Podgorica, februar 2007. godine

Author: Zlatko Popovic (Popovitch) ,Graduate Mechanical

Engineer, OSH Inspector of the Republic of Montenegro,

GSM: + 381 67 597 000

email: zlatkopuznr@cg.yu

web site: www.zlatkopopovic.users.cg.yu

SAFETY AND HEALTH

PROTECTION PROFILE

IN MONTENEGRO

Podgorica, February 2007.

1. THE LEGAL FRAMEWORK AND POLICY

The OSH Law of the Republic of Montenegro (Official Gazette of the Republic of

Montenegro no 79|04) is based on the Provisions of the Constitution of the Republic of

Montenegro.

The Law provides for:

a) the rights and duties of the employers,

b) the rights and duties of the employed,

c) a compulsory uniform approach to OSH which should be implemented by all

employers in state owned, socially owned and privately owned enterprises and

enterprises in mixed ownership, banks and other financial organizations, insurance

companies, cooperatives and other economic organizations, institutions and other public

services organizations and all other employers employing labor on any ground.

Moreover, in order to provide for an efficient implementation of this Law and

better define some issues the law maker has adopted a number of :

- by laws ( rules of procedure, instructions, etc) and

- collective agreements (general, for each branch and individual).

By laws may refer to organizational and technical matters and are adopted by

relevant administrative bodies.

By laws dealing with organizational matters are:

-The rules of procedure on the methodology, ways and procedure of risk

assessment at the place of work and measures to be taken for eliminating or

reducing risk to the lowest possible extent;

- The rules of procedure on the frequency of previous and periodical medical

check ups of the employed working at the places of high risk,

- The rules of procedure on the frequency of periodical inspection of the means

of work , equipment and personal protection means and conditions in the working

environment;

- The rules of procedure to be observed by the legal entity or a physical person

responsible for implementation of professional OSH;

- The procedure for determining whether these conditions have been met;

- The rules of procedure for the professional exam for persons responsible for

OSH;

- The rules of procedure on keeping files on OSH;

- The rules of procedure on the Register of organizations licensed for OSH;

- The rules of procedure on OSH measures to be provided for in the employment

contract;

- The rules of procedure on the frequency of periodical check ups and

inspection of the means of work, equipment and personal protection means

and the conditions prevailing in the working environment, and

- The rules of procedure on the kind of buildings, their contents and the way

in which they should be designed, as provided for by Article 7 of the OSH

Law.

Technical by laws include the rules of procedure adopted by relevant

administrative bodies for lower level criteria in given activities , such as: OSH in black

metallurgy, OSH in non ferrous industry, OSH in the railway, OSH in printing industry,

OSH against the danger of electricity in working premises and construction sites, OSH in

forestry, etc.

Collective agreements ( general, for each branch and individual) on a tripartite

basis also envisage some specific aspects of OSH.

On the ground of Constitutional provisions, the OSH Law , by laws and

collective agreements , and in line with their technical and technological process the

employers determine the OSH rules to be observed in their companies in view of

securing best working conditions. According to the Law of the Republic of Montenegro

the employer is responsible for OSH conditions in his company ( enterprise) regardless

of the kind of measures he implements out of those prescribed by law.

The OSH law applies to all employed on the territory of Montenegro working

for local and foreign legal entities and physical persons , state bodies , local

communities, the employed sent to work abroad if OSH conditions in the host country

are bellow the standards envisaged by this Law, and all other persons participating in the

process of work, or are present in that process in the working environment, if this aspect

is not covered by a different Law.

OSH labor inspection does not carry out inspection ( theoretically yes, but

practically no) in mining .According to Article 97 of the Law on Mining (Official Gazette

of the Republic of Montenegro, no. 28 | 93 and 27 | 94) inspection in mines is carried

out by mining inspectors, according to special OSH regulations for mining.

Special OSH measures are envisaged for young workers, women and handicapped

workers.

THE

CONSTITUTION

THE OSH LAW

COLLECTIVE

AGREEMENTS IV

BY LAWS

III

GENERAL ACT ISSUED BY

THE EMPLOYER

V

1.1. OSH in the Constitution

The Constitution of the Republic of Montenegro provides a basis for OSH. Namely,

the Constitutions guarantees the right to work, a free choice of profession and freedom of

employment , the right to just and human working conditions and protection in case of

unemployment. Forced labor is prohibited. All employed are entitled to adequate

remuneration. The working hours of the employed are limited. ALL EMPLOYED ARE

ENTITLED TO OSH. YOUNG WORKERS, WOMEN AND HANDICAPPED

WORKERS ENJOY SPECIAL OSH ( Articles 52 and 53 of the Constitution)

1.2. The OSH Law

The OSH Law of the Republic of Montenegro was enacted in December 2004 and

published in the Official Gazette of the Republic of Montenegro, no. 79|04.

The OSH Law provides for:

~ Designing, building of the new and reconstruction of existing facilities, utilization

and maintenance of technological processes in adjacent buildings and on auxiliary

equipment according to OSH standards, which should be strictly respected and

implemented. All chemical, physical and biological negative effects , the microclimate

and lighting at the place of work and in the working and auxiliary space should be

brought in line with the measures and standards prescribed for such activities and such

working space.

~ In case the employer change the technological process and the means of work he (

the employer) is duty bound to, before starting the new process, align the building and

installations with the standards required by the new technological process.

~ The purpose of preliminary and periodical inspections of the building, of the

technological process and the means of work is to secure a high quality of the performed

work during each of its stages and according to the rules.

~ Preliminary and periodical medical check ups and other measures aimed at

securing good hygienic and health conditions in the working environment are conducted

in view of eliminating, or reducing to an

acceptable level, the causes of diseases and health damage connected with work. Special

attention should be paid to hygiene and sanitary and other facilities.

~ The inspector in charge of technical inspection of a new, reconstructed or

refurbished building is duty bound to establish whether all OSH measures envisaged in

the technical documentation and the conditions of work envisaged for that particular

process have been met.

~ According to this Law the employer is duty bound to specify, in a general act

or the contract on employment (depending on whether he has more or less than 20

employed) all OSH measures and the way they are to be implemented , and particularly

specify the rights and responsibilities of all employed in carrying out professional

activities connected with OSH , including medical check ups of the workers at places

with increased risk and medical check ups of all other employed, professional training

of the employed for OSH, testing of their professional competence in this regard and

checking how they use means and personal safety equipment and other matters of

importance for OSH.

~ The employer is duty bound to adopt the Risk Assessment Act for all places of

work and envisage the ways and means to eliminate risk factors ( whenever a new threat

emerges bringing about changes in the risk level in the working process the employer is

duty bound to amend his Risk Assessment Act.

~ The employer is duty bound to secure easy access to risky places of work in a

working environment where the employed may be easily injured or in which his health

may be seriously damaged (electrical shock, poisoning, suffocating, etc.) only to persons

trained for OSH, who work under tight instructions for such circumstances and who are

equipped with appropriate means and equipment for personal safety at work.

~ The employer is duty bound to warn every individual present in the working

environment, in his vicinity or in the construction site, about dangerous spots or

detrimental effects to health as a result of the technological process and also make him

aware of OSH measures he (the employed) has to implement and suggest him to move

to the safe zones.

~ When purchasing the equipment for a mechanical plant and personal safety

equipment and means the employer is duty bound to set conditions the producer of the

equipment has to meet, which are in line with OSH standards for these specific means

and equipment for personal protection.

~ The employer is duty bound to secure medical check ups for his employed,

and particularly the employed working at places with high risk, even in the case of re-

employment of the same worker after his absence from work for over one year.

~ The employer must not assign the employed to work at a place with special

requirements if, in addition to general conditions, he or she does not meet special

requirements of that particular working place, regarding sex, age, level of education ,

professional skills, health and psychological fitness. These requirements must be subject

to previous verification . Moreover, the employed working at a place with special

requirements must immediately inform the employer if he, or she, no longer feel

capable for that job. Also, the employed must accept to undergo a medical check up at

every request of the employer.

~ When two or more employers work on the same construction or work site

before starting their joint work the employers must sign a contract on OSH and mutual

rights and responsibilities in this regard ( A copy of this contract must be submitted to

the Labor Inspection not later than five days before the beginning of works). This means

that each employer has to organize work so that the employed with one of them do not

jeopardize health and safety of the employed with the other employer(s).

~ The employer is duty bound to inform the employed, or his representatives ,

about all questions regarding OSH.

~ The employer should make available to the employed all necessary means of

work, personal safety means and equipment and protection against dangerous materials,

if he has the relevant documentation in the official language of Montenegro. Relevant

documentation provided by the producer, or provider, should contain all safety and

technological data relevant for risk assessment of the working places in order to enable

the employer to secure all OSH measures envisaged in the documentation. On his part,

the employed is duty bound to implement all OSH measures prescribed in the description

of their purpose which are in line with general OSH measures.

~ The employer is duty bound to consult the employed , or their representatives

and the representatives of the trade unions about all questions regarding OSH and

encourage them to take part in the discussions on these questions.

~ The employer is duty bound to organize first aid, fire control measures and

evacuation and rescuing of the employed, depending of the nature of the place of work,

the nature of activities carried out and the number of workers and other persons present

in the working environment.

~ The employer is duty bound to insure his workers against injuries at work,

professional diseases and diseases incurred by work.

~ Before starting work the employed has the right and responsibility to acquaint

himself with OSH measures envisaged for his place of work and train himself for their

proper implementation.

- It is the right and responsibility of the employed to give suggestions, make remarks

to the employer and ask explanation regarding questions connected with OSH.

- The employed has the right to refuse to work if he has not been previously informed

about the dangers, negative effects and risks connected with his place of work, if

the employer has not secured a medical check up for him, according to regulations,

if he feels a direct threat to life or health due to non-implementation of the

prescribed OSH measures at his place of work, until full implementation of these

measures be secured, or if the means of work are not in line with OSH standards and

as such represent a direct threat to his health and safety at work.

- During work the employed is duty bound to implemented the prescribed OSH

measures , use correctly all personal safety means and equipment for work,

cooperate with the employer and OSH specialist so as to secure full implementation

of OSH measures prescribed for his place of work, to the best of his abilities, and

immediately inform the employer, orally, in writing or though his representatives ,

about all problems, deficiencies , detrimental effects, threats, possible danger, etc.,

which at the place of work could jeopardize his individual safety and health, or

safety and health of other employed.

- The employed must not start work if drunk or under the effect of any kind of drug.

- The Workers’ Council (Council of the Employed), or its authorized representative,

is entitled to give his opinion on OSH, relevant for the employed, demand

implementation of prescribed OSH measures in case they are not in place , request

inspection in case of evident absence of the prescribed OSH measures which should

have been secured by the employer, be present during inspection, get acquainted with

the records kept and reports submitted, as provided for under the present Law, and

in case of injury at work with a lethal, or very serious outcome demand the

employer to make available the Report on such injuries.

- According to this Law in the collective agreement the employer should also

specify the way in which information on OSH are disseminated among workers,

provide for collective insurance and determine the procedure for establishing the

causes of injuries at work.

- The employer should organize and secure implementation of all professional

activities connected with OSH with regard to the organization, nature and volume of

the working process, the number of employed involved in the working process, the

number of shifts, risk assessment and the number of detached units, by establishing

a professional OSH unit , appointing one employed responsible for OSH, or

entrusting this job to a legal entity or physical person licensed for this job.

- The technical service or a technical person in charge of OSH has the following

tasks:

1. To advise the employer in planning , selection and maintenance of the

means of work and means and equipment for personal protection ;

2. Advise the employer in installing and equipping the place of work, in

view of the conditions in the working environment ;

3. Participate in the elaboration of the Risk Assessment Act;

4. Conduct preliminary and periodical research on the conditions

surrounding the place of work ( chemical, physical and biological

harmful effects, microclimate and lighting);

5. Organize periodical check ups and inspection of the means of work,

electrical and other installations;

6. Suggest measures aimed at improving the working conditions,

particularly at high risk places;

7. Monitor all activities organized by the employer to establish whether the

appropriate OSH measures are implemented and whether personal safety

equipment and means of work are in good shape;

8. Provide instructions for safety at work and monitor their implementation;

9. Monitor the conditions regarding injuries at work, professional diseases

and diseases incurred by work, participate in identifying their causes and

drafting the reports which suggest the measures to be taken by the

employer;

10. Prepare and train the employed for safe work;

11. Suggest to discontinue work at a given place of work or prohibit use of

given means of work in case life, or health of the employed is directly

threatened and immediately informs of that the employer and the

representative of the employed;

12. Directly cooperate and coordinate work with the relevant health

institution and its physicians regarding all OSH questions;

13. Keep files on OSH, and

14. Carry out other activities assigned by the employer.

~ The legal entity, or physical person that meets the professional requirements

for the job and organizational, technical and other conditions set by the Ministry of

Health, Labor and Social Care of the Republic of Montenegro (the license is issued for

a three year period) as a professional service, or individual, also has the following tasks;

1. To prepare the Risk Assessment Act with the proposal as to how to eliminate

the existing risk (risks);

2. Organize periodical check ups and inspection of equipment and means of

work, electrical and other installations and personal safety equipment at

work, and

3. Monitor the conditions in the working environment (chemical, physical and

biological detrimental matters, lighting and microclimate).

- Not later than one month upon receipt of the employer’s request the legal entity,

or a physical person in charge of OSH, should submit to him the report on performed

inspection and its result and in the conclusion specify whether the prescribed OSH

measures are in place.

- The Ministry of Health, Labor and Social Care of the Republic of Montenegro

authorizes the competent health institution, or physicians, specialists in occupational

medicine, meeting all professional, technical and other conditions to perform this task

according to the Law ( including preliminary and periodical medical check ups of the

employed , participation in risk assessment, providing council to the employer and the

employed, securing health care for the employed suffering from occupational diseases,

establishing and analyzing the cause of professional diseases, etc.)

~ The employer is duty bound to keep the regular standard files on:

1. All places of work , particularly those with increased risk;

2. All employed per working place, and particularly those working at places

with increased risk;

3. All injuries at work and professional diseases and diseases incurred by

work;

4. All employed trained for safe work;

5. All dangerous matters used during work;

6. The results of the inspection of the working environment;

7. The reports on regular check ups and inspection of the equipment for

work, means of work and personal OSH equipment;

8. All reports on OSH conditions surrounding the employed at work and the

measures implemented in this regard;

9. All previous and periodical medical check ups;

10. Technical documentation (main blue prints);

11. Documentation on OSH ( attests , professional reports and records ,

instructions for use and maintenance of the means of work , etc.)

- The employer should submit to the Labor Inspection immediately, and not

later than 24 hours upon the accident, a written report on a lethal injury at work,

collective injuries at work and serious injuries at work, as well as about all phenomena

that could jeopardize health or safety of the employed .

~ The Labor Law devotes a special chapter to the protection of the employed ,

articles 72-90, which read:

- The employed is entitled to protection at work, in line with the Law and the

Collective Agreement;

- The employed cannot be assigned to a place of work, nor asked to work

longer (that the regular) working hours, or in the night shift, if the body

competent for assessing his working abilities conclude that this work could

have a negative effect on his health ;

- At the place of work with higher risk which may cause invalidity,

occupational and other diseases can be assigned only a person who, in

addition to meeting the professional requirements for that particular kind of

job is in good health, psychologically and physically fit for that place of

work and in the right age group.

