Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

1. The Committee notes the information contained in the Government’s report and notes that a Programme on Occupational Safety and Health of the Republic of Kazakhstan for 2005-07 (hereafter “OSH Programme”) has been approved by the Government by Decree No. 67 of 27 January 2005, which seeks to address major problems related to occupational safety and health at the national level and to improve public health, raise the standard and quality of life, promote occupational safety and health and ensure workers’ rights to safe working conditions.

2. Article 5(b) of the Convention. Taking into account the relationship between material elements of work and persons who carry out or supervise the work in the national policy on occupational safety and health. The Committee notes that the new OSH Programme aims at reducing significantly the negative impact of harmful and hazardous production factors and creating safe working conditions through reconstruction and technological renovation of production facilities. The Committee also notes that the OSH Programme includes a focus on scientific research in the area of OSH with a view to improving technical and sanitary standards on technological processes and equipment giving effect to international Conventions. The Government is requested to indicate the extent to which the relationship between material elements of work and persons who carry out or supervise the work are taken into account within the elaboration of such standards.

3. Article 11(c) and (d). Notification of occupational diseases and the holding of inquiries with regard to occupational accidents and diseases. The Committee refers to its previous comments concerning the procedure for the notification of accidents and diseases and the holding of inquiries in respect of occupational accidents and diseases, which is regulated in subsection 20.1, paragraphs 18 and 24, of the Labour Protection Law. As the Government’s latest report contains no reply to these comments, the Government is requested to indicate the provisions containing requirements with respect to occupational diseases.

4. Article 11(f). Systems to examine chemical, physical and biological agents in respect of the risk to health. The Committee notes that the OSH Programme envisages an increase of scientific research in the field of occupational safety and health. The Committee hopes that an extension of the systems to examine the indicated agents in respect of their risk to health will be included as a part of this process and requests the Government to communicate information on any progress achieved in this respect.

5. Article 16, paragraph 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 the Government’s reference to the procedure of the periodical (once within a five-year period) assessment of industrial units with respect to working conditions and especially to occupational safety and health that is stipulated in article 20 of the Occupational Safety and Health Act. The Committee requests the Government to indicate the measures, which shall be taken by employers, to ensure that the abovementioned substances and agents are without risks to health.

6. Article 19(d). Arrangements to give workers’ representative appropriate training in occupational safety and health. The Committee notes the Government’s reference to article 33 of the Occupational Safety and Health Act which contains a list of functions and rights of workers’ representatives in the OSH field. The Committee requests the Government to indicate provisions providing appropriate measures to provide for training of workers’ representatives.

7. Part V of the report form. Practical application. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Kazakhstan providing, for example, extracts from reports of the inspection services and, so far as such statistics are available, information concerning the number and nature of contraventions reported and the action taken on them, etc.