Asbestos Convention, 1986 (No. 162) - 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 2019, published 109th ILC session (2021)

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.

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

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.]

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

Article 1. Exclusion of particular branches of economic activity. The Committee notes the information indicating that the Law on Safety at Work ensures the application of the Convention to all branches of economic activity, unless special legislation provides otherwise. The Committee asks the Government to indicate whether there is any special legislation enacted which excludes branches of economic activity.

Article 2. Definitions. The Committee notes the information provided by the Government indicating that the definitions under Article 2 are not included in national legislation. The Committee asks the Government to undertake measures to include, in law and in practice, definitions of the terms in Article 2 of the Convention.

Articles 3 and 4. Laws and regulations prescribing measures for the prevention, control of, and protection of workers against health hazards due to occupational exposure to asbestos. The Committee notes the Government’s indication that legislation will be developed to give full effect to these provisions of the Convention. The Committee asks the Government to provide further information on the development of relevant laws and regulations, and to indicate consultation with representative organizations of employers and workers in the development of these laws, as required by Article 4 of the Convention.

Article 6, paragraph 3. Procedures for dealing with emergency situations. The Committee notes the information indicating that section 22 of the Law on Safety at Work requires an employer to inform employees of first-aid measures in case of injuries at work, protection from fires, and procedures for evacuation of employees in the case of emergencies. The Committee asks the Government to provide further information on the specific procedures required for dealing with emergency situations with regards to asbestos.

Articles 11, 12 and 13. Prohibitions against the use of asbestos, and notification of certain types of work involving exposure to asbestos. The Committee notes the information provided by the Government indicating that there is no provision allowing derogations to the rule on prohibiting the use of crocidolite. The Committee asks the Government to confirm that the use of crocidolite and products containing this fibre are prohibited; to undertake measures, in law and in practice, to ensure that the spraying of all forms of asbestos is prohibited; and to indicate whether employers are required to notify, to the competent authority, certain types of work involving exposure to asbestos.

Article 15, paragraphs 1–3. Limits for the exposure of workers to asbestos. The Committee notes the information provided by the Government indicating the limits for exposure to asbestos, as required under the Yugoslav Standard SRPS Z.B0.001 (1991). The Committee asks the Government to provide information on the measures for the periodical review and update of exposure limits in light of technological progress; and to indicate measures ensuring that in all workplaces where workers are exposed to asbestos, employers take all appropriate measures to prevent, or control, the release of asbestos dust in the air, and that employers comply with the prescribed exposure limits.

Article 20, paragraphs 2–4. Keeping of records on the monitoring of the working environment, and of the exposure of workers; and providing workers, and their representatives, access to these records, and the right to request such monitoring. The Committee notes the information indicating that under section 40 of the Law on Safety at Work, the employer is required to keep relevant records on conducted examinations, and that workers, and their representatives, shall have the right to view such records. The Committee asks the Government to indicate the period for which such records should be kept and measures allowing workers, or their representatives, the right to request such monitoring, and to appeal concerning the results.

Article 21. Medical examinations after termination of employment; and maintenance of income for workers whose health is at risk. The Committee notes the information provided by the Government indicating the requirement of initial and periodic medical examinations for workers exposed to asbestos. The Committee asks the Government to provide further information on whether workers receive individual advice concerning their health in relation to their work; to indicate whether workers are required to undergo medical examinations after the termination of their employment in work exposing them to asbestos; and to indicate measures undertaken to maintain the income of workers who have been medically advised against continued assignment to work involving exposure to asbestos. The Committee also asks the Government to undertake measures, in law and in practice, to develop a system of notification of occupational disease caused by asbestos.

Articles 9, paragraph b, 10, 14, 16, 17, 18, 19 and 22, paragraphs 1 and 2. The Committee notes that the information available in the Government’s reports regarding the effect given to the abovementioned Articles of the Convention included information on general measures related to occupational safety and health and did not include information on measures taken to regulate the subject matter specifically concerning asbestos in these Articles. The Committee asks the Government to provide further information on the measures taken, in law and in practice, to ensure full effect is given to the abovementioned Articles.

Part V of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country attaching 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, the number of occupational diseases reported as being caused by asbestos, etc.