Underground Work (Women) Convention, 1935 (No. 45) - Montenegro (Ratification: 2006)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 45 (underground work (women)), 119 (guarding of machinery), 139 (occupational cancer), 148 (working environment (air pollution, noise and vibration)), 155 (OSH), 161 (occupational health services), 162 (asbestos), 167 (OSH in construction) and 187 (promotional framework for OSH) together.

Application of OSH Conventions in practice. The Committee notes the information provided by the Government in its reports, including statistics regarding the number of inspections carried out and their outcomes. The Government indicates that, in the period 2016–19, labour inspectors carried out 10,831 inspections, detecting 11,618 irregularities in total, and that 1,065 injuries at work in total were reported in 2019, down from 1,199 in 2018. The Committee welcomes the Government’s indication that in the period 2008–17, the number of occupational injuries decreased by 51.8 per cent. The Committee notes, however, that, according to available data from the Government, only 14 per cent of acts on risk assessments at the level of the undertaking are adopted. The Committee also observes that, according to the Government, failure by the employer to keep OSH records, to procure and ensure the use of personal protective equipment, to undertake the necessary measures and designate employees for emergencies, as well as the lack of risk assessment acts for all jobs, figure amongst the most common OSH violations identified. With regard to the construction sector, the Committee also notes that the Government refers to the funding of a number of projects on OSH. The Government states that, while construction was the sector recording the highest number of occupational injuries in 2017 (39 per cent), this represented a decrease compared to 2008, when it recorded 82 per cent of all occupational injuries. The Committee requests the Government to continue to provide information on the application of the ratified OSH Conventions in practice, including on the number of occupational accidents and diseases reported, and the number and nature of violations detected by labour inspectors. The Committee also requests the Government to provide further information on the measures taken or envisaged with a view to reducing the number of OSH violations, occupational accidents and occupational diseases in the country, as well as on the impact of such measures.

A. General provisions

1. OSH and its promotional framework (Conventions Nos 155 and 187)

The Committee takes note of the information provided by the Government in reply to its previous requests concerning Articles 4 (national policy), 7 (review of OSH situation), 11(b) (functions of authorities regarding substances subject to authorization and control) and 19(e) (enquiry and consultation on OSH at the undertaking level) of Convention No. 155. It also takes note of the information provided by the Government in reply to its previous requests concerning Articles 2(3) (consideration of measures to ratify OSH Conventions), 4(3)(e) (research on OSH) and 4(3)(h) (micro-enterprises, small and medium-sized enterprises and informal economy) of Convention No. 187.

National system

Article 11(c) and (e) of Convention No. 155 and Article 4(3)(f) of Convention No. 187. Procedures for collection and analysis of data. Production of annual statistics and annual publication of information on occupational accidents and diseases. Following its previous comments on measures taken to give effect to Article 11(e) of Convention No. 155, the Committee notes the Government’s indication that the Department for Safety and Health at Work submits reports on published laws and regulations, statistics on injuries at work, and participation in promotional and other activities. The Committee also notes that, under sections 50 and 51 of the Law on Safety and Health at Work (Nos 34/14, 44/18), employers are required to keep records, including on injuries at work and occupational diseases, and to make an annual OSH report. Furthermore, the Committee previously noted the cooperation duties regarding the sharing of information on occupational injuries and diseases between the state authority on labour and health institutions, as envisaged under section 52 of the same Law. However, in this respect, the Government indicates that there is no institution in charge of verifying occupational diseases in the country, and therefore no relevant information on reported occupational diseases. The Committee thus requests the Government to take measures to enable the collection and analysis of data on occupational diseases, and to ensure the production and publication of annual statistics on both occupational accidents and diseases, to give full effect to Article 11(c) and (e) of Convention No. 155 and Article 4(3)(f) of Convention No. 187. The Committee requests the Government to provide further information on measures taken in this regard.

