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

Montenegro

Occupational Safety and Health Convention, 1981 (No. 155) (Ratification: 2006)
Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (Ratification: 2015)

The Committee notes that the Government’s reports have not been received. It hopes that the next reports will contain full information on the matters raised in its previous comments.

Repetition

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 155 (OSH) 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.

General provisions

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.

In addition, the Committee recalls the pending comments regarding the technical OSH Conventions ratified (the White Lead (Painting) Convention, 1921 (No. 13), the Underground Work (Women) Convention, 1935 (No. 45), the Guarding of Machinery Convention, 1963 (No. 119), the Occupational Cancer Convention, 1974 (No. 139), the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), the Occupational Health Services Convention, 1985 (No. 161), the Asbestos Convention, 1986 (No. 162), the Safety and Health in Construction Convention, 1988 (No. 167)), adopted by the Committee in 2021, for which the Government will be requested to reply in 2027 in accordance with the reporting cycle.