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)), 115 (radiation protection), 119 (guarding of machinery), 120 (hygiene (commerce and offices)) and 148 (working environment (air pollution, noise, and vibration)) and 155 (OSH) together.

Application in practice of Conventions Nos 115, 119, 120, 148 and 155. The Committee notes the information provided in the Government’s report on Convention No. 155 that in 2019, the State Inspection Service for Labour, Migration and Employment (SILME) received 79 reports of accidents, 11 of which involved more than one person. These accidents resulted in 51 fatalities. The Government indicates that the analysis of the subsequent accident investigations revealed the following causes: the operation of defective machinery, mechanisms and equipment, a lack of personal protective equipment, non-compliance with workplace safety rules, falls from heights in the construction sector and poor workplace monitoring in that sector. The Government also refers to violations detected related to the reporting of accidents, including failure to observe the procedure for notifying an accident within the established deadline, inconsistencies between the cause if accident reported and the actual cause, and the misclassification of occupational accidents as non-work related. The Committee further notes the information provided on the work of OSH inspectors as well as the amount of compensation paid to the victims of the accidents. The Committee requests the Government to provide further information on the measures taken to reduce the number of occupational accidents and diseases in the country, and in particular to strengthen its monitoring process to address the factors identified as causing accidents. The Committee also requests the Government to continue to provide available information on the application in practice of ratified OSH Conventions, including the number, nature and cause of reported occupational accidents and cases of occupational disease.

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 1 and 2 of the Convention. Scope of application. The Committee previously noted that the Labour Code adopted in 2016 repeals the 2009 Occupational Safety and Health (OSH) Act, and includes many provisions of the latter. It noted that while the OSH Law of 2009 applied to all workers who are in an employment relationship with employers, students in vocational training and military personnel (section 3 of the repealed Law), the Labour Code of 2016 applies only to workers defined as individuals maintaining labour relations with employers on the basis of a signed employment contract. Recalling that no categories of workers were excluded from the scope of application of the Convention by the Government upon ratification (pursuant to Articles 1(2) and 2(2)), the Committee once again requests the Government to provide information on the measures taken or envisaged to ensure the application of the Convention to all workers.

Articles 4 and 8. Formulation, implementation and periodic review of a coherent national policy on OSH and the working environment. Consultation with the most representative organizations of employers and workers concerned. The Committee previously noted that section 328 of the Labour Code provides for cooperation of government agencies and local executive authorities with employers and workers and their associations and other authorized representatives of workers in the implementation of the national OSH policy. It also welcomed the development of a National OSH Profile in 2017 and it noted the Government’s indication that it intended to develop a national OSH programme with ILO assistance. Noting an absence of information in reply to its previous request, the Committee once again requests the Government to provide information on any developments concerning a national OSH programme, and to provide a copy thereof, once adopted. The Committee also once again requests the Government to provide detailed information on the consultations with the most representative organizations of employers and workers with regard to the measures taken to formulate, implement and review a national policy on OSH in accordance with Article 4 of the Convention (including where applicable, information on any institutionalized mechanisms for the consultation of the social partners in the process of legislative review in the area of OSH).

Article 5(e). Protection of workers from disciplinary measures for actions properly taken in conformity with the national OSH policy. The Committee previously noted that section 344 of the 2016 Labour Code provides for the protection of trade unions and other worker representatives with regard to their actions taken in relation to OSH. The Committee once again requests the Government to take the necessary measures to ensure that individual workers without particular OSH responsibilities are protected from disciplinary measures as a result of actions properly taken by them in conformity with the national OSH policy.

Article 11(b). Functions to be progressively carried out by the competent authorities. Determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control. The Committee notes the information in the Government’s report related to Government Decision No. 702 of 31 December 2010, approving the List of harmful substances, production factors and harmful working conditions, in response to its previous request concerning the determination by the competent authority of substances and agents to which exposure is to be controlled. It also notes the Government’s reference to the List of harmful substances and unfavourable production factors requiring preliminary and periodic medical examinations. The Committee takes note of this information.

Article 11(e). Annual publication of information on occupational accidents, occupational diseases and other injuries to health. The Committee notes the statistical information provided by the Government in its report concerning the number of occupational accidents, the number of persons injured and the amount of compensation paid in 2019. The Committee also notes the analysis of the main industrial activities in which the accidents happened and the causes of accidents. Taking note of this information, the Committee once again requests the Government to indicate the measures taken or envisaged to provide for the annual publication of information on measures taken in pursuance of the national OSH policy, and on occupational accidents, occupational diseases and other injuries to health.

