Underground Work (Women) Convention, 1935 (No. 45) - Tajikistan (Ratification: 1993)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 45 (underground work (women)), 115 (radiation protection), 119 (guarding of machinery), 120 (hygiene (commerce and offices)) and 148 (working environment (air pollution, noise, and vibration)) and 155 (OSH) together.

Application in practice of Conventions Nos 115, 119, 120, 148 and 155. The Committee notes the information provided in the Government’s report on Convention No. 155 that in 2019, the State Inspection Service for Labour, Migration and Employment (SILME) received 79 reports of accidents, 11 of which involved more than one person. These accidents resulted in 51 fatalities. The Government indicates that the analysis of the subsequent accident investigations revealed the following causes: the operation of defective machinery, mechanisms and equipment, a lack of personal protective equipment, non-compliance with workplace safety rules, falls from heights in the construction sector and poor workplace monitoring in that sector. The Government also refers to violations detected related to the reporting of accidents, including failure to observe the procedure for notifying an accident within the established deadline, inconsistencies between the cause if accident reported and the actual cause, and the misclassification of occupational accidents as non-work related. The Committee further notes the information provided on the work of OSH inspectors as well as the amount of compensation paid to the victims of the accidents. The Committee requests the Government to provide further information on the measures taken to reduce the number of occupational accidents and diseases in the country, and in particular to strengthen its monitoring process to address the factors identified as causing accidents. The Committee also requests the Government to continue to provide available information on the application in practice of ratified OSH Conventions, including the number, nature and cause of reported occupational accidents and cases of occupational disease.

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 1 and 2 of the Convention. Scope of application. The Committee previously noted that the Labour Code adopted in 2016 repeals the 2009 Occupational Safety and Health (OSH) Act, and includes many provisions of the latter. It noted that while the OSH Law of 2009 applied to all workers who are in an employment relationship with employers, students in vocational training and military personnel (section 3 of the repealed Law), the Labour Code of 2016 applies only to workers defined as individuals maintaining labour relations with employers on the basis of a signed employment contract. Recalling that no categories of workers were excluded from the scope of application of the Convention by the Government upon ratification (pursuant to Articles 1(2) and 2(2)), the Committee once again requests the Government to provide information on the measures taken or envisaged to ensure the application of the Convention to all workers.

Articles 4 and 8. Formulation, implementation and periodic review of a coherent national policy on OSH and the working environment. Consultation with the most representative organizations of employers and workers concerned. The Committee previously noted that section 328 of the Labour Code provides for cooperation of government agencies and local executive authorities with employers and workers and their associations and other authorized representatives of workers in the implementation of the national OSH policy. It also welcomed the development of a National OSH Profile in 2017 and it noted the Government’s indication that it intended to develop a national OSH programme with ILO assistance. Noting an absence of information in reply to its previous request, the Committee once again requests the Government to provide information on any developments concerning a national OSH programme, and to provide a copy thereof, once adopted. The Committee also once again requests the Government to provide detailed information on the consultations with the most representative organizations of employers and workers with regard to the measures taken to formulate, implement and review a national policy on OSH in accordance with Article 4 of the Convention (including where applicable, information on any institutionalized mechanisms for the consultation of the social partners in the process of legislative review in the area of OSH).

Article 5(e). Protection of workers from disciplinary measures for actions properly taken in conformity with the national OSH policy. The Committee previously noted that section 344 of the 2016 Labour Code provides for the protection of trade unions and other worker representatives with regard to their actions taken in relation to OSH. The Committee once again requests the Government to take the necessary measures to ensure that individual workers without particular OSH responsibilities are protected from disciplinary measures as a result of actions properly taken by them in conformity with the national OSH policy.

Article 11(b). Functions to be progressively carried out by the competent authorities. Determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control. The Committee notes the information in the Government’s report related to Government Decision No. 702 of 31 December 2010, approving the List of harmful substances, production factors and harmful working conditions, in response to its previous request concerning the determination by the competent authority of substances and agents to which exposure is to be controlled. It also notes the Government’s reference to the List of harmful substances and unfavourable production factors requiring preliminary and periodic medical examinations. The Committee takes note of this information.