- Employed women, employed young workers under the age of 18 and

employed handicapped persons are entitled to special protection, according

to the Law;

- Employed women, employed young workers and employed handicapped

persons cannot be assigned to the places requiring increased physical effort,

nor assigned to work under the ground under water, or at any other place

which, due to increased risk, would additionally jeopardize their health;

- Women employed in industry or building industry cannot be assigned to

work night shifts, without previously guaranteed a rest of at least 12 hours

between shifts. ( This does not refer to women on leading positions, or

working in health, social and other similar services).

- Exceptionally, women can be assigned to work nigh shifts in industry, or

building industry when work has to be continued after interruption due to a

natural disaster, in order to prevent damage to raw materials and other goods;

- Young workers under 18 cannot be requested to work longer than regular

working hours, nor work the nigh shift;

- In the collective agreement the employer may provide for shorter working

hours for workers under 18 . (Exceptionally, workers under 18 may be

assigned to work night shifts when work interrupted due to a natural disaster

must be resumed in order to prevent damage to raw materials and other

goods;

- In the case of employed handicapped persons and the employed risking

invalidity, as provided for by special regulations, the employer has to assign

them to another place of work and guarantee him all other rights, in line with

the OSH Law and the collective agreement;

- The employer must not refuse to sign an employment contract with an

expecting mother, nor may he terminate the contract due to pregnancy, or

maternity leave;

- The employer must not terminate the contract with an employed mother

working half working time as part of her maternity leave she is entitled to for

taking care of the baby with problems in development, as a single parent of a

child under the age of 7, or as a parent of the handicapped child, nor may the

employer terminate the contract with the worker using some of the above

mentioned rights, or declare him, or her, redundant worker due to

technological, economic or other changes, reconstruction, etc, as provided for

by this Law;

- On the ground of the diagnosis and recommendation of the physician in

charge during pregnancy and nursing of the baby, the mother may be

temporarily transferred to a different place of work, if it is in the interest of

her health and the health of her baby;

- In case the employer is not in a position to transfer the pregnant women or

nursing mother to an appropriate place of work she is entitled to a sick leave

and remuneration in line with the provisions of the collective agreement. The

remuneration cannot be lower that her regular salary at her regular place of

work;

- The employed women during pregnancy and the employed mother of a child

under 3 years of age must not work longer than regular working hours, nor

the night shift ( except she accepts the assignment and signs it in writing);

- One of the parents of a child with serious health problems and single parents

of children under the age of 7 may work longer than regular working hour, or

work night shift only on the ground of a written agreement ;

- During pregnancy, child birth and care for the baby the employed mother is

entitled to a maternity leave of 365 days starting from the first day of leave;

- On the ground of the medical report the employed expecting mother may start

her maternity leave 45, but not less than 28 days before her term;

- The employed mother may resume work even before the end of her

maternity leave, but not sooner than 45 days upon childbirth. If the employed

mother start work during the maternity leave, in addition to the regular break

,she is entitled to additional 60 minutes of absence for nursing. In this case

she no longer has the right to go on maternity leave.

- During maternity leave the employed mother is entitled to remuneration

according to the law.

- In case of a still born baby, or if the baby dies before the end of the

maternity leave the bereaved mother is entitled to an extended maternity

leave for the period the physician decides she needs to recover from child

birth and psychologically overcome the bereavement. The maternity leave

should be extended for at last 45 more days. During that time the bereaved

mother is entitled to all rights guaranteed for maternity leave;

- On the expiration of the maternity leave one of the employed parents is

entitled to work half the working time till the child completes 3 years of age,

in case the child needs intensive care.

- A foster parent or custodian entrusted to take care of the child is also entitled

to work half the working time ;

- The foster parent ,or custodian assigned by the relevant body, particularly

persons taking care of children suffering from cerebral paralysis, infantile

paralysis, dystrophy or any of the muscle and neuro-muscle diseases and

other serious diseases is entitled to work half the working time ( which is

counted as full working time with regard to the rights derived from work

and on the ground of work);

- One of the foster parents whose foster child is under eight, in order to be able

to provide the necessary care to the child, is entitled to one more year of

absence from work and during that time to a full salary ( 100%), as provided

for by the Law.

- The employed mother who intends to use the right to maternity leave, in

order to take care of her natural , or foster child, should inform the employer

in writing about that decision, at least one month before the beginning of the

leave;

- The employer must transfer to the appropriate place of work the employed

mother who decides to discontinue her maternity leave , or the leave granted

for taking care of the adopted child, not later than one month upon written

notice on the decision to stop using that right;

- The employed mother resuming work after her maternity leave is entitled to

additional professional training in order to acquire skills required by new

technological, economic or structural changes or changes introduced by the

employer in the mean time.

- One of the parents is entitled to be absent from work until the child

complete three years of age. However, if one of the parents decide to

discontinue the maternity leave before it expires she, or he, will no more be

entitled to use that right.

- During the three years of absence one of the parents is entitled to for raising

the child she (or he) enjoys the right to health and social care, pension and

disability insurance, whereas all other rights are “frozen” ( including the right

to remuneration );

- Means earmarked for health care and pension and disability insurance are

paid from the Health ,Pension and Invalidity Fund.

1.3. LAWS AND REGULATIONS DIRECTLY COVERING

MAIN OSH ASPECTS (Safety and health at work)

The Ministry of Health, Labor and Social Care of the Republic of Montenegro is

responsible for OSH ( till November 2000 these were two separate Ministries and labor

inspection was within the authority of the Ministry of Labor and Social Security of the

Republic of Montenegro).

LAWS ON OCCUPATIONAL HEALTH SERVICES

- Law on Health Care (Official Gazette of the R. of Montenegro, no. 39\04 );

- Law on Health Insurance (Official Gazette of the R. of Montenegro, no. 39\04);

- Rules of Procedure on specific health care for the employed ( Official

Gazette of the R. of Montenegro, no. ....), and

- Rules of Procedure on diagnosing occupational diseases (Official Gazette of the

Federal Republic of Yugoslavia, no. 16\97)

LAWS ON SAFETY AT WORK, LABOR RELATIONS

AND EMPLOYMENT

- Law on Safety at Work (Official Gazette of the Republic of

Montenegro, no. 79|04);

- Law on Labor ( Official Gazette of the R. of Montenegro,

no. 43\03);

- Law on Pension and Invalidity Insurance ( Official Gazette

of the R. of Montenegro, no 54\03 and 39\04) ;

- Law on Inspection (Official Gazette of the R. of Montenegro, no. 39\03);

- Law on Labor Inspection (Official Gazette of the R. of Montenegro, no 69\03);

- Law on Strike (Official Gazette of the R. of Montenegro,

no 43\03);

- General Collective Agreement (Official Gazette of the R. of

Montenegro , no. 1\04);

- Law of Waste Management (Official Gazette of the R. of

Montenegro, no 80\05);

- Law on Protection from Ionizing Gasses (Official Gazette

of the Federal Republic of Yugoslavia, no. 46\96);

- Law on Transportation of Dangerous Materials (Official Gazette

of the Socialist Federal Republic of Yugoslavia, no. 27\90 and

Official Gazette of the Federal R. of Yugoslavia, no. 24\94,

28\96 and 68\02);

- Rules of Procedure on conditions a legal entity or a physical person has to meet

before assuming professional responsibility for OSH and the procedure for

establishing that a legal entity or physical person has met the required conditions

(Official Gazette of the R. of Montenegro, no. 67\05);

- Rules of Procedure on the professional exam envisaged for persons responsible for

OSH (Official Gazette of the R. of Montenegro, no 67\05);

- Rules of Procedure on keeping files on OSH ( Official Gazette of the R. of

Montenegro, no 67\ 05);

- Rules of Procedure on periodical medical check ups and inspection of the means of

work, inspection of OSH personal safety means and equipment and inspection of

conditions in the working environment (Official Gazette of the R. of Montenegro, no.

71\05);

- Rules of Procedure on protection measures and standards for work with tools (Official

Gazette of the Socialist Federal republic of Yugoslavia, no. 18\91);

- Rules of Procedure on technical standards for cranes (Official Gazette of the Federal

Republic of Yugoslavia, no. 65\91);

- Rules of Procedure on OSH in loading and unloading (Official

Gazette of the R. of Montenegro, no. 13\88);

- Rules of Procedure on special OSH measures for facilities and working space on

construction sites ( Official Gazette of the R. of Montenegro, no. 27\87);

- Rules of Procedure on general OSH measures against the danger of electricity in

working premises, working space and construction sites ( Official Gazette of the R.

of Montenegro, no. 6\86);

- General Rules of Procedure on hygiene and technical protection at work (Official

Gazette of the Federal People’s Republic of Yugoslavia, no. 56\47);

- Rules of Procedure on special protection measures at loading goods on and unloading

goods from motor vehicles (Official Gazette of the Socialist Federal Republic of

Yugoslavia, no. 55\65);

- Rules of Procedure on transportation of dangerous materials on roads (Official

Gazette of the Socialist Federal Republic of Yugoslavia , no. 82\90);

- Rules of procedure on professional training for drivers of vehicles transporting

dangerous materials and professional training for all persons involved in that

procedure (Official Gazette of the Socialist Federal Republic of Yugoslavia , no.

17\91);

- Rules of Procedure on technical and health-technical safety measures in chemical and

technological processes (Official Gazette of the Federal Republic of Yugoslavia, no.

55\50);

- Rules of Procedure on special technical and protection measures to be taken during

the processes with acetylene developers and in acetylene stations (Official Gazette of

the Socialist Federal Republic of Yugoslavia, no. 6\67, 29\67, 27\69 and 52\90);

- Rules of Procedure on technical standards in handling explosives and mines in

mining (Official Gazette of the Socialist Federal Republic of Yugoslavia, no. 26\68

and 63\88);

- Rules of Procedure on special protection measures in production of explosives and

powder (Official Gazette of the Socialist Federal Republic of Yugoslavia, no. 55\69);

- Rules of procedure on special protection measures in black metallurgy (Official

Gazette of the R. of Montenegro. no. 16\87);

- Rules o Procedure on personal OSH at work and personal safety equipment (Official

Gazette of the Socialist Federal Republic of Yugoslavia, no. 35\69);

- Rules of Procedure on general safety measures and standards against noise in working

premises (Official Gazette of the R. of Montenegro, no. 37\92), and

- Rules of Procedure on First Aid, equipment and administering and organization of the

rescue service (Official Gazette of the Socialist Federal Republic of Yugoslavia, no.

21\71).

LAWS ON LABOR INSPECTION

- Law on safety at work (OSH) (Official Gazette of the R. of Montenegro, no. 79\04)

- Law on Labor (Official Gazette of the R. of Montenegro, no. 43\03);

- Law on Inspection (Official Gazette of the R. of Montenegro, no. 39\03);

- Law on Labor Inspection (Official Gazette of the R. of Montenegro, no 69\03), and

- Law on Administrative Procedure ( Official Gazette of the R. of Montenegro, no

60\03).

LAWS ON INSURANCE AND \ OR COMPENSATION FOR

INJURIES AT WORK , PROFESSIONAL DISEASES OR

DISEASES INCURRED BY WORK

- Law on Insurance, adopted on December 11, 2006;

- Law on Safety at Work (Official Gazette of the R. of Montenegro, no. 79\04 );

- Law on Labor ( Official Gazette of the R. of Montenegro, no. 43\03 );

- Law on Pension and Invalidity Insurance (Official Gazette of the R. of Montenegro,

no. 54\03 and 39\04);

- Law on Health Care (Official Gazette of the R. of Montenegro, no 39\04);

- Law on Health Insurance (Official Gazette of the R. of Montenegro, no. 39\04, and

- General Collective Agreement ( Official Gazette of the R. of Montenegro, no 1\04).

According to the Law on Safety at Work the employer is duty bound to immediately

, and not later than 24 hours upon the accident, informs the Inspection in writing about

every lethal, collective or serious injury at work and also inform the Inspection about

every danger that could jeopardize health and safety of the employed. In case of injury

at work the employer is duty bound to fill out a form specifying the injury at work

(report on injury). The company (enterprise) gives that report (filled out form) to the

injured employed, i.e., to the health institution where he was medically treated, not later

than 24 hours upon identification of the injury.

The report on the injury is issued in 4 copies .Within 3 days the Report on the injury

at work with all data inscribed, as provided for by the Rules of Procedure of the

enterprise, is submitted to the Health Insurance Fund with which the employed is insured

and which guarantees him the right to health care, as provided for by the relevant law.

The Fund retains two copies of the Report on the injury at work for its

administration and two other copies forwards to the enterprise, one of which is for the

injured employed, or his family. The Health Insurance Fund of the Republic and the

Pension and Invalidity Fund of the Republic are legally bound to submit to the Ministry

of Health, Labor and Social Security of the Republic of Montenegro data on injuries at

work, occupational diseases, diseases incurred by work and on disability for each

calendar year, not later than January 31 of the following year, and on a monthly basis

upon request.

1.4. OSH LAWS AND REGULATIONS ADOPTED BY

OTHER MINISTRIES

- Law on Mining (Official Gazette of the R. of Montenegro, no.

28\93 and 27\94.

1.5 OSH IN THE NATIONAL POLICY

( Safety and health at work, or programs)

At present Montenegro has not yet clearly defined its OSH program in that field, but it

intends to do it in near future.

1.1. LIST OF QUESTIONS

Summary

Do regulations exist for the effective protection of workers against hazardous

processes, machinery and equipment and hazardous chemicals, physical and

biological agents, relating to:

Yes No Applied?

- identification and determination of occupational hazards? X

- prohibition, limitation or other means of reducing

exposure?

X

- assessment of risks? X

- prohibition or limitation of the use of hazardous processes,

machinery, substances, etc?

X

- specification of occupational exposure limits? X

- surveillance and monitoring of the working environment? X

- notification of hazardous work, and related authorisation

and

licensing requirements?

X

- classification and labelling of hazardous substances? X

- provision of data sheets? X

- provision of personal protective equipment? X

- safe methods for handling and disposal of hazardous

waste?

X

- working time arrangements? X

- adaptation of work installations, machinery, equipment and

processes to the capacities of workers (ergonomic factors)?

X

- design, construction, layout, maintenance of workplaces

and

installations?

X

- provision of adequate welfare facilities? X

1.7. ANALYSIS OF THE CURRENT SITUATION

(STATE OF ART) AND RECOMMENDATIONS.

Most of OSH laws in Montenegro are in line with European laws in this field.

However, this does not fully apply to labor legislation. Since the adoption of OSH Law

in December 2004 we have adopted 7 by laws , and very soon we shall adopt a by law

on the methodology of risk assessment at the place of work, which is of key importance

for defining work sites with special requirements, particularly with regard to specific

personal safety means and equipment, a by law on the frequency of medical check ups of

the employed, a by law specifying the amounts which should be earmarked for

collective insurance and compensation in case of injury at work, occupational diseases,

diseases incurred by work ,etc. Also, adoption is pending of the Rules of Procedure on

the schedule of previous and periodical medical check ups of the employed working at

risky places, the Rules of Procedure on construction of safe buildings with appropriate

content, including the way in which safety measures should be designed and the

procedure developed for checking whether the required safety measures have been met.

