Guarding of Machinery Convention, 1963 (No. 119) - Russian Federation (Ratification: 1969)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead (painting)), 115 (radiation protection) 119 (guarding of machinery), 120 (hygiene (commerce and offices)), 139 (occupational cancer), 148 (air pollution, noise and vibration), 155 (OSH), 162 (asbestos), 167 (safety and health in construction), 174 (prevention of major industrial accidents), 176 (safety and health in mines) and 187 (promotional framework for OSH) together.

The Committee notes the observations of the Confederation of Labour of Russia (KTR) concerning Convention No. 155 received on 31 August 2023, and the Government reply to these observations.

Application in practice of Conventions Nos 155 and 115. The Committee notes the Governing Body’s decision (GB.352/INS/16, paragraph 4 adopted in November 2024) urging the Russian Federation to meet all the obligations following from its ratification of ILO Conventions, including the Radiation Protection Convention, 1960 (No. 115), in relation to the exposure of workers currently performing work under its control to ionizing radiations in the course of their work.

The Committee recalls that a safe and healthy working environment is a fundamental principle and right for all. The Committee urges the Government to take all necessary measures to ensure the effective implementation of the Conventions, including the protection of workers against ionizing radiations in the course of their work.

General provisions

The Committee notes the information provided by the Government in response to the previous request related to Articles 14 (education and training), 20(cooperation between employers and workers), and the information concerning the application in practice of Convention No. 155 and Articles 3(3), 4(2)(d) and 4(3)(b) and (c) of Convention No. 187.

Action at the national level

Articles 4 and 7 of Convention No. 155 and Article 3(1) and (3) of Convention No. 187. 1. Periodic review of a coherent national policy on OSH. Review of the situation regarding OSH. Further to its previous comment, the Committee notes the information provided by the Government in its report with regard to the General Agreement between all-Russian trade union associations, all-Russian employers’ associations and the Government for 2021-2023, which stipulates the obligation of the parties to monitor the implementation of its provisions. It also notes that one of the mechanisms and processes used for the periodic review of the occupational safety and health situation is the statistical monitoring carried out by the federal executive authorities, including the Federal Labour and Employment Service (Rostrud) and the Federal State Statistics Service (Rosstat). The Committee requests the Government to continue to provide information on the implementation and review of the General Agreement in consultation with social partners. The Committee also requests the Government to indicate how the review of the previous General Agreement is taken into account in the formulation of the new one and to indicate the main objectives achieved in terms of preventing accidents and injury to health arising out of, linked with or occurring in the course of work.

2. National OSH policy and mental health. The Committee notes the observations of the KTR concerning the lack of provisions destined to prevent stress-related illnesses and other work-related psychosocial risks, with violence in the workplace, including psychological violence, not being considered as an independent harmful or hazardous factor by the Federal Law No. 426-FZ of 28 December 2013, which determines the framework for the assessment of working conditions. The Committee notes the Government’s response indicating that psycho-emotional factors are not included in the classifier of harmful or hazardous production factors due to the fact that they are not subject to measurement but to subjective assessment. The Committee also notes the Government’s indication that, according to section 216.3 of the Labour Code, the employer must ensure the worker’s right to healthcare, which encompasses, among other things, the equipping of rooms according to established standards for rest during working hours and psychological relaxation. Noting that Convention No. 155 includes mental elements in the definition of health in relation to work,the Committee requests the Government to provide further information on measures adopted or envisaged to ensure that elements concerning mental health which are directly related to safety and hygiene at work are taken into account on the formulation of the national OSH policy.

Article 5(e) of Convention No. 155. Protection of workers and their representatives from disciplinary measures. The Committee notes the KTR observations concerning the absence of specific provisions ensuring the protection of workers and their representatives against disciplinary measures in connection with the lodging of complaints relating to violations in the field of occupational safety and health. The Committee notes that the trade union states that general norms prohibiting discrimination are not sufficient and effective in preventing cases of discrimination and restoring the rights of workers, including those representing trade unions. The Committee notes that in its reply, the Government refers to the provisions of section 216.1 of the Labour Code, which provides that the refusal of the employee to perform work in case of danger to his life and health due to violation of labour protection requirements until the elimination of such danger or the refusal to perform work with harmful or dangerous working conditions not provided for by an employment contract does not entail disciplinary responsibility. The Committee requests the Government to provide information on the measures adopted in practice in order to ensure effective protection of workers from disciplinary measures as a result of actions properly taken by them in conformity with the OSH policy. The Committee also requests the Government to indicate the provisions of national legislation ensuring the same protection to workers’ representatives.

National system

Article 9(1) of Convention No. 155 and Articles 4(1) and 4(2)(c) of Convention No. 187. Mechanisms for ensuring compliance with national laws and regulations, including systems of inspection. The Committee notes the Government’s indication that the identification of potentially harmful and hazardous production factors in the workplace is carried out by a specialized organization, which issues a declaration confirming that working conditions meet safety standards when such risks are absent (self-assessment procedure). It states that this declaration, containing information such as the number of employees and their respective positions, is then approved by the employer’s commission and submitted to the labour inspectorate for documentation. The Government indicates that if it is discovered that the information disclosed in the declaration is incorrect, the labour inspectorate or its territorial body shall ensure that an entry is made in the register to terminate the validity of the declaration within five working days of its discovery. The Government informs that since 1 March 2022, if working conditions in a workplace are deemed hazardous following a special assessment, the employer is required to halt operations. The Government also indicates that enterprises employing less than 50 workers can decide whether to establish an occupational safety service or work with an occupational safety specialist, taking into account the specific features of its production activities, and that this process is streamlined for micro-enterprises, eliminating the need for involvement from the specialized organization. However, the Committee notes that the Government does not provide information on the control by labour inspectors of workplaces subject to a self-assessment procedure and on the control of this assessment by the inspection authorities. The Committee requests the Government to provide information on measures adopted to ensure the control of self-assessments by the supervisory authorities, including the sanctions and penalties imposed in case of non-compliance with OSH standards.

Article 9(2) of Convention No. 155. Adequate penalties for violations. The Committee notes the observation made by KTR concerning the establishment of mild penalties for violations in the field of labour protection, especially for medium and large companies, stating that factors such as the number of employees affected by the violation and its severity are not evaluated when calculating the penalty, unless they constitute an independent offense. The Committee requests the Government to indicate the measures taken in order to ensure that penalties for violations of laws and regulations are adequate.

Article 11(a) of Convention No. 155. Determination of design, construction, layout and operations of undertakings, and the safety of technical equipment. The Committee notes that: (i) section 212 of the Labour Code, as amended, provides that State regulatory requirements of labour protection are mandatory for legal entities and individuals in the implementation of any activities, including the design, construction (reconstruction) and operation of objects, the design of machines, mechanisms and other production equipment, the development of technological processes and the organization of production and labour. In order to promote compliance with the rules on labour protection, national standards of occupational safety are developed and approved by the authorized federal executive body; (ii) section 213.1 of the Labour Code provides for compliance of buildings, structures, equipment, technological processes and materials with state regulatory requirements of labour protection; and (iii) the Federal Act No. 384-FZ of 30 December 2009 “Technical Regulations on the Safety of Buildings and Structures” and the “Order No. 883н of 11 December 2020” approve labour safety rules during construction, reconstruction and repair. The Committee takes note of this information which addresses its previous request.

