Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - Azerbaijan (RATIFICATION: 1992)

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Article 4 of the Convention. National laws or regulations which ensure the application of the Convention. With reference to its previous request regarding specific provisions of the relevant legislation which ensure the application of the Convention, the Committee notes the information provided by the Government on the legislation which gives effect to Articles 7, 9, 10, 11, 13, 14, 15 16, 17, 18 and 19 of the Convention, particularly by the State Standard on general safety requirements for workplaces (GOST 12.2.061-81), the State Standard on sanitary regulations for the microclimate at production premises (GOST 4088-86), the State Standard on occupational safety standards system (GOST 12.4.911-89) and the Construction Regulations and Rules (2.09.04-87).

Articles 8 and 12. Ventilation of premises and sufficient supply of drinking water. With reference to its previous comments regarding specific provisions of the national legislation giving effect to these provisions of the Convention, the Committee notes that the Government refers to the requirements set out under the Rules and Regulations on public buildings and facilities (GOST 2.08.02-89). Section 3.1 of the Rules and Regulations provides for heating, ventilation, air conditioning and emergency smoke-free ventilation in public buildings and section 3.51 requires drinking water and hot water supply in public buildings. The Committee notes that the Rules and Regulations GOST 2.08.02-89 apply to public buildings and facilities and pursuant to its Annex I, it applies to educational buildings and premises, health and social services buildings, public service buildings, cultural and leisure facilities. The Committee recalls that the Convention applies, pursuant to Article 1, to trading establishments, establishments, institutions and administrative services in which the workers are mainly engaged in office work, any departments of other establishments, institutions, or administrative services in which departments the workers are mainly engaged in commerce or office work. The Committee therefore requests the Government to provide information on the measures taken to ensure that national legislation or regulations ensures that all premises used by workers have sufficient and suitable ventilation as required by Article 8 of the Convention and that a sufficient supply of wholesome drinking water is made available to workers at all workplaces pursuant to Article 12 of the Convention.

Article 6(1). Inspection and ensuring proper application of the Convention. The Committee notes the information provided by the Government in reply to its previous request concerning the cooperation between agencies and institutions that carry out inspection duties. In this regard, the Committee refers to its joint comments under the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

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Article 4 of the Convention. National laws and regulations which ensure the application of the Convention. The Committee notes that the Government provides the titles of laws and regulations that would give effect to certain Articles of the Convention, but it does not indicate the specific provisions ensuring the application of the Articles of the Convention. The Committee therefore requests the Government to indicate the specific provisions of the relevant legislation giving effect to each of the Articles of the Convention and to include the text of these provisions, if possible, in one of the ILO’s official working languages, in its next report.

Article 6. Inspection and ensuring proper application of the Convention. The Committee notes the information provided by the Government on inspection activities and refers to its comments under the Labour Inspection Convention, 1947 (No. 81). The Committee requests the Government to continue to provide relevant information in this respect and it once again requests that the Government indicate the manner in which agencies and institutions that carry out inspection duties cooperate in supervising the proper application of relevant legislation giving effect to the Convention.

Part IV of the report form. Application in practice. Noting that the Government did not provide any information on the application of the Convention in practice, the Committee once again requests it to give a general appreciation of the manner in which the Convention is applied in the country, and to provide information concerning the number of workers covered by the legislation, the number and the nature of the contraventions reported and the resulting action taken.

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Article 4 of the Convention. National laws and regulations which ensure the application of the Convention. The Committee notes that the Government in its most recent report includes information on a large number of legislative and regulatory acts referred to as “the basic legislative and regulatory acts governing the provisions of the Convention”. The Committee notes that the referenced legislation includes information on national legislation relevant not only for the safety and health of workers engaged in activities within the scope defined in Article 1 of the Convention, but also for the general public in Azerbaijan. With reference to the foregoing and to the fact that the referenced legislation was not attached to the report, the Committee is unable to determine the relevance of each of the references pieces of legislation for the application of the provisions of the Convention, including, in particular its Articles 8–19. The Committee requests the Government to submit a detailed report specifying the legislative and regulatory acts in force which ensure the application of the Convention, in particular its Articles 8–19, and attach copies of the relevant laws and regulations which ensure the application of the Convention.

