Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - Belarus (Ratification: 1968)

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

Application of the Convention in practice. With reference to its previous comment where it requested the Government to provide a general appreciation of the manner in which the Convention is applied in the country, the Committee notes the Government’s indication that an average of 460,900 workers are employed in the trade and repair of cars, household goods and appliances for consumer use in Minsk city and Minsk province. The Committee notes, however, that no other information is provided on the manner in which the provisions of the Convention are applied in practice in the country. While noting the data communicated, the Committee requests the Government to provide further information on the application in practice of the Convention including relevant extracts from the reports of the inspection services, information concerning the number and nature of the contraventions reported, and the resulted action taken.

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

The Committee takes note of the information contained in the Government’s report and the copies of national legislation attached thereto. The Committee notes that the legislative instruments in force which were indicated by the Government in its last report give effect to Articles 7, 8, 10, 12, 13, 14, 17, and 18 of the Convention. The Committee requests the Government to continue to provide information on relevant laws and regulations giving effect to the Convention.

Part IV of the report form. Application in practice. The Committee notes the absence of any information on the application in practice of the present Convention. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to provide information concerning the number of workers covered by the legislation, the number and the nature of the contraventions reported and the resulting action taken.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee takes note of the information provided in reply to its previous comments by the Government in the latest report.

2. The Committee notes that SanPIN 5781-91 "Sanitation rules for food stuff trading enterprises" and SanPIN 42-123-5777-91 "Sanitation rules for public catering enterprises", attached to this report, contain provisions giving effect to Article 12 of the Convention. The Committee also notes that General Rules No. 70 of 03 June 2003 on labour protection, State Standards No. 142 of 28 July 2003 on administrative and domestic premises, rules No. 67 of 28 May 1999 on providing workers with personal protective equipment, adopted by the Ministry of Labour, as well as Standards No. 142 of 07 April 1998 on Natural and Artificial Lighting, adopted by the Ministry of Architecture and Construction, contain provisions which give effect to Articles 9, 11 and 15.

3. Articles 8, 10, 13, 14 and 18. Provision of all premises used by workers with suitable ventilation, comfortable and steady temperature, washing facilities and sanitary conveniences and measures reducing harmful effects of noise and vibration. The Government refers to the process of adaptation of existing standards and rules to the modern conditions. The Committee hopes that new versions of such standards and rules will give effect to these provisions of the Convention. It requests the Government to keep it informed on development of the mentioned adaptation process and to supply a copy of texts after their adoption.

4. Article 7. Keeping clean all premises used by workers. The Committee notes that SanPIN 5781-91 "Sanitation rules for food stuff trading enterprises" and SanPIN 42-123-5777-91 "Sanitation rules for public catering enterprises" contain the provisions giving due effect to this article with respect to undertakings of food and catering industry. The Government is requested to indicate provisions of legislation or administrative regulations, or other measures under which the Article is applied to undertakings of other types of commerce and offices.

5. Article 17. Measures to protect workers against obnoxious, unhealthy or toxic substances, processes and techniques, and to provide workers, where the nature of work so requires, with personal protective equipment. The Committee notes the Government’s references to General Rules No. 70 of 03 June 2003 on labour protection, Rules No. 26 of 27 April 2000 on provision of workers with washing and disinfecting means and to Typical Branch Standards No. 26 of 10 June 2003 on free provision of commerce and public catering enterprises workers with personal protective means as to regulations giving due effect to this Article. In the absence of the texts of the above regulations and standards, the Committee was not in a position to determine the extent to which these standards and regulations give effect to Article 17 of the Convention. The Committee therefore requests the Government to provide with its next report copies of the standards and regulations in question.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s report and the information supplied in response to its comments, and in particular the information related to Articles 5 and 6, paragraph 2, of the Convention. It would draw the Government’s attention to the following points.

1. With regard to the application of Articles 8, 10, 12, 13 and 14 of the Convention, the Committee notes the Government’s indications referring to numerous sanitary regulations and standards giving effect to the respective Articles of the Convention, namely SniP 2.08.02-89 on public buildings and installations (Article 8); sanitary regulations for ensuring the microclimate of office premises No. 11-13-94 (Article 10); SanPIN 5781-91 "Sanitation rules for food-stuff trading enterprises" and SanPIN 42-123-5777-91 "Sanitation rules for public catering enterprises" (Article 12); SniP 2.09.04-87 "Office and amenity buildings" (Article 13); POTO 7120-1.01 "Occupational safety and health rules at trading establishments" (Article 14); and SniP 2.08.02.89 "Public buildings and installations" (Article 19). In the absence of the texts of the above sanitary regulations and standards, the Committee was not in a position to determine the extent to which these standards and regulations give effect to the principles spelled out in Articles 8, 10, 12, 13 and 14 of the Convention. The Committee therefore requests the Government to provide with its next report copies of the sanitary standards and regulations in question.

