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

Occupational Safety and Health Convention, 1981 (No. 155) - Belarus (Ratification: 2000)

The Committee notes the information in the Government’s report and that effect is given to Article 18 of the Convention through Section 13 of Belarus Occupational Safety and Health Act, No. 356-Z of 23 June 2008 (OSH Act).

Article 4 of the Convention. Formulation, implementation and periodical review of a national policy on occupational safety and health. With reference to the terms of this Article of the Convention, the Committee requests the Government to provide further information on periodical reviews undertaken in consultation with representative organizations of employers and workers of the national policy on occupational safety and health being implemented in the country. Should a revised national policy has been adopted recently, the Committee requests the Government to attach a copy thereof with its next report.

Article 5(e). Protection of workers from disciplinary measures. The Committee notes the information provided by the Government regarding the definition of workers, rights of workers with respect to occupational safety and health (OSH), general duties of workers at the workplace, the guarantees of protection of workers’ rights, and the duties of employers with regard to the organization of work. The Committee notes that the Government’s report does not indicate any provision which clearly establishes protection of workers from disciplinary measures as a result of actions properly taken by them in conformity with the policy on OSH. The Committee therefore reiterates its request to the Government to indicate the measures taken, in law and in practice, to give effect to this provision of the Convention.

Article 17. Collaboration between employers when two or more undertakings engage in activities simultaneously at one workplace. The Committee notes the Government’s reference to Section 13 of the OSH Act which provides that if the site, industrial buildings or premises, etc. are used by several employers, then the OSH requirements must be observed by them jointly on the basis of a written agreement. The Committee requests the Government to indicate measures taken in law and in practice giving effect to this obligation in cases when no written agreement is achieved by the employers in question.

Part V of the report form. Application in practice. The Committee notes the information in the Government’s report regarding the adoption of Decree No. 510 of 16 October 2009, on improving control (supervisory) activities in the Republic of Belarus according to which the coordination of the control and supervisory activities in the Republic of Belarus is presently exercised by the Belarus Committee of State Control. But no information was provided about the activities of this institution in relation to the supervision of this Convention. The Committee requests the Government to provide further information on the application in practice of the Convention including information about the role and function of the Belarus Committee of State Control in this respect and attach extracts from reports of the state labour inspectorate department and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and cause of the accidents reported, etc.