Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - Kyrgyzstan (Ratification: 1992)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 119 (guarding of machinery), 120 (hygiene (commerce and offices)), 148 (working environment (air pollution, noise and vibration)), and 184 (safety and health in agriculture) together.

Application in practice of Conventions Nos 115, 119, 120, 148 and 184. Following its previous comments, the Committee notes the information provided by the Government on the application in practice of Conventions Nos 120 and 148.

With regard to Convention No. 120, the Government indicates that in 2023, 26,306 facilities were inspected, 19,435 sanitary instructions were sent to the heads of commerce and offices to eliminate violations, and 7,738 fines were imposed in the amount of 33,965,000 Kyrgyz som (approximately US$389,237.37). It further indicates that operations were suspended at 982 facilities and 184 cases were transferred to law enforcement agencies, 43 of them to judicial authorities.

The Government also indicates that measurements of maximum permissible levels were conducted to prevent air pollution in the working environment and reduce noise and vibration, including noise measurements at 509 workplaces (comprising 4,250 surveys, of which 1,430 were abnormal), vibration measurements at 56 workplaces (407 surveys, of which 147 were abnormal), and dust and hazardous chemical measurements at 1,038 workplaces, of which 166 were abnormal. It further indicates that fines amounting to 899,000 Kyrgyz som (approximately US$10,276) were imposed on 130 persons responsible for violating sanitary rules and regulations and 840 sanitary orders were issued to remedy sanitary infractions and improve hygienic conditions in workplaces. With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to continue to provide information on the measures taken in practice to enforce the laws and regulations concerning occupational safety and health and the working environment. In this respect, it also requests the Government to continue to provide information on the number, nature and cause of the occupational accidents and diseases notified, as well as information on the inspection activities carried out.

Article 1 of Convention No. 115 and Article 5(1), (2) and (3) of Convention No. 148. Consultation, collaboration and association of employers and workers in the implementation of measures concerning the protection of risks from radiation, air pollution, noise and vibration. The Committee once again requests the Government to provide information on how the competent authority ensures the consultation with representatives of employers and workers in the implementation of the measures giving effect to Conventions Nos 115 and 148.

Article 12 of Convention No. 115 and Article 11 of Convention No. 148. Medical examinations. The Committee once again requests the Government to provide information on the application in practice of section 11 of the Occupational Safety and Health Act of 2003 and Decision No. 225 of 2011 concerning Instructions on the Conduct of Mandatory Pre-employment and Periodical Medical Examinations of Workers, indicating the number of medical examinations carried out on workers exposed to ionizing radiations, air pollution, noise and vibration prior to employment and at regular intervals thereafter.

Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 1 of the Convention. Competent authority. Further to its previous comments, the Committee notes the Government’s indication that the Department of Disease Prevention and State Sanitary and Epidemiological Surveillance of the Ministry of Health is the competent authority responsible for applying the provisions of the Convention. It indicates that, in accordance with the Regulations approved by Government Resolution No. 319 of 2013, the Department participates in the implementation of the State policy on radiation safety, carries out supervision of technical regulations on radiation protection in workplaces and takes corresponding measures in accordance with the legislation (section 7 (a), (b)). The Committee takes note of this information, which responds to its previous request.

Articles 3(1) and 6(2). Consideration of current knowledge on radiation protection in the protection of workers. Constant review in the light of current knowledge of permissible doses and amounts. Following its previous comments, the Committee notes the Government’s reference to the Technical Regulations on Radiation Safety, Act No. 224 of 2011, which regulates radiation safety requirements for all activities related to the exposure of workers to ionizing radiation in the course of their work. It notes that section 28 of the Technical Regulations provides that the state of radiation safety should be assessed in accordance with the relevant standards. It also notes that the Technical Regulations establish a permissible dose limit of 150 mSv for the lens of the eye (section 6(2)) and permissible dose limits for students in training using sources of ionizing radiation equivalent to one fourth of the values established for Group A personnel (corresponding to an effective dose of 5 mSv in a year, an equivalent dose to the lens of the eye of 37.5 mSv in a year, and an equivalent dose to the extremities (hands and feet) or to the skin of 125 mSv in a year (section 6(2) and (8)).

The Committee wishes to draw the Government’s attention to paragraphs 11, 13 and 32 of its 2015 general observation on the Convention concerning the recommended dose limits for occupational exposure for the lens of the eye (20 mSv per year). The Committee once again requests the Government to provide information on the measures taken in order to bring the dose limit for the lens of the eye (set at 150 mSv for workers over 18 and 37.5 mSv for students in training) to an equivalent dose of 20 mSv per year, in line with the 2007 Recommendations of the International Commission on Radiological Protection. It also requests the Government to provide information on the measures adopted within the framework of the aforementioned project to bring the regulatory framework into line with international safety standards, including the dose limits established for the lens of the eye.