At this moment Montenegro still does not have a clearly defined OSH program which it

needs badly. The Trade Unions of Montenegro, a representative organization of the

employed and their interests defines : “Safety at work as part of fundamental social and

trade union rights which can be secured only through constant presence and

involvement of all social partners in the process of drafting, adoption and implementation

of laws and by-law on OSH at work. It is a well known fact that in Montenegro the

right to safety measures at work was disregarded during the years of transition, which

means that more serious and intensive work should be undertaken in this field in the

forthcoming period, particularly in view of the changes in international standards

covering this field.” In the light of that fact the Trades Unions of Montenegro call for:

- A more active labor and OSH inspection for the sake of those employed who

are subject to a minimal required protection measures, but sufficient to

guarantee a safe and secure work and a healthy working environment;

- A more serious penal policy which would help decrease the number of

accidents at work:

According to the Employers’ Union of Montenegro, as a

representative organization of employers, the Law provides a good

framework, which does not mean that it need not be further improved.

Special attention should be devoted to its implementation. Slight corrections

should be introduced in case of SMEs with regard to big systems, to avoid

implementation of the same rules where it is not necessary. E.g. Why should

an SME have a special OSH service and a special employed in that sector

when OSH can be entrusted to a specialized licensed Agency. Also, the

procedure of consultations with the employed and trade unions should be

revised in order to eliminate formalities which in practice could jeopardize

activities connected with OSH. In case of some SMEs carrying out

“benign” activities risk assessment practically makes no sense since it is only

theoretical.

2. HARMONIZATION OF NATIONAL LAWS WITH

INTERNATIONAL STANDARDS

2.1. International standards in the national legislation and practice.

The adopted OSH Law is based on the Directive of the Council, of June

12, 1989, on measures for improvement of safety and health of the employed at work,

and on several other Directives (adopted on the ground of Article 16 of Directive 89\39

of the EEC).In view of the fact that Montenegro became independent in May 2006 its

OSH laws and regulations are based on directives, conventions and recommendations

ratified by the former Socialist Federal Republic of Yugoslavia (later Federal. Republic

of Yugoslavia). This means that there are no relevant conventions which we should

ratify, nor the deadlines for their ratification.

The following ILO Recommendations have been built

into the OSH Law:

- Recommendation no. 164 on health safety at work (1981);

- Recommendation no. 192 on health safety in agriculture (2001), and

- Recommendation no. 177 of safety at work with chemicals (1990).

2.2. SUMMARY

2.2.1. Degree of compliance with ILO OSH Conventions

Convention No:

ratified

provisions

incorporated

in national

law

Provisions

used as

guidance

Intention

to ratify

in near

future

155 on Occupational safety and

health, 1981 X

161 on Occupational health

services, 1985 X

81 on Labour inspection, 1947 X

129 on labour inspection

(Agriculture) 1969 X

115 on Radiation protection, 1960 X

119 on Guarding of machinery,

1963 X

127 on Maximum weight, 1967 X

136 on Benzene, 1971 X

139 on Occupational cancer, 1974 X

148 on Working environment (Air

pollution, noise and vibration), X

1977

162 on Asbestos, 1986 X

167 on Safety & health in

construction, 1988 X

170 on Chemicals, 1990 X

174 on Prevention of major

industrial accidents, 1993 X

176 on Safety and health in Mines,

1995 X

184 on Safety and health in

agriculture, 2001 X

In addition to the above mentioned we have also adopted the following

OSH CONVENTIONS:

- Convention no. 103 on maternity protection (amended in 1952);

- Convention no. 121 on financial compensation in case of injury at work and

occupational diseases (1964) ;

- Convention no. 135 on protection and fringe benefits for the representatives

of the employed (1971);

- Convention no. 171 on night work of young workers (1990), and

- Convention no. 183 on maternity protection (amended in 1952 and 2000),and

THE FOLLOWING PROTOCOLS:

- The 1995 Protocol to Convention no. 81 on Labor Inspection;

- The 1990 Protocol to Convention no. 89 on night work of women ,

from 1948 (1990), and

- Protocol to OSH Convention no. 155, from 2002.

2.2.2. Degree of compliance with EU Directives

EU Directives

(and their individual

amendments)

requirements

transposed

entirely

partially

transposed

requirements

used as

guidance

intention

to

transpose

in near

future

89/391/EEC "Framework

Directive" on OSH X

89/654/EEC on minimum safety

and health requirements for the

workplace

X

89/655/EEC on use of work

equipment X

89/656/EEC on use of personal

protective equipment X

90/270/EEC on work with

display screen equipment X

90/269/EEC on manual handling X

90/394/EEC on carcinogens X

2000/54/EEC on biological

agents X

92/58/EEC on safety signs X

92/85/EEC on pregnant workers X

92/91/EEC on mineral-extracting

industries (drilling) X

92/104/EEC on mineral

extracting industries X

93/103/EEC on fishing vessels X

98/24/EC on chemical agents X

92/57/EEC on temporary or

mobile construction sites X

2002/44/EC on physical agents -

vibration X

2003/10/EC on physical agents -

noise X

91/383/EEC on temporary

workers X

94/33/EC on young people X

99/92/EC on explosive

atmospheres X

83/477/EEC on asbestos X

2000/39/EC on indicative

occupational exposure limits X

2.3. State of the Art and Recommendations

Montenegro will have to more actively work on harmonization with the

international standards , EU Directives and ILO Conventions. At present Directives and

Conventions ratified at the time when Montenegro was part of former Yugoslavia and

after that in a common state with Serbia are still in vigor in Montenegro. Actually,

Montenegro became an independent state in 2006 and so far has not yet adopted legal

instruments, nor developed an appropriate mechanism for ratification of international

regulations. The area of international standards is still insufficiently transparent for

SMEs. Ratification of numerous ILO Conventions is a pending task for Montenegro, as a

prerequisite for further harmonization of domestic legislation with international

standards. Also, the process of harmonization with EU Directives will start soon.. It will

be gradual , depending on the association process . We believe that EU experts will help

us considerably in this regard.

3. ORGANIZATIONAL FRAMEWORK AND MECHANISMS

FOR IMPLEMENTATION OF OSH LAW

In Montenegro there is no special body responsible for OSH, such as an

independent Council or Agency for OSH. There is a sector in the Ministry of Health,

Labor and Social Care of the Republic of Montenegro for labor relations and

employment also responsible for legislation regarding labor relations and

employment. Labor Inspection is part of that Sector and it is responsible for monitoring

the implementation of the laws, collective agreements , by laws and general acts in two

fields:

- labor relations and employment, and

- OSH.

The task of Labor Inspectors for labor relations ( 29 of them

working in Montenegro, lawyers by academic education with a minimum of

4 years of professional experience and the professional exam for work in

administration) is to monitor the implementation of standards on labor

relations and employment. In the Sector for Labor Relations and Employment

there is a Unit in charge of drafting norms and standards to be observed in

this field. In Montenegro there are 12 OSH inspector who are graduate

engineers in different technical fields, with a minimum of 4 years of

experience and a professional exam for work in administration. Their task is

to monitor OSH conditions in Montenegro and draft standards on OSH. In

addition to that, OSH inspectors sit on examination committees for

professional qualifications in OSH ( the candidates have to be university

graduates-7th

academic degree with at least one year of professional

experience) and take part in the work of the commissions for determining

whether the conditions for obtaining an OSH license, issued by the Ministry

of Health, Labor and Social Care of the Republic of Montenegro, with regard

to the cadres, organizational, technical and other requirements, have been

met. (Licenses are issued for a 3 year period).

The tasks of an OSH licensee are:

1. To evaluate technical documentation with regard to applicability

in practice of OSH measures, technical regulations and standards

so as to determine whether the submitted documentation

guarantees personal safety of the employed and safety of the

process of work in the designed buildings;

2. Train the employed for safe work and check their abilities in this

regard ;

3. Perform all activities provided for by Article 36 of OSH Law;

4. Draft risk assessment acts and suggest preventive measures;

5. Organize periodical check ups and inspection of personal safety

means and equipment ;

6. Organize periodical checking and inspection of electrical and

other installations, and

7. Inspect the conditions in the working environment (physical,

chemical and biological detrimental effects, lighting and

microclimate.)

At present in Montenegro there are 11 legal entities and physical persons ,

holders of an OSH license. They are:

- Yu Institute of R&D in OSH , Podgorica;

- MONTINSPEKT. D.O.O. (Limited Liability Comp.), Podgorica;

- SIGURNOST ,D.O.O. Podgorica;

- INSTITUTE OF BLACK METALLURGY A.D.(shareholding company),

Niksic;

- INGINSPEKT , D.O.O. Podgorica;

- RAJPAD, D.O.O. Cetinje;

- VU-TI INZINJERING , D.O.O. Bar,

- JUGOINSPECT D.O.O. Podgorica;

- Z- CONTROL D.O.O. Podgorica;

- MEZON D.O.O. Podgorica ,and

- LUCIC D.O.O. Herceg Novi.

Issuing of OSH license to JU CENTAR ZA EKOTOKSIKOLOSKA

ISPITIVANJA CRNE GORE ( MONTENEGRO YU CENTER FOR ECOLOGICAL

AND TOXICOLOGICAL RESEARCH ) is pending .This Center, among other things,

also inspects conditions in the working environment and soon it will also have storage

space for nuclear material.

According to a by law to the RULES OF PROCEDURE ON

REQUIREMENTS A LEGAL ENTITY OR A PHYSICAL PERSON HAS TO MEET

FOR PROVIDING OSH and on THE PROCEDURE FOR ESTABLISHING

WHETHER THE REQUIRED CONTITIONS HAVE BEEN MET, in addition to the

regular application for license the following documents are required:

- Sertificate on registration with the Central Register of the Economic Court of

Montenegro;

- Description of activities for which the license ir required ;

- Description of bisiness space and a document on ownership or a rental

agreement ;

- Document on ownership of the technical and measurement equipment, or a

rental agreement, relevant documentation on the technical and measurement

equipment and a document that the eqipment has been tested;

- Copies of contracts with professionals for the required jobs and official

documents on their education, professional experience, professional exam ( 3-

5 experts in safety at work, university graduates in different technical

branches, with at least 3 years of experience in the profession and a

professional exam for safety at work), and

- Description of the methodology and methods implemented for inspection

and testing of the means of work and \ or inspection of the working

environment and \ or risk assessment and \or training of the employed for

safe work.

3.1. AUTHORITY OR AUTHORITIES RESPONSIBLE

FOR OSH

The Ministry of Health, Labor and Social Care of the Republic

of Montenegro is responsible for drafting laws and adopting by laws on

OSH .The drafts are subject to public debate. The texts agreed on are

then submitted to the Secretariat for Legislation of the Ministry of

Justice. The task of this Secretariat is to determine whether the submitted

draft law is in line with the Constitution. If the opinion is positive the

draft law is forwarded to the Parliament of Montenegro for adoption. By

laws are enacted by the Ministry of Health, Labor and Social Care. All

adopted laws, by laws and regulations are published in the Official

Gazette of the Republic of Montenegro, with the indicated date of their

entering into effect.

As already mentioned, the laws are adopted by the Parliament of

the Republic of Montenegro and by laws are directly enacted by the

Ministry of Health, Labor and Social Care of the Republic of

Montenegro.

During the last five years Montenegro has intensified cooperation

with the international organizations competent in OSH. Thanks to that

cooperation we have adopted the OSH Law and seven by laws,

organized training courses for inspectors, with programs in line with

EU regulations ( in that respect French and Slovenian Labor

Inspections were particularly helpful) and increased awareness of the

employers and employed of the importance of OSH. Also, the

Government of Montenegro has organized seminars and round tables

jointly with the Employers’ Union of Montenegro, the Trade Unions of

Montenegro and the relevant international organizations and individuals

and companies (collectives) were awarded certificates for special merits

in organizing OSH and implementing its standards, etc. This means

that an appropriate normative infrastructure has been developed for

safety at work, which helps the employers and employed to implement

the required safety measures and facilitates the work of organizations

appointed by the Ministry of Health, Labor and Social Care to assume

responsibility for OSH. Moreover, a Manual for the professional exam

in OSH has been published and a great number of employed involved in

OSH will have the opportunity to take that exam before a special

commission appointed by the Ministry of Health, Labor and Social Care

of Montenegro, safety and sanitary level of the employed has been

increased, the number of workers in the gray zone (unregistered workers)

has been decreased and as of lately special attention is being devoted to

the implementation of risk assessment standards at the places of work.

3.2. LABOR INSPECTION

3.2.1. DESCRIPTION OF STATUS AND TASKS

Labor Relations and Employment Sector are under the Ministry of Health,

Labor and Social Care of the Republic of Montenegro. Its task is to establish standards

on labor relations and employment requirements .Labor Inspection is part of that Sector.

Its task is to monitor the implementation of the laws, collective agreements, by laws and

general acts in two fields:

- labor relations and employment, and

- OSH.

Labor Inspection is a body responsible for:

- monitoring and analyzing the system of labor and labor relations and

inspection in this field;

- direct monitoring of the implementation of the Law, by laws and other

general acts pertaining to this system;

- providing operational training and training in inspection, coordination and

orientation;

- investigating all lethal, serious or massive accidents at work;

- developing OSH programs and methodology;

- keeping regular files on inspections conducted and administrative decisions

taken in this regard;

- collecting information and writing reports on performed inspections and

analyzing them, and

- performing all other tasks in line with OSH Law.

During the process of drafting the laws and by laws which ( the

process) the Inspection is to monitor its task is to also consult the most

representative organizations of the employers and employed , such as : the

Employers’ Union of Montenegro and the Trade Unions of Montenegro, in line

with the tripartite principle and the requirement for harmonization with EU

standards and ILO regulations.

LEGAL GROUND

Labor Inspection conducts inspection in line with the General

Administrative Law (Official Gazette of the R. of Montenegro, no. 60\03, the

Law on Inspection (Official Gazette of the R. of Montenegro, no. 39\03), Law

on Labor Inspection (Official Gazette of the R. of Montenegro, no. 69\03, Law

on Labor (Official Gazette of the R. of Montenegro, no. 60\03 and 79\04) and

Law on Safety at work ( Official Gazette of the R. of Montenegro no. 79\04).

INSPECTION

Inspection is carried out by direct insight into the work of institutions,

legal entities, state bodies, municipal bodies, the bodies of the capital city, of

local administration, other bodies and organizations, economic companies and

other business organizations and physical persons and other subjects of

inspection. The purpose of inspection is to secure proper implementation of the

laws , regulations and general acts and, in case of non compliance, enforce

administrative and other measures and steps to be taken in view of eliminating

the detected deficiencies, in line with the laws in vigor. Inspection is conducted

by the labor inspector who is an official with special authority and responsibility.

