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

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

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

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

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

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

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