Radiation Protection Convention, 1960 (No. 115) - 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).

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

The Committee notes the information provided by the Government in its report in reply to its previous comments regarding the following Articles of the Convention: Article 3(1) (appropriate steps to ensure effective protection of workers against ionizing radiations); Article 5 (restriction of the exposure of workers to the lowest practicable level); Article 6(1) (fixing of maximum permissible doses); Article 8 (fixing of appropriate levels for workers who may be exposed temporarily to ionizing radiations); Article 9 (information and instruction of workers exposed); Article 11 (monitoring of workers and places of work to measure the exposure of workers to radiation); Article 12 (appropriate medical examinations); Article 13 (measures to be taken urgently in certain circumstances to be specified because of the nature or degree of the exposure); and Article 15 (inspection services).

Articles 6(2), 7, 10 and 14 of the Convention. Constant review of the maximum permissible doses of ionizing radiations in light of current knowledge. Fixing of appropriate levels for workers under the age of 18. Notification of work involving exposure to ionizing radiations. Transfer to other appropriate work for a worker who could be subject to exposure to ionizing radiations contrary to qualified medical advice. The Committee notes the Government’s intention to submit a detailed report on the Convention, taking into consideration the up-to-date relevant international standards. In this regard, the Committee wishes to draw the Government’s attention, in particular, to the following paragraphs of its general observation: paragraphs 32–37 on the maximum permissible dose limits, according to the categories of workers and during an emergency; and paragraph 40 on the discontinuation of assignment to work involving exposure to ionizing radiations further to medical advice and the offer of alternative employment. The Committee invites the Government to review its legislation in light of the abovementioned paragraphs of its 2015 general observation and to provide information on the measures taken to bring it into conformity with the up-to-date standards on radiation protection.

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

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

The Committee notes the information provided by the Government in its report in reply to its previous comments regarding the following Articles of the Convention: Article 3(1) (appropriate steps to ensure effective protection of workers against ionizing radiations); Article 5 (restriction of the exposure of workers to the lowest practicable level); Article 6(1) (fixing of maximum permissible doses); Article 8 (fixing of appropriate levels for workers who may be exposed temporarily to ionizing radiations); Article 9 (information and instruction of workers exposed); Article 11 (monitoring of workers and places of work to measure the exposure of workers to radiation); Article 12 (appropriate medical examinations); Article 13 (measures to be taken urgently in certain circumstances to be specified because of the nature or degree of the exposure); and Article 15 (inspection services).

Articles 6(2), 7, 10 and 14 of the Convention. Constant review of the maximum permissible doses of ionizing radiations in light of current knowledge. Fixing of appropriate levels for workers under the age of 18. Notification of work involving exposure to ionizing radiations. Transfer to other appropriate work for a worker who could be subject to exposure to ionizing radiations contrary to qualified medical advice. The Committee notes the Government’s intention to submit a detailed report on the Convention, taking into consideration the up-to-date relevant international standards. In this regard, the Committee wishes to draw the Government’s attention, in particular, to the following paragraphs of its general observation: paragraphs 32–37 on the maximum permissible dose limits, according to the categories of workers and during an emergency; and paragraph 40 on the discontinuation of assignment to work involving exposure to ionizing radiations further to medical advice and the offer of alternative employment. The Committee invites the Government to review its legislation in light of the abovementioned paragraphs of its 2015 general observation and to provide information on the measures taken to bring it into conformity with the up-to-date standards on radiation protection.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret 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 comments.

The Committee refers to the request for technical assistance submitted by the Government in 2005, its 2005 general observation concerning the submission of the Government of reports on ratified Conventions, and the Decent Work Country Programme adopted for 2007–09 which included as an objective “Promotion and better implementation of standards, fundamental principles and rights in the sphere of labour in the Republic of Tajikistan”. The Committee also notes the brief report submitted by the Government in 2009, which refers to national legislation, including the Law on radiation safety (No. 42) adopted on 1 July 2003, and the new radiation safety standards (HP-06). Against this background, the Committee hopes that appropriate technical assistance will be provided to the Government to enable it to submit a detailed report on the application of the present Convention, including copies of the Law on radiation safety and the new radiation safety standards, so that the Committee can evaluate the application of the Convention in the country.