National Programme

Article 5 of Convention No. 187. National OSH Programme. The Committee previously noted the Strategy on Safety and Health at Work 2016–20 and its action plan, and requested for information on its implementation and on the participation of social partners in its formulation. In this regard, the Committee notes the Government’s indication that representatives from all relevant institutions, including social partners, were involved in the drafting of the Strategy on Safety and Health at Work 2016–20. The Government further indicates that the level of implementation of the strategy’s action plan reached over 95 per cent. The Committee notes the Government’s statement that it is currently working on a new Strategy for the Improvement of Health and Safety at Work, which will be harmonized with the European Strategy for the Improvement of Health and Safety at Work 2021–27. The Committee requests the Government to provide further information on how the review of the Strategy on Safety and Health at Work 2016–20 will be taken into account in the adoption of the new Strategy for the Improvement of Health and Safety at Work, and to provide a copy of this new strategy, once adopted. In addition, the Committee requests the Government to provide information on the implementation of this new strategy, and on the manner in which the Government ensures that the strategy will be widely publicized, in accordance with Article 5(3) of the Convention.

2. Occupational Health Services Convention, 1985 (No. 161)

The Committee takes note of the information provided by the Government in reply to its previous requests concerning Articles 1 (meaning of occupational health services), 5 (functions of occupational health services) and 12 (health surveillance during working hours) of the Convention.

Article 3(1) of the Convention. Progressive development of occupational health services for all workers. The Committee notes that, pursuant to section 38 of the Law on Safety and Health at Work, employers are required to engage professional OSH services or professional persons, depending on the organization, the nature and the scope of work processes, the number of employees who participate in such work, the number of shifts and other factors. Regarding its previous request for information on the number of employers who have engaged such professional services, the Committee notes the Government’s indication that there is no exact data in this respect. However, the Government states that there are currently 28 authorized institutions for health care of employees in Montenegro, according to the data of the Ministry of Health. The Committee requests the Government to provide further information on the measures taken or envisaged to develop progressively occupational health services for all workers, in practice.

Article 8. Cooperation between employers, workers and their representatives with respect to occupational health services. The Committee previously requested for information on the participation in practice of employees, when implementing measures relating to occupational health services. In this regard, the Committee notes that the Government refers to section 24 of the Law on Safety and Health at Work, regarding cooperation and consultation between the employer, and employees and their representatives or trade unions. The Government indicates that cooperation and consultations take place with authorized health institutions. The Committee requests the Government to provide further information on the manner in which, in practice, employers together with workers and their representatives cooperate and participate in the implementation of the organisational and other measures relating to occupational health services.

Article 15. Requirement to inform occupational health services of occurrences of illness and absence from work for health reasons. Following its previous comments on this matter, the Committee notes the Government’s indication that regulations have yet to be adopted concerning the requirement that occupational health services shall be informed of occurrences of ill health amongst workers and absence from work for health reasons. The Committee notes that, pursuant to section 39 of the Law on Safety and Health at Work, employers are required to give professional persons and services access to all information relevant to OSH. The Committee requests the Government to provide further information on measures taken to give effect to Article 15 of the Convention, including information on the adoption of the abovementioned regulations.

B. Protection against specific risks

1. White Lead (Painting) Convention, 1921 (No. 13)

Articles 1, 2, 5, 6 and 7 of the Convention. Prohibition and regulation of the use of white lead and sulphate of lead, and of all products containing these pigments. The Committee previously noted with interest that Montenegro has a prohibition on the use of substances or mixtures containing lead carbonate and lead sulphate when intended for use in paints, except for use in restoration and maintenance of works of art or historic buildings and their interiors. It requested for information on any regulations adopted concerning the use of white lead paint for works of art, historic buildings and their interiors. The Committee notes the indication of the Government that there are no relevant provisions in this regard. The Committee recalls that Article 2(2) of the Convention requires the use of white lead, sulphate of lead, and all products containing these pigments for the purpose of artistic painting and fine lining, to be regulated, in conformity with Articles 5, 6 and 7. The Committee requests the Government to indicate the measures taken to regulate exceptions to the prohibition on the use of substances or mixtures containing lead carbonate and lead sulphate when intended for use in paints. In addition, the Committee requests the Government to provide information on the use, in practice, of white lead and sulphate of lead and of all products containing these pigments in restoration and maintenance of works of art or historic buildings and their interiors.

2. Guarding of Machinery Convention, 1963 (No. 119)

The Committee takes note of the information provided by the Government concerning Article 6 (prohibition on use of machinery without appropriate guards) of the Convention which addresses its previous request.

