Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Montenegro

Asbestos Convention, 1986 (No. 162) (Ratification: 2006)
Safety and Health in Construction Convention, 1988 (No. 167) (Ratification: 2015)
Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (Ratification: 2015)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 162 (asbestos), 167 (safety and health in construction) and 187 (promotional framework for OSH) together.

A. General provisions Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

The Committee notes the Government’s first report.

Article 2(3) of the Convention. Measures that could be taken, in consultation with social partners, to ratify relevant OSH Conventions of the ILO. The Committee notes the Government’s indication in its report that the tripartite Social Council, which is constituted of representatives of the Government, representative trade unions, and representative associations of employers, may submit recommendations to the competent authorities concerning the measures that could be taken to ratify the relevant ILO Conventions. The Committee notes in this respect the ratification of the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), by Montenegro in 2017. The Committee requests the Government to continue to provide information on the periodic consideration of the measures that could be taken to ratify relevant OSH Conventions by the Social Council.

Article 4(3)(e). Research on OSH. The Committee requests the Government to provide information regarding measures taken or envisaged to carry out research on OSH.

Article 4(3)(f). Collection and analysis of data on occupational injuries and diseases. The Committee notes that pursuant to section 52 of the Law on Safety and Health at Work (No. 34/14, 44/18) (Law on Safety and Health at Work), the Health Insurance Fund, the Pension and Disability Insurance Fund of Montenegro, and authorized medical institutions for healthcare of employees provide on a monthly basis, and for each calendar year, the state authority in charge of labour with data on occupational injuries and occupational diseases. The Government states that the collection of data on occupational and work-related diseases remains a challenge. With reference to its comments below on the Asbestos Convention, 1986 (No. 162), the Committee requests the Government to provide further information on the measures taken to strengthen the collection and analysis of data regarding occupational diseases.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in microenterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee notes that, according to the ILO Decent Work Country Programme 2019–21 for Montenegro, SMEs represent the vast majority of all firms in the country, and account for more than three quarters of employment. Given this number, the Committee requests the Government to indicate whether there are support mechanisms for a progressive improvement of OSH conditions in microenterprises, in small and medium-sized enterprises and in the informal economy, in accordance with Article 4(3)(h) of the Convention.

Article 5. National programme. The Committee notes the Government’s adoption of the Strategy on Safety and Health at Work 2016–20, as well as the action plan for its implementation. The Government indicates that the Strategy on Safety and Health at Work 2016–20 was adopted following the expiry of a Strategy for 2010–14, and sets out a number of goals and activities to undertake in the field of OSH. The Government also indicates that the Strategy is based on the principles of social dialogue at all levels. The Committee requests the Government to provide further information on the effectiveness in the implementation of the Strategy, measured against the individual strategic goals established in the Strategy. The Committee also requests the Government for further information regarding the manner in which social partners participated in the formulation of the National Strategy on Safety and Health at Work 2016–20. In addition, the Committee requests information regarding the manner in which the Government ensures that its national programme is widely publicized, in accordance with Article 5(3) of the Convention.

B. Protection from specific risks Asbestos Convention, 1986 (No. 162)

The Committee notes the information provided by the Government in reply to its previous requests concerning the application of Articles 2 (definitions), 6(3) (emergency procedures), 9(b) (special rules and procedures for the use of asbestos), 10 (prohibition or replacement of asbestos), 12 (spraying of asbestos), 13 (notification of work involving asbestos), 14 (labelling), 15(1) and 15(3) (limits to asbestos exposure), 16 (employer responsibility for practical measures), 17(1) and 17(3) (demolition – qualification and consultation), 18(1)–(4) (special protective clothing and equipment), 19(2) (pollution), 20(3) (access to records), 21(2)–(3) (medical examinations) and 22(2) (education and periodic training) of the Convention.

Articles 3 and 4 of the Convention. Adoption of national laws and regulations and consultation of the most representative organizations of employers and workers concerned. The Committee notes with interest the adoption of the 2017 Rulebook on Protection Measures from Risk of Exposure to Asbestos at Work (2017 Rulebook on Asbestos). The Committee requests the Government to indicate how the most representative organizations of employers and workers were consulted in the adoption of this Rulebook, and in the adoption of any other measures giving effect to this Convention.