Article 11(f). Systems to examine chemical, physical and biological agents in respect of the risk. The Committee previously noted that the Ministry of Industry and New Technology assesses compliance with laws and regulations on chemical and radiation safety and with laws and regulations concerning the implementation of health, safety and environment management systems at workplaces. The Committee requests the Government to provide information on whether it is intended to extend the system that examines chemical and physical agents to the examination of biological agents in respect of the risk to the health of workers.

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Information on the correct installation and/or use of machinery, equipment and substances; information on hazards related to machinery, equipment and substances and instructions on how known hazards are to be avoided. Studies and research. The Committee previously noted section 352(6) of the Labour Code concerning requirements to obtain certificates of conformity with OSH standards concerning machinery, equipment and substances. The Committee once again requests the Government to specify whether section 352(6) of the Labour Code applies to persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, and if so, to provide more specific information on the certification procedure (including the applicable standards and the responsible authority). Noting an absence of information in reply to its previous request, the Committee once again repeat its requests for the Government to provide information on the measures taken to ensure that the persons referred to in Article 12 provide relevant information and instructions on how hazards are avoided, and undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with the obligations under Article 12(a) and (b) of the Convention.

Article 17. Obligation for employers to collaborate whenever two or more undertakings engage in activities simultaneously at one workplace. Noting an absence of information in this respect in the Government’s report, the Committee once again requests the Government to provide information on procedures prescribed for collaboration between two or more employers undertaking activities simultaneously at one workplace.

Article 18. Measures to deal with emergencies and accidents, including first-aid arrangements. The Committee previously noted that the Act on Industrial Safety at Hazardous Production Facilities (Act No. 2 of 12 February 2004) provides for requirements to ensure the safe operation of hazardous production facilities, aimed at preventing disasters and accidents at hazardous production facilities and ensuring that companies using hazardous production facilities are prepared to contain and address the effects of such disasters. It also noted section 340 of the Labour Code provides that employers are required to organize primary health-care services to attend to accidents or diseases at the workplace, and arrange for appropriate healthcare services.  The Committee once again requests the Government to provide information on any measures taken or envisaged to require employers, besides hazardous production facilities, to provide measures to deal with emergencies.

Article 20. Cooperation at the level of the undertaking. The Committee previously noted that section 356 of the Labour Code foresees the possibility to establish labour protection (OSH) committees in undertakings, which are composed of an equal number of representatives of employers and trade unions (or other representative bodies authorized by workers). The Committee notes the Government’s reference in its report to the role of OSH committees as part of OSH management systems at the workplace. The Committee once again requests the Government to provide information on the implementation of section 356 of the Labour Code in practice.

B. Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Articles 2, 4, 6, 7, 10 and 11 of the Convention. Sale, hire, transfer in any other manner and exhibition of machinery. Obligation concerning the guarding of machinery. Use by workers of machinery without guards. The Committee previously noted that section 352(6) of the Labour Code provides that machinery must meet the established protective requirements and require a certificate of compliance. Section 138 of the Labour Code requires employers to ensure the proper operation of machinery, equipment and other facilities. Further, it noted technical standard 12.2.062-81, which provides for preventive measures to protect workers from moving parts of machinery.

The Committee notes the Government’s statement that the State Inspection Service for Labour, Migration and Employment (SILME) controls compliance with technical standard 12.2.062-81. It further notes the information in the Government’s report under Convention No. 155 that operation of defective machinery was one of the main causes of industrial accidents with serious outcomes in 2019. The Committee once again requests the Government to specify whether section 352(6) of the Labour Code provides for obligations of persons who sell, hire or transfer machinery for occupational use, and if so, to provide more specific information on the certification procedure (including the applicable standards and the responsible authority). The Committee requests the Government to provide information on how it is ensured that employers comply with their obligations to ensure the safe conditions of machinery, devices and equipment, so as to protect the safety and health of workers. Lastly, the Committee requests the Government to provide up-to-date and detailed statistics on the accidents relating to the use of machinery, indicating the number, nature and cause of accidents.