Article 2(1) and (2) and Article 4 of the Convention. Obligations related to the hire, transfer in any other manner and exhibition of machinery. Legislation. The Committee previously requested information on the manner in which technical inspections undertaken ensure the protection required by the Convention in relation to the hire, or transfer in any other manner, or exhibition of machinery. The Committee notes in this regard that section 3 of the Rulebook on the Procedure and Deadlines for Performing Periodic Inspections and Tests of Labour Supplies, Personal Protective Equipment and Environmental Conditions (No. 71/05), requires periodic inspections of protections against moving parts in means of work. The Committee also requested for information on legislation giving full effect to Articles 2 and 4 of the Convention. In this respect, the Committee recalls that, pursuant to Article 4, the obligations under Article 2 shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and, where appropriate under national laws or regulations, on their respective agents. The Committee thus requests the Government to provide further information on the regulations in place to ensure that the persons concerned under Article 4, have the obligations envisaged under Article 2, with respect to the safety of machinery.

Article 15. Application and supervision of the provisions of the Convention. The Committee notes that, according to the Government, the most common OSH violations detected by labour inspectors include failure by the employer to procure and issue required work equipment with the relevant expert’s assessment and findings. Furthermore, the Government indicates that the most common causes of injuries at the workplace, as detected by labour inspectors, include impact on and crushing of the trunk of the body, the obsolescence of work equipment, and the use of equipment without prior examination and testing, or without professional findings obtained from authorized organizations on OSH. The Committee requests the Government to provide further information on the number of violations detected by labour inspectors relating to the safety of machines, as well as on the measures taken with a view to reducing the number of such violations.

3. Occupational Cancer Convention, 1974 (No. 139)

The Committee takes note of the information provided by the Government in reply to its previous requests concerning Articles 1 (prohibition of occupational exposure to carcinogenic substances and agents), 2(1) (replacement of carcinogenic substances and agents), 2(2) (number of workers exposed and duration and degree of exposure) and 6(a) (consultation with social partners) of the Convention.

Article 3 of the Convention. Measures to protect workers. Establishment of an appropriate system of records. The Committee notes with interest the adoption of the Rulebook on Occupational Health and Safety Measures against the Risk of Exposure to Carcinogenic or Mutagenic Substances (Nos 60/16 and 11/17). The Committee notes that this Rulebook prescribes minimum OSH measures for employers to take, with a view to eliminating or reducing the risk of occupational accidents and diseases caused by occupational exposure to carcinogenic or mutagenic substances. Taking into account employers’ duty to keep OSH records under section 50 of the Law on Safety and Health at Work, the Committee requests the Government to indicate the manner in which Article 3 is given effect in practice, to the requirement to establish an appropriate system of records, in respect of workers exposed to carcinogenic substances.

Article 5. Medical examinations during the period of employment and thereafter. The Committee previously requested for information on measures taken or envisaged to supervise the health of workers who have been exposed to carcinogenic substances or agents, after the period of employment. In this regard, the Committee notes the Government’s reference to section 19 of the Law on Safety and Health at Work, which provides for the employer’s duty to provide medical examinations for workers, including for employees who perform work with special conditions or at increased risk. However, the Committee observes that section 19 does not seem to prescribe medical examination of workers after the period of employment. The Committee requests the Government to provide further information on the manner in which, in accordance with Article 5 of the Convention, workers are provided with such medical examinations or biological or other tests or investigations after the period of employment as are necessary to evaluate their exposure and monitor their state of health in relation to the occupational hazards.

4. Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

The Committee takes note of the information provided by the Government in reply to its previous requests concerning Articles 3 (definitions), 4 (measures in laws or regulations), 7(2) (workers’ or representatives’ right to appeal) and 8 (criteria for determining hazards and exposure limits) of the Convention.

Article 5(4) of the Convention. Opportunity for workers’ representatives to accompany inspectors. Following its previous comments on the manner in which effect is given to Article 5(4), the Committee notes the Government’s indication that there are no legal provisions defining the right of representatives of trade unions to attend inspection visits. The Committee thus requests the Government to indicate any other measures taken or envisaged to ensure that representatives of workers of the undertaking have an opportunity to accompany labour inspectors during their visits, unless the inspectors consider, in the light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties.