Article 11(e) of Convention No. 155. Annual publication of information. The Committee notes the adoption of the Government Resolution of the Russian Federation No. 1206 of 5 July 2022 “on the Procedure for Investigating and Recording Cases of Occupational Diseases of Employees”. The Committee further notes the KTR’s observation that the country lacks a centralized system for collecting data on occupational diseases and accidents, and that although Federal Act No. 311-FZ of 02 July 2021 amended the Labour Code to require employers to record and address the causes leading of micro-injuries (microtraumas) suffered by workers, it does not mandate the transmission of this information to government bodies for analysis and publication. In its reply, the Government indicates that, in accordance with the Regulations on the Rosstat, approved by Government Resolution of the Russian Federation No. 420 of 2 June 2008, Rosstat is the federal executive authority responsible for generating official statistical information on social, economic, demographic, environmental and other public processes in the Russian Federation. The Government indicates that the Rosstat carries out federal statistical observation of work-related injuries and occupational diseases in respect of legal entities (except micro-enterprises). The Government also refers to the existence of the Unified Interdepartmental Information and Statistical System (EMISS), which is a state information system that combines official state information statistical resources generated by official statistical entities within the framework of the Federal Statistical Work Plan, and provides access to official statistical information, including on industrial injuries and occupational diseases. With regard to micro-injuries, the Labour Code establishes that the employer shall independently record and review the circumstances and causes that led to the employees’ micro-injuries. Since micro-injuries do not involve impairment of health or temporary incapacity for work, the Government indicates that it seems sufficient to record them and review the circumstances and causes that led to them at the employer level. With reference to its comment under Article 14 of the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to publish information on the number of all occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work.

Article 11(b) and (f) of Convention No. 155. Controlling the use of substances and work processes. Knowledge and risk assessment. Further to its previous comment, the Committee notes the information provided by the Government that the Decision of the Council of the Eurasian Economic Commission No. 19 of 3 March 2017 “on the Technical Regulations of the Eurasian Economic Union on the Safety of Chemical Products”, the Government Resolution of the Russian Federation No. 1407 of 11 September 2020 “on Authorized Bodies Responsible for the Implementation of the Technical Regulations of the Eurasian Economic Union on the Safety of Chemical Products in the Russian Federation” and the Federal Act of the Russian Federation No. 52-FZ of 30 March 1999 “on the Sanitary and Epidemiological Welfare of the Population”, as amended in 2019–21, implement the provisions of this Article of the Convention. It notes the Government’s indication that chemical and biological substances potentially hazardous to humans are subject to state registration carried out by the Federal Service for Surveillance on Consumer Rights Protection and Human Wellbeing (Rospotrebnadzor). It also informs that the assessment and registration of hazards for substances and specific product types are carried out by accredited legal entities and sole proprietors under the national legislation on accreditation in the national accreditation system. The Committee notes the Government’s reference to Recommendation SanPiN 1.2.3685-21 “Hygienic standards and requirements for ensuring the safety and/or harmlessness of environmental factors for humans”, adopted in 2021, which sets out standards for the supervisory activities of Rospotrebnadzor institutions, and to Order of the Russian Ministry of Labour No. 33n of 24 January 2014, which establishes the procedure and methodology for the assessment of working conditions and classification of harmful and hazardous production factors. The Committee takes note of this information, which addresses its previous request.

Article 4(3)(h) of Convention No. 187. Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee notes the information provided by the Government with regard to the measures adopted in order to provide for a progressive improvement of OSH measures in SMEs. The Committee requests the Government to provide specific information on the measures, taken or envisaged, to progressively improve OSH conditions in the informal economy.

National programme

Article 5 of Convention No. 187. National Programme on OSH. The Committee notes that the General Agreement 2021–2023 is implemented through an Action Plan, which was adopted with Order of the Government of the Russian Federation No. 567-r of 21 March 2022. The Committee notes that the Action Plan contains objectives and the indication of time frame under which those objectives have to be implemented, but does not contain targets and indicators of progress. The Committee requests the Government to provide further information on: (i) the measures taken to implement and monitor the Action Plan, as well as on the results achieved; and (ii) whether it intends to evaluate the Action Plan, in consultation with the social partners, and how this evaluation will contribute to the formulation of the Plan for the subsequent period. The Committee also requests the Government to provide further information on the targets and indicators selected, that make it possible to evaluate to what extent the objectives of the Action Plan are being achieved, as required by Article 5(2)(d) of the Convention. The Committee further requests the Government to indicate whether OSH programmes are also developed at the regional level, in order to assist in progressively achieving a safe and healthy working environment.

Article 12(b) and (c) of Convention No. 155. Responsibilities of designers, manufacturers, importers, etc. The Committee notes the Government’s reference to section 213.1 of the Labour Code regarding compliance of buildings, structures, equipment, technological processes and materials with state regulatory occupational safety requirements. However, the Committee notes that this provision does not give effect to the requirements laid down in Article 12(b) and (c) of the Convention. The Committee therefore requests the Government to provide information on the measures taken or envisaged to ensure that designers, manufacturers, importers, etc., make available information concerning the correct installation and use of machinery and equipment and the correct use of substances, as well as information on hazards involved and instructions to avoid them. It further requests the Government to provide information on measures taken to ensure that designers, manufacturers, importers, etc., undertake studies and research to keep abreast of the scientific and technical knowledge necessary to comply with Article 12(a) and (b), in accordance with Article 12(c) of the Convention.

Article 17 of Convention No. 155. Collaboration between two or more undertakings engaged in activities simultaneously at the same workplace. The Committee notes the information provided by the Government that the provisions on occupational safety and health are only the responsibility of the employer with whom the employee has an employment relationship, but that it’s possible for employers to cooperate within the framework of the social partnership, involving groups of employees of the relevant employer. The Committee once again requests the Government to take measures to ensure, in law and in practice, that whenever two or more undertakings engage in activities simultaneously at one workplace, they shall collaborate in applying the provisions regarding occupational safety and health and the working environment.

Protection against specific risks

White Lead (Painting) Convention, 1921 (No. 13)

Article 1(1) of the Convention. Prohibition of the use of white lead and sulphate of lead and of all products containing these pigments in the internal painting of buildings. Further to its previous comment, the Committee notes the Government’s information that the Occupational Safety Regulations in housing and communal services, approved by Order of the Ministry of Labour No. 758n of 29 October 2020, prohibits the use of white lead in indoor painting, including as a component of paints. It also notes that the Rospotrebnadzor has introduced Sanitary Rules SP 2.2.3670-20 “Sanitary and Epidemiological Requirements for Working Conditions” through the Resolution of the Chief State Sanitary Doctor of the Russian Federation No. 40 of 2 December 2020, which prohibits manual spraying of paints and varnishes containing lead when carrying out painting work inside containers. In addition, the Committee notes the Government’s indication that the Occupational Safety Regulations in the Course of Painting Works, approved by Order of the Ministry of Labour No. 849n of 2 December 2020 , stipulates that metal surfaces coated with lead-based paints must be dampened with water prior to cleaning and that the preparation of lead-minimum primers, white lead, and also the sprinkling, stirring and grinding of dry lead pigments must be completely sealed. The Committee notes that the current prohibition of the use of white lead only applies to housing and communal facilities and not to other types of buildings, and that the use of sulphate of lead is not prohibited for the internal painting of buildings. Therefore, the Committee once again requests the Government to take the necessary measures to give effect to Article 1 of the Convention and to provide information on the measures taken to prohibit the use of white lead and sulphate of lead in the internal painting of all buildings.

Article 7. Statistical information with regard to lead poisoning among working painters. The Committee notes the statistical information provided by the Government related to the application of the Convention, which responds to its previous request.

Guarding of Machinery Convention, 1963 (No. 119)

Legislation. The Committee notes the information provided by the Government concerning the Federal Act of the Russian Federation No. 52-FZ of 30 March 1999 on the Sanitary and Epidemiological Welfare of the Population, as amended in 2019-21. It notes, however, that this Act contains provisions related to sanitary and epidemiological issues, not dealing specifically with guarding of machinery. Therefore, the Committee requests the Government to provide information on measures, adopted or envisaged, to ensure effect is given to the Articles of the Convention.

Article 1(2) of the Convention. Decision to exclude manually powered machines, in consultation with the most representative organizations of employers and workers concerned. In view of the lack of information in this regard, the Committee once again requests the Government to provide information on the consultation of the most representative organizations of employers and workers concerned, and on the outcome of these consultations, with regard to the exclusion of manually powered machines from the classification of machinery under the law.

