Health & Safety in Montenegro

Ensuring a safe and healthy working environment is a fundamental aspect of operating in Montenegro. The country places significant emphasis on protecting employees from workplace hazards and promoting well-being, aligning its standards with international best practices and European Union directives. Compliance with national health and safety regulations is not merely a legal obligation but a crucial component of responsible business practice, contributing to employee morale, productivity, and overall business sustainability.

Workplace safety in Montenegro is governed by a comprehensive legal framework designed to prevent accidents, mitigate risks, and respond effectively to incidents. Employers are required to proactively identify potential dangers, implement preventative measures, and ensure that all employees are adequately informed and trained on safety procedures relevant to their specific roles and work environments. Adhering to these requirements is essential for any company operating within the country.

Health and Safety Laws and Regulatory Framework

The primary legislation governing occupational health and safety in Montenegro is the Law on Occupational Safety and Health. This law establishes the general principles, obligations of employers and employees, rights of employees, and the framework for enforcement and inspection. It is supplemented by numerous bylaws, regulations, and standards that detail specific requirements for various industries, types of work, equipment, and hazards.

Key aspects covered by the legal framework include:

• General principles of prevention and risk assessment.
• Requirements for workplace design, equipment, and processes.
• Specific rules for hazardous substances, manual handling, and working at height.
• Provisions for personal protective equipment (PPE).
• Requirements for health surveillance and first aid.
• Rules regarding working time and rest periods from a safety perspective.

Understanding the core law and relevant specific regulations applicable to a particular industry is the first step towards ensuring compliance.

Occupational Health and Safety Standards and Practices

Montenegro's regulations mandate several key practices to establish and maintain a safe workplace. These include conducting thorough risk assessments, implementing preventative measures, providing adequate training, and, in certain cases, establishing safety committees.

Risk Assessment

Employers are legally required to perform a systematic risk assessment for all workplaces and work activities. This involves:

• Identifying potential hazards (e.g., physical, chemical, biological, ergonomic, psychosocial).
• Evaluating the risks associated with these hazards (likelihood and severity).
• Determining appropriate control measures to eliminate or reduce risks to an acceptable level.
• Documenting the findings and the implemented measures in a Risk Assessment Act.
• Regularly reviewing and updating the risk assessment, especially after changes in the workplace, equipment, or processes, or after an accident or near miss.

Safety Committees

For employers with a certain number of employees (the threshold is defined by law, typically starting from 50 employees), the establishment of a Safety Committee is mandatory. This committee is a consultative body comprising representatives of the employer and employees. Its role is to:

• Participate in the development and review of safety policies and procedures.
• Discuss safety issues and propose improvements.
• Review accident reports and suggest preventative actions.
• Monitor the implementation of safety measures.

Training Requirements

Comprehensive safety training is a cornerstone of prevention. Employers must ensure that all employees receive adequate training on:

• General safety principles and the specific risks associated with their job.
• Safe working procedures and the use of equipment.
• Emergency procedures (fire, evacuation, first aid).
• The proper use of personal protective equipment (PPE).

Training must be provided upon recruitment, when changing jobs or responsibilities, when new equipment or technology is introduced, and when new risks are identified. Refresher training is also required periodically.

Documentation Obligations

Employers must maintain detailed documentation related to occupational health and safety, including:

• The Risk Assessment Act.
• Records of safety training provided to employees.
• Records of workplace inspections and audits.
• Documentation related to the provision and use of PPE.
• Records of health surveillance where required.
• Accident and incident reports.

This documentation must be readily available for inspection by the relevant authorities.

Workplace Inspection Processes and Requirements

Workplace safety in Montenegro is overseen by the labor inspectorate, which is part of the Ministry of Labour and Social Welfare. Inspectors have the authority to enter workplaces, examine documents, interview employees and employers, and take samples or measurements to verify compliance with health and safety regulations.

Inspections can be routine or triggered by specific events, such as accidents, complaints, or reports of non-compliance. During an inspection, employers must provide access to all relevant areas and documentation. If non-compliance is found, the inspector can issue warnings, orders for corrective actions within a specified timeframe, or impose fines. In cases of imminent danger, the inspector can order the immediate cessation of work.

Key areas typically reviewed during an inspection include:

• Availability and adequacy of the Risk Assessment Act.
• Implementation of control measures identified in the risk assessment.
• Provision and condition of PPE.
• Adequacy of safety training and documentation.
• Condition of machinery, equipment, and the workplace environment.
• Compliance with specific regulations relevant to the industry.
• Accident reporting and investigation procedures.

Workplace Accident Protocols and Reporting

In the event of a workplace accident or occupational disease, specific protocols must be followed. The primary goal is to provide immediate assistance to the injured person and prevent recurrence.

The steps typically involve:

1. Providing immediate first aid and medical assistance.
2. Securing the accident scene to prevent further incidents and preserve evidence (unless necessary for rescue or medical aid).
3. Notifying relevant internal personnel (e.g., supervisor, safety officer).
4. Investigating the accident to determine its causes.
5. Implementing corrective and preventative measures based on the investigation findings.

Reporting obligations are critical. Employers are legally required to report serious workplace accidents and occupational diseases to the labor inspectorate and other relevant authorities within a specified timeframe (usually within 24 hours for serious accidents). The report must include details about the incident, the injured person, the circumstances, and the initial actions taken. Failure to report accidents can result in significant penalties.

Employer and Employee Responsibilities for Workplace Safety

Workplace safety is a shared responsibility, with clear duties assigned to both employers and employees under Montenegrin law.

Employer Responsibilities

Employers bear the primary responsibility for ensuring a safe and healthy working environment. Their obligations include:

• Establishing and implementing a safety management system.
• Conducting risk assessments and implementing control measures.
• Providing necessary resources for safety (e.g., equipment, training, PPE).
• Ensuring workplaces, machinery, and equipment are safe and well-maintained.
• Providing adequate safety training and information to employees.
• Consulting with employees or their representatives on safety matters.
• Investigating and reporting workplace accidents and occupational diseases.
• Ensuring compliance with all relevant health and safety legislation.

Employee Responsibilities

Employees also have significant responsibilities for their own safety and the safety of others. These include:

• Complying with safety rules, procedures, and instructions provided by the employer.
• Using machinery, equipment, and substances correctly and safely.
• Properly using personal protective equipment (PPE) provided.
• Reporting any hazards, risks, or deficiencies in safety measures to the employer or supervisor.
• Reporting any work-related accident or health problem immediately.
• Cooperating with the employer on safety matters.
• Not intentionally endangering their own safety or the safety of others.

By fulfilling these respective responsibilities, employers and employees collectively contribute to a safer and healthier working environment in Montenegro.