Montenegro

In Montenegro, the Law on Safety and Health at Work ("Official Gazette of Montenegro", no. 34/14) is the primary legislation governing health and safety. It outlines the fundamental principles, rights, and obligations of employers and employees regarding workplace safety.

Employer Responsibilities

Employers in Montenegro have extensive responsibilities under this law. They must conduct a comprehensive assessment of workplace risks and hazards and implement measures to eliminate or minimize these risks. Employers are also required to provide appropriate personal protective equipment (PPE) and safety tools to employees, ensuring their proper use. They must ensure employees receive adequate training in health and safety procedures relevant to their job tasks and make safety information easily accessible. Where necessary, employers must provide health examinations and surveillance for employees, particularly those exposed to specific hazards. They also have a duty to report serious workplace injuries or accidents to the relevant authorities and conduct thorough investigations to prevent future occurrences.

Employee Rights

The Law on Safety and Health at Work also provides employees with significant rights. Employees have the right to refuse work they believe poses an immediate and serious danger to their health and safety. They must be informed of workplace hazards and any protective measures in place. They also have the right to consult and participate in health and safety matters through safety representatives or committees. Employees cannot be discriminated against or victimized for exercising their health and safety rights.

Enforcement and Supervision

The Labour Inspection, under the Administration for Inspection Affairs of Montenegro, is responsible for enforcing health and safety laws. Labor inspectors have the power to conduct workplace inspections, issue improvement notices or orders, and impose fines or penalties for non-compliance.

Specific Regulations

In addition to the general provisions of the Law on Safety and Health at Work, various specific regulations provide additional details for particular industries or hazards. Some of these include regulations on safety and health at work on temporary or mobile construction sites, regulations on the protection of workers from risks related to exposure to chemical agents at work, and regulations on fire protection measures for employers.

Occupational health and safety (OSH) in Montenegro is shaped by national legislation and alignment with European Union (EU) directives. The Law on Safety and Health at Work and sector-specific regulations are the primary pieces of legislation that establish the broad framework for OSH principles, responsibilities, and preventative measures.

Hazard Identification and Risk Assessment

Employers in Montenegro are required to systematically assess workplace risks, covering both safety hazards and health hazards. Risk assessments must be documented and updated regularly.

Preventive Measures

Preventive measures in Montenegro include technical and engineering controls, administrative controls, and personal protective equipment (PPE). Priority is given to engineering solutions and technical controls to eliminate or reduce hazards at their source. Administrative controls include policies, procedures, job rotation, and reduced exposure times to mitigate remaining hazards. PPE is a last line of defense when other control methods are insufficient.

Workplace Monitoring and Surveillance

Workplace monitoring and surveillance include exposure monitoring and medical surveillance. Employers must monitor workplace exposures to hazardous substances where specific regulations and risk assessments deem it necessary. Health examinations and periodic medical checks are required for workers exposed to specific occupational health risks.

Emergency Preparedness and Response

Emergency preparedness and response include first aid and emergency plans. Employers must provide first-aid facilities, equipment, and trained personnel appropriate to the size and risks of their workplace. Workplaces must develop emergency plans for incidents like fires, explosions, and chemical releases.

Implementation and Enforcement

The Labour Inspectorate within the Administration for Inspection Affairs of Montenegro plays a crucial role in enforcing OSH standards. The law promotes the involvement of workers and their representatives in identifying hazards, developing safety measures, and participating in OSH committees.

Challenges and Improvements

Despite the growing OSH framework in Montenegro, challenges persist. Limited resources and expertise within the inspectorate can sometimes hinder enforcement effectiveness. Implementing and enforcing OSH standards within Montenegro's informal sector presents difficulties. Continuous training and awareness-raising campaigns for both employers and employees are needed.

Workplace inspections play a crucial role in maintaining a safe and healthy work environment. They are conducted by the Labour Inspectorate in Montenegro, under the Administration for Inspection Affairs, with the aim to verify compliance with safety regulations, identify and address potential hazards, provide guidance to employers, and enforce penalties for violations.

Types of Inspections

There are three main types of inspections:

• Routine Inspections: These are scheduled based on risk profiles, industry sectors, and inspection history.
• Targeted Inspections: These focus on specific hazards, industries with high accident rates, or workplaces following reported incidents or complaints.
• Follow-up Inspections: Inspectors conduct re-inspections to verify compliance with previously issued orders or improvement notices.

Inspection Criteria

During inspections, a wide array of occupational safety and health elements are evaluated, including risk assessments, hazard control measures, machine safety, chemical safety, work environment, ergonomics, emergency preparedness, and training and awareness.

Inspection Procedures

The inspection process typically involves an opening meeting, a walkthrough inspection, a document review, a closing meeting, and the issuance of an inspection report.

Follow-Up Actions

Following the inspection, several actions may be taken depending on the findings. These include issuing improvement notices for identified non-compliances, issuing orders for immediate cessation of work in cases of imminent danger, imposing fines and penalties for serious or repeated violations, and conducting re-inspections to ensure compliance with improvement notices or orders.

Workplace accidents are a serious concern and employers in Montenegro have a legal obligation to report them. The reporting procedures vary depending on the severity of the accident. For serious injuries, employers must immediately notify the Labour Inspectorate and relevant emergency services. In the case of fatal accidents, the Labor Inspectorate, police, and the competent state prosecutor must be informed immediately. Employers are also required to maintain a register of all workplace injuries for internal records.

Investigation of Workplace Accidents

The Labour Inspectorate within the Administration for Inspection Affairs is responsible for investigating workplace accidents in Montenegro. The investigation process aims to determine the root causes of the accident, identify preventive measures, and support enforcement actions like improvement notices, fines, or legal proceedings in cases of serious negligence.

Compensation for Injured Workers

Employees who sustain injuries or contract illnesses due to work-related activities in Montenegro are entitled to compensation. The primary sources of compensation are the Health Insurance Fund, which provides medical treatment coverage and temporary disability benefits, and the Pension and Disability Insurance Fund, which offers long-term disability benefits and compensation for occupational diseases in more severe cases. In cases of employer negligence or failure to comply with safety regulations, workers may pursue civil claims for additional damages.

Claim Procedures for Workplace Injuries

Workers should seek immediate medical attention and have their injuries or occupational illnesses properly documented by medical professionals. They should then inform their employer promptly about the work-related injury or illness. Finally, they should submit claims for compensation to the Health Insurance Fund and/or the Pension and Disability Insurance Fund, along with supporting medical documentation.