Article 6(1). Inspection and ensuring proper application of the Convention. The Committee notes the detailed information in the Government’s report about the organization and working of system of inspection of occupational safety and health (OSH) which is exercised by eight different agencies and institutions. It also notes that these institutions ensure compliance not only with laws and regulations concerning occupational safety and health, but also laws and regulations ensuring public health and safety in the country. With reference to its previous comments, the Committee notes that these institutions are independent and subject only to the law but that overall supervision of the application of labour legislation is exercised by the Prosecutor General. The details provided do not, however, enable the Committee to appreciate how the various agencies exercising control of compliance with OSH cooperate to ensure a proper application of the Convention. The Committee requests the Government to provide further information on the manner in which the mentioned agencies cooperate in supervising the proper application of relevant legislation giving effect to the Convention.

Part IV of the report form. Application in practice. The Committee notes that the information provided by the State Labour Inspectorate concerning its activities in the country does not contain any details regarding inspections related to commerce and offices within the scope of the Convention. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to provide information concerning the number of workers covered by the legislation, the number and the nature of the contraventions reported and the resulting action taken.

[The Government is asked to report in detail in 2012.]

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1. The Committee notes the information provided by the Government in reply to its previous comments including information regarding the adoption of Decree No. 20 of 9 February 2001 on Regulations for the Labour Inspectorate and a Decree of 27 December 2001 creating the State Agency on Standardization. It requests the Government to provide with its next report supplementary information and clarification on the following points.

2. Article 4 of the Convention. National laws and regulations which ensure the application the Convention. The Committee notes that in its report on the application of Articles 8-15 of the Convention, the Government refers to a series of legal or administrative provisions including SN 245-71 on Sanitary standards of industrial undertaking designing; SNIP 11-92-76 on Supplementary buildings and premises of industrial undertakings; SNIP 11.4-79 on Natural and artificial lighting; SN N-4088-86 of 31 March 1986 on Sanitary standards of the microclimate of industrial premises; SN N-4137-88 of 12 August 1986 on Hygienic classification of working conditions and nature on the basis of harmfulness and hazards; GOST 12.1.005.88 on General sanitary and hygienic requirements to the atmosphere of working places; and, as regards the application of Articles 16-19, to another series of legal or administrative provisions including State Standard GOST 12.1.003-83 concerning the safety requirements to noise and the State Standard GOST 12.1.012-90 SSBT concerning general safety requirements to vibration and other relevant instruments. The Committee notes that these legal and administrative texts are not available to it. The Committee also notes, however, that the Government reports that the newly established State Agency on Standardization has started to revise national regulations on technical aspects of working conditions and that such regulations should replace those adopted by the Union of Soviet Socialist Republics (USSR) which are still in force. The Committee hopes that the regulations in question will ensure the application of Articles 8-19 of the Convention and that they will be adopted in the near future. The Government is requested to keep the Committee informed of the progress with this revision process and to supply copies of relevant new regulations as soon as they have been adopted, as well as to supply the Committee with copies of such laws and regulations which will remain in force for the foreseeable future.

3. Article 6, paragraph 1. Inspection and ensuring proper application of the Convention. The Committee notes that in its report the Government refers to several institutions which each have certain competencies to exercise control over the enforcement of national laws and regulations in the area of occupational safety and health. The institutions referred to include the State Labour Inspectorate, the State Sanitary and Epidemiological Service, the Office of the Prosecutor and the State Agency on Standardization. The Government is requested to supply with its next report information on the activities of these agencies, their respective competences, as well as the information on the manner in which they cooperate in supervising the proper application of the relevant legislation which gives effect to the Convention and to forward copies or extracts of any available reports on the activities of the mentioned agencies.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee draws 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.

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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.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, 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).

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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).