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 2022, published 111st ILC session (2023)

The Committee notes the Government’s first report.

Articles 1(3) and 7 of the Convention. Self-employed persons. The Committee notes the Government’s indication in its report that, according to section 212 of the Labour Code, state regulatory requirements for occupational safety and health are binding on legal entities and individuals when conducting any type of activity, including construction, regardless of the form of the contractual relationship. In this respect, it indicates that the legislation of the Russian Federation allows individuals to perform certain types of work without an employment contract (i.e. self-employed workers), including in construction. However, the Committee notes that in the same report the Government indicates that state regulatory requirements for occupational safety and health are fully applicable to workers working in construction, under an employment contract. Furthermore, the Committee notes the information provided by the Government on the occupational safety and health (OSH) obligations of employers. However, it notes that the Government does not indicate whether these obligations also apply to self-employed persons. The Committee requests the Government to specify whether safety and health measures also apply to self-employed persons and to indicate the provisions in the relevant legislation.

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 that according to national legislation (section 20 of the Order No. 883n of 11 December 2020 on approval of the Rules for labour protection during construction, reconstruction and repair), in case of joint activities on a construction site by several employers, each of them shall provide safe working conditions for the workers they employ. The Committee notes, however, an absence of information on provisions which indicate the person responsible for coordinating the prescribed safety and health measures; that provide the possibility of the primary responsible person to nominate another competent person when the first is not present at the site; and that provide for cooperation in OSH between employers (or between self-employed persons) undertaking activities simultaneously at one construction site. The Committee requests the Government to clarify whether, under national legislation, 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, in accordance with Article 8(1)(a) of the Convention.The Committee requests the Government to provide information on the measures taken or envisaged to ensure that 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, in accordance with Article 8(1)(b) of the Convention. The Committee further requests the Government to indicate whether national legislation ensures 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 takes note of the legislation provided by the Government which provides for the inspection of scaffolds before the commencement of their use. It requests the Government to provide further information on measures taken or envisaged that 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. The Government indicates that safety requirements for devices, mechanisms and equipment, including hand tools used in construction work, as well as design requirements thereof, are defined by the technical regulations of the Customs Union on Machinery and Equipment Safety, approved by Decision of the Customs Union Commission No. 823 of 18 October 2011. It also refers to the Occupational Safety Rules when Working with Tools and Devices, approved by Order of the Ministry of Labour and Social Protection of Russia No. 552n of 17 August 2015. The Committee requests the Government to provide a copy of the technical regulations and Order No. 552n.The Committee also requests the Government to indicate the measures taken or envisaged to give effect to Article 17(1)(c) concerning the exclusive use of plant, machinery, equipment and 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.

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 notes that the Government’s report does not contain information on the application of Article 19(e) which requires that adequate precautions be taken in any excavation, shaft, earthworks, underground works or tunnel, to avoid risk to workers arising from possible underground dangers, such as the circulation of fluids or the presence of pockets of gas, by undertaking appropriate investigations to locate them. The Committee 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 Government refers to the Safety Rules for the Construction of Underground Structures, PB 03-428-02, approved by Decree of the Federal Mining and Industrial Inspectorate of Russia No. 49 of 2 November 2001 and the Occupational Safety Rules during Compressed-Air Work (Caisson Work), approved by the Ministry of Transport and Construction of the USSR on 4 January 1980. The Committee requests the Government to indicate the measures that give effect to Article 20(1) of the Convention by ensuring thatcofferdams 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. 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, in accordance with Article 20(2) of the Convention.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, in accordance with Article 20(3) of the Convention.

Article 21. Work in compressed air. The Committee requests the Government to provide a copy of the Order of the Ministry of Health and Social Development of Russia No. 302n of 12 April 2011 on Approval of the Lists of Harmful or Hazardous Production Factors and Jobs, during which Compulsory Preliminary and Periodic Medical Examinations shall be Conducted, and the Procedure for Conducting Compulsory Preliminary and Periodic Medical Examinations of Workers Engaged in Heavy Work and in Jobs with Harmful or Hazardous Working Conditions.

Article 22. Structural frames and formwork. The Committee 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 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. The Committee notes the information provided by the Government on the requirement to provide hygienic and sanitary devices, toilets, washbasins, drinking water installations, and rooms for employees to dry wet clothes and stay in during adverse weather conditions. However, the Committee notes an absence of information on measures to give effect to Article 32(3). The Committee requests the Government to indicate the measures taken or envisaged to ensure that separate sanitary and washing facilities for men and women workers are provided, in accordance with Article 32(3) of the Convention.

Article 34. Reporting of accidents and diseases and application of the Convention in practice. The Committee recalls that, for a number of years, it has been requesting the Government to provide information on any legislative changes establishing the systematic notification of the labour inspectorate of cases of occupational diseases under the Labour Inspection Convention, 1947 (No. 81). It also recalls that under national legislation, employers are only required to inform the Inspectorate of group industrial accidents, serious industrial accidents or fatal industrial accidents. Referring to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to provide information on any measures taken or envisaged to establish a procedure which will ensure that the labour inspectorate is notified of all types of industrial accidents and cases of occupational diseases which occur in the construction industry. The Committee also requests the Government to provide statistical information related to occupational safety and health in the construction sector, including the number of recorded occupational accidents and cases of occupational diseases in the sector.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the Government’s first report.

Article 2 of the Convention. Replacement of carcinogenic substances and agents. The Committee notes the information in the Government’s report that, according to paragraph 3.1 of the Sanitary Rules and Regulations 1.2.2353-08 on Carcinogenic Factors and Basic Requirements for the Prevention of Carcinogenic Hazards of 2008 (hereafter Sanitary Rules and Regulations), legal entities and individual entrepreneurs whose organization’s activities may give rise to a carcinogenic hazard are required to take measures to eliminate or reduce that hazard. Paragraph 3.2 further provides that measures shall be taken avoid human contact with carcinogenic substances in industrial and domestic spheres, and that legal entities and individual entrepreneurs should use technological and manufacturing processes that do not give rise to the emergence and release of these substances into the surrounding environment. The Committee requests the Government to provide further information on the concrete measures taken to ensure the replacement of carcinogenic substances and agents to which workers may be exposed in the course of their work by non-carcinogenic substances or agents or by less harmful substances or agents. It also requests the Government to indicate how the choices of substitute substances or agents are made, taking into consideration of their carcinogenic, toxic and other properties.

Article 5. Medical examinations. The Committee notes that paragraph 3.9 of the Sanitary Rules and Regulations requires preliminary and periodical medical examinations for workers exposed to carcinogenic substances or agents. Moreover, the Ministry of Health and Social Development Decision No. 302n of 2011 provides for the list of harmful and hazardous occupational factors and jobs which require medical examinations and the detailed procedure for these examinations. According to the relevant Decision, workers exposed to carcinogenic substance or agents shall undergo a preliminary medical examination and annual check-up, with the participation of specialists and targeted medical investigations. The Government also indicates that after workers stop working at a facility where there is exposure to carcinogenic substances and factors, they undergo health screening and are subject to monitoring at the expense of the Federal Compulsory Medical Insurance Fund, in accordance with legal requirements. The Committee requests the Government to provide further information on the legal requirements referred to in its report for post-employment health monitoring for workers who were exposed to carcinogenic substances or agents.

Article 6(a). Consultation with organizations of employers and workers. The Committee 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. The Committee notes the Government’s indication that state supervision of the application of the requirements of sanitary rules is performed by the federal executive bodies responsible for state public health inspection, namely the Federal Service for Surveillance on Consumer Rights Protection and Human Welfare and its regional agencies. It also notes that the supervision is carried out in accordance with relevant administrative regulations and that violations of sanitary and epidemiological rules are punishable by disciplinary, administrative and criminal sanctions. The Committee requests the Government to provide further 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. With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), 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.

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

The Committee notes the Government’s first report.

Article 5(2)(d). Compilation and publication of statistics on dangerous occurrences. The Committee notes that, pursuant to section 356 of the Labour Code, the Federal Labour Inspectorate prepares and publishes annual reports, which, according to the Government’s indication in its report, include statistics on occupational injuries in mining. It also notes that, pursuant to sections 5 and 44 of Federal Law No. 52-FZ (30 March 1999) on sanitary and epidemiological welfare of the population, federal authorities prepare annual reports relating to occupational diseases, which, according to the Government’s indication, cover the mining sector. The Committee notes that the Government does not provide any information on compilation and publication of statistics on dangerous occurrences. The Committee requests the Government to provide information in this regard.

Article 5(4)(c). Protective measures to secure abandoned mine workings. The Committee notes that section 129 of Order No. 550 (19 November 2013) on safety regulations in coal mines and sections 5 and 11–21 of Order No. 530 (28 November 2014) on instructions for isolation of unused mine workings and worked-out areas in coal mines give effect to this Article with regard to coal mines, but that the Government does not provide any information on other mine workings. The Committee requests the Government to provide information in this regard.

Article 5(4)(d). Safe transportation and disposal of hazardous substances. The Committee notes that sections 3.11 and 15.2.16 of Sanpin 2.2.2948-11 (21 July 2011) on hygienic requirements for extraction and processing of coal give effect to this Article with regard to coal mines, but that the Government does not provide any information on other mine workings. The Committee requests the Government to provide information in this regard.

Article 5(5). Plans of workings. The Committee notes that, pursuant to sections 15–20 of Order No. 550 (19 November 2013) on safety regulations in coal mines, before the start of mining operations, the mine user shall approve operation plans that include occupational safety and health measures and are updated in case of changes occurring in the geological conditions of the mine site. The Committee also notes that, pursuant to section 19 of Order No. 599 (11 December 2013) on safety regulations in mining operations and processing of solid minerals, mining operations should be carried out in accordance with the annual plan of mining operations, which is developed in due course. The Committee requests the Government to provide information on the availability of plans of workings at mine sites. With regard to mines other than coal mines, the Committee requests the Government to provide further information on the elaboration of plans of working before the start of the operations and their update in the event of any significant modification.

Article 7(b). Decommissioning of mines. The Committee notes that section 55 of Federal Law No. 190-FZ (29 December 2004), the Town Planning Code, establishes the requirements in order for a permit to be issued for safe commissioning of mines and sections 16 and 56 of Order No. 599 (11 December 2013) on safety regulations in mining operations and processing of solid minerals establish safety requirements for the operation and maintenance of mines, but that the Government does not provide any information on the measures taken to ensure that mines are decommissioned without endangering the health and safety of workers and other persons. The Committee requests the Government to provide information in this regard.

Article 13(1)(a). Right of workers to report accidents, dangerous occurrences and hazards. The Committee notes that the Government does not provide any information on the right of workers to report accidents, dangerous occurrences and hazards to the employer and the competent authority. The Committee requests the Government to provide information in this regard.

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. The Committee notes that, pursuant to section 370 of the Labour Code, trade unions have the right to supervise employers’ compliance with labour legislation, including the right to petition the relevant authorities on violations of labour legislation. Furthermore, pursuant to sections 20 and 23 of Federal Law No. 10 FZ (12 September 1996) on trade unions’ rights and guarantees, trade unions can recourse to advisers and independent experts. The Committee also notes the mine operator’s obligation to inform trade union organizations within 24 hours from the occurrence of an accident, incident or case of loss of industrial explosive, pursuant to the Decree No. 480 (19 August 2011) on technical investigations on accidents, incidents and loss of industrial explosives. The Committee requests the Government to provide further information on the right of workers’ safety and health representatives, who are not members of trade union organizations, to exercise these rights, without discrimination or retaliation.

Article 14(d). Duty of workers to cooperate. The Committee notes that the Government does not provide any information on the duty of workers to cooperate with the employer to permit compliance with the duties and responsibilities placed on the employer. The Committee requests the Government to provide information in this regard.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Application of the Convention in practice. The Committee notes that the Government did not provide any information on the application of the Convention in practice. The Committee requests the Government to provide available statistical data on the number of work-related accidents or diseases reported, 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).

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

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. The Committee notes the Government’s statement in its report that the Inter-sectoral regulations on labour protection in the course of painting works (POT R M-017-2001), approved by Decision No. 37 of 2001 of the Ministry of Labour, give effect to Article 1. The Government refers, in this regard, to section 2.24 of the Inter-sectoral Regulations, which relates only to lead pigment in paint and varnish coatings for use in manual spraying, but not, as provided under Article 1, to the use of white lead and sulphate of lead and of all products containing these pigments in the internal painting of buildings. The Committee requests the Government to take the necessary measures to give effect to Article 1 of the Convention, and, in this respect, provide information on the measures taken to prohibit the use of white lead and sulphate of lead, in the internal painting of buildings, for painting other than manual spray painting.

Article 3(1). Prohibition of the employment of males under 18 years of age and of all females in any painting work of an industrial character involving the use of white lead. Following its previous comments, the Committee notes that Decree No. 163 of 2000 concerning a list of hazardous work prohibited for persons under 18 years of age contains several provisions prohibiting persons under 18 from working with lead paint. Particularly, the Committee takes due note of: section 2096 of Decree No. 163, which prohibits the preparation and application of paints containing leads; section 654, on metal coating and painting, which prohibits activities in finishing operations that involve the use of lead; section 1030, on the manufacture of ceramic products, which prohibits work with lead glazes; and section 1980, which prohibits work related to the production of art with paint containing lead.

Article 7. Statistical information with regard to lead poisoning among working painters. The Committee notes the Government’s statement that all information related to cases of lead poisoning, including fatalities, is collected by the Federal Supervisory Service for Consumer Rights Protection and Human Welfare, as part of the monitoring of occupational diseases. The Government states that between 2009 and 2014, no cases of lead poisoning caused by the use of white lead were recorded. The Committee requests the Government to continue to provide statistical information relevant to the application of the Convention.

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 2015, published 105th ILC session (2016)

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 the Government’s indication that effect is given to the provisions of the Convention by the following laws, regulations and technical standards: the Labour Code; Federal Act No. 52-FZ of 1999 on Health and Disease Control; Hygiene Standards GN 2.2.5.1313-03 on threshold limit values of harmful substances in the air; Health Standards SS 2.2.4/2.1.8.562-96 on noise at workplaces, accommodation, public buildings and on residential sites; Health Standards SS 2.2.4/2.1.8.566-96 on workplace vibration, vibration in residential and public buildings, and other technical regulations on machinery and equipment safety, etc. It also notes that these texts were adopted after consultation with the working group of the Tripartite Regulatory Commission on Social and Labour Relations. The Committee requests the Government to indicate the specific provisions of the abovementioned texts which give effect to the Articles of the Convention and to provide a copy of these provisions. It also requests the Government to continue to provide information on any national laws, regulations and technical standards adopted, with a view to the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration.

Article 5(4). Right to accompany labour inspectors. As regards the application of this provision, the Committee notes that the Government refers to section 365 of the Labour Code which provides for the collaboration of the Federal Labour Inspection Services with employers’ and workers’ associations. It also notes that under section 370 of the same Code, trade unions and their associations can establish legal and technical labour inspections. The Committee notes that these provisions do not address the specific issues regulated in Article 5(4). The Committee again requests the Government to provide further information on the measures taken in law and practice to give effect to Article 5(4) of the Convention which provides that the representatives of the employer and of the workers of the undertaking have the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of the Convention.

Article 6(2). Cooperation between two or more employers at one workplace. Further to its previous comment in which it noted that the cooperation envisaged in this Article of the Convention is not regulated in law, the Committee takes note of the Government’s indication that in the relevant circumstances, the competent authority prescribes general procedures for collaboration. Recalling the importance of such a cooperation between employers so as to maintain an adequate level of occupational safety and health at the workplace, the Committee requests the Government to describe in detail the measures taken, in law and in practice, including the prescribed general procedures, to give effect to this Article.

Article 8. Criteria for determining hazards of exposure to air pollution, noise and vibration and exposure limits. The Committee notes the Government’s indication that criteria for determining hazards of exposure to air pollution, noise and vibration in the working environment are set out in various regulatory acts on occupational safety and health, which are revised on the basis of the latest academic knowledge, and that exposure limits are established due regard being had to the opinion of leading experts in the field. It further takes note of the Government Decision of 2003 fixing the upper limits of concentrations of hazardous airborne substances at the workplace, annexed to the Government’s report. The Committee requests the Government to give particulars of the criteria established for determining the hazards of exposure to noise and vibration and of the exposure limits specified for these hazards. It also 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 effect given to Article 12 of the Convention on the notification to the competent authority of processes, substances, machinery and equipment which involve exposure to air pollution, noise and vibration. The Committee requests the Government to continue to provide information in relation to any developments in this regard.

Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied 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.

