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

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 occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 148 (working environment (air pollution, noise and vibration)), 155 (OSH), 162 (asbestos), 167 (OSH in construction), and 187 (promotional framework for OSH) together.

General provisions

Occupational Safety and Health Convention, 1981 (No. 155) and Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

I. Action at the national level

The Committee notes the information provided by the Government regarding Article 4(3)(e) of Convention No. 187 (research on OSH) which addresses its previous request.

Article 2 of Convention No. 155. Scope. The Committee notes that, pursuant to its sections 1(43) and 8(2), the Labour Code is only applicable to workers with an employment contract and that, consequently, employed persons without an employment contract would not benefit from the OSH protection provided for in the Labour Code. The Committee requests the Government to provide information regarding the measures taken to ensure adequate protection for employed persons not covered by the Labour Code.

Article 2(3) of Convention No. 187. Measures that could be taken, in consultation with social partners, to ratify relevant OSH Conventions of the ILO. The Committee notes that the Action Plan for the implementation of the Concept of Safe Labour of the Republic of Kazakhstan for 2024-2030 envisages consideration of the ratification of the Safety and Health in Mines Convention, 1995 (No. 176). The Committee requests the Government to continue to provide information on the manner in which consideration is given to measures that could be taken to ratify relevant OSH Conventions, including information on consultations undertaken on the ratification of Convention No. 176.

National policy

Article 3(3) of Convention No. 187. Measures to promote basic OSH principles and to develop a national preventative safety and health culture in consultation with the most representative organizations of employers and workers. In reply to the Committee’s previous request on the implementation of the Road Map for the introduction of an occupational risk management system, the Government indicates in its report that the Labour Code was amended in 2020, introducing an occupational safety management system based on assessing workplace hazards, aiming to prevent serious harm to workers’ health and ensure continuous safety improvements. The Committee notes that this was accompanied by Order No. 363 of 11 September 2020 which approved the Rules for managing occupational risks. It notes that, under the amended Labour Code, employers are required to assess and mitigate occupational risks by upgrading equipment and processes, informing workers of hazards, and conducting safety monitoring. The Government indicates that the Concept of Safe Labour for 2024–30 was adopted in 2023, following tripartite consultations. According to the Government, the Concept of Safe Labour for 2024–30 follows a risk-oriented approach and aims to comprehensively address occupational safety by promoting risk assessment, reducing hazards, and improving working conditions. The Committee notes the Government’s indication that a range of training and awareness-raising activities have been conducted on OSH, including the organization of the 12th Kazakhstan International Occupational Safety and Health Conference. The Committee requests the Government to continue to provide information on the measures taken to develop a national preventative safety and health culture in consultation with the most representative organizations of employers and workers concerned, including information on the implementation of the Concept of Safe Labour for 2024–30.

Article 5(b) of Convention No. 155. The relationship between material elements of work and persons who carry out or supervise the work. In reply to the Committee’s previous request, the Government indicates that the implementation of the national policy on OSH, includes the development and introduction of safe workplace practices aimed at creating a healthy working environment and contributing to the minimization of health risks for workers by taking into account the need to adapt the work process and working conditions to workers’ needs, including both the physical and mental characteristics of workers. The Committee recalls that Article 5(b) requires that the national OSH policy takes into account the relationships between the material elements of work and the persons who carry out or supervise the work, and adaptation of machinery, equipment, working time, organisation of work and work processes to the physical and mental capacities of the workers. The Committee requests the Government to provide further information on the extent to which the national OSH policy takes into account all the elements listed in Article 5(b) of the Convention and indicate any relevant legislation adopted in this respect.The Committee requests the Government to provide further information on the mentioned safe workplace practices that take into account the relationship between material elements of work and persons who carry out the work.

National system

Article 4(3)(g) of Convention No. 187. Collaboration with relevant insurance or social security schemes covering occupational injuries and diseases. The Committee notes that the Action Plan for the implementation of the Concept of Safe Labour for 2024-2030 envisages: (i) the introduction of a two-component insurance rate on the basis of professional risk classification based on the type of economic activity and the results of a professional risk assessment; and (ii) the introduction of a mechanism of financing the employer's expenses for preventive and rehabilitation measures. The Committee requests the Government to provide further information on the process of introducing the two-component insurance rates and provide information on the collaboration between the social security system and authorities responsible for OSH.