The Committee also reminds the Government that measures must be taken, in particular to give effect to the following Articles of the Convention: Articles 3(1) and 6(2) (appropriate steps to ensure effective protection of workers against ionizing radiations and to keep under constant review in the light of current knowledge the maximum permissible doses of ionizing radiations); Article 5 (reduction of exposure of workers to the lowest practicable level); Article 6 (fixing and constant review of the maximum permissible doses and amounts of ionizing radiations); Article 7 (fixing of appropriate levels for workers who are aged 18 and over and for those under the age of 18 who are directly engaged in work involving ionizing radiations; prohibition for any worker under the age of 16 to be engaged in work involving ionizing radiations); Article 8 (fixing of appropriate levels for workers who may be exposed temporarily to ionizing radiations); Article 9 (information and instruction of workers exposed); Article 10 (notification of work involving exposure to ionizing radiations); Article 12 (appropriate medical examination prior to or shortly after taking up work involving exposure to radiations and subsequent further medical examinations at appropriate intervals); Article 13 (measures to be taken urgently in certain circumstances to be specified because of the nature or degree of the exposure); and Article 14 (transfer to other appropriate work for a worker who could be subject to exposure to ionizing radiations contrary to qualified medical advice). The Committee asks the Government to provide information on measures taken or envisaged to give effect to the abovementioned Articles of the Convention.

Part V of the report form. Application in practice. The Committee notes that the Government indicates that the Agency of Nuclear and Radiation Safety is the competent authority of the State for ensuring nuclear and radiation safety and that this agency represents the beginning of the creation of an infrastructure and legislative base in the area of radiation safety. The Committee requests the Government to provide further information on the role and functions of the Agency of Nuclear and Radiation Safety and whether it is the competent authority within the terms of Article 15 of the Convention. The Committee also asks the Government to give a general appreciation of the manner in which the Convention is applied in the country including, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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:

Repetition

Relevant legislation. The Committee notes the information provided in the Government’s report and the reference made to the fact that several laws and regulations related to ensuring radiation safety of workers, population and environment have been adopted and are in force. The Committee also notes the statement that, in practice, in enterprises dealing with sources of ionizing radiation, monitoring of workers and places of work is regularly carried out in order to measure the exposure of workers to ionizing radiations, and that, after individual dosimeter controls, workers directly engaged in radiation work are informed of their received doses of radiation exposure. The Committee also notes, however, that the Government’s report is silent as regards the Committee’s previous comments and that it has not made relevant laws and regulations available to the Committee. The Committee requests the Government to submit copies of relevant legislation with its next report which also should contain full information on the matters raised in its previous direct request which read as follows:

The Committee refers to the request for technical assistance submitted by the Government in 2005, its 2005 general observation concerning the submission of the Government of reports on ratified Conventions, and the Decent Work Country Programme adopted for 2007–09 which included as an objective “Promotion and better implementation of standards, fundamental principles and rights in the sphere of labour in the Republic of Tajikistan”. The Committee also notes the brief report submitted by the Government in 2009, which refers to national legislation, including the Law on radiation safety (No. 42) adopted on 1 July 2003, and the new radiation safety standards (HP-06). Against this background, the Committee hopes that appropriate technical assistance will be provided to the Government to enable it to submit a detailed report on the application of the present Convention, including copies of the Law on radiation safety and the new radiation safety standards, so that the Committee can evaluate the application of the Convention in the country.