Article 9. Appropriate warnings to indicate the presence of hazards from ionizing radiations and instruction of workers engaged in radiation work. Further to its previous comments, the Committee notes the Government’s indications that, pursuant to Act No. 58 of 1999 on the Radiation Safety of the Population, organizations in which radiological accidents may occur are required to: (i) have warning means to protect workers from radiological accidents (section 18); (ii) conduct training and certification of workers, specialists of industrial control services and other persons permanently or temporarily performing work with sources of ionizing radiation on issues related to radiation safety; and (iii) periodically inform workers about the levels of ionizing radiation at their workplaces and the amount of individual radiation doses they have received (section 13). While noting that section 18 of the Act No. 58 of 1999 provides for warnings to protect workers from radiological accidents,the Committee requests the Government to indicate the legislative measures taken to ensure that appropriate warnings be used to indicate the presence of hazards from ionizing radiation (for example, warnings indicating the appropriate distance from the radiation source or the use of appropriate protective equipment, such as lead aprons).

Guarding of Machinery Convention, 1963 (No. 119)

Articles 2, 4, 11 and 16 of the Convention. Sale, hire, transfer in any other manner and exhibition of machinery. Obligation of the vendor, the person letting out on hire or transferring the machinery, the exhibitor and the manufacturer. Prohibition of the use of machinery without guards and consultations on laws and regulations with a view to giving effect to the Convention. Following its previous comments, the Committee notes the Government’s indication that by virtue of section 6 of the Transport Act of 1998, machinery safety is regulated by the Technical Regulations of the Eurasian Economic Union TR CU 018/2011 on the Safety of Wheeled Vehicles.

The Committee notes that the following sections of the Technical Regulations give effect to Articles 2 and 4 of the Convention in relation to wheeled vehicles to be used on public roads: section 103 (prohibition to sell machinery that does not comply with technical standards), section 15 (safety requirements in machinery design), section 27 (machinery stability requirements), section 50 (manufacturer’s obligation to allow the machine to be overhauled), section 78 (verification of compliance with technical regulations in the event of changes in machinery design), section 23 (manufacturer’s obligation to comply with the safety requirements of the machines), section 27 (responsibility of various manufacturers when producing machinery jointly) and section 93 (manufacturer’s obligation to ensure compliance with the quality of the machinery). It further notes that, in accordance with section 3(7) of the Technical Regulations, these rules do not apply to heavy off-road vehicles. The Committee requests the Government to continue to provide information on the technical regulations giving effect to Article 2(1) and (2) (sale, hire, transfer in any other manner and exhibition of machinery), Article 4 (obligation of the vendor, the person letting out on hire or transferring the machinery, the exhibitor and the manufacturer), Article 11 (prohibition of the use of machinery without guards) and Article 16 (consultations on laws and regulations with a view to giving effect to the Convention), in relation to all power-driven machinery other than wheeled vehicles used on public roads.

Article 6(1), 7, 8(2) and 10(2). Prohibition by national laws and regulations of the use of machinery without appropriate guards. Employer’s duty to ensure compliance. Maintenance, lubrication, setting-up or adjustment of machinery in conformity with accepted standards of safety and obligation of the employer to establish and maintain safe environmental conditions. Further to its previous comments, the Committee notes that the following sections of the Technical Regulations 018/2011 on the Safety of Wheeled Vehicles give effect to Article 8(2) of the Convention in relation to wheeled vehicles to be used on public roads: section 27 (technical maintenance and repair of machinery), section 36 (technical-mechanical revision of the machinery) and sections 72 and 75 (technical inspection of machinery). The Committee requests the Government to continue to provide information on the measures taken to give effect to Articles 6(1) (prohibition by national laws and regulations of the use of machinery without appropriate guards), 7 (employer’s duty to ensure compliance), 8(2) (maintenance, lubrication, setting-up or adjustment of machinery in conformity with accepted standards of safety), and 10(2) (obligation of the employer to establish and maintain safe environmental conditions) of the Convention with regard to the use of all power-driven machinery, other than wheeled vehicles, in particular in agriculture and mining.

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

With reference to its previous comments, the Committee notes that, according to the Sanitary Rules and Regulations on Noise in Workplaces approved by resolution No. 201 of 2016, preventive measures against noise in workplaces shall be carried out in accordance with the requirements of regulatory legal acts (section 1(3), and that responsibility for compliance with the Rules lies with legal entities and individuals (section 1(4)).

It also notes that, pursuant to the Hygienic Standards on Maximum Permissible Concentrations of Harmful Substances in the Air of the Working Environment approved by resolution No. 201 of 2016, the content of harmful substances in the air of the working area is subject to control according to the requirements of regulatory and methodological documents approved in accordance with the established procedure (section 2(6)). It further notes that, according to the Sanitary and Epidemiological Requirements for Wholesale and Retail Food Trade Facilities approved by resolution No. 201 of 2016, noise and vibration levels at retail facilities must comply with hygienic standards for permissible noise and vibration levels in workplaces (section 57). The Committee requests the Government to continue to provide information on the provisions of laws and regulations, technical standards or codes of practice that establish measures for the prevention, protection (including personal protective equipment), and control of occupational hazards due to air pollution, noise and vibration, as well as provisions concerning the responsibilities of employers in this regard.