Article 11(3) and (4). Alternative employment or other measures to maintain income. Rights of workers under social security or social insurance legislation. Following its previous comments, the Committee notes the Government’s indication that, pursuant to section 19 of the Law on Safety and Health at Work, employers are obliged to reassign a worker to another job corresponding to his health abilities where, after medical examination, it is determined that they do not meet the conditions to perform work with special working conditions. Section 19 of this Law also requires the employer to ensure that, when reassignment is not feasible, the worker shall get other rights in accordance with the law. The Government indicates that such rights can be severance pay or retirement, as appropriate, if the adequate conditions are met. The Committee requests the Government to provide further information on any rights of workers under social security laws and regulations to maintain their income, in cases where continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable, and reassignment to another job is not possible.

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards. The Committee previously requested for information on measures giving effect to Article 12. In this respect, the Committee notes with interest the adoption of the Rulebook on Measures of Safety and Health at Work regarding Risks Arising from Exposure to Noise (No. 37/16) and the Rulebook on Measures of Safety and Health at Work regarding Risks Arising from Exposure to Vibration (No. 24/16). However, the Committee observes that these rulebooks appear to be silent on the issue of notification to the competent authority. The Committee once again requests the Government to indicate the measures taken to ensure that employers using processes, substances, machinery and equipment involving exposure of workers to noise or vibration, shall notify them to the competent authority and that this authority may, as appropriate, authorize their use on prescribed conditions or prohibit it.

5. Asbestos Convention, 1986 (No. 162)

The Committee takes note of the information provided by the Government in reply to its previous requests concerning Articles 3 (national laws and regulations), 4 (consultation with social partners), 11 (crocidolite), 15(2) (periodic review and update of exposure limits), 17(2) (work plan prior to demolition), 19(1) (disposal of waste), 21(4) (income maintenance) of the Convention.

Article 18(5) of the Convention. Washing facilities. In response to its previous comment on measures giving effect to Article 18(5), the Committee notes the Government’s reference to the Rulebook on Safety Measures at the Workplace (No. 104/20), which defines requirements that auxiliary premises in workplaces must meet, such as the temperature of and lighting in bathrooms. The Committee requests the Government to indicate the measures taken, including any legal provisions, to ensure the provision of such auxiliary premises for workplaces where workers are exposed to asbestos.

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 the Government’s indication that Article 20 would be taken into account in the drafting of a new Rulebook on Keeping Records in the Field of Safety and Health at Work. The Committee notes that the Government indicates that such amendments are still in the planning stage and that it will provide further information at a later stage. The Committee once again requests the Government to provide information on the progress made towards the adoption of a new Rulebook on Keeping Records in the Field of Safety and Health at Work, and to provide a copy of such Rulebook, once adopted. The Committee also requests the Government to provide further 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 previously noted the Government’s indication that no medical supervision was provided after termination of their employment, to workers who were exposed to asbestos. The Committee recalled 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, in the case of asbestos, require examination after the termination of employment. The Committee observes that the information provided by the Government concerning medical examination provided by employers includes situations where an employee is re-employed after being absent from work for more than a year, but does not otherwise appear to concern medical examinations after termination of employment. The Committee requests the Government to provide further information on any measures taken or envisaged to ensure that workers who are or have been exposed to asbestos are provided with medical examinations after their employment is terminated.

Article 21(5). Notification of occupational diseases caused by asbestos. The Committee notes that, in response to its previous comments on the same issue, the Government reiterates that a register of occupational diseases is not yet available in the country. The Committee notes the Government’s indication that it is currently in the process of finding the best solution to regulate this issue. The Committee requests the Government to pursue its efforts in this regard and to take the necessary measures to ensure that there is a system of notification of occupational diseases caused by asbestos, in accordance with Article 21(5). The Committee requests the Government to provide detailed information on the developments in this regard.

Article 22(1). Information and education. The Committee notes the Government’s indication that the next activities of the Directorate for Occupational Safety and Health will aim to raise awareness about the importance of applying OSH measures in case of exposure to asbestos. The Government indicates that such activities will be concretized in the action plan of the Strategy for the Improvement of Health and Safety at Work 2022–27. The Committee requests the Government to provide further information on the activities undertaken in this regard.

C. Protection in specific branches of activity

1. Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the International Labour Conference in 2024 (112th Session) concerning its abrogation. The Governing Body also requested the Office to follow-up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176.  The Committee therefore encourages the Government to follow up on the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group, and to consider ratifying the most up-to-date instruments in this subject area.