Exceptionally, in emergency cases, under special circumstances, or if the labor

inspector is absent, or not in a position to carry out his task over a longer period

of time the Ministry of Health, Labor and Social care of the Republic of

Montenegro may authorize one of the employed in state administration, who

meets the necessary professional requirements for this task, to temporarily act as

labor inspector. During his assignment he, or she, enjoys full professional

authority.

Labor inspection inspects all activities of the employed, except in state

and local administration, which is the responsibility of the Ministry of Justice,

namely its special Inspection Department whose task is to monitor

implementation of laws and regulations on labor relations and employment.

Moreover, inspection in mining is carried out by special inspectors and their

Inspection Department is attached to the Ministry of Energy. Inspection is not

envisaged in agriculture when the farmer works on his farm by himself and does

not employ farm hands.

Inspection is carried out ex officio.

Labor inspection is based on the following principles:

- prevention,

- proportion,

- transparence,

- independence,

- protection of public interest,

- truthfulness, and

- subordination.

The Ministry of Health, Labor and Social Care of the Republic of

Montenegro may appoint one of its inspector to carry out inspection in another

administrative unit within the competence of this Ministry.

Labor inspection is in charge of the first instance administrative

proceedings and the Ministry of Health, Labor and Social Care of the Republic of

Montenegro acts on complaints, as a second instance.

The Inspector General is at the head of Labor Inspection .He represents

the Inspection, organizes and coordinates its work and guaranties the quality and

efficiency of its work based on the Law.

The Labor Inspector for labor relations at the Ministry of Health ,

Labor and Social care and OSH Inspector of that same Ministry coordinate

work in the field of labor relations and OSH.

The authority of Labor Inspection is defined by the laws and

regulations in vigor in its area of responsibility and it exercises its authority in

this specific area on the whole territory of the Republic of Montenegro .

Labor Inspection is organized per administrative units.

LABOR INSPECTION – ORGANIZATIONAL PATTERN

INSPECTOR GENERAL

Labor Inspector (1) Labor Inspector (1)

for labor relations for OSH

at the Ministry of Health... at the Ministry of Health

adm. unit PODGORICA

‘’ ‘’ NIKSIC

“ “ BIJELO POLJE

“ “ BAR

“ “ HERCEG NOVI

“ “ BUDVA

“ “ PLEVLJA

“ “ BERANE

THE EMPLOYED WITH LABOR INSPECTION

In line with the Law on the employed in administration (Official Gazette of the

R. of Montenegro, no. 27\04) the employed in Labor Inspection should meet the

following requirements:

- be citizens of Montenegro,

- be of age,

- be in good health,

- possess the required diploma (of the Faculty of Law, Faculty for

Occupational Safety, or one of the technical faculties),

- that he has no criminal record which makes him unsuitable for work in state

administration,

- fulfill all other conditions provided for by law and other regulations

(professional exam for work in state administration, and for labor inspectors a

minimum of 4 years of practice).

- A foreign citizen or a stateless person may also be employed under the

provisions of a special law and international conventions.

EMPLOYMENT OPPORTUNITY

Job is available if:

- the given working place is envisaged in the internal organizational pattern

and job systematization;

- if it is a vacancy, and

- if the Ministry of Health , Labor and Social Care of the Republic of

Montenegro has earmarked financial means for the salary of the employed

and other contributions.

INTERNAL APPLICATIONS FOR JOB

The vacancy may be filled out by assigning the already employed in the same

administration to that place of work. If the vacancy is not filled out in the above

described way it may be done by transferring the employed from another administrative

department, on the ground of an internal call for applications for the vacancy. The

requirements set in such internal announcements are determined by the Government of

the Republic of Montenegro, at the proposal of the Ministry in charge of public

administration.

PUBLIC INVITATION FOR APPLICATIONS

If the above procedure is not implemented the vacancy is filled out on the

ground of a public invitation for applications

In case of a public invitation the deadline for submitting applications must be at

least 8 and not longer than 15 days, form the day of publication.

A public invitation should contain the following information :

- the name of the state body inviting applications and the location of the

vacancy;

- the name of the place of work;

- conditions required for the job;

- the required documents to be submitted with the application;

- the expected time for getting the response to the application,

- the address of the person responsible for that information, and

- the name of the contact person for information on the public invitation..

LIST OF CANDIDATES

On the ground of applications the Personnel Department establishes a list

of candidates who meet the conditions set in the public invitation of applications.

MANDATORY TESTING OF ABILITIES

Candidates from the list are, as a rule, subject to testing of their abilities for

the job. Testing may be carried out in several elimination stages, so as to

decrease the number of candidates in each following stage and establish a short

list. It may be a written test, an interview, etc.

The Personnel Department decides on how testing is to be carried out.

A SHORT LIST

The Personnel Department establishes a short list of candidates with the

best scores. If no candidate has met the requirements the public invitation for

applications may be repeated.

SELECTION OF THE CANDIDATE

A short list of candidates is submitted to the Ministry of Health, Labor and

Social Care of the Republic of Montenegro and the Minister takes the final

decision. If he does not decide to employ any of the candidates from the short

list the Minister is duty bound to explain his reasons to the Personnel

Department.

In that case public invitation of applications for that vacancy is repeated.

DECISION ON EMPLOYMENT

Employment in state administration is obtained on the ground of a

decision taken by the relevant administration.

THE RIGHT TO INSIGHT INTO DOCUMENTATION

Documentation is available to all applicants, upon request.

DURATION OF EMPLOYMENT

Employment with the state administration, including Labor Inspection, is

not limited in time ( in spite of ratification of ILO Convention no. 81 on Labor

Inspection, from 1947, providing for re-election of labor inspectors every forth

year).

Temporary employment is offered in the following cases:

- when the permanently employed is absent and should be replaced during

that period, and

- when the volume of work requires extra help, for the period this help is

needed.

LABOR INSPECTORS- TITLES AND REQUIREMENTS

According to Labor Law on employed in state administration (Official

Gazette of the R. of Montenegro, no. 27\04) labor inspectors are ranked in the

following grades of the First Group ( Group I) and have the following titles:

- General Inspector. Requirements : a university diploma, a professional exam for

work in state administration and at least 10 years of professional experience;

-Labor Inspector, grade I ( for labor relations and OSH.). Requirements : a

university diploma, a professional exam for work in state

administration and at least 8 years of professional experience;

- Labor Inspector, grade II ( for labor relations or OSH) . Requirements: a

university diploma , a professional exam for work in state administration

and at least 6 years of professional experience, and

- Labor Inspector. grade III ( for labor relations and OSH). Requirements: a

university diploma, a professional exam for work in state administration and

at least 4 years of professional experience.

In Montenegro there are 41 labor inspectors: One General

Inspector, one Labor Inspector grade I for labor relations, attached to the

Ministry of Health, Labor and Social Care, one OSH Inspector -grade I , also

attached to the Ministry of Health, Labor and Social Care, 27 Labor Inspectors

for labor relations and 11 OSH Inspectors attached to the above mentioned labor

inspection administrative units.

TERMINATION OF EMPLOYMENT

A labor inspector may terminate his, or her employment :

1. By filing a written resignation;

2. If according to the Law he, or she, is no longer able to meet the

requirements of the profession ;

3. In case of penalty to over six months of prison, or a criminal violation which

morally disqualifies him, or her, from exercising the profession of inspector;

4. In case he, or she, has not met the requirements for that position;

5. If his, or her work as inspector is not professional, or scrupulous;

6. If he, or she, does not act according to commitments provided for by the Law;

7. If he, or she is involved in activities incompatible with inspection, and

8. In all other case in which the law provides for termination of employment (

e. g. if he, or she is not re-elected after 4 years).

Prevention is the primary task of the inspector, by drawing attention of the

employer to the omissions and deficiencies. In case the employer does not act upon the

inspector’s decision the inspector can decide to temporarily prohibit him to work (close

down), file a charge against him with the magistrate ( administrative court for minor

violations) or file a criminal charge against him, even permanently prohibit him further

work in the cases provided for by the Law, or fine him on the spot ,etc. In Montenegro,

all fines collected from the employers go to the Budget of the Republic of Montenegro

There are no special funds for promotion of OSH to which this money could be

earmarked.

The labor inspector can promote his professional knowledge by reading

relevant professional books, attending seminars, training courses, etc., but only if there

are available funds for that purpose.

In the past period labor Inspection was faced with a serious problem of

unregistered workers, but thanks to efficient measures adopted by the Government of

Montenegro this problem has been reduced to an acceptable level. Now, serious measures

are being taken to reduce the number of lethal injuries at work. In 2005 we had 5 lethal

cases , which is too many in view of the size and level of industrial development of

Montenegro.

Labor inspection is faced with the following problems:

- insufficient number of inspectors,

- low material status of labor inspectors with regard to their colleagues in the

region and EU ( low salaries, housing problems, insecurity due to re-election

every 4 year).

- poor technical equipment ( insufficient number of vehicles and computers,

lack of digital equipment, poor technical communication with colleagues and

relevant authorities, etc),

- lack of personal safety means and equipment for inspectors during inspection

in risky environments,

- poor communication and exchange of views with the relevant institutions in

the region and EU ( mainly for financial and technical reasons), and

- lack of experience in risk assessing at the places of work, etc.

Labor Inspection provides legal help to SMEs in more efficient

implementation of the laws and regulations . Also, Labor Inspection plans to organize

consultations with prominent members of the Employers’ Union of Montenegro.

3.2.2. CASE STUDIES

During routine inspection ( if the subject is interesting both with regard to

labor relations and OSH) usually several labor inspectors for these two fields work

together as a team. They come to the site of inspection in an official car ( usually one car

per several inspectors), at the entrance to the company they identify themselves to the

employed on duty by showing their IDs and ask him to inform the responsible official in

the company, usually the executive manager, of their arrival. If he is not available he has

to assign a replacement to be present during inspection . Labor inspectors count the

employed in order to establish their number. If it is not possible to count them all because

they are numerous, the more the better. The random sample method may also be applied.

During inspection OSH inspectors visually inspect the places of work, the means of

work ( tools , equipment, installations), conditions in the working environment and note

down all deficiencies and irregularities. After visual inspection they all go to a room or

office where the inspectors make a written record of what they have established.

The documents required by both the labor and OSH inspector (s) are:

- registration certificate, issued on the ground of registration with the Central

Register of the Economic Court ( a proof of the legal entity status of the

company, certificate ( license) issued to the company by the relevant body for

carrying out that particular activity) and the list of employed. The inspectors

initiate the administrative procedure by making individual records ( one on

labor relations and the other on OSH). The labor inspector also checks

personal files of the employed to determine :

- whether the employer has registered the employed according to the Law,

- whether the employer has registered the employed for pension and invalidity

insurance,

- whether the employer has registered the employed for compulsory health

care;

- whether the employer has a regular employment contract with the employed,

- whether the employed regularly receive their salaries and whether the

employer regularly pays for them the required fees and contributions,

- whether the employed regularly receive compensation for one meal a day and

a financial subsidy for vacations, and

- whether all rights of the employed envisaged by labor laws and regulations

have been guaranteed to the employed ( breaks during work, weekly rests

and vacations, maternity leave, etc.).

In case of gross violation punishable under the Law by the labor inspector

he may temporary prohibits work or prohibits work until the deficiencies be removed. If

the violation is subject to fining the Labor inspector decides on the amount on the spot

and orders the employer to pay the amount of the administrative fine to the giro account

of the State Treasury of Montenegro, or commits the employer, by a written decision, to

eliminate all deficiencies and irregularities within 7 days at the latest.

At the end all present at the inspection on the side of the employer read the

record and sign it. They also may add their remarks, if any. Finally the Record is to be

signed by the Inspector who has performed inspection and the representative of the

employer. If the employer does not eliminate the deficiencies identified by the Inspector

within the deadline envisaged in the Record , the Inspector issues his second decision

with new deadlines .According to that second decision, three days upon expiration of the

deadline for elimination of each individual deficiency, or irregularity, the employer is

duty bound to inform the Inspector, in writing, about the measures taken in this regard.

If after all these steps the employer does not eliminate the deficiencies and irregularities

the labor inspector may:

- temporarily prohibit work until final elimination of deficiencies and

irregularities,

- file a charge against the employer with the first degree court,

- in case of a criminal violation file a criminal charge against the employer

with the relevant court,

- enforce implementation of the decisions taken by other bodies, and

- fine the employment and order compulsory reimbursement from the

employer’s bank account.

OSH Inspectors check the following documents:

- technical documentation on the working premises and auxiliary facilities ;

- official documentation on the means of work , equipment and personal safety

means for work with dangerous materials, in the official language of

Montenegro. This documentation provided by the producer, or provider,

must contain all safety and technical data relevant for risk assessment

connected with the use of this equipment and these means of work in the

working process and a list of all prescribed safety measures in line with

OSH regulations;

- a certificate that the means of work and personal safety equipment and

means meet the required standards and OSH measures, that they are in good

shape and safe for use;

- documents testifying that the working environment meets the prescribed

requirements ( on physical, chemical and biological detrimental effects ,

lighting and microclimate);

- acts adopted by the employer, on safety at work,( general acts, employment

contracts, training programs for the employed for safe work, files, reports on

OSH in the company, list of injuries at work, instructions for safe work and

safe use of the means of work and personal equipment and means for safety

at work, etc.),

- proofs that the employed are trained for safe work at the working place,

- medical certificates that the employed are fit (in good health) for work at their

respective places of work, particularly in case of high risk jobs,

- documents on paid collective insurance fees for the employed, in case of

injury at work, occupational disease or disease incurred at work,

- proofs that personal safety equipment and means have been purchased and

made available to the employed,

- proofs that first aid is available and easily accessible and that evacuation

measure in case of fire, or threat of fire are in place,

- technical documentation on the site of work ( in building industry),etc.,

In case of serious deficiencies, or irregularities punishable by temporary

discontinuation of work of the company labor inspectors take such decision and

order the employer to temporarily discontinue work until the problems have

been solved ( in case of direct threat to life of the employed, use of means of

work without OSH measures in place, lack of training for safe work at the place

of work, etc.).In all other cases the inspector spells out in the Record all

identified deficiencies and irregularities and instructs the employer to eliminate

them within 7 days at the latest. OSH inspectors do not have the legal authority

to fine the employer on the spot. All the rest, like signing the Record, taking

decisions, ordering measures to be taken, etc. is the same as in case of labor

inspection.

3.2.3. SUMMARY

Summary of labour inspection services

Total number of staff in labour inspection services 41

Number of inspectors 41

HQ versus total staff (%) 39,03

OSH versus employment inspections (e.g. 100:0,

50:50, 45:55...)

41:59

Percentage of economically active population

covered by labour inspection services

83,13 % 1

95,33 % 2

Inspectors/1,000 enterprises 1,66

Inspectors per 1,000 employees 0,23

Inspections/1,000 workers/year 137

Visits by one inspector per year 600

Inspectors per computer 3,42

Internet access? Occasional

Inspectors per office car 4,56

Own car used? Yes

Own car use remunerated? only fuel

Inspector salary versus minimum wage (number of

time more than minimum wage)

5,10 times

(Min wage 50 € )

Inspector salary versus private sector salary (worse,

same, better?)

lower

Average age of inspectors 47,61

Annual report produced for public (yes/no) Yes

Labor Inspection is conducted in state and local administration ( 16.87 % of

economically active population).

