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

Safety and Health in Construction Convention, 1988 (No. 167) - Kazakhstan (Ratification: 2008)

The Committee notes the information provided by the Government in its first report. It notes however that the Government does not provide information, or provides insufficient information, on the effect given in law and in practice to several Articles of Parts II (General provisions: Articles 5(2), 6, 8(1)(b) and (c), 11(a) and (b)) and III (Preventive and protective measures: Articles 13 to 29, 30(2) and (3), 31 and 34)) of the Convention. The Committee therefore requests the Government to indicate the specific provisions of the legislation in force, and to provide information on any other measures, which give effect to the aforementioned Articles of the Convention. It also requests the Government to communicate a copy of the relevant provisions, if possible in one of the working languages of the ILO.

Articles 1(3), 7 and 8(2) of the Convention. Self-employed persons. The Committee notes that there is no information regarding the applicability of the Convention to self-employed persons and whether obligations placed on employers also apply to self-employed persons. The Committee requests the Government to indicate the specific provisions of the legislation in force, and to provide information on any measures, giving effect to these Articles of the Convention. It also requests the Government to communicate a copy of the relevant provisions, if possible in one of the working languages of the ILO.

Article 2. Definitions. The Committee notes that the Labour Code provides that an employee is “an individual maintaining labour relations with the employer and directly performing work under an employment contract”, whereas the Convention defines a worker as “any person engaged in construction”. The Committee requests the Government to provide information on the measures taken to ensure that the Convention applies to any persons engaged in construction.

Article 3. Consultations with the most representative organizations of employers and workers. The Committee notes that pursuant to article 260 of the Labour Code, cooperation between the social partners is ensured through social partnership bodies, namely the National Tripartite Commission for social partnership and regulation of social and labour relations, and sectorial and regional commissions, which reconcile the interests of the social partners through consultations and negotiations. The Committee requests the Government to provide further information on the manner in which the most representative organizations of employers and workers concerned are consulted on the measures to be taken to give effect to the provisions of the Convention and on the outcome of these consultations.

Article 4. Assessment of safety and health hazards. The Committee notes that according to article 309 of the Labour Code, the state labour authority and its territorial subdivisions are required to organise risk monitoring and assessment in the sphere of labour safety. However, it notes that there is no indication as to whether the risk assessment serves as a basis for the adoption and maintenance in force of laws and regulations which ensure the application of the provisions of the Convention. The Committee requests the Government to provide further details on the risk assessment conducted by the state labour authority, and to specify how it is ensured that the adoption and maintenance in force of laws and regulations are based on this assessment.

Article 9. Design and planning of a construction project. The Committee notes the Government’s indication that pursuant to article 320(1) of the Labour Code, the design, construction and reconstruction of buildings and structures that do not meet occupational safety and health (OSH) standards are prohibited. The Committee requests the Government to provide further information on the measures taken to ensure, in practice, that the persons responsible for designing and planning construction projects fulfil their duty to take into account the safety and health of construction workers, in conformity with national law and practice.

Article 10. Workers’ right and duty to participate in ensuring safe working conditions. The Committee notes the Government’s indication that pursuant to article 314 of the Labour Code, workers have the right to request that inspections be carried out in their workplace by the competent authorities, the right to participate in inspections and consideration of matters related to the improvement of OSH conditions, and the right to complain about any OSH irregularities on the part of the employer. The Committee requests the Government to provide further information on the measures taken to ensure that workers have the right and duty to participate in ensuring safe working conditions and to express views on working procedures.

Article 35(a). Effective enforcement of the provisions of the Convention. The Committee notes that the Committee for monitoring and social protection of the Ministry of Labour and Social Protection of Population, established pursuant to Government Decision No. 1159 (of 30 November 2007), is tasked with implementing Government policy for the monitoring of OSH. The Committee requests the Government to provide further information on the Committee for monitoring and social protection, particularly with regard to its composition, mandate, etc. in relation to the application of the provisions of the Convention.

Application of the Convention in practice. The Committee notes the statistical information, provided by the Government, according to which 13,152 inspections were carried out in 2013 in the country and 33,097 violations to labour laws detected. However, the Committee notes that no information specific to construction is provided. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the action taken as a result, the number of occupational accidents and diseases reported, and so forth.