Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Occupational Safety and Health Convention, 1981 (No. 155) - Belarus (Ratification: 2000)

The Committee notes the information provided by the Government in its report in reply to its previous request concerning the effect given to Article 17 of the Convention on collaboration between employers when two or more undertakings engage in activities simultaneously at one workplace.

Article 4. Review of the national policy. Consultations with the social partners. The Committee notes the Government’s indication that, in accordance with Decision No. 982 of the Council of Ministers (29 June 2010) approving the National Special Programme to Improve Working Conditions and Occupational Safety for 2011–15, the social partners are actively involved in developing and implementing state policy measures on occupational safety, namely through their consideration and the submission of amendments and proposals regarding draft regulations. The Government also indicates that it is currently cooperating with trade unions and employers’ associations in preparing the draft occupational safety subprogramme of the State Programme on Social Protection and Employment Promotion for 2016–20. The Committee requests the Government to provide further details on the most recent review of the national policy on occupational safety and health undertaken in consultation with the representative organizations of employers and workers, and on its outcome.

Article 5(e). Protection of workers from disciplinary measures. The Committee notes the Government’s indication that, pursuant to sections 222 and 223 of the Labour Code and section 11 of the Occupational Safety Act, workers have the right to refuse to perform work in cases of the emergence of a direct threat to their life or health or the failure of the employer to provide personal protection equipment. The Government indicates that such a refusal is not a disciplinary offence, as defined by section 197 of the Labour Code, and that employers cannot accordingly apply disciplinary measures against the worker. The Committee notes, however, that no information has been provided with regard to the protection of workers and their representatives from disciplinary measures as a result of actions, other than the right to refuse to perform work in the cases described above, properly taken by them in conformity with the national policy on occupational safety and health and the working environment. The Committee therefore requests the Government to provide further information on the measures taken in law and practice to ensure that workers and their representatives are protected from disciplinary measures as a result of actions properly taken by them in conformity with the national OSH policy, including but not limited to the right to refuse to perform work in the cases described above.

Application in practice. The Committee notes the information provided by the Government according to which a total of 7,058 inspections were carried out by state labour inspectors in 2014, during which more than 88,000 violations of labour and occupational safety laws were identified. The violations led to the suspension or prohibition of the activities of 57 organizations, 186 workshops and 3,865 machine tools, units of machinery and other industrial equipment, and administrative fines were issued to 5,669 officials and 342 employers for the violation of occupational safety legislation. Furthermore, the Committee notes that, according to the National Statistical Committee, 1,833 workers were injured in industrial accidents in 2014, including 148 fatalities and 702 serious injuries. The Government indicates that the main causes of serious industrial accidents include: the contravention by the victim of labour and industrial discipline and occupational safety instructions; the failure of managers and specialists to meet occupational safety requirements; the inadequate occupational safety training and instruction of workers; and carelessness by the victim. The Committee requests the Government to continue providing information on the application of the Convention in practice, including information on the number of workers covered by the legislation, the number and nature of the contraventions, the number, nature and cause of the accidents reported, etc. It also requests the Government to provide information on the measures taken or envisaged to address the causes of serious industrial accidents.