Article 4(3)(h) of Convention No. 187. Support mechanisms for a progressive improvement of occupational safety and health conditions in microenterprises, in small and medium-sized enterprises and in the informal economy. The Committee notes that under the Action Plan for the implementation of the Concept of Safe Labour for 2024-2030 a simplified procedure for assessing professional risk in small and micro-enterprises is envisaged with the introduction of the possibility of a rapid assessment of professional risk (including using an online format) in small and micro-enterprises. In this context, simplified requirements will be developed for a rapid assessment for certain “low-risk” industries. The Committee requests the Government to provide information on the progress made regarding the adoption of the mentioned support mechanisms for micro and small enterprises. It requests the government to indicate if any support mechanisms for the progressive improvement of OSH conditions are envisaged for medium-sized enterprises. The Committee once again requests the Government to provide information on any measures taken to support the progressive improvement of OSH conditions in the informal economy.

Article 9 of Convention No. 155 andArticle 4(2)(c) of Convention No. 187. Mechanisms for ensuring compliance with national laws and regulations. Inspection and adequate penalties. Application in practice. The Committee notes that according to the information provided in the Government’s report under the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), there were 2,336 OSH violations detected in 2019 and 2,096 in 2020.The Government indicates that the Ministry of Labour and Social Protection publishes information on the labour inspectorate’s work and regularly prepares the National Review of Occupational Safety. The Government also indicates that the last National Review, covering statistical information for 2020-22, was published in 2023. The Committee notes that the Concept of Safe Labour for 2024-30 aims inter alia at increasing the effectiveness of supervision and monitoring in occupational safety. In this respect, the Committee requests the Government to refer to its comments concerning Conventions Nos 81 and 129. The Committee also requests the Government to provide further information on the application in practice of Conventions Nos 155 and 187, including on the number and type of inspections and investigations carried out, on the number and type of violations detected and the penalties imposed, as well as on the number, nature and cause of occupational accidents and diseases reported.

National programme

Article 5 of Convention No. 187. National OSH programme. Objectives, targets and indicators of progress. The Committee notes with interest the Action Plan for the Implementation of the Safe Labour Concept of the Republic of Kazakhstan for 2024-30. The Government indicates that the Action Plan provides for specific directions, target indicators and timeframe for completion of certain activities. The Committee notes that the Action Plan has been based on an analysis of the current situation and global trends in occupational safety management. The Committee requests the Government to provide information on the implementation of the National Programme for OSH, including the activities carried out and the results achieved within its framework. It also requests the Government to provide information on the consultations undertaken with the most representative organizations of employers and workers in the programme’s implementation, monitoring and evaluation. It requests the Government to provide information on the progress achieved as regards the targets identified in the programme.

II. Action at the level of the undertaking

Article 16(2) of Convention No. 155. Provisions requiring employers to ensure that the chemical, physical and biological substances and agents under their control are without risk to health. The Committee notes that under section 182(2) of the Labour Code, the employer is obliged to assess the occupational risk and take measures to minimize it and eliminate it by preventing and replacing production equipment and technological processes with safer ones. Further, the Committee notes that, pursuant to the Rules for managing occupational risks, the analysis of hazards examines chemical, biological and physical factors and requires the approval of an action plan for occupational risks management. The Committee requests the Government to provide further information on the measures taken, in accordance with Article 16(2), to require employers to ensure that the chemical, physical and biological substances and agents under their control are without risk to health when the appropriate protection measures are taken.

Article 17 of Convention No. 155. Duty to collaborate. The Committee notes that section 184 of the Labour Code was amended in 2020 to introduce a new provision on coordination between employers when they carry out works simultaneously, specifically at construction sites. The Committee requests the Government to indicate the measures taken or envisaged to ensure cooperation between employers carrying out activities simultaneously in the same workplace, in workplaces other than construction sites.