Articles 2, 3, 6 and 8. Sale, hire, transfer in any other manner and exhibition and use of machinery. In the absence of information in this regard, the Committee requests the Government to provide information on measures, adopted or envisaged, to give effect to these Articles of the Convention.

Articles 2 and 4. Responsibility for ensuring compliance with the obligations related to the hire, transfer in any other manner and exhibition of machinery. In view of the lack of information in this regard, the Committee once again requests the Government to provide information on the measures taken, in law and in practice, to ensure that the responsibility for ensuring compliance with obligations related to the hire, transfer in any other manner and exhibition, pursuant to Article 2, rests upon the persons enumerated in Article 4 of the Convention.

Article 10. Notice of workers on law and regulations relating to the guarding of machinery. Environmental conditions not endangering workers employed on machinery. Further to its previous comment, the Committee notes the information provided by the Government that, in accordance with section 214 of the Labour Code, as amended by Federal Act No. 311-FZ of 2 July 2021, the employer is obliged to ensure the safety of workers during the operation of buildings, structures, equipment, technological processes and the use of tools, raw materials and materials in production, which includes developing measures to ensure safe conditions and the protection of workers, training in safe methods and techniques of work execution, in the use of personal protective equipment and occupational safety instructions. However, the Committee notes that this provision does not address the requirements of Article 10 of the Convention. Therefore, the Committee requests the Government to take the necessary measures to ensure, in law and in practice, that employers bring national laws or regulations relating to the guarding of machinery to the notice of workers and instruct them. The Committee also requests the Government to provide information on measures to ensure that employers establish and maintain environmental conditions that do not endanger workers employed on machinery.

Article 11. Measures to prohibit the use of machinery without the guards provided being in position. The Committee notes the Government’s indication that Sanitary Rules SP 2.2.3670-20 “Sanitary and Epidemiological Requirements for Working Conditions” have been updated, stating that in the development and implementation of technological and technical strategies, measures must be taken to eliminate, prevent or reduce at source the creation and spread of harmful or hazardous production factors. However, the Committee notes that this provision does not establish measures to prohibit the use of machinery without the guards provided being in position or prohibit their use if the guards have been made inoperative. The Committee requests the Government to indicate the specific provisions of the occupational safety regulations and standard operating procedures which ensure effect is given to the requirements of this Article of the Convention.

Article 13. Application of the obligations of employers and workers to self-employed workers. In response to its previous comment, the Committee notes the information provided by the Government that labour regulations are not applicable to persons working on the basis of civil law contracts, unless they simultaneously act as employers or their representatives (section 11(8) of the Labour Code). The Committee requests the Government to provide information on measures adopted or envisaged to ensure that the obligations of employers and workers on the use of machinery apply to self-employed workers.

Application in practice. In the absence of specific information in its report, the Committee requests the Government to provide details on the application of the Convention in practice, including the number and nature of reported contraventions, as well as the number, nature, and causes of accidents related to guarding of machinery.

Occupational Cancer Convention, 1974 (No. 139)

Article 2 of the Convention. Replacement of carcinogenic substances and agents. The Committee notes the information provided by the Government that Sanitary Rules SP 2.2.3670-20 “Sanitary and Epidemiological Requirements for Working Conditions” stipulate that in the presence of factors of the production environment and work processes that have carcinogenic properties, sanitary and epidemiological measures must be taken to prevent their harmful effects, including technological and technical measures to modify the production process. However, the Committee notes that the Sanitary Rules do not ensure the replacement of carcinogenic substances and agents by non-carcinogenic or less harmful substances and agents (Article 2(1)), nor do they ensure that the number of workers exposed to carcinogenic substances or agents and the duration and degree of such exposure must be reduced to the minimum compatible with safety (Article 2(2)). Therefore, the Committee requests the Government to provide information on measures taken in law and practice to give effect to Article 10 of the Convention.

Article 5. Medical examinations after employment. The Committee notes the Government’s indication that, according to section 220(1) of the Labour Code, workers exposed to harmful and hazardous working conditions are required to undergo compulsory preliminary medical examinations, as well as periodic ones during the course of the employment relationship, to assess their suitability to perform the work assigned and prevent occupational diseases. However, the Committee notes that there are no provisions ensuring the implementation of such medical examinations or biological or other tests or investigations after the period of employment. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that workers are provided with such medical examinations or biological or other tests or investigations after the period of employment as are necessary to evaluate their exposure or their state of health in relation to the occupational hazards.

Article 6(a). Consultation with organizations of employers and workers. In view of the lack of information in this regard, the Committee once again requests the Government to provide information on the consultations undertaken with organizations of employers and workers regarding the necessary measures to give effect to the provisions of this Convention, including in the process of the adoption of relevant legislation, regulations, rules and federal and regional programmes.

Article 6(c). Inspections and sanctions. Application in practice. In the absence of information in this regard, the Committee once again requests the Government to provide information on the activities of the Federal Service for Surveillance on Consumer Rights Protection and Human Welfare and its regional agencies in ensuring the compliance with relevant national legislation and rules giving effect to the Convention, including the number of inspections carried out, the number of violations detected and the nature of sanctions imposed. In addition, the Committee requests the Government to provide information on any collaboration between this body and the Federal Service of Labour and Employment in the application of the Convention. Lastly, it requests the Government to provide information on the number, nature and cause of cases of occupational cancer reported.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Articles 4 and 5(1) and (2) of the Convention. Adoption of laws, regulations and technical standards, in consultation with the most representative organizations of employers and workers concerned. The Committee notes that the Sanitary Rules SP 2.2.3670-20 “Sanitary and Epidemiological Requirements for Working Conditions” contain provisions concerning the protection against occupational hazards in the working environment due to air pollution, noise and vibration. The Committee requests the Government to indicate any other provisions of national laws, regulations and technical standards which give effect to the provisions of the Convention. The Committee also requests the Government to indicate the consultations held with the most representative organizations of employers and workers concerned in the elaboration of these provisions.

Article 5(4). Right to accompany labour inspectors. The Committee notes the information provided by the Government that section 4 of the Agreement on mutual cooperation between Rostrud and the Federation of Independent Trade Unions of Russia in ensuring respect for citizens’ labour rights, signed on 19 April 2022, ensures that Rostrud's territorial bodies will engage trade union labour inspectors to participate in labour inspection activities. The Committee notes that according to section 31(7) of Federal Act No. 248-FZ of 31 July 2020, when conducting inspections, the presence of the controlled person or her/his representative is mandatory, except for when carrying out monitoring (supervisory) measures, or performing monitoring (supervisory) actions that do not require interaction with the controlled person. The Committee recalls that Article 5(4) provides that workers’ and employers’ representatives shall have the opportunity to accompany inspectors, unless the inspectors consider, in the light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties. With reference to its comment under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to indicate how it is ensured that employers’ representatives accompany inspectors during the visits only if the inspector considers that this is not prejudicial to the performance of their duties.

Article 6(2). Cooperation between two or more employers at one workplace. Due to the absence of information in this regard and with reference to its comment under Article 17 of the Occupational Safety and Health Convention, 1981 (No. 155), the Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that whenever two or more employers undertake activities simultaneously at one workplace, they collaborate in order to comply with the measures to give effect to the provisions of the Convention.

Article 8. Criteria for determining hazards of exposure to air pollution, noise and vibration and exposure limits. Further to its previous comment, the Committee notes the information provided by the Government that effect is given to Article 8 of the Convention through the implementation of Federal Act of the Russian Federation No. 52-FZ of 30 March 1999 on the Sanitary and Epidemiological Wellbeing of the Population, as amended in 2019-21. It also notes that Resolution 2.2.3969-23 “Guidelines for the assessment of occupational risk to the health of workers. Organizational and Methodological Foundations, Principles and Evaluation Criteria” of 7 September 2023 establishes organizational and methodological foundations, principles and evaluation criteria on occupational risk assessment for workers’ health. The Committee requests the Government to provide further details on the criteria established for determining the hazards of exposure to noise, vibration and air pollution and of the exposure limits specified for these hazards. It requests the Government to provide information on the procedures by which such criteria and exposure limits are fixed and the frequency of their revision. It also requests the Government to indicate the manner in which the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned is taken into account, as required by Article 8(2) of the Convention.

