Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report contains no response to its previous comments. It must therefore repeat its previous observation which read as follows:

The Committee notes the information supplied by the Government in its first report. The Committee would draw the Government’s attention to the following points.

Article 6, paragraph 1, of the Convention. The Committee notes that Chapter XVIII of the Act on Fundamental Principles governing the Labour Legislation, 1993, concerns the supervision and control of compliance with the labour legislation. It further notes the provision of section 39 of the Act on Health and Hygiene, 1992, concerning the liability for violations on sanitary legislation, which presupposes the existence of labour inspectorates. With regard to specific sectors of activities, section 29 of the above Act provides for departmental sanitary inspections to be carried out in order to ensure the sanitary and epidemiological well being at facilities belonging to the Ministries of defence, national security, international affairs and on railways. The Committee finally notes the Government’s indication that a State Labour Inspectorate was created by Presidential Decree of 27 January 1997 and that the State Labour Inspectorate is currently undertaking the necessary organizational work. The Committee accordingly would request the Government to provide information on the progress of the ongoing organizational work of the State Labour Inspectorate, and to provide copies or extracts of the first reports established by the inspection services.

Articles 8 to 15. The Committee notes the Government’s indication according to which Articles 8 to 15 of the Convention are applied by the provisions of the Regulations concerning commercial, consumer and other services in the Republic of Azerbaijan, approved by resolution No. 80 of 15 April 1998 by the Cabinet of Ministers. However, in absence of the authentic text of these regulations, it has not been possible for the Committee to examine the application of the following Articles of the Convention: Article 8 (ventilation of premises), Article 9 (sufficient and suitable lighting), Article 10 (comfortable and steady temperature), Article 11 (layout of premises), Article 12 (supply of wholesome drinking water), Article 13 (washing facilities and sanitary conveniences), Article 14 (suitable seats), and Article 15 (suitable facilities for workers to change, leave and dry clothes which are not worn at work). The Committee accordingly would be grateful if the Government would supply a copy of the relevant text for further examination.

Articles 16 to 19. The Committee would request information on measures taken or contemplated to ensure the application of Article 16 (underground and windowless premises), Article 17 (appropriate and practicable measures against substances, processes and techniques which are obnoxious, unhealthy or toxic), Article 18 (noise and vibrations), and Article 19 (first-aid posts and kits).

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.