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

Article 4 of the Convention. Measures to be taken for the prevention and control of occupational hazards. Provisions for the practical implementation of these measures. The Committee previously noted that section 138 of the Labour Code provides that employers are required to provide for a safe and healthy working environment, including the elimination of hazards from noise, radiation, vibration and other factors negatively affecting human health. It requested more detailed information on the measures to be taken by employers for the prevention and control of, and protection against, occupational hazards in the working environment due in particular to air pollution, noise and vibration.

The Committee notes the reference of the Government, in response to its previous request, to the adoption of the following Order regulating noise and vibration hazards: (i) Standards on noise measurement in work spaces, domestic buildings, public buildings and on the premises of housing developments (Order of the Minister of Health and Social Protection, No. 453 of 13 June 2017); and (ii) Sanitary regulations: hygiene requirements for work spaces and working environments where sources of vibration are present (Order of the Minister for Health and Social Protection, No. 453 of 13 June 2017). The Committee requests the Government to provide information on any regulations or technical standards adopted on the measures to be taken by employers for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution. It also requests the Government to provide a copy of the abovementioned Order, with its next report.

Article 6(2). Collaboration between two or more employers. The Committee refers to its comment under Article 17 of Convention No. 155 above.

Article 8. Criteria and exposure limits, revision of criteria at regular intervals and recourse to technical expertise in relation thereto. The Committee once again requests the Government to provide information on the following: (a) the criteria established for determining the hazards of exposure covered by the Convention and the exposure limits specified for these hazards; (b) the procedure by which the established criteria and limits are supplemented and revised in light of current national and international knowledge and data; and (c) which representative organizations have designated technically competent persons for the purpose of this Article.

Article 12. Use of processes, substances, machinery and equipment to be notified to the competent authority and any prohibitions thereon prescribed by the competent authority. The Committee requests the Government to indicate whether the use of any processes, substances, machinery and equipment, as specified by the competent authority, involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, shall be notified to the competent authority, and whether the competent authority, as appropriate, may authorize their use on prescribed conditions, or prohibit it.

Article 13. Information and instructions on occupational hazards in the working environment. The Committee previously noted that section 19 of the Labour Code provides that employers are obliged to inform workers about hazardous working conditions, and that section 352 provides that employers are required to publish instructions on how to prevent risks as detected from workplace assessments.

The Committee notes the Government’s indication, in response to its previous request, that the workplace assessment covers a measurement of occupational hazards in the working environment and the measures to be taken to address them, in accordance with the Regulations on the Certification of Workspace Conditions (Government Decision No. 429 of 3 July 2014).

Article 15. Competent person or use of a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. Noting that the Government has not provided a reply in this regard to the Committee’s previous request, the Committee once again requests the Government to provide information on the requirements for employers to appoint a competent person, or use a competent outside service or service common to several undertakings to deal with relevant risks.

C. Protection in specific branches of activity

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

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified 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 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 the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM 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)

Article 7 of the Convention. Maintenance and cleanliness of premises and equipment. The Committee previously requested the Government to indicate whether there are any legal requirements for employers concerning the maintenance and cleanliness of premises and equipment, in accordance with Article 7. In this respect, the Committee notes that, pursuant to sections 19 and 331 of the Labour Code, the employer is responsible for ensuring compliance with occupational safety and health requirements, including sanitary and hygiene requirements. It further notes that section 348 of the Labour Code provides that the employer is responsible for ensuring the appropriate working environment for occupational safety in each workplace, and for the safety of equipment. The Committee notes this information.

Articles 11 and 14. Arrangement of workplaces and layout of workstations. Sufficient and suitable seats. The Committee once again requests the Government to indicate whether there are any legal requirements for employers concerning the arrangement of workplaces and the layout of workstations (Article 11), as well as with regard to sufficient and suitable seats (Article 14).

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes 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

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

The Committee notes the information provided by the Government in its report in reply to its previous comments regarding the following Articles of the Convention: Article 3(1) (appropriate steps to ensure effective protection of workers against ionizing radiations); Article 5 (restriction of the exposure of workers to the lowest practicable level); Article 6(1) (fixing of maximum permissible doses); Article 8 (fixing of appropriate levels for workers who may be exposed temporarily to ionizing radiations); Article 9 (information and instruction of workers exposed); Article 11 (monitoring of workers and places of work to measure the exposure of workers to radiation); Article 12 (appropriate medical examinations); Article 13 (measures to be taken urgently in certain circumstances to be specified because of the nature or degree of the exposure); and Article 15 (inspection services).