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

Article 4 of the Convention. Periodic review of a coherent national policy on occupational safety and health. Article 7. Review of the situation regarding occupational safety and health. The Committee notes the Government’s indication that, in order to apply the national occupational safety policy at the federal level, a General Agreement is signed every three years between all-Russian trade union associations, all-Russian employers’ associations and the Government. The 2014–16 General Agreement covers the implementation of numerous occupational safety measures and its implementation is carried out through a government action plan. It also notes that pursuant to this action plan, every year, a state report on the implementation of the national policy on occupational safety is submitted by the Ministry of Labour and Social Protection to the Government. The Committee requests the Government to provide relevant excerpts or a summary of the most recent General Agreement. It also requests the Government to provide further information on the mechanisms and processes used to periodically review the situation regarding occupational safety and health in the country, including through the review of the General Agreement and its plan of action, and to give examples of modifications to the national policy adopted as a result of the review processes.

Article 11(a) and (e). Obligation of the competent authority to ensure the progressive carrying out of certain functions. The Committee notes the information provided by the Government in its report in reply to its previous comments regarding the effect given to Article 11(a) of the Convention on the determination of conditions governing the design, construction and layout of undertakings, their operations, and the safety of technical equipment used at work, and Article 11(e) on the publication of information on measures taken to implement the national policy on occupational safety and health and on occupational accidents and diseases. The Committee requests the Government to continue to provide information regarding the application in practice of these Articles and any other developments in this regard.

Article 11(b) and (f). Progressive extension of the national OSH policy. The Committee notes, as regards Article 11(b) on substances subject to authorization and control, that the Government refers to technical regulations, occupational safety and health rules and standards established to cover the prevention or limitation of contact with work processes, materials and substances, but that it does not indicate the specific provisions giving effect to this provision of the Convention. Concerning the application of Article 11(f) on knowledge and risk assessment, the Government indicates that an analysis of the impact on health of substances used in work processes is currently being conducted with the aim of preventing harmful effects and amending current regulations. The Committee requests the Government to specify the provisions relating to the determination of the work processes, substances and agents the exposure to which shall be prohibited, limited or made subject to authorization or control by the competent authority (Article 11(b)); and give further information on the system(s) established to examine chemical, physical and biological agents in respect of the risk to the health of workers and to indicate which specialized body(-ies) or institution(s) conduct(s) this examination (Article 11(f)).

Article 12(b) and (c). Responsibilities of designers, manufacturers, importers, etc. The Committee notes that the Government refers to safety requirements concerning, inter alia, machinery, equipment, substances and material, under section 215 of the Labour Code and technical regulations. It also notes the Government’s indications that pursuant to section 3 of Federal Act No. 184-FZ of 2002 on Technical Regulations, technical regulations are drafted having due regard to the level of scientific and technical development and that under Federal Act No. 52-FZ of 1999 on health and disease control, drafting of health regulations must include research to identify and assess the impact of factors of the environment on public health and analysis of international experience of health and disease control standards. However, the Government does not indicate the specific provisions concerning the responsibilities of designers, manufacturers, importers, etc., laid down in Article 12(b) and (c) of the Convention. The Committee therefore requests the Government to provide information on the measures taken 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 14. Inclusion of questions regarding occupational safety and health at all levels of education and training. Further to its previous comment, the Committee takes note of the Government’s indication regarding the education and training of occupational safety specialists. The Committee requests the Government to continue to provide information on measures taken to promote the inclusion of questions of occupational safety and health and the working environment at all levels of education and training, including higher technical, medical and professional education.

Article 17. Collaboration between two or more undertakings engaged in activities simultaneously at the same workplace. Further to its previous comment in which it noted that the national legislation does not regulate the collaboration between two employers undertaking activities simultaneously at the same workplace, the Committee notes from the Government’s report that no progress has been made towards the adoption of measures which would give full effect to Article 17 of the Convention. It further notes the Government’s indication that each employer is responsible for compliance with the relevant provisions of the national legislation. Referring to paragraph 174 of its 2009 General Survey on occupational safety and health, the Committee recalls that maintaining an adequate level of safety and health at worksites involving several contractors requires the establishment of effective mechanisms for collaboration, coordination and communication, as well as the definition of the respective duties and responsibilities of each of the actors on the site. Therefore, the Committee 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.

Article 20. Cooperation between employers and workers. The Committee notes the Government’s indication that, pursuant to section 218 of the Labour Code, labour protection committees, which comprise an equal number of representatives of the employer and of the branch trade union committee or another representative body for the workers, may be set up at the initiative of the employer, the workers or their representatives. Such committees are tasked with organizing joint actions between the employer and the workers to ensure compliance with labour protection standards, prevent occupational accidents and diseases, conduct inspection visits and make proposals in the framework of collective bargaining. It also notes that the standard procedures regulating these committees have been approved by Order No. 412n of 24 June 2014. The Committee requests the Government to give full particulars of the establishment, functioning and tasks of labour protection committees and to supply a copy of the relevant provisions of the national legislation, including Order No. 412n of 2014.

Application in practice. The Committee takes note of the detailed information provided by the Government regarding labour inspection activities carried out in 2013. It notes in particular that 131,609 inspection visits were conducted, of which 57,505 focused on occupational safety; 404,349 violations of the occupational safety legislation were identified, leading to the imposition of 59,872 fines and the issuance of 128,430 stop orders by occupational safety inspectors. The Committee also notes that 9,214 of the 10,552 cases that were sent to public prosecution for examination dealt with occupational accidents. In 2013, 12,538 accidents were recorded, of which 6,230 were serious (6,875 in 2012) and 4,825 were fatal (5,211 in 2012). The Committee also takes note of the comprehensive table on the proportion of workers employed in hazardous conditions in 2012, broken down by factor, type of activity and gender. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including on the number of workers covered by the relevant legislation, labour inspection activities, the number, nature and cause of work-related accidents and cases of occupational disease and measures to address such causes. Please provide these statistics disaggregated by sector.

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

The Committee notes the information provided by the Government in its report in reply to its previous comment regarding the effect given to Article 11 of the Convention on the prohibition of the use of crocidolite.

Articles 3 and 4. Adoption and periodic review of laws and regulations on asbestos. Consultations with the most representative organizations of workers and employers. The Committee notes the Government’s indication that effect is given to the provisions of the Convention by the following laws and regulations: the Labour Code; Federal Act No. 52-FZ of 1999 on Health and Disease Control; Federal Act No. 7-FZ of 2002 on Environmental Protection; Federal Act No. 323 FZ of 2011 on the Protection of the Health of Citizens in the Russian Federation; Regulation POT RM-010-2000 on Occupational safety in work involving exposure to asbestos; Health Regulation SanPiN 2.2.3.2887-11 on the manufacture and use of chrysotile and material containing chrysotile; Technical Regulation GOST 12871-93 on chrysotile asbestos; Standard Procedure TI-001-055-2002 on occupational safety of workers employed in asbestos mining activities; and Standard Procedure TI-056-138-2002 on occupational safety of workers employed in asbestos processing activities. It also notes that these texts were adopted after consultation with the Tripartite Regulatory Commission on Social and Labour Relations. Furthermore, the Committee notes the adoption of Government Decree No. 79-r of 2013 on the State Policy to eliminate diseases connected to exposure to asbestos dust. The Committee requests the Government to indicate the specific provisions of the abovementioned texts which give effect to the provisions of the Convention and to provide information on their content. It also requests the Government to describe the measures taken in the framework of the State Policy to eliminate diseases connected to exposure to asbestos dust and their impact. Furthermore, the Committee requests the Government to give particulars of the outcome of the consultations held with the Tripartite Regulatory Commission on Social and Labour Relations and of the manner in which technical progress and advances in scientific knowledge are taken into consideration in the periodic review of these laws and regulations.

Article 5. Labour inspection. The Committee notes the general information provided by the Government in relation to its labour inspection system. The Committee also refers the Government to its comments adopted in 2013 concerning the application of the Labour Inspection Convention, 1947 (No. 81). Furthermore, in order for the Committee to gain an appreciation of the effectiveness of the system of inspection in relation to the obligations in this Convention, the Committee requests the Governing to provide specific information, including statistics and, where relevant, copies of inspection reports relating to asbestos in workplaces.

Article 6(2). Cooperation between two or more employers at one workplace. Further to its previous comment in which it noted that the cooperation between employers undertaking activities simultaneously at one workplace is not regulated in law, the Committee takes note of the Government’s indication that employers have all the same responsibility for compliance with safety and health measures. The Committee wishes to emphasize again that the cooperation envisaged in Article 6(2) of the Convention is a key component in maintaining an adequate level of safety and health at worksites and that such cooperation must be enshrined in law and governed by procedures where necessary. With reference also 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 he employs, 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. In reply to the Committee’s previous comment, the Government indicates that Regulation POT RM-010-2000 on Occupational safety in work involving exposure to asbestos and Health Regulation SanPiN 2.2.3.2887 11 on the manufacture and use of chrysotile and material containing chrysotile prescribe the application of appropriate protective measures and work methods and processes, including workplace hygiene. The Committee requests the Government to provide detailed information on any engineering controls and work practices prescribed in Regulation POT RM-010-2000 and Health Regulation SanPiN 2.2.3.2887-11 as well as on any 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 as required by this Article of the Convention. It also requests the Government to supply a copy of the relevant provisions of the abovementioned texts.

Article 10. Replacement of asbestos and total or partial prohibition of the use of asbestos. In the absence of specific information in response to its previous comment, the Committee requests the Government to provide information on any laws or regulations prescribing measures to:

• – replace asbestos or certain 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)); and
• – totally or partially prohibit the use of asbestos or of certain types of asbestos or products containing asbestos in certain work processes (Article 10(b)).

Article 12. Prohibition of the spraying of all forms of asbestos. The Committee notes that the information provided by the Government in reply to its previous comment does not address the specific issue regulated in this provision. Therefore, 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.

Application in practice. The Committee notes the information provided by the Government regarding inspection visits carried out and the number of violations of the safety and health legislation identified in enterprises using asbestos, for the period 2010–13. It also notes the annexes to the Government’s report which contain information on the number of workers exposed to chrysotile, broken down by enterprise, for the period 2000–08, and the number of occupational diseases reported by enterprises, broken down by cause, for the period 2000–13. The Committee requests the Government to continue to provide 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.

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

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

Article 5 of the Convention. System for the identification of major hazard installations. The Committee notes that pursuant to section 5.2.2.5 of Decree No. 401 of 30 July 2004, the Federal Supervisory Body for Industrial Safety (hereinafter “Rostekhnadzor”) is entrusted with the keeping of the State Register which contains information on registered hazardous installations, their characteristics, hazard classification and the companies operating them. It also notes that major hazard installations registered therein are classified into four groups based on occupational risks and exposure thresholds, as detailed in Annexes 1 and 2 and Tables 1 and 2 of Federal Act No. 116. The Committee requests the Government to indicate the manner in which the most representative organizations of employers and workers, and other interested parties who may be affected, were consulted prior to the establishment of the State Register, as prescribed by this Article of the Convention. It also requests the Government to describe the measures taken to ensure the regular review and updating of the State Register, in consultation with the social partners.

Article 7. Identification of hazardous installations. The Committee notes that the Government’s report contains no information on the application of this Article of the Convention. It therefore requests the Government to provide information on the measures taken to ensure that employers fulfil their obligation to identify major hazard installations within their control on the basis of the State Register, as required by the Convention.

Article 8. Notification of any hazardous installation. The Committee notes the Government’s indication that, under Federal Act No. 116, to register the hazardous facilities of an operating company, information on the characteristics of each facility should be submitted in the prescribed way no later than ten working days after the facility enters into operation. Furthermore, facilities entering into operation are to be registered in the State Register no later than 30 days from the moment they enter into operation. The Government adds that there is no fixed time-frame for the notification prior to the permanent closure of a major hazard installation. The Committee requests the Government to take steps to ensure that employers have an obligation to notify the competent authority of any major hazard installation which they have identified within a fixed time-frame for an existing installation (Article 8(1)(a)); before a new installation is put into operation (Article 8(1)(b)); and before any permanent closure of a major hazard installation (Article 8(2)), and to provide information in its next report in relation to these issues.

Article 9. Establishment of a documented system of major hazard control. The Committee notes that pursuant to sections 8, 9(1), 10(1) and 11 of Federal Act No. 116, employers are required to set up an accident prevention and response system, which includes the following measures: identification of potential sources and potential scenarios of accident, inspection and safety testing of installations and machinery, provision of training in emergency procedures to workers, provision of rescue services and planning of measures to limit the consequences of an accident. The Committee recalls that Article 9 of the Convention provides for the adoption of a wide range of measures, including technical and organizational measures, with a view to maintaining a documented system of major hazard control in each hazardous installation, and prescribes that workers and their representatives in the undertaking must be consulted. 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:

• (a) technical measures for the design and operation of the installation, the development of safety systems and the choice of chemicals;
• (b) organizational measures for the instruction of personnel, the provision of protective equipment, the organization of operations (hours of work, staffing levels, definition of responsibilities) and controls on outside contractors and temporary workers on the worksite;
• (c) 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;
• (d) periodic testing and evaluation of site emergency plans; and
• (e) consultation with workers and their representatives.

Article 13. Accident reporting to the competent authority. The Committee notes the Government’s indication that in the event of an accident, employers shall inform authorities within 24 hours. The Committee wishes to recall that under the terms of Article 13 of the Convention, this information must be communicated as soon as a major accident occurs so as to allow the competent authorities to take the necessary emergency and remedial actions. The Committee requests the Government to take the necessary steps to ensure that employers have a duty to inform without delay the competent authorities of the occurrence of an accident.

Article 15. Off-site preparation of emergency plans and procedures for the protection of the public and the environment. The Committee notes that Federal Act No. 68-FZ of 21 December 1994 on the Procedure for the collection and exchange of information in the Russian Federation to protect the population and regions from natural and man-made emergencies establishes the Unified State System for the Prevention of and Response to Emergencies which provides for the elaboration of emergency preparedness plans. However, the Committee notes that the Government’s report contains no information on measures taken for the periodic review of these plans and their coordination with the relevant authorities and bodies. Therefore, the Committee requests the Government to provide detailed information on measures taken in practice to periodically review the plans elaborated under the Unified State System for the Prevention of and Response to Emergencies, including the manner in which the information provided by employers is taken into account, and to specify the procedures established for the coordination with the relevant authorities.

Article 16. Dissemination of information on the safety measures to be taken in the event of a major accident. The Committee notes that under Federal Act No. 68-FZ, citizens have a right to be informed of the risks to which they may be exposed and of the measures prescribed for their safety. The Committee also notes that under section 20 of this Act, training of the population is provided at all levels of the educational system, in the course of vocational training and at the workplace. The Committee requests the Government to provide information on measures taken to ensure that the competent authority give warning as soon as possible in the case of a major accident (Article 16(b)) and 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)). The Committee also requests the Government to give particulars of the content of the information disseminated to the public and of procedures to update and redisseminate such information at appropriate intervals.

Article 17. Siting of major hazard installations. The Committee notes the Government’s reference to the Urban Development Code which would contain the main provisions on the siting of major hazard installations. The Government adds that public audiences are held for citizens to express their opinion on the granting of construction permits. Noting that the Government’s report contains no further information on the siting of major hazard installations, the Committee requests the Government to provide detailed information on measures taken by the competent authority 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, as called for by this Article of the Convention.

Article 18. Inspection. Qualifications, training and skills. Possibility for employers and workers to accompany the inspectors. The Committee notes that supervision in the field of industrial safety is entrusted to Rostekhnadzor. It also notes that according to the Government, employers’ and workers’ representatives have a right to accompany inspectors during their visits and to participate in the investigation commission set up after an industrial accident. The Committee requests the Government to specify the legal or regulatory provisions under which employers’ and workers’ representatives have a right to accompany inspectors in their visits. It also requests the Government to provide detailed information regarding the qualification and training of Rostekhnadzor inspectors and the technical and professional support made available to them.

Article 19. Right to suspend any operation. The Committee notes that while the Government’s reference to sections 9.1 to 9.21 of the Code of Administrative Offences, none of these sections seem to give effect to this Article of the Convention. The Committee requests the Government to specify the legal or regulatory provisions under which the competent authority has a right to suspend any operation which poses an imminent threat of a major accident, as required by Article 19 of the Convention.

Article 20. Rights of workers and their representatives. The Committee notes that pursuant to section 9(1) of Federal Act No. 116, employers must provide training in industrial safety and emergency procedures to their workers. Section 9(2) provides that in case of an accident or incident, workers must immediately inform their direct supervisor, interrupt operations and participate in the implementation of corrective measures. The Committee however notes that no information is provided on the measures taken to give effect to Article 20(a), (b), (c) and (f) of the Convention. Therefore, the Committee requests the Government to indicate the legislative and practical measures taken to ensure that workers and their representatives:

• – are adequately and suitably informed of the hazards associated with the major hazard installation and their likely consequences (Article 20(a));
• – are informed of any orders, instructions or recommendations made by the competent authority (Article 20(b));
• – are consulted in the preparation of, and have access to the industrial safety declaration, emergency plans and procedures and accident reports (Article 20(c));
• – 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)).