The Committee also reminds the Government that measures must be taken, in particular to give effect to the following Articles of the Convention: Articles 3(1) and 6(2) (appropriate steps to ensure effective protection of workers against ionizing radiations and to keep under constant review in the light of current knowledge the maximum permissible doses of ionizing radiations); Article 5 (reduction of exposure of workers to the lowest practicable level); Article 6 (fixing and constant review of the maximum permissible doses and amounts of ionizing radiations); Article 7 (fixing of appropriate levels for workers who are aged 18 and over and for those under the age of 18 who are directly engaged in work involving ionizing radiations; prohibition for any worker under the age of 16 to be engaged in work involving ionizing radiations); Article 8 (fixing of appropriate levels for workers who may be exposed temporarily to ionizing radiations); Article 9 (information and instruction of workers exposed); Article 10 (notification of work involving exposure to ionizing radiations); Article 12 (appropriate medical examination prior to or shortly after taking up work involving exposure to radiations and subsequent further medical examinations at appropriate intervals); Article 13 (measures to be taken urgently in certain circumstances to be specified because of the nature or degree of the exposure); and Article 14 (transfer to other appropriate work for a worker who could be subject to exposure to ionizing radiations contrary to qualified medical advice). The Committee asks the Government to provide information on measures taken or envisaged to give effect to the abovementioned Articles of the Convention.

Part V of the report form. Application in practice. The Committee notes that the Government indicates that the Agency of Nuclear and Radiation Safety is the competent authority of the State for ensuring nuclear and radiation safety and that this agency represents the beginning of the creation of an infrastructure and legislative base in the area of radiation safety. The Committee requests the Government to provide further information on the role and functions of the Agency of Nuclear and Radiation Safety and whether it is the competent authority within the terms of Article 15 of the Convention. The Committee also asks the Government to give a general appreciation of the manner in which the Convention is applied in the country including, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention.

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

Relevant legislation. The Committee notes the information provided in the Government’s report and the reference made to the fact that several laws and regulations related to ensuring radiation safety of workers, population and environment have been adopted and are in force. The Committee also notes the statement that, in practice, in enterprises dealing with sources of ionizing radiation, monitoring of workers and places of work is regularly carried out in order to measure the exposure of workers to ionizing radiations, and that, after individual dosimeter controls, workers directly engaged in radiation work are informed of their received doses of radiation exposure. The Committee also notes, however, that the Government’s report is silent as regards the Committee’s previous comments and that it has not made relevant laws and regulations available to the Committee. The Committee requests the Government to submit copies of relevant legislation with its next report which also should contain full information on the matters raised in its previous observation which read as follows:

Repetition

The Committee refers to the request for technical assistance submitted by the Government in 2005, its 2005 general observation concerning the submission of the Government of reports on ratified Conventions, and the Decent Work Country Programme adopted for 2007–09 which included as an objective “Promotion and better implementation of standards, fundamental principles and rights in the sphere of labour in the Republic of Tajikistan”. The Committee also notes the brief report submitted by the Government in 2009, which refers to national legislation, including the Law on radiation safety (No. 42) adopted on 1 July 2003, and the new radiation safety standards (HP-06). Against this background, the Committee hopes that appropriate technical assistance will be provided to the Government to enable it to submit a detailed report on the application of the present Convention, including copies of the Law on radiation safety and the new radiation safety standards, so that the Committee can evaluate the application of the Convention in the country.

The Committee also reminds the Government that measures must be taken, in particular to give effect to the following Articles of the Convention: Articles 3(1) and 6(2) (appropriate steps to ensure effective protection of workers against ionizing radiations and to keep under constant review in the light of current knowledge the maximum permissible doses of ionizing radiations); Article 5 (reduction of exposure of workers to the lowest practicable level); Article 6 (fixing and constant review of the maximum permissible doses and amounts of ionizing radiations); Article 7 (fixing of appropriate levels for workers who are aged 18 and over and for those under the age of 18 who are directly engaged in work involving ionizing radiations; prohibition for any worker under the age of 16 to be engaged in work involving ionizing radiations); Article 8 (fixing of appropriate levels for workers who may be exposed temporarily to ionizing radiations); Article 9 (information and instruction of workers exposed); Article 10 (notification of work involving exposure to ionizing radiations); Article 12 (appropriate medical examination prior to or shortly after taking up work involving exposure to radiations and subsequent further medical examinations at appropriate intervals); Article 13 (measures to be taken urgently in certain circumstances to be specified because of the nature or degree of the exposure); and Article 14 (transfer to other appropriate work for a worker who could be subject to exposure to ionizing radiations contrary to qualified medical advice). The Committee asks the Government to provide information on measures taken or envisaged to give effect to the abovementioned Articles of the Convention.