Article 4(3)(c) of Convention No. 187 and Article 19(d) of Convention No. 155. Training in OSH. Arrangements to give workers’ representatives appropriate training in OSH. The Committee notes that section 182(2) points 2 and 3 of the Labour Code require the employer to provide employees with training and instruction on OSH and Order of the Minister of Health and Social Development of No. 1019 of 25 December 2015 provides for the rules and timeframes for training, instruction for employees, managers and persons responsible for ensuring occupational safety and health. At the same time, the Committee notes that the Concept of Safe Labour for 2024-30 points to a series of shortcomings in the area of training in OSH which have contributed to the occurrence of accidents and include the shortage of qualified personnel and the lack of quality trainings. The Committee notes that the Concept of Safe Labour mentions that the detected violations related to the organization of training and instructions increased from 255 in 2020 to 306 in 2022. The Committee requests the Government to provide further information on the provision of OSH training and indicate the measures taken or envisaged to address the shortcomings identified in the Concept of Safe Labour 2024-30. In addition, the Committee requests the Government to provide further information on the measures taken to ensure that workers’ representatives in the undertaking are given appropriate training on OSH.

Protection against specific risks

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

Article 6(2) of the Convention. Duty to collaborate. With reference to its comments regarding the application of Article 17 of Convention No. 155, the Committee requests the Government to provide information on the measures adopted to ensure cooperation between employers carrying out activities simultaneously in the same workplace, in establishments other than construction sites, and to provide information on the implementation of these procedures as regards air pollution, noise and vibration, both in law and practice.

Article 8. Criteria and exposure limits, revision of criteria at regular intervals and recourse to technical expertise in relation thereto. In its previous comments the Committee noted the adoption of Government Resolution No. 168 of 25 January 2012 which set out disease control requirements in the working environment involving physical hazards (noise, vibration, temperature, ionizing radiation, etc.) which has now been repealed. The Committee notes the Government’s indication that pursuant to Paragraph 18 of Order No. 1057 of 2015, approving the Rules for compulsory periodic certification of production facilities in relation to working conditions, certification committees shall draw up an action plan to improve working conditions classified as hazardous, which shall provide for measures to reduce the level of exposure to harmful production factors or the length of exposure. The Committee requests the Government to indicate thenational legislation currently applicable that establishes the criteria and exposure limits to air pollution, noise and vibration, and to communicate a copy of the relevant legal text. The Committee also requests the Government to indicate the manner in which the competent authority has taken into account the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned, in the elaboration of the criteria and the determination of exposure limits. It further requests the Government to provide information regarding the regular revision of criteria and exposure limits in the light of current knowledge and data, taking into account as far as possible any increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace, in accordance with Article 8(3) of the Convention.

Article 12. Notification requirements concerning the use of processes, substances, machinery and equipment. Noting the absence of relevant information, the Committee requests the Government to indicate whether the use of any processes, substances, machinery and equipment, which involve exposure of workers to occupational hazards due to air pollution, noise or vibration, have been determined by the competent authority as requiring notification. In case such notification procedures exist, the Committee requests the Government to indicate the relevant legislation and to identify the competent authority for the purposes of this Article of the Convention and indicate whether the competent authority may authorise the use on prescribed conditions or prohibit such processes or substances.

Application in practice. The Committee notes that according to the analysis in the Concept of Safe Labour for 2024-2030, in 2022, 386,300 people were employed in conditions that did not meet sanitary and hygienic requirements (high noise and vibration levels, high levels of air pollution and pollination of working areas, and unfavourable temperature). The Committee requests the Government to provide further information on the manner in which the Convention is applied in the country, including, the number and nature of contraventions reported in relation to the application of the Convention, the number and nature of work-related accidents and diseases caused by air pollution, noise or vibration and the measures, taken or envisaged, to address the causes of such accidents and diseases.

Asbestos Convention, 1986 (No. 162)

Article 1 of the Convention. Scope of application. The Committee once again requests the Government to provide information on the measures taken to ensure the full application of the Convention to all activities involving exposure of workers to asbestos in the course of work, including, but not limited to, work in the construction sector.

Article 4. Consultations with the most representative organizations of employers and workers. Following its previous comments, the Committee notes the Government’s indications that: (i) section 147(2) of the Labour Code provides for the functioning of social partnership commissions on labour matters at national, sectoral and regional levels; (ii) all OSH legislation is adopted in consultation with workers’ and employers’ organizations; and (iii) there is active participation of workers in the development and implementation of safe workplace practices. The Committee requests the Government to provide information on the consultations carried out with the most representative organizations of employers and workers concerned, including in the framework of the national, sectoral or regional labour commissions, concerning the measures to be taken to give effect to the provisions of the Convention and on the results of such consultations.

