Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Kazakhstan (Ratification: 1996)

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:

Further to its observation, the Committee notes the Government’s reports and the legislation appended thereto including Law No. 493 of 10 December 1999 on Labour, Law No. 20 of 23 December 2004 on amendments, and supplements to the Law on Labour and Law No. 528 of 28 February 2004 on Occupational Safety and Health.

Article 5, paragraph 4, of the Convention. Rights of representatives of employers and workers. The Committee notes that the report is silent as regards the question of how effect is given to this provision. The Committee requests the Government to provide supplementary information on how effect is given to the requirement that employer and representatives of the workers of the undertaking should be offered the opportunity to accompany inspectors  supervising the application of this Convention. 

Article 6, paragraph 2. Duty to collaborate. The Committee notes that the report is silent as regards the question of how effect is given to this provision. The Committee requests the Government to provide supplementary information on how effect is given to the provision that when two or more employers undertaking activities simultaneously at one workplace they shall have the duty to collaborate in order to comply with the prescribed OSH measures.

Article 8, paragraphs 2 and 3. Procedures for determining exposure limits. The committee notes that while reference is made to numerous national standards establishing exposure limits, the Governments’ reports are silent as regards the procedure for determining these criteria. The Committee requests the Government to provide supplementary information on the procedures for determining relevant exposure limits for noise, vibration and air pollution; whether the opinion of technically competent persons designated by the most representative organizations of employers and workers are taken into account in this context; and whether these exposure limits are supplemented and revised regularly in the light of current national and international knowledge and data.

Article 12. Notification requirements concerning the use of processes, substances, machinery and equipment. The Committee requests the Government to provide additional information regarding the notification requirements of specific processes, substances, machinery and equipment, which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, and whether the competent authority may authorize its use on prescribed conditions or prohibit such processes or substances.

Part IV of the report form. Application in practice. The Committee requests the Government to provide detailed information on the practical application of the Convention in the country, including extracts from labour inspection services reports, statistical information on the number of workers covered by the legislation, disaggregated by gender, if available, the number and nature of contraventions reported and actions taken.