Article 5(4). Opportunity of representatives of employers and workers to accompany inspectors in supervising the application of the measures giving effect to this Convention. The Committee notes that, in accordance with section 231(1) of the Labour Code, the control over compliance with labour legislation is exercised by State bodies in cooperation with workers’ and employers’ representatives. It also notes the information provided by the Government in relation to the number of inspections conducted in order to prevent air pollution in the working area and to reduce noise and vibrations. With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to provide information on the practical application of section 231(1) of the Labour Code concerning cooperation with workers’ and employers’ representatives during labour inspections carried out in connection with the application of the Convention.

Article 6(2). Collaboration between two or more employers at one workplace. The Committee once again requests the Government to indicate the measures taken or envisaged to establish a duty to collaborate in applying safety and health requirements, where two or more employers undertake activities at the same workplace.

Article 8. Criteria for determining hazards of exposure to air pollution, noise and vibration. The Committee notes that the Sanitary Rules and Regulations on Noise in Workplaces approved by Resolution No. 201 of 2016 set out the criteria for noise exposure hazards (sections 3 and 4), as well as the maximum permissible sound levels and sound pressure levels for different categories of work activities (tables 1 and 2). It also notes that Hygienic Standards on Maximum Permissible Concentrations of Harmful Substances in the Air of the Working Environment approved by Resolution No. 201 of 2016 establish the maximum exposure limits in the working environment for substances capable of causing allergic diseases, carcinogens, aerosols with predominantly fibrogenic action, vapours, gases and other air pollutants (section 3). It further notes that Hygienic Standards on Approximate Safe Levels of Exposure to Harmful Substances in the Air of the Working Area approved by Resolution No. 201 of 2016 establish the criteria for determining safe levels of exposure of workers to hazardous substances in the air of the working environment (section 1(3)), as well as the estimated safe exposure levels (section 3). The Committee requests the Government to continue to provide information on the measures adopted to establish the criteria concerning the hazards of exposure to vibration in the working environment, and where appropriate, the exposure limits established on the basis of these criteria. The Committee also requests the Government to provide information on the process for reviewing the criteria for determining the hazards of exposure to air pollution, noise and vibration in the working environment and their exposure limits, in the light of current national and international knowledge and data, in accordance with Article 8(3) of the Convention.

Article 12. Notification of the use of processes, substances, machinery and equipment, which involve exposure of workers to occupational hazards in the working environment to the competent authority. Further to its previous comments, the Committee notes the information provided by the Government on the Rules of operation of dust and gas cleaning plants, approved by Resolution No. 59 of 2015. Noting that these rules refer to the operation of air purification systems, the Committee requests once again the Government to provide information on the notification to the competent authority of the use of processes, machinery and equipment, which involve the exposure of workers to noise and vibration in the working environment.

Article 15. Appointment of competent person, use made of outside services or services common to several undertakings. The Committee notes that section 207 of the Labour Code provides that organizations with more than 50 employees are required to have an occupational safety specialist with appropriate training or experience or to enter into an agreement with specialists or organizations providing services in the field of occupational safety. TheCommittee requests the Government to provide information on the measures taken to ensure that, in practice, employers comply with their obligations under the labour legislation and in accordance with Article 15 of the Convention, in relation to the provision of OSH services for the prevention and control of air pollution, noise and vibration in the working environment.

Protection in specific branches of activity

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

Articles 1, 4 and 5 of the Convention. Scope of application and effective implementation of Part II of the Convention in the national legislation. Following its previous comments, the Committee notes that Resolution No. 201 of 2016 on the Organization and Implementation of Industrial Control over Compliance with Sanitary Rules and the Implementation of Sanitary and Anti-epidemic Measures gives effect to Articles 8, 9, 10 and 18 of the Convention with respect to workplaces used for sales and for the performance of work and the provision of services (section 3(10)). It notes that by virtue of this section, industrial control is carried out to ensure compliance with the following hygiene criteria in the working environment: ventilation, natural and artificial lighting, temperature, noise, vibration and protection against toxic substances.

The Committee also notes that the OSH Act of 2003 establishes the obligation to ensure a working environment that complies with industrial sanitation requirements (section 7), the obligation to ensure that the construction and layout of workplaces comply with OSH requirements (section 13), and the obligation to provide personal protective equipment to workers in hazardous working conditions (section 14), giving effect to Articles 7, 11 and 17 of the Convention. It further notes that, pursuant to section 4 of the OSH ACT on the main directions of state policy in the field of labour protection, procedures shall be established to provide workers with sanitary facilities. The Committee requests the Government to provide information on the procedures established by virtue of section 4 of the OSH Act to give effect to Articles 15 (provisions and maintenance of facilities for changing, leaving and drying clothes not worn at work) and 16 (hygiene in underground and windowless premises) of the Convention. It also requests the Government to continue to provide information on the specific provisions of the national legislation giving effect to Articles 12 (provision of wholesome drinking water) and 14 (supply of sufficient and suitable seats) of the Convention with respect to workplaces in the commerce and office sectors.

Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 4(1) of the Convention. National policy on OSH in agriculture. With reference to its previous comments, the Committee notes the information provided by the Government on the challenges in the agricultural sector affecting the health of workers and their working environment, including the irrational use of plant protection chemicals, pesticides and other biologically active substances, the risk of spreading diseases from animals to workers, meteorological factors due to the constant outdoor work and the overload of agricultural work during certain seasons of the year. It also notes the information on the measures taken to mitigate these challenges, including the replacement of manual labour in the fields by machine labour, the equipping of tractors and other machines for land cultivation, and the active introduction of digital technologies. The Committee requests the Government to provide information on the efforts made to formulate, implement and periodically review, after consultation with the representative organizations of employers and workers concerned, a national policy on safety and health in agriculture with a view to preventing occupational accidents and injury to health by eliminating, minimizing or controlling hazards in the agricultural working environment. It also requests the Government to provide information on the measures taken, the employers’ and workers’ organizations consulted, and on the outcome of these consultations.

Article 4(2)(a) and (c). Competent authority responsible for the implementation of the national policy on OSH in agriculture. Coordination with other relevant authorities and bodies for the agricultural sector. Further to its previous comments, the Committee notes the Government’s indications that in order to ensure consistent application of the national policy on OSH in agriculture, the Ministry of Water Resources, Agriculture and Processing Industry works in cooperation with state bodies, enterprises and scientific and other organizations to give effect to regulatory instruments regulating OSH in agricultural activities. The Committee requests the Government to provide further information on how the cooperation between the Ministry of Water Resources, Agriculture and Processing Industry and the various bodies and organizations takes place in the implementation of the OSH policy in agriculture.

Article 4(3). Suspension or restriction of those agricultural activities which pose an imminent risk to the safety and health of workers. With reference to its previous comments on sections 17 and 22 of the OSH Act, which provide for the possibility of suspending work in case of violation of the provisions of the labour legislation involving hazards to the life and health of workers, the Committee once again requests the Government to provide information on the measures taken to bring the national legislation into conformity with Article 4(3) of the Convention, allowing the suspension or restriction of any agricultural activities which pose an imminent risk to the health of workers, until the conditions giving rise to the suspension or restriction have been corrected.

Article 6(2). Cooperation between two or more employers in an agricultural workplace. With reference to its comments under the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) and noting that the provisions of the OSH Act referred to by the Government do not give effect to this Article of the Convention, the Committee once again requests the Government to indicate the measures taken or envisaged to establish a duty to collaborate in applying safety and health requirements, where two or more employers undertake activities at the same workplace.

Article 7(c). Obligation of employers to take immediate steps to stop any operation in the event of an imminent and serious danger to the safety and health of workers, and evacuation of workers as appropriate. With reference to its previous comments, the Committee once again requests the Government to provide information on the legislative measures taken to give effect to Article 7(c) of the Convention, providing for the obligation of employers to take immediate steps to stop any operation in the event of an imminent and serious danger to the safety and health of workers, and the evacuation of workers, as appropriate.

Article 8(1)(a) and (b), (3) and (4). Workers’ rights concerning OSH in agriculture. Further to its previous comments, the Committee notes that, by virtue of section 203(1) of the Labour Code, OSH matters are implemented through coordinated actions of state bodies, employers’ associations, as well as trade unions. It also notes that under section 6 of the OSH Act, workers have the right to participate in the consideration of issues related to the safety of working conditions at their workplace. The Committee requests the Government to indicate the manner in which section 203(1) of the Labour Code and section 6 of the OSH Act are applied in practice to ensure the rights of workers in agriculture to be consulted on safety and health matters including risks from new technologies, and to participate in the application and review of safety and health measures. It also once again requests the Government to provide information on the measures taken to ensure the rights of workers in agriculture to select OSH representatives or representatives in OSH committees, whether through national laws and regulations, the competent authority, collective agreements or other appropriate means in accordance with Article 8(1)(b), (3) and (4) of the Convention. The Committee further requests the Government to provide information on the consultations held in this respect with the representative organizations of employers and workers concerned.

Article 8(1)(c). Right of workers to remove themselves. Further to its previous comments, the Committee notes the Government’s indication that employees have the right to refuse to perform work that clearly endangers their lives in connection with occupational safety requirements. With reference to its previous comments, the Committee once again requests the Government to provide information on the measures taken to ensure the right of workers in agriculture to remove themselves from danger resulting from their work activity when they have reasonable justification to believe there is an imminent and serious risk to their safety and health, in accordance with Article 8(1)(c), 3 and 4 of the Convention.

Articles 9(2), (3) and 10. Machinery and safe ergonomics. Further to its previous comments, the Committee notes that under section 12 of the Transport Act, machinery safety requirements must comply with the requirements of the Technical Regulations of the Eurasian Economic Union TR CU 018/2011 on the Safety of Wheeled Vehicles.