Articles 6(2), 7, 10 and 14 of the Convention. Constant review of the maximum permissible doses of ionizing radiations in light of current knowledge. Fixing of appropriate levels for workers under the age of 18. Notification of work involving exposure to ionizing radiations. Transfer to other appropriate work for a worker who could be subject to exposure to ionizing radiations contrary to qualified medical advice. The Committee notes the Government’s intention to submit a detailed report on the Convention, taking into consideration the up-to-date relevant international standards. In this regard, the Committee wishes to draw the Government’s attention, in particular, to the following paragraphs of its general observation: paragraphs 32–37 on the maximum permissible dose limits, according to the categories of workers and during an emergency; and paragraph 40 on the discontinuation of assignment to work involving exposure to ionizing radiations further to medical advice and the offer of alternative employment. The Committee invites the Government to review its legislation in light of the abovementioned paragraphs of its 2015 general observation and to provide information on the measures taken to bring it into conformity with the up-to-date standards on radiation protection.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes 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

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 119 (guarding of machinery), 120 (hygiene-commerce and offices) and 148 (working environment (air pollution, noise, and vibration)) and 155 (OSH) together.

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 1 and 2 of the Convention. Scope of application. The Committee notes that the new Labour Code adopted in 2016 repeals the 2009 Occupational Safety and Health (OSH) Act, and includes many provisions of the latter. The Committee notes that while the OSH Law of 2009 applied to all workers who are in an employment relationship with employers, students in vocational training and military personnel (section 3 of the repealed Law), the Labour Code of 2016 applies only to workers defined as individuals maintaining labour relations with employers on the basis of a signed employment contract. Recalling that no categories of workers were excluded from the scope of application of the Convention (in accordance with Articles 1(2) and 2(2)), the Committee requests the Government to provide information on the measures taken or envisaged to ensure the application of the Convention to all workers.

Articles 4 and 8. Formulation, implementation and periodic review of a coherent national policy on OSH and the working environment. Consultation with the representative organizations of employers and workers concerned. The Committee notes that contrary to the repealed OSH Act, the 2016 Labour Code does not specifically enumerate the basic principles to be covered by the national policy on OSH. However, the Committee notes that the Labour Code makes reference to such a policy, provides for the development and the enforcement of legislative and regulatory safety requirements, and refers to promotional actions on occupational safety (sections 327, 329 and 331). The Committee welcomes the development, with ILO assistance, of a National OSH Profile, which was presented at a round table in 2017, and it notes that the Government intends to develop a national OSH programme with ILO assistance. The Committee notes that section 328 of the Labour Code provides for cooperation of government agencies and local executive authorities with employers and workers and their associations and other authorized representatives of workers in the implementation of the national OSH policy. However, the Committee notes that the Government has not provided the requested information on the consultation of the social partners in relation to the national policy on OSH. The Committee requests the Government to provide information on any developments concerning a national programme, and provide a copy thereof, once adopted. The Committee requests the Government to provide detailed information on the consultation with the most representative organizations of employers and workers with regard to the measures taken to formulate, implement and review a national policy on OSH (including where applicable, information on any institutionalized mechanisms for the consultation of the social partners in the process of legislative review in the area of OSH (including in the recent review of the Labour Code)).

Article 5(b). Adaptation of working conditions to workers. Following its previous comment, the Committee notes that section 348 of the Labour Code requires employers to take preventive measures to ensure safe conditions of facilities, equipment and technological processes, and provide for a system of rest periods for workers. The Committee also notes the requirements of employers to undertake workplace appraisals, as provided for in section 348 of the Labour Code and by Government Decision No. 429 of 2014. The Committee takes note of this information.

Article 5(e). Protection of workers and their representatives from disciplinary measures for actions properly taken in conformity with the policy. The Committee notes that the Government has not provided a response to its request on how effect is given to this Article of the Convention. However, the Committee notes that section 344 of the 2016 Labour Code provides for the protection of trade unions and other worker representatives with regard to their actions taken in relation to OSH. The Committee requests the Government to take the necessary measures to ensure that individual workers without particular OSH responsibilities are protected from disciplinary measures as a result of actions properly taken by them in conformity with the policy.