Part V of the report form. Application in practice. The Committee notes that the Government indicates that the Agency of Nuclear and Radiation Safety is the competent authority of the State for ensuring nuclear and radiation safety and that this agency represents the beginning of the creation of an infrastructure and legislative base in the area of radiation safety. The Committee requests the Government to provide further information on the role and functions of the Agency of Nuclear and Radiation Safety and whether it is the competent authority within the terms of Article 15 of the Convention. The Committee also asks the Government to give a general appreciation of the manner in which the Convention is applied in the country including, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention.

[The Government is asked to report in detail in 2013.]

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

The Committee refers to the request for technical assistance submitted by the Government in 2005, its 2005 general observation concerning the submission of the Government of reports on ratified Conventions, and the Decent Work Country Programme adopted for 2007–09 which included as an objective “Promotion and better implementation of standards, fundamental principles and rights in the sphere of labour in the Republic of Tajikistan”. The Committee also notes the brief report submitted by the Government in 2009, which refers to national legislation, including the Law on radiation safety (No. 42) adopted on 1 July 2003, and the new radiation safety standards (HБP-06). Against this background, the Committee hopes that appropriate technical assistance will be provided to the Government to enable it to submit a detailed report on the application of the present Convention, including copies of the Law on radiation safety and the new radiation safety standards, so that the Committee can evaluate the application of the Convention in the country.

The Committee also reminds the Government that measures must be taken, in particular to give effect to the following Articles of the Convention: Articles 3(1) and 6(2) (appropriate steps to ensure effective protection of workers against ionizing radiations and to keep under constant review in the light of current knowledge the maximum permissible doses of ionizing radiations); Article 5 (reduction of exposure of workers to the lowest practicable level); Article 6 (fixing and constant review of the maximum permissible doses and amounts of ionizing radiations); Article 7 (fixing of appropriate levels for workers who are aged 18 and over and for those under the age of 18 who are directly engaged in work involving ionizing radiations; prohibition for any worker under the age of 16 to be engaged in work involving ionizing radiations); Article 8 (fixing of appropriate levels for workers who may be exposed temporarily to ionizing radiations); Article 9 (information and instruction of workers exposed); Article 10 (notification of work involving exposure to ionizing radiations); Article 11 (appropriate monitoring in regard to exposure levels); Article 12 (appropriate medical examination prior to or shortly after taking up work involving exposure to radiations and subsequent further medical examinations at appropriate intervals); Article 13 (measures to be taken urgently in certain circumstances to be specified because of the nature or degree of the exposure); Article 14 (transfer to other appropriate work for a worker who could be subject to exposure to ionizing radiations contrary to qualified medical advice); and Article 15 (provision of appropriate inspection services engaged to supervise the application of the provisions which will be adopted with a view to giving effect to the Convention). The Committee asks the Government to provide information on measures taken or envisaged to give effect to the abovementioned Articles of the Convention.

[The Government is asked to report in detail in 2011.]

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

The Committee notes with regret 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:

The Committee notes that the Labour Code and the Labour Protection Act, 1992, contain no provisions, other than those intended to prescribe general measures on safety and hygiene at work. It also notes that section 37 of the Labour Protection Act confers the force of domestic law on ratified Conventions. On this score, the Committee observes, recalling that specific measures must be taken to give effect to the provisions of the Convention which are not self-executing, that the Government indicates that the safety standards under Radiation-76-87 represent the chief legislation in regard to protection of workers against ionizing radiations. In the absence of this text, the Committee is not in a position to determine to what extent the safety standards under Radiation-76-87 give effect to the provisions of the Convention. The Committee would therefore be grateful if the Government would send it the text of the safety standards under Radiation-76-87.