OSH inspection is not conducted in mining (4.67% of economically active

population).

According to statistics of October 2005 the number of employed in Montenegro

amounted to 178 815.

The number of enterprises ( legal entities and entrepreneurs) amounted to 24 746.

3.3 OCCUPATIONAL MEDICINE

Occupational Medicine used to be under the responsibility of the Ministry of

Health and these services were provided in occupational medicine dispensaries at health

centers of bigger factories ( KAP, Radoje Dakic, Titex, Agrokombinat 13 Jul, Railway

and Transport) or in general dispensaries in bigger factories and enterprises (

Zelezara Niksic (Iron works), Boksiti, Brodogradiliste Bijela (shipbuilding yard), most of

which have been closed down.

In health centers professional staff in occupational medicine dispensaries

consisted of doctors- specialists in occupational medicine, nurses and psychologists; in

the factories the staff in occupational medicine dispensaries consisted of doctors-

specialists in occupational medicine, nurses, social workers and psychologists.

Occupational medicine dispensaries which operated within all health centers were

the most important medical services for health protection of the employed. The role of

dispensaries was mainly curative . In prevention they cooperated with OSH in

enterprises, upon request of the employers who had contracts with them for organized

preventive check ups, etc.

After graduation of medicine and a regular internship to become a specialist in

occupational medicine the physician has to spend another three years specializing that

branch at the Occupational Medicine and Radiological Protection Institutes and Clinical

Centers of the Medical Faculties outside Montenegro.

Most nurses finish the secondary general medical school. In the past some of them

used to attend training courses in other centers, e.g. for functional diagnosis.

The Health Care Law provides for the possibility to organize health care in various

institutions, such as : first aid units, out patient health centers, clinics and hospitals. All

these service at all levels may be state owned ,or private. Under the present system most

of these services are provided by state owned institutions. Also, there are 247 privately

owned, mostly first aid units (stations), but not a single one registered for health care of

the employed, within the insurance system.

According to OSH Law ( Official Gazette of the R. of Montenegro, no. 79\04),

the Ministry of Labor, upon previous approval of the Ministry of Health (now merged

into one ministry) is authorized to issue a license to a physical person not employed

with state administration who meets all professional, organizational, technical and other

official requirements to perform the following tasks:

1. Take part in risk assessment connected with specific activities

conducted in a given working environment for the purpose of producing a Risk

Assessment act;

2. Inform the employed of health risks connected with their work and

provide health education;

3. Analyze and determine the causes of occupational diseases and

diseases connected with work;

4. Assess and determine special health conditions which must be

secured to the employed involved in a specific working process or working with a

specific equipment;

5. Co nduct preliminary or periodical medical check ups of the

employed according to OSH principles;

6. On the ground of check up results submit a Report on health fitness

of the employed to work a the place with increased risk;

7. Organize health care for employed suffering from occupational

diseases;

8. Organize first aid , rescuing and evacuation in case of disaster or

massive accident;

9. Establish the causes of occupational disability of the employed,

suggest prevention measures, participate in the rehabilitation process and suggest another

job according to the health status after disability (invalidity);

10. Suggest to the employer implementation of measures contributing

to the improvement of health of the employed, particularly those working at places with

increased risk and consequently more exposed to injuries and health impairment;

11. Advise the employer in selecting and testing new personal safety

equipment and means in view of health protection of the employed;

12. Take part in analyzing injuries at work, diseases incurred by work

and occupational diseases and keep files with findings;

13. Directly cooperate and coordinate all OSH activities with the

person responsible for OSH;

A doctor –specialist in occupational medicine assigned by the Ministry of Health,

Labor and Social Care of Montenegro can also be in charge of all above mentioned

activities ( except under 5).

The fee for services rendered in occupational medicine is established by the

Health Center as a public institution.

3.3.2. Summary of key activities

(Alternative terms are presented, highlight the most commonly used in bold):

Activity (functions) YES (on

compulsory

basis)

YES (on

voluntary

basis)

NO

Workplace surveys, workplace visits, exposure

assessment X

Risk assessment and management X

Preventive health examinations (general

surveillance) X

Risk-based health surveillance X

Registration of health data, reporting of

occupational diseases and injuries -There are

no files on

occupational

diseases

Workplace health promotion, health education,

counselling X

Rehabilitation X

First aid, accident management X

Curative services X *

Education, training, information campaigns X

Quality assurance of occupational health

processes, audits X

Safety inspections X

Initiatives and advice for management of x

workplace safety and health, safe workplace

design

* The system provides health care to all who need it and at all levels. According to the

Law the employer is legally bound to cover all expenses of medical treatment of the

employed in case of disease, or injury at work and cover the compensation in case of a

lethal issue .

3.3.3. Summary of occupational health professionals

Number of occupational health physicians (full-time equivalents) 46 1

Number of occupational health physicians/1,000 employees 0,26

Number of occupational health nurses (full-time equivalents) 91 2

Number of occupational health nurses/1,000 employees 0,51 Number of private OSH services 0 Number of companies with own OSH service 0

Number of public OSH centres (for example at municipal level) 27

2

National Institute of Occupational Health? No Percentage of economically active population covered by

occupational health services? -

1

Statistical Annual Book for 2004 on health and health protection of population in the

Republic of Montenegro, published by the Institute of Public Health, Podgorica, p. 131 (

data for 2004). 2

Idem, p. 162.

3.4. OTHER INSTITUTIONS AND AGENCIES RESPONSIBLE FOR

IMPLEMENTATION OF OSH LAW

In Montenegro there is neither a special Council, nor an Agency responsible for

OSH. Actually, OSH is the responsibility of OSH inspectors whose task is not only to

work in the field, but to also draft regulations on OSH standards and sit on the

Committee of the Ministry of Health , Labor and Social Care for issuing licenses to legal

entities, or physical persons for carrying out specific OSH tasks, to check whether the

candidates meet professional, organizational, technical and other requirements.

In line with Articles 36 and 37 of OSH Law (Official Gazette of the R. of

Montenegro , no. 79\04) only a legal entity, or physical person meeting all professional,

organizational, technical and other requirements envisaged by the Ministry of Health,

Labor and Social Care of Montenegro may be professionally assigned to secure OSH.

The Ministry of Health, Labor and Social Care of Montenegro issues a license

to a legal entity or physical person for carrying out given tasks connected with OSH , in

line with OSH Law . The Ministry also has a Register of licensed organizations .

The license is issued for a 3 year period and may be renewed under the same

conditions.

An OSH license is issued for:

1. Evaluation of technical documentation with regard to the applicability of OSH

measures, technical standards and regulations in view of safety at work of the

employed in the envisaged processes of work, on the ground of the submitted

technical documentation ;

2. Training of the employed for safe work and verification of their abilities in this

respect;

3. All tasks provided for in Article 36 of OSH Law;

4. Implementation of Risk Assessment Acts and suggestion of measures for risk

elimination;

5. Periodical checking of the means of work and personal safety equipment and means

at work;

6. Periodical checking and testing of electrical and other installations, and

7. Checking the conditions prevailing in the working environment (physical, chemical

and biological negative effects, lighting and microclimate)

At present there are 11 legal entities and physical persons licensed for the

above mentioned tasks. They are:

- YU Institute for R&D in OSH in Podgorica,

- MONTINSPECT, D.O.O.(company with ltd. liability),Podgorica,

- SIGURNOST , D.O.O.,Podgorica,

- INSTITUTE OF BLACK METALLURGY, A.D.( shareholding

company), Niksic,

- INGISPECT, D.O.O. Podgorica,

- RAJPAD, D.O.O., Cetinje,

- VU-TI INGINJERING , D.O.O., Bar,

- JUGOISPEKT, A.D., Podgorica,

- Z- CONTROL , D.O.O., Podgorica,

- MEZON , D.O.O., Podgorica, and

- LUCIC , D.O.O., Herceg Novi,

License will soon be issued to the MONTENEGRO CENTER FOR

ECOLOGICAL AND TOXICOLOGICAL RESEARCH , in Podgorica. This CENTER

is also in charge of monitoring conditions in the working environment and very soon its

storage facilities for radioactive materials will be in place and available for use.

The employer is duty bound to previously make familiar the legal entity, or

physical person licensed for OSH with the technological process , the risks involved in

that process, the measures implemented in view of eliminating risk and make available

all other relevant data.

The legal entity, or physical person securing OSH is duty bound to, not later

than one month upon the employer’s written request, make a professional Report on

performed testing and checking with comments on OSH measures and the way they are

implemented, and submit this Report to the employer.

The Conclusions (comments) of the Report submitted by the legal entity, or

physical person should be based on the realistic assessment as to whether, or not, it was

possible to implement OSH measure at the time of testing and checking.

The employer is duty bound to make available to the employed the means of

work and personal safety equipment and means at work with dangerous materials, but

only if he ( the employer) possesses the necessary documentation, submitted by the

producer, or provider, in the official language of Montenegro, including all safety and

technical data relevant for risk assessment. Moreover, the employer is duty bound to

secure all OSH measures envisaged in the documentation . On the other hand, in

exceptional cases, when the employer is not in a position to secure the required

documentation from the producer, or provider he (the employer) may secure it through a

legal entity, or physical person licensed for this job.

The First Degree Magistrate ( for minor violations) operates within the Sector

for Labor and Employment of the Ministry of Health , Labor and Social Care of the

Republic of Montenegro. This is the first instance where labor inspectors initiate the

procedure for minor violations. In case of complaint the employer files it with the

Ministry of Health, Labor and Social Care. In case the employer is not satisfied with the

ruling of the first instance ( the decision of the Ministry) he may file a complaint with

the regular court.

The Court has jurisdiction over the cases between the employer and the

employed for violations of OSH measures, particularly in case of violation of the rights

connected with the injury at work. Namely, in case of a lethal, serious or collective

accident at work the employer is duty bound to immediately, and not later than 24 hours

after the accident, inform the Labor Inspection about it. It is the duty of the labor

inspector to immediately inspect the site of the accident, collect all relevant information

and make a Report on the implemented and non-implemented OSH measures responsible

for the accident. This Report is then filed with the Court .The Court may call the OSH

inspector to testify in the capacity of witness, or expert at the hearing.

3.5. NATIONAL COUNCILS FOR OSH

In Montenegro there is neither a Council nor an Agency for OSH.

Actually, OSH is the responsibility of labor inspectors.

The most representative organizations of employers and employed

– Employers’ Union of Montenegro and the Trade Unions of Montenegro

are consulted during the process of drafting laws and by laws and their

alignment with the EU and ILO rules and regulations, in line with the

tripartite principle. Public discussions are organized as part of the process.

After the text has been duly aligned with the relevant international

documents it is submitted to the Legislation Secretariat of the Ministry of

Justice of Montenegro which estimates whether it is in line with the

Constitution. If the opinion is positive the text of the draft law is submitted

to the National Assembly of Montenegro for adoption. By laws are adopted

by the Ministry of Health, Labor and Social Care of the Republic of

Montenegro. The enacted law, or by law is published in the Official Gazette

of the Republic of Montenegro with the date of its entering into effect.

3.6. INJURIES AT WORK AND SOCIAL INSURANCE (Formulae for

compensation)

The employer is duty bound to insure the employed against injury at

work, occupational disease and disease incurred at work.

The employer pays the insurance premium .

There is a special law on insurance of the employed against injuries at

work, occupational diseases and diseases incurred by work.

Specification of injury at work:

- The injury the insured suffered at his place of work, during his regular working time

and in his regular space of work, performing work covered by his insurance, or the

injury due to direct mechanical, physical or chemical effects of short duration, the

injury due to an abruptly changed body position, the injury due to an abrupt pressure

of load on the body or other abrupt physiological changes in the body.

- The injury the insured suffered on his regular way from home to work, or back, on

his way to an assigned job, on his way to start work and in all other cases provided

for by the Law.

- The injury the insured suffered while using his right to health care.

- The injury the insured suffered during a training course, additional training or re-

training course to which he was forwarded by the Employment Institute of

Montenegro.

- The injury the insured suffered as a pupil, or student during compulsory practical

work in production, practical work in the profession, or practical education.

- The injury the insured suffered during serving the term in a penitentiary during work

in a workshop or construction site, etc.

- The injury the insured suffered rescuing or helping victims of disasters and

accidents.

- The injuries the insured suffered during military training and performing other tasks

connected with defense, as provided for by law, and

- The injuries the insured suffered while performing other tasks of general interest, as

provided for by the law.

Occupational diseases are specific diseases incurred during the period covered

by insurance, due to direct effects of the process and conditions of work the insured

was performing over a longer period of time.

Disability (invalidity) is the physical state of the insured who ,due to his

impaired health which cannot be recovered by medical treatment or rehabilitation

has lost 75% of his working ability.

Invalidity in the above described case may be the result of an injury at work ,

an occupational disease ,or disease incurred outside the place of work, or illness.

Physical (corporal) disability means loss, serious damage or impairment of

some organs or parts of the human body, which prevents normal functioning of the

organism and requires increased effort in carrying out everyday activities, be it a

direct cause of disability (invalidity), or not.

The employer is duty bound to immediately, and not later than 24 hour upon

the accident, inform the Labor Inspection, in writing, about the lethal, collective or \

and massive injuries at work and all other dangerous phenomena and situations which

could jeopardize safety and health of the employed.

The Law on Health Care reads as follows: “Health care implies a number

of measures implemented and activities undertaken in view of maintaining,

protecting and promoting health and preventing diseases and injuries, securing early

detection of diseases, their timely treatment and rehabilitation.”

Priorities in health care are: prevention and protection from ecological factors

detrimental to health and implementation of all measures and activities aimed at

protection, promotion and improvement of sanitary conditions and hygiene in the living

and working environment, detection, prevention and control of diseases, prevention of

injuries and their negative effects at the level of the republic of Montenegro, as well as

prompt hospitalization of all individuals in life danger due to illness, or injury.

Beneficiaries of the rights on the ground of disability (invalidity) and physical

(corporal) damage due to injury at work, or occupational diseases are:

- persons attending training courses, additional qualification or re-training courses,

under the auspices of the Employment Institute of Montenegro;

- Pupils and students who, as part of their compulsory practical education, work in

factories and professional institutions, or attend training courses;

- Persons serving their term, working in the workshops of the penitentiary, on

construction sites, etc;

- Contributions for persons under item 1 are covered by the Employment

Agency;

Contributions for persons under items 2 and 3 are covered from the budget

of the Republic of Montenegro. In case of a lethal issue due to injury at work, or an

occupational disease of the insured his family is entitled to a pension also paid from the

budget of the Republic of Montenegro, regardless of the length of his service.

Beneficiaries of the rights on the ground on disability (invalidity) and physical

(corporal) damage due to injury at work are:

- persons who suffered injuries rescuing victims of disasters or accidents;

- persons who suffered injuries during military training or while performing other

tasks defined by the Law as tasks of general interest, and

- persons who suffered injuries performing tasks defined by the Law as tasks of

general interest.

Financial means for the above beneficiaries are provided by the Budget of the

Republic of Montenegro.