Article 12. Notification to the competent authority. The Committee notes the information provided by the Government on the statistics related to the percentage of workers employed with exposure to noise and vibration. The Committee requests the Government to provide information on measures adopted or envisaged to ensure the notification of the competent authorities of the use of processes, substances, machinery and equipment which involve exposure of workers to air pollution, noise and vibration.

Application in practice. The Committee notes the information provided by the Government regarding the gender distribution of employees exposed to noise and vibration hazards in the workplace within the Russian Federation. It further notes the Government’s indication that Rostrud’s reporting forms, used for compiling statistics on work-related injuries, do not segregate data on the number and nature of work-related accidents specifically attributable to air pollution, noise, or vibration. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including available statistical information on the number of workers covered by the relevant laws and regulations, activities of labour inspection services (number of visits, violations identified and sanctions imposed), the number and nature of work-related accidents or diseases caused by air pollution, noise or vibration, and the measures, taken or envisaged, to address the causes of such accidents and diseases. The Committee also requests the Government to indicate the measures adopted in order to ensure the collection of data concerning work-related accidents and diseases caused by air pollution, noise and vibration.

Asbestos Convention, 1986 (No. 162)

Articles 3 and 4 of the Convention. Adoption and periodic review of laws and regulations on asbestos. Consultations with the most representative organizations of workers and employers. The Committee notes the information provided by the Government that Sanitary Rules SP 2.2.3670-20 “Sanitary and Epidemiological Requirements for Working Conditions” establish requirements for the production and use of chrysotile and chrysotile-containing materials and products, while prohibiting the extraction, processing and the use of asbestos of the amphibole group for civil purposes. The Committee notes the Government’s indication that these regulations take into account information carried out by research institutes of the Federal Service for the Rospotrebnadzor and other competent organisations. The Committee also notes the information provided by the Government that SanPiN 1.2.3685-21 “Hygienic standards and requirements for ensuring the safety and/or harmlessness of environmental factors for humans” provide for maximum permissible concentrations of asbestos-containing dust of respirable fibres in the air in the workplace, which have been revised in accordance with the currently available scientific data. The Committee requests the Government to indicate whether these texts were adopted after consultation with organisations of employers and workers. It also requests the Government to describe the measures taken in the framework of the existing legislation or the General Agreement to eliminate diseases connected to exposure to asbestos dust and their impact.

Article 5. Labour inspection. Application in practice. Due to the absence of information in this regard and with reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government toprovide information on the manner in which the Convention is applied in practice, including statistical data on the number of workers covered by the relevant laws and regulations, activities of labour inspection services (number of visits, violations identified and sanctions imposed), the number and nature of work-related accidents or cases of occupational disease caused by asbestos, and the measures, taken or envisaged, to address the causes of such accidents and diseases.

Article 6(2). Cooperation between two or more employers at one workplace. The Committee notes the information provided by the Government that the provisions on occupational safety and health are the responsibility of the employer with whom the employee has an employment relationship, but that it’s possible for employers to cooperate within the framework of the social partnership, involving groups of employees of the relevant employers. With reference to its comment under Article 17 of the Occupational Safety and Health Convention, 1981 (No. 155), the Committee requests once again the Government to take the necessary steps to ensure, in law and in practice, that employers undertaking activities simultaneously at one workplace have a duty to cooperate, without prejudice to the responsibility of each employer for the health and safety of the workers they employ, and to prescribe general procedures for this cooperation when it is necessary, as required by Article 6(2) of the Convention.

Article 9. Laws or regulations providing measures to prevent or control exposure to asbestos. The Committee notes the Government’s indication that Sanitary Rules SP 2.2.3670-20 “Sanitary and Epidemiological Requirements for Working Conditions” establish updated requirements for the organisation of extraction, production, transportation, storage and use of chrysotile and products containing chrysotile. While taking note of this information,the Committee requests the Government to provide information on prescribed rules and procedures, including authorization procedures, established for the use of asbestos or of certain types of asbestos or products containing asbestos or for certain work processes.

Article 10. Replacement of asbestos and total or partial prohibition of the use of asbestos. The Committee notes that Sanitary Rules SP 2.2.3670-20 “Sanitary and Epidemiological Requirements for Working Conditions” prohibits the extraction, processing and the use of asbestos of the amphibole group in materials and products for civil purposes (paragraph 300). The Committee requests the Government to provide information on any laws or regulations prescribing measures to replace other types of asbestos or products containing asbestos by other materials or the use of alternative technology which are deemed harmless or less harmful to the health of workers (Article 10(a)).

Article 12. Prohibition of the spraying of all forms of asbestos. In the absence of specific information in response to its previous comment, the Committee requests the Government to indicate how it ensures, in law and in practice, that the spraying of all forms of asbestos is prohibited.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

Article 5 of the Convention. System for the identification of major hazard installations. Further to its previous comments, the Committee notes the Government’s information that the procedure for consultation with social partners for the purpose of establishing and maintaining a register of hazardous production facilities is not established in the country’s legislation. The Government states, however, that there was a degree of interaction between the social partners and the Federal Supervisory Body for Industrial Safety (Rostekhnadzor). The Committee also notes the Government’s indication that the Rostekhnadzor Order No. 471 of 30 November 2020 “on Approval of the Requirements for Registration of Facilities in the State Register of Hazardous Production Facilities” is valid until 1 January 2027 and that, as a part of the preparation of the new version of the Order, a broad public discussion is being carried out along with a working group composed by representatives of the most representative organizations. The Committee requests the Government to continue to provide information on the consultations held with the most representative employers' and workers' organizations and other interested parties who may be affected by the new regulation establishing a system for the identification of major hazards.

Article 7. Identification of hazardous installations. The Committee notes the Government’s indication that the obligation to register hazardous production facilities is established in section 2, paragraph 5 of the Federal Act No. 116-FZ of 21 July 1997 “On the Industrial Safety of Hazardous Production Facilities” and that the failure to comply with these requirements entails the imposition of an administrative fine. The Committee also notes that the Government Resolution of the Russian Federation No. 1155 of 10 July 2021 establishes that the organizations operating a potentially hazardous facility must submit the information to the Ministry of the Russian Federation for Civil Defence, Emergencies and Elimination of Consequences of Natural Disasters, which will be a part of the list of potentially hazardous facilities. The Committee takes note of this information which addresses its previous request.

Article 8 (2). Notification of permanent closure of a major hazard installation. The Committee notes that, in reply to its previous request, the Government indicates that, in accordance with item 5 of Government Resolution of the Russian Federation No. 1371 of 24 November 1998 “on Registration of Facilities in the State Register of Hazardous Production Facilities”, for the registration of facilities in the state register, organizations or the sole proprietors operating these facilities shall submit in the prescribed manner information describing each facility no later than 10 working days from the date they are put into operation. While taking note of this information, the Committee requests the Government to provide information on the measures adopted or envisaged to ensure that employers have an obligation to notify the competent authority before any permanent closure of a major hazard installation (Article 8(2)).