2. Article 7. The Committee notes the Government’s indication that all premises and workplaces are to be properly maintained and kept clean. The Committee requests the Government to specify the sanitary standard or regulation providing for these requirements.

3. Article 9. The Committee notes the Government’s indication to the effect that the lighting requirements of all premises and administrative services are laid down in specific standards, according to which permanent workplaces have to have natural and artificial lighting and the illumination intensity is to be established on the basis of the eye-strain level at the workplace. The Committee requests the Government to denote the relevant standards.

4. Article 11. As to the layout of workplaces, the Committee notes the Government’s indication that the space requirements for each workplace are contained in standards. The Committee accordingly requests the Government to specify these standards.

5. Article 15. The Committee notes the Government’s indication that suitable facilities for changing clothes are provided at each enterprise in accordance with the book strength of the workers employed. The Committee asks the Government to indicate the standard requiring the provision of suitable facilities for changing, leaving and drying clothing which is not worn at work, in conformity with this Article of the Convention.

6. Article 17. The Committee notes the provisions of the Decree of the Council of Ministers of the Republic of Belarus No. 260 of 22 February 2002 concerning the free provision of milk and analogous products to workers working with harmful substances. It notes that this Decree only contains provisions prescribing compensation measures for workers working with harmful substances. However, the Decree does not contain any provision, neither with regard to measures to be taken to protect workers against substances, processes and techniques which are obnoxious, unhealthy or toxic or for any reason harmful, nor with regard to the provision of personal protective equipment to workers, as provided for in this Article of the Convention. The Committee therefore requests the Government to take the appropriate measures giving effect to Article 17 of the Convention.

7. Article 18. Referring to its previous comments, the Committee again requests the Government to supply a copy of the State Standard GOST 12.1.003-83 concerning the safety requirements to noise and the State Standard GOST 12.1.012-90 SSBT concerning general safety requirements to vibration for further examination.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. Article 3 of the Convention. The Committee notes the Government's indication in its report according to which consultations are held with the bodies of the Ministry of Labour in cases of doubts related to the application of the provisions of the Convention. The Committee would ask the Government to indicate in its next report whether consultations are held and, if so, to supply information on the manner in which they have been settled.

2. Article 5. The Committee notes that safety labour regulations are agreed upon with the Ministry of Labour with the participation of the state supervision and control bodies and the trade unions. It seems that the employers' organizations are not consulted in this respect. The Committee therefore would recall that both the workers' and employers' organizations concerned should be involved, by means of consultations, in the elaboration of laws and regulations designed to give effect to the provisions of the Convention. It would ask the Government to explain in which manner consultations also with the employers' organizations concerned are held.

3. Article 6, paragraph 2. The Committee notes the Government's indication according to which the bodies entrusted to carry out inspections are empowered to impose sanctions for violation of labour legislation. It would request the Government to indicate the penalties applicable in case of any infringement of the legislation in question.

4. Articles 7 to 16. As concerns the application of Articles 7 to 16 of the Convention, the Government refers to various branch sanitary standards and regulations, so-called Snip standards, and to other documents containing basic requirements in the field of hygiene and health of workers in commerce and offices. However, in absence of the authentic texts of these standards, it has not been possible for the Committee to examine the application of Articles 7 to 16 of the Convention. The Committee accordingly trusts that, with its next report, the Government will supply copies of the texts to which reference has been made.

5. Article 18. The Committee notes the Government's indication that the level of noise is governed by GOST 12.1.003-83 SSBT concerning safety requirements to noise, and that the vibration level is governed by GOST 12.1.012-90 SSBT concerning general safety requirements to vibration. It would request the Government to provide a copy of the above-mentioned GOST standards in order to make it possible for the Committee to determine the application of this Article of the Convention.

6. Article 19. The Committee takes note of the different standards to which the Government made reference to explain the application of this Article of the Convention. In order to examine the application of Article 19 of the Convention, the Government is requested to supply a copy of the relevant standards.

The Committee also notes the Government's indication according to which medical centres should be envisaged at commerce and catering enterprises, depending on the number of workers. The Committee accordingly would ask the Government to indicate upon what number of workers a medical centre is envisaged. Furthermore, it would request the Government to provide additional information whether at present such a project is under planification.

Finally, the Committee notes the Government's indication that first-aid kits should be provided in every organizational unit of an enterprise. It would request the Government to indicate the legal basis prescribing the duty to provide every organizational unit of an enterprise with a first-aid kit.