Furthermore, the Committee requests the Government to provide information on any measures taken regarding the frequency with which workers must be instructed and trained (Article 20(d)) and on any measures guaranteeing that workers acting within the meaning of Article 20(e) are not placed at a disadvantage.

Article 22. Responsibility of exporting States. The Committee notes 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. Noting the absence of information on this point in the Government’s report, the Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in practice, including information on the number of workers covered by the relevant legislation, on the monitoring activities carried out Rostekhnadzor (number of visits conducted, number and nature of infractions identified and sanctions imposed) and any other indication useful for an understanding of the application of the Convention in practice.

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

The Committee notes the information provided by the Government in its report under the Occupational Safety and Health Convention, 1981 (No. 155), on the collection, analysis and publication of data on occupational injuries and diseases which gives effect to Article 4(3)(f) of the Convention. The Committee requests the Government to continue to provide information on any developments in this regard.

Legislation. The Committee notes from the Government’s report that it is currently preparing a draft Occupational Safety and Health Act, due to be adopted by the end of 2015. It also notes that efforts are being made to review and update occupational safety and health (OSH) regulations. The Committee requests the Government to continue to provide information on progress achieved in adopting OSH legislation and reviewing OSH regulations and to forward a copy of the new legislation once adopted.

Article 3(1). Promoting a safe and healthy working environment by formulating a national policy. The Committee requests the Government to refer to its comments under Articles 4 and 7 of Convention No. 155.

Article 3(3). Measures taken to promote basic OSH principles and to develop a national preventative safety and health culture. With reference to its previous comment regarding measures taken to promote basic OSH principles, the Committee notes from the Government’s report under Convention No. 155 that Federal Act No. 426-FZ of 2013 on the Special Assessment of Working Conditions establishes a new procedure by which employers are invited by means of economic incentives to self-assess working conditions in the workplace, with a view to improving occupational safety. Furthermore, the Committee notes the several initiatives launched by the Government to draw attention to occupational safety issues, including sharing best practices and major achievements in occupational safety among constituent entities of the Russian Federation, issuing recommendations, releasing manuals, technical guides and booklets and organizing awareness-raising campaigns, seminars, exhibitions and activities involving educational institutions. The Committee requests the Government to provide further details on the procedure established for the special assessment of working conditions and on the economic incentives provided and to indicate how this procedure contributes to the promotion of basic OSH principles such as assessing and combating occupational risks and hazards at source. It also requests the Government to continue to provide information on actions taken to develop a national preventative safety and health culture.

Article 4(1). Periodic review of the national system for OSH, in consultation with the most representative organizations of employers and workers. The Committee notes that, in reply to its previous comment, the Government indicates that laws and regulations regarding OSH are reviewed after consideration by the Russian Tripartite Regulatory Commission on Social and Labour Relations, as provided by Government Resolution No. 1160 of 2010. The Committee wishes to stress that under Article 4 of the Convention, the national system for OSH shall be comprised of a number of components, which include but are not limited to the elaboration of laws and regulations, and that the periodic review prescribed by this Article should allow for the comprehensive examination of all aspects covered by the national system for OSH so as to identify areas that need further improvement. Therefore, the Committee requests the Government to provide information on the methodology used for the periodic review of all aspects of the national system for OSH with a view to ensuring that such a review informs and contributes to generating the continued and progressive improvement of occupational safety and health in the country, and to indicate the manner in which the most representative organizations of employers and workers are associated in this process.

Article 4(2)(c). Mechanisms for ensuring compliance with national laws and regulations, including systems of inspection. The Committee that, in reply to its previous request concerning the workplace certification system, the Government indicates in its report that this system has been replaced in 2014 by a self assessment procedure by which employers declare free-of-charge that working conditions in the workplace comply with OSH standards. It adds that controls of workplaces are also carried out. With reference to its comment under Article 3(3), the Committee also notes that this new procedure was adopted to provide an economic incentive for employers with a view to improving working conditions in the workplace. The Committee requests the Government to provide clarification on the successive stages of the self-assessment procedure, including detailed information on the requirements and content of the self assessment declaration, economic incentives provided, the control on these assessments by the supervisory authorities, including the sanctions and penalties imposed in case of non-compliance with OSH standards. It also requests the Government to provide information on the application in practice of this procedure. In addition, it requests the Government to provide clarification on the mechanisms for ensuring compliance with national laws and regulations that are applicable to enterprises employing less than 50 workers.

Article 4(2)(d). Arrangements to promote, at the level of the undertaking, cooperation between management, workers and their representatives. The Committee notes the Government’s reference to section 218 of the Labour Code, under which labour protection committees may be set up at the level of the undertaking. Referring to its comment under Article 20 of Convention No. 155, the Committee requests the Government to give full particulars of the establishment, functioning and tasks of labour protection committees.

Article 4(3)(b) and (c). Information and advisory services and provision of OSH training. The Committee notes from the Government’s report that information and advice are provided to employers and workers at all relevant levels through tripartite regulatory commissions on social and labour relations and the Federal Labour and Employment Service (Rostrud). It also notes the information provided by the Government concerning the training of occupational safety specialists. The Committee requests the Government to continue to provide information on measures taken within the framework of the national system on OSH to develop information and advisory services on OSH, including on the activities carried out by the tripartite regulatory commissions on social and labour relations and Rostrud. With regard to measures taken to provide OSH training, the Committee requests the Government to refer to its comment under Article 14 of Convention No. 155.

Article 4(3)(h). 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 concerning the possibility for an employer to decide to establish an occupational safety service or to appoint an occupational safety expert in undertakings employing less than 50 workers, and the increase of the number of occupational safety experts appointed. The Committee requests the Government to provide further details on the functions carried out by occupational safety services and experts, in particular in undertakings employing less than 50 workers and to supply information on any other measures, taken or envisaged, to progressively improve OSH conditions in micro-enterprises, SMEs and in the informal economy.

Article 5(1) and 5(2)(c). Formulation, implementation and review of a national programme. The Committee notes that as regards the application of Article 5, the Government refers to the General Agreement, various specific state programmes and regional programmes. Referring also to its comments as regards the national policy, the Committee requests the Government to provide further information on the measures taken to ensure that these programmes are periodically reviewed on the basis of an analysis of the national OSH situation, including the national system for OSH.

Article 5(2)(a). Promoting the development of a national preventative safety and health culture. Further to its previous comment in which it noted that regional OSH programmes were implemented on the basis of the 2011 model programme adopted at the national level for improving working conditions and OSH, the Committee notes the Government’s indication that measures taken under these programmes include the adoption of OSH laws and regulations, the provision of expert advice and the organization of awareness-raising and training activities for undertakings, and in some constituent entities, assistance in the development of OSH management systems at the level of the enterprise. It also notes the Government’s reference to the State Programme for Employment Assistance, approved in 2014, which provides for a set of measures aimed at encouraging employers to improve working conditions. The Committee requests the Government to continue to provide information on the development and implementation of national and regional programmes aimed at improving working conditions and OSH, including information on the impact of these programmes in reducing hazardous work and in promoting the development of a preventative safety and health culture.

Article 5(2)(d). Objectives, targets and indicators of progress. In its report, the Government indicates that measures under the General Agreement and the Government Action Plan include the definition of performance indicators, namely the number of workstations identified as harmful or hazardous and the number of workstations for which working conditions have improved, and that progress in their implementation is monitored by the Russian Tripartite Commission on Social and Labour Relations which also approves a list of Measures of High Priority every six months. Furthermore, the Government indicates that at the level of constituent entities, regional OSH programmes generally include the following indicators: number of accidents resulting in lost time of at least one day, number of fatalities and proportion of workers employed in conditions which do not meet OSH standards. The Committee requests the Government to continue to provide information on objectives, targets and indicators provided in national and regional programmes on OSH, including on the elaboration of the list of Measures of High Priority, on the manner in which progress in their implementation is monitored and on results achieved.

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

Article 3 of the Convention. Laws and regulations prescribing measures for the prevention of health hazards due to occupational exposure to asbestos, for the protection of workers, and their periodical review. The Committee notes from the Government’s report the indication of the titles of national acts, subsidiary enactments and other regulatory instruments, which, according to the Government, contain and enforce the provisions of the Convention. It however notes that these texts have not yet been made available to the Committee. Therefore, the Committee once again requests the Government to provide, either in hard copies, on a CD-ROM, or by submitting information on publicly available non-paying websites where these texts can be accessed, copies of the legislation referenced in its report. It particularly requests the Government to provide the text of the provisions prescribing the measures to be taken for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos, if possible, in one of the ILO’s working language.

Article 5(1) and (2). Adequate and appropriate system of inspection and effective enforcement of the Convention. The Committee notes that, according to the Government, citizens’ work-related rights, including the right to safe working conditions, are protected through the federal inspectorate of labour, which supervises and monitors compliance with national legislation on labour and occupational safety in accordance with the Labour Code (articles 227–231 and 353–369), the Code of Administrative Offences (article 5.27) and the Criminal Code (article 143). The Government also indicates that, pursuant to Government Decision No. 30 of 19 January 2005, the federal inspectorate of labour acts in cooperation with other federal supervisory and monitoring bodies. Noting that the Government ratified the Labour Inspection Convention, 1947 (No. 81), the Committee invites the Government to provide relevant information on the matters raised in its comments under Convention No. 81 in so far as they also concern the present Convention. It also requests the Government to provide further information on the effect given, in law and in practice, to Article 5(1) and (2) of the Convention, as regards in particular, the enforcement of laws and regulations adopted pursuant to Article 3 of this Convention.

Article 6(2). Cooperation between two or more employers at one workplace. The Committee notes the information that responsibility for infringements of labour legislation and other legal or regulatory instruments containing labour law standards lies with the employer. The Government once again indicates that where more than one employer is acting jointly within a single area of work, they share responsibility for compliance with labour protection requirements under articles 3, 4, 11, 13, 21, 22, 212, 213, 215 and 219–231 of the Labour Code, article 5.27 of the Code of Administrative Offences and article 143 of the Criminal Code. The Government further indicates that in cooperation with the occupational safety and health services, employers must prepare and keep in the enterprises emergency response plans specifying the operations to be performed by the personnel in order to avoid or respond to emergencies (articles 212 and 362 of the Labour Code). Noting that the legislation referred to by the Government does not specifically regulate the cooperation required between two or more employers present at the same workplace pursuant to Article 6(2), the Committee once again requests the Government to indicate the specific provisions of national legislation giving effect to Article 6 of the Convention, and to describe the procedures prescribed in pursuance of paragraph 2 of this Article.

Articles 9–12. Technical measures envisaged by national laws or regulations. The Committee notes that, according to the Government, the provisions of Articles 9–12 are contained and developed in labour protection standards (POT) RM-010-2000 on inter-industry labour-protection norms for the production of asbestos and materials or articles containing asbestos; and sanitary norms and regulations (SanPiN) 2.2.3.757-99 on work with asbestos and materials containing asbestos. It however notes that the Government does not provide the texts of the legislation. The Committee therefore requests the Government to provide the specific provisions of the POT RM-010-2000 and the SanPiN 2.2.3.757-99, which give effect to Articles 9–12 of the Convention, if possible, in one of the ILO’s official working languages.

Part V of the report form. Application in practice. The Committee notes that the information provided by the Government does not enable it to fully appreciate the application in practice of the Convention. The Committee therefore once again requests the Government to give a general appreciation of the manner in which this Convention is applied in the country and attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, segregated by gender if possible, the number and nature of the contraventions reported, the number of occupational diseases reported as being caused by asbestos etc.

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 2013, published 103rd ILC session (2014)

The Committee notes the information provided by the Government in its detailed first report on the application of the Convention.

Article 3(1) of the Convention. Promoting a safe and healthy working environment by formulating a national policy. The Committee notes that in its report, the Government refers to a Plan of Measures, endorsed by Government Order No. 2331-r of 22 December 2011, which implements the General Agreement concluded by the all-Russian trade union federations, the all-Russian employers’ associations and the Government for the 2011–13 period. The Committee also notes the Government’s indication that this General Agreement provides for a range of measures relating to safety and health in the workplace. The Committee requests the Government to supply a copy of the General Agreement 2011–13 and a copy of the Plan of Measures, in one of the working languages of the ILO if possible.

Article 3(3). Measures taken to promote the basic principles and to develop a national preventative safety and health culture. The Committee notes the Government’s indication that the requirement to develop a national culture of safety and health at work is met by the requirements of the Russian Federation law, but that no further details are provided. The Committee asks the Government to provide further information on the measures taken for developing a national preventative safety and health culture and for the promotion of basic principles such as assessing occupational risks and hazards and combating these risks and hazards at the source. The Committee also asks the Government to detail the outcome of the consultations with employer and worker organizations, and the extent to which these consultations contributed to the formulation of the national policy.

Articles 4(1) and 5(1). Establishment, maintenance, progressive development and periodical review of the national system on occupational safety and health (OSH). Formulation, implementation, monitoring, evaluation and periodical review of a national programme on OSH, in consultation with the most representative organizations of employers and workers. The Committee notes the information regarding the national OSH system and the national programme in the country, but that no detailed information is provided on the procedures and mechanisms to periodically review the OSH system and national programme. The Committee requests the Government to provide further details on the review procedure of the national OSH system and of the national programme, particularly with regard to the evaluation of the system and programme and the determination of improvements to be made. The Committee also asks the Government to detail the level of participation of employer and worker organizations in the review process.

Article 4(2)(c). Mechanisms for ensuring compliance with national laws and regulations, including systems of inspection. The Committee understands that the system of State monitoring and supervision of compliance with OSH normative instruments includes the Office of the Prosecutor-General, the Federal labour and employment service and its territorial branches and the Federal service for monitoring consumer rights and citizen welfare and its territorial branches. It also includes, under article 217 of the Labour Code, organizations and bodies of the safety and health service responsible for ensuring compliance with rules for safety and health at work and monitoring such compliance, as regards employers employing over 50 workers. The Committee further notes that under article 212 of the Labour Code, employers are bound to ensure that their workplaces are certified for working conditions. The Committee requests the Government to provide information on the process used to monitor and supervise workplace compliance with OSH requirements, for enterprises employing less than 50 workers. The Committee also requests the Government to provide further information on the certification system for workplaces, namely regarding the certifying entity and any monitoring it is subjected to, the type of certification granted, the requirements to be met to obtain the certification and any process to review a workplace’s certification.

Article 4(2)(d). Arrangements to promote, at the level of the undertaking, cooperation between management, workers and their representatives. The Committee notes that under article 218 of the Labour Code, safety and health committees, which are composed of an equal number of representatives of the employer and of the branch trade union committee or another representative body for the workers, may be set up at the initiative of the employer and/or the workers and that these committees organize joint actions by the employer and workers in order to meet safety and health requirements, and inspect working, health and safety conditions in the workplace. The Committee requests the Government to provide any available information on the workings of such OSH committees, how frequently they are used and how they contribute to the implementation of relevant OSH requirements in practice.

Article 4(3)(b) and (c). Information and advisory services and provision of OSH training. The Committee notes that article 219 of the Labour Code provides that every worker has the right to receive reliable information from his/her employer about conditions and OSH at work, any existing risk of harm to health and about protective measures against the effects of harmful and/or dangerous features of production, while article 212 requires employers to provide workers with this information. With regard to OSH training, the Committee notes the Government’s indication that all workers must undergo training and that the State provides training for specialists at middle and higher-level vocational education establishments. The Committee also notes that in accordance with article 219 of the Labour Code, every worker has the right to be instructed in safe methods and procedures for work by his/her employer, who is required to do so under article 212. The Committee requests the Government to provide further details on the requirement for employers to continuously inform and train their workers on OSH.

Article 4(3)(f). Mechanism for the collection and analysis of data on occupational injuries and diseases, taking into account relevant ILO instruments. The Committee notes the information provided by the Government regarding the collection and analysis of data, but notes that no details are provided regarding the publication of this statistical information. The Committee requests the Government to provide information on the publication of statistical information on working conditions, industrial injuries, occupational illnesses and their material consequences.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee notes that the Government’s report provides no information on the application of this Article of the Convention. The Committee requests the Government to provide information on measures taken for a progressive improvement of OSH conditions in micro-enterprises, in SMEs and in the informal economy.

Article 5(2)(a). Promoting the development of a national preventative safety and health culture. The Committee notes the Government’s indication that regional programmes, based on a model programme for improving conditions and OSH approved by the Government in 2011 and including the objective to reduce the number of jobs with harmful working conditions, have been adopted in 54 subjects of the Russian Federation and are being implemented for the improvement of working conditions and OSH in workplaces. The Committee asks the Government to provide further information on these model programmes and regional programmes for improving conditions and OSH, particularly regarding the manner in which these programmes contribute to the reduction of the number of jobs with harmful working conditions, in the context of the development of a national preventative safety and health culture.