Pension and Invalidity Insurance Fund (PIO) guarantees payment of:

:

- seniority pensions (at retirement age) and

- invalidity pensions ( in case of invalidity).

In case of death:

- the right to family pension and

- the right to reimbursement of funeral expenses, and

- In case of physical (corporal) damage due to injury at work, or professional disease the

Insurance Fund guarantees financial compensation.

Invalidity Pension

Pension and Invalidity Insurance Fund (PIO Fund) requires the user of that right

to undergo an obligatory medical check not later than three years upon establishment of

invalidity, except in the cases envisaged in the General Act of the Fund.

In case of total invalidity the insured is entitled to a full (100%) invalidity

pension.

In case of partial invalidity the insured is entitled to a percentage of invalidity

pension proportionate to the degree of invalidity.

An invalid of work ( as they are called ) is the insured who is entitled to an

invalidity pension on the ground of his invalidity.

An invalid may be employed one forth of the regular working time.

On the ground of professional findings of the state administration body

responsible for public health the state administration body responsible for pension and

invalidity insurance establishes a list of occupational diseases and the most risky places

of work in that respect.

In case of invalidity the insured is entitled to invalidity pension in the following

cases :

- If his invalidity is caused by an injury at work, or a professional disease, regardless

of his length of service;

- if his invalidity is caused by an injury outside his place of work , or disease, if he is in

the age group entitled to a seniority pension and if at least one third of his years of

service has been covered by retirement insurance.

- If the insured is under 3o years of age and his invalidity is caused by an injury at

work, or a professional disease contracted outside the place of work.

- In case of invalidity of an insured under 20 years of age he is entitled to invalidity

pension regardless of the length of his service.

- In case of invalidity of the insured between the age of 20 and 30 he is entitled to

invalidity pension if before invalidity he had at least a total of one year of service, if

it is a better option for him than the solution provided for in the above case.

- The years of service are all full years of service before invalidity of the insured,

counted from the age of 20, 23 for college graduates, or 26 for university graduates

The time of military service after the age of 20 is deducted from the

required number of years of service ( which means that they are practically counted as

years, or months of service) .

In case of invalidity due to injury at work, or occupational disease

invalidity pension of the insured is equal to the seniority pension he would be entitled to

after 40 years of service.

In case of invalidity due to injury, or occupational disease outside the place

of work invalidity pension is determined on the ground of articles 19 and 27 of the Law

on Pension and Disability Insurance, plus :

- to the insured under 55 years of age a bonus of 2|3 of the number of years of service

is added for the period between his age and 55 years and 1\2 of the number of years

of service for the period between 55 and 60 years of age, which is retirement age;

- To the insured over 55 years of age 1\2 of the number of years of service is added

for the period between his age and 60 , which is retirement age.

The years of service may be added up to a maximum of 40 (years of

service).

In determining invalidity pension due to injury, or occupational disease

contracted outside the place of work if the insured is entitled to a bonus of additional

years of service up to his age of 55, or 60, the threshold for his seniority pension is

lowered, on the ground of Article 18, item 1 of the above mentioned Law.

In case of disability partly due injury at work or a professional disease

contracted at work, and partly outside the place of work, the insured is entitled to an

invalidity pension proportionate to his rights (claims) on the ground of the % established

for the former and latter case, but his invalidity pension cannot be higher then his regular

seniority pension had he completed 40 years of service.

In case of invalidity partly due to injury at work, or professional disease

contracted at the place of work and partly due to injury or disease contracted outside the

place of work if the insured is entitled to invalidity pension only on the ground of the

former case, his pension is established on the ground of the % of invalidity due to injury

at work, or occupational disease.

In case of invalidity pension due to health impairment incurable by medical

treatment, or rehabilitation , amounting to 75% of invalidity, the pension is established on

the ground of the % of invalidity, in this case 75%.

Family pension

After the death of the insured the members of his family are entitled to a

family pension in the following cases:

1. if the insured was covered by insurance at least for five years before

death, had at least 10 years of service covered by pension insurance , or if

he had fulfilled all the conditions for seniority or invalidity pension;

2. if the insured was already retired on the ground of age, or invalidity.

Members of the family also have the right to family pension

if :

- the insured died while attending a training course, additional training or re-training

course he was forwarded to by the Employment Agency of the Republic of

Montenegro;

- the insured died as a pupil ,or student during obligatory practical work , professional

practice ,or practical education as part of their curriculum;

- the insured died as an internees while serving his term in a penitentiaries, working in

a workshop, a building site in the penitentiary, etc,;

- the insured died while rescuing victims of disasters and accidents, during military

training , defense campaigns or while performing other tasks connected with the

defense of the country, defined as tasks of public interest, due to injury at work or

occupational disease, regardless of the length of time he was covered by retirement

insurance.

Financial Compensation for Physical (Corporeal) Damage

Physical damage is defined as a loss, serious damage or significant

damage of some parts of the body, or some organs, which jeopardizes

normal functioning of the body and makes normal human activities

strenuous and difficult, regardless of whether it results in invalidity, or

not.

The insured, or person who due to injury at work, or occupational

disease suffered physical (corporal) damage of at least 50% is entitled to

financial compensation. The amount is established by the Rules of

Procedure on Physical (Corporal) Damage (Official Gazette of the R. of

Montenegro, no. 45\04)

Physical (corporal) damage is classified into 6 categories and

compensation is based on the % of damage to be paid out of the

established basic amount, according to the following pattern:

Corporal

damage of

category compensation in %

out the basic amount

100% 1 40%

90% 2 36%

80% 3 32%

70% 4 28%

60% 5 24%

50% 6 20%

Compensation is paid according to the % of the fixed nominal basic amount.,

updated every six months of the calendar year.

In July 2005 it amounted to 120.46 E. and is in vigor for the whole 2005.

The Procedure for Using the Right to Retirement or

Invalidity Insurance

The procedure is initiate by the insured, his employer or at the proposal of

the medical institution treating the insured

The procedure for financial compensation for corporal damage is initiated

by the insured, namely the user of that right, on the ground of the relevant medical

documentation.

The procedure for financial compensation for corporal damage may also be

initiated ex officio, on the ground of the expert’s opinion on invalidity, testifying about

the case before court, and should be in line with the General Act of the Pension and

Invalidity Fund.

The request should be accompanied with the relevant medical documentation

, certificate on employment at a given place of work, report on the injury at work ( if the

injury produced corporal damage) and a photo copy of the employment booklet.

The required medical documentation should be provided by the Medical

Institution authorized by the Pension and Invalidity Insurance Fund , namely by the

state body responsible for public health.

Mandatory pension, invalidity and health insurance is covered by the employer

and the employed.

Table of Mandatory Contributions for Social Insurance

According to the Laws and Regulations of Montenegro

Employer Employed

Pension and Disability

Insurance

Fund of Montenegro

9,60 % 12 %

Health Insurance Fund

of Montenegro

6 % 7%

Employment Institute

of Montenegro

0,5 % 0,5 %

The authorized

Employers’

Org. of Montenegro

0,22 %

The Trade Unions of

Montenegro

0,20 %

On the ground of a total collective insurance amount the percentage is

determined in view of risk assessment ( there are 3 degrees of risk) involved in the

overall activity of the employer ( not the number of risky working places) and this

percentage ranging between 0.5 and 10 euros per employed is paid, on a monthly basis,

to the insurance company. This contribution covers insurance against death due to

illness, natural death, permanent disability (invalidity), medical treatment expenses and

part of the salary. For a premium of 0.50 euros a month per employed the insurance

company covers the expenses up to about 1 000 euros.

Pension and Invalidity Fund of the Republic of Montenegro is duty bound

to submit regular Annual Reports, for the previous year not later than January 31 of the

following year, containing all data on injuries at work, occupational diseases, diseases

connected with work and the number of disabled (invalids) due to the above mentioned

factors and also, upon request , provide these data on a monthly basis.

According to the Rules of Procedure on Occupational

Diseases (Official Gazette of the Federal Republic of Yugoslavia, no. 16\97) Montenegro

has approved a list of 56 recognized occupational disease for which compensation is paid

on the ground of medical documentation and the above described procedure.

Asbestosis is not on the list of occupational diseases because asbestos is

not used in Montenegro.

3.7. Information on OSH

The employer is duty bound to inform the employed and their

representatives about the possible risk, enable them to make a risk

assessment at every working place and acquaint them with all OSH

decisions which should be implemented in view of eliminating, or

decreasing risk to an acceptable level.

In Montenegro their is no legal decision on mandatory collecting

data on OSH. Actually, it is one of the requirements the Labor Inspection

insists on in its regular reports on the activities of labor inspectors in the

field, published in mass media in Montenegro and put up on Internet Site of

the Government of Montenegro. An NGO on Safety at Work used to

publish a magazine ZASTITA NA RADU( SAFETY AT WORK), defunct

in 2004 due to lack of funds.

Official contacts with ILO are maintained through the Ministry of

Health , Labor and Social Care which is, as an institution, responsible for

this communication.

Through the European R&D Agency, active in Montenegro, we have started

cooperation with EU institutions in charge of OSH. Namely, this Agency has

contacted our Labor Inspection and through its kindness the references of our Labor

Inspection have been circulated to the relevant European institutions.

Till recently in Montenegro we had a Ministry for European

Integration ( Its Minister is now Vice Prime Minister for European

Integration). The Ministry was in charge of disseminating information on

EU legislation, launching various initiatives, tapping possibilities for

funding given projects, etc. In Montenegro the main source of information

on OSH are bulletins, brochures, papers from seminars and Internet.

Information on OSH standards in Montenegro may be found on

the site of the Ministry of Health, Labor and Social Care ,

www.mzdravlja.vlada.cg.yu, www.minrada.vlada.cg.yu , or

Assocoation for Safety at Work, www.uznr.cg.yu.

3.8. Specialized Technical, Medical and Research Institutions Connected

with Various Aspects of OSH

There are no special courses on OSH organized by the universities, or

other institutions, in spite of the legally binding provision that “ OSH has to

be included in general professional education and training for pupils and

students at all levels and in all professional sectors.” Graduate OSH

engineers employed with the Labor Inspection, or companies in Montenegro

have all graduated from the Faculty for Occupational Safety, in Nis (Serbia),

in Tuzla, or Banja Luka (B&H). Other specialists responsible for OSH are

mostly graduate electrical, mechanical metallurgical and civil engineers, etc.

but there are also some lawyers among them. Employers in Montenegro are

entitled to designate a professionally qualified person from the company to

carry out OSH tasks, if he, or she meets the legal requirements, namely if

he, or she is a university graduate, has at least one year of professional

experience and the professional exam required by the Ministry of Health,

Labor and Social Care. So far 75 such professionals have taken this exam at

the Ministry of Health and they posses the Certificate (License) authorizing

them to carry out OSH tasks. At the Mechanical Faculty in Podgorica there

is a Quality Control Center which organizes the so called schools on

quality control. Some of the subjects on their curriculum deal with the

implementation of OSH standards.

- YU INSTITUTE OF R&D IN OSH has been founded in

Podgorica, but in its initial stage it only conducts research in the fields

specified by the Ministry of Health, Labor, and Social Care. We have also

founded a YU CENTER FOR ECOLOGICAL AND TOXICOLOGICAL

RESEARCH OF MONTENEGRO, in Podgorica , which, among other

things, is also licensed for evaluation of condition in the working

environment. Very soon it will complete construction of its own nuclear

material storage space.

- Institutions under item 3.4 are also licensed for preliminary and periodical

inspection of the means of work, equipment and installations, as well as conditions

prevailing in the working environment with regard to OSH. Some of them are also

licensed for risk assessment at the place of work, but no by law on the methodology

and procedure of risk assessment has been adopted so far. If a laboratory test for risk

assessment is necessary the licensee may assign another licensed organization, or

laboratory, to do carry out the required test, on the ground of a previously signed

contract specifying the field of cooperation and mutual rights and responsibilities. At

the Mechanical Faculty of the University of Montenegro, in Podgorica, there is a

Quality Control Center.One of its tasks is implementation of Safety standards (CE

sign) for products.

- In Montenegro, opening of the Institute of Standardization and Metrology

is pending.

- An Association for OSH was founded in Montenegro, in the year 2000. It is

a voluntary, social, professional, non-governmental, humanitarian, non-profit and

non-political association of experts with the task to develop activities aimed at

promotion of OSH and improvement of conditions in the working environment.

Every year, in cooperation with the Ministry of Health, Labor and Social Care of

Montenegro, the Chamber of Commerce of Montenegro, the Employer’ Union of

Montenegro and the Trade Unions of Montenegro this Association for OSH

organizes one seminar with participation of foreign guest speakers, devoted to OSH

problems. Moreover, the Chamber of Engineers of Montenegro has an OSH Section

whose members are experts in OSH.

3.9. Coordination and Cooperation

Exchange of information is the field in which the interested

Ministries, Agencies and Organizations closely cooperate. When it comes

to a problem connected with OSH the relevant parties are the Ministry of

Health, Labor and Social Care of Montenegro, on the one hand, and

Labor Inspection for that relevant field, on the other.

3.10. State of the Art and Recommendations

Montenegro urgently needs a body, and independent Council, or

Agency responsible for OSH, which was actually envisaged in the draft

OSH Law, but the Secretariat for Legislation rejected that provision on

the ground that it would increase the number of employed in state

administration. Moreover, the legal system of Montenegro does not

provide for the establishment of an inspection body on the state level,

outside the state administration. This means that an independent Council,

or Agency for OSH could only be active in drafting OSH standards and

may be in the public information field. The Trade Unions of Montenegro

call for a national OSH strategy which would provide guidelines for

future development in this field. In the on going reform process such a

document is absolutely indispensable. The Employers’ Union of

Montenegro would like to create an independent tripartite body for

monitoring, inspection, analysis and collecting information for national

and international institutions. Reform of the retirement and invalidity

insurance system is an urgent task( the process is under way), because at

the moment it functions on the basis of “ solidarity among generations”

with 25% of users of invalidity pensions. The reform of Labor Legislation

is equally urgent because, if the employed is not fit for his place of work

and if the employer has no possibility to transfer him to a place of work

suitable for his, or her remaining abilities, and , on the other hand if he, or

she does not fulfil conditions for invalidity pension, he, or she may be

laid off as redundant worker. In that case he, or she would be entitled to

use the rights provided for in the collective agreement and be remunerated

a given amount for each year of service .

4. SOCIAL PARTNER AND OSH

4.1 Social Partners and their OSH Programs

4.1.1 Employer’s Unions

According to the Labor Law an Employers’ Union is representative if its

members employ at least 25% of employed in the economic sector and if their share in

the GNP is at least 25% of the GNP of the Republic of Montenegro.

The Employer’s Union should be registered with the Ministry responsible for

labor, for evidence.

The Ministry of Labor defines the registration criteria required for the status of a

representative employers’ union.

If no one of the existing employers’ union meet the requirements individually

they may sign a collective agreement and be registered on that ground.

