Benzene Convention, 1971 (No. 136) - Montenegro (Ratification: 2006)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Article 2 of the Convention. The substitution of benzene with less harmful products. The Committee notes that the information in the Government’s report refers to certain restrictions on the use of benzene and products containing benzene, but does not relate to the use of substitute products. The Committee once again requests the Government to provide information on measures taken to ensure that whenever harmless or less harmful substitute products are available, they shall be used instead of benzene or products containing benzene.

Articles 5, 7, 8 and 12. Measures to ensure the effective protection of workers exposed to benzene or products containing benzene. The Committee notes the Government’s statement that it has approved a proposal for a law on health and safety at work, currently before Parliament. The Government indicates that subsequently a new Rulebook on workers exposed to chemical substances will be adopted which will be in full compliance with the Convention, and will regulate issues related to Articles 5, 7, 8 and 12 of the Convention. The Committee accordingly requests the Government to communicate the provisions of the Rulebook on workers exposed to chemical substances which give effect to Articles 5, 7, 8 and 12, once the Rulebook is adopted, if possible in one of the working languages of the ILO.

Article 6. Safety measures in premises where workers are exposed to benzene. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate measures taken to ensure that in premises where benzene or products containing benzene are manufactured, handled or used, all necessary measures are taken to prevent the escape of benzene vapour. It also requests the Government to provide information on how it ensures, in practice, that the prescribed maximum limits to benzene are not exceeded, including information on whether the competent authority has issued directions on how to carry out measurements of the concentration of benzene within the workplace.

Application of the Convention in practice. Noting the absence of information in the Government’s report on the application of the Convention in practice, the Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, including extracts from labour inspection reports, the number of establishments in the country where workers are exposed to benzene or products containing benzene and the number of such workers.

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

Article 1. Definitions. The Committee notes the information provided by the Government indicating the legislation which applies the provisions of the Convention. The Committee asks the Government to provide further information on the definitions in law of benzene and of products containing benzene.

Article 2. The substitution of benzene with less harmful products. The Committee notes the reference by the Government to section 6 of the Law on Safety at Work, which requires employers to undertake appropriate preventive measures against all harmful and dangerous substances and agents. The Committee asks the Government to provide further information on measures undertaken to ensure that whenever harmless or less harmful substitute products are available, they shall be used instead of benzene or products containing benzene.

Article 4. Prohibition of benzene in certain work processes. The Committee notes the Government’s statement that the utilization of benzene and products containing benzene is not strictly prohibited. The Committee requests the Government to undertake measures, in law and in practice, to give full effect to this Article.

Article 6. Safety measures in premises where workers are exposed to benzene. The Committee notes the information referring to national legislation, which ensures that concentrations of benzene in premises of work do not exceed maximum prescribed concentrations. The Committee asks the Government to indicate measures to ensure that: in premises where benzene or products containing benzene are manufactured, handled or used, all necessary measures shall be taken to prevent the escape of benzene vapour; to provide further information on the measures to ensure that employers do not exceed the concentration of benzene; and to indicate whether the competent authority has issued directions on carrying out measurements of the concentration of benzene.

Article 10. Medical examinations by a qualified physician. The Committee notes the information indicating that the provisions of this Article are implemented by the Rulebook on the manner and procedure for preliminary and periodical specialist medical examinations of workers. The Committee asks the Government to provide further information on the specific measures in place that ensure that medical examinations are carried out under the responsibility of a qualified physician, and are certified in an appropriate manner.

Articles 5, 7, 8 and 12. The Committee also 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 benzene in these Articles. The Committee asks the Government to provide further information on the measures undertaken, 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 asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, with particular reference to the employment of women at jobs that may have harmful effects on their health and the health of their child (Article 11(1)), and to attach 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, and the number, nature and cause of accidents reported.