Article 5(2)(c). Formulation and review of the national programme on the basis of the national situation, including analysis of the national system for OSH. The Committee notes that the Government’s report provides no information on this Article of the Convention. The Committee asks the Government to provide information on the manner in which the national situation and the national system for OSH are analysed, as a basis for the formulation and review of the national programme, in addition to specifying the frequency of these analyses.

Article 5(2)(d). Objectives, targets and indicators of progress. The Committee notes that the General Agreement defines the specific indicators for assessing the effectiveness with which the basic tasks in safety and health are performed. The Committee also notes that the subprogramme “Developing Labour Market Institutions” lists the necessary indicators for appraising the effectiveness of measures relating to OSH. The Committee asks the Government to provide further details on objectives, targets and indicators of progress included in the national programme.

Part V of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country and to forward extracts of reports, studies and inquiries and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, etc.

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 2011, published 101st ILC session (2012)

Article 3 of the Convention. Laws and regulations prescribing measures for the prevention of health hazards due to occupational exposure to asbestos, for the protection of workers, and their periodical review. The Committee notes the clarifications by the Government indicating that the following laws are relevant for the application of the Convention:

Act No. 197-FZ 30.12.01

Labour Code

Act No. 52-FZ 30.03.99

Federal Law on Sanitary Epidemiological Well-being of the Population

Act No. 646 of 27.10.03

Hazardous industrial processes and work requiring medical examinations and preliminary medical journals, and how to carry out these examinations

POT RM-010-2000

Regulations on intersectoral occupational safety in the production of asbestos, and materials and products containing it

SanPiN 2.2.3.757-99

Health Regulations on the use of asbestos and asbestos-containing materials

GOST 12.1.005-88.SSBT

Criteria for general health and hygiene in respect of air in the work area

SanPiN 2.2.4.548-96

Hygiene requirements for the microclimate that is the work environment

GOST 27575-87

Technical criteria for clothes for general protection against pollution and mechanical hazards in the workplace

GOST 12871-93

General technical conditions for chrysotile asbestos

GN 2.2.5.1313-03

Limits of acceptable concentration of harmful substances in the air of workplaces

GN 2.2.5.2308-07

Guidance concerning permissible levels of harmful substances in the air of workplaces

GN 1.2.1841-04

Standard on hygiene, toxicology, public health. List of substances, products, industrial processes, factors of everyday life and natural factors carcinogenic to humans

SanPiN 1.2.2353-08

(no name)

MoH Dec No. 297, 28.04.05

Labour Inspection

MoH Dec No. 290, 01.06.09

Rules for the supply of workers’ special clothing, footwear and other personal protective equipment

MU 2.1.7.1185-03

Methodological guidance. Collection, transport and disposal of waste containing asbestos

GOST 12.1.016-79.SSBT

The air in the work area. Criteria to observe in the methodology used to measure the concentrations of harmful substances

SanPiN 2.2.3.1385-03

The entry into force of regulations and sanitary and epidemiological Decision No. 142 of the Federal Health authorities dated 11 June 2003

SP 1.1.1058-01

Sanitary rules on the organization of engineering control of compliance with the sanitary regulations and implementation of preventive measures

MoH Dec. No. 83, 16.08.04

List of the factors and the hazardous occupations that call for pre-employment and periodical medical examinations and the modalities for carrying out these examinations

The Committee notes that, while the Labour Code, the Federal Law on Sanitary Epidemiological Well-being of the Population and the SanPiN 2.2.3.757 99 Health Regulations on the use of asbestos and asbestos-containing materials have been available to the Committee, it has not had at its disposal the other relevant pieces of legislation. The Committee reiterates its request to the Government to make these texts available to the Committee, either in hard copies, on a CD-ROM, or by submitting information on publicly available non-paying websites where these texts can be accessed.

Article 5(1). Adequate and appropriate system of inspection. The Committee notes the information that Decree No. 30 of 2005 on model regulation on interaction between federal organs with executive power regulates the coordination and cooperation between federal organs of executive power, but that the Government’s report is silent in other respects. The Committee reiterates its request to the Government to provide, with its next report, information on the organization and functioning of each of the supervisory institutions.

Article 6(2). Cooperation between two or more employers at one workplace. The Committee notes the information that when there are two or more employers at one workplace they are equally responsible for ensuring respect for relevant laws and regulations on occupational safety and health in accordance with sections 3–4, 11, 13, 21–22, 212–213, 215, 219–231 of the Labour Code, section 5.27 of the Administrative Code, and section 143 of the Criminal Code. While the referenced legislation appears to regulate several issues relevant for the application of employers’ responsibilities according to the Convention, the Committee notes that it does not specifically regulate the cooperation required between two or more employers present at the same workplace pursuant to this provision. The Committee requests the Government to indicate measures taken, in law and in practice, to give effect to Article 6(2) of the Convention.

Articles 9–12. Technical measures envisaged by national laws or regulations. The Committee notes the specific reference made by the Government in this respect to the POT RM-010-2000 Regulations on intersectoral occupational safety in the production of asbestos, and materials and products containing it, and the SanPiN 2.2.3.757-99 Health Regulations on the use of asbestos and asbestos-containing materials. However, as these texts have not been made available to the Committee it has not been able to evaluate the effect given to the Articles of the Convention by these texts. As stated above, the Committee requests the Government to provide a copy of them so that it can examine the extent to which they give effect to the provisions of the Convention.

Part V of the report form. Application in practice. The Committee notes that the Government’s report is silent as regards the practical application of the Convention. The Committee requests the Government to give a general appreciation of the manner in which this Convention is applied in the country and attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, segregated by gender if possible, the number and nature of the contraventions reported, the number of occupational diseases reported as being caused by asbestos etc.

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

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

With reference to its previous comments, the Committee notes that the Government has not included copies of the following texts referred to in its report submitted in 2004: the inter-sectoral regulations on the labour protection in the course of painting works (POT R M-017-2001) approved by Decision No. 37 of the Ministry of Labour of the Russian Federation of 10 May 2001, and the Regulations of security of the industrial using of varnish and colour (PB 09‑567‑03) approved by Decision No. 42 of the State Technical Supervision Inspectorate of 27 May 2003. The Committee reiterates its request to the Government to supply a copy of the abovementioned texts with its next report.

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. The Committee notes that, in its response on the application of this Article, the Government has indicated that Decree No. 37 of 10 May 2001 regarding inter-sectoral regulations concerning the protection of workers carrying out painting work gives effect to this Article of the Convention. The Committee requests the Government to supply a copy of the abovementioned text with its next report, in order to enable the Committee to evaluate the application of the present Article of the Convention.

Article 3(1). Prohibition of the employment of males under 18 years of age and of all females in any painting work of an industrial character involving the use of white lead. The Committee notes the references made by the Government in its latest report to Governmental Decree No. 162 of 25 February 2000 reportedly providing for a list of hazardous work and of work carried out in hazardous and dangerous conditions prohibited for women; and Decree No. 163 of 25 February 2000 reportedly providing for a list of hazardous work and of work carried out in hazardous and dangerous conditions prohibited for persons under 18 years of age. The Committee requests the Government to supply a copy of the abovementioned texts with its next report, in order to enable the Committee to evaluate the application of the present Article of the Convention.

Article 7. Statistical information with regard to lead poisoning among working painters. The Committee notes the information that all cases of lead poisoning, including fatalities related thereto, are recorded by the Russian Health Authority (Rospotrebnadzor) as part of their monitoring of occupational accidents and diseases and that, in 2009, no case of lead poisoning had been recorded as titanium oxide is the substance presently used in white paint. The Committee requests the Government to continue to provide statistical information relevant to the application of the Convention.

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

The Committee notes with interest the Government’s detailed report concerning national legislation related to protection against radiation, permitting a better evaluation of the application of the Convention in the country. The Committee notes the detailed references to relevant laws, regulations, technical standards and other documents which allow the Committee to conclude the Convention is applied in the Russian Federation, subject to the following:

Emergency exposure situations. With reference to its previous comments, the Committee notes that the Government indicates that, in cases of emergency, exposure to “higher” doses than those fixed by law can be authorized, but only if it is indispensable in order to save lives or to limit exposure to humans. With reference to its 1992 general observation under the Convention, based on the 1994 International Basic Safety Standards, the Committee draws the Government’s attention to its paragraph 17 that the special exposure in an emergency situation “should not exceed twice the relevant annual dose limit specified for workers employed in radiation work and five times this limit over a lifetime”. The Committee requests the Government to specify the dose limits prescribed for exposure of workers in emergency situations.

Article 14 of the Convention. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. With reference to its previous comments related to this Article and to paragraph 32 of the 1992 general observation under the Convention, where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable, the Committee reiterates its request to the Government to provide additional information on how section 224 of the Labour Code is applied in practice and hopes that the alternative employment offered is suitable for the workers concerned or that the workers concerned are otherwise able to maintain their income through social security or otherwise.

Part V of the report form. Application in practice and labour inspection. The Committee notes the information provided regarding the comprehensive system for monitoring of the application of national laws and regulations by Rostekhnadzor that has been set up including, inter alia, the monitoring of the exposure of the general public to radiation (ESKID); the system for automated monitoring of the situation related to radiation in the Russian Federation (EGASKRO) and the radiological hygiene passports for enterprises using sources emitting ionizing radiation. Based on data collected in the country, including but not limited to the data collected through the abovementioned monitoring systems, the Committee reiterates its request to the Government to give a general appreciation of the manner in which the Convention is applied in the country.

Part VI of the report form. Representative organizations of employers and workers to which copies of the report have been communicated. The Committee also reiterates it request to the Government to indicate the representative organizations of employers and workers to which copies of the report have been communicated, in accordance with article 23, paragraph 2, of the Constitution of the International Labour Organization.

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 2010, published 100th ILC session (2011)

The Committee notes with interest the comprehensive information provided by the Government in its report. The Committee notes the detailed list of relevant laws and regulations, sanitary standards and regulations (SANPIN), sanitary standards (SN), hygiene standards (GN) and methodological guidelines (MU) giving effect to the provisions of the Convention. In the central legislation, Federal Act No. 52, concerning the sanitary and epidemiological well-being of the population of 30 March 1999, the Committee notes the reference to, in particular, sections 22 and 23 which lay down requirements regarding the organization and implementation of monitoring of commercial enterprises and requirements for workers in commerce with regards to the observance of the principles of the Convention. In accordance with Articles 7 to 19 of the Convention employers are required to carry out workplace monitoring on the basis of state standards and technical specifications to carry out planning, and to develop programmes and determine procedures for inspection and monitoring.

Part IV of the report form. Application in practice. The Committee notes the detailed information regarding the monitoring by the Federal Medico-Biological Agency (FMBA) which, under the terms of federal legislation, carries out functions on behalf of the State in the area of medical and sanitary care for workers in individual sectors of industry. Accordingly, the basic measures in 2008 undertaken by the FMBA covered, inter alia, workers’ conditions in relation to noise, vibration, lighting, air pollution and water. Among the 600,000 workers covered by FMBA that use IT and other office equipment, analyses of the inspection results indicate that the principal causes for complaints from office workers were technical/equipment factors; general working arrangements – in particular, the duration of uninterrupted work on screens, leading to problems with vision after 1.5 to 2 hours; and poor lighting. The Committee also notes the information that preliminary studies of the health of 3,456 office workers by regional offices of the FMBA in 2007–08 have shown that working conditions for these workers involve physical and mental stress, and monotonous tasks taking up half the working day. The most widespread health problem involves the respiratory, cardiovascular, digestive and nervous systems. The Committee requests the Government to continue to provide available statistical and other information on the practical application of the Convention, segregated by gender if available, including on measures taken and accomplishments achieved in addressing the issues raised and the methods used to monitor progress in this area.

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

The Committee notes the information provided regarding effect given to Article 11(1) and (3) of the Convention.

Non-availability of relevant laws and regulations. The Committee notes the information provided by the Government in its most recent report including a detailed reference to laws and regulations relevant for the application of this Convention, and that the Government has not included copies of the relevant legislative texts nor of the other instruments and decisions to which it refers in its report. In order to enable the Committee properly to assess the application of the provisions of the Convention in the country, the Government is required to make relevant information available to the Committee. The Committee therefore reiterates its request to the Government to make this information available to the Committee. In so doing, the Committee would appreciate it if the Government would clarify the legally binding character of each of these types of standards. The Committee notes that the relevant standards can either be submitted in hard copies, on a CD-ROM or by submitting information on publicly available non-paying websites where these texts can be accessed.

Article 4 of the Convention. Laws and regulations giving effect to the Convention. The Committee notes the reference made, inter alia, to the following texts in the Government’s two most recent reports:

Decree No. 355 of 12.11.92       The supervisory bodies of the State

Decree No 234 of 18.02.93        Regulations respecting the Federal Supervision of Russian Mines and Industry

Decree No. 675 of 1.07.95         Safety declarations in industrial workplaces in the Russian Federation

Ord. No. 599/125 of 7.08.96      Procedures for approving safety declarations for workplaces

SanPiN 2.2.4.548-96                  Sanitary regulations and standards on hygienic requirements upon microclimate of industrial premises

SanPiN 2.2.2.540.96                  Sanitary regulations and standards on hygienic requirements upon manual tools and works organization

GN 2.2.5.1827-03                      Hygienic regulations on accessible limits of harmful agents’ concentration in the air of the working area

GN 2.2.5.1314-03.                     Hygienic regulations on relatively safe levels of the harmful agents’ impact in the air of working area

GOST 12.0.004-90                     SSBT – organization of education relating to occupational safety

The Government is requested to indicate whether any and all of these texts have a continued relevance for the application of the Convention, complement the above information with relevant up-to-date instruments, as appropriate, and to make the relevant texts available to the Committee in any of the forms indicated above.

Article 5(4). Entitlement to accompany labour inspectors. With reference to its previous comment, the Committee notes that, in its most recent report, the Government refers to section 365 of the Labour Code, which provides that the labour inspectors shall collaborate with the employer and worker representatives during their missions. The Committee notes that this provision does not address the specific issues regulated in Article 5(4). The Committee requests the Government, to indicate measures taken or envisaged, in law and in practice to give effect to Article 5(4) of the Convention.

Article 6(2). Cooperation between two or more employers at one workplace. The Committee notes that the Government, in its most recent report is silent on this question, but notes that, in the context of reporting on the Application of the Asbestos Convention, 1986 (No. 162), and the Occupational Safety and Health Convention, 1981 (No. 155), the Government has indicated that this situation is not regulated in law. The Committee requests the Government to indicate measures taken or envisaged, in law and in practice, to give effect to Article 6(2) of the Convention.

Article 12. Authorizations for the use of processes, substances, machinery and equipment. With reference to its previous comments, the Committee notes that the Government in its response only refers to the provisions in section 215 of the Labour Code and is silent as regards the progress in relation to the federal Bill on the safety of technical installations with a view to regulating the design, manufacture, delivery and operation of technical equipment in accordance with safety standards for noise, vibration and environmental pollution. The Committee reiterates its request to the Government to keep the Office informed of the progress made by this federal Bill and to provide a copy of it when it is adopted.

Part IV of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which this Convention is applied in the country and attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, segregated by gender if possible, the number and nature of the contraventions reported, the number of occupational diseases reported as being caused by asbestos, etc., application of this Convention in practice.

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

Article 4 of the Convention. Periodical review of the national policy. Article 7. Review of the situation regarding occupational safety and health. With reference to its previous comment the Committee notes that in its reporting under Article 4 the Government refers, inter alia, to an annual work plan for the tripartite committee responsible for social and professional legislation which guides the yearly work on these matters. The Committee also notes that under Article 7 the Government reports on certain legislative amendments that have been introduced to take into account recent developments but does not respond to the Committee’s previous comments regarding the annual evaluation of working conditions. The Committee further notes the reference made by the Government to Decree No. 399 of 23 May 2000 which prescribes, as the Committee understands it, that by virtue of a Decree of 24 July 2000, the validity of standards in the area of occupational safety and health is limited to five years and that the validity of laws and regulations shall not exceed ten years, subject to a possible prolongation of an additional maximum of five years. While the time limits introduced in the regulatory system certainly will contribute to a regular review of relevant rules and regulations and will enable the Government to ensure that the implementation of the national policy keeps pace with socio-economic and technological changes, the Committee wishes to note that a crucial part of the review process is the assessment of past performance which should serve as a guide for future action and contribute to identifying areas for further improvements. On these matters see paragraphs 54–59 and 76–79 of its 2009 General Survey on occupational safety and health (available, inter alia, under http://www.ilo.org/ilolex/english/
surveyq.htm). This assessment of past performance is an essential element of the systems management approach which is a basic feature of Convention No. 155. Against this background the Committee asks the Government to provide further details on how it monitors progress in the area of occupational safety and health, the methods used to assess performance and the institutional mechanisms for carrying out the prescribed periodical review processes under Articles 4(1) and 7 of the Convention. The Committee requests the Government also to provide available information on any targets and indicators used in this process.

