Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Montenegro (Ratification: 2017)

Legislation and/or regulation giving effect to the Convention. The Committee recalls its previous comments made in 2020 whereby it observed that the national laws and various technical regulations on occupational safety and health at the workplace were of general scope and applicable to dock work. The Committee requested the Government to provide particulars concerning safety and health measures required under several provisions of the Convention. While noting its efforts to indicate the applicable law in general, the Committee draws the Government’s attention to the need not to confine itself to providing information on the general legislative provisions applicable to enterprises. The Committee recalls that the Government is required, particularly under the terms of Articles 4 to 7 of the Convention, to take occupational safety and health measures that are specific to dock work. Therefore, the Committee encourages the Government to take measures to adopt, in consultation with the relevant social partners, laws or regulations giving effect to the safety and health measures required under the Convention which are not covered by the general legislation. In this regard, the Committee draws the Government’s attention to the ILO Code of practice on safety and health in ports (Revised 2016), which could be a useful source of information in view of any legislative or regulatory endeavour. The Committee requests the Government to provide information on any steps taken in this regard and expresses the firm hope that it will provide full particulars on the following points that were previously raised.

Article 3 of the Convention. Definitions.The Committee requests the Government to specify the legislative or regulatory provisions that define the terms “competent person”, “lifting appliances” and “loose gear” in accordance with the requirements of Article 3(b), (e) and (f) of the Convention.

Article 7(1). Consultations by the competent authority with the organizations of employers and workers concerned. While noting its referral to Section 24 of the Law on Health and Safety at Work, requiring employers, employees, their representatives, and trade unions to collaborate on health and safety rights, obligations, and responsibilities at work, the Committee requests the Government to provide information on any effect given to this obligation in dock work, including any indication on how workers’ and employers’ organizations are consulted on legislative and regulatory measures to give effect to the Convention.

Article 9(2). Marking and lighting of obstacles. The Committee requests the Government to specify any measure taken, either under the Rulebook on Health and Safety Signs which it refers to or any regulation specific to dock work, to ensure that any obstacle liable to be dangerous to the movement of a lifting appliance, vehicle or person, if it cannot be removed for practical reasons, be suitably and conspicuously marked and adequately lighted.

Article 17(1)(a), (2) and (3). Specific measures to ensure access to a ships’ hold or cargo deck.The Committee requests the Government to specify any measure taken, either under the Rulebook on Occupational Health and Safety Measures in the Working Environment which it refers to or any regulation specific to dock work, regarding the acceptable means of access to a ships’ hold or cargo deck.

Article 18(1), (2), (3), (4) and (5). Regulations concerning hatch covers. The Committee notes that the Government refers to Sections 137 to 153 of the Rulebook on Safety at Work during Loading and Unloading of Cargo. It however notes that these provisions are of general nature on the loading and unloading in vessels and do not specifically relate to the use of hatch covers or beams. The Committee requests the Government to specify the measures that govern the use of hatch covers or beams pursuant to this Article of the Convention, including the designation of an authorized person to open or close power-operated hatch covers.

Article 19(2). Closing of hatchways. The Committee notes the Government’s referral to national provisions applicable, which include Section 13 of the Law on Health and Safety at Work, Section 3, paragraph 1, indent 4 of the Rulebook on Protection Measures during the Use of Work Equipment, Point 15 of the Annex to the Rulebook on Occupational Health and Safety Measures in the Working Environment and Section 59 of the Rulebook on Measures and Norms of Safety at Work. The Committeerequests the Government to provide information on the practical application of these provisions in dock work, in particular in ensuring that any hatchway which is not protected by coamings of adequate height and strength is closed or its guard replaced when no longer in use, except during short interruptions of work.