Article 11. Prohibition on the use of crocidolite. The Committee notes that Annex 1 of the 2013 Rulebook on the Prohibition and Restriction of the Use, Placing on the Market and Production of Chemicals that Pose an Unacceptable Risk to Human Health and the Environment (Nos 49/13, 12/16) prohibits the production, placing on the market and use of asbestos fibres, which include crocidolite. However, the Committee notes that, pursuant to Annex 1, Part 1, of the Rulebook, this prohibition contains certain exceptions, including for example, with regard to some products that were installed and in use before 1 July 2014, and certain products containing fibres where a high level of protection of health is ensured. Recalling the resolution concerning asbestos, adopted by the 95th Session of the International Labour Conference, June 2006, the Committee requests the Government to indicate whether any of the derogations to the prohibition of the production, placing on the market and use of asbestos contained in Annex 1, Part 1, of the Rulebook on the Prohibition and Restriction of the Use, Placing on the Market and the Production of Chemicals that Pose an Unacceptable Risk to Human Health and the Environment apply to crocidolite.

Article 15(2). Periodic review and update of limits for the exposure of workers to asbestos. The Committee takes note of the exposure limits for asbestos established in section 4 of the 2017 Rulebook on Asbestos. The Committee requests the Government to provide information on the manner in which these exposure limits or other exposure criteria are periodically reviewed and updated in the light of technological progress and advances in technological and scientific knowledge.

Article 17(2)(b)–(c). Work plan prior to demolition work. The Committee notes that the Government report refers to section 17 of the Law on Safety and Health at Work, which requires that all employers issue a risk assessment act for workplaces, to determine the methods and measures to eliminate risk and ensure their implementation, and that the employer shall familiarize the employee with the risk assessment in a transparent manner. The Committee also notes that section 24 of the Law on Safety and Health at Work requires that employers, workers and workers’ representatives and trade unions cooperate in determining their OSH rights, obligations and responsibilities, including with respect to the risk assessment and protective measures. In addition, the Committee notes that, pursuant to section 183 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites (No. 20/19), an OSH plan has to be developed for the demolition or removal of buildings or parts thereof. The Committee requests the Government to indicate whether the work plans required by the national legislation specify the measures to be taken under Article 17(2)(b)–(c) of the Convention, in cases of demolition of plants or structures containing friable asbestos insulation materials, and removal of asbestos from buildings or structures in which asbestos is liable to become airborne.

Article 18(5). Washing facilities. The Committee requests the Government to indicate the measures taken to ensure that employers provide facilities for workers exposed to asbestos to wash, take a bath or shower at the workplace, as appropriate, in accordance with Article 18(5) of the Convention.

Article 19(1). Disposal of waste. The Committee requests the Government to provide information on measures taken to ensure that employers dispose of waste containing asbestos in a manner that does not pose a health risk to the workers concerned, including those handling asbestos waste, in accordance with Article 19(1) of the Convention.

Article 20(2) and (4). Records of the monitoring of the working environment and of the exposure of workers to asbestos. The Committee previously noted 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 the Rulebook must be stored permanently, unless provided otherwise for some types of records or documentation. The Committee requested the Government to indicate whether records referred to in Article 20(2) of the Convention were kept permanently or if such records fell under the exception foreseen in section 14 of the Rulebook. The Committee notes the Government’s indication in reply that, in the drafting of a new Rulebook on Keeping Records in the Field of Safety and Health at Work, Article 20 of the Convention will be taken into account. The Committee requests the Government to provide information on the adoption of a new Rulebook on Keeping Records in the Field of Safety and Health at Work and to provide a copy of the new Rulebook once it has been adopted. The Committee also once again requests the Government to provide information on whether workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring, in accordance with Article 20(4) of the Convention.

Article 21(1). Medical examinations. The Committee notes the Government’s indication that, after termination of employment, there is no medical supervision provided to workers who were exposed to asbestos. The Committee recalls however, that, pursuant to Article 21(1) of the Convention, workers must be provided with such medical examinations as are necessary to supervise their health in relation to the occupational hazard, and to diagnose occupational diseases caused by exposure to asbestos, which may require examination after the termination of employment. The Committee requests the Government to take the necessary measures to ensure that workers who are or have been exposed to asbestos are provided with medical examinations after their employment is terminated, to ensure full conformity with Article 21(1) of the Convention.