Article 4(2). Prevention of accidents and injury to health arising out of, linked with, or occurring in the course of, work as the aim of the coherent national policy on occupational safety and health. With reference to its previous comment the Committee notes that the Government did not submit a copy of the requested “List of the preventive measures for 2004 directed to cutting down the industrial injuries and workers’ professional diseases” approved by Decision of the Ministry of Labour No. 28 of 5 March 2004. The Committee would be grateful if the Government would send a copy of this document – or any updated version of the same – so that it could examine the extent to which it gives effect to this provision of the Convention.

Article 11(a), (b), (e) and (f). Progressive extension of the national policy. With reference to its previous comment the Committee notes the general reference made by the Government to existing rules and regulations covering the areas referred to in paragraphs (a), (b) and (e) of Article 11. Similarly as was stated under Articles 4(1) and 7 above, the Committee would like to emphasize the progressive nature of Article 11 and that it is particularly relevant to take into account the efforts progressively made to extend and improve the national policy and system in these areas. As is further detailed in paragraphs 125–132 of the 2009 General Survey paragraphs (a) and (b) of Article 11 cover large parts of the regulatory regime in a country. The progressive extension referred to under this Article should in fact reflect and constitute the practical implementation of the developments of the national policy referred to under Articles 4(1) and 7. In this context, the Committee would also like to highlight the importance of paragraph (d). As noted in paragraph 138 of the 2009 General Survey, a review of the results of actions taken is a critical element in verifying the coherence and developments of the system. However, in a preventive context, it is equally important to engage in a process of identification of new areas of concern and to examine existing ones which need further improvements. Article 11(d) requires countries to carry out inquiries into areas beyond established knowledge as to cause and effect relationships between the working environment and occupational accidents and diseases while limiting these requirements to serious situations. Such inquiries are intended to include not only inquiries into events related to individuals, but also inquiries with a broader scope, such as those carried out following industrial disasters and incidents or accidents which seriously threatened the lives and health of large number of workers. The Committee notes that this provision is related to the research to be carried out according to Article 11(f). In this context the Committee notes the information provided regarding ongoing research in this area. Against this background, the Committee asks the Government to indicate how the competent authority or authorities ensure that the functions reflected in Article 11(a), (b) and (e) are progressively carried out and to provide further information on the areas for research referred to by the Government in its reporting under the application of Article 11(f).

Article 12(b) and (c). Responsibilities of designers, manufacturers, importers etc. The Committee notes the brief response by the Government including reference to the general obligations of the employer under section 212 of the Labour Code. Against this background the Committee wishes again to refer the Government to the 2009 General Survey which in paragraphs 153–168 examines in some detail the background and purpose of Article 12. The development and provision of information on the correct use of machinery and equipment as well as of chemical substances and products and their hazards are a daunting task which requires close cooperation between the industry, and agencies and bodies public and private, national and international. As occupational safety and health involves a multitude of disciplines, research in this area is distributed over a very broad range of technical and scientific fields. Against this background the Committee reiterates its request to the Government to indicate specific measures taken to give effect to these provisions of the Convention, including examples of recent developments in this area.

Article 14. Including occupational safety and health at all levels of education and training. With reference to its previous comment the Committee notes the information provided that two academic OSH specialization programmes of five years each have been instituted by virtue of Decision No. 686 of 2 March 2000 and of 5 April 2000. The Committee requests the Government to provide further information on the practical implementation of these programmes. The Committee also asks the Government to provide further information on other – more broadly based – efforts to promote the inclusion of occupational safety and health at all levels of education and training.

Article 17. Cooperation between two or more employers at the one workplace. The Committee notes that the Government indicates that the situation referred to in the present Article is not regulated in law. The Committee requests the Government to indicate measures taken or envisaged, in law and in practice, to give full effect to Article 17 of the Convention.

Article 20. Cooperation between employers and workers. With reference to its previous comment, the Committee notes that the information provided does not respond to the question of the specific legislative and/or practical measures taken in the country in order to ensure workers’ and their representatives’ cooperation with the employer in the occupational safety and health area. The Committee refers the Government to paragraphs 205–214 of the 2009 General Survey for further details regarding the intended purpose of the present Article of the Convention. The Committee reiterates its request to the Government to provide information on measures taken, in law and in practice, to give full effect to Article 20 of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government also to give a general appreciation of the manner in which the Convention is applied in the country and attach extracts from inspection reports, and, where such statistics exist, information on the number of workers covered by legislation, disaggregated by gender if possible, the number and nature of the contraventions reported, the number, nature and cause of the accidents reported, etc.

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

Article 3 of the Convention. Laws and regulations prescribing measures for the prevention of health hazards due to occupational exposure to asbestos, for the protection of workers, and their periodical review. The Committee note the reference made to the following texts in the Government’s two most recent reports:

Decree No. 646 of 27.10.03	Factors and industrial processes or dangerous requiring medical examinations and preliminary medical journals, and how to carry out these examinations
Ord. No. 625, 05.07.94	Provisions related to the sanitary and epidemiological standards (as amended on 30 June 1998)
POT RM-010-2000	Regulations on inter-sectoral occupational safety in the production of asbestos, and materials and products containing it
SanPiN 2.2.3.757-99	Health regulations on the use of asbestos and asbestos containing materials
SanPiN 2.2.4.548-96	Hygiene requirements for the microclimate that is the work environment
SanPiN 2.2.3.1385-03	The entry into force of regulations and sanitary and epidemiological Decision No. 142 of the Federal Health authorities dated 11 June 2003
GN 2.2.5.1313-03	Limits of acceptable concentration of harmful substances in the air of workplaces
GN 2.2.5.1314-03	Guidance concerning permissible levels of harmful substances in the air of workplaces
GN 1.2.1841-04	Standard on hygiene, toxicology, public health. List of substances, products, industrial processes, factors of everyday life and natural factors carcinogenic to humans
GN 1.1.725-98	List of substances, products, working processes, living and natural factors, which are likely to cause cancer
GOST 12.1.005-88.SSBT	Criteria for general health and hygiene in respect of air in the work area.
GOST 27575-87	Technical criteria for clothes for general protection against pollution and mechanical hazards in the workplace
GOST 12.1.016-79.SSBT	The air in the work area. Criteria to observe in the methodology used to measure the concentrations of harmful substances
MY 2.1.7.1185-03	Methodological guidance. Collection, transport and disposal of waste containing asbestos
MoL Ord. No. 51, 18.12.98	Rules for the supply of workers, special clothing, footwear and other personal protective equipment (as amended until No. 7 of 3 February 2004)
MoL Dec. No. 65, 29.02.00	Annex: Provisions regarding Labour Inspection of the subjects of the Russian Federation. (As amended until 12 July 2002)
MoH Dec. No. 83, 16.08.04	List of the factors and the harmful and dangerous occupations that call for pre-employment and periodical medical examinations and the modalities for carrying out these examinations
SP 1.1.1058-01	Sanitary rules on the organization of engineering control of compliance with the sanitary regulations and implementation of preventive measures
R 2.2.755-99	Guidance on health criteria for evaluating and classifying the working conditions according to harmful and dangerous factors of the working environment and the difficulty of work as to regulations prescribing measures taken for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos

The Government is requested to indicate whether any, and all, of these texts have a continued relevance for the application of the Convention, complement the above information with relevant up-to-date instruments, as appropriate, and to make the relevant texts available to the Committee, in any of the forms indicated in its comment on the application by the Russian Federation of the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) this year.

Article 5(1). Adequate and appropriate system of inspection. With reference to its previous comment, the Government indicates that the Federal Labour Inspection (RosTrudInspection) cooperates with the other supervisory institutions including the State Sanitary and Epidemiological Service of the Russian Federation and the State Mining and Technical Control Service of the Russian Federation. The Government’s report does not, however, respond to the Committee’s query. The Committee reiterates its request to the Government to provide, with its next report, information of the organization and functioning of each of the supervisory institution including on the modalities for their institutional cooperation.

Article 6(2). Cooperation between two or more employers at one workplace. The Committee notes that, in its response to the Committee previous query, the Government refers to sections 362 and 212 of the Labour Code of 30 December 2001 (No. 197-FL) The Committee notes that the referenced provisions do not regulate the requirements in this provision of the Convention. The Committee requests the Government to indicate measures taken, in law and in practice, to give effect to Article 6(2) of the Convention.

Articles 9 to 12. Technical measures envisaged by national laws or regulations. As noted above, the Government refers in its reply to numerous legislative texts and other documents as giving effect to these provisions. As these texts are not available, the Committee requests the Government to make these Laws available so that the Committee can examine the extent to which they give effect to the provisions of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which this Convention is applied in the country and attach extracts from inspection reports and, where such statistics exist, the number and nature of the contraventions reported, the number of occupational diseases reported as being caused by asbestos, etc.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s reports which are mainly limited to listings of numerous pieces of legislation reportedly giving effect to the Convention. In particular, it notes the information in the report of 2004 concerning the adoption of several pieces of legislation in the period 2000‑04, which appear to be directly relevant to the application of the Convention, but which are not available to the Committee. These include, in particular Decrees of the Government of the Russian Federation: on the Approval of the Regulation on the State Accounting and Monitoring of Radioactive Substances and Radioactive Waste in the Russian Federation, No. 962 of 15 December 2000; on the Approval of the Regulation of a State Body Responsible for Nuclear and Radiation Safety during the Transportation of Nuclear Materials, Radioactive Substances and Products Derived therefrom, No. 204 of 19 March 2001; on the Approval of the Regulation on the Federal Supervision of Russia on Nuclear and Radiation Safety, No. 265 of 22 April 2002; and on the Approval of the Regulation on the Licensing of Activities involving the Use of Sources of Ionizing Radiation, No. 107 of 25 February 2004. In order to enable the Committee to make an appropriate assessment of the relevance of this legislation for the effect given to the Convention in the country, the Committee requests the Government to provide copies, with its next report, of all relevant legislative texts.

2. Emergency exposure situations. With reference to its previous comments, the Committee notes that the Government’s reports are silent as regards the Committee’s specific comments and long-standing query concerning emergency exposure situations based, inter alia, on the explanations given in paragraphs 16‑27 and 35(c) of its 1992 general observation under the Convention and in light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards. The Committee urges the Government to provide specific information on the measures taken or contemplated in relation to emergency situations, in particular with respect to measures to ensure that exceptional exposure of workers in an emergency is strictly limited in scope and duration to what is required to meet an acute danger to life and health; to preclude situations wherein workers or other volunteers may be exposed to radiation for the purpose of rescuing items of material value during emergency situations; and to ensure the necessary investments in robotized or other techniques of intervention aimed at minimizing the exposure of workers.

3. Article 14 of the Convention. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. With reference to its previous comments in this respect, and to paragraph 32 of its 1992 general observation under the Convention, where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable, the Committee notes, with interest, that section 224 of the Labour Code provides that employers are required to comply with restrictions for individual categories of employees engaged in hard work and work in hazardous labour conditions and which call for a transfer of employees to lighter work with appropriate payment, if, based on a medical finding, their state of health so requires. With reference to paragraph 32 of its 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable, the Committee requests the Government to provide additional information on how section 224 of the Labour Code is applied in practice, and hopes that the alternative employment offered is suitable for the workers concerned or that the workers concerned are able to maintain their income through social security or otherwise.

4. Part V of the report form. Application in practice and labour inspection. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee takes note of the information provided by the Government in its report. It notes the provisions of the regulations mentioned in its previous comments, namely the Inter-sectoral rules concerning occupational safety and health in retail trade (POT R M-014-2000) and the Inter-sectoral standard instructions for the retail trade employees on occupational health (TI R M-018-033-02) which give effect to the Convention with regard to the sectors in question.

2. Article 4, subparagraph (a), of the Convention. Laws and regulations maintained in force in order to ensure the General Principles set forth in Part II. The Committee notes the adoption of sanitary standards mentioned in the Government’s report, among which there are the following:

-  Hygienic requirements for air composition in industrial and public premises. SanPin 2.2.4.1294-03;

-  Hygienic requirements for natural, artificial and mixed lighting of living and public premises. SanPin 2.2.1/2.1.1.1278-03;

-  Drinking water. Hygienic requirements for the quality of water in the centralized water supply system. Quality control. SanPin 2.1.4.1074-01;

-  Hygienic requirements for the water quality in the non-centralized water supply system. Sanitary protection of the sources. SanPin 2.1.4.1175-02.

The Committee therefore requests the Government to supply a copy of the abovementioned standards (in English if such versions are available) to enable the Committee to determine the extent to which they have an impact on the application of the Convention.

3. The Committee refers to its previous comments where the Government was requested to indicate whether the respective laws and regulations adopted under the former Soviet Union still remained in force. Since the Government’s report contains no specific information, the Committee requests it, once again, to specify such laws and regulations, with regard to other sectors governed by the scope of application of the Convention.

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

The Committee takes note of the information provided by the Government in its first and subsequent reports. It requests the Government to supply clarifications and supplementary information with respect to the following points.

Article 4, paragraph 2. Prevention of accidents and injury to health arising out of, linked with, or occurring in the course of work as the aim of the coherent national policy on occupational safety and health. With reference to the Government’s report on the application of Convention No. 148, the Committee takes note of the adoption of the "List of the preventive measures for 2004 directed to cutting down the industrial injuries and workers’ professional diseases" approved by Decision of the Ministry of Labour No. 28 of 5 March 2004. The Committee would be grateful if the Government would send a copy of this document so that it could examine the extent to which it gives effect to this provision of the Convention.

Article 7. The Committee notes that the occupational safety provisions are reviewed at the federal level on the basis of annual evaluation of working conditions through the elaboration and implementation of federal and inter-sectoral in-focus programmes. The Government is requested to supply with its next report copies of collective agreements.

Article 11(a), (b) and (e). The Committee requests the Government to indicate the extent to which the competent authorities ensure that the functions enumerated under the abovementioned provisions of the Convention are carried out.

Article 12(b) and (c). The Committee requests the Government to indicate specific measures taken to give effect to these provisions of the Convention.

Article 14. The Committee notes the Government’s reference to educational programmes for vocational training and requests to supply with its next report copies of the mentioned programmes.

Article 17. The Committee requests the Government to indicate legislative or other provisions whereby undertakings engaging in activities simultaneously at one workplace are required to collaborate in applying the requirements of the Convention.

Article 20. The Committee requests the Government to indicate the specific legislative and/or practical measures in order to ensure workers’ and their representatives’ cooperation with the employer in the occupational safety and health area.

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

The Committee takes note of the Government’s report. It notes the adoption of the new Labour Code of 30 December 2001, (No. 197-FZ), as well as of the Act on the Fundamental Principles of the Labour Protection of 17 July 1999 (No. 181-FZ), which determine, among others, the state policy in the field of the occupational safety and health.

The Committee also notes the adoption of the "inter-sectoral regulations on the labour protection in the course of painting works" (POT R M-017-2001) approved by Decision No. 37 of the Ministry of Labour of the Russian Federation of 10 May 2001, and of the "regulations of security of the industrial using of varnish and colour" (PB 09-567-03) approved by Decision No. 42 of the State Technical Supervision Inspectorate of 27 May 2003. The Committee requests the Government to supply a copy of the abovementioned texts with its next report.

1. Article 3, paragraph 1 of the Convention. Prohibition of the employment of females in any painting work of an industrial character involving the use of white lead. The Committee takes note of the Government’s reference to hygienic standards (GN 2.2.5.1313-03), "accessible limits of harmful agents’ concentration of in the air of the working zone", approved by Decision of the Ministry of Health of 30 April 2003 which contains, among others, the prohibition of employing women in any painting work involving the use of white lead or other products containing these pigments. The Committee requests the Government to supply, with its next report, the provisions of the standards that give effect to this Article of the Convention.

2. The Committee notes that the Government does not reply to its following previous comments:

The Committee notes that section 7 of the Decision of the People’s Commissariat for Labour of 16 August 1929 "on manufacture, sale and use of white lead", prohibits the use of white lead in the internal painting of buildings. The Committee recalls that under Article 1, paragraph 1, of the Convention, in the internal painting of buildings, not only the use of white lead, but also the use of sulphate of lead and that of all products containing this and white lead pigments (with the exceptions that the Convention establishes), are prohibited. The Committee notes that in the legal instruments provided by the Government in its last reports there does not exist any provision concerning these two last mentioned prohibitions. Therefore, the Committee requests the Government to indicate in its next report the provisions that give effect to the aforementioned prohibitions. The Committee also recalls that under the same provision of the Convention, the Government is obligated to consult with the employers’ and workers’ organizations concerned, when establishing the cases in which the use of white lead and sulphate of lead and of all products containing these pigments will be considered necessary for the painting of railway stations or industrial establishments. The Committee notes that in the legal instruments provided by the Government in its last reports, no provision exists either, concerning this point. The Committee therefore requests the Government to indicate the provisions that give effect to the aforementioned obligation.