Article 6(2). Cooperation between employers undertaking activities simultaneously at one workplace. With reference to its comments regarding the application of Article 17 of Convention No. 155, the Committee requests the Government to provide information on the measures adopted to ensure cooperation between employers carrying out activities simultaneously in the same workplace, in establishments other than construction sites where workers are exposed to asbestos in the course of their work.

Article 11. Prohibition of the use of crocidolite. The Committee previously noted the Government’s indication that crocidolite and products containing crocidolite are not used in the country, but did not refer to any legislative prohibition. The Committee once again requests the Government to take the necessary measures to give legislative effect to Article 11 of the Convention and prohibit the use of crocidolite and products containing this fibre. It also requests the Government to provide information on whether crocidolite is extracted or processed in the country.

Article 12(1). Prohibition concerning the spraying of all forms of asbestos. Following its previous comments, the Committee recalls the Government’s indication, in its previous report, that the spraying of asbestos is prohibited. The Committee therefore once again requests the Government to provide information on the legislative measures adopted to give effect to Article 12(1) of the Convention.

Article 15(1) and (2). Prescription of the limits of exposure of workers to asbestos and review of these limits. The Committee notes the Government’s indication that pursuant to Paragraph 18 of Order No. 1057 of 2015, approving the Rules for compulsory periodic certification of production facilities in relation to working conditions, certification committees shall draw up an action plan to improve working conditions classified as hazardous, which shall provide for measures to reduce the level of exposure to harmful production factors. In this respect, the Committee requests the Government to provide information on the limits prescribed for the exposure of workers to asbestos, as well as information on the periodic review of these limits in the light of technological progress and advances in technological and scientific knowledge, in accordance with Article 15(1) and (2) of the Convention.

Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

The Committee notes the information provided by the Government in reply to its previous request concerning the measures giving effect to the following provisions of the Convention: Article 6 on cooperation between employers and workers, Article 8(1)(a) and (c) on cooperation between two or more employers undertaking activities simultaneously at one construction site, Article 9 on design and planning of a construction project, Article 10 on workers’ right and duty to participate in ensuring safe working conditions, Article 11(a) and (b) on workers’ duties , Article 13 on safety of workplaces, Article 14(1) and (3) on scaffolds and ladders, Article 15(1) on lifting appliances and gear, Article 17 on plant, machinery, equipment and hand tools, Article 18 on work at heights, Art 19(a) and (b) on excavations, shafts, earth works, underground works and tunnels, Article 25 on suitable lighting, Article30(2) and (3) on personal protective equipment and protective clothing, Article 31 on first aid, Article 34 on reporting of accidents and diseases, and Article 35(a) on enforcement.

It notes however an absence of information on the effect given in law and in practice to a number of Articles of the Convention. In this respect, the Committee notes that a new Construction Code is currently being drafted. The Committee requests the Government to provide information on the measures adopted to give effect to the following Articles of the Convention including in the context of the development of the new Construction Code:

• Article 8(1)(b) on the responsibility of the principal contractor to nominate a competent person or body during their absence when simultaneous activities of two or more employers are taking place at a construction site;
• Article 14(2) and (4) on the provision of suitable and sound ladders secured against inadvertent movement and inspection of scaffolds by a competent person;
• Article 15(2) on the prohibition of raising, lowering or carrying persons unless lifting appliances are constructed, installed and used for that purpose;
• Article 16 on transport, earth-moving and materials-handling equipment;
• Article 19(c)(d) and (e) on excavation, shaft, earthworks, underground works or tunnels;
• Article 20 on cofferdams and caissons;
• Article 21 on work in compressed air;
• Article 22 on structural frames and formwork;
• Article 23 on work over or in close proximity to water;
• Article 24 on demolition works;
• Article 26 on electricity;
• Article 27 on explosives;
• Article 28 on health hazards; and
• Article 29 on fire precautions

Articles 1(3), 7 and 8(2) of the Convention. Self-employed persons. The Committee notes that there is no information regarding the applicability of the Convention to self-employed persons and whether obligations placed on employers also apply to self-employed persons. The Committee once again requests the Government to provide information on any measures taken giving effect to these Articles of the Convention.

