Demande directe (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention (n° 155) sur la sécurité et la santé des travailleurs, 1981 - Mongolie (Ratification: 1998)

Articles 4 and 8 of the Convention. National occupational safety and health (OSH) policy. Laws or regulations giving effect to the national OSH policy. Following its previous comments, the Committee notes with interest the adoption of the OSH programme 2021–2025 in September 2021, and the plan of activities for its implementation, approved in May 2023. The programme was developed by a tripartite working group, with inter-ministerial and tripartite consultations throughout the drafting process. It aims to implement the Government’s policies and principles regarding the protection of life, health, and safety of workers, to improve the OSH management system based on effective social partnership, and to create conditions for a safe and healthy work environment for every worker. The Committee also notes the Government’s indications that, pursuant to the Law on OSH, the National Committee for Occupational Safety and Health has been set up, which maintains collaboration with the social partners. The Government further indicates that a task force was established in 2023 to develop a revised law on OSH, which includes representatives of the social partners, academics and researchers. The Committee requests the Government to continue to provide information on the measures taken to implement the national OSH programme 2021–2025, as well as its plan of activities.It also requests the Government to provide information on the progress made in the review of this national programme in consultation with the most representative organizations of employers and workers, and how this review contributes to the development of the subsequent programme. Lastly, it requests the Government to continue to provide information on the ongoing revision of the Law on OSH.

Article 5(b). Adaptation to workers’ capacities. Following its previous comments, the Committee notes that the national OSH programme 2021–2025 includes the development of a methodology for proactive prevention-oriented OSH risk assessments which will cover all workplace-related risks, including psychosocial, ergonomic, biological, physical, chemical and emerging hazards, infectious diseases and emergency risks. The programme includes plans to provide training on the risk assessment methodology, and to introduce the risk assessment system in all workplaces. The Committee requests the Government to provide information on the implementation of this component of the national OSH programme, and to indicate any other measures that take into account the adaptation of machinery, equipment, working time, organization of work and work processes to the physical and mental capacities of workers.

Articles 5(e) and 13. Protection of workers and their representatives from disciplinary measures and undue consequences. The Committee takes due note of the information provided, in response to its previous request on Article 13 of the Convention, regarding section 54 of the Labour Law, which entered into force in 2022. Section 54(1)(1) provides that an employee shall have a right to refuse to perform work and duties in certain situations, including in conditions which might potentially threaten the employee’s (or a third parties’) life and health. Further, section 54(3) prohibits an employer from imposing a disciplinary sanction on an employee in connection with their refusal to perform work or duties. Recalling that Article 5(e) provides for the protection of both workers and their representatives from disciplinary measures taken as a result of actions properly adopted by them in conformity with the OSH policy, the Committee requests further information on the measures taken to ensure the protection of the representatives of workers from such disciplinary measures.

Article 11(c) and application of the Convention in practice. The Committee notes the information in the national OSH programme that 353 occupational accidents were registered (including 40 fatal occupational accidents) in 2020. The national programme also states that statistics of occupational diseases were not registered in the central statistical database at the national level, but that 3,037 persons received a disability pension for an occupational disease from the social security fund in 2019. The Committee further notes that the national OSH programme includes the development of a road map to improve the reporting, recording, and notification of occupational accidents and diseases. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including the number of occupational accidents and cases of occupational disease. It also requests the Government to provide information on the measures implemented to strengthen the system for the recording and notification of occupational accidents and diseases, including to ensure the registration of cases of occupational disease.

Article 12. Responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. Following its previous comment, the Committee notes the information provided by the Government regarding the work of state labour inspectors to inspect the safety of machinery and equipment in use at workplaces, to issue certificates for industrial machinery and equipment, and to apply penalties when inspections reveal violations. The Committee recalls that the obligations established in Article 12 of the Convention rest on persons who manufacture, import, provide or transfer machinery, equipment or substances for occupational use, not on employers, aiming to ensure that machinery, equipment and substances are safe prior to entering the workplace. In this respect, the Committee requeststhe Government to provide information on any measures taken or envisaged, including in the context of the ongoing revision of the Law on OSH, to provide that persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use ensure that these products do not entail dangers to safety and health, in accordance with Article 12 of the Convention.

In addition, the Committee recalls the pending comments regarding the technical OSH Conventions ratified: the Safety and Health in Construction Convention, 1988 (No. 167) (pending comment adopted by the Committee in 2023) and the Safety and Health in Mines Convention, 1995 (No. 176) (pending comment adopted by the Committee in 2021), for which the Government will be requested to reply in accordance with the reporting cycle.