Occupational Safety and Health Convention, 1981 (No. 155) - Kazakhstan (Ratification: 1996)

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

The Committee notes the information provided by the Government in response to its previous requests with respect to Article 11(c), (d) and (f) of the Convention (progressive carrying out of functions to give effect to the national policy).

Article 5(b). The relationship between material elements of work and persons who carry out or supervise the work. The Committee notes the Government’s statement, in response to the Committee’s previous request, that pursuant to section 22 of the Labour Code, a worker has the right to a workplace that is in line with occupational safety and health (OSH) regulations, and that section 311 of the Labour Code requires that workplace occupational safety conditions meet the requirements of national standards and regulations on OSH. With reference to paragraph 68 of the 2009 General Survey on occupational safety and health, the Committee recalls that Article 5(b) refers to the need to ensure that machinery, equipment, working-time arrangements, organization of work and work processes are adapted to the physical and mental capacities of the workers and that this adaptation is an important element of prevention of occupational accidents and diseases, including, in particular, musculoskeletal diseases. The Committee requests the Government to indicate the extent to which the policy referred to in Article 4 of the Convention covers the sphere of action provided by Article 5(b), and in particular if any national standards or regulations have been adopted in this regard.

Article 9. Enforcement. Application in practice. The Committee notes the information in the Government’s report relating to the number of violations related to OSH detected by labour inspectors in 2013 and 2014, as well as the number of administrative fines imposed, instructions to rectify violations issued, and stop orders given. Recalling that pursuant to Article 9 of the Convention, the enforcement of laws and regulations concerning OSH and the working environment shall be secured by an adequate and appropriate system of inspection and with reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to take the necessary measures to ensure the enforcement of national OSH legislation to all workplaces. It also requests the Government to continue to provide information on the application of the Convention in practice, including with respect to the number of inspections undertaken, the number and nature of violations detected and the number and type of penalties imposed.

Article 16(2). Provisions whereby employers are required to ensure that the chemical, physical and biological substances and agents under their control are without risk to health. The Committee notes that pursuant to section 317(1)(14) of the Labour Code, the employer is required to provide safe working conditions, and pursuant to section 317(1)(1), the employer is required to preclude any risks in the workplace and in manufacturing processes by means of prevention and the replacement of manufacturing equipment and technological processes with safer ones. Noting these general obligations, the Committee requests the Government to provide further information on any specific provisions requiring employers to ensure that, so far as is reasonably practicable, the chemical, physical and biological substances and agents under their control are without risk to health when the appropriate measures of protection are taken.

Article 19(d). Arrangements to give workers’ representatives appropriate training in OSH. The Committee notes that section 317 of the Labour Code requires employers to provide employees with training and instruction in labour protection and labour safety. Recalling that pursuant to Article 19(d) of the Convention, representatives of workers in the undertaking shall also be given appropriate training in OSH, the Committee requests the Government to provide information on measures taken to ensure that such representatives are provided with appropriate training on OSH.

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

The Committee notes with interest the Government’s latest report including information regarding the long-term development strategy “Kazakhstan 2030”, the successive occupational safety and health (OSH) programmes implemented (most recently for the period 2007–09), the National Decent Work Country Programme 2007–09 and the concurrent legislative reform which includes the adoption of a Labour Code which entered into force in 2007. The Committee also notes the information that, in line with the Labour Code, one of the main priorities is improving the national OSH policy and management systems. The Committee notes the statement that, in line with its basic OSH principles, section 4 of the Labour Code lists the aims of the national OSH policy and that since its entry into force the Labour Code has been implemented, inter alia, by the adoption of 26 regulatory acts (including 11 concerning OSH) and over 30 amendments and additions. The Committee also notes submission of copies of the following legislation: Resolution respecting the provision of information and production of national statistics on OSH (No. 720 of 21 August 2007); Resolution respecting the adoption of regulation on OSH by the competent authorities (No. 721 of 21 August 2007); Decree respecting the preparation and approval of instructions on OSH by employers (No. 157-p of 16 July, 2007); Decree respecting model statutes of the occupational safety and health service in organizations (No. 200-p of 22 August 2007); Decree respecting list of work in which it is prohibited to employ workers under the age of 18 years (No. 185-p of 31 July 2007); and Decree respecting limits for the carrying and moving of heavy loads by workers under the age of 18 years (No. 185-p of 31 July 2007). The Committee welcomes these developments and requests the Government to continue to provide information on future reviews of the national policy in the area of OSH and on laws and regulations giving effect thereto.