Article 9. Establishment of a documented system of major hazard control. The Committee notes that in reply to its previous request, the Government refers to section 11 of the Federal Act No. 116-FZ of 21 July 1997 “On the Industrial Safety of Hazardous Production Facilities” and to the Decree of the Government of the Russian Federation No 1243 of 17 August 2020 “On Approval of the Requirements for Documentation Support of Industrial Safety Management Systems”. The Committee notes that these provide for: (a) the obligation of the employer to organize and carry out production control over compliance with industrial safety requirements; (b) the creation of safety management systems for facilities operating hazards classed as I and II and its requirements; (c) identification, analysis and forecasting of the risk of accidents at hazardous production facilities and the threats associated with such accidents; (d) planning and implementation of measures to reduce the risk of accidents at hazardous production facilities, including when performing work or providing services at hazardous production facilities by third-party organizations or individual entrepreneurs; (e) participation of employees of organizations operating hazardous production facilities in the development and implementation of measures to reduce the risk of accidents at hazardous production facilities; and (f) the procedure for training in the field of industrial safety for managers and employees of operating organizations. While taking note of this information,the Committee requests the Government to give further information on the measures taken to ensure that employers fulfil their obligation to establish and maintain a documented system of major hazard control which provides for:(i)technical measures for the design and operation of the installation and the choice of chemicals;(ii) organizational measures for the instruction of personnel, the provision of protective equipment and the organization of operations (hours of work, staffing levels, definition of responsibilities); (iii) emergency plans and procedures, including measures for medical procedures to be applied, measures to inform authorities on potential accidents and site emergency plans and measures to consult with such authorities where necessary; and (vi) periodic testing and evaluation of site emergency plans.

Article 13. Accident reporting to the competent authority. The Committee notes the Government’s indication that section 9(1) of the Federal Act No. 116-FZ of 21 July 1997 provides that an organization operating a hazardous production facility is obliged to promptly inform in the prescribed manner the federal executive body in the field of industrial safety, its territorial bodies, as well as other state authorities, local governments and the population about an accident at a hazardous production facility. While noting this provision, the Committee recalls that according to Article 13, employers shall inform the competent authority and other bodies designated for this purpose as soon as a major accident occurs Therefore, the Committee requests the Government to indicate the timeframe for the notification of the authorities of an accident.

Article 15. Off-site preparation of emergency plans and procedures for the protection of the public and the environment. Further to its previous comment, the Committee notes the information provided by the Government that the Ministry of Emergency Situations has approved the Methodological Recommendations on Action Planning within the Framework of the Unified State System for the Prevention of and Response to Emergencies at the Regional, Municipal and Facility Levels on 15 March 2021, which include annual scheduled and unscheduled updates (under high-alert situations), and advise that the Action Plan be reviewed at least every five years. The Government indicates that in determining the areas of possible emergencies, in accordance with paragraph 14 of the Recommendations, use is made of information contained in the declarations of industrial safety of hazardous production facilities, safety data sheets and security plans for critically important facilities and potentially hazardous facilities, developed by the organizations operating these facilities in accordance with the legislation on industrial safety. The Government further indicates that pursuant to paragraph 20 of the Recommendations, the Action Plan for the territory of a constituent entity of the Russian Federation shall be coordinated with the head of the main Directorate of the Ministry of Emergency Situations of Russia for the constituent entity of the Russian Federation, and also with the heads of the territorial bodies of federal executive authorities, whose management bodies and resources are included in the Action Plan. The Committee takes note of this information which addresses its previous request.

Article 16. Dissemination of information on the safety measures to be taken in the event of a major accident. The Committee notes the information provided by the Government that under Federal Act No. 68-FZ of 21 December 1994, alerts to the public in the case of emergency situations must be communicated through warning signals and emergency information about its risks, as well as rules of conduct of the public and the need to take protection measures. It also notes the Government’s indication that the Order of the Russian Ministry of Emergency Situations and the Russian Ministry of Digital Development, Communications and Mass Media No. 578/365 establishes a procedure for activating public alert systems and that a Comprehensive Public Emergency Alert System is activated automatically from monitoring systems or by decision of certain authorities or organizations. In addition, the Committee notes the information provided by the Government concerning the transmission and dissemination of the alert signals and emergency information to the public. The Committee requests the Government to provide information on measures taken or envisaged to ensure that, where a major accident could have transboundary effects, the necessary information is provided to the States concerned, to assist in cooperation and coordination (Article 16(c)).

Article 17. Siting of major hazard installations. Further to its previous comment, the Committee notes the Government’s reference to the Act of the Russian Federation No. 2395-1 of 21 February 1992 “On Subsoil”, as amended on 29 December 2022, which stipulates that the construction and operation of mine workings, boreholes and other structures relating to subsoil use, and geological studies of the subsoil shall only be allowed if the safety of the life and health of their employees and the public in the affected area are ensured. The Committee requests the Government to provide information on measures taken or envisaged to establish a comprehensive siting policy arranging for the appropriate separation of proposed major hazard installations from working and residential areas and public facilities and appropriate measures for existing installations.

Article 18. Inspection. Qualifications, training and skills. Possibility for employers and workers to accompany the inspectors. The Committee notes the Government’s reference to section 28 of Federal Act No. 248-FZ of 31 July 2020 “On State Monitoring (Supervision) and Municipal Monitoring in the Russian Federation”, which provides for the qualification requirements for the position of inspector. The Committee also notes that the Decree of the Government of the Russian Federation No. 1082 of 30 June 2021 “On Federal State Supervision in the Field of Industrial Safety” provides that the supervisions in the field of industrial safety is carried out by federal state civil servants of the “specialists” category in the structural divisions of the central apparatus of the Rostekhnadzor. The Government also refers to section 31(7) of Federal Act No. 248-FZ of 31 July 2020 which provides that, when conducting inspections, the presence of the controlled person or her/his representative is mandatory, except for when carrying out monitoring (supervisory) measures, or performing monitoring (supervisory) actions that do not require interaction with the controlled person. The Committee recalls that, according to Article 18(2), the presence of representatives of the employer of a major hazard installation shall have the opportunity to accompany inspectors, unless the inspectors consider, in light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties. The Committee requests the Government to provide information on the technical and professional support made available to the inspectors of the Rostekhnadzor. The Committee also requests the Government to indicate the measures adopted or envisaged to ensure that workers’ representatives have a right to accompany inspectors in their visits. With reference to its comment under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to indicate how it is ensured that employers’ representatives accompany inspectors during the visits only if the inspector considers that this is not prejudicial to the performance of their duties.

Article 19. Right to suspend any operation. Further to its previous comment, the Committee notes the Government’s indication that section 3.12 of the Code of Administrative Offences establishes that administrative suspension of activities can be ordered by a judge in cases of a threat to people’s life and health such as the emergence of epidemics, radiation accidents and man-made disasters. The Committee takes note of this information which addresses its previous request.

Article 20. Rights of workers and their representatives. The Committee notes the Government’s indication that in accordance with section 14.1 of Federal Act No. 116-FZ of 21 July 1997, employees of hazardous production facilities shall receive additional professional education and undergo certification in industrial safety at least once every five years, in order to maintain their qualification level and confirm their knowledge of industrial safety requirements. The Committee also notes that section 216.1 of the Labour Code provides that the refusal of the employee to perform work in case of danger to his life and health due to violation of labour protection requirements until the elimination of such danger or the refusal to perform work with harmful or dangerous working conditions not provided for by an employment contract, does not entail disciplinary responsibility. The Committee further notes that the provisions referred to by the Government in relation to workers’ rights to occupational safety and health do not give effect to Article 20(a), (b), (c) and (f) of the Convention. Therefore, the Committee once again requests the Government to indicate the legislative and practical measures taken to ensure that workers and their representatives: (i)are adequately and suitably informed of the hazards associated with the major hazard installation and their likely consequences (Article 20(a)); (ii)are informed of any orders, instructions or recommendations made by the competent authority (Article 20(b));(iii) are consulted in the preparation of, and have access to the industrial safety declaration, emergency plans and procedures and accident reports (Article 20(c)); and(iv) discuss with the employer any potential hazards they consider capable of generating a major accident and have a right to notify the competent authority of those hazards (Article 20(f)).

Article 22. Responsibility of exporting States. The Committee notes once again that the Government’s report contains no information on the effect given to this Article of the Convention. The Committee requests the Government to indicate the legislative or other provisions adopted to ensure that the information on the prohibition of the use of hazardous substances, technologies or processes in the exporting country and the reason for it are made available to importing States.