Article 10. Guidance to employers and workers to help them comply with their legal obligations. The Committee notes the Government’s indication, in reply to its previous request, that the labour inspection services provide guidance to employers and workers on measures to achieve a safe and healthy work environment, including on the violations detected during inspections, the legal provisions concerned and methods to achieve compliance. The Committee also notes the Government’s reference to awareness-raising measures on labour legislation through mass media and modern information technology. The Committee takes note of this information.

Article 11(b). Functions to be progressively carried out by the competent authorities. Determination of work processes and of substance and agents, the exposure to which is to be controlled by the competent authority or authorities; health hazards due to the simultaneous exposure to several substances or agents. The Committee notes that similar to section 23 of the (now repealed) OSH Act, section 352 of the Labour Code prohibits the exposure of workers to hazardous substances, materials, products and goods, as well as the introduction of technologies at workplaces without prior examination and approval by the competent state bodies. Noting an absence of information in reply to its previous request, the Committee once again requests the Government to provide information about the protection of workers from health hazards due to the simultaneous exposure to several substances or agents.

Article 11(e). Annual publication of information on occupational accidents, occupational diseases and other injuries to health. The Committee notes the statistical information provided by the Government in its report concerning the number of occupational accidents, the number of persons charged with violations under the relevant legislation, the amount of compensation paid, as well as observed trends in the number of accidents between 2015 and the first quarter of 2016. The Committee also notes the analysis of the main industrial activities in which accidents happened and the causes of accidents. Taking note of this information, the Committee requests the Government to indicate the measures taken or envisaged to provide for the annual publication of information on measures taken in pursuance of the national OSH policy, and on occupational accidents, occupational diseases and other injuries to health.

Article 11(f). Systems to examine chemical, physical and biological agents in respect of the risk. The Committee notes that the Ministry of Industry and New Technology assesses compliance with laws and regulations on chemical and radiation safety and with laws and regulations concerning the implementation of health, safety and environment management systems at workplaces. The Committee requests the Government to provide information on whether it is intended to extend the system to examine chemical and physical agents to the examination of biological agents in respect of the risk to the health of workers.

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Information on the correct installation and/or use of machinery, equipment and substances; information on hazards related to machinery, equipment and substances and instructions on how known hazards are to be avoided. Studies and research. The Committee notes the requirement in section 352(6) of the Labour Code to obtain certificates of conformity with OSH standards concerning machinery, equipment and substances. The Committee requests the Government to specify whether section 352(6) of the Labour Code applies to persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, and if so, to provide more specific information on the certification procedure (including the applicable standards and the responsible authority). Noting an absence of information in reply to its previous request, the Committee once again requests the Government to provide information on the measures taken to ensure that the persons referred to in Article 12 provide relevant information and instructions on how hazards are avoided, and undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with the obligations under Article 12(a) and (b).

Articles 13 and 19(f). Protection of workers who removed themselves from situations that they believe to present imminent and serious danger. The Committee notes that pursuant to section 335(4) of the Labour Code, workers may stop working, where they are not provided with the personal protective equipment to protect them from a danger to their life or health, and are entitled to continue to be paid wages. Moreover, pursuant to section 337 of the Labour Code, workers have the right to remove themselves if they believe that they are exposed to a danger threatening their life or health, on the condition that they cannot eliminate the danger through any means at their disposal.

Article 17. Obligation for employers to collaborate whenever two or more undertakings engage in activities simultaneously at one workplace. The Committee notes that the 2016 Labour Code does not regulate the collaboration of two or more employers at one workplace. The Committee therefore once again requests the Government to provide information on procedures prescribed for collaboration between two or more employers undertaking activities simultaneously at one workplace.

Article 18. Measures to deal with emergencies and accidents, including first-aid arrangements. The Committee notes the Government’s indication, in reply to its previous request, that the Act on Industrial Safety at Hazardous Production Facilities (Act No. 2 of 12 February 2004) provides for requirements to ensure the safe operation of hazardous production facilities, aimed at preventing disasters and accidents at hazardous production facilities and ensuring that companies using hazardous production facilities are prepared to contain and address the effects of such disasters. Moreover, the Committee notes that section 340 of the Labour Code provides that employers are required to organize primary health-care services to attend to accidents or diseases at the workplace, and arrange for appropriate healthcare services. The Committee requests the Government to provide information on any measures taken or envisaged to require employers, besides hazardous production facilities, to provide measures to deal with emergencies.

