Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Article 5(b) of the Convention. Adaptation to workers’ capacities. The Committee notes the Government’s reference, in reply to its previous request, to section 9 of the 2008 Law on Labour Safety and Health, as amended, on requirements with respect to machinery and equipment, and section 12 on requirements with respect to toxic and dangerous chemical substances, explosive devices, radioactive and biologically active substances. The Committee requests the Government to provide information on the manner in which working time arrangements, the organization of work, and work processes are adapted to the physical and mental capacities of the workers as part of the occupational safety and health policy.

Article 5(d). Communication and cooperation. The Committee notes the information provided by the Government in reply to its previous comments concerning the measures taken to improve cooperation at the level of the undertaking, including a resolution of the Ministry of Labour of 2012 on the organization of Occupational Safety and Health (OSH) committees in workplaces with more than 20 employees and the appointment of safety and health officers in workplaces with more than 50 workers.

Article 5(e). Protection of workers from disciplinary measures. In its previous comments, the Committee requested the Government to provide more information on the meaning of the notion “illegal disciplinary measures” contained in section 141.1.9 of the Labour Law, which prohibits the imposition of such measures. In this respect, the Committee notes the Government’s statement that while the Law on Labour Safety and Health does not provide for disciplinary sanctions for workers, businesses can regulate this through internal rules. The Committee requests the Government to provide information on the manner in which it is ensured that workers and their representatives are protected from disciplinary measures as a result of actions properly taken by them in conformity with the national OSH policy.

Article 8. Laws or regulations giving effect to the national OSH policy. The Committee notes that the Ministry of Labour, in cooperation with employers’ and workers’ representatives, intends to review 90 per cent of national standards on OSH in order to meet international standards. The Committee requests the Government to provide information on the review undertaken, including the consultations held with employers’ and workers’ organizations, and to provide information on the outcome of this review.

Article 12. Responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. With reference to its previous comments, the Committee requests the Government to provide information on the measures taken or envisaged to give effect to Article 12(a), (b) and (c).

Article 13. Protection of workers from undue consequences. The Committee notes the Government’s reference, in reply to its previous comments, to section 18.1.4 of the Law on Labour Safety and Health, which provides that workers have the right to suspend work in the event of a breach of work safety regulations or if there are certain conditions which could cause danger to human life and health. The Committee recalls that Article 13 requires that a worker who has removed himself/herself from a work situation which he/she has reasonable justification to believe presents an imminent and serious danger to his/her life or health shall be protected from undue consequences, and requests the Government to provide information on the meaning of the term “certain conditions” in section 18.1.4 of the Law on Labour Safety and Health.