Article 21(4). Means of maintaining workers’ income. The Committee notes that the Government, in its reply to the Committee’s previous comments, refers to section 19 of the Law on Safety and Health at Work, which provides that if a worker who is assigned to work with special conditions or at increased risk cannot be transferred to another position that suits their health capabilities, the employer shall provide them with other rights under the law. The Committee requests the Government to indicate what the additional rights mentioned in section 19 of the Law on Safety and Health at Work consist of, and whether they ensure that every effort shall be made, consistent with national conditions and practice, to provide the workers concerned with other means of maintaining their income, in accordance with Article 21(4).

Article 21(5). Notification of occupational diseases caused by asbestos. The Committee notes the Government’s indication, in response to its previous request, that a register of occupational diseases is under preparation. The Committee requests the Government to continue to provide information on the measures taken by the competent authority to develop a system of notification of occupational diseases caused by asbestos, in accordance with Article 21(5), including on the status of the completion of the register.

Article 22(1). Information and education. The Committee reiterates its request for information on the manner in which the competent authority makes appropriate arrangements, in consultation and collaboration with the most representative organizations of employers and workers concerned, to promote the dissemination of information and the education of all concerned with regard to health hazards due to exposure to asbestos and to methods of prevention and control, in accordance with Article 22(1) of the Convention.

Application in practice. The Committee notes the Government’s indication that until the establishment of a register of occupational diseases, it does not possess data regarding occupational diseases. The Committee requests the Government to strengthen its efforts with respect to the collection of data on occupational diseases caused by asbestos, and to provide information on the application of the Convention in practice. It also requests the Government to provide information on the implementation of the 2017 Rulebook on Asbestos and other implementing legislation and regulations, including the number of violations detected and penalties imposed.

C. Protection in specific branches of activity Safety and Health in Construction Convention, 1988 (No. 167)

The Committee notes the Government’s first report.

Article 5(2) of the Convention. Due regard given to relevant standards adopted by international organizations in the field of standardization. The Committee requests the Government to indicate the manner in which it gives due regard to the relevant standards adopted by recognized international organizations in the field of standardization, in its adoption and maintenance in force of laws or regulations giving effect to this Convention.

Article 8(1)(c). Cooperation between two or more employers simultaneously undertaking activities at one construction site. The Committee notes that the Government’s report refers to section 22 of the Law on Safety and Health at Work, which prescribes measures for coordination and for defining mutual obligations and responsibilities of multiple employers working on the same construction site. It also notes the requirement to appoint OSH coordinators for construction projects, set out in sections 9a, 49b and 49d of the 2018 amendments to the Law on Safety and Health at Work. The Committee observes that those provisions do not specify whether each employer shall remain responsible for the application of the prescribed measures in respect of the workers placed under his or her authority (Article 8(1)(c)). The Committee requests the Government to indicate the provisions of the national legislation which provide for the obligations under Article 8(1)(c) of the Convention.

Article 12. Right of workers to remove themselves. The Committee notes that, pursuant to section 34 of the Law on Safety and Health at Work, in the event of serious and imminent threat to life and health, workers may take appropriate measures in accordance with their knowledge and technical means at their disposal, and in case of unavoidable danger have the right to leave the dangerous workplace, work processes or work environment. The Committee recalls that Article 12(1) does not require that the danger be unavoidable, and provides that a worker shall have the right to remove himself or herself from danger when he or she has a good reason to believe that there is an imminent and serious danger to his or her safety or health. The Committee requests the Government to take the necessary measures to align section 34 of the Law on Safety and Health at Work with the requirement of Article 12(1) of the Convention. In addition, the Committee requests the Government to indicate the measures taken as well as any relevant legal provisions to ensure that, where there is an imminent danger to the safety of workers, the employer shall take immediate steps to stop the operation and evacuate workers as appropriate, in accordance with Article 12(2).

Article 15(2). Raising, lowering or carrying persons in appliances constructed, installed and used for that purpose. The Committee takes note that section 173 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites sets out that, as a rule, workers shall not climb onto vehicles or onto modules, be in the cab of the vehicle, or stand on the vehicle when loading prefabricated modules onto or unloading them from such vehicles. The Committee observes that Article 15(2) of the Convention covers not only situations in which modules are being loaded, unloaded, raised or lowered but also other situations in which a person may be raised, lowered or carried by a lifting appliance. The Committee requests the Government to indicate measures taken to ensure that no person shall be raised, lowered or carried by a lifting appliance unless it is constructed, installed and used for that purpose in accordance with national laws and regulations, except in an emergency situation in which serious personal injury or fatality may occur, and for which the lifting appliance can be safely used.