Article 19(e). Inquiries by the workers or their representatives and involvement of technical advisers. The Committee previously requested the Government to indicate if workers or their representatives are entitled to inquire into all aspects of OSH associated with their work, as envisaged by the Convention, and if, to this end, technical advisers can be brought in from outside the undertaking by mutual agreement. In this respect, the Committee notes that section 345 of the Labour Code provides that workers have the right to apply to authorized public entities on labour and social protection or their local offices to inspect labour conditions and protection on workplace; and to participate personally or through their representative in inspection and investigation of the issues related to improvement of labour conditions and protection. The Committee also notes that pursuant to section 357 of the Labour Code, trade union inspectors may participate as independent experts in commissions concerning production facilities and tools. The Committee takes note of this information.

Article 20. Cooperation at the level of the undertaking. The Committee notes that section 356 of the Labour Code, just as the repealed OSH Act, foresees the possibility to establish labour protection (OSH) committees in undertakings, which are composed of an equal number of representatives of employers and trade unions (or other representative bodies authorized by workers). The Committee requests the Government to provide more detailed information on the implementation of section 356 of the Labour Code in practice.

B. Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Articles 2, 4, 6, 7, 10 and 11. Sale, hire, transfer in any other manner and exhibition of machinery. Obligation concerning the guarding of machinery. Use by workers of machinery without guards. The Committee notes that section 352(6) of the Labour Code provides that machinery must meet the established protective requirements and require a certificate of compliance. Moreover, the Committee notes that section 138 of the Labour Code requires employers to ensure the proper operation of machinery, equipment and other facilities. The Committee also notes the Government’s reference to technical standard 12.2.062-81, which provides for preventive measures to protect workers from moving parts of machinery. In this context, the Committee notes that according to the information provided by the Government in its report under Convention No. 155, 28 per cent of all occupational accidents in 2015 were a result of the use of defective machinery, devices or equipment or the failure by workers to use individual safety gear. Referring to its request made under Article 12 of Convention No. 155, the Committee requests the Government to specify whether section 352(6) of the Labour Code provides for obligations of persons who sell, hire or transfer machinery for occupational use, and if so, to provide more specific information on the certification procedure (including the applicable standards and the responsible authority). The Committee requests the Government to provide information on how it is ensured that employers comply with their obligations to ensure the safe conditions of machinery, devices and equipment, so as to protect the safety and health of workers. Moreover, taking into account the statistics provided, the Committee requests the Government to provide up-to-date and detailed statistics on the accidents relating to the use of machinery, indicating the number, nature and cause of accidents.

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

Article 4 of the Convention. Measures to be taken for the prevention and control of occupational hazards. Provisions for the practical implementation of these measures. The Committee notes that section 138 of the Labour Code provides that employers are required to provide for a safe and healthy working environment, including the elimination of hazards from noise, radiation, vibration and other factors negatively affecting human health. Moreover, section 348 provides that employers have to conduct workplace appraisals at least every five years and publish instructions on how to prevent relevant risks. The Committee also notes the Government’s reference to the “Rules on conducting workplace appraisals of working conditions” approved by Decision No. 429 of 3 July 2014. The Committee requests the Government to provide more detailed information on the measures to be taken by employers for the prevention and control of, and protection against, occupational hazards in the working environment due in particular to air pollution, noise and vibration.

Article 6(2). Collaboration between two or more employers. The Committee refers to its comment under Article 17 of Convention No. 155 above.

Article 8. Criteria and exposure limits, revision of criteria at regular intervals and recourse to technical expertise in relation thereto. The Committee notes an absence of information in response to the Committee’s previous request. The Committee therefore once again requests the Government to provide information on the following: (a) the criteria established for determining the hazards of exposure covered by the Convention and the exposure limits specified for these hazards; (b) the procedure by which the established criteria and limits are supplemented and revised in light of current national and international knowledge and data; and (c) which representative organizations have designated technically competent persons for the purpose of this Article.