Article 5(b) of the Convention. The relationship between material elements of work and persons who carry out or supervise the work. The Committee notes that the Government’s report is silent as regards the Committee’s previous query on the effect given to this Article. The Committee reiterates its request to the Government to indicate the extent to which the relationship between material elements of work and persons who carry out or supervise the work are taken into account in the elaboration of relevant OSH standards.

Article 11(c) and (d). Notification and the holding of inquiries of occupational accidents and diseases. The Committee welcomes the adoption of the Resolution respecting the provision of information and production of national statistics on OSH (No. 720 of 21 August 2007) and notes that, according to section 4 of the Labour Code, one of the aims of the national policy on OSH includes the “establishment of a single procedure for reporting industrial accidents and occupational diseases”. Given the crucial importance of systematic accident investigations for preventive purposes and the availability of reliable statistical data on not only occupational accidents but also occupational diseases to enable the tracking of progress in this area, the Committee welcomes this objective. Against this background, the Committee would also like to draw the Government’s attention to the fact that a new list of occupational diseases was adopted in March 2010 (see www.ilo.org/ilolex/english/recdisp1.htm) and that this list may serve as a useful model for any future legislation in this area. With reference to the above, and subsection 20.1, paragraphs 18 and 24, of the Labour Protection Law which regulates the notification of accidents and the holding of inquiries in respect of occupational accidents, the Committee requests the Government to indicate measures taken for the development of a system for recording and notification of both occupational accidents and diseases and to submit the relevant legislation once it has been adopted.

Article 11(f). Systems to examine chemical, physical and biological agents in respect of the risk to health. With reference to the application of this Article, the Committee notes the references made in the Government’s most recent report to the authority of the labour inspectors under section 330 of the Labour Code to ensure compliance with labour legislation but that these appear to be of relevance mainly to the application of Article 9 of the Convention. The Committee would like to draw the Government’s attention to the present provision. Article 11(f) has a more preventive focus including research into the potential risks of chemical, physical and biological agents including the introduction of risk-assessment mechanisms at workplaces, such as those referred to in section 20 of the Occupational Safety and Health Act. For a discussion on this matter see paragraphs 141–144 of the General Survey of 2009 on occupational safety and health (full text available at www.ilo.org/ilolex/english/surveyq.htm). The Committee invites the Government to provide further information on the progressive extension of risk assessment mechanisms at the workplace.

Article 16(2). Provisions whereby employers are required to ensure that the chemical, physical and biological substances and agents under their control are without risk to health. The Committee notes that the Government’s report includes no new information in response to the Committee’s previous query regarding the application of this provision. The Committee requests the Government to indicate the measures which shall be taken by employers to ensure that the abovementioned substances and agents are without risks to health.

Article 19(d). Arrangements to give workers’ representatives appropriate training in occupational safety and health. The Committee notes that, in response to its previous query regarding measures taken to implement this provision, the Government refers to section 315 of the Labour Code regarding the obligations of the workers and sections 340–341 regarding voluntary control exercised by voluntary labour inspectors including a list of their rights. The Committee notes that these provisions do not respond to the query raised in its previous comment. The Committee reiterates its request that the Government indicate measures taken to ensure application of this provision.

Part V of the report form. Application in practice. The Committee notes the reference to section 328 of the Labour Code and the detailed information regarding the functions and powers of the labour inspectorates. The Committee requests the Government to give a general appreciation of how the labour inspectorate functions in practice and whether inspectors are granted appropriate access to workplaces in order to carry out their work. The Committee also requests the Government to provide extracts from reports of the inspection services and, so far as such statistics are available, information concerning the number and nature of contraventions reported and the action taken on them, etc.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report and notes that a Programme on Occupational Safety and Health of the Republic of Kazakhstan for 2005-07 (hereafter “OSH Programme”) has been approved by the Government by Decree No. 67 of 27 January 2005, which seeks to address major problems related to occupational safety and health at the national level and to improve public health, raise the standard and quality of life, promote occupational safety and health and ensure workers’ rights to safe working conditions.

