Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Occupational Safety and Health Convention, 1981 (No. 155) - Kazakhstan (Ratification: 1996)

Other comments on C155

Direct Request

2015
2010
2006
2005

Display in: French - SpanishView all

The Committee notes the information provided by the Government in response to its previous requests with respect to Article 11(c), (d) and (f) of the Convention (progressive carrying out of functions to give effect to the national policy).

Article 5(b). The relationship between material elements of work and persons who carry out or supervise the work. The Committee notes the Government’s statement, in response to the Committee’s previous request, that pursuant to section 22 of the Labour Code, a worker has the right to a workplace that is in line with occupational safety and health (OSH) regulations, and that section 311 of the Labour Code requires that workplace occupational safety conditions meet the requirements of national standards and regulations on OSH. With reference to paragraph 68 of the 2009 General Survey on occupational safety and health, the Committee recalls that Article 5(b) refers to the need to ensure that machinery, equipment, working-time arrangements, organization of work and work processes are adapted to the physical and mental capacities of the workers and that this adaptation is an important element of prevention of occupational accidents and diseases, including, in particular, musculoskeletal diseases. The Committee requests the Government to indicate the extent to which the policy referred to in Article 4 of the Convention covers the sphere of action provided by Article 5(b), and in particular if any national standards or regulations have been adopted in this regard.

Article 9. Enforcement. Application in practice. The Committee notes the information in the Government’s report relating to the number of violations related to OSH detected by labour inspectors in 2013 and 2014, as well as the number of administrative fines imposed, instructions to rectify violations issued, and stop orders given. Recalling that pursuant to Article 9 of the Convention, the enforcement of laws and regulations concerning OSH and the working environment shall be secured by an adequate and appropriate system of inspection and with reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to take the necessary measures to ensure the enforcement of national OSH legislation to all workplaces. It also requests the Government to continue to provide information on the application of the Convention in practice, including with respect to the number of inspections undertaken, the number and nature of violations detected and the number and type of penalties imposed.

Article 16(2). Provisions whereby employers are required to ensure that the chemical, physical and biological substances and agents under their control are without risk to health. The Committee notes that pursuant to section 317(1)(14) of the Labour Code, the employer is required to provide safe working conditions, and pursuant to section 317(1)(1), the employer is required to preclude any risks in the workplace and in manufacturing processes by means of prevention and the replacement of manufacturing equipment and technological processes with safer ones. Noting these general obligations, the Committee requests the Government to provide further information on any specific provisions requiring employers to ensure that, so far as is reasonably practicable, the chemical, physical and biological substances and agents under their control are without risk to health when the appropriate measures of protection are taken.

Article 19(d). Arrangements to give workers’ representatives appropriate training in OSH. The Committee notes that section 317 of the Labour Code requires employers to provide employees with training and instruction in labour protection and labour safety. Recalling that pursuant to Article 19(d) of the Convention, representatives of workers in the undertaking shall also be given appropriate training in OSH, the Committee requests the Government to provide information on measures taken to ensure that such representatives are provided with appropriate training on OSH.