The Committee recalls that under Article 7 of the Convention, statistics with regard to lead poisoning among working painters, particularly on: (a) the morbidity - by notification and certification of all cases of lead poisoning; and (b) the mortality - by a method approved by the official statistical authority in the country, shall be obtained. The Committee recalls that in one of the last Government’s reports it was established that no statistical reporting of cases of lead poisoning among painters was carried out and that none of the subsequent reports has provided either information on this point or statistics with regard to it. The Committee requests the Government to inform if any measures has been taken to carry out the aforementioned statistics and to provide a copy of them, the latter in conformity with the report form.

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

The Committee takes note of the information provided by the Government in its first report concerning the application of the Convention. It notes in particular from the Government’s report that this Convention applies to all activities involving exposure of workers to asbestos during the working processes at the Russian Federation territory that gives effect to Article 1 of the Convention. It notes however that the report does not contain information required under the report form of the Convention. It therefore hopes that the next report will contain such information so that the Committee can better assess the application of the provisions of the Convention.

Article 3 of the Convention. Laws and regulations prescribing measures for the prevention of health hazards due to occupational exposure to asbestos, for the protection of workers, and their periodical review. The Committee notes the Government’s references to the sanitary regulations (SanPiN 2.2.3.757-99) on the use of asbestos and materials containing it, approved by the Ministry of Health; the inter-sectoral regulations on occupational safety in the production of asbestos, and materials and products containing it (POT RM-010-2000); the Government’s Ordinance No. 625 of 5 July 1994 to approve the provisions related to the sanitary and epidemiological standards (as amended on 30 June 1998); the accessible limits of concentration (ALC) of harmful substances in the air of working areas (GN 2.2.5.1313-03); the list of substances, products, working processes, living and natural factors, which are likely to cause cancer (GN 1.1.725-98); the sanitary rules (SP 1.1.1058-01) on the organization of engineering control of compliance with the sanitary regulations and implementation of preventive measures; the guidance (R 2.2.755-99) on health criteria for evaluating and classifying the working conditions according to harmful and dangerous factors of the working environment and the difficulty of work as to regulations prescribing measures taken for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos. The Government is requested to supply with its next report all the mentioned legal and regulatory texts as well as all technical instruments giving effect to the provisions of the Convention. The Committee would be grateful if the Government would send the English version of such texts.

Article 5, paragraph 1. Adequate and appropriate system of inspection. The Committee notes the Government’s reference to three different inspectorates which carry out their activities on the enforcement of relevant laws and regulations, namely, the Federal Labour Inspection (RosTrudInspection), the State Sanitary and Epidemiological Service of the Russian Federation and the State Mining and Technical Control Service of the Russian Federation. The Committee would be grateful if the Government would provide, with its next report, information of the organization and functioning of each of them.

Article 6, paragraph 2. Cooperation of two or more employers undertaking activities simultaneously at one workplace, in order to comply with the prescribed measures. The Committee notes the Government’s reference to the Labour Code of 30 December 2001 (No. 197-FL) and to the Act on the Fundamentals of the Labour Protection of 17 July 1999 (No. 181-FZ) as to the legal instruments containing provisions giving effect to this Article. The Committee notes that both two texts do not have specific provisions concerning requirements addressed to employers when two or more of them undertake activities simultaneously at one workplace and shall cooperate in order to comply with the prescribed measures. The Committee requests the Government to describe, in its next report, the procedures prescribed in pursuance of the indicated paragraph.

Articles 9 to 12. Technical measures envisaged by national laws or regulations. The Committee notes the Government’s reference to numerous national technical standards as to instruments giving effect to these provisions. As these texts are not available, the Committee requests the Government to provide a copy of them so that it can examine the extent to which they give effect to the provisions of the Convention.

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 2004, published 93rd ILC session (2005)

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

1. The Committee notes in particular the Government’s reference to numerous legal and regulatory texts giving effect to the Convention. The Committee would like the Government to provide copies of the following texts: sanitary regulations and standards on hygienic requirements upon microclimate of industrial premises, SANPIN 2.2.4.548-96; sanitary regulations and standards on hygienic requirements upon manual tools and works organization, SANPIN 2.2.2.540.96; hygienic regulations on accessible limits of harmful agents’ concentration in the air of the working area, GN 2.2.5.1827-03; and hygienic regulations on relatively safe levels of the harmful agents’ impact in the air of working area, GN 2.2.5.1314-03.

2. The Committee notes the adoption of "List of the preventive measures for 2004 directed to cutting down the industrial injuries and workers’ professional diseases" approved by Decision of the Ministry of Labour No. 28 of 5 March 2004. It requests the Government to supply a copy of it.

3. Article 11, paragraph 1. Medical examination at suitable intervals. Paragraph 3. Measures to provide the worker with suitable alternative employment. The Committee notes the Government’s reference to sections 213 and 185 of the Labour Code as well as the Government’s Decree on harmful and dangerous industrial factors and periodical medical examinations, No. 646 of 27 October 2003, and the Government’s Decree on compulsory psychiatric examination of workers (harmful agents and unfavourable factors impact), No. 695 of 23 September 2002. The Committee requests the Government to provide copies of the abovementioned texts.

4. The Committee notes that the Government’s report does not contain replies to most of the points raised in its previous comments. The Committee again draws the Government’s attention to the following points.

(1) The Committee requests the Government to keep it informed of legislative developments relating to the application of the Convention and to provide copies , in so far as they are still in force, of the following texts:

-  Decree No. 355 of the President of the Russian Federation "on the supervisory bodies of the State", 12 November 1992;

-  Regulations respecting the Federal Supervision of Russian Mines and Industry "adopting the Regulations on the Federal Supervision of Russian Mines and Industry", approved by Decree No. 234, of 18 February 1993;

-  GOST 12.0.004-90 "SSBT - organization of education relating to occupational safety";

-  Federal Act No. 1355 "on industrial safety at hazardous workplaces", of 12 November 1997;

-  Decree No. 675 of the Government of 1 July 1995 "on safety declarations in industrial workplaces in the Russian Federation";

-  Decree No. 779 of the Government, of 17 July 1998;

-  Common Ordinance No. 599/125 "on the procedures for approving safety declarations for workplaces in the Russian Federation", of 7 August 1996.

(2) With reference to its previous comments, the Committee requests the Government to furnish the following particulars:

Article 5, paragraph 4, of the Convention. The Committee notes that Federal Act No. 181-FZ "on the fundamental principles of labour protection in the Russian Federation", adopted on 17 July 1999, determines the obligations of employers and workers in the field of labour protection (sections 14 and 15), the functions of labour protection committees (commissions) (section 13), the machinery for implementing the supervision and control by the State of compliance with the legislation respecting labour protection and the social control of labour protection (sections 20 and 21), etc.". The Committee notes in this respect that, according to the Government’s report, "it is by taking into account the above provisions and section 28 of the above Act that the statutory instruments of the President and the Government of the Russian Federation are to be reviewed, also taking into consideration the provisions of Article 5, paragraph 4". The Committee therefore once again requests the Government to provide any information available on the updating of the national legislation with a view to bringing it into conformity with the provisions of the Convention. Furthermore, the Committee notes the establishment of the "Federal Supervision of Russian Mines and Industry" on the basis of Decree No. 1355 of the President of the Russian Federation of 12 November 1992 respecting "State supervisory bodies". It notes that this federal supervisory body issues the regulations respecting safety matters within its competence and discharges special functions of authorization, supervision and control. The Committee notes the adoption and entry into force of the Regulations respecting the Federal Supervision of Russian Mines and Industry, approved by Decree No. 234 of the President of the Russian Federation, of 18 February 1993, "adopting the Regulations on the Federal Supervision of Russian Mines and Industry". As these texts are not available to the Committee, it once again requests the Government to provide copies of them to the International Labour Office so that it can examine the extent to which they give effect to the provisions of the Convention.

The Committee also notes that, according to the Government’s report, when undertaking inspections in the presence "of a representative of the enterprise" in organizations, in accordance with the procedure established for supervision of compliance with the legislation on labour and labour protection by labour inspectors and labour protection inspectors, a representative of the employer and a labour protection specialist of the organization have to be present during the inspection, and representatives of the trade union body or of another body mandated by the workers are invited to participate. The Committee therefore requests the Government, if it has not already done so, to consider providing in law the practice of permitting representatives of the employer and the workers of the enterprise to accompany inspectors during inspection visits.

Article 6, paragraph 2. The Committee notes that the safety measures adopted whenever two or more employers undertake activities simultaneously are governed by the provisions on the application of safety rules, formulated for each branch of the economy and approved by the federal supervision of Russian mines and industry. In this respect, the Committee notes the Government’s reference, as an example, to the Regulations applying safety rules for very hazardous work in enterprises and organizations of the Ministry of Metallurgy of the USSR, adopted by the Ministry of Metallurgy on 20 June 1990 and approved by the State Supervision of the Nuclear Industry of the USSR and the Central Committee of the Trade Union of Workers of the Metallurgy Industry. According to the Government’s report, the safety of workers in associations of enterprises and subcontractors, which may undertake activities at the same workplace, is guaranteed by the enterprise and subcontracting agreements concluded in accordance with section 434 of the Civil Code of the Russian Federation. According to the Government, the contractors may accept that occupational safety is ensured by the entrepreneur, but they may agree that each organization ensures independently the occupational safety of its employees. Furthermore, whenever entrepreneurs undertake work together, the supervisory bodies take measures to ensure their collaboration. The Committee recalls in this respect that, in accordance with this provision of the Convention, whenever two or more employers undertake activities simultaneously at one workplace, they shall have the duty to collaborate in order to comply with the prescribed measures, without prejudice to the responsibility of each employer for the health and safety of his employees. This therefore consists of an obligation, compliance with which cannot be left to the will of the contractors, as appears to be the case according to the information provided by the Government. The Committee requests the Government to indicate the measures adopted to give effect to this provision of the Convention. In particular, it requests the Government to indicate under which laws or regulations the supervisory bodies take the necessary measures to ensure collaboration between enterprises which undertake activities simultaneously at one workplace, and the laws or regulations establishing this obligation.

Article 12. The Committee notes that, in accordance with section 16 of Federal Act No. 181-FZ on the fundamental principles of labour protection in the Russian Federation, in the event of the use of new harmful or hazardous substances which have not formerly been used in the enterprise, the employer prior to the use of such substances has to formulate measures to protect the life and safety of workers, in agreement with the bodies competent for supervising and controlling compliance with labour protection standards. It also notes that Federal Act No. 1355 of 12 November 1997 on industrial safety at hazardous workplaces is intended to ensure the safe operation of hazardous workplaces, the prevention of accidents and the preparation of organizations for the identification and prevention of such accidents. The Committee also notes that, according to the Government, the probability of accidents occurring at hazardous workplaces is reduced through the granting of operating licences in the field of industrial safety, the compulsory certification of technical equipment used in hazardous enterprises, compulsory liability insurance for damage caused to third parties through the operation of hazardous installations and the safety declaration for the most hazardous workplaces. This safety declaration and the measures and decisions taken in relation to the declaration were introduced by Decree No. 675 of the Government of the Russian Federation of 1 July 1995 on the safety declaration in industrial workplaces in the Russian Federation. Under the terms of Decree No. 779 of the Government of the Russian Federation of 17 July 1998, the procedure for the formulation of the safety declaration and the annual lists which must determine industries constituting an increased hazard risk are established by the Ministry of the Russian Federation responsible for civil defence, extraordinary situations and resolving the consequences of catastrophes (MCS of Russia) jointly with the body specially entrusted with responsibility for industrial safety, namely the Federal Supervision of Russian Mines and Industry (Gosgortekhnadzor of Russia), with the agreement of the other ministries and departments concerned. Any organization operating hazardous installations has to make a declaration and forward it to the MCS of Russia, the Gosgortekhnadzor of Russia and the local self-management institution on the territory in which the workplace covered by the declaration is located. The declaration is submitted to expert review, in accordance with Common Ordnance No. 599/125 of the directors of the MCS of Russia and the Gosgortekhnadzor of Russia, of 7 August 1996, on the procedure for the expert review of safety declarations for workplaces in the Russian Federation. On the basis of the safety declaration, the Gosgortekhnadzor of Russia issues a permit for the exercise of an industrial productive activity representing an increased hazard risk. In this connection, the Committee notes that the Government refers to the preparation of a federal Bill on the safety of technical installations with a view to regulating the design, manufacture, delivery and operation of technical equipment in accordance with safety standards for noise, vibration and environmental pollution. It requests the Government to keep the International Labour Office informed of the progress made by this federal Bill and to provide a copy of it when it is adopted.

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 2002, published 91st ILC session (2003)

The Committee takes note of the Government’s report. It notes the Government’s indication that employers are required, in accordance with the respective provisions of the Labour Code, to provide for occupational safety and health conditions at the workplace which meet the established requirements in relation to occupational health and hygiene. The Government further indicates that the hygiene requirements are defined in normative acts, such as, for example, the sanitary regulations for the foodstuffs commercial enterprises SanPi N 2.3.5.021-94. In this respect, the Committee notes the adoption of Decree No. 74 of 16 October 2000, issued by the Minister of Labour, approving the POT R M-014-2000 "Intersectoral Rules concerning occupational safety and health in retail trade", and the adoption of Decree No. 9 of 12 February 2002, issued by the Minister of Labour, approving the TI R M-018-033-02 "Intersectoral standard instructions for the retail trade employees on occupational health". With regard to Decree No. 74 of 16 October 2000, the Committee notes the footnote to section 1 indicating that the respective Rules are not to be published. The Committee therefore requests the Government to supply a copy of the above Intersectoral Rules to enable the Committee to determine the extent to which they have an impact on the application of the Convention.

With regard to other sectors governed by the scope of application of the Convention, the Committee requests the Government to indicate whether the respective laws and regulations adopted under the former Soviet Union remain in force. The Committee would be grateful if the Government would specify the laws and regulations currently in force that implement the provisions of the Convention.

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

The Committee notes the information provided by the Government in its last report.

The Committee notes the adoption, since the report was received, of a new Labour Code of the Russian Federation, which entered into force on 1 February 2002. The Committee notes that the provisions of the new Labour Code are very general in their wording and that they do not require for compliance with specific measures setting standards relating to the working environment, and more particularly air pollution, noise and vibration. The Committee notes that, with the exception of section 221 of the Code, which refers to hazardous work or work performed under hazardous conditions and work performed under special climatic conditions or which is associated with air pollution for which special equipment is to be provided to workers, there are no other provisions giving effect to the requirements of the Convention.

However, the Committee notes that the Code contains provisions which could provide a basis for the adoption of legislation respecting the working environment, and particularly air pollution, noise and vibration. The Committee notes in this respect the provisions of Part X of the Code relating to labour protection.

The Committee notes the final provisions of this text, and particularly the list of legislation repealed by the current Labour Code and the measures to bring other legal instruments into conformity with the new Code. It requests the Government to keep the International Labour Office informed of legislative developments relating to the application of the Convention and to provide copies, in so far as they are still in force, of the following texts:

-  Decree No. 355 of the President of the Russian Federation "on the supervisory bodies of the State", 12 November 1992;

-  Regulations respecting the Federal Supervision of Russian Mines and Industry "adopting the Regulations on the Federal Supervision of Russian Mines and Industry", approved by Decree No. 234, of 18 February 1993;

-  Civil Code of the Russian Federation;

-  GOST 12. 0. 004-90 "SSBT - organization of education relating to occupational safety";

-  Federal Act No. 1355 "on industrial safety at hazardous workplaces", of 12 November 1997;

-  Decree No. 675 of the Government of 1 July 1995 "on safety declarations in industrial workplaces in the Russian Federation";

-  Decree No. 779 of the Government, of 17 July 1998;

-  Common Ordinance No. 599/125 "on the procedures for approving safety declarations for workplaces in the Russian Federation", of 7 August 1996.

