Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee notes the first report of the Government on the application of the Convention. At the outset, the Committee observes that the Government refers to national laws and various technical regulations regarding occupational safety and health, which are of general application and are not specific to dock work. Noting that the information provided in the Government’s report is insufficient as it does not enable the Committee to fully assess the effect given to a number of provisions of the Convention, the Committee requests the Government to provide additional information on the application of the following articles :

Article 3 of the Convention. Definitions. The Committee requests the Government to provide information on 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 4(3). Technical standards and codes of practice. The Committee requests the Government to indicate whether any technical standard or Code of practice governs the practical implementation of the requirements prescribed in pursuance to paragraph 1 of this Article; and to provide a copy of the Rulebook on Occupational Safety and Health at "Luka Bar" AD, No. 3100 of 27 July 2015. Additionally, the Committee requests the Government to specify the manner in which the requirements are implemented in the work of loading or unloading of fishing boats which are excluded from the scope of the Rulebook on Safety Requirements in the Workplace (Official Gazette No.40/15).

Article 7(1). Consultations by the competent authority with the organizations of employers and workers concerned. The Committee requests the Government to specify how workers’ and employers’ organizations are consulted on legislative and regulatory measures to give effect to the Convention.

Article 13(7). Definition of machinery. The Committee requests the Government to provide information on measures that ensure that the term “machinery” includes any lifting appliance, mechanized hatch cover or power-driven equipment.

Article 17 (1)(a), (2) and (3). Specific measures to ensure access to a ship's hold or cargo deck. The Committee notes that the Government refers to Section 137 of the Rulebook on Safety at Work during Loading and Unloading of Cargo which stipulates that the loading and unloading of cargo into a vessel may only be initiated after the vessel has been properly moored to the shore, and after the main stairways have been correctly installed and secured for the arrival and descent of workers from the vessel. The Committee requests the Government to provide additional information on the manner in which the competent authority determines the acceptability of means of access to a ship's hold or cargo deck.

Article 18(1), (2), (3), (4) and (5). Regulations concerning hatch covers. The Committee notes that the Government refers to the Rulebook on Protection Measures during the Use of Work Equipment which provides that the use of work equipment shall include all activities related to starting or stopping the use of work equipment, for example, its handling, transportation, repair, changes that do not change the purpose, maintenance, servicing and specific cleaning. The Committee observes however that the Rulebook is of a general scope. Consequently, the Committee requests the Government to specify measures that govern the use of hatch covers or beams pursuant to this Article of the Convention.

Article 19(2). Closing of hatchways. The Committee requests the Government to indicate whether the legislative or regulatory framework provides for the height and strength of coaming, failing which the hatchway should be closed or its guard replaced when not 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 requests the Government to indicate the legislative or regulatory measures which ensure the application of Article 20(2) and (4).

Article 23. Thorough examination and certification of every lifting appliance and every item of loose gear. The Committee requests the Government to indicate the legislative or regulatory measures which ensure that lifting appliances and every item of loose gear are periodically thoroughly examined and certified, at least every 12 months.

Article 25(1), (2) and (3). Registers of lifting appliances and loose gear. The Committee notes that pursuant to section 38 of the Rulebook on the Procedure and Deadlines for Conducting Periodic Examinations and Testing of Work Equipment, Equipment of Personal Protection at Work and Working Environment Conditions, the legal entity or natural person who has conducted the inspection and tests shall draw up an expert finding or a report on the inspection and test carried out, with the expert’s conclusion on whether the prescribed occupational safety measures have been provided. Furthermore, the Committee notes that section 50(7) of the Law on Health and Safety at Work states that the employer is required to keep and maintain detailed records of examination and testing of work equipment and personal protective equipment; and section 137 of the Rulebook on Safety at Work during Loading and Unloading of Cargo states that if the loading and unloading of cargo from vessels is carried out with cranes or devices installed on the vessel, the loading and unloading of cargo must not be commenced until it is established that devices of the vessel for cargo handling are correct and that they have the appropriate document issued by deadlines prescribed by special regulations. While acknowledging that these provisions may give effect to the Convention, the Committee requests the Government to provide examples of an expert finding regarding work equipment (Records on Proper Functioning Control), if possible with the relevant parts translated into one of the working languages of the Office.

Article 26(1), (2) and (3). Mutual recognition of arrangements for testing and certification of lifting appliances and items of loose gear on a ship. The Committee requests 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 36 (1)(a) and (c), and (2). The Committee notes the Government’s reference to the Rulebook on the Manner and Procedure for Performing Previous and Periodical Specialist Medical Examinations of Workers (Official Gazette of SRoM, No. 25/80, 1/81) and to section 19 of the Law on Safety and Health at Work. The Committee requests the Government to provide a copy of the Rulebook on the Manner and Procedure for Performing Previous and Periodical Specialist Medical Examinations of Workers, and to specify the risks inherent to dock work for which an initial or periodical medical examination is carried out. It also requests the Government to indicate the maximum intervals at which periodical medical examinations and special investigations are to be carried out. Furthermore, 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.

Article 38(2). Minimum age limit for workers operating lifting appliances. The Committee requests the Government to indicate whether the legislative or regulatory measures ensure that only workers of at least 18 years of age with the necessary aptitudes and experience, or a trainee who is properly supervised, can operate a lifting appliance or any other cargo-handling appliances.

Additionally, in the absence of information, the Committee requests the Government to specify any measures giving effect to the following provisions of the Convention:

– Article 9(2). Marking and lighting of obstacles;

– Article 10(2). Manner of stocking goods or material;

– Article 27(2) and (3). Marking lifting appliances with safe working loads;

– Article 28. Rigging plans;

– Article 29. Strength and construction of pallets for supporting loads;

– Article 30. Measures necessary for the raising and lowering of loads.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that 155 controls were carried out by the Labour Inspectorate in the activity of traffic and storage in 2018 and that one injury was reported in the port transport activity. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, including information on the number of dockworkers covered by the legislation on occupational safety and health, statistics of the inspection services on the number and nature of the contraventions reported and the resulting actions taken, and the number of occupational accidents and diseases reported in dock work.