Article 11(e). Annual publication of information on occupational accidents, occupational diseases and other injuries to health. The Committee notes the statistical information provided by the Government in its report concerning the number of occupational accidents, the number of persons injured and the amount of compensation paid in 2019. The Committee also notes the analysis of the main industrial activities in which the accidents happened and the causes of accidents. Taking note of this information, the Committee once again requests the Government to indicate the measures taken or envisaged to provide for the annual publication of information on measures taken in pursuance of the national OSH policy, and on occupational accidents, occupational diseases and other injuries to health.

Article 11(f). Systems to examine chemical, physical and biological agents in respect of the risk. The Committee previously noted that the Ministry of Industry and New Technology assesses compliance with laws and regulations on chemical and radiation safety and with laws and regulations concerning the implementation of health, safety and environment management systems at workplaces. The Committee requests the Government to provide information on whether it is intended to extend the system that examines chemical and physical agents to the examination of biological agents in respect of the risk to the health of workers.

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Information on the correct installation and/or use of machinery, equipment and substances; information on hazards related to machinery, equipment and substances and instructions on how known hazards are to be avoided. Studies and research. The Committee previously noted section 352(6) of the Labour Code concerning requirements to obtain certificates of conformity with OSH standards concerning machinery, equipment and substances. The Committee once again requests the Government to specify whether section 352(6) of the Labour Code applies to persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, and if so, to provide more specific information on the certification procedure (including the applicable standards and the responsible authority). Noting an absence of information in reply to its previous request, the Committee once again repeat its requests for the Government to provide information on the measures taken to ensure that the persons referred to in Article 12 provide relevant information and instructions on how hazards are avoided, and undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with the obligations under Article 12(a) and (b) of the Convention.

Article 17. Obligation for employers to collaborate whenever two or more undertakings engage in activities simultaneously at one workplace. Noting an absence of information in this respect in the Government’s report, the Committee once again requests the Government to provide information on procedures prescribed for collaboration between two or more employers undertaking activities simultaneously at one workplace.

Article 18. Measures to deal with emergencies and accidents, including first-aid arrangements. The Committee previously noted that the Act on Industrial Safety at Hazardous Production Facilities (Act No. 2 of 12 February 2004) provides for requirements to ensure the safe operation of hazardous production facilities, aimed at preventing disasters and accidents at hazardous production facilities and ensuring that companies using hazardous production facilities are prepared to contain and address the effects of such disasters. It also noted section 340 of the Labour Code provides that employers are required to organize primary health-care services to attend to accidents or diseases at the workplace, and arrange for appropriate healthcare services.  The Committee once again requests the Government to provide information on any measures taken or envisaged to require employers, besides hazardous production facilities, to provide measures to deal with emergencies.

Article 20. Cooperation at the level of the undertaking. The Committee previously noted that section 356 of the Labour Code foresees the possibility to establish labour protection (OSH) committees in undertakings, which are composed of an equal number of representatives of employers and trade unions (or other representative bodies authorized by workers). The Committee notes the Government’s reference in its report to the role of OSH committees as part of OSH management systems at the workplace. The Committee once again requests the Government to provide information on the implementation of section 356 of the Labour Code in practice.

B. Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Articles 2, 4, 6, 7, 10 and 11 of the Convention. Sale, hire, transfer in any other manner and exhibition of machinery. Obligation concerning the guarding of machinery. Use by workers of machinery without guards. The Committee previously noted that section 352(6) of the Labour Code provides that machinery must meet the established protective requirements and require a certificate of compliance. Section 138 of the Labour Code requires employers to ensure the proper operation of machinery, equipment and other facilities. Further, it noted technical standard 12.2.062-81, which provides for preventive measures to protect workers from moving parts of machinery.

The Committee notes the Government’s statement that the State Inspection Service for Labour, Migration and Employment (SILME) controls compliance with technical standard 12.2.062-81. It further notes the information in the Government’s report under Convention No. 155 that operation of defective machinery was one of the main causes of industrial accidents with serious outcomes in 2019. The Committee once again requests the Government to specify whether section 352(6) of the Labour Code provides for obligations of persons who sell, hire or transfer machinery for occupational use, and if so, to provide more specific information on the certification procedure (including the applicable standards and the responsible authority). The Committee requests the Government to provide information on how it is ensured that employers comply with their obligations to ensure the safe conditions of machinery, devices and equipment, so as to protect the safety and health of workers. Lastly, the Committee requests the Government to provide up-to-date and detailed statistics on the accidents relating to the use of machinery, indicating the number, nature and cause of accidents.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 4 of the Convention. Measures to be taken for the prevention and control of occupational hazards. Provisions for the practical implementation of these measures. The Committee previously noted that section 138 of the Labour Code provides that employers are required to provide for a safe and healthy working environment, including the elimination of hazards from noise, radiation, vibration and other factors negatively affecting human health. It requested more detailed information on the measures to be taken by employers for the prevention and control of, and protection against, occupational hazards in the working environment due in particular to air pollution, noise and vibration.