The Committee takes this opportunity to recall that measures must be taken, in particular to give effect to the following Articles of the Convention: Article 3, paragraph 1, and Article 6, paragraph 2 (appropriate steps to ensure effective protection of workers against ionizing radiations and to keep under constant review in the light of current knowledge the maximum permissible doses of ionizing radiations); Article 5 (reduction of exposure of workers to the lowest practicable level); Article 6 (fixing and constant review of the maximum permissible doses and amounts of ionizing radiations); Article 7 (fixing of appropriate levels for workers who are aged 18 and over and for those under the age of 18 who are directly engaged in work involving ionizing radiations; prohibition for any worker under the age of 16 to be engaged in work involving ionizing radiations); Article 8 (fixing of appropriate levels for workers who may be exposed temporarily to ionizing radiations); Article 9 (information and instruction of workers exposed); Article 10 (notification of work involving exposure to ionizing radiations), Article 11 (appropriate monitoring in regard to exposure levels); Article 12 (appropriate medical examination prior to or shortly after taking up work involving exposure to radiations and subsequent further medical examinations at appropriate intervals); Article 13 (measures to be taken urgently in certain circumstances to be specified because of the nature or degree of the exposure); Article 14 (transfer to other appropriate work for a worker who could be subject to exposure to ionizing radiations contrary to qualified medical advice); and Article 15 (provision of appropriate inspection services engaged to supervise the application of the provisions which will be adopted with a view to giving effect to the Convention).

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

The Committee notes with regret 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:

The Committee notes the information supplied by the Government in its first report.

It notes that the Labour Code and the Labour Protection Act, 1992, contain no provisions, other than those intended to prescribe general measures on safety and hygiene at work. It also notes that section 37 of the Labour Protection Act confers the force of domestic law on ratified Conventions. On this score, the Committee observes, recalling that specific measures must be taken to give effect to the provisions of the Convention which are not self-executing, that the Government indicates that the safety standards under Radiation-76-87 represent the chief legislation in regard to protection of workers against ionizing radiations. In the absence of this text, the Committee is not in a position to determine to what extent the safety standards under Radiation-76-87 give effect to the provisions of the Convention. The Committee would therefore be grateful if the Government would send it the text of the safety standards under Radiation-76-87.

The Committee takes this opportunity to recall that measures must be taken, in particular to give effect to the following Articles of the Convention: Article 3, paragraph 1, and Article 6, paragraph 2 (appropriate steps to ensure effective protection of workers against ionizing radiations and to keep under constant review in the light of current knowledge the maximum permissible doses of ionizing radiations); Article 5 (reduction of exposure of workers to the lowest practicable level); Article 6 (fixing and constant review of the maximum permissible doses and amounts of ionizing radiations); Article 7 (fixing of appropriate levels for workers who are aged 18 and over and for those under the age of 18 who are directly engaged in work involving ionizing radiations; prohibition for any worker under the age of 16 to be engaged in work involving ionizing radiations); Article 8 (fixing of appropriate levels for workers who may be exposed temporarily to ionizing radiations); Article 9 (information and instruction of workers exposed); Article 10 (notification of work involving exposure to ionizing radiations), Article 11 (appropriate monitoring in regard to exposure levels); Article 12 (appropriate medical examination prior to or shortly after taking up work involving exposure to radiations and subsequent further medical examinations at appropriate intervals); Article 13 (measures to be taken urgently in certain circumstances to be specified because of the nature or degree of the exposure); Article 14 (transfer to other appropriate work for a worker who could be subject to exposure to ionizing radiations contrary to qualified medical advice); and Article 15 (provision of appropriate inspection services engaged to supervise the application of the provisions which will be adopted with a view to giving effect to the Convention).

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret 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:

The Committee notes the information supplied by the Government in its first report.

It notes that the Labour Code and the Labour Protection Act, 1992, contain no provisions, other than those intended to prescribe general measures on safety and hygiene at work. It also notes that section 37 of the Labour Protection Act confers the force of domestic law on ratified Conventions. On this score, the Committee observes, recalling that specific measures must be taken to give effect to the provisions of the Convention which are not self-executing, that the Government indicates that the safety standards under Radiation-76-87 represent the chief legislation in regard to protection of workers against ionizing radiations. In the absence of this text, the Committee is not in a position to determine to what extent the safety standards under Radiation-76-87 give effect to the provisions of the Convention. The Committee would therefore be grateful if the Government would send it the text of the safety standards under Radiation-76-87.