The Committee notes that the Technical Regulations 018/2011 set out the safety requirements for wheeled machinery in order to be placed on the market, including requirements relating to their manufacture (section 10), their design (sections 13 and 14), conformity assessment and translation of operating manuals (section 15), safety assessment of imported machinery (section 25), technical and safety approval (section 27), registration by the certification body of declarations of conformity (section 28(5)), inspection of wheeled machinery (sections 46–52 and 72) and application of corrective measures for the safety of machinery (section 55).

The Government further indicates that the Regulations on the Procedure for Conducting State Monitoring of Compliance with the Requirements of Technical Regulations, approved by resolution No. 60 of 2022, provide for the obligation of supervision over wheeled machinery (section 11). The Committee requests the Government to continue to provide information on the measures taken to ensure compliance with the safety and ergonomics requirements of equipment, including personal protective equipment, appliances and hand tools used in agriculture, as set out in Articles 9(2) and (3) and 10 of the Convention. It also requests the Government to indicate how it ensures compliance with Articles 9(2), (3) and 10 of the Convention with respect to machinery without wheels, namely static machines used in agricultural workplaces.

Article 11. Handling and transport of materials. The Committee once again requests the Government to provide information on the establishment of safety and health requirements for the handling and transport of materials, in particular on manual handling, based on risk assessment, technical standards and medical opinion, taking into account all the relevant conditions under which the work is performed in accordance with national law and practice. It also requests the Government to provide information on the manner in which it ensures that workers are not permitted to engage in the manual handling or transport of a load which by reason of its weight or nature is likely to jeopardize their safety or health.

Articles 12, 13 and 14 of Convention No. 184. Sound management of chemicals. In its previous comments, the Committee requested the Government to specify whether Act No. 12 of 1999 on Chemicalization and Plant Protection, which provides for a system relating to the safety of pesticides and agrochemicals, is still in force. In its report, the Government indicated that Act No. 12 of 1999 is currently in force and will remain in force. The Committee notes this information, which responds to its previous request.

Article 16. Young workers and hazardous work. Further to its previous comments, the Committee notes that the Government indicates that, in accordance with section 2.7 of the Instruction on Safe Use, Storage and Warehousing of Pesticides in Agricultural Production, approved by Government Resolution No. 361 of 2011, persons under 18 years of age are not allowed to work with pesticides.

It also notes that under section 2 of Government resolution No. 314 of 2001, the employment of persons under 18 years of age in agriculture, including work with cotton, tobacco, animal husbandry and other agricultural activities, is prohibited for all employers. The Committee further notes that, under section 4 of Government resolution No. 314 of 2001, graduates of primary and secondary vocational education institutions who have completed vocational training with a period of study of at least three years in agriculture, and those who have not reached the age of 18, may be authorized to work in these occupations for a period not exceeding 4 hours per day under the direction of experienced workers and subject to strict observance of the rules and regulations in force on labour protection. With reference to its comments under Articles 3(d) and 4(3) of the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee requests the Government to continue to provide information on the measures taken to ensure that persons under 18 years of age are protected against hazardous agricultural work, particularly in the rice-growing sector.

Article 21. Coverage against occupational injuries and diseases. Further to its previous comments on the application in practice of the general mandatory social insurance scheme to agricultural workers, the Committee notes the information provided by the Government that insurance is provided in two areas, compulsory state insurance and compulsory civil liability insurance.

The Government indicates that, in accordance with section 1 of the Act on State Social Insurance No. 20 of 1996, the State social pension insurance is a system of State-guaranteed benefits for insured persons in the event of loss of income as a result of an accident at work or occupational disease, disability, loss of breadwinner or death, which is financed by compulsory contributions from employers and citizens. It adds that the payment of temporary incapacity is currently financed by the national budget and employers.

The Committee also notes the Government’s indication that Act No. 8 of 2004 on the Rates of Insurance Contributions for State Social Insurance establishes insurance rates for agricultural cooperatives (section 5), which are equivalent to the rates applicable in other sectors of the economy such as the textile and clothing industry (section 2).

With regard to the compulsory civil liability insurance, the Government indicates that, pursuant to Act No. 194 of 2008 on Employers Compulsory Civil Liability Insurance for Causing Harm to the Life and Health of the Employee in the Performance of Work, the purpose of compulsory civil liability insurance of employers is to ensure the provision of insurance coverage for an employee whose life and health have been harmed by hazardous production factors in the performance of their work duties, through the payment of an insurance compensation (section 6(1)). The Committee notes this information, which responds to its previous request.

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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 45 (underground work (women)), 119 (guarding of machinery), and 120 (hygiene (commerce and offices)) together.

A. Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Articles 2, 4, 11 and 16 of the Convention. Sale, hire, transfer in any other manner and exhibition of machinery. Obligation of the vendor, the person letting out on hire or transferring the machinery, the exhibitor and the manufacturer. Prohibition of the use of machinery without guards and consultations on laws and regulations with a view to giving effect to the Convention. In its previous comments, the Committee requested the Government to provide information on the specific provisions of the legislation giving effect to the Articles of the Convention. In this respect, the Committee notes that the Government indicates in its report that section 13 of the Occupational Safety and Health Act provides that projects for the construction and reconstruction of machines, tools and other industrial equipment must comply with the laws and regulations on occupational safety and health and that the production and introduction of new equipment is prohibited without the competent state body assessing the conformity of the projects with occupational safety and health requirements. Section 13 also provides that machines, tools and other industrial equipment, including those of foreign production, must meet the requirements set out in technical regulations. The Committee requests the Government to provide information on the technical regulations adopted on machine safety, referred to it section 13 of the Occupational Safety and Health Act. In particular, it requests the Government to provide information on any regulations implementing Article 2(1) and (2) (sale, hire, transfer in any other manner and exhibition of machinery), Article 4 (obligation of the vendor, the person letting out on hire or transferring the machinery, the exhibitor and the manufacturer), Article 11 (prohibition of the use of machinery without guards) and Article 16 (consultations on laws and regulations with a view to giving effect to the Convention).

Articles 6(1), 7, 8(2) and 10(2). Prohibition by national laws and regulations of the use of machinery without appropriate guards. Employer’s duty to ensure compliance. Maintenance, lubrication, setting-up or adjustment of machinery in conformity with accepted standards of safety and obligation of the employer to establish and maintain safe environmental conditions. Following its previous comments, the Committee notes the Government’s indications regarding the Building Norms of Kyrgyzstan on Occupational Safety in Construction, approved by Order No. 15 of 2018, and developed to comply with occupational safety and health rules in facilities for construction works, production of building materials and manufacture of building structures and products. The Committee notes that the following sections of the Building Norms give effect to Articles 6(1), 7, 8(2) and 10(2) of the Convention with respect to the construction sector: section 7.3.4 providing for the obligation to fence off moving parts of machines that are sources of danger with solid metal meshes; section 4.1 providing for the obligation of the employer to ensure the safe operation of equipment used in construction; sections 7.1.6 and 7.1.8 requiring the maintenance of machines in accordance with safety standards and sections 7.2.1 and 6.6.13 providing for the obligation of the employer to establish environmental conditions to protect workers, such as the use of safety signs or warning notices to indicate dangerous areas where machines are used and the reduction of machine noise to eliminate harmful effects on workers. The Committee requests the Government to provide information on the measures giving effect to Articles 6(1) (prohibition by national laws and regulations of the use of machinery without appropriate guards), 7 (employer’s duty to ensure compliance), 8(2) (maintenance, lubrication, setting-up or adjustment of machinery in conformity with accepted standards of safety) and 10(2) (obligation of the employer to establish and maintain safe environmental conditions) of the Convention for the use of machines outside of the construction sector.

Article 10(1). 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. Following its previous comments, the Committee notes the Government’s indications that the Regulations on the Procedures for Occupational Safety and Health Training and Testing of Workers’ Knowledge of Occupational Safety and Health Requirements, approved by Government Decision No. 225 of 2004, provide that the employer is obliged to give instructions on labour protection to all employees (section 2.1.1), including familiarization with existing or harmful production factors, occupational safety requirements contained in the organization's local regulations and the application of safe working methods and techniques (section 2.1.3), in accordance to Article 10(1) of the Convention.

Article 15. Appropriate inspection services. The Committee notes the Government’s indication, in reply to its previous comments, that pursuant to section 6 of the Regulations on the State Environmental and Technical Safety Inspectorate approved by Government Decision No. 136 of 2012, the Inspectorate monitors compliance with labour rights and occupational safety and health requirements, giving effect to Article 15(2) of the Convention. The Committee refers in this respect to its comments on Convention No. 81.

B. Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee notes the Government’s indications, in reply to its previous request, that the possible ratification of the Safety and Health in Mines Convention, 1995 (No. 176) and the denunciation of the Underground Work (Women) Convention, 1935 (No. 45) will be considered as part of the activities of the National Tripartite Commission in 2020. The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group, confirmed the classification of Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to follow up with the member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to follow up on the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider ratifying the most up-to-date instruments in this subject area.

