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

Occupational Safety and Health Convention, 1981 (No. 155) - Mongolia (Ratification: 1998)

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 information provided by the Government in its latest report, and the attached documentation, indicating recent legislative amendments. The Committee notes with interest the adoption of the Law on labour safety and hygiene, approved by Parliament on 22 May 2008, and the implementation of the Third National Programme on Improving Occupational Safety and Health 2005–10, approved by Government Resolution No. 75 in 2005, which give further effect to the provisions of the Convention. The Committee also notes the responses provided by the Government indicating the effect given to Article 5(a) and (c), Article 10 and Article 19(a) of the Convention. The Committee asks the Government to continue to provide information on relevant legislative measures undertaken with regard to the Convention.

Article 5(b), (d) and (e). The extent to which the national policy on occupational safety and health covers the main spheres of action enumerated in these provisions. The Committee notes the information provided by the Government indicating that the purpose of the Law on labour safety and hygiene is to determine the state policy and principles on labour safety and health, and to ensure fulfilment of requirements and standards for labour safety and health at workplaces and to create a safe and hygienic work environment for workers. The Committee asks the Government to provide reference to specific measures under national legislation or the national policy, which ensure relationships between the material elements of work and the persons who carry out or supervise the work (Article 5(b)); communication and cooperation at the levels of the working group and the undertaking (Article 5(d)); and protection of workers and their representatives from disciplinary measures as a result of action properly taken by them (Article 5(e)).

Article 12. Responsibilities on those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. The Committee notes references by the Government to provisions in the Law on labour safety and hygiene which provide obligations on employers to ensure standards of labour safety and hygiene. The Committee notes, however, that no information has been provided as to the responsibilities on those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. The Committee asks the Government to provide reference to specific legislative measures which ensure that effect is given to each paragraph of Article 12 of the Convention.

Article 13. Protection of workers from undue consequences in the case of removal from a dangerous work situation. The Committee notes the information provided by the Government indicating that section 18 of the Law on labour safety and hygiene gives workers the right to suspend work in situations where work safety regulations are violated or certain conditions which could cause danger to human life and health emerge in the course of work performance. The Committee asks the Government to specify measures taken or envisaged to ensure that workers, who have removed themselves from a dangerous work situation, are protected from undue consequences as a result of their actions.

Article 19(b) and (c). Rights of safety and health representatives. The Committee notes that section 35.3 of the Law on labour safety and hygiene states that representatives of employees and officials shall have the right to participate in the process of internal monitoring of business entities and organizations. The Committee asks the Government to provide further information on measures undertaken or envisaged to ensure that safety and health representatives cooperate with the employer in the field of occupational safety and health and are given adequate information on measures taken by the employer to secure occupational safety and health, and may consult their representative organizations about such information provided they do not disclose commercial secrets.

Article 20. Arrangements to ensure cooperation between management and workers within the undertaking. The Committee notes that section 17.4 of the Law on labour safety and hygiene requires an employer to conduct training on labour safety and hygiene at least twice a year for all employees. The Committee notes, however, that the Government has not provided information on the general requirement for cooperation between management and workers and/or their representatives within the undertaking with regard to occupational safety and health. The Committee asks the Government to provide information on measures undertaken or envisaged to give full effect to Article 20 of the Convention.

Part V of the report form. Application in practice. The Committee welcomes the information provided by the Government indicating that between 1997 and 2004 the number of occupational accidents, and the number of persons who were in accidents, decreased by 0.4 per cent overall, while also noting that the number of occupational accidents in the construction sector saw an increase during this period. The Committee further notes the information indicating the targeted approach undertaken by the Government to address this increase, and that preliminary figures show that this approach has been successful in reducing the number of occupational accidents in the construction sector. The Committee asks the Government to continue to provide information on the application of the Convention in practice, including statistical information, disaggregated by gender if available, on the number and nature of accidents and contraventions reported.