Application in practice. The Committee notes the Government’s indication that statistical data on accidents and injury rates are published on Rostekhnadzor’s official website. It also notes the information provided by the Government that the Ministry of Energy has developed a draft bill proposing an increase of the frequency of mandatory training for employees who supervise mining and blasting operations in the coal industry from every five years to every three years. The Government indicates that the bill has been considered and adopted by the State Duma of the Federal Assembly of the Russian Federation in the first reading. The Committee requests the Government to continue to provide information on the progress of the adoption of the bill and to provide information on the number of workers covered by the relevant legislation, on the monitoring activities carried out by Rostekhnadzor (number of visits conducted, number and nature of infractions identified and sanctions imposed) and other indications useful for an understanding of the application of the Convention in practice.

Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Application in practice. The Committee notes the information provided by the Government that in 2021, 2,658 work-related accidents were reported in the wholesale and retail trade sector, of which 2,340 were classified as minor, 236 as serious and 92 resulted in fatalities. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including statistical data on the number of work-related accidents or diseases reported in relation to hygiene in commerce and offices, their causes and the measures taken to address these causes, as well as information on the activities of inspection services (number of visits, violations identified and sanctions imposed).

Safety and Health in Construction Convention, 1995 (No. 167)

Articles 1(3) and 7 of the Convention. Self-employed persons. Further to its previous comment, the Committee notes the information provided by the Government that labour regulations are not applicable to persons working on the basis of civil law contracts, unless they simultaneously act as employers or their representatives (section 11(8) of the Labour Code). With reference to its comment under Article 13 of the Guarding of Machinery Convention, 1963 (No. 119), the Committee requests the Government to provide information on measures adopted or envisaged to ensure that safety and health measures also apply to self-employed persons.

Article 8(1)(a) and (b) and (2). Cooperation between two or more employers undertaking activities simultaneously at one construction site. Absence of the principal contractor from the workplace. The Committee notes the information provided by the Government that the provisions on occupational safety and health are the responsibility of the employer with whom the employee has an employment relationship, but that it’s possible for employers to cooperate within the framework of social partnership, involving groups of employees of the relevant employers. The Committee requests the Government to provide information on measures adopted or envisaged to ensure that, whenever two or more employers undertake activities simultaneously at one construction site: (i) it is the principal contractor, or any other person or body with actual control over, or primary responsibility for overall construction site activities, that is responsible for coordinating the prescribed safety and health measures (Article 8(1)(a)); and (ii) where the principal contractor, or other person or body with actual control over or primary responsibility for overall construction site activities, is not present at the site, they nominate a competent person or body at the site with the authority and means necessary to ensure on their behalf coordination and compliance with the measures (Article 8(1)(b)). The Committee further requests the Government to indicate measures adopted or envisaged to ensure that employers (or self-employed persons) carrying out activities simultaneously at the same construction site are obliged to cooperate in the application of the OSH measures defined in the national legislation, in accordance with Article 8(2).

Article 14 (4). Inspection of scaffolds.The Committee requests the Government to provide information on measures taken or envisaged to ensure that scaffolds are inspected by a competent person after commencement of use, including at periodic intervals or after any alterations or interruption in use.

Article 17(1)(c). Use of plant, machinery, equipment and hand tools. Further to its previous comment, the Committee notes the Government’s indication that the Order of the Russian Ministry of Labour No. 835n of 27 November 2020, “On Approval of the Rules for Occupational Safety when Working with Tools and Devices”, is the legislation currently regulating occupational safety when working with tools and devices. It also notes that section 27 of the aforementioned legislation provides that, when working with tools and devices, the employee shall only perform the work assigned to him or her and for which the employee has been instructed in safety at work; and shall only work with tools and devices for which the employee has been trained in safe methods and techniques. The Committee notes, however, that this provision does not ensure the exclusive use of plant, machinery and equipment, including hand tools, for work for which they have been designed unless a use outside the initial design purposes has been assessed by a competent person who has concluded that such use is safe. Therefore, the Committee requests the Government to provide information on the measures taken or envisaged to give effect to Article 17(1)(c).

Article 19(e). Excavations, shafts, earthworks, underground works and tunnels. Appropriate investigations to locate circulation of fluids or the presence of pockets of gas. The Committee once again requests the Government to provide information on the measures taken or envisaged to give full effect to Article 19(e) with regard to appropriate investigations to locate underground dangers.

Article 20. Cofferdams and caissons.The Committee requests the Government to indicate the measures adopted or envisaged to ensure that cofferdams and caissons shall be of good construction and suitable and sound material; of adequate strength; and provided with adequate means for workers to reach safety in the event of an inrush of water or material (Article 20(1)). The Committee also requests the Government to indicate the measures taken to ensure that the construction, positioning, modification or dismantling of a cofferdam or caisson shall take place only under the immediate supervision of a competent person (Article 20(2)). Lastly, the Committee requests the Government to indicate the measures taken to ensure that every cofferdam and caisson shall be inspected by a competent person at prescribed intervals (Article 20(3)).

Article 21. Work in compressed air. The Committee notes the Government’s indication that the Federal Act No. 323-FZ of 21 November 2011 “On the Fundamentals of Protecting Public Health in the Russian Federation”, the Federal Act of the Russian Federation No. 52-FZ of 30 March 1999 “On the Sanitary and Epidemiological Welfare of the Population”, as amended in 2019-21, and the Order of the Ministry of Health of Russia No. 29n of 28 January 2021 (as amended on 01 February 2022) implement requirements for compulsory preliminary and periodic medical examinations of construction workers engaged in work with harmful and hazardous production factors. The Committee notes that, in accordance with Order No. 29n of 28 January 2021, preliminary medical examinations are compulsory upon admission to work in order to determine the worker’s fitness for the work to be performed and that periodic medical examinations are compulsory for workers who perform work in compressed air. The Committee notes this information in response to its previous request.

Article 22. Structural frames and formwork. The Committee once again requests the Government to indicate the national legislation that gives effect to Article 22 to ensure that: (i) work on structural frames and formwork is carried out only under the supervision of a competent person; (ii) adequate precautions are taken to guard against danger to workers arising from any temporary state of weakness or instability of a structure; and (iii) formwork, falsework and shoring shall be so designed, constructed and maintained that it will safely support all loads that may be imposed on it.

Article 28(4). Waste disposal. The Committee once again requests the Government to provide information on the measures taken or envisaged to ensure that waste is not destroyed or otherwise disposed of on a construction site in a manner which is liable to be injurious to health.

Article 32(3). Provision of separate sanitary and washing facilities. Further to its previous comments, the Committee notes the information provided by the Government that Sanitary Rules SP 2.2.3670-20, “Sanitary and Epidemiological Requirements for Working Conditions”, specify that dressing rooms, bathrooms, showers and washrooms must be equipped separately for men and women, with the exception of workplaces with up to 15 employees, where combined facilities are allowed. The Committee notes this information in response to its previous request.

Article 34. Reporting of accidents and diseases and application of the Convention in practice. Further to its previous comment concerning the reporting of the cases of occupational diseases, the Committee notes the information provided by the Government that the registration and procedure for establishing occupational diseases and informing Rospotrebnadzor about occupational diseases in all industries, including construction, is prescribed in the rules for investigating and recording cases of occupational diseases of employees approved by Government Resolution of the Russian Federation No. 1206 of 5 July 2022, and in the orders of the Ministry of Health of the Russian Federation and Rospotrebnadzor for the purposes of investigating, recording and registering occupational diseases. However, the Committee notes that the national legislation still only requires employers to notify the labour inspectorate of group accidents, serious accidents or fatal accidents, and that Resolution No. 1206 only establishes the obligation to notify cases of acute occupational diseases. Referring to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to provide information on measures taken or envisaged to establish a procedure which will ensure that the labour inspectorate is notified of all types of industrial accidents and occupational diseases which occur in the construction industry.

Safety and Health in Mines Convention, 1995 (No. 176)

Article 5(2)(d) of the Convention. Compilation and publication of statistics on dangerous occurrences. The Committee notes the information provided by the Government that, according to the Government Resolution of the Russian Federation No. 401 of 30 July 2004, the Rostekhnadzor is the federal executive authority responsible for monitoring the work in subsoil use. It also notes the Government’s indication that statistical data on accidents and injury rates are published on Rostekhnadzor’s official website, as well as in the annual newsletters of the Federal Service for Environmental, Technological and Nuclear Supervision. The Committee request the Government to provide information on measures adopted or envisaged to ensure the compilation and publication of statistics on dangerous occurrences.