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

Articles 1, 4 and 5 of the Convention. Scope of application and effective implementation of Part II of the Convention in the national legislation. Following its previous comments, the Committee notes that section 11 of the Occupational Safety and Health Act gives effect to Articles 13 and 19 of the Convention. Section 11 of the Act provides for sanitary services for employees in accordance with labour protection requirements as well as for measures to prevent emergency situations and to preserve the life and health of workers in the event of such situations, including the provision of first aid to victims. The Committee also notes the Government’s indications regarding the adoption of Decision No. 201 of 2016 approving Acts on Public Health Care, including Public Health Requirements for Wholesale and Retail Trade Facilities in Food Products in Annex 7. The Committee notes that the following sections of Decision No. 201 give effect to Articles 7, 8, 9, 10, 12, 13, 15, 18 and 19 of the Convention with respect to trading establishments selling food: section 80 requiring that all premises be kept clean; section 42 providing for water supply, ventilation, air conditioning, heating and lighting; section 50 providing for washing facilities and sanitary conveniences; section 32 providing for a dressing room with separate cupboards for personal and sanitary clothing; section 57 requiring that noise and vibration levels comply with hygienic standards regarding the permissible level of noise and vibration in workplaces and section 128 providing for a first aid kit with a set of medicines for first aid. The Committee notes, however, that the labour legislation does not give effect to Article 11 (arrangement of workplaces and layout of workstations); Article 14 (sufficient and suitable seats supplied for workers); Article 16 (hygiene in underground or windowless premises) and Article 17 (personal protective equipment). The Committee therefore requests the Government to provide information on the specific provisions of the national legislation that give effect to Articles 7, 8, 9, 10, 12, 15, and 18 of the Convention with respect to trading establishments outside of the food sector. The Committee also requests of the Government to indicate the legal provisions giving effect to the Articles 7-12 and 14–18 of the Convention as regards establishments, institutions and administrative services in which the workers are mainly engaged in office work.

Article 6. Inspection and application in practice. The Committee notes the information provided by the Government, in reply to its previous request, that in 2018, the Ministry of Health conducted public health inspections in 22,995 food facilities (73.6 per cent of the total number of facilities) in accordance with public health standards and that following inspections, 5,352 fines were imposed for violations of health regulations on those responsible for the facilities in the amount of 12,393,200 Kyrgyzstani soms (approximately US$157,409). It also notes the Government’s indications that 1,539 decisions were issued to suspend the operation of facilities until the elimination of violations and that sanitary notices were issued for 10,077 facilities. The Committee requests the Government to provide further information on the manner in which the Convention is applied in practice, including the number, nature and cause of reported occupational accidents and cases of occupational disease in trading establishments and establishments, institutions and administrative services in which the workers are mainly engaged in office work.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

Articles 1 and 5 of the Convention. Scope of application. Application in law. The Committee notes the information provided by the Government, according to which all legal entities and individuals whose activities involve the planning, construction, refurbishment or operation of commercial premises are covered by occupational safety and health regulations. The Government also indicates that all local regulations of ministries, departments and organizations have the status of recommendations, and are currently being transformed into Government Orders. The Committee requests the Government to provide details on the content of these recommendations and explanations on their relevance with regard to workers engaged in commerce or office work. As the available information does not enable the Committee to assess the effect given in law to the Convention, the Committee requests the Government to indicate the legal provisions and sections which apply in law to each of the Articles of the Convention.

Inspection and application in practice. The Committee notes the Government’s indication that following the enactment of Government Order No. 87 of 10 February 2012 on organizational measures in connection with the reform of the administrative authorities of the Kyrgyz Republic, the enforcement of the Convention has been entrusted to the Government’s State Hygiene, Veterinary and Phytosanitary Safety Inspectorate and the State Environmental and Technical Safety Inspectorate. However, the Government has still not provided information which would allow for a general appreciation of the manner in which the Convention is applied in practice in the country. The Committee accordingly requests the Government to provide information on the manner in which the Convention is applied in practice, for example by supplying extracts from inspection reports and, where such information exists, the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents and diseases reported.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1 and 5 of the Convention. Scope of application. Application in law. The Committee notes the information provided by the Government, according to which all legal entities and individuals whose activities involve the planning, construction, refurbishment or operation of commercial premises are covered by occupational safety and health regulations. The Government also indicates that all local regulations of ministries, departments and organizations have the status of recommendations, and are currently being transformed into Government Orders. The Committee requests the Government to provide details on the content of these recommendations and explanations on their relevance with regard to workers engaged in commerce or office work. As the available information does not enable the Committee to assess the effect given in law to the Convention, the Committee requests the Government to indicate the legal provisions and sections which apply in law to each of the Articles of the Convention.

Inspection and application in practice. The Committee notes the Government’s indication that following the enactment of Government Order No. 87 of 10 February 2012 on organizational measures in connection with the reform of the administrative authorities of the Kyrgyz Republic, the enforcement of the Convention has been entrusted to the Government’s State Hygiene, Veterinary and Phytosanitary Safety Inspectorate and the State Environmental and Technical Safety Inspectorate. However, the Government has still not provided information which would allow for a general appreciation of the manner in which the Convention is applied in practice in the country. The Committee accordingly requests the Government to provide information on the manner in which the Convention is applied in practice, for example by supplying extracts from inspection reports and, where such information exists, the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents and diseases reported.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1 and 5 of the Convention. Scope of application. Application in law. The Committee notes the information provided by the Government, according to which all legal entities and individuals whose activities involve the planning, construction, refurbishment or operation of commercial premises are covered by occupational safety and health regulations. The Government also indicates that all local regulations of ministries, departments and organizations have the status of recommendations, and are currently being transformed into Government Orders. The Committee requests the Government to provide details on the content of these recommendations and explanations on their relevance with regard to workers engaged in commerce or office work. As the available information does not enable the Committee to assess the effect given in law to the Convention, the Committee requests the Government to indicate the legal provisions and sections which apply in law to each of the Articles of the Convention.