The Committee takes this opportunity to recall that measures must be taken, in particular to give effect to the following Articles of the Convention: Article 3, paragraph 1, and Article 6, paragraph 2 (appropriate steps to ensure effective protection of workers against ionizing radiations and to keep under constant review in the light of current knowledge the maximum permissible doses of ionizing radiations); Article 5 (reduction of exposure of workers to the lowest practicable level); Article 6 (fixing and constant review of the maximum permissible doses and amounts of ionizing radiations); Article 7 (fixing of appropriate levels for workers who are aged 18 and over and for those under the age of 18 who are directly engaged in work involving ionizing radiations; prohibition for any worker under the age of 16 to be engaged in work involving ionizing radiations); Article 8 (fixing of appropriate levels for workers who may be exposed temporarily to ionizing radiations); Article 9 (information and instruction of workers exposed); Article 10 (notification of work involving exposure to ionizing radiations), Article 11 (appropriate monitoring in regard to exposure levels); Article 12 (appropriate medical examination prior to or shortly after taking up work involving exposure to radiations and subsequent further medical examinations at appropriate intervals); Article 13 (measures to be taken urgently in certain circumstances to be specified because of the nature or degree of the exposure); Article 14 (transfer to other appropriate work for a worker who could be subject to exposure to ionizing radiations contrary to qualified medical advice); and Article 15 (provision of appropriate inspection services engaged to supervise the application of the provisions which will be adopted with a view to giving effect to the Convention).

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret 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:

The Committee notes the information supplied by the Government in its first report.

It notes that the Labour Code and the Labour Protection Act, 1992, contain no provisions, other than those intended to prescribe general measures on safety and hygiene at work. It also notes that section 37 of the Labour Protection Act confers the force of domestic law on ratified Conventions. On this score, the Committee observes, recalling that specific measures must be taken to give effect to the provisions of the Convention which are not self-executing, that the Government indicates that the safety standards under Radiation-76-87 represent the chief legislation in regard to protection of workers against ionizing radiations. In the absence of this text, the Committee is not in a position to determine to what extent the safety standards under Radiation-76-87 give effect to the provisions of the Convention. The Committee would therefore be grateful if the Government would send it the text of the safety standards under Radiation-76-87.

The Committee takes this opportunity to recall that measures must be taken, in particular to give effect to the following Articles of the Convention: Article 3, paragraph 1, and Article 6, paragraph 2, (appropriate steps to ensure effective protection of workers against ionizing radiations and to keep under constant review in the light of current knowledge the maximum permissible doses of ionizing radiations); Article 5 (reduction of exposure of workers to the lowest practicable level); Article 6 (fixing and constant review of the maximum permissible doses and amounts of ionizing radiations); Article 7 (fixing of appropriate levels for workers who are aged 18 and over and for those under the age of 18 who are directly engaged in work involving ionizing radiations; prohibition for any worker under the age of 16 to be engaged in work involving ionizing radiations); Article 8 (fixing of appropriate levels for workers who may be exposed temporarily to ionizing radiations); Article 9 (information and instruction of workers exposed); Article 10 (notification of work involving exposure to ionizing radiations), Article 11 (appropriate monitoring in regard to exposure levels); Article 12 (appropriate medical examination prior to or shortly after taking up work involving exposure to radiations and subsequent further medical examinations at appropriate intervals); Article 13 (measures to be taken urgently in certain circumstances to be specified because of the nature or degree of the exposure); Article 14 (transfer to other appropriate work for a worker who could be subject to exposure to ionizing radiations contrary to qualified medical advice); and Article 15 (provision of appropriate inspection services engaged to supervise the application of the provisions which will be adopted with a view to giving effect to the Convention).

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

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:

The Committee notes the information supplied by the Government in its first report.

