SAFETY AND HEALTH PROTECTION PROFILE IN MONTENEGRO

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1 Podgorica, februar godine Author: Zlatko Popovic (Popovitch),Graduate Mechanical Engineer, OSH Inspector of the Republic of Montenegro, GSM: zlatkopuznr@cg.yu web site: SAFETY AND HEALTH PROTECTION PROFILE IN MONTENEGRO Podgorica, February 2007.

2 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

3 - 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.

4 THE CONSTITUTION THE OSH LAW BY LAWS III COLLECTIVE AGREEMENTS IV GENERAL ACT ISSUED BY THE EMPLOYER V 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 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.

5 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 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

6 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 reemployment 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

7 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

8 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 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;

10 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;

11 - 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.

12 - 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.

13 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 ); - 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);

14 - 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

15 - 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.

16 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\ 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 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? - prohibition, limitation or other means of reducing exposure? - assessment of risks? - prohibition or limitation of the use of hazardous processes, machinery, substances, etc? - specification of occupational exposure limits? - surveillance and monitoring of the working environment? - notification of hazardous work, and related authorisation and licensing requirements? - classification and labelling of hazardous substances? - provision of data sheets? - provision of personal protective equipment? - safe methods for handling and disposal of hazardous waste? - working time arrangements? - adaptation of work installations, machinery, equipment and processes to the capacities of workers (ergonomic factors)? - design, construction, layout, maintenance of workplaces and installations? - provision of adequate welfare facilities?

17 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

18 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) SUMMARY Degree of compliance with ILO OSH Conventions Convention No: ratified provisions incorporated in national law Provisions used as guidance 155 on Occupational safety and health, on Occupational health services, on Labour inspection, on labour inspection (Agriculture) on Radiation protection, on Guarding of machinery, on Maximum weight, on Benzene, on Occupational cancer, on Working environment (Air pollution, noise and vibration), Intention to ratify in near future

19 on Asbestos, on Safety & health in construction, on Chemicals, on Prevention of major industrial accidents, on Safety and health in Mines, on Safety and health in agriculture, 2001 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 Degree of compliance with EU Directives requirements transposed entirely EU Directives (and their individual amendments) 89/391/EEC "Framework Directive" on OSH 89/654/EEC on minimum safety and health requirements for the workplace 89/655/EEC on use of work equipment partially transposed requirements used as guidance intention to transpose in near future

20 89/656/EEC on use of personal protective equipment 90/270/EEC on work with display screen equipment 90/269/EEC on manual handling 90/394/EEC on carcinogens 2000/54/EEC on biological agents 92/58/EEC on safety signs 92/85/EEC on pregnant workers 92/91/EEC on mineral-extracting industries (drilling) 92/104/EEC on mineral extracting industries 93/103/EEC on fishing vessels 98/24/EC on chemical agents 92/57/EEC on temporary or mobile construction sites 2002/44/EC on physical agents - vibration 2003/10/EC on physical agents - noise 91/383/EEC on temporary workers 94/33/EC on young people 99/92/EC on explosive atmospheres 83/477/EEC on asbestos 2000/39/EC on indicative occupational exposure limits 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.

21 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-7 th 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 ;

22 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 TOICOLOGICAL 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

23 - 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 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)