2. With reference to its previous comments, the Committee notes the information provided by the Government and requests it to furnish the following particulars:

-  Article 5, paragraph 4, of the Convention. The Committee notes that Federal Act No. 181-FZ "on the fundamental principles of labour protection in the Russian Federation", adopted on 17 July 1999, determines the obligations of employers and workers in the field of labour protection (sections 14 and 15), the functions of labour protection committees (commissions) (section 13), the machinery for implementing the supervision and control by the State of compliance with the legislation respecting labour protection and the social control of labour protection (sections 20 and 21), etc.". The Committee notes in this respect that, according to the Government’s report, "it is by taking into account the above provisions and section 28 of the above Act that the statutory instruments of the President and the Government of the Russian Federation are to be reviewed, also taking into consideration the provisions of Article 5, paragraph 4". The Committee therefore once again requests the Government to provide any information available on the updating of the national legislation with a view to bringing it into conformity with the provisions of the Convention. Furthermore, the Committee notes the establishment of the "Federal Supervision of Russian Mines and Industry" on the basis of Decree No. 1355 of the President of the Russian Federation of 12 November 1992 respecting "State supervisory bodies". It notes that this federal supervisory body issues the regulations respecting safety matters within its competence and discharges special functions of authorization, supervision and control. The Committee notes the adoption and entry into force of the Regulations respecting the Federal Supervision of Russian Mines and Industry, approved by Decree No. 234 of the President of the Russian Federation, of 18 February 1993, "adopting the Regulations on the Federal Supervision of Russian Mines and Industry". As these texts are not available to the Committee, it once again requests the Government to provide copies of them to the International Labour Office so that it can examine the extent to which they give effect to the provisions of the Convention.

The Committee also notes that, according to the Government’s report, when undertaking inspections in the presence "of a representative of the enterprise" in organizations, in accordance with the procedure established for supervision of compliance with the legislation on labour and labour protection by labour inspectors and labour protection inspectors, a representative of the employer and a labour protection specialist of the organization have to be present during the inspection, and representatives of the trade union body or of another body mandated by the workers are invited to participate. The Committee therefore requests the Government, if it has not already done so, to consider providing in law the practice of permitting representatives of the employer and the workers of the enterprise to accompany inspectors during inspection visits.

-  Article 6, paragraph 2. The Committee notes that the safety measures adopted whenever two or more employers undertake activities simultaneously are governed by the provisions on the application of safety rules, formulated for each branch of the economy and approved by the federal supervision of Russian mines and industry. In this respect, the Committee notes the Government’s reference, as an example, to the Regulations applying safety rules for very hazardous work in enterprises and organizations of the Ministry of Metallurgy of the USSR, adopted by the Ministry of Metallurgy on 20 June 1990 and approved by the State Supervision of the Nuclear Industry of the USSR and the Central Committee of the Trade Union of Workers of the Metallurgy Industry. According to the Government’s report, the safety of workers in associations of enterprises and subcontractors, which may undertake activities at the same workplace, is guaranteed by the enterprise and subcontracting agreements concluded in accordance with section 434 of the Civil Code of the Russian Federation. According to the Government, the contractors may accept that occupational safety is ensured by the entrepreneur, but they may agree that each organization ensures independently the occupational safety of its employees. Furthermore, whenever entrepreneurs undertake work together, the supervisory bodies take measures to ensure their collaboration. The Committee recalls in this respect that, in accordance with this provision of the Convention, whenever two or more employers undertake activities simultaneously at one workplace, they shall have the duty to collaborate in order to comply with the prescribed measures, without prejudice to the responsibility of each employer for the health and safety of his employees. This therefore consists of an obligation, compliance with which cannot be left to the will of the contractors, as appears to be the case according to the information provided by the Government. The Committee requests the Government to indicate the measures adopted to give effect to this provision of the Convention. In particular, it requests the Government to indicate under which laws or regulations the supervisory bodies take the necessary measures to ensure collaboration between enterprises which undertake activities simultaneously at one workplace, and the laws or regulations establishing this obligation.

-  Article 11, paragraph 3. The Committee notes that the new Act of the Russian Federation on the protection of the workforce no longer includes section 6(3) of the former Act, which provided that an employer, based on the results of a medical examination, had to transfer a worker to another job whenever the worker showed symptoms of an occupational disease or the worker’s state of health appeared to deteriorate. The Committee also notes that, according to the Government, section 155 of the Labour Code provides that, "where workers require, in view of their state of health, an easier job, the administration of the enterprise, institution or organization is bound with their agreement to transfer them to a post of this type, in conformity with a medical opinion, on a temporary basis or without limit of time". Furthermore, the Committee notes that such "transfers are carried out on the basis of the decision of a committee of medical experts (KEK) of a preventive medical establishment at the proposal of the worker’s doctor, and on the basis of a transfer notice in the event of necessity for health reasons for persons who are fit for work, or the rational placement of persons with limited capacity for work". Finally, the Committee notes that, "where a worker refuses a transfer, she or he may (in exceptional cases) be dismissed at the initiative of the administration according to the established administrative procedure (section 33(2) of the KZOT) on the grounds that her or his state of health is incompatible with the job held or the work performed, provided that the worker herself or himself refused the transfer to another job or the administration could not transfer the worker to another job in the same enterprise". The Committee also notes that, in conformity with section 156 of the KZOT, the limits and conditions applying to the maintenance of wages depend on the reasons for the transfer.

The Committee requests the Government to indicate the reasons taken into account in determining the limits and conditions for the maintenance of the wage.

The Committee notes that, under section 72 of the new Labour Code, when an employee has to be transferred to another job pursuant to a medical report, the employer is bound to carry out the transfer with the consent of the worker to another available job which is not inappropriate for the worker for reasons of health. In the event that the worker refuses the transfer or that the enterprise does not have an appropriate job for the worker, the employment contract may be ended in accordance with the clause in section 77 of the new Labour Code. The Committee reminds the Government that every effort has to be made to provide the worker concerned with suitable alternative employment or to maintain her or his income through social security measures or otherwise. The Committee requests the Government to indicate the measures taken to ensure the maintenance of the worker’s income in the new job or, in the event of dismissal, through social security measures or otherwise and, in the event of a transfer, to guarantee the level of the worker’s remuneration.

-  Article 12. The Committee notes that, in accordance with section 16 of Federal Act No. 181-FZ on the fundamental principles of labour protection in the Russian Federation, in the event of the use of new harmful or hazardous substances which have not formerly been used in the enterprise, the employer prior to the use of such substances has to formulate measures to protect the life and safety of workers, in agreement with the bodies competent for supervising and controlling compliance with labour protection standards. It also notes that Federal Act No. 1355 of 12 November 1997 on industrial safety at hazardous workplaces is intended to ensure the safe operation of hazardous workplaces, the prevention of accidents and the preparation of organizations for the identification and prevention of such accidents. The Committee also notes that, according to the Government, the probability of accidents occurring at hazardous workplaces is reduced through the granting of operating licences in the field of industrial safety, the compulsory certification of technical equipment used in hazardous enterprises, compulsory liability insurance for damage caused to third parties through the operation of hazardous installations and the safety declaration for the most hazardous workplaces. This safety declaration and the measures and decisions taken in relation to the declaration were introduced by Decree No. 675 of the Government of the Russian Federation of 1 July 1995 on the safety declaration in industrial workplaces in the Russian Federation. Under the terms of Decree No. 779 of the Government of the Russian Federation of 17 July 1998, the procedure for the formulation of the safety declaration and the annual lists which must determine industries constituting an increased hazard risk are established by the Ministry of the Russian Federation responsible for civil defence, extraordinary situations and resolving the consequences of catastrophes (MCS of Russia) jointly with the body specially entrusted with responsibility for industrial safety, namely the Federal Supervision of Russian Mines and Industry (Gosgortekhnadzor of Russia), with the agreement of the other ministries and departments concerned. Any organization operating hazardous installations has to make a declaration and forward it to the MCS of Russia, the Gosgortekhnadzor of Russia and the local self-management institution on the territory in which the workplace covered by the declaration is located. The declaration is submitted to expert review, in accordance with Common Ordnance No. 599/125 of the directors of the MCS of Russia and the Gosgortekhnadzor of Russia, of 7 August 1996, on the procedure for the expert review of safety declarations for workplaces in the Russian Federation. On the basis of the safety declaration, the Gosgortekhnadzor of Russia issues a permit for the exercise of an industrial productive activity representing an increased hazard risk. In this connection, the Committee notes that the Government refers to the preparation of a federal Bill on the safety of technical installations with a view to regulating the design, manufacture, delivery and operation of technical equipment in accordance with safety standards for noise, vibration and environmental pollution. It requests the Government to keep the International Labour Office informed of the progress made by this federal Bill and to provide a copy of it when it is adopted.

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

The Committee notes the information provided in the Government’s report.

The Committee notes the adoption of Government Decree No. 967 of 15 December 2000 to approve the regulations on investigation and registration of occupational diseases (Text No. 5149) (Sobranie Zakonodatel’stva. 2000-12-25, No. 52, pp. 10069-10076).

The Committee notes that section 7 of the Decision of the People’s Commissariat for Labour of 16 August 1929 "on manufacture, sale and use of white lead", prohibits the use of white lead in the internal painting of buildings. The Committee recalls that under Article 1, paragraph 1, of the Convention, in the internal painting of buildings, not only the use of white lead, but also the use of sulphate of lead and that of all products containing this and white lead pigments (with the exceptions that the Convention establishes), are prohibited. The Committee notes that in the legal instruments provided by the Government in its last reports there does not exist any provision concerning these two last mentioned prohibitions. Therefore, the Committee requests that the Government indicate in its next report the provisions that give effect to the aforementioned prohibitions. The Committee also recalls that under the same provision of the Convention, the Government is obligated to consult with the employers’ and workers’ organizations concerned, when establishing the cases in which the use of white lead and sulphate of lead and of all products containing these pigments will be considered necessary for the painting of railway stations or industrial establishments. The Committee notes that in the legal instruments provided by the Government in its last reports, no provision exists either, concerning this point. The Committee therefore requests that the Government indicate the provisions that give effect to the aforementioned obligation.

The Committee notes that in section 7(3) of the "Health regulations for painting work in which the use of manual sprayers is required", No. 991-72, of 22 September 1972, there exists a prohibition of employment of pregnant women and breast-feeding women in painting works in which the use of manual sprayers is required. The Committee recalls that under Article 3, paragraph 1, of the Convention there exists, among others, the prohibition of employing all females in any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments. The Committee requests that the Government indicate, in its next report, the provisions that give effect to the aforementioned prohibition.

The Committee recalls that under Article 7 of the Convention, statistics with regard to lead poisoning among working painters, particularly on: (a) the morbidity - by notification and certification of all cases of lead poisoning; and (b) the mortality - by a method approved by the official statistical authority in the country, shall be obtained. The Committee recalls that in one of the last Government’s reports it was established that no statistical reporting of cases of lead poisoning among painters was carried out and that none of the subsequent reports has provided either information on this point or statistics with regard to it. The Committee requests that the Government informs the Office if any measure has been taken to carry out the aforementioned statistics and to provide a copy of them, the latter in conformity with the report form.

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 1995, published 83rd ILC session (1996)

The Committee notes with interest the information provided by the Government in its report that the Russian National Committee on Radiation Safety is preparing new Radiation Safety Standards and basic Health Rules that take into account the 1990 Recommendations of the International Commission on Radiation Protection (ICRP Publication No. 60). Referring also to its 1992 General Observation on the Convention, the Committee hopes that the Government will soon be in a position to supply information on the provisions adopted that fully apply the Convention and are consistent with the dose limits set out in the above Recommendations of the ICRP and the 1994 International Basic Safety Standards. The Committee notes the Government's indication that it anticipates a transitional period with respect to the enforcement of the new measures, the duration of which the Committee hopes will be kept to a minimum.

2. Emergency exposure situations. Referring to the explanations given in paragraphs 16 to 27 and 35(c) of its 1992 General Observations under the Convention and in light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on the measures taken or contemplated in relation to emergency situations, in particular with respect to measures to ensure that exceptional exposure of workers in an emergency is strictly limited in scope and duration to what is required to meet an acute danger to life and health; to preclude situations wherein workers or other volunteers may be exposed to radiation for the purpose of rescuing items of material value during emergency situations; and to ensure the necessary investments in robotized or other techniques of intervention aimed at minimizing the exposure of workers.

3. The provision of alternative employment. With reference to paragraphs 28 to 34 and 35(d) of its 1992 General Observation under the Convention, and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

[The Government is asked to report in detail in 1997.]

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee takes note of the indication in the Government's first report that, for technical reasons, the measures taken in view of the application of the Convention cannot be described. The Government adds that appropriate laws and regulations are being reviewed in this regard. The Committee hopes that the Government will be in a position in the near future to indicate the laws and regulations which apply the provisions of the Convention, and to indicate for each of its Articles the measures taken to ensure their application. The Government is also requested to supply a copy of any texts applying the Convention.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee has taken note of the information supplied by the Government in its report received in November 1993 and, in particular, of the information concerning the application of Article 4, paragraphs 1 and 2, Article 5, paragraphs 1, 2 and 3, Article 7, paragraph 2, Article 8, paragraphs 1 and 2, Articles 9 and 10, Article 11, paragraphs 1 and 2, Article 13 and Article 15 of the Convention. The Committee requests the Government to provide information, in its next report, on the following points:

1. Article 5, paragraph 4. In its previous comments, the Committee requested the Government to provide a copy of the Fundamental Provisions for organizing the safety and health inspection work in the system of the State Committee on Occupational Safety Inspection in Industry and Mines of the USSR. The Government is requested to indicate whether the above-mentioned Provisions are still in force and, if so, to provide a copy of the text. The Government is also requested to indicate whether an inspection carried out in the presence of "a representative of the enterprise" for the purpose of this text means the presence of both an employers' representative and a worker's representative, as called for in this provision of the Convention.

2. Article 6, paragraph 2. In its previous comments, the Committee noted the safety regulations in the construction and the coal industry which provided for collaboration in occupational safety matters between several employers acting simultaneously at the same workplace. It requests the Government to indicate the measures taken or envisaged to ensure that, in all workplaces where two or more employers undertake activities simultaneously, they shall have the duty to collaborate in order to ensure compliance with prescribed measures in respect of occupational safety and health.

3. Article 11, paragraph 3. With reference to its previous comments, the Committee notes that section 6, paragraph 2, of the Fundamental Legislation of the Russian Federation on Labour Protection (FLRFLP) provides that an employer shall transfer a worker, in accordance with the results of a medical examination, to another work, in the case of occupational disease symptoms or indications of health deterioration. The Government is requested to specify the procedures for such a transfer and to indicate the manner in which it is ensured that alternative employment is available to a worker when continued assignment in his or her post is medically inadvisable even if there have not been any signs of occupational disease or health deterioration.

4. Article 12. Further to its previous comments, the Committee notes that article 9 of the FLRFLP prescribes various employers' obligations with respect to occupational safety and health. The Government is requested to indicate the measures taken or envisaged to ensure that employers notify the competent authority with respect to the use of processes, substances, machinery and equipment, to be determined, which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration.

5. The Government is requested to provide with its next report copies of the following standards or any corresponding standards:

- GOST 27409-87 (CMEA Standards 5708-86) - standardizing the nature of the noise of stationary equipment;

- Health Standards (SN) 245-71 for the design of industrial enterprises;

- GOST 12.4.022-80 SSBT on the method for determining the amount of noise blocked out by means of personal protection.

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.

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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

1. Article 4, paragraphs 1 and 2, and Article 8, paragraph 1, of the Convention. The Committee noted the provisions of the Act on the Protection of the Atmosphere, referred to in the Government's report for the period ending October 1990. It also noted from the Government's report that an Occupational Safety and Health Act had been elaborated and was to be adopted in December 1990. The Government is requested to indicate whether this Act or some corresponding legislation has now been adopted by the Russian Federation and, if so, to transmit a copy with its next report. Furthermore, the Government is requested to transmit copies of the following technical state standards which apparently set forth criteria and exposure limits in respect of air pollution, noise and vibration if they are still in force, or any corresponding standards of the Russian Federation:

- All-Union State Standard (GOST) 12.1.005-88 Occupational Safety Standards System (SSBT). General safety and health requirements for air in the working environment.

- GOST 12.1.003-83 SSBT. Noise - general safety requirements. Amendments were made to these safety requirements by Decree No. 4233 of 19 December 1988 issued by the USSR State Committee on Standards.

- GOST 12.1.012-78 SSBT. Vibration - general safety requirements, and the following standards approved by the Ministry of Health:

- Health standards concerning acceptable noise levels in the working environment (No. 3233-77);

- Health standards for infrasound at the workplace (No. 2274-80);

- Health standards and rules for working at industrial ultrasonic installations (No. 1733-77);

- Health standards and rules for working with equipment producing ultrasonic noise that is transmitted through workers' hands (No. 2282-80);

- Health standards and rules for working with machines and equipment which transmit a local vibration to workers' hands (No. 3041-84);

- Health standards for vibrations at the workplace (No. 3044-84).

