Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Kazakhstan (Ratification: 1996)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 5(4) of the Convention. Rights of representatives of employers and workers. The Committee notes from the Government’s report that under section 340 of the Labour Code, supervision of occupational safety and health is ensured by a public occupational safety inspector, who is elected by the trade union committee in each undertaking and, in the absence of such committee, a general meeting (conference) of workers of the undertaking. It also notes that pursuant to section 341(2) of the same Code, the public labour inspector, who represents the workers, is entitled to participate in inspection visits carried out by state labour inspectors.

Article 6(2). Duty to collaborate. In reply to the Committee’s previous request, the Government indicates that the duty of employers to collaborate in order to comply with occupational safety and health measures is provided for in sectoral standards and occupational safety regulations. It adds that under section 1.5 of SNiP 1.03-05-2001 on Occupational safety and safety procedures in construction, the main employer is required to draft an action plan to ensure safe working conditions which is binding for all subcontractors undertaking activities on the construction site. The Committee further notes from the Government’s report on the application of the Occupational Safety and Health Convention, 1981 (No. 155), that SNiP A.3.2.5-96 also provides for a general duty to cooperate. The Committee requests the Government to indicate whether it has issued general procedures for collaboration between two or more employers undertaking activities simultaneously at one workplace, as prescribed by this Article of the Convention. The Committee also requests the Government to provide information on the implementation of these procedures as regards air pollution, noise and vibration, both in law and practice.

Article 8. Procedures for establishing criteria on hazard exposure and determining exposure limits. The Committee notes the adoption of Government Resolution No. 168 of 25 January 2012 which sets out disease control requirements in the working environment involving physical hazards (noise, vibration, temperature, ionizing radiation, etc.). It also notes the Government’s indication that, before its adoption, the draft resolution was sent to the National Chamber of Entrepreneurs of Kazakhstan and to accredited associations of private entrepreneurship bodies. The Committee draws the Government’s attention to the fact that under Article 8(2) of the Convention, the criteria for establishing the hazards of exposure to noise, vibration and air pollution and exposure limits to such hazards are to be determined, taking due account of the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned. The Committee requests the Government to indicate which representative organizations have designated technically competent persons for the purpose of Article 8(3), and how their opinion has been taken into account in drafting Government Resolution No. 168. The Committee also requests the Government to supply a copy of Government Resolution No. 168, giving particulars of the criteria established and the exposure limits determined.

Article 12. Notification requirements concerning the use of processes, substances, machinery and equipment. The Committee notes the information provided by the Government on the results of inspection visits, which led to the suspension or prohibition of hazardous processes and machinery. Further to its previous requests, the Committee wishes to emphasize that Article 12 of the Convention does not refer to enforcement operations by inspection services but provides that the use of processes, substances, machinery and equipment specified by the competent authority shall be regulated by way of a notification to this competent authority which may authorize their use on prescribed conditions or prohibit it. The Committee requests the Government to indicate whether such notification procedures exist and to identify the competent authority for the purposes of this Article of the Convention. The Committee also requests the Government to give particulars of the processes, substances, machinery and equipment, the use of which must be notified to the competent authority, and of any conditions prescribed and any prohibitions issued by such authority.

Application in practice. The Committee takes note of the general information provided by the Government regarding the activities of labour inspection services and work-related accidents reported. However, the Committee notes that the Government’s report does not contain specific information regarding the matters covered by the Convention. The Committee therefore requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, including information on the number of workers covered by the relevant legislation, the number and nature of contraventions reported in relation to the application of the Convention, the number and nature of work-related accidents and diseases caused by air pollution, noise or vibration and the measures, taken or envisaged, to address the causes of such accidents and diseases.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Further to its observation, the Committee notes the information provided by the Government in its latest report, and the attached documentation, indicating recent legislative amendments, including Labour Code No. 251 of 15 May 2007 and Resolution No. 851 approving the regulations on the organization and conduct of state control in the field of occupational safety and health of 27 November 2007, which give further effect to the provisions of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the Convention.

Article 5, paragraph 4, of the Convention. Rights of representatives of employers and workers. The Committee notes the information provided by the Government indicating the individual labour relations and occupational safety and health responsibilities of the Government, and the national employers’ and workers’ organizations. The Committee further notes the information that under developing practice, the state inspectorate of labour is accompanied by a representative of the management (employer) in exercising control of compliance with legislation on occupational safety and health. The Committee asks the Government to provide further information on the measures undertaken or envisaged to ensure that representatives of workers of the undertaking have the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of this Convention.

Article 6, paragraph 2. Duty to collaborate. The Committee welcomes the information indicating that the Government has ratified the Safety and Health in Construction Convention, 1988 (No. 167). The Committee asks the Government to indicate the measures undertaken or envisaged to ensure that whenever two or more employers undertake activities simultaneously at one workplace, they shall have the duty to collaborate in order to comply with the prescribed occupational safety and health measures.

