Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) - Azerbaijan (Ratification: 1992)

Article 2(2) of the Convention. Medical examination by a qualified physician and issuance of a medical certificate. The Committee had previously noted that Resolution No. 142 of 12 June 2006, “On establishment of a procedure for the implementation of the medical certification cards system” introduced the system of medical certification cards equipped with a microchip containing data from a worker’s medical examinations of all types, including those of workers under 18 years of age. The Committee notes the Government’s information that provisions regarding the medical examination of persons under 18 years of age before their entry into employment by doctors from medical institutions is stipulated under Order No. 158 of 2005 “On improving preventative check-ups”. The Committee requests the Government to supply a copy of Order No. 158 of 2005 “On improving preventative check-ups” along with its next report.

Article 2(3). Medical certificate issued subject to specified conditions of employment or for a specified job. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate whether the document certifying fitness for employment can prescribe specified conditions of employment or be issued for a specific job or group of jobs involving similar health risks which have been classified as a group by the competent authority. It also requests the Government to supply a copy of the legislation establishing the above provisions.

Article 4. Medical examination and re-examination for fitness for employment in occupations involving high health risks until the age of 21 years. The Committee had previously noted the Government’s indication that matters relating to the prior and periodic medical examination of workers over 18 years of age are regulated by Decision No. 1 of 3 January 2000, “On the establishment of a list of workplaces and occupations with difficult, harmful and dangerous conditions of work that may have a negative effect on the health of workers” and by Order No. 13 of 23 January 1998 “On the conduct of preventative medical examinations”. The Committee notes that as per Decision No. 1 of 3 January 2000, all workers employed in harmful and dangerous work shall submit a medical certificate indicating their fitness to work. It also notes the Government’s information that the procedure for conducting the medical examinations and their frequency has been determined by Order No. 13 of 23 January 1998 which indicates that the employees working in harmful occupations shall undergo periodic medical examinations once or twice a year.

Article 6. Cooperation between the various services established for the vocational guidance and rehabilitation of children and young persons found unsuited for work. The Committee had previously noted that section 15 of Law No. 284 of 1992 on the social protection of disabled persons, provides disabled children with pre-school and out-school education, as well as disabled persons with secondary, vocational training, specialized secondary and higher education according to the individual rehabilitation programme. It had also noted that the education system includes special schools for children and young people who suffer from incurable physical disability (those who are deaf mute, blind or mobility impaired) that prevents them from working in industrial enterprises without some kind of special preparation, where these individuals can acquire a vocation. Noting the absence of information in the Government’s report with regard to cooperation between the various services for the purposes of paragraph 2 of this Article, the Committee once again requests the Government to provide information on the cooperation and effective liaison between the labour, health, educational and social services established for the vocational guidance and physical and vocational rehabilitation of children and young persons found unsuited for work.

Article 7. Keeping of medical certificate and other methods of supervision. The Committee had previously noted the Government’s information that the monitoring bodies are able to obtain the doctor’s certificates regarding the health of any particular worker under 18 directly from the enterprise concerned. The Committee notes that according to Resolution No. 142 of 2006 as well as Order No. 82 of 2007 “On Rules for using the system of the Electronic Health Cards and the Medical Examination Card”, the information regarding the medical examination of workers, including workers under the age of 18 years, are stored on Electronic Health Cards which is kept at the information centre of the Ministry of Health.