2. Article 5, paragraphs 1 and 2. The Committee noted the Government's indication in its report for 1990 that the standards, regulations, etc. for monitoring air pollution, noise and vibration at the workplace and for taking protective measures against the harmful effects of these factors are elaborated either in collaboration with or upon the approval of the Central Committee of Trade Unions (AUCCTU). The Government is requested to indicate the manner in which the most representative employers' organizations are also consulted as concerns the manner in which effect is given to the Convention and are associated with the elaboration of provisions concerning the practical implementation of the measures for the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration.

3. Article 5, paragraph 3. The Committee notes that section 4 of the Order No. P-18/334 respecting the procedure for concluding collective agreements provides that the collective agreement shall contain the basic provisions respecting, inter alia, occupational safety and shall stipulate the obligations of the management and of the factory to enable workers to participate in improving standard setting as regards occupational safety. The Government is requested to indicate whether this Order is still in force and to provide copies of the relevant provisions of any collective agreements as they concern the collaboration between employers and workers in respect of occupational safety and health, and to indicate the manner in which it is ensured that such collaboration occurs in all workplaces covered by the Convention.

4. Article 5, paragraph 4. The Committee noted the Government's indication in its report for 1990 that the Fundamental Provisions for organizing the safety and health inspection work in the system of the State Committee on Occupational Safety Inspection in Industry and Mines of the USSR (SCOSIIM) provide for safety and health inspections to be carried out and for the inspector to carry out inspections in the presence of a representative of the enterprise. The Government is requested to provide a copy of the text of the Fundamental Provisions or any corresponding provisions which might have superseded them and to indicate whether an inspection carried out in the presence of "a representative of the enterprise" means both an employer's representative and a worker's representative, as called for in this paragraph. Furthermore, the Government is requested to indicate the manner in which it is ensured that representatives of workers and employers may accompany inspectors in all branches of economic activity.

5. Article 6, paragraph 2. The Committee noted from the Government's report for 1990 that safety regulations in construction and the coal industry, as well as occupational safety measures in the case of joint activities between an enterprise and a contractor provide for collaboration between several employers acting simultaneously at the workplace. The latter safety measures appear to be limited to the coal industry and to collaboration in safety measures to be taken after an accident. Section 21 of the USSR Act on State Enterprises provides that enterprises shall have the right to jointly carry out work in order to solve technical problems. The Government is requested to indicate the measures taken to ensure that, in all workplaces where two or more employers undertake activities simultaneously, the employers shall have the duty to collaborate in order to ensure compliance with prescribed measures in respect of occupational safety and health.

6. Article 7, paragraph 2, and Article 13. The Committee noted from the Government's report for 1990 that workers were trained in occupational safety and health by virtue of the state standard GOST 12.0-004-79 SSBT. The Government is requested to provide with its next report a copy of this standard or any corresponding standard now in force. The Government is also requested to indicate the specific measures taken to ensure that workers are informed of potential occupational hazards in the working environment due to air pollution, noise and vibration.

7. Article 8, paragraph 1. The Committee noted from the Government's report for 1990 that "methodological instructions" had been issued by the Ministry of Health for the monitoring of the presence of harmful substances in the air. The Government is requested to provide a copy of these instructions with its next report.

8. Article 8, paragraph 2. The Committee noted the Government's indication in its report for 1990 that occupational safety regulations were reviewed periodically and revised when necessary by a drafting committee consisting of representatives of the ministries, the SCOSIIM and workers' representatives. The Government is requested to indicate the procedures by which the opinion of the technically competent persons designated by the most representative organizations of employers and workers concerned are taken into account in the elaboration of the criteria and the determination of the exposure limits either by means of national legislation or in the health and safety standards issued by the Ministry of Health.

9. Article 9. The Committee noted the Government's indication in its report for 1990 that the following technical standards ensured the application of this Article of the Convention:

- GOST 12.1.023.80 SSBT - methods of regulating the nature of the noise of stationary equipment;

- GOST 27409-87 (CMEA Standards 5708-86) - standardizing the nature of the noise of stationary equipment;

- SNIP II-12-77 on the protection against noise (design standards) (presently being revised);

- GOST 12.3.002-75 (CMEA standards 1728-79) SSBT - production processes, general safety requirements;

- GOST 12.2.003-74 - industrial equipment, general safety requirements;

- Health Standards (SN) 245-71 for the design of industrial enterprises;

- GOST 12.1.012-78 for the means of protection against direct as well as diffuse vibration;

- GOST 15.001-88 on the system of manufacturing and installing goods used in industry and the production of industrial and technical hardware.

The Government is requested to provide with its next report copies of these standards or any corresponding standards having superseded them.

10. Article 10. The Government is requested to transmit copies of the following safety standards referred to in its report (or any corresponding standards) which call for the provision of personal protective equipment to workers exposed to air pollution, noise and vibration.

- GOST 12.4.034-85 SSBT on means of personal protection with regard to the respiratory system;

- GOST 12.4.051-87 (CMEA Standards 5803-86) SSBT on means of personal protection with regard to the organs of hearing;

- GOST 12.4.022-80 SSBT on the method for determining the amount of noise blocked out by means of personal protection;

- GOST 12.4.002-74 SSBT on means of protecting the hands against vibration;

- GOST 12.4.024-76 SSBT on protective footwear against vibration.

11. Article 11, paragraphs 1 and 2. The Committee noted from the Government's report for 1990 that Order No. 700 issued by the Ministry of Health calls for pre-assignment and periodical medical examinations for workers exposed to harmful and adverse working conditions. The Government is requested to communicate with its next report a copy of this Order (or any other order now in force) and to indicate if these medical examinations are to be provided to workers free of charge.

12. Article 11, paragraph 3. The Committee notes that section 50 of the Fundamental Legislation on Public Health provides for the carrying out of expert medical assessments of working capacity, including a determination of the conditions and types of work the worker is able to perform and prescribes the procedure for transfer to another employment owing to impaired health as a result of occupational disease. The procedures governing the expert assessments are to be laid down in the legislation. The Government is requested to provide further details on these procedures. The Government is also requested to indicate the manner in which it is ensured that alternative employment is available to a worker when continued assignment in his or her post is medically inadvisable, even if the worker does not have an occupational disease, and that such arrangements do not adversely affect rights under social security and social insurance.

13. Article 12. The Committee noted the Government's indication in its report for 1990 that the institutions of the SCOSIIM must be notified of the processes, substances, machinery and equipment which present occupational hazards. The Government is requested to indicate: the procedures which govern such notification; the types of processes, substances, machinery and equipment determined by the competent authority which must be notified; and whether the notification procedures cover all branches of economic activity covered by the Convention. The Government is also requested to provide a copy of the Regulations No. 361 on State Health Inspection approved by order of the Council of Ministers on 31 May 1973.

14. Article 15. The Committee noted the Government's indication in its report for 1990 that, by order of a technical safety and occupational health inspectorate, the management of an enterprise is required to implement a set of measures to ensure normal working conditions either by its own means or by the means of a competent service. The Government is requested to indicate the conditions and the circumstances determined by the competent authority under which the employer must appoint a competent person or service to deal with the issues relating to occupational safety and health.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information supplied in the Government's latest report indicating that the substantive revision (after the consequences of the Chernobyl atomic station) of the Fundamental Sanitary Rules for Work with Radioactive Substances and Other Sources of Ionising Radiation (OSP-73/80) and of the Standards of Radiation Safety (NRB-76) is being concluded and that, following the results of this work and the adoption of the texts, the documents will be sent immediately to the Office. In this regard, the Committee would call the Government's attention to its General Observation under this Convention which sets forth, inter alia, the revised exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 Recommendations (Publication No. 60), and also deals with the limitation of occupational exposure during and after an emergency. The Committee would recall that, under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionising radiations and to review maximum permissible doses of ionising radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the General Observation.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with interest the information provided by the Government in its first report on the application of the Convention. It requests the Government to provide in the next report further information on the following points:

1. Article 4, paragraphs 1 and 2, and Article 8, paragraph 1, of the Convention. The Committee has noted the provisions of the Act on the Protection of the Atmosphere, referred to in the Government's report. It also notes from the Government's report that an Occupational Safety and Health Act had been elaborated and was to be adopted in December 1990. The Government is requested to indicate whether this Act or some corresponding legislation has now been adopted by the Russian Federation and, if so, to transmit a copy with its next report. Furthermore, the Government is requested to transmit copies of the following technical state standards which apparently set forth criteria and exposure limits in respect of air pollution, noise and vibration if they are still in force, or any corresponding standards of the Russian Federation:

- All-Union State Standard (GOST) 12.1.005-88 Occupational Safety Standards System (SSBT). General safety and health requirements for air in the working environment.

- GOST 12.1.003-83 SSBT. Noise - general safety requirements. Amendments were made to these safety requirements by Decree No. 4233 of 19 December 1988 issued by the USSR State Committee on Standards.

- GOST 12.1.012-78 SSBT. Vibration - general safety requirements, and the following standards approved by the Ministry of Health:

- Health standards concerning acceptable noise levels in the working environment (No. 3233-77);

- Health standards for infrasound at the workplace (No. 2274-80);

- Health standards and rules for working at industrial ultrasonic installations (No. 1733-77);

- Health standards and rules for working with equipment producing ultrasonic noise that is transmitted through workers' hands (No. 2282-80);

- Health standards and rules for working with machines and equipment which transmit a local vibration to workers' hands (No. 3041-84);

- Health standards for vibrations at the workplace (No. 3044-84).

2. Article 5, paragraphs 1 and 2. The Committee notes the Government's indication that the standards, regulations, etc. for monitoring air pollution, noise and vibration at the workplace and for taking protective measures against the harmful effects of these factors are elaborated either in collaboration with or upon the approval of the Central Committee of Trade Unions (AUCCTU). The Government is requested to indicate the manner in which the most representative employers' organisations are also consulted as concerns the manner in which effect is given to the Convention and are associated with the elaboration of provisions concerning the practical implementation of the measures for the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration.

3. Article 5, paragraph 3. The Committee notes that section 4 of the Order No. P-18/334 respecting the procedure for concluding collective agreements provides that the collective agreement shall contain the basic provisions respecting, inter alia, occupational safety and shall stipulate the obligations of the management and of the factory to enable workers to participate in improving standard setting as regards occupational safety. The Government is requested to indicate whether this Order is still in force and to provide copies of the relevant provisions of any collective agreements as they concern the collaboration between employers and workers in respect of occupational safety and health, and to indicate the manner in which it is ensured that such collaboration occurs in all workplaces covered by the Convention.

4. Article 5, paragraph 4. The Committee notes the Government's indication that the Fundamental Provisions for organising the safety and health inspection work in the system of the State Committee on Occupational Safety Inspection in Industry and Mines of the USSR (SCOSIIM) provide for safety and health inspections to be carried out and for the inspector to carry out inspections in the presence of a representative of the enterprise. The Government is requested to provide a copy of the text of the Fundamental Provisions or any corresponding provisions which might have superseded them and to indicate whether an inspection carried out in the presence of "a representative of the enterprise" means both an employer's representative and a worker's representative, as called for in this paragraph. Furthermore, the Government is requested to indicate the manner in which it is ensured that representatives of workers and employers may accompany inspectors in all branches of economic activity.

5. Article 6, paragraph 2. The Committee notes from the Government's report that safety regulations in construction and the coal industry, as well as occupational safety measures in the case of joint activities between an enterprise and a contractor provide for collaboration between several employers acting simultaneously at the workplace. The latter safety measures appear to be limited to the coal industry and to collaboration in safety measures to be taken after an accident. Section 21 of the USSR Act on State Enterprises provides that enterprises shall have the right to jointly carry out work in order to solve technical problems. The Government is requested to indicate the measures taken to ensure that, in all workplaces where two or more employers undertake activities simultaneously, the employers shall have the duty to collaborate in order to ensure compliance with prescribed measures in respect of occupational safety and health.

6. Article 7, paragraph 2, and Article 13. The Committee notes from the Government's report that workers are trained in occupational safety and health by virtue of the state standard GOST 12.0-004-79 SSBT. The Government is requested to provide with its next report a copy of this standard or any corresponding standard now in force. The Government is also requested to indicate the specific measures taken to ensure that workers are informed of potential occupational hazards in the working environment due to air pollution, noise and vibration.

7. Article 8, paragraph 1. The Committee notes from the Government's report that "methodological instructions" have been issued by the Ministry of Health for the monitoring of the presence of harmful substances in the air. The Government is requested to provide a copy of these instructions with its next report.

8. Article 8, paragraph 2. The Committee notes the Government's indication that occupational safety regulations are reviewed periodically and revised when necessary by a drafting committee which consists of representatives of the ministries, the SCOSIIM and workers' representatives. The Government is requested to indicate the procedures by which the opinion of the technically competent persons designated by the most representative organisations of employers and workers concerned are taken into account in the elaboration of the criteria and the determination of the exposure limits either by means of national legislation or in the health and safety standards issued by the Ministry of Health.

9. Article 9. The Committee notes the Government's indication that the following technical standards ensure the application of this Article of the Convention:

- GOST 12.1.023.80 SSBT - methods of regulating the nature of the noise of stationary equipment;

- GOST 27409-87 (CMEA Standards 5708-86) - standardising the nature of the noise of stationary equipment;

- SNIP II-12-77 on the protection against noise (design standards) (presently being revised);

- GOST 12.3.002-75 (CMEA standards 1728-79) SSBT - production processes, general safety requirements;

- GOST 12.2.003-74 - industrial equipment, general safety requirements;

- Health Standards (SN) 245-71 for the design of industrial enterprises;

- GOST 12.1.012-78 for the means of protection against direct as well as diffuse vibration;

- GOST 15.001-88 on the system of manufacturing and installing goods used in industry and the production of industrial and technical hardware.

The Government is requested to provide with its next report copies of these standards or any corresponding standards having superseded them.

10. Article 10. The Government is requested to transmit copies of the following safety standards referred to in its report (or any corresponding standards) which call for the provision of personal protective equipment to workers exposed to air pollution, noise and vibration.

- GOST 12.4.034-85 SSBT on means of personal protection with regard to the respiratory system;

- GOST 12.4.051-87 (CMEA Standards 5803-86) SSBT on means of personal protection with regard to the organs of hearing;

- GOST 12.4.022-80 SSBT on the method for determining the amount of noise blocked out by means of personal protection;

- GOST 12.4.002-74 SSBT on means of protecting the hands against vibration;

- GOST 12.4.024-76 SSBT on protective footwear against vibration.

11. Article 11, paragraphs 1 and 2. The Committee notes from the Government's report that Order No. 700 issued by the Ministry of Health calls for pre-assignment and periodical medical examinations for workers exposed to harmful and adverse working conditions. The Government is requested to communicate with its next report a copy of this Order (or any other order now in force) and to indicate if these medical examinations are to be provided to workers free of charge.

12. Article 11, paragraph 3. The Committee notes that section 50 of the Fundamental Legislation on Public Health provides for the carrying out of expert medical assessments of working capacity, including a determination of the conditions and types of work the worker is able to perform and prescribes the procedure for transfer to another employment owing to impaired health as a result of occupational disease. The procedures governing the expert assessments are to be laid down in the legislation. The Government is requested to provide further details on these procedures. The Government is also requested to indicate the manner in which it is ensured that alternative employment is available to a worker when continued assignment in his or her post is medically inadvisable, even if the worker does not have an occupational disease, and that such arrangements do not adversely affect rights under social security and social insurance.

13. Article 12. The Committee notes the Government's indication that the institutions of the SCOSIIM must be notified of the processes, substances, machinery and equipment which present occupational hazards. The Government is requested to indicate: the procedures which govern such notification; the types of processes, substances, machinery and equipment determined by the competent authority which must be notified; and whether the notification procedures cover all branches of economic activity covered by the Convention. The Government is also requested to provide a copy of the Regulations No. 361 on State Health Inspection approved by order of the Council of Ministers on 31 May 1973.

14. Article 15. The Committee notes the Government's indication that, by order of a technical safety and occupational health inspectorate, the management of an enterprise is required to implement a set of measures to ensure normal working conditions either by its own means or by the means of a competent service. The Government is requested to indicate the conditions and the circumstances determined by the competent authority under which the employer must appoint a competent person or service to deal with the issues relating to occupational safety and health.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee notes from the Government's last report that the requirements and standards contained in the Fundamental Sanitary Rules for Work with Radioactive Substances and Other Sources of Ionising Radiation (OSP-72/80) and the Standards of Radiation Safety (NRB-76) were taken into account in the implementation of measures to ensure the safety of personnel engaged in the various types of work to eliminate the effects of the accident at the Chernobyl atomic power station.

The Committee further notes that the USSR Ministry of Health is planning to elaborate an updated edition of the Standards of Radiation Safety (NRB-76). In this regard, the Committee refers to its general observation on the application of the Convention. It hopes that the next report will contain the information requested in this observation and will indicate the progress made in the adoption of a new edition of NRB-76.