In Montenegro there is a number of employers’ associations and unions with a

smaller membership, which according to the Law of Montenegro, cannot be registered as

representative ( in their programs they do not envisage social dialogue , but only strive to

create and secure a favorable climate for their business) The Employers’ Union of

Montenegro (UPCG) is the only representative organization of this kind in Montenegro,

with its 700 individual and 30 collective members ( municipal and local associations),

with participation of 85% in the GNP and employing over 50% of labor in the economic

sector. By its official Act the Ministry of Labor and Social Care of Montenegro has

recognized the Employers’ Union of Montenegro as a representative employers’

organization.

The Employers’ Union of Montenegro has neither a special sector, nor staff

exclusively dealing with OSH , but it is very interested in OSH and actively participates

in all activities in this field.

The Employers’ Union of Montenegro is using its best efforts to make its

members aware of the importance of OSH and implementation of its standards in

practice. It also keeps its members regularly informed about OSH questions, to the best

of their technical and personnel abilities. The Employers’ Unions also cooperates with

ILO and IOE on OSH questions.

4.1.2. Workers’ Organizations

The Trade Unions of Montenegro is the legal representative of the employed

(workers).According to available data in 2002 it counted 102 174 members and in 2007

the of numbers fell to 60 000 ( the figure presented to the Congress), the criteria being the

paid membership fee. Unfortunately, reliable data are not yet available since the

verification procedure is under way. The number of employed organized in trade unions

is still high, amounting between 60 and 70%. These 60 000 members are registered on

the ground of paid membership fee which is their fundamental commitment envisaged in

the Statute. On the other hand, their are some branches which are not disciplined in this

regard, which means that the membership exceeds the above mentioned figure of 60 000.

As an organization of the employed (workers) in its Head Office the Trade

unions of Montenegro among others, also have specialists in OSH.

The Trade Unions of Montenegro have teachers (trainers) on their permanent

staff and also engage guest teachers to train the employed in OSH. Actually the task of

these teachers (trainers) from the Head Office is to provide education in the

implementation of OSH Law to the members of all Trade Unions in the branches, in

Montenegro who, in turn, train the employers and the employed to correctly implement

all measures provided for in that Law. In 2006 five trade unions in the branch organized

several day training courses in this field, on the following topics:

- The employer’s responsibility for OSH and the role of the trade union representative

in the implementation of OSH in practice;

- Professional risk assessment and adoption of the Risk Assessment Act;

- How to motivate the employers and the employed to correctly implement OSH

measdure, and

- Prevention of occupational diseases and diseases incurred by work.

OSH program involving all three social partners ( the Government of

Montenegro, the Employers’ Union of Montenegro and the Trade Unions of Montenegro)

is actually a continuous annual program entitled:” OSH as a Way to Successful

Business”. Its purpose is to select the best companies and individuals most successful in

OSH. The conditions of this drive (competition) are very strict and experts in the

profession closely monitor how they are met.

Optimal OSH means full implementation of OSH Law and all other OSH

rules and regulations at the place of work, in the working space and in protection of

natural environment.

For the Trade Unions OSH in practice is one of its priorities, but due to lack of

financial means trade union activities in this field are rather limited.

The employed get most information on OSH from OSH Law, Labor Law, Law

on Health Insurance, collective agreements and other rules and regulations pertaining to

this field and through training provided by the employers, or organizations licensed for

this activity. Depending on the kind of activity training programs consist of 3 to 25

school hours.

According to OSH Law it is the duty of the employer to secure OSH on the

ground of the following written documents:

- the General Act on OSH ;

- the Employment Contract;

- a Training Program in OSH for the Employed ,and

- a Risk Assessment Act at the Working Place.

The employer is duty bound to make the employed familiar with these documents..

The employer’ s Act on OSH must be in line with the Law and other regulations

on OSH and covers all questions regarding OSH, except those specified in the collective

agreement

The employer secures and implements all prescribed OSH measures aimed at

protecting the lives and health of the employed and the working and natural

environment .

During work the employed have to implement the prescribed OSH measures.

The employer must have a Risk Assessment Act for each and every place of

work with regard to all possible risks and damaging effects on the employed and the

working and natural environment and secure the measures for eliminating these risks

and damaging effects.

4.2. Participation on the National level, on the Level of the Sectors

and on the Level of Companies (Enterprises).

4.2.1. Participation in the Tripartite OSH Committee

4.2.2. Tripartite OSH Committee

In Montenegro there is neither a Tripartite OSH Committee, nor a

bipartite organization of the employers and employed, or their advisory

committee, on the national or regional level, or on the level of sectors

4.2.3. Participation in the Implementation of OSH on the Level of the

Company (Enterprise)

According to the Labor Law of Montenegro the task of trade union

representatives is to participate in:

- Providing complete information on OSH ;

- Planning and programming OSH measures;

- Assessment of risk involved in the places of work;

- Providing additional information on the places of work with increased risk and risk

of accidents, and

- Making suggestions to the employer on how to improve OSH.

Moreover, according to OSH Law of Montenegro the employer is duty bound

to consult the trade union representative on OSH issues.

- According to that same Law the employed and trade union representatives are

entitled to set up various committees, working groups, councils of the employed, etc.,

in view of implementing and improving OSH measures.

Although not numerous, such existing organizations and groups have achieved

good results in their work within bigger economic systems. They do not exist in SMEs.

The employer is duty bound to organize and conduct professional OSH

activities, depending on the organization, nature and volume of the working process,

number of employed involved in that process, number of shifts , risk assessment and

number of dislocated units. For that purpose the employer may:

- Organize a professional OSH service;

- Assign a person responsible for OSH;

- Engage a licensed legal entity, or physical person to carry out these tasks.

A professional service, or an individual appointed, on the ground of the

employer’s written decision, to take care of OSH is directly responsible to him (the

employer).

It is the duty of the employer to enable the professional service, or individual,

to carry out all OSH tasks independently and without external influence, in line with

the Law, and make available all relevant data.

It also the duty of the employer to provide further professional training to the

members of a professional OSH service, or individuals who are his employees.

The employed professionally responsible for OSH and the organizer of the

working process , before being assigned to this job, have to take a professional exam

in OSH , subject to professional verification every five years, depending of the nature

of business activity.

These professional exams are taken according to the methodology and

procedure established by the Ministry of Health, Labor and Social Care.

The employed (workers ) of a company (enterprise) may have their own trade

union organization and their representative who, in addition to carrying out his

regular activities is also involved in OSH and their workers’ council (council of the

employed).On the other hand, they are not legally bound to set up their own OSH

committee ( except if “committee” actually means one of the above mentioned bodies

responsible for OSH).

The workers’ council (the council of the employed) is entitled to:

-Express opinion on all questions connected with OSH;

- Request the implementation of the prescribed OSH measures in case they are

neglected;

-Request inspection in case the employer has not secured the implementation of the

prescribed OSH measures and be present during inspection;

- Have regular insight into the records kept and reports filed, as provided for by OSH

Law;

- In case of injury with a lethal, or serious issue request the employer to submit him a

report on the causes of such injuries.

The employer is duty bound to cooperate with the Council of the Employed,

or a legal representative of the employed, react in time to their remarks and meet their

requests.

According to OSH Law the employer is duty bound to inform the employed, or

his representative about:

- OSH risks and the protection and prevention measures an activities undertaken with

regard to each and every such place of work and working process;

- The way First Aid in case of injury at work, fire protection and evacuation of the

employed in case of pending serious threat to safety are organized and who the

individuals in charge of these tasks are;

- Their rights in the field of occupational medicine, hygiene at work and ergonomy;

- Threats to health at work, and

- Plans, measure and decisions which could have a negative effect on the health of the

employed, due to air pollution, noise or vibrations at the place of work;

The employer is also duty bound to inform about the above mentioned aspects

all employed working for him as his subcontractors

The employer is duty bound to inform the representative of the employed

about their legal rights and responsibilities with regard to OSH , by:

- Providing him with a list of feasible occupational accidents in case the employed is

not able to work (is absent) over three working days;

- Providing him with the reports on former professional accident;

- Involving him in the risk assessment procedure with regard to OSH , in risk

assessment procedure for groups exposed to special risks and in the decision taking

process on the measures to be implemented in this regard;

- Providing him with all written decisions taken by OSH inspectors and other

professional bodies, or professionals responsible for OSH with regard to previous

implementation of OSH measures;

The employer and the employed, or their representative (s), are duty bound to

cooperate in the procedure of determining their rights and responsibilities on the

ground of OSH Law;

The employer is duty bound to consult the employed, or their representative

(s) and the representative(s) of the Trade Unions and facilitate their participation in

all discussions on OSH issues, particularly with reference to:

- The measures which may have a negative effect on OSH, by appointing

professionals responsible for OSH and occupational risk prevention , for first aid ,

fire prevention and rescuing ;

- Risk assessment with regard to OSH , implementation of OSH measures, the list of

possible injuries at work and reports on injuries at work and connected with work;

- Employing legal entities, or individuals licensed for OSH, and

- Planning and organizing OSH for the employed, organizing training of the employed

in OSH and verification of their competence in OSH .

In the Collective Agreement the employer must guarantee the right to the

representative of the employed to, during inspection, openly share his remarks on OSH

with the OSH inspector..

In the Collective Agreement the employer also determines the way in which

information on OSH are exchanged, collective insurance of the employed secured and

the way in which the procedure of determining injuries at work is conducted, in line with

the Law.

The Collective Agreement at the company (enterprise) level is signed by the

employer and the Trade Union.

4.3. OSH and Collective Negotiating

Collective Agreements determine the rights and responsibilities of the

employed and the employer in the sphere of work and their mutual relations,

in line with OSH Law.

A Collective Agreements is implemented directly.

A Collective Agreement may be: general, for a given branch (profession)

and individual (collective agreements with the employer).

The general collective agreement is concluded between the authorized

representative body the Trade Unions of the Republic of Montenegro, the

authorized representative body of the Employers’ Union of Montenegro and

the Government of the Republic of Montenegro and it applies to all

employed and all employers.

The general collective agreement ( Official Gazette of the Republic of

Montenegro, no. 01\04) concluded in December 2003 contains a special

chapter on OSH, which provides for all responsibilities of the employed and

the employed in this regard, including risk assessment, adoption of an Act

on OSH and collective insurance for the employed.

Collective agreements in the branch are concluded for different

branches of activities, groups and subgroups carrying out business activities

on the territory of the Republic of Montenegro and apply to all employed

and employers in given branches, groups, or subgroups.

At the level of the sector collective agreements in the branch

contain only one article on OSH . In collective agreements in the branch

only two article are devoted to information and health protection.

The amount of 0.33% to be earmarked for insurance out of net

salary (for education and culture) is specified only in two out of fifteen

collective agreements. In collective trade union agreements in the branch the

amount earmarked for insurance is determined in a separate agreement.

Eleven collective agreements which do not deal with insurance at

all envisage that this aspect should be dealt with in individual collective

agreements. OSH boards are envisaged in the collective agreements on

health.

Except in education, health care for the employed is envisaged in

trade union collective agreements in the branch, in case of illness,

rehabilitation and treatment, which is not covered by the General Collective

Agreement.

In 9 out of 15 trade union collective agreements per professional

branch assistance in the above cases is optional and in 5 obligatory. In

education this kind of assistance is not envisaged.

At the national level, the General Collective Agreement, in the

chapter entitled :”Conditions for Trade Union Activities” stipulates that the

employer has to pay not less than 0.2% from the gross salary, or wage, of

the employed to the Insurance Fund of Montenegro for Social Care,

prevention of invalidity from work, recreation of the employed and all

investments in that regard.

The collective agreement with the employer applies to the employed

with that particular employer and its validity (function) is almost the same as

that of the General Act on OSH.

If the collective agreement with the employer has not been

concluded the collective agreement for the respective professional branch is

automatically implemented. In case that it does not exist either then the

general collective agreement is to be implemented.

Risk Assessment

The employer adopts a General Risk Assessment Act on all kinds of

threats the employed is exposed to at his, or her place of work and in the

working environment and envisages the ways and means to eliminate them.

If new threats and risks emerge the employer is duty bound to amend his

General Risk Assessment Act and envisage new ways and means for

eliminating these new problems.

OSH Act

The employer is duty bound to adopt an OSH Act which has to be in

line with the OSH Law and all relevant regulations on OSH, except for the

cases which, according to OSH Law, are covered by the collective

agreement with the employer.

Collective Insurance of the Employed

The employer is duty bound to insure his employed against

injuries at work, occupational diseases and diseases incurred by work.

The insurance premium is to be covered by the employer and it

depends on the degree of risk of injury at work, occupational diseases or

diseases incurred by work.

A special law provides for the conditions and procedure of insurance

against injury at work, occupational disease ,or disease incurred by work.

It means that negotiations are conducted on three levels: local, of

the sector and national.

4.4. SUMMARY

4.4.1. Summary of individual employer responsibilities

Does the employer have the responsibility to: provided for in

law? (yes/no)

generally taken up

in practice?

(yes/no/sometimes)

- establish an OSH policy? Yes

- implement preventive and protective measures? Yes

- provide safe machinery and equipment? Yes

- use non-hazardous substances? Yes

- assess risks and monitor them? Yes

- record risks and accidents? Yes

- report occupational accidents and diseases to

the competent authority?

Yes

- ensure health surveillance of workers? Yes

- inform workers on hazards and the means of

protection?

Yes

- consult with worker representatives on OSH? Yes

- educate and train workers? Yes

- establish joint OSH committees? Yes

4.4.2. Summary of workers' rights and duties

Does the worker have the: provided for in

law? (yes/no)

generally taken up

in practice?

(yes/no/sometimes)

- duty to work safely and not endanger others? Yes

- right to compensation for hazardous work (e.g.

hazard pay, reduced working time, earlier

retirement, free foods and drink to combat the

effects of exposure to hazards)?

Yes

- right to be kept informed about workplace

hazards?

Yes

- right to be provided with personal protective

equipment and clothing?

Yes

- right to incur no personal costs for OSH

training, personal protective equipment, etc?

Yes

- duty to make proper use of personal protective

equipment?

Yes

- right to select worker OSH representatives? Yes

- right to remove themselves from danger in case

of imminent and serious risk to health?

Yes

- duty to report to the supervisor any situation

presenting a threat to safety?

Yes

4.4.3. Summary of worker OSH representatives' rights and responsibilities

Do worker OSH representatives have the right to: provided for

in law?

(yes/no)

generally taken up

in practice?

(yes/no/sometimes)

- inspect the workplace for potential hazards? Yes

- investigate the causes of accidents? Yes

- investigate complaints by workers relating to OSH or

welfare?

Yes

- participate in risk assessments and access to

information concerning risk assessments?

Yes

- call in the authorities responsible for OSH inspections? Yes

- participate in/submit observations to inspectors during

inspection visits to the work site?

Yes

- information given by inspection agencies responsible

for OSH?

Yes

- access to the list of accidents and diseases and reports

of these in the enterprise?

Yes

- access to records the employer is obliged to keep? Yes

- receive information and consultation by the employer

in advance concerning measures which may substantially

affect OSH?

Yes

- consultation in advance concerning the designation of

workers or hiring of external services or persons with

Yes

special responsibility for OSH? Yes

- submit proposals to the employer with a view to

mitigating risks and/or removing sources of danger?

