Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Further to its observation, the Committee notes the information provided by the Government in its latest report, and the attached documentation, indicating recent legislative amendments, including Labour Code No. 251 of 15 May 2007 and Resolution No. 851 approving the regulations on the organization and conduct of state control in the field of occupational safety and health of 27 November 2007, which give further effect to the provisions of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the Convention.

Article 5, paragraph 4, of the Convention. Rights of representatives of employers and workers. The Committee notes the information provided by the Government indicating the individual labour relations and occupational safety and health responsibilities of the Government, and the national employers’ and workers’ organizations. The Committee further notes the information that under developing practice, the state inspectorate of labour is accompanied by a representative of the management (employer) in exercising control of compliance with legislation on occupational safety and health. The Committee asks the Government to provide further information on the measures undertaken or envisaged to ensure that representatives of workers of the undertaking have the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of this Convention.

Article 6, paragraph 2. Duty to collaborate. The Committee welcomes the information indicating that the Government has ratified the Safety and Health in Construction Convention, 1988 (No. 167). The Committee asks the Government to indicate the measures undertaken or envisaged to ensure that whenever two or more employers undertake activities simultaneously at one workplace, they shall have the duty to collaborate in order to comply with the prescribed occupational safety and health measures.

Article 8, paragraphs 2 and 3. Procedures for determining exposure limits. The Committee notes the information provided by the Government indicating the national legislation which establishes the criteria for determining hazards of exposure to air pollution, noise and vibration in the working environment. The Committee reiterates its requests that the Government indicate whether the opinion of technically competent persons, designated by the most representative organizations of employers and workers concerned, are taken into account in the elaboration of the criteria and the determination of the exposure limits; and whether such criteria and exposure limits are revised regularly in the light of current national and international knowledge.

Article 12. Notification requirements concerning the use of processes, substances, machinery and equipment. The Committee notes the information provided by the Government, as in its previous report, on the authorities competent to exercise control over processes and use of substances, machinery and equipment which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration. The Committee reiterates its request that the Government provide further information on the processes, substances, machinery and equipment, the use of which must be notified to the competent authority.

Part IV of the report form. Application in practice. The Committee notes the information provided by the Government indicating that in 2008, the state inspectorate of labour carried out over 23,000 inspections of enterprises and organizations and that more than 119,000 violations of labour legislation were discovered in the course of inspections. The Committee further notes that as a result of the inspections, over 23,859 orders were issued to eliminate violations, and that in 2008, there were 2,444 cases of occupational accidents reported, of which 404 were fatal. The Committee notes that the number of occupational accidents has decreased since 2006. The Committee asks the Government to continue to provide information on the application of the Convention in practice, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents reported.