Article 19(d). Excavations, shafts, earthworks, underground works and tunnels. Reaching safety in the event of fire, or inrush of water or material. The Committee takes note of the protective measures for workers provided for in sections 33 and 251 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites which refer to, respectively, measures to signal and evacuate workers in wells, and measures regarding shelters and monitoring to protect workers from explosions and harmful gases in tunnels. The Committee requests the Government to provide further information on the manner in which it ensures that precautions are taken in any excavation, shaft, earthworks, underground works or tunnel to enable workers to reach safety in the event of fire, or an inrush of water or material, in accordance with Article 19(d).

Article 19(e). Excavations, shafts, earthworks, underground works and tunnels. Appropriate investigations to locate circulation of fluids or the presence of pockets of gas. The Committee notes that sections 15, 30 and 223 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites set out requirements to undertake checks for the presence of different gases. The Committee requests the Government to indicate the measures taken to give full effect to Article 19(e) with regard to the circulation of fluids.

Article 20(2) and (3). Cofferdams and caissons. Means for workers to reach safety. Immediate supervision of a competent person. Inspection at prescribed intervals. The Committee notes that section 215 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites provides for the requirement that cofferdams and caissons be inspected within the applicable deadlines. The Committee also notes the Government’s indication that the construction of caissons must correspond to modern technical requirements in terms of safety. The Committee requests the Government to indicate the measures taken to ensure that the construction, positioning, modification or dismantling of a cofferdam or caisson shall take place only under the immediate supervision of a competent person, in accordance with Article 20(2) of the Convention. The Committee also requests the Government to provide further on the carrying out of inspections foreseen in section 215 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites, including the manner in which it is ensured that they are carried out by a competent person.

Article 21(2). Supervision of work in compressed air. The Committee notes that, under section 232 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites, workers working for the first time in a caisson must be subjected to a trial in a decompression chamber, after a medical examination for work at the workplace. Section 232 also states that caisson workers who have been absent from work for more than two days, as well as after any illness, shall be subject to another medical examination prior to resuming such work. The Committee requests the Government to indicate the measures taken to ensure that work in compressed air shall be carried out only when a competent person is present to supervise the conduct of the operations, in accordance with Article 21(2) of the Convention.

Article 24(b). Demolition works. The Committee notes that, pursuant to section 183 of the Rulebook on Measures of Protection on Temporary or Mobile Construction Sites, it shall be necessary to develop a plan of workplace health and safety measures for the demolition of a building or some part thereof, regardless of whether demolition is to be performed manually, using a machine, or using explosives. The Committee requests the Government to indicate the measures taken to ensure that demolition work shall be planned and undertaken only under the supervision of a competent person, in accordance with Article 24(b) of the Convention.

Article 26(1). Electrical equipment and installations. The Committee notes that sections 309–316 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites provide safety requirements in relation to electrical installations on construction sites. The Committee requests the Government to indicate the measures taken to ensure that all electrical equipment and installations shall be constructed, installed and maintained by a competent person, in accordance with Article 26(1) of the Convention.

Article 27(b). Storage, transport, handling and use of explosives only by a competent person. The Committee takes note of the safety requirements for the storage and transport of explosives under sections 263 and 320 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites. The Committee requests the Government to indicate the measures taken to ensure that explosives shall not be stored, transported, handled or used except by a competent person, who shall take such steps as are necessary to ensure that workers and other persons are not exposed to risk of injury, in accordance with Article 27(b) of the Convention.

Article 28(2)(a). Health hazards. The Committee requests the Government to indicate the measures taken to ensure the replacement of hazardous substances by harmless or less hazardous substances wherever possible, in accordance with Article 28(2)(a) of the Convention.

Article 32(3). Provision of separate sanitary and washing facilities. The Committee notes section 9 of the Rulebook on Measures of Protection for Temporary or Mobile Construction Sites concerning the requirement to provide, prior to starting construction work, sanitary facilities, toilets, wash basins, drinking water facilities and shelter for workers. The Committee requests the Government to indicate the measures taken to ensure that separate sanitary and washing facilities for men and women workers are provided, in accordance with Article 32(3) of the Convention.