Yes

- appropriate training during working hours? Yes

- facilities and time off with no loss of pay to be able to

carry out their duties as OSH representatives?

Yes

- attend meetings of the OSH committee? Yes

- access to outside experts? Yes

- stop dangerous work on behalf of workers? Yes

4.5. State of the Art and Recommendations

All social partners in Montenegro agree that a Joint OSH Committee

should be established, since in Montenegro there is neither a tripartite OSH Committee,

nor a bipartite organization of the employers and employed at the national, regional or

sector level. The task of this Joint OSH Committee should be to identify and assess health

and safety risks for the employed and recommend measure for keeping risks under

control.

The role of the employed is very important in securing health and safety at the

place of work, because it is in his, or her personal interest. The Trade Unions of

Montenegro believes that this Joint OSH Committee would be the right place for

involving the employed in OSH. This Committee would be in charge of a wide range of

activities, including gathering information, participation in inspection, risk assessment,

investigation and testing. This Committee would actually be a place where the employers

and the representatives of the employed would jointly work on risk assessment and risk

control within OSH. It is, therefore, indispensable to involve the employed in all

activities connected with their place of work. The Employers’ Union does not have a

service specialized in OSH, although it fully supports all efforts to overcome these

problems. Setting up of a tripartite body , as provided for in 3.10, would not only

significantly promote OSH, in general and in each individual case, but also improve

cooperation between and among social partners in this field.

5. Regular and Current OSH Activities

5.1. OSH Promotion Programs and Activities

In the last five years of its intensive cooperation with the international

organizations dealing with OSH Montenegro has adopted the OSH Law and seven by

laws, has organized training courses for inspectors according to EU standards ( we

would like to take this opportunity to particularly commend the assistance we got from

Labor Inspection of France and Labor Inspection of Slovenia).These activities have

made both the employers and the employed increasingly aware of the importance of

OSH. Also, the Government of Montenegro, the Employer’ Union of Montenegro and the

Trade Unions of Montenegro jointly organize seminars and round tables with

participation of foreign experts, award prizes to individuals and companies for

achievements in OSH , the atmosphere for implementing OSH measures and standards is

favorable, the Ministry of Health, Labor and Social Care of Montenegro issues licenses

to organizations specialized in OSH, which is a guarantee of the quality of their work,

and a Manual for professional exams in OSH has been published so that a great number

of individuals involved in OSH can now take this exam. OSH standards of the employed

have increased, the number of unregistered workers decreased and work on risk

assessment at the place of work, according to standards, has been intensified in the last

few years

On the other hand, we note with regret that much has not been done within

regular activities to enhance public awareness by organizing annual events like OSH

Days or OSH Weeks, e.g. the EU OSH Week in October and ILO – WORLD DAY

ORGANIZED on the 28-th of April.

Many companies (enterprises) in Montenegro are introducing, or have already

introduced ISO 9 000, ISO 14 000 and ISO 18 000 standards.

5.2. International Training Courses and Technical Cooperation

Directly Involving OSH.

For the last five years the Ministry of Health, Labor and Social Care of the

Republic of Montenegro (former Ministry of Labor and Social Care) has not received a

single donation for OSH from any international organization, or agency.

The representatives of the Ministry of Health, Labor and Social care of the

Republic of Montenegro have attended meeting and seminars devoted to OSH ,

organized by ILO and other organizations and foreign ministries.

The former Ministry of Labor an Social Care of the Republic of Montenegro

has signed and Agreement on Cooperation with the French counterpart ( Ministry),on the

ground of which a Labor Inspection delegation from Montenegro and a French Labor

Inspection have exchanged visits devoted to collecting information on inspection, risk

assessment methodology ,etc. Unfortunately, except professional books, so far, we have

not received any technical, or financial donation from the French Ministry of Labor.

Also, no international organization, or agency has so far granted any donation

for OSH to the Employers’ Union and the Trade Unions of Montenegro.

5.3. State of the Art and Recommendations

Increasing awareness of OSH importance is a primary task in Montenegro.

For that purpose professional and financial assistance from any of international

organizations is more then welcome. Social partners are of the opinion that greater

attention should be devoted to regular monitoring of the implementation of OSH

standards. We need professional assistance in drafting risk assessment standards and

their implementation. This kind of cooperation was initiated through exchange of visits

between the Labor inspection of Montenegro and the Labor inspection of France, when

valuable information were collected on OSH standards, organization of labor inspection,

monitoring, risk assessment methodology, etc., but, except in technical literature,

Montenegro has not received any kind of concrete technical or financial donation form

the French Ministry of Labor. Unfortunately, their risk assessment methodology is

specifically French, implemented in France only, and not recognized worldwide.

Financial means (funds) are indispensable for promotion of OSH in the media , in order

to enhance the awareness of its importance on the national level. It is equally important to

organize events like OSH DAYS or OSH WEEKS and set up a data base on OSH .The

Trade Unions of Montenegro deem crucial continuous cooperation between

professionals, organizations and institutions responsible for OSH, on the one hand, and

the social partners, employers and the State in all fields of safety at work, at all levels and

in all places , in view of making work, the working and human environment more

humane.

In view of its importance, meetings and round tables on OSH should become

traditional, organized on a regular basis and rather frequently. Such meetings would also

produce highly competent professional studies on occupational risks and diseases,

prevention, organization of OSH at the place of work, etc.

In view of pending integration of Montenegro in the EU ,which implies

implementation of all its achievements and standards in all walks of life, protection of life

and health of the employed must become the first priority in the work of all social

partners.

6. Results Achieved in OSH

6.1. Files and Reports on Injuries at Work and Occupational

Diseases

According to OSH Law the employer is duty bound to

immediately, and not later than 24 hours after the accident, file a

written report with the Labor Inspection on every lethal, or serious

injury at work and every phenomenon threatening safety and

health of the employed. In case of a lethal, collective or serious

injury the OSH inspector is duty bound to conduct investigation on

the spot. After having gathered all relevant data the OSH inspector

should write a Report on whether the prescribed OSH measures

that affected the injury have, or have not been implemented and

submits that Report to the relevant Court. The Court may call the

OSH inspector to witness before Court at the hearing, or give his

professional opinion on the case. Labor Inspection keeps files on

all performed inspections. The OSH inspector is not entitled to

investigate the accident (lethal, serious or collective injury) in case

the employer has not reported it within the deadline provided for

by the Law, but he may issue a written decision to eliminate the

deficiency, or even file with the Court a charge for violation of the

rules, or a criminal charge against the employer. The latter case is

rather rare because not only OSH inspectors but also investigating

judges and police investigators investigate such accidents. In the

case when the employer did not report the accident all involved

responsible bodies investigating the unreported accident are in

contact and exchange information. Within not later than 24 hours

of the moment he learned about the accident the employer is duty

bound to make a report on the injury. The injured receives from

the company (enterprise) a filled out form on the injury, or the

company sends it (the filled out form) to the medical institutions

which provided medical treatment to the injured.

The Report on the injury at work is made in 4 copies The

Report on the injury at work with all data provided for by the Rules

of Procedure of the company (enterprise) is to be submitted, 3 days

upon injury at the latest, to the Health Insurance Fund with which

the injured is insured and which guarantees him all the rights

provided for in the health insurance regulations.

Two copies of the Report go to the administration of the

Health Insurance Fund, a two others are sent to the company, one

for the company’s files and the other for the injured , or his

family. It is a legal obligation of the Heath Insurance Fund of the

Republic of Montenegro and the Pension and Invalidity Insurance

Fund of the Republic of Montenegro to submit to the Ministry of

Health, Labor and Social Care of the Republic of Montenegro all

data on the injuries at work, occupational diseases, diseases

incurred by work and invalidity due to work for each calendar year,

not later than January 31 of the following year.

INJURIES AT WORK ARE EVIDENCED, BUT NOT AS

EFFICIENTLY AS IT SHOULD BE. ON THE OTHER HAND,

THERE ARE NO DATA ON OCCUPATIONAL DISEASES

AND DISEASES INCURRED BY WORK. In the forthcoming

period data collecting procedure will be analyzed between and

among the bodies responsible for this field, which, otherwise, have

developed good mutual cooperation.

The system covers all employment sectors.

6.2. Statistics relating to occupational accidents and diseases

Indicator Value Unit e.g:

per 100,000

employed or

% or per

million

hours

worked

Year Trend

(increasin

g/

decreasing

/ stable)

Fatal accidents 5** 2.79 per

100 000

employed.

2006

Injury at work (resulting in more than 3

days absence)

70* - 2006

Compensated workplace accidents - - - -

Commuting accidents 15* - 2006 -

Serious work accidents causing

disability of over 30 days

39* - 2006 -

Notified occupational diseases (total) - - - - Compensated occupational diseases - - - - Repetitive strain injuries - - - - Noise-induced hearing loss - - - - Respiratory diseases - - - - Skin diseases - - - -

*Health Insurance Fund of the Republic of Montenegro and Pension and Invalidity Fund

of the Republic of Montenegro, responsible for official data collecting on injuries at

work, occupational diseases and diseases incurred by work, in 2006 submitted to the

Ministry of Health, Labor and Social Care of Montenegro only from 2 out of 21

municipalities in Montenegro.

**Data provided by the Labor Inspection of Montenegro.

6.3. Indicators of working conditions

Please ask the social partners and government agencies for their opinions on the

following potential hazards and summarise their views in this table. Highlight in bold

those considered a priority for action regarding regulation or awareness-raising

campaigns, etc.

Indicator widespread

serious

problem

serious

problem

for some

workers

moderate

problem

minor

problem

not a

problem

exposure to noise above legal

limit (please indicate legal

limit)

- - - - -

exposure to vibration - - - - - exposure to radiation

(ionising) - - - - -

exposure to high temperatures - - - - - exposure to low temperatures - - - - - breathing in dangerous vapours,

fumes, dusts, infectious

materials, etc.

- - - - -

handling or touching dangerous

substances or products - - - - -

exposure to asbestos - - - - - exposure to pesticides - - - - - inadequate lighting - - - - -

regular exposure to solar

radiation (e.g. in construction

work)

- - - - -

painful or tiring positions - - - - - lifting or carrying heavy loads - - - - - repetitive hand/arm movements - - - - - non-adjustable workstations

(e.g. work bench, desk, chairs,

etc.)

- - - - -

working at high speed - - - - -

working to tight deadlines - - - - -

stressful work - - - - -

changing work organisation - - - - -

working time - - - - -

6.4. State of the Art and Recommendations

Injuries at work are evidenced, but not sufficiently. For occupational diseases

and diseases incurred by work there are no reliable data. The Health Insurance Fund of

the Republic of Montenegro and the Pension and Invalidity Insurance Fund have a legal

commitment to submit annually to the Ministry of Health, Labor and Social Care all data

on the injuries at work, occupational diseases, diseases incurred by work, for the previous

year, not later than January 31 of the following year and also upon request make these

data available on a monthly basis. Unfortunately, this legal commitment is not honored,

or honored only partially. For 2006 only 2 out of 21 municipality in Montenegro

submitted reliable statistical data to the Ministry of Health , Labor and Social Care , and

data from two other municipalities were useless. However, all data provided refer to

injuries at work only. Official data on occupational diseases and diseases incurred by

work were not provided for 2005 ( only unofficial).Therefore the trend (increase,

decrease or stable) could not have been established . According to Labor Inspection

evidence in 2006 OSH inspectors conducted 32 inspections of lethal, massive and serious

injuries ( five of them lethal).Employers avoid to report lethal, massive and serious

injuries at work and tend to make private arrangements with the family of the victim (s)

on financial compensation. The Trade Unions of Montenegro support the idea of

developing a strategy of training the employed for identifying and reporting threat of

injuries and occupational diseases at work, and not only react after the accident, which is

usual practice. The possible causes of accidents and injuries must be identified and

analyzed in order to take efficient prevention measures. The Employers’ Union of

Montenegro does not have a professional service responsible for OSH, nor do they collect

such data. Therefore, the Employers Union of Montenegro is not in a position to provide

any of such data, nor make comments with regard to OSH in Montenegro.

7.1. Demographic data

Geographically, Montenegro is situated in Southeast Europe. Until May 2006 it

was part of the State Union of Serbia and Montenegro, when after the referendum, it has

renewed its statehood. Now Montenegro is an independent state.. Its political system is

parliamentary Republic.

Surface (km2) 13 812

Agricultural surface ( km2 \%) 5 180 \ 37.50

Arable surface ( km2 \%) 1 888 \ 13.67

Population ( in thousand) 620 145

Capital city Podgorica

Historical capital city Cetinje

No. of municipalities (administrative units) 21

No. of settlements 1256

No. of urban settlements 40

Climate continental and Mediterranean

Official language Montenegrin

Other languages spoken Serbian, Croatian ,Albanian ,

Bosnian

Indicator Value Remarks

Total population (million) 634935 data from October

2005.

Men (%) 57,4 data from October

2005.

Women (%) 42,6 data from October

2005.

Labour force (million) 256659 data from October

2005.

Employed (million) 178815 data from October

2005.

Men (%) 42,4 data from October

2005.

Women (%) 27,6 data from October

2005.

Young workers ≤ 18 years old (million

or %)

120770

in agriculture, forestry, fishing (%) 4,18

in primary production (%) -

in manufacturing (%) 38,95

in construction and energy (%) 4,79

in services 8,69

Active in the informal economy (estimated %) -

Unemployed (million) 77754 data from October

2005

Unemployment (%) 30,3 data from October

2005

7.2 Economic Data

Indicator Value Remarks

Gross National Product (GNP) per capita

(USD)

1 565.1 converted into EURO

Data from 2004

Gross Domestic Product (GDP) per capita

(purchasing power parity in USD)

2.516

GDP produced by agriculture (%) -

GDP produced by industry and construction

(%)

-

GDP produced by services (%) -

Number of enterprises in operation 11656

13090*

data from 2004

(legal entities\

private entrepreneur

( in thousand)

Number of SMEs (less than 50 employees) -

* Entrepreneur is a physical person conducting business by himself , who employs labor

due to a favorable tax policy in Montenegro.

7.3. Health statistics

Data should be based on figures for 2004. Please use the "Remarks" column if the

reference year is different for any of the data.

Indicator Value Remarks

Life expectancy (years) at birth 73,1 3

Men 71,7 3

Women 76,9 3

Infant mortality per 1,000 live births 7,8 3

Standardised death rate (SDR), cardiovascular

diseases, 0-64 years/100,000 107.34

3

SDR, respiratory diseases, 0-64 years/100,000 9.89 3

SDR, cancer, 0-64 years/100,000 80.60 3

SDR, external causes of injury and poisoning,

0-64 years/100,000 28.94

3

Total health expenditure (% of GDP) 105 mil €

Physicians per 1,000 population 2,02 4

Dentists per 1,000 population 0,44 4

Nurses per 1,000 population 6,43 3

3 Annual Statistical Book for 2004 on Health and Health Care in Montenegro, ed. by

Public Health Institute, Podgorica, p.70( data for 2004); Assessment of the number of

inhabitants made by the Statistical Institute of Montenegro. 4 http:\ www.cg.yu\Publikacije, htm ( data for 2005).