2. Article 5(b) of the Convention. Taking into account the relationship between material elements of work and persons who carry out or supervise the work in the national policy on occupational safety and health. The Committee notes that the new OSH Programme aims at reducing significantly the negative impact of harmful and hazardous production factors and creating safe working conditions through reconstruction and technological renovation of production facilities. The Committee also notes that the OSH Programme includes a focus on scientific research in the area of OSH with a view to improving technical and sanitary standards on technological processes and equipment giving effect to international Conventions. The Government is requested to indicate the extent to which the relationship between material elements of work and persons who carry out or supervise the work are taken into account within the elaboration of such standards.

3. Article 11(c) and (d). Notification of occupational diseases and the holding of inquiries with regard to occupational accidents and diseases. The Committee refers to its previous comments concerning the procedure for the notification of accidents and diseases and the holding of inquiries in respect of occupational accidents and diseases, which is regulated in subsection 20.1, paragraphs 18 and 24, of the Labour Protection Law. As the Government’s latest report contains no reply to these comments, the Government is requested to indicate the provisions containing requirements with respect to occupational diseases.

4. Article 11(f). Systems to examine chemical, physical and biological agents in respect of the risk to health. The Committee notes that the OSH Programme envisages an increase of scientific research in the field of occupational safety and health. The Committee hopes that an extension of the systems to examine the indicated agents in respect of their risk to health will be included as a part of this process and requests the Government to communicate information on any progress achieved in this respect.

5. Article 16, paragraph 2. Provisions whereby employers are required to ensure that the chemical, physical and biological substances and agents under their control are without risk to health. The Committee notes the Government’s reference to the procedure of the periodical (once within a five-year period) assessment of industrial units with respect to working conditions and especially to occupational safety and health that is stipulated in article 20 of the Occupational Safety and Health Act. The Committee requests the Government to indicate the measures, which shall be taken by employers, to ensure that the abovementioned substances and agents are without risks to health.

6. Article 19(d). Arrangements to give workers’ representative appropriate training in occupational safety and health. The Committee notes the Government’s reference to article 33 of the Occupational Safety and Health Act which contains a list of functions and rights of workers’ representatives in the OSH field. The Committee requests the Government to indicate provisions providing appropriate measures to provide for training of workers’ representatives.

7. Part V of the report form. Practical application. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Kazakhstan providing, for example, extracts from reports of the inspection services and, so far as such statistics are available, information concerning the number and nature of contraventions reported and the action taken on them, etc.

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

1. The Committee takes note of the information provided by the Government in its reports. It requests the Government to supply clarifications and supplementary information with respect to the following points.

2. Article 5, paragraph (b), of the Convention. Extent to which the coherent national policy on occupational safety and health takes into account the relationship between material elements of work and persons who carry out or supervise the work. The Committee requests the Government to indicate the methods by which effect is given to this provision of the Convention.

3. Article 11, paragraphs (c) and (d). Notification of occupational diseases and the holding of inquiries with regard to occupational diseases. The Committee notes that subsection 20.1, paragraphs 18 and 24, of the Labour Protection Law deal with the procedure for the notification of accidents and the holding of inquiries in respect of occupational accidents. The Government is requested to indicate the provisions containing similar prescriptions as regards occupational diseases.

4. Article 11, paragraph (f). System of examination of chemical, physical and biological agents in respect of the risk to health. The Committee requests the Government to indicate a method by which the competent authority or authorities ensure that this function is carried out.

5. Article 16, paragraph 2. Provisions whereby employers are required to take action called for in this paragraph. The Committee notes the Government’s reference to "safety regulations for the production, sale and use of dangerous chemical substances" as one of the instruments giving effect to this paragraph of the Convention. As these texts are not available to the Committee, it requests the Government to provide a copy of them with its next report so that it can examine the extent to which they give effect to the provision.

6. Article 19, paragraph (d). Measures to give appropriate training in occupational safety and health to workers’ representatives. The Committee notes that section 16 of the Law on the protection of labour, adopted on 28 February 2004, prescribes the measures necessary to give the appropriate training to workers at the undertaking. It requests the Government to indicate provisions providing similar measures in respect of workers’ representatives.