It notes that the Labour Code and the Labour Protection Act, 1992, contain no provisions, other than those intended to prescribe general measures on safety and hygiene at work. It also notes that section 37 of the Labour Protection Act confers the force of domestic law on ratified Conventions. On this score, the Committee observes, recalling that specific measures must be taken to give effect to the provisions of the Convention which are not self-executing, that the Government indicates that the safety standards under Radiation-76-87 represent the chief legislation in regard to protection of workers against ionizing radiations. In the absence of this text, the Committee is not in a position to determine to what extent the safety standards under Radiation-76-87 give effect to the provisions of the Convention. The Committee would therefore be grateful if the Government would send it the text of the safety standards under Radiation-76-87.

The Committee takes this opportunity to recall that measures must be taken, in particular to give effect to the following Articles of the Convention: Article 3, paragraph 1, and Article 6, paragraph 2, (appropriate steps to ensure effective protection of workers against ionizing radiations and to keep under constant review in the light of current knowledge the maximum permissible doses of ionizing radiations); Article 5 (reduction of exposure of workers to the lowest practicable level); Article 6 (fixing and constant review of the maximum permissible doses and amounts of ionizing radiations); Article 7 (fixing of appropriate levels for workers who are aged 18 and over and for those under the age of 18 who are directly engaged in work involving ionizing radiations; prohibition for any worker under the age of 16 to be engaged in work involving ionizing radiations); Article 8 (fixing of appropriate levels for workers who may be exposed temporarily to ionizing radiations); Article 9 (information and instruction of workers exposed); Article 10 (notification of work involving exposure to ionizing radiations), Article 11 (appropriate monitoring in regard to exposure levels); Article 12 (appropriate medical examination prior to or shortly after taking up work involving exposure to radiations and subsequent further medical examinations at appropriate intervals); Article 13 (measures to be taken urgently in certain circumstances to be specified because of the nature or degree of the exposure); Article 14 (transfer to other appropriate work for a worker who could be subject to exposure to ionizing radiations contrary to qualified medical advice); and Article 15 (provision of appropriate inspection services engaged to supervise the application of the provisions which will be adopted with a view to giving effect to the Convention).

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information supplied by the Government in its first report.

It notes that the Labour Code and the Labour Protection Act, 1992, contain no provisions, other than those intended to prescribe general measures on safety and hygiene at work. It also notes that section 37 of the Labour Protection Act confers the force of domestic law on ratified Conventions. On this score, the Committee observes, recalling that specific measures must be taken to give effect to the provisions of the Convention which are not self-executing, that the Government indicates that the safety standards under Radiation-76-87 represent the chief legislation in regard to protection of workers against ionizing radiations. In the absence of this text, the Committee is not in a position to determine to what extent the safety standards under Radiation-76-87 give effect to the provisions of the Convention. The Committee would therefore be grateful if the Government would send it the text of the safety standards under Radiation-76-87.

The Committee takes this opportunity to recall that measures must be taken, in particular to give effect to the following Articles of the Convention: Article 3, paragraph 1, and Article 6, paragraph 2, (appropriate steps to ensure effective protection of workers against ionizing radiations and to keep under constant review in the light of current knowledge the maximum permissible doses of ionizing radiations); Article 5 (reduction of exposure of workers to the lowest practicable level); Article 6 (fixing and constant review of the maximum permissible doses and amounts of ionizing radiations); Article 7 (fixing of appropriate levels for workers who are aged 18 and over and for those under the age of 18 who are directly engaged in work involving ionizing radiations; prohibition for any worker under the age of 16 to be engaged in work involving ionizing radiations); Article 8 (fixing of appropriate levels for workers who may be exposed temporarily to ionizing radiations); Article 9 (information and instruction of workers exposed); Article 10 (notification of work involving exposure to ionizing radiations) Article 11 (appropriate monitoring in regard to exposure levels); Article 12 (appropriate medical examination prior to or shortly after taking up work involving exposure to radiations and subsequent further medical examinations at appropriate intervals); Article 13 (measures to be taken urgently in certain circumstances to be specified because of the nature or degree of the exposure); Article 14 (transfer to other appropriate work for a worker who could be subject to exposure to ionizing radiations contrary to qualified medical advice); and Article 15 (provision of appropriate inspection services engaged to supervise the application of the provisions which will be adopted with a view to giving effect to the Convention).