Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Occupational Safety and Health Convention, 1981 (No. 155) - Tajikistan (Ratification: 2009)

Other comments on C155

Direct Request

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Article 4(1) and (2) of the Convention. Obligation to formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment. Principle of prevention. Article 7. Review of the situation regarding occupational safety and health and the working environment at appropriate intervals. The Committee notes that the Labour Code of Tajikistan of 15 May 1997 (the Labour Code) and the Occupational Safety and Health Act of Tajikistan No. 517 of 19 May 2009 (the OSH Act) contain the basic principles of the national policy on occupational safety and health (OSH). Recalling that the aim of the policy shall be prevention, the Committee requests the Government to provide further information on the measures taken to formulate a coherent national policy, to implement and to review it, and to consult with the most representative organizations of employers and workers in this respect (Article 4). The Committee also requests the Government to provide information on arrangements made for the review of the situation on OSH and the working environment, including details on the intervals provided for such a review (Article 7).

Article 5(b). Relationships between the material elements of work and the persons who carry out or supervise the work. With reference to the General Survey on occupational safety and health (International Labour Conference, 98th Session, 2009), and in particular paragraph 68, the Committee wishes to indicate that this provision 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 provide detailed information on measures taken, in law and in practice, to give effect to this provision of the Convention.

Article 5(d). Communication and cooperation at the levels of the working group and the undertaking, and at all other appropriate levels up to and including the national level. The Committee notes that pursuant to section 17 of the OSH Act, OSH committees may be created in undertakings which are composed of representatives of employers and trade unions, or other representative bodies authorized by workers, in order to organize joint actions of employers and workers for ensuring the application of OSH regulations. The Committee requests the Government to provide further information on the application, in law and in practice, of these provisions of the Convention, including with respect to communication and cooperation at the national level.

Article 5(e). Protection of workers and their representatives from disciplinary measures for actions properly taken in conformity with the policy. The Committee requests the Government to provide information on the measures taken, in law and in practice, to give full effect to this provision of the Convention.

Article 8. Measures taken to give effect to the national policy, including legislation. Consultation with the representative organizations of employers and workers concerned. The Committee requests the Government to provide further information about the manner in which the representative organizations of employers and workers concerned are consulted with respect to the measures adopted to give effect to the national policy, including legislation.

Article 10. Guidance to employers and workers to help them to comply with their legal obligations. The Committee requests the Government to provide further information on measures taken to give effect to this provision of the Convention.

Article 11(b). Functions to be progressively carried out by the competent authorities. Determination of work processes and of substance and agents, the exposure to which is to be controlled by the competent authority or authorities; health hazards due to the simultaneous exposure to several substances or agents. The Committee notes that section 23 of the OSH Act outlines prohibitions and restrictions with regard to exposure to hazardous substances, materials, products and goods. In addition, the introduction of new techniques and technologies at workplaces is prohibited without prior examination and approval by the competent state bodies. The Committee requests the Government to provide further information about the manner in which health hazards due to the simultaneous exposure to several substances or agents are taken into consideration.

Article 11(e) and (f). Annual publication of information on occupational accidents, occupational diseases and other injuries to health. Systems to examine chemical, physical and biological agents in respect of the risk. The Committee requests the Government to provide information on the measures taken to ensure that these functions are progressively carried out by the competent authority or authorities.

Article 12(b) and (c). Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Information on the correct installation and/or use of machinery, equipment and substances; information on hazards related to machinery, equipment and substances and instructions on how known hazards are to be avoided. Studies and research. The Committee notes the requirements provided by section 23 of the OSH Act as regards machinery, equipment and substances, including the need for certificates of conformity. The Committee requests the Government to provide information on the measures taken to ensure that relevant information and instructions are made available and studies and research are undertaken by the persons designated, in conformity with these provisions of the Convention.

Article 17. Obligation for employers to collaborate whenever two or more undertakings engage in activities simultaneously at one workplace. The Committee requests the Government to provide information on the application, in law and in practice, of this provision of the Convention.

Article 18. Measures to deal with emergencies and accidents, including first-aid arrangements. The Committee requests the Government to provide information on the application, in law and in practice, of this provision of the Convention.

Article 19(e). Inquiries by the workers or their representatives; involvement of technical advisers. The Committee requests the Government to indicate if workers or their representatives are enabled to inquire into all aspects of OSH associated with their work, as envisaged by the Convention, and if, to this end, technical advisers can be brought in from outside the undertaking by mutual agreement.

Article 19(f). Employers cannot require workers to return to an employment situation where there is an imminent and serious danger to life or health. The Committee notes that section 150 of the Labour Code prescribes that a worker has the duty to report forthwith to his immediate supervisor or the body responsible for OSH in the undertaking about any situation in the course of his employment where there is danger to his life or health. The Committee asks the Government to provide further information on the measures taken to ensure that the employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life and health, in accordance with the requirements under this provision of the Convention.

Part V of the report form. Application in practice. The Committee welcomes the information provided by the Government regarding the activities of the labour inspection for the period of 2005–09, which gives an account of the number of undertakings inspected, the number of violations of the laws and regulations on labour and OSH identified, and the details of the appropriate measures taken to eliminate such violations. The Committee requests the Government to continue providing a general appreciation of the manner in which the Convention is applied, and to supply extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, the number and nature of the contraventions reported, the number, nature and cause of the accidents reported, etc.

Part VI of the report form. Communication of copies of the report to the representative organizations of employers and workers. The Committee notes that the Government provides no information about this important point. The Committee requests the Government to indicate the representative organizations of employers and workers to which copies of the present report have been communicated, and to which copies of future reports will be communicated, in accordance with article 23(2) of the Constitution of the International Labour Organisation.