Article 5(4)(c). Protective measures to secure abandoned mine workings. Further to its previous comment, the Committee notes the Government’s indication that the Act of the Russian Federation No. 2395-1 of 21 February 1992 “On Subsoil” establishes that underground workings, boreholes and other structures associated with subsoil use must be either dismantled or preserved when the license expires or when subsoil use is terminated prematurely, in order to ensure the life and health of the public, environmental protection, safety of buildings and structures. The Committee takes note of this information, which replies to its previous request.

Article 5(4)(d). Safe transportation and disposal of hazardous substances. The Committee notes the Government’s indication that Sanitary Rules SP 2.1.3684-21, approved by the Decree of the Chief State Sanitary Doctor of the Russian Federation No. 3 of 28 January 2021, establish waste management requirements (sections 220, 224 to 226, 228 and 229). However, it notes that these provisions do not establish specific requirements for the safe storage, transportation and disposal of hazardous substances used in the mining process and waste produced at the mine. Therefore, the Committee requests the Government to provide information on measures adopted or envisaged to ensure that national laws and regulations specify requirements for the safe storage, transportation and disposal of hazardous substances used in the mining process and waste produced at the mine.

Article 5(5). Plans of workings. The Committee notes the information provided by the Government that paragraph 13 of the Government Resolution No. 1466 of 16 September 2020 “On the Rules for the Preparation, Consideration and Approval of Plans and Schemes for the Development of Mining Operations by Types of Minerals” establishes that the application for approval of mining development plans must be submitted by the subsoil user to the State Mining Supervisory Authority by 1 September of the year preceding the start of the operations. It also notes the Government’s indication that the review of the mining development plans is carried out in the period from 20 September to 25 December of the same year and that changes made outside this schedule shall be reviewed within a period not exceeding 30 days from the application registration date by the State Mining Supervisory Authority. The Committee requests the Government to indicate whether the plans of working are kept available at mine sites.

Article 7(b). Decommissioning of mines.Given the lack of information in this regard,the Committee requests the Government to provide information on measures adopted or envisaged to ensure that mines are decommissioned without endangering the health and safety of workers and other persons.

Article 13(1)(a). Right of workers to report accidents, dangerous occurrences and hazards. Further to its previous comment, the Committee notes the Government’s indication that according to paragraph 34 of Rostekhnadzor Order No. 507 of 8 December 2020 (as amended on 23 June 2022) “On Approval of Federal Rules and Regulations on Industrial Safety, Safety Rules in Coal Mines”, employees engaged in work in mines must immediately notify their immediate supervisor or other officials about violations of industrial safety requirements and suspend operations. The Committee also notes the information provided by the Government that according to section 9(2) of Federal Act No. 116-FZ of 21 July 1997, employees of hazardous production facilities must immediately notify their direct supervisor or other officials about an accident or incident at the hazardous production facilities. The Committee requests the Government to provide information on measures adopted or envisaged to ensure the right of workers to report accidents, dangerous occurrences and hazards to the competent authority.

Article 13(2)(c), (e) and (f), and (4). Rights of workers’ safety and health representatives. Recourse to advisers and independent experts, consultations with competent authorities and notice of accidents and dangerous occurrences. Noting that the information provided by the Government does not indicate the manner in which the provisions of this Article are applied,the Committee once again requests the Government to provide information on measures adopted or envisaged to ensure the right of workers’ safety and health representatives, who are not members of trade union organizations, to exercise the rights to have recourse to advisers and independent experts, to consult with the competent authorities and to receive notice of accidents and dangerous occurrences without discrimination or retaliation.

Article 14(d). Duty of workers to cooperate. Further to its previous comment, the Committee notes the Government’s indication that sections 23 and 24 of the Labour Code define social partnership as the system of relations between employees, employers and their representatives, based on principles such as the observance by the parties and their representatives of labour legislation and other regulatory legal acts on labour matters. The Committee takes note of this information which replies to its previous request.

[The Government is requested to reply in full to the present comments in 2026.]

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

The Committee notes the information provided by the Government in its report on the effect given to Articles 5 (temporary exemptions from the provisions of Article 2), 7 (employers’ duty to ensure compliance with the provisions of Article 6), 9 (temporary exemptions from the provisions of Article 6), 12 (measures ensuring that workers’ rights under national social security or social insurance legislation are not affected) and 14 to 17 (measures of application of the Convention and scope of application of the Convention) of the Convention.

Legislation. The Committee notes that the Government provides in its report a list of laws and regulations that give effect to the Convention. The Committee notes that, with the exception of the Labour Code, the Government does not indicate the specific legislative provisions ensuring the application of the Convention. The Committee therefore requests the Government to indicate the specific provisions of the relevant laws and regulations giving effect to the Articles of the Convention and to include the text of these provisions in its next report.

Article 1(2) of the Convention. Decision to exclude manually powered machines, in consultation with the most representative organizations of employers and workers concerned. The Committee notes the Government’s indication that manually powered industrial machines are not classified as machines under the law, due to the fact that there are practically no manually powered machines, but notes that no information is provided on consultations held with the most representative organizations of employers and workers concerned in this regard. The Committee requests the Government to provide information on the consultation of the most representative organizations of employers and workers concerned, and on the outcome of these consultations, with regard to the exclusion of manually powered machines from the classification of machinery under the law.

Articles 2, 3, 6 and 8. Sale, hire, transfer in any other manner and exhibition and use of machinery. The Committee notes the Government’s indication that the safety requirements contained in the legislative and regulatory instruments referenced in the report give effect to the requirements of these provisions of the Convention. However, without further specification, the Committee is unable to identify the provisions that would give effect to the specific requirements relating to the sale, hire, transfer in any other manner and exhibition and use of machinery. The Committee requests the Government to indicate the specific provisions of the referenced legislation, regulations and standards which give effect to these Articles of the Convention.

Article 4, in conjunction with Article 2. Responsibility for ensuring compliance with the obligations related to the hire, transfer in any other manner and exhibition of machinery. The Committee notes the Government’s indication that under national legislation, the responsibility to ensure compliance with the provisions of Article 2 rests on the owner of the machinery or the person upon whom the owner officially confers the responsibility. The Committee draws the Government’s attention to the fact that Article 4 provides that the responsibility rests upon the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and, where appropriate, on their respective agents and that this obligation rests on the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it. The Committee requests the Government to provide information on the measures taken, in law and in practice, to ensure that the responsibility for ensuring compliance with obligations related to the hire, transfer in any other manner and exhibition, pursuant to Article 2, rests upon the persons enumerated in Article 4 of the Convention.

Article 10. Obligation of the employer to take steps to bring national laws or regulations relating to the guarding of machinery to the notice of workers and to instruct them. The Committee notes the Government’s indication that, pursuant to section 212 of the Labour Code, employers are required to ensure the safety of workers in the operation of hardware, to provide training in safe work methods and techniques, to inform workers of the risks to their safety and health and to take measures to prevent accidents and preserve the life and health of workers in the event of an accident. As this provision concerns hardware in general, the Committee is unable to assess whether workers in the country receive instruction specific to the guarding of machinery, the dangers arising and the precautions to be observed in the use of machinery. The Committee requests the Government to provide further information on the measures taken, in law and in practice, to give effect to the specific requirements of Article 10 of the Convention.

Article 11. Measures to prohibit the use of machinery without the guards provided being in position or made inoperative. The Committee notes the Government’s indication that pursuant to section 214 of the Labour Code, workers are required to comply with occupational safety requirements, while section 219 provides that workers can refuse to perform work presenting a danger to their life or health if it violates occupational safety requirements, and under section 220 workers are protected from disciplinary action when they exercise their right to refusal. It also notes the indication that occupational safety regulations and standard operating procedures contain bans on the use of machinery, mechanisms, production equipment, and other potentially dangerous machinery parts, which do not have safety devices and job interrupters, when safety devices are removed. The Committee requests the Government to indicate the specific provisions of the occupational safety regulations and standard operating procedures which ensure effect is given to the requirements of this Article of the Convention, and to include the text of these provisions in its next report.