The Committee notes the reference of the Government, in response to its previous request, to the adoption of the following Order regulating noise and vibration hazards: (i) Standards on noise measurement in work spaces, domestic buildings, public buildings and on the premises of housing developments (Order of the Minister of Health and Social Protection, No. 453 of 13 June 2017); and (ii) Sanitary regulations: hygiene requirements for work spaces and working environments where sources of vibration are present (Order of the Minister for Health and Social Protection, No. 453 of 13 June 2017). The Committee requests the Government to provide information on any regulations or technical standards adopted on the measures to be taken by employers for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution. It also requests the Government to provide a copy of the abovementioned Order, with its next report.

Article 6(2). Collaboration between two or more employers. The Committee refers to its comment under Article 17 of Convention No. 155 above.

Article 8. Criteria and exposure limits, revision of criteria at regular intervals and recourse to technical expertise in relation thereto. The Committee once again requests the Government to provide information on the following: (a) the criteria established for determining the hazards of exposure covered by the Convention and the exposure limits specified for these hazards; (b) the procedure by which the established criteria and limits are supplemented and revised in light of current national and international knowledge and data; and (c) which representative organizations have designated technically competent persons for the purpose of this Article.

Article 12. Use of processes, substances, machinery and equipment to be notified to the competent authority and any prohibitions thereon prescribed by the competent authority. The Committee requests the Government to indicate whether the use of any processes, substances, machinery and equipment, as specified by the competent authority, involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, shall be notified to the competent authority, and whether the competent authority, as appropriate, may authorize their use on prescribed conditions, or prohibit it.

Article 13. Information and instructions on occupational hazards in the working environment. The Committee previously noted that section 19 of the Labour Code provides that employers are obliged to inform workers about hazardous working conditions, and that section 352 provides that employers are required to publish instructions on how to prevent risks as detected from workplace assessments.

The Committee notes the Government’s indication, in response to its previous request, that the workplace assessment covers a measurement of occupational hazards in the working environment and the measures to be taken to address them, in accordance with the Regulations on the Certification of Workspace Conditions (Government Decision No. 429 of 3 July 2014).

Article 15. Competent person or use of a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. Noting that the Government has not provided a reply in this regard to the Committee’s previous request, the Committee once again requests the Government to provide information on the requirements for employers to appoint a competent person, or use a competent outside service or service common to several undertakings to deal with relevant risks.

C. Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to follow-up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying the most up-to-date instruments in this subject area.

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 7 of the Convention. Maintenance and cleanliness of premises and equipment. The Committee previously requested the Government to indicate whether there are any legal requirements for employers concerning the maintenance and cleanliness of premises and equipment, in accordance with Article 7. In this respect, the Committee notes that, pursuant to sections 19 and 331 of the Labour Code, the employer is responsible for ensuring compliance with occupational safety and health requirements, including sanitary and hygiene requirements. It further notes that section 348 of the Labour Code provides that the employer is responsible for ensuring the appropriate working environment for occupational safety in each workplace, and for the safety of equipment. The Committee notes this information.

Articles 11 and 14. Arrangement of workplaces and layout of workstations. Sufficient and suitable seats. The Committee once again requests the Government to indicate whether there are any legal requirements for employers concerning the arrangement of workplaces and the layout of workstations (Article 11), as well as with regard to sufficient and suitable seats (Article 14).

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

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

The Committee notes the information that according to section 160 of the Labour Code of the Republic of Tajikistan, it is prohibited to employ women in underground work, heavy work and work in harmful conditions, as well as work related to manual lifting and moving of loads in excess of the permitted legal limits.

The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on policy regarding the Revision of Standards, the ILO Governing Body has decided that with respect to underground work, the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos 4, 41 and 89, “the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial” (paragraph 186).

In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45. In this respect, the Committee recalls that according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018. The Committee requests the Government to keep the Office informed of any decision taken in this regard.