Inspection and application in practice. The Committee notes the Government’s indication that following the enactment of Government Order No. 87 of 10 February 2012 on organizational measures in connection with the reform of the administrative authorities of the Kyrgyz Republic, the enforcement of the Convention has been entrusted to the Government’s State Hygiene, Veterinary and Phytosanitary Safety Inspectorate and the State Environmental and Technical Safety Inspectorate. However, the Government has still not provided information which would allow for a general appreciation of the manner in which the Convention is applied in practice in the country. The Committee accordingly requests the Government to provide information on the manner in which the Convention is applied in practice, for example by supplying extracts from inspection reports and, where such information exists, the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents and diseases reported.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

Articles 1 and 5 of the Convention. Scope of application. Application in law. The Committee notes the information provided by the Government, according to which all legal entities and individuals whose activities involve the planning, construction, refurbishment or operation of commercial premises are covered by occupational safety and health regulations. The Government also indicates that all local regulations of ministries, departments and organizations have the status of recommendations, and are currently being transformed into Government Orders. The Committee requests the Government to provide details on the content of these recommendations and explanations on their relevance with regard to workers engaged in commerce or office work. As the available information does not enable the Committee to assess the effect given in law to the Convention, the Committee requests the Government, when preparing its next report, to indicate clearly the legal provisions and sections which apply in law to each of the Articles of the Convention.

Part IV of the report form. Inspection and application in practice. The Committee notes the Government’s indication that following the enactment of Government Order No. 87 of 10 February 2012 on organizational measures in connection with the reform of the administrative authorities of the Kyrgyz Republic, the enforcement of the Convention has been entrusted to the Government’s State Hygiene, Veterinary and Phytosanitary Safety Inspectorate and the State Environmental and Technical Safety Inspectorate. However, the Government has still not provided information which would allow for a general appreciation of the manner in which the Convention is applied in practice in the country. The Committee accordingly requests the Government to provide information on the manner in which the Convention is applied in practice, for example by supplying extracts from inspection reports and, where such information exists, the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents and diseases reported.

Reporting. Recalling that the Committee has asked the Government to supply a detailed report on the application of the Convention in conformity with the report form since the ratification of the Convention by the country in 1992, it reminds the Government that it may avail itself of ILO technical assistance to enable it to submit a detailed report on the application of the present Convention, including copies of relevant legislation, so that the Committee can fully evaluate the application of the Convention in the country.

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

Articles 1 and 5 of the Convention. Scope of application. Application in law. The Committee notes the information provided by the Government, according to which all legal entities and individuals whose activities involve the planning, construction, refurbishment or operation of commercial premises are covered by occupational safety and health regulations. The Government also indicates that all local regulations of ministries, departments and organizations have the status of recommendations, and are currently being transformed into Government Orders. The Committee requests the Government to provide details on the content of these recommendations and explanations on their relevance with regard to workers engaged in commerce or office work. As the available information does not enable the Committee to assess the effect given in law to the Convention, the Committee requests the Government, when preparing its next report, to indicate clearly the legal provisions and sections which apply in law to each of the Articles of the Convention.

Part IV of the report form. Inspection and application in practice. The Committee notes the Government’s indication that following the enactment of Government Order No. 87 of 10 February 2012 on organizational measures in connection with the reform of the administrative authorities of the Kyrgyz Republic, the enforcement of the Convention has been entrusted to the Government’s State Hygiene, Veterinary and Phytosanitary Safety Inspectorate and the State Environmental and Technical Safety Inspectorate. However, the Government has still not provided information which would allow for a general appreciation of the manner in which the Convention is applied in practice in the country. The Committee accordingly requests the Government to provide information on the manner in which the Convention is applied in practice, for example by supplying extracts from inspection reports and, where such information exists, the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents and diseases reported.

Reporting. Recalling that the Committee has asked the Government to supply a detailed report on the application of the Convention in conformity with the report form since the ratification of the Convention by the country in 1992, it reminds the Government that it may avail itself of ILO technical assistance to enable it to submit a detailed report on the application of the present Convention, including copies of relevant legislation, so that the Committee can fully evaluate the application of the Convention in the country.

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

The Committee notes with regret 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:

Repetition

The Committee notes the Government’s very brief report. The Committee requests the Government to supply a detailed report on the application of the Convention in conformity with the report form.

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

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:

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.

The Committee notes the Government’s very brief report. The Committee requests the Government to supply a detailed report on the application of the Convention in conformity with the report form.

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

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:

The Committee notes the Government’s very brief report. The Committee requests the Government to supply a detailed report on the application of the Convention in conformity with the report form.

[The Government is asked to report in detail in 2010.]

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

The Committee notes the Government’s very brief report. The Committee requests the Government to supply a detailed report on the application of the Convention in conformity with the report form.

[The Government is asked to report in detail in 2009.]