Article 13. Application of the obligations of employers and workers to self employed workers. The Committee notes the Government’s indication that sections 2 and 28 of the Technical Regulations Act No. 184-FZ of 27 December 2002 require any natural or legal person to apply for and receive a certificate of conformity confirming the compliance of a worksite, including its machinery and equipment, with the technical regulations. However, it appears to the Committee that these sections relate to the conformity of the applicant’s products with technical regulations, whereas Article 13 of the Convention relates to the application of the obligations of employers and workers regarding the use of machinery to self-employed workers. The Committee requests the Government to clarify whether the requirement to apply for a certificate of conformity under the Technical Regulations Act applies to the use of machinery, and to provide further details on the manner in which it is ensured that the obligations of employers and workers on the use of machinery apply to self-employed workers.

Application in practice. The Committee notes the information submitted with the Government’s report on the number of labour inspections undertaken to monitor safety at work, the number of violations identified, the number of workers suspended from their jobs following violations related to occupational safety and health, and the number of facilities temporarily prohibited from operating. The Committee notes that there is no specific information relating to the guarding of machinery as covered by this Convention. The Committee requests the Government to provide further specific information on the number and nature of the contraventions reported in relation to the application of the Convention as well as the number, nature and cause of accidents reported.

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

Legislation. The Committee notes the information provided by the Government and its reference to certain instruments giving effect to the provision of the Convention. However it notes that the requested copies of the instruments were not included in its report. This legislation includes inter alia: the Machine Safety Requirements for Metal Work GOST EN 12417-2006; and Machine Safety, Basic Concepts and General Principles, Part 2, Technical Principles, GOST R ISO 12100-2-2007; the Inter-sectoral Rules on Labour Protection in using industrial transport (conveyors, pipelines and other means of non interrupting performance), No. 36 of 17 June 2003, POT R M-029-2003; the decision of the Ministry of Health No. 100 of 26 May 2003, to approve Hygienic Requirements to the Organization of Technological Processes, Equipment and Tools, SP 2.2.2.1327-03; and the Technical Standard GOST 12.4.125-83 “SBBT – Means for the collective protection of workers against the effects of mechanical factors. General security requirements”. The Committee draws the Government’s attention to the fact that the report should provide a list of the relevant legislation which gives effect to the Convention, indicating in detail for each Article of the Convention the provisions of the applied legislation. The Committee therefore requests the Government to provide with its next report the text of the relevant legislation giving effect to each Article of the Convention, so that it could assess the implementation of the Convention.

Part V of the report form. Application in practice. The Committee notes the absence of information from the Government on this point. Therefore, the Committee once again requests the Government to provide further information covering a longer time period on the manner in which the Convention is applied in practice, including, for instance, extracts from official reports of the Labour Inspectorate Service, statistics on the number of workers covered by the legislation, the number and nature of the contraventions reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.

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

The Committee notes the information supplied by the Government in its latest report, but that the requested copies of the instruments giving effect to the Convention were not included. While the Federal Law on Technical Regulation No. 184 of 27 December 2002, as amended by Federal Law No. 65 of 1 May 2007 has been available to the Committee from the publicly available sources, the Committee does not have all the relevant legislative information to evaluate the effect given to the Convention based on the legislation the Government has referred to as relevant. This legislation includes: the Machine Safety Requirements for Metal Work GOST EN 12417-2006; and Machine Safety, Basic Concepts and General Principles, Part 2, Technical Principles, GOST R ISO 12100-2-2007; the Inter-sectoral Rules on Labour Protection in using industrial transport (conveyors, pipelines and other means of non-interrupting performance), No. 36 of 17 June 2003, POT R M-029-2003; the decision of the Ministry of Health No. 100 of 26 May 2003, to approve Hygienic Requirements to the Organization of Technological Processes, Equipment and Tools, SP 2.2.2.1327-03; and the Technical Standard GOST 12.4.125-83 “SBBT – Means for the collective protection of workers against the effects of mechanical factors. General security requirements.” The Committee requests the Government to clarify with its next report whether these instruments are still relevant for the application of the Convention and to supply copies of the legislation of those that still are.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government about the activities of the state labour inspectorate carried out in Russia during a period of six months in 2011, including the numbers of check-ups, the number of detected violations in the area of occupational safety and health, and the number of workers who were removed from work because of not having received adequate training and not passing the test of knowledge on occupational safety and health. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied preferably over a longer period of time and include, for example, extracts from inspection reports.

[The Government is asked to reply in detail to the present comments in 2012.]

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

The Committee notes the adoption of new standards giving effect to the Convention, including, inter alia, Federal Law on Technical Regulation No. 184 of 27 December 2002, as amended by Federal Law No. 65 of 1 May 2007; Machine Safety Requirements for Metal Work GOST EN 12417-2006; and Machine Safety, Basic Concepts and General Principles, Part 2, Technical Principles, GOST R ISO 12100-2-2007, which have not been made available to the Committee. The Committee requests the Government to supply a copy of these instruments with its next report. In addition, it again requests the Government to communicate the Inter-sectoral Rules on Labour Protection in using industrial transport (conveyors, pipelines and other means of non-interrupting performance), No. 36 of 17 June 2003, POT R M-029-2003; the decision of the Ministry of Health No. 100 of 26 May 2003, to approve Hygienic Requirements to the Organization of Technological Processes, Equipment and Tools, SP 2.2.2.1327-03; and the Technical Standard GOST 12.4.125-83 “SBBT – Means for the collective protection of workers against the effects of mechanical factors. General security requirements”, in any of the forms indicated in its comment on the application of the Russian Federation of the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148).

[The Government is asked to reply in detail to the present comments in 2011.]

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

The Committee takes note of the information provided by the Government in its report.

It notes the adoption of new standards giving effect to the Convention, namely, the Inter-sectoral Rules on the labour protection in using industrial transport (conveyors pipelines and other means of non-interrupting performance), No. 36 of 17 June 2003, POT R M-029-2003 and, the decision of the Ministry of Health No. 100 of 26 May 2003, to approve hygienic requirements to the organization of technological processes, equipment and tools, SP 2.2.2.1327-03. The Committee requests the Government to supply a copy of these instruments with its next report. In addition, it requests the Government again to communicate the technical standard GOST 12.4.125-83 "SBBT - Means for the collective protection of workers against the effects of mechanical factors. General security requirements".

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

The Committee notes the Government’s report. The Committee recalls that the Government had in its earlier report made reference to GOST 12.4.125-83 "SSBT - Means for the collective protection of workers against the effects of mechanical factors. General security requirements", as one of the standards giving effect to the provisions of the Convention. The Committee notes that the Office has not yet received a copy of this standard that the Committee had requested from the Government in its previous comments. It would be grateful if the Government would send to the Office a copy of the said standard in the event that it is still in force, or a copy of its replacing standard if it has been replaced.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee takes note with interest of the technical standards GOST 12.2.062-81 "SSBT Industrial Equipment. Provide Guards" communicated with the Government's latest report.

The Committee refers to its previous comments related to another text, a copy of which has been requested. The Government is once again requested to supply a copy of GOST 12.4.125-83 "SSBT -- Means for the collective protection of workers against the effects of mechanical factors. General security requirements".

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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

The Committee notes according to the Government's report, new standards giving effect to Article 6 of the Convention have been adopted within the context of the System of Occupational Safety Standards (SSBT), including: GOST 12.2.060-81 "SSBT - Production machinery. Protective devices"; GOST 12.4.125-83 "SSBT - Means for the collective protection of workers against the effects of mechanical factors. General security requirements". The Committee requests the Government to supply copies of the above texts with its next report.