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

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Montenegro (Ratification: 2006)

Article 3 of the Convention. Definitions. Noting the Government’s indication that the Law on noise protection and the Law on air protection do not apply to the workplace, the Committee requests the Government to indicate the specific provisions defining the terms “air pollution”, “vibration” and “noise” in the context of the workplace.

Article 4(1) and (2). Measures for prevention, control of, and protection against occupational hazards due to air pollution, noise and vibration. Article 8. Establishment of criteria for determining hazards of exposure to air pollution, noise and vibration and fixing of exposure limits. The Committee notes that, in reply to the Committee’s previous comment, the Government indicates that it is in the process of harmonizing its legislation with EU legislation and that a draft law on safety and health at work is currently being discussed by the Parliament. It adds that the bill provides for the elaboration of a Rulebook on occupational safety and health in relation to risks of exposure to noise. This Rulebook will contain provisions on preventive measures with a view to eliminating or reducing risks of injuries or damages to the health of workers due to noise exposure, in conformity with Article 4 of the Convention, and will define exposure limits, as prescribed by Article 8 of the Convention. In this connection, the Committee wishes to recall that Articles 4 and 8 cover not only hazards due to noise but also to air pollution and vibration. The Committee requests the Government to provide information on any development towards the adoption of the Law on safety and health at work and on the abovementioned Rulebook and to supply a copy of these texts once they have been adopted. The Committee also requests the Government to provide information on any specific measures taken as regards air pollution and vibration, in conformity with the requirements of Articles 4 and 8 of the Convention.

Articles 5(4) and 7(2). Right of representatives of employers and of workers to accompany inspectors. Right of workers or their representatives to appeal to appropriate bodies. The Committee notes that, in reply to the Committee’s previous comment concerning the application of Article 7(2) of the Convention, the Government indicates that section 29 of the Law on safety at work provides that workers may request the intervention of labour inspection for immediate action where the employer fails to remove safety and health risks or hazards reported by the workers within three days from notification. While noting the information provided by the Government on the right of workers to raise their concerns regarding safety and health issues at the workplace to labour inspectors during their visits, established by section 24 of the abovementioned Law, the Committee notes that this section does not give fully effect to Article 5(4) of the Convention. The Committee therefore requests the Government to indicate how it is ensured, in law and in practice, that representatives of the employer and representatives of the 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. The Committee notes the Government’s indication on the obligation of the employer to reassign to another position workers medically unfit for a specific job. The Government also indicates that, if the worker cannot be reassigned, the employer is obliged to provide the worker with other rights in accordance with the Labour Law and the collective agreement. The Committee recalls that, under paragraph 3, efforts shall be made to maintain the income of such a worker through social security measures or otherwise, and under paragraph 4 the right of workers under social security or social insurance legislation shall not be adversely affected. The Committee requests the Government to provide further information on measures taken to give full effect to the requirements of these provisions of the Convention.

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards. The Committee notes that the Government’s reply on this point essentially repeats the information provided in its previous report. However, the Committee takes note of the Rulebook, adopted in 2014 and annexed to the Government’s report, which sets out standards for noise emission for equipment or machines put on the market. In this regard, it notes that this Rulebook only applies to equipment or machines used outdoors (section 2), which would therefore exclude a majority of workplaces. The Committee therefore reiterates its request for information on any measures providing that employers using processes, substances, machinery and equipment involving exposure of workers to occupational hazards due to air pollution, noise or vibration, to be specified by the competent authority, shall notify them to the competent authority and that this authority may, as appropriate, authorize their use on prescribed conditions or prohibit it.

Application of the Convention in practice. The Committee takes note of the annexes to the Government’s report. It also notes that according to the Government’s report, there are approximately 22,000 registered employers covered by the Regulation on safety and health at work. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including information on inspection visits conducted (the number and nature of the contraventions reported) and on the number, nature and cause of diseases reported.