Article 3. Consultations with the most representative organizations of employers and workers. The Committee notes that pursuant to section 147 and 148 of the Labour Code, cooperation between the social partners is ensured through social partnership bodies, in the form of national, sectoral and regional commissions. The Committee requests the Government to provide information specifically on the consultations held regarding occupational safety and health in the construction sector, including within these commissions, and on the outcome of these consultations. It also requests information on the consultations regarding the new Construction Code.

Article 4. Assessment of safety and health hazards. The Committee notes that according to section 16 of the Labour Code, the authorised state body for labour organizes OSH monitoring and assessment of risks. The Committee requests the Government to provide further information on the risk assessment conducted by the state labour authority, and to specify how it is taken into account in the adoption of laws and regulations applying the provisions of the Convention, including in the development of the new Construction Code.

Article 5. Technical Standards or Code of practice. Due regard given to relevant standards adopted by international organizations in the field of standardization.The Committee requests the Government to indicate the currently applicable technical standards. It requests the Government to indicate the manner in which it gives due regard to the relevant standards adopted by recognized international organizations in the field of standardization, in its adoption and maintenance in force of laws or regulations giving effect to this Convention.

Application of the Convention in practice. The Committee notes an absence of information specific regarding its previous request on the application of the Convention. Further, the Committee notes that according to the Concept of Safe Labour for 2024-2030 the worst rates of hidden injuries are observed in the construction industry and agriculture. The Committee requests the Government to provide statistical information on the number of occupational accidents and diseases registered in the construction sector, as well as on the number of inspections and their outcomes.

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

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

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

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

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

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Further to its observation, the Committee notes the information provided by the Government in its latest report, and the attached documentation, indicating recent legislative amendments, including Labour Code No. 251 of 15 May 2007 and Resolution No. 851 approving the regulations on the organization and conduct of state control in the field of occupational safety and health of 27 November 2007, which give further effect to the provisions of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the Convention.

Article 5, paragraph 4, of the Convention. Rights of representatives of employers and workers. The Committee notes the information provided by the Government indicating the individual labour relations and occupational safety and health responsibilities of the Government, and the national employers’ and workers’ organizations. The Committee further notes the information that under developing practice, the state inspectorate of labour is accompanied by a representative of the management (employer) in exercising control of compliance with legislation on occupational safety and health. The Committee asks the Government to provide further information on the measures undertaken or envisaged to ensure that representatives of workers of the undertaking have the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of this Convention.

Article 6, paragraph 2. Duty to collaborate. The Committee welcomes the information indicating that the Government has ratified the Safety and Health in Construction Convention, 1988 (No. 167). The Committee asks the Government to indicate the measures undertaken or envisaged to ensure that 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 occupational safety and health measures.

Article 8, paragraphs 2 and 3. Procedures for determining exposure limits. The Committee notes the information provided by the Government indicating the national legislation which establishes the criteria for determining hazards of exposure to air pollution, noise and vibration in the working environment. The Committee reiterates its requests that the Government indicate whether the opinion of 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; and whether such criteria and exposure limits are revised regularly in the light of current national and international knowledge.

Article 12. Notification requirements concerning the use of processes, substances, machinery and equipment. The Committee notes the information provided by the Government, as in its previous report, on the authorities competent to exercise control over processes and use of substances, machinery and equipment which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration. The Committee reiterates its request that the Government provide further information on the processes, substances, machinery and equipment, the use of which must be notified to the competent authority.

Part IV of the report form. Application in practice. The Committee notes the information provided by the Government indicating that in 2008, the state inspectorate of labour carried out over 23,000 inspections of enterprises and organizations and that more than 119,000 violations of labour legislation were discovered in the course of inspections. The Committee further notes that as a result of the inspections, over 23,859 orders were issued to eliminate violations, and that in 2008, there were 2,444 cases of occupational accidents reported, of which 404 were fatal. The Committee notes that the number of occupational accidents has decreased since 2006. The Committee asks the Government to continue to provide information on the application of the Convention in practice, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents reported.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report does not provide further information on the 1998 observations by the Air Crew Trade Union of Alma Ata regarding the situation of the 80 Kazakh civil aviation staff members that allegedly suffered occupational illness, and became disabled, as a result of excessive exposure to noise and vibration in their work. The Committee urges the Government to respond to the Committee’s longstanding request for information and, with reference to paragraph 4 of Article 11 of the Convention, to also provide information on measures undertaken or envisaged to ensure that the rights of workers under social security or social insurance legislation are not adversely affected by the implementation of this Convention.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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 matters raised in its previous direct request, which read as follows:

Further to its observation, the Committee notes the Government’s reports and the legislation appended thereto including Law No. 493 of 10 December 1999 on Labour, Law No. 20 of 23 December 2004 on amendments, and supplements to the Law on Labour and Law No. 528 of 28 February 2004 on Occupational Safety and Health.

Article 5, paragraph 4, of the Convention. Rights of representatives of employers and workers. The Committee notes that the report is silent as regards the question of how effect is given to this provision. The Committee requests the Government to provide supplementary information on how effect is given to the requirement that employer and representatives of the workers of the undertaking should be offered the opportunity to accompany inspectors  supervising the application of this Convention. 

Article 6, paragraph 2. Duty to collaborate. The Committee notes that the report is silent as regards the question of how effect is given to this provision. The Committee requests the Government to provide supplementary information on how effect is given to the provision that when two or more employers undertaking activities simultaneously at one workplace they shall have the duty to collaborate in order to comply with the prescribed OSH measures.

Article 8, paragraphs 2 and 3. Procedures for determining exposure limits. The committee notes that while reference is made to numerous national standards establishing exposure limits, the Governments’ reports are silent as regards the procedure for determining these criteria. The Committee requests the Government to provide supplementary information on the procedures for determining relevant exposure limits for noise, vibration and air pollution; whether the opinion of technically competent persons designated by the most representative organizations of employers and workers are taken into account in this context; and whether these exposure limits are supplemented and revised regularly in the light of current national and international knowledge and data.

Article 12. Notification requirements concerning the use of processes, substances, machinery and equipment. The Committee requests the Government to provide additional information regarding the notification requirements of specific processes, substances, machinery and equipment, which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, and whether the competent authority may authorize its use on prescribed conditions or prohibit such processes or substances.

Part IV of the report form. Application in practice. The Committee requests the Government to provide detailed information on the practical application of the Convention in the country, including extracts from labour inspection services reports, statistical information on the number of workers covered by the legislation, disaggregated by gender, if available, the number and nature of contraventions reported and actions taken.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 11, paragraph 4, of the Convention. No adverse effect on the social security rights of workers. With reference to its previous comments and the observations by the Air Crew Trade Union of Alma Ata submitted in 1998, the Committee notes the general information provided by the Government concerning the provisions in the Civil Code on obligations arising as a result of injury, and the Act concerning compulsory civil liability insurance for employers from harm to the life and health of workers and that this information does not address the specific situation of the 80 members of staff of the Kazakhstan civil aviation that allegedly suffered occupational illness and became disabled as a result of excessive exposure to noise and vibration in their work. With reference to the observations made by the Air Crew Trade Union of Alma Ata, submitted already some time ago, and its previous comments, the Committee urges the Government to take any appropriate action and to provide full particulars regarding the rights of the workers involved under social security or social insurance legislation that may have been adversely affected in this regard.

The Committee is addressing a request on other matters directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Further to its observation, the Committee notes the Government’s reports and the legislation appended thereto including Law No. 493 of 10 December 1999 on Labour, Law No. 20 of 23 December 2004 on amendments, and supplements to the Law on Labour and Law No. 528 of 28 February 2004 on Occupational Safety and Health.

2. Article 5, paragraph 4, of the Convention. Rights of representatives of employers and workers. The Committee notes that the report is silent as regards the question of how effect is given to this provision. The Committee requests the Government to provide supplementary information on how effect is given to the requirement that employer and representatives of the workers of the undertaking should be offered the opportunity to accompany inspectors  supervising the application of this Convention. 

3. Article 6, paragraph 2. Duty to collaborate. The Committee notes that the report is silent as regards the question of how effect is given to this provision. The Committee requests the Government to provide supplementary information on how effect is given to the provision that when two or more employers undertaking activities simultaneously at one workplace they shall have the duty to collaborate in order to comply with the prescribed OSH measures.