Article 20(2) and (4). Hatch covers secured against displacement; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded. The Committee notes the Government’s referral to the Law on Health and Safety at Work as giving effect to this Article of the Convention: (i) section 18, paragraphs 2 and 3, which outlines the employer’s obligations to ensure protective measures through work organization and processes; (ii) section 28, which require employers to implement measures and designate employees to provide first aid, fire-fighting, and evacuation of personnel; and (iii) section 29 which addresses the serious, imminent and unavoidable danger protocol. Additionally, the Government refers to section 3, paragraph 1, indent 4 of the Rulebook on Protection Measures during the Use of Work Equipment, which defines a protective device. The Committee requests the Government to specify the manner in which these provisions are applied in dock work specifically, in particular that they ensure that: (i) hatch covers and beams are not removed or replaced whileworking in the hold under the hatchway; and (ii) safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded.

Article 23. Thorough examination and certification of every lifting appliance and every item of loose gear. The Committee notes the Government’s referral to section 11 of the Law on Health and Safety at Work, which requires regular inspections and testing of facilities, processes, and equipment to ensure safety and quality; and mandates employers to provide work equipment to employees only if an expert report confirms that the equipment meets safety standards. The Committee requests the Government specify the manner in which these provisions are applied in dock work, in particular whether lifting appliances and every item of loose gear used in ports operations are periodically thoroughly examined and certified, at least every 12 months, as required under this Article of the Convention. In this regard, the Committee encourages the Government to provide samples of relevant inspection reports.

Article 25. Registers of lifting appliances and loose gear. In its previous comments, the Committee requested the Government to provide an example of an expert report on the inspection and test carried out (Records on Proper Functioning Control) on lifting appliances and items of loose gears. While noting the expert report provided by the Government regarding a portable pressure vessel, its safety valves and piping networks, the Committee hopes that the Government will provide an expert report specific to lifting appliances and items of loose gear, as required under this Article of the Convention.

Article 26. Mutual recognition of arrangements for testing and certification of lifting appliances and items of loose gear on a ship.The Committee requests that the Government to specify the legislative or regulatory measures which provide for the mutual recognition of arrangements for testing and certification of lifting appliances and items of loose gear on a ship.

Article 28. Rigging plans. The Committee notes the Government’s referral to Section 49 of the Maritime Safety Law, which stipulates that a ship is deemed navigable and suitable for specific categories of navigation and purposes if it complies with the conventions, codes, protocols, and resolutions of the International Maritime Organization (IMO), including those related to the safety of cargo handling devices. The Committee requests the Government to indicate the manner in which it ensures in practice that every ship carries rigging plans and any other relevant information necessary to permit the safe rigging of its derricks and accessory gear, as required under this Article of the Convention.

Article 30. Measures necessary for the raising and lowering of loads. The Committee requests the Government to indicate any measures giving effect to this Article of the Convention.

Article 36(1)(a) and (c), and (2) Medical examinations and investigations free of charge for the worker. The Committee notes the Government’s referral to the Rulebook on the Type, Manner, Scope and Deadlines for Performing Medical Examinations of Workers at Workplaces with Special Working Conditions or with Increased Risk, which provides for initial medical examinations, periodical medical examinations, and the intervals at which they are to be carried. The Committee requests the Government to indicate any legislative or regulatory measures which ensure that all medical examinations and investigations carried out in pursuance of Article 36(1) shall be free of cost to the dockworkers.

Application of the Convention in practice. The Committee notes the indication that, according to data from the Inspection Affairs Administration, in 2023, seven dockworkers suffered unspecified injuries followed by three or more days of sick leave. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, in particular: (i) information on the number of dockworkers covered by the legislation on occupational safety and health; (ii) statistics of the inspection services on the number and nature of the contraventions reported and the resulting actions taken; and (iii) the number of occupational accidents and diseases reported in dock work. Furthermore, the Committee is informed by information available to the public of the existence of the Administration for Maritime Safety and Port Management, which is responsible for, inter alia, ports management and inspection tasks. The Committee encourages the Government to provide any information of this Administration relevant to the application of the Convention.