2. Safety and Health in Construction Convention, 1988 (No. 167)

The Committee takes note of the information provided by the Government in reply to its previous requests concerning Articles 5(2) (due regard to standards), 12(1) (right to removal), 15(2) (lifting appliances), 19(d) (fire or inrush of water or material), 20(3) (inspection of cofferdams and caissons), 21(2) (work in compressed air) 24(b) (demolition work), 26(1) (electrical equipment and installations), 27(b) (storage, transport, handling and use of explosives) of the Convention.

Article 8(1)(c) of the Convention. Cooperation between two or more employers simultaneously undertaking activities at one construction site. Following its previous comments, the Committee notes the Government’s indication that an investor in construction is not released from responsibility if, pursuant to section 9 of the Law on Safety and Health at Work, they appoint coordinators in the project development phase and in the construction phase. The Committee requests the Government to specify the provisions of the national legislation providing for the obligations under Article 8(1)(c) of the Convention, which requires that, whenever two or more employers undertake activities simultaneously at one construction site, each employer shall remain responsible for the application of the prescribed measures in respect of the workers placed under his authority.

Article 12(2). Immediate steps to stop the operation and evacuate where there is imminent danger. The Committee notes the Government’s indication that, pursuant to section 29 of the Law on Safety and Health at Work, the employer is obliged to enable employees, by measures and instructions, to stop the work and to be sent to a safe place, in case of serious, immediate and unavoidable danger. The Committee recalls that, pursuant to Article 12(2) of the Convention, 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. Article 12(2) does not specify that the danger must be unavoidable. The Committee requests the Government to take measures to align section 29 of the Law on Safety and Health at Work with Article 12(2) of the Convention, and to provide information in this regard.

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 the reference made by the Government, in response to the Committee’s previous comments, to the employer’s duty to inform workers and their representatives, in writing, about OSH risks and measures. The Committee notes that Article 19(e) requires that adequate precautions be taken in any excavation, shaft, earthworks, underground works or tunnel, to avoid risk to workers arising from possible underground dangers, by undertaking appropriate investigations to locate them. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that, in excavations, shafts, earthworks, underground works or tunnels, appropriate investigations to locate possible underground dangers are undertaken.

Article 20(2). Cofferdams and caissons. Means for workers to reach safety. Immediate supervision of a competent person. In the absence of additional information, the Committee once again 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.

Article 28(2)(a). Health hazards. Following its previous comments on this matter, the Committee notes the Government’s indication that, pursuant to section 15 of the Law on Safety and Health at Work, the employer is required to implement protection measures while respecting the general principles of prevention, including the replacement of dangerous circumstances with harmless or less dangerous ones. The Committee also takes due note of the Government’s reference to the application of the Rulebook on Occupational Health and Safety Measures Against Chemical Exposure Risks (Nos 81/16, 30/17, 40/18 and 77/21), requiring employers to apply and implement OSH measures, including the replacement of a chemical substance or process with less dangerous substances or processes (section 6). The Government also refers to the Rulebook on Measures for Protection and Health at Work against the Risk of Exposure to Biological Substances. The Committee requests the Government to provide a copy of the Rulebook on Measures for Protection and Health at Work against the Risk of Exposure to Biological Substances.

Article 32(3). Provision of separate sanitary and washing facilities. The Committee notes the information provided by the Government on the requirement to provide, before the start of construction works, hygienic and sanitary devices, toilets, washbasins, drinking water installations, and rooms for employees to dry wet clothes and stay in during weather disasters. However, the Committee notes an absence of information on the manner in which Article 32(3) is given effect to. The Committee once again 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.

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

Article 7 of the Convention. The Committee notes the Government’s indication that it has approved a proposal for a law on health and safety at work, which is currently before Parliament. Following the adoption of secondary legislative acts, proposals for the ratification of ILO Conventions will be assessed, in cooperation with social partners. In this respect, the Committee recalls that, in conformity with Article 7, the Convention will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018. The Committee invites the Government to provide information on any decision in this regard.

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

The Committee notes the Government’s first report on the application of this Convention which indicated that effect is given thereto, inter alia, through sections 104–105 of the Labour Law (OJ of Montenegro No. 49/08).

The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that, with respect to underground work, the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45, even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its General Survey of 2001 on night work of women in industry in relation to Conventions Nos 4, 41 and 89, “the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial” (paragraph 186).

In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45. In this respect, the Committee recalls that, according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018. The Committee requests the Government to keep the Office informed of any decision taken in this regard.