4. Article 8, paragraphs 2 and 3. Procedures for determining exposure limits. The committee notes that while reference is made to numerous national standards establishing exposure limits, the Governments’ reports are silent as regards the procedure for determining these criteria. The Committee requests the Government to provide supplementary information on the procedures for determining relevant exposure limits for noise, vibration and air pollution; whether the opinion of technically competent persons designated by the most representative organizations of employers and workers are taken into account in this context; and whether these exposure limits are supplemented and revised regularly in the light of current national and international knowledge and data.

5. Article 12. Notification requirements concerning the use of processes, substances, machinery and equipment. The Committee requests the Government to provide additional information regarding the notification requirements of specific processes, substances, machinery and equipment, which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, and whether the competent authority may authorize its use on prescribed conditions or prohibit such processes or substances.

6. Part IV of the report form. Application in practice. The Committee requests the Government to provide detailed information on the practical application of the Convention in the country, including extracts from labour inspection services reports, statistical information on the number of workers covered by the legislation, disaggregated by gender, if available, the number and nature of contraventions reported and actions taken.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

2. Article 11, paragraph 4, of the Convention. No adverse effect on the social security rights of workers. With reference to its previous comments and the observations by the Air Crew Trade Union of Alma Ata submitted in 1998, the Committee notes the general information provided by the Government concerning the provisions in the Civil Code on obligations arising as a result of injury, and the Act concerning compulsory civil liability insurance for employers from harm to the life and health of workers and that this information does not address the specific situation of the 80 members of staff of the Kazakhstan civil aviation that allegedly suffered occupational illness and became disabled as a result of excessive exposure to noise and vibration in their work. With reference to the observations made by the Air Crew Trade Union of Alma Ata, submitted already some time ago, and its previous comments, the Committee urges the Government to take any appropriate action and to provide full particulars regarding the rights of the workers involved under social security or social insurance legislation that may have been adversely affected in this regard.

The Committee is addressing a request on other matters directly to the Government.

[The Government is asked to reply in detail to the present comments in 2008.]

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

1. The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee noted the comments made by the Air Crew Trade Union of Alma Ata. The union indicated that 80 staff of Kazakhstan civil aviation who suffered occupational illness and became disabled as a result of noise and vibration in excess of the permitted levels, and members of the families of air crew staff who have been killed, have been awarded compensation from the State National Company NAAK "Kazakhstan aue zholy". On 20 August 1996, by a Government Decree and on the basis of NAAK assets, the state national airline "Air Kazakhstan", a closed joint stock company, was established and the state shares were transferred to it. Air Kazakhstan now refuses to pay the compensation awarded to the staff on grounds that it does not regard itself as the legal successor to NAAK with regard to payment of the latter’s debts, since there is no specific mention of this in its constituent documents. Under sections 46 and 47 of the Kazakhstan Civil Code, if state-owned means of production are transferred, any obligations in respect of compensation to workers who become disabled as a result of work are also transferred. No mention of this was made in either the Government Decree which is the transfer document, or in any other documents of the new company.

The union further stated that in May 1997, the Prosecutor-General of the Republic of Kazakhstan acknowledged that the new law had been violated and proposed an appropriate amendment to the Government Decree and the company’s constituent documents. However, the Government decided to go ahead with the closure of NAAK rather than bringing the Decree into conformity with the legislation. In February 1998, the NAAK was declared bankrupt. Under section 50(9) of the Civil Code, where such a company has insufficient assets to continue trading, the Government, as owner, was obliged to meet the legitimate demands of former employees of the state enterprise from its own funds, by returning part of the assets needed to meet the demands of creditors, especially citizens who have suffered loss because of the enterprise.

The union considered that, given sufficient goodwill, former aircrew members who are now disabled should have a legal basis for protecting their health and citizens below the age of majority should receive benefits for the loss of a parent.

The Committee recalled that Article 11, paragraph 4, of the Convention, requires that rights of workers under social security or social insurance legislation should not be adversely affected in implementing the Convention. It therefore requested the Government to provide full particulars regarding the rights of the workers involved under social security or social insurance legislation that may have been adversely affected in this regard.

2. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee noted the comments made by the Air Crew Trade Union of Alma Ata. The union indicated that 80 staff of Kazakhstan civil aviation who suffered occupational illness and became disabled as a result of noise and vibration in excess of the permitted levels, and members of the families of air crew staff who have been killed, have been awarded compensation from the State National Company NAAK "Kazakhstan aue zholy". On 20 August 1996, by a Government Decree and on the basis of NAAK assets, the state national airline "Air Kazakhstan", a closed joint stock company, was established and the state shares were transferred to it. Air Kazakhstan now refuses to pay the compensation awarded to the staff on grounds that it does not regard itself as the legal successor to NAAK with regard to payment of the latter’s debts, since there is no specific mention of this in its constituent documents. Under sections 46 and 47 of the Kazakhstan Civil Code, if state-owned means of production are transferred, any obligations in respect of compensation to workers who become disabled as a result of work are also transferred. No mention of this was made in either the Government Decree which is the transfer document, or in any other documents of the new company.

The union further stated that in May 1997, the Prosecutor-General of the Republic of Kazakhstan acknowledged that the new law had been violated and proposed an appropriate amendment to the Government Decree and the company’s constituent documents. However, the Government decided to go ahead with the closure of NAAK rather than bringing the Decree into conformity with the legislation. In February 1998, the NAAK was declared bankrupt. Under section 50(9) of the Civil Code, where such a company has insufficient assets to continue trading, the Government, as owner, was obliged to meet the legitimate demands of former employees of the state enterprise from its own funds, by returning part of the assets needed to meet the demands of creditors, especially citizens who have suffered loss because of the enterprise.

The union considered that, given sufficient goodwill, former aircrew members who are now disabled should have a legal basis for protecting their health and citizens below the age of majority should receive benefits for the loss of a parent.

The Committee recalled that Article 11, paragraph 4, of the Convention, requires that rights of workers under social security or social insurance legislation should not be adversely affected in implementing the Convention. It therefore requested the Government to provide full particulars regarding the rights of the workers involved under social security or social insurance legislation that may have been adversely affected in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s reports on the application of the Convention. It will examine them in detail at its next session.

The Committee also notes the comments made by the Air Crew Trade Union of Alma Ata. The union indicates that 80 staff of Kazakhstan civil aviation who suffered occupational illness and became disabled as a result of noise and vibration in excess of the permitted levels, and members of the families of air crew staff who have been killed, have been awarded compensation from the State National Company NAAK "Kazakhstan aue zholy". On 20 August 1996, by a Government Decree and on the basis of NAAK assets, the state national airline "Air Kazakhstan", a closed joint stock company, was established and the state shares were transferred to it. Air Kazakhstan now refuses to pay the compensation awarded to the staff on grounds that it does not regard itself as the legal successor to NAAK with regard to payment of the latter’s debts, since there is no specific mention of this in its constituent documents. Under sections 46 and 47 of the Kazakhstan Civil Code, if state-owned means of production are transferred, any obligations in respect of compensation to workers who become disabled as a result of work are also transferred. No mention of this was made in either the Government Decree which is the transfer document, or in any other documents of the new company.

The union further states that in May 1997, the Prosecutor-General of the Republic of Kazakhstan acknowledged that the new law had been violated and proposed an appropriate amendment to the Government Decree and the company’s constituent documents. However, the Government decided to go ahead with the closure of NAAK rather than bringing the Decree into conformity with the legislation. In February 1998, the NAAK was declared bankrupt. Under section 50(9) of the Civil Code, where such a company has insufficient assets to continue trading, the Government, as owner, is obliged to meet the legitimate demands of former employees of the state enterprise from its own funds, by returning part of the assets needed to meet the demands of creditors, especially citizens who have suffered loss because of the enterprise.

The union considers that, given sufficient goodwill, former aircrew members who are now disabled should have a legal basis for protecting their health and citizens below the age of majority should receive benefits for the loss of a parent.

The Committee recalls that Article 11, paragraph 4, of the Convention requires that rights of workers under social security or social insurance legislation should not be adversely affected in implementing the Convention. It therefore requests the Government to provide full particulars regarding the rights of the workers involved under social security or social insurance legislation that may have been adversely affected in this regard.