Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

The Committee notes with interest the Government’s latest report including information regarding the long-term development strategy “Kazakhstan 2030”, the successive occupational safety and health (OSH) programmes implemented (most recently for the period 2007–09), the National Decent Work Country Programme 2007–09 and the concurrent legislative reform which includes the adoption of a Labour Code which entered into force in 2007. The Committee also notes the information that, in line with the Labour Code, one of the main priorities is improving the national OSH policy and management systems. The Committee notes the statement that, in line with its basic OSH principles, section 4 of the Labour Code lists the aims of the national OSH policy and that since its entry into force the Labour Code has been implemented, inter alia, by the adoption of 26 regulatory acts (including 11 concerning OSH) and over 30 amendments and additions. The Committee also notes submission of copies of the following legislation: Resolution respecting the provision of information and production of national statistics on OSH (No. 720 of 21 August 2007); Resolution respecting the adoption of regulation on OSH by the competent authorities (No. 721 of 21 August 2007); Decree respecting the preparation and approval of instructions on OSH by employers (No. 157-p of 16 July, 2007); Decree respecting model statutes of the occupational safety and health service in organizations (No. 200-p of 22 August 2007); Decree respecting list of work in which it is prohibited to employ workers under the age of 18 years (No. 185-p of 31 July 2007); and Decree respecting limits for the carrying and moving of heavy loads by workers under the age of 18 years (No. 185-p of 31 July 2007). The Committee welcomes these developments and requests the Government to continue to provide information on future reviews of the national policy in the area of OSH and on laws and regulations giving effect thereto.

Article 5(b) of the Convention. The relationship between material elements of work and persons who carry out or supervise the work. The Committee notes that the Government’s report is silent as regards the Committee’s previous query on the effect given to this Article. The Committee reiterates its request to the Government 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 in the elaboration of relevant OSH standards.

Article 11(c) and (d). Notification and the holding of inquiries of occupational accidents and diseases. The Committee welcomes the adoption of the Resolution respecting the provision of information and production of national statistics on OSH (No. 720 of 21 August 2007) and notes that, according to section 4 of the Labour Code, one of the aims of the national policy on OSH includes the “establishment of a single procedure for reporting industrial accidents and occupational diseases”. Given the crucial importance of systematic accident investigations for preventive purposes and the availability of reliable statistical data on not only occupational accidents but also occupational diseases to enable the tracking of progress in this area, the Committee welcomes this objective. Against this background, the Committee would also like to draw the Government’s attention to the fact that a new list of occupational diseases was adopted in March 2010 (see www.ilo.org/ilolex/english/recdisp1.htm) and that this list may serve as a useful model for any future legislation in this area. With reference to the above, and subsection 20.1, paragraphs 18 and 24, of the Labour Protection Law which regulates the notification of accidents and the holding of inquiries in respect of occupational accidents, the Committee requests the Government to indicate measures taken for the development of a system for recording and notification of both occupational accidents and diseases and to submit the relevant legislation once it has been adopted.

Article 11(f). Systems to examine chemical, physical and biological agents in respect of the risk to health. With reference to the application of this Article, the Committee notes the references made in the Government’s most recent report to the authority of the labour inspectors under section 330 of the Labour Code to ensure compliance with labour legislation but that these appear to be of relevance mainly to the application of Article 9 of the Convention. The Committee would like to draw the Government’s attention to the present provision. Article 11(f) has a more preventive focus including research into the potential risks of chemical, physical and biological agents including the introduction of risk-assessment mechanisms at workplaces, such as those referred to in section 20 of the Occupational Safety and Health Act. For a discussion on this matter see paragraphs 141–144 of the General Survey of 2009 on occupational safety and health (full text available at www.ilo.org/ilolex/english/surveyq.htm). The Committee invites the Government to provide further information on the progressive extension of risk assessment mechanisms at the workplace.

Article 16(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 that the Government’s report includes no new information in response to the Committee’s previous query regarding the application of this provision. 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.

Article 19(d). Arrangements to give workers’ representatives appropriate training in occupational safety and health. The Committee notes that, in response to its previous query regarding measures taken to implement this provision, the Government refers to section 315 of the Labour Code regarding the obligations of the workers and sections 340–341 regarding voluntary control exercised by voluntary labour inspectors including a list of their rights. The Committee notes that these provisions do not respond to the query raised in its previous comment. The Committee reiterates its request that the Government indicate measures taken to ensure application of this provision.

Part V of the report form. Application in practice. The Committee notes the reference to section 328 of the Labour Code and the detailed information regarding the functions and powers of the labour inspectorates. The Committee requests the Government to give a general appreciation of how the labour inspectorate functions in practice and whether inspectors are granted appropriate access to workplaces in order to carry out their work. The Committee also requests the Government to provide 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.