Article 8, paragraphs 2 and 3. Procedures for determining exposure limits. The Committee notes the information provided by the Government indicating the national legislation which establishes the criteria for determining hazards of exposure to air pollution, noise and vibration in the working environment. The Committee reiterates its requests that the Government indicate whether the opinion of technically competent persons, designated by the most representative organizations of employers and workers concerned, are taken into account in the elaboration of the criteria and the determination of the exposure limits; and whether such criteria and exposure limits are revised regularly in the light of current national and international knowledge.

Article 12. Notification requirements concerning the use of processes, substances, machinery and equipment. The Committee notes the information provided by the Government, as in its previous report, on the authorities competent to exercise control over processes and use of substances, machinery and equipment which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration. The Committee reiterates its request that the Government provide further information on the processes, substances, machinery and equipment, the use of which must be notified to the competent authority.

Part IV of the report form. Application in practice. The Committee notes the information provided by the Government indicating that in 2008, the state inspectorate of labour carried out over 23,000 inspections of enterprises and organizations and that more than 119,000 violations of labour legislation were discovered in the course of inspections. The Committee further notes that as a result of the inspections, over 23,859 orders were issued to eliminate violations, and that in 2008, there were 2,444 cases of occupational accidents reported, of which 404 were fatal. The Committee notes that the number of occupational accidents has decreased since 2006. The Committee asks the Government to continue to provide information on the application of the Convention in practice, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents reported.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report does not provide further information on the 1998 observations by the Air Crew Trade Union of Alma Ata regarding the situation of the 80 Kazakh civil aviation staff members that allegedly suffered occupational illness, and became disabled, as a result of excessive exposure to noise and vibration in their work. The Committee urges the Government to respond to the Committee’s longstanding request for information and, with reference to paragraph 4 of Article 11 of the Convention, to also provide information on measures undertaken or envisaged to ensure that the rights of workers under social security or social insurance legislation are not adversely affected by the implementation of this Convention.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Further to its observation, the Committee notes the Government’s reports and the legislation appended thereto including Law No. 493 of 10 December 1999 on Labour, Law No. 20 of 23 December 2004 on amendments, and supplements to the Law on Labour and Law No. 528 of 28 February 2004 on Occupational Safety and Health.

Article 5, paragraph 4, of the Convention. Rights of representatives of employers and workers. The Committee notes that the report is silent as regards the question of how effect is given to this provision. The Committee requests the Government to provide supplementary information on how effect is given to the requirement that employer and representatives of the workers of the undertaking should be offered the opportunity to accompany inspectors  supervising the application of this Convention. 

Article 6, paragraph 2. Duty to collaborate. The Committee notes that the report is silent as regards the question of how effect is given to this provision. The Committee requests the Government to provide supplementary information on how effect is given to the provision that when two or more employers undertaking activities simultaneously at one workplace they shall have the duty to collaborate in order to comply with the prescribed OSH measures.

Article 8, paragraphs 2 and 3. Procedures for determining exposure limits. The committee notes that while reference is made to numerous national standards establishing exposure limits, the Governments’ reports are silent as regards the procedure for determining these criteria. The Committee requests the Government to provide supplementary information on the procedures for determining relevant exposure limits for noise, vibration and air pollution; whether the opinion of technically competent persons designated by the most representative organizations of employers and workers are taken into account in this context; and whether these exposure limits are supplemented and revised regularly in the light of current national and international knowledge and data.

Article 12. Notification requirements concerning the use of processes, substances, machinery and equipment. The Committee requests the Government to provide additional information regarding the notification requirements of specific processes, substances, machinery and equipment, which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, and whether the competent authority may authorize its use on prescribed conditions or prohibit such processes or substances.

Part IV of the report form. Application in practice. The Committee requests the Government to provide detailed information on the practical application of the Convention in the country, including extracts from labour inspection services reports, statistical information on the number of workers covered by the legislation, disaggregated by gender, if available, the number and nature of contraventions reported and actions taken.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 11, paragraph 4, of the Convention. No adverse effect on the social security rights of workers. With reference to its previous comments and the observations by the Air Crew Trade Union of Alma Ata submitted in 1998, the Committee notes the general information provided by the Government concerning the provisions in the Civil Code on obligations arising as a result of injury, and the Act concerning compulsory civil liability insurance for employers from harm to the life and health of workers and that this information does not address the specific situation of the 80 members of staff of the Kazakhstan civil aviation that allegedly suffered occupational illness and became disabled as a result of excessive exposure to noise and vibration in their work. With reference to the observations made by the Air Crew Trade Union of Alma Ata, submitted already some time ago, and its previous comments, the Committee urges the Government to take any appropriate action and to provide full particulars regarding the rights of the workers involved under social security or social insurance legislation that may have been adversely affected in this regard.

