of an assignment involving exposure to asbestos. The Committee requests the Government to take all the necessary measures to ensure the full application of Article 21 and to provide information in this respect. It also requests the Government to indicate the measures, taken or envisaged, to maintain the income of workers whose continued assignment to work involving exposure to asbestos has been found medically inadvisable.

Articles 9(b), 10, 14, 16, 17, 18, 19 and 22(1)–(2). The Committee notes that the Government has omitted to provide information in respect of these provisions. The Committee once again requests the Government to indicate the measures taken to give full effect to these Articles, in law and in practice.

Application of the Convention in practice. The Committee notes that the Government’s report contains no information on the application in practice of the Convention. The Committee therefore reiterates its request that the Government provide a general appreciation of the manner in which the Convention is applied in practice, including information on the number of workers covered by the relevant legislation, the number of occupational diseases reported as being caused by asbestos and the number and nature of contraventions reported.

[The Government is asked to reply in detail to the present comments in 2016.]