Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Azerbaijan (Ratification: 1992)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 6(2) of the Convention. Duty of employers to collaborate when undertaking activities simultaneously at one workplace. The Committee previously noted the Government’s indication that when several employers undertake activities simultaneously at one workplace, their mutual obligations are, in a general manner, specified under contracts on common works, and it requested further information, including extracts from such contracts. The Committee notes the Government’s reference, in reply to its previous request, to the provisions of the Labour Code concerning employers’ obligations which respect to occupational safety and health (sections 215, 216 and 220). It notes that these provisions do not require employers to collaborate, as they undertake activities simultaneously at one workplace, in order to comply with the prescribed measures without prejudice to the responsibility of each employer for the health and safety of his or her employees. The Committee therefore requests the Government to take measures, in law or practice, to ensure that whenever two or more employers undertake activities simultaneously at one workplace they collaborate in order to comply with prescribed occupational safety and health measures.

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

The Committee notes with interest the comprehensive report submitted by the Government including detailed information on procedures by which established criteria and exposure limits are regularly reviewed giving effect to Article 8(3) of the Convention.

Article 6(2) of the Convention. Collaboration between two or more employers. The Committee notes that the detailed information provided by the Government does not include information regarding the effect given to the present provision of the Convention which prescribes 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 measures, without prejudice to the responsibility of each employer for the health and safety of their employees, and that in appropriate circumstances, the competent authority shall prescribe general procedures for this collaboration. The Committee notes that according to information provided in previous reports, such cooperation is apparently regulated in contracts on common works concluded by employers, undertaken simultaneously. The Committee therefore reiterates its request that the Government provide information on measures taken in law and in practice in giving full effect to the provision of the Convention including, as appropriate, copies of or extracts from contracts on common works concluded by employers, undertaken simultaneously, activities at one workplace with clauses establishing the employers’ duty to collaborate in order to comply with the prescribed measures.

Part IV of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from the reports of the inspection services, and if such statistics are available, information on the number of workers covered by the relevant legislation and other measures on the number and nature of contraventions reported, etc.

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

1. The Committee notes the information provided by the Government in its latest report, in particular the information regarding the application of Article 5, paragraph 4, of the Convention.

2. Article 6, paragraph 2, of the Convention. Collaboration between two or more employers. The Committee requested the Government in its previous comments to supply copies of or extracts from contracts on common works concluded by employers, undertaking simultaneously, activities at one workplace which contain mutual duties, as well as the separate responsibilities of each employer established in the Labour Code. While the Government’s report contains no new information or documents requested, the Committee reiterates its request and would be grateful if the Government would provide with its next report examples of such contracts with clauses establishing the employers’ duty to collaborate in order to comply with the prescribed measures.

3. Article 8, paragraph 3. Procedures by which the established criteria and exposure limits are regularly reviewed. The Committee notes that the State Agency on Standardization set up through Presidential Decree of 27 December 2001 has started to draw up national standards and rules in the area of occupational safety and health. The Committee hopes that this will lead to the criteria for determining the hazards to exposure to air pollution, noise and vibration in the working environment and specific exposure limits on the basis of these criteria being established and regularly supplemented and revised in the light of current national and international knowledge and data, taking into account any increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace. The Government is requested to keep the Committee informed of any progress achieved and to supply a copy of the relevant provision adopted in this respect.

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

The Committee notes with interest the information provided by the Government in its latest report, and in particular the information regarding the application of Article 5, paragraph 3; Article 7, paragraph 2; and Article 12 of the Convention.

Article 5, paragraph 4. Participation of representatives of the employer of the enterprise in labour inspection. The Committee notes that in accordance with sections 236, subsection 2; and section 237, subsection 3, of the Labour Code employees’ health and safety representatives as well as representatives of trade unions are empowered to monitor the labour protection situation at workplaces, and trade unions’ representatives can participate in the work of state commissions on testing the equipment and machinery before their use in production, on the investigation of occupational accidents at work, on the monitoring of labour protection situation of compliance with its improvement tasks as specified in collective agreements. While this provision of the Convention envisages that representatives of the employer and of the workers of the undertaking shall have the opportunity to accompany inspectors supervising the application of the measures prescribed, the Government is requested to indicate under which provisions the representatives of the employer of the enterprise may participate in such supervising activity.

Article 6, paragraph 2. Collaboration between two or more employers. The Committee notes the Governments’ reference to contracts on common works concluded by employers, undertaken simultaneously, activities at one workplace which contain mutual duties, as well as to the separate responsibilities of each employer established in the Labour Code. The Committee requests the Government to supply, with its next report, copies of or extracts from such contracts with clauses establishing the employers’ duty to collaborate in order to comply with the prescribed measures.

Article 8, paragraph 3. Procedures by which the established criteria and exposure limits are regularly supplemented. The Committee notes that one of the basic principles of occupational safety established in section 209 of the Labour Code deals with regular improvements in occupational safety standards. The Committee also notes the information about the creation of the Central Occupational Safety and Health Laboratory under the direction of the State Labour Inspectorate as well as its main purpose to carry out determination of safety and health conditions at workplaces. The Government is requested to provide information about the role and specific activities of the State Labour Inspectorate and this Laboratory in ensuring that the criteria and exposure limits established are supplemented and reviewed at regular intervals in the light of current national and international knowledge and data.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government.

The Committee asks the Government to provide information on the application of Article 7, paragraph 2 (procedures enabling workers or their representatives to present proposals on measures to improve protection against occupational hazards), Article 8, paragraph 4 (description of the procedures for ensuring that the criteria and exposure limits established are supplemented and reviewed at regular intervals in the light of current national and international knowledge and data) and Article 12 (notification to the competent authority of the use of processes, substances, machinery and equipment which involve exposure of workers to occupational hazards due to air pollution, noise or vibration in the working environment) of the Convention.

The Committee asks the Government to provide further information on the following points.

Article 5, paragraph 3. The Committee notes that the regulations on the conclusion of collective agreements, currently in force, and the future Act on collective and other agreements, the draft of which has been submitted to the National Assembly, are the instruments which govern, or will govern, relations between the employer (administration of the enterprise) and workers in the area of protection at work. The Committee asks the Government to provide a copy of the above-mentioned regulations and of the text of the future Act, as soon as it has been adopted.

Article 5, paragraph 4. The Committee notes that inspectors monitor compliance with standards and regulations in the presence of representatives of the enterprise. The Committee asks the Government to indicate under which provisions the representatives of the employer of the enterprise may accompany inspectors supervising the application of the measures prescribed.

Article 6, paragraph 2. The Committee notes the Government's statement that collaboration between employers undertaking activities simultaneously at one workplace is established, as a general rule, on the basis of an agreement concerning the activity conducted jointly. The Committee asks the Government to indicate which provisions require employers to collaborate in the event of joint or other activities at one workplace, and to provide information on all procedures prescribed to ensure such collaboration.