The Committee is addressing a request on other matters directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Further to its observation, the Committee notes the Government’s reports and the legislation appended thereto including Law No. 493 of 10 December 1999 on Labour, Law No. 20 of 23 December 2004 on amendments, and supplements to the Law on Labour and Law No. 528 of 28 February 2004 on Occupational Safety and Health.

2. Article 5, paragraph 4, of the Convention. Rights of representatives of employers and workers. The Committee notes that the report is silent as regards the question of how effect is given to this provision. The Committee requests the Government to provide supplementary information on how effect is given to the requirement that employer and representatives of the workers of the undertaking should be offered the opportunity to accompany inspectors  supervising the application of this Convention. 

3. Article 6, paragraph 2. Duty to collaborate. The Committee notes that the report is silent as regards the question of how effect is given to this provision. The Committee requests the Government to provide supplementary information on how effect is given to the provision that when two or more employers undertaking activities simultaneously at one workplace they shall have the duty to collaborate in order to comply with the prescribed OSH measures.

4. Article 8, paragraphs 2 and 3. Procedures for determining exposure limits. The committee notes that while reference is made to numerous national standards establishing exposure limits, the Governments’ reports are silent as regards the procedure for determining these criteria. The Committee requests the Government to provide supplementary information on the procedures for determining relevant exposure limits for noise, vibration and air pollution; whether the opinion of technically competent persons designated by the most representative organizations of employers and workers are taken into account in this context; and whether these exposure limits are supplemented and revised regularly in the light of current national and international knowledge and data.

5. Article 12. Notification requirements concerning the use of processes, substances, machinery and equipment. The Committee requests the Government to provide additional information regarding the notification requirements of specific processes, substances, machinery and equipment, which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, and whether the competent authority may authorize its use on prescribed conditions or prohibit such processes or substances.

6. Part IV of the report form. Application in practice. The Committee requests the Government to provide detailed information on the practical application of the Convention in the country, including extracts from labour inspection services reports, statistical information on the number of workers covered by the legislation, disaggregated by gender, if available, the number and nature of contraventions reported and actions taken.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes due information provided by the Government in its report.

2. Article 11, paragraph 4, of the Convention. No adverse effect on the social security rights of workers. With reference to its previous comments and the observations by the Air Crew Trade Union of Alma Ata submitted in 1998, the Committee notes the general information provided by the Government concerning the provisions in the Civil Code on obligations arising as a result of injury, and the Act concerning compulsory civil liability insurance for employers from harm to the life and health of workers and that this information does not address the specific situation of the 80 members of staff of the Kazakhstan civil aviation that allegedly suffered occupational illness and became disabled as a result of excessive exposure to noise and vibration in their work. With reference to the observations made by the Air Crew Trade Union of Alma Ata, submitted already some time ago, and its previous comments, the Committee urges the Government to take any appropriate action and to provide full particulars regarding the rights of the workers involved under social security or social insurance legislation that may have been adversely affected in this regard.

The Committee is addressing a request on other matters directly to the Government.

[The Government is asked to reply in detail to the present comments in 2008.]

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

1. The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee noted the comments made by the Air Crew Trade Union of Alma Ata. The union indicated that 80 staff of Kazakhstan civil aviation who suffered occupational illness and became disabled as a result of noise and vibration in excess of the permitted levels, and members of the families of air crew staff who have been killed, have been awarded compensation from the State National Company NAAK "Kazakhstan aue zholy". On 20 August 1996, by a Government Decree and on the basis of NAAK assets, the state national airline "Air Kazakhstan", a closed joint stock company, was established and the state shares were transferred to it. Air Kazakhstan now refuses to pay the compensation awarded to the staff on grounds that it does not regard itself as the legal successor to NAAK with regard to payment of the latter’s debts, since there is no specific mention of this in its constituent documents. Under sections 46 and 47 of the Kazakhstan Civil Code, if state-owned means of production are transferred, any obligations in respect of compensation to workers who become disabled as a result of work are also transferred. No mention of this was made in either the Government Decree which is the transfer document, or in any other documents of the new company.

The union further stated that in May 1997, the Prosecutor-General of the Republic of Kazakhstan acknowledged that the new law had been violated and proposed an appropriate amendment to the Government Decree and the company’s constituent documents. However, the Government decided to go ahead with the closure of NAAK rather than bringing the Decree into conformity with the legislation. In February 1998, the NAAK was declared bankrupt. Under section 50(9) of the Civil Code, where such a company has insufficient assets to continue trading, the Government, as owner, was obliged to meet the legitimate demands of former employees of the state enterprise from its own funds, by returning part of the assets needed to meet the demands of creditors, especially citizens who have suffered loss because of the enterprise.

The union considered that, given sufficient goodwill, former aircrew members who are now disabled should have a legal basis for protecting their health and citizens below the age of majority should receive benefits for the loss of a parent.

The Committee recalled that Article 11, paragraph 4, of the Convention, requires that rights of workers under social security or social insurance legislation should not be adversely affected in implementing the Convention. It therefore requested the Government to provide full particulars regarding the rights of the workers involved under social security or social insurance legislation that may have been adversely affected in this regard.

2. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee noted the comments made by the Air Crew Trade Union of Alma Ata. The union indicated that 80 staff of Kazakhstan civil aviation who suffered occupational illness and became disabled as a result of noise and vibration in excess of the permitted levels, and members of the families of air crew staff who have been killed, have been awarded compensation from the State National Company NAAK "Kazakhstan aue zholy". On 20 August 1996, by a Government Decree and on the basis of NAAK assets, the state national airline "Air Kazakhstan", a closed joint stock company, was established and the state shares were transferred to it. Air Kazakhstan now refuses to pay the compensation awarded to the staff on grounds that it does not regard itself as the legal successor to NAAK with regard to payment of the latter’s debts, since there is no specific mention of this in its constituent documents. Under sections 46 and 47 of the Kazakhstan Civil Code, if state-owned means of production are transferred, any obligations in respect of compensation to workers who become disabled as a result of work are also transferred. No mention of this was made in either the Government Decree which is the transfer document, or in any other documents of the new company.

The union further stated that in May 1997, the Prosecutor-General of the Republic of Kazakhstan acknowledged that the new law had been violated and proposed an appropriate amendment to the Government Decree and the company’s constituent documents. However, the Government decided to go ahead with the closure of NAAK rather than bringing the Decree into conformity with the legislation. In February 1998, the NAAK was declared bankrupt. Under section 50(9) of the Civil Code, where such a company has insufficient assets to continue trading, the Government, as owner, was obliged to meet the legitimate demands of former employees of the state enterprise from its own funds, by returning part of the assets needed to meet the demands of creditors, especially citizens who have suffered loss because of the enterprise.

The union considered that, given sufficient goodwill, former aircrew members who are now disabled should have a legal basis for protecting their health and citizens below the age of majority should receive benefits for the loss of a parent.

The Committee recalled that Article 11, paragraph 4, of the Convention, requires that rights of workers under social security or social insurance legislation should not be adversely affected in implementing the Convention. It therefore requested the Government to provide full particulars regarding the rights of the workers involved under social security or social insurance legislation that may have been adversely affected in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s reports on the application of the Convention. It will examine them in detail at its next session.

The Committee also notes the comments made by the Air Crew Trade Union of Alma Ata. The union indicates that 80 staff of Kazakhstan civil aviation who suffered occupational illness and became disabled as a result of noise and vibration in excess of the permitted levels, and members of the families of air crew staff who have been killed, have been awarded compensation from the State National Company NAAK "Kazakhstan aue zholy". On 20 August 1996, by a Government Decree and on the basis of NAAK assets, the state national airline "Air Kazakhstan", a closed joint stock company, was established and the state shares were transferred to it. Air Kazakhstan now refuses to pay the compensation awarded to the staff on grounds that it does not regard itself as the legal successor to NAAK with regard to payment of the latter’s debts, since there is no specific mention of this in its constituent documents. Under sections 46 and 47 of the Kazakhstan Civil Code, if state-owned means of production are transferred, any obligations in respect of compensation to workers who become disabled as a result of work are also transferred. No mention of this was made in either the Government Decree which is the transfer document, or in any other documents of the new company.

The union further states that in May 1997, the Prosecutor-General of the Republic of Kazakhstan acknowledged that the new law had been violated and proposed an appropriate amendment to the Government Decree and the company’s constituent documents. However, the Government decided to go ahead with the closure of NAAK rather than bringing the Decree into conformity with the legislation. In February 1998, the NAAK was declared bankrupt. Under section 50(9) of the Civil Code, where such a company has insufficient assets to continue trading, the Government, as owner, is obliged to meet the legitimate demands of former employees of the state enterprise from its own funds, by returning part of the assets needed to meet the demands of creditors, especially citizens who have suffered loss because of the enterprise.

The union considers that, given sufficient goodwill, former aircrew members who are now disabled should have a legal basis for protecting their health and citizens below the age of majority should receive benefits for the loss of a parent.

The Committee recalls that Article 11, paragraph 4, of the Convention requires that rights of workers under social security or social insurance legislation should not be adversely affected in implementing the Convention. It therefore requests the Government to provide full particulars regarding the rights of the workers involved under social security or social insurance legislation that may have been adversely affected in this regard.