Article 9. Prevention of air pollution, noise and vibration through design or installation of new plants or processes or existing plants or processes. The Committee notes that section 352 of the Labour Code, just as section 23 of the repealed OSH Act, provides that technological processes must meet the requirements of OSH regulations during the construction and reconstruction of production facilities, machinery, tools and other production equipment. The Committee further notes that section 138 of the Labour Code requires employers to provide for safe and suitable labour conditions, including the elimination of the consequences of hazardous noise, radiation, vibration and other factors negatively affecting human health. The Committee takes note of this information.

Article 12. Use of processes, substances, machinery and equipment to be notified to the competent authority and any prohibitions thereon prescribed by the competent authority. The Committee refers to its comment under Article 11(b) of Convention No. 155 above, on the requirement of certification by the competent state bodies concerning the exposure of workers to potentially hazardous substances, materials, products and technologies. The Committee requests the Government to specify whether the obligation to obtain certification involves a requirement to notify all working means involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration.

Article 13. Information and instructions on occupational hazards in the working environment. The Committee notes that section 19 of the Labour Code provides that employers are obliged to inform workers about hazardous working conditions, and that section 352 provides that employers are required to publish instructions on how to prevent risks as detected from workplace assessments. The Committee requests the Government to specify whether such risk assessments cover occupational hazards due to air pollution, noise and vibration.

Article 15. Competent person or use of a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. Noting that the Government has not provided a reply in this regard, the Committee once again requests the Government to provide information on the requirements for employers to appoint a competent person, or use a competent outside service or service common to several undertakings to deal with relevant risks.

C. Protection in specific branches of activity

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

Articles 7, 11 and 14 of the Convention. Maintenance and cleanliness of premises and equipment. Arrangement of workplaces and layout of workstations. Sufficient and suitable seats. The Committee requests the Government to indicate whether there are any legal requirements for employers concerning the maintenance and cleanliness of premises and equipment (Article 7), the arrangement of workplaces and the layout of workstations (Article 11), as well as with regard to sufficient and suitable seats (Article 14).

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

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 119 (guarding of machinery), 120 (hygiene-commerce and offices) and 148 (working environment (air pollution, noise, and vibration)) and 155 (OSH) together.

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 1 and 2 of the Convention. Scope of application. The Committee notes that the new Labour Code adopted in 2016 repeals the 2009 Occupational Safety and Health (OSH) Act, and includes many provisions of the latter. The Committee notes that while the OSH Law of 2009 applied to all workers who are in an employment relationship with employers, students in vocational training and military personnel (section 3 of the repealed Law), the Labour Code of 2016 applies only to workers defined as individuals maintaining labour relations with employers on the basis of a signed employment contract. Recalling that no categories of workers were excluded from the scope of application of the Convention (in accordance with Articles 1(2) and 2(2)), the Committee requests the Government to provide information on the measures taken or envisaged to ensure the application of the Convention to all workers.

Articles 4 and 8. Formulation, implementation and periodic review of a coherent national policy on OSH and the working environment. Consultation with the representative organizations of employers and workers concerned. The Committee notes that contrary to the repealed OSH Act, the 2016 Labour Code does not specifically enumerate the basic principles to be covered by the national policy on OSH. However, the Committee notes that the Labour Code makes reference to such a policy, provides for the development and the enforcement of legislative and regulatory safety requirements, and refers to promotional actions on occupational safety (sections 327, 329 and 331). The Committee welcomes the development, with ILO assistance, of a National OSH Profile, which was presented at a round table in 2017, and it notes that the Government intends to develop a national OSH programme with ILO assistance. The Committee notes that section 328 of the Labour Code provides for cooperation of government agencies and local executive authorities with employers and workers and their associations and other authorized representatives of workers in the implementation of the national OSH policy. However, the Committee notes that the Government has not provided the requested information on the consultation of the social partners in relation to the national policy on OSH. The Committee requests the Government to provide information on any developments concerning a national programme, and provide a copy thereof, once adopted. The Committee requests the Government to provide detailed information on the consultation with the most representative organizations of employers and workers with regard to the measures taken to formulate, implement and review a national policy on OSH (including where applicable, information on any institutionalized mechanisms for the consultation of the social partners in the process of legislative review in the area of OSH (including in the recent review of the Labour Code)).

Article 5(b). Adaptation of working conditions to workers. Following its previous comment, the Committee notes that section 348 of the Labour Code requires employers to take preventive measures to ensure safe conditions of facilities, equipment and technological processes, and provide for a system of rest periods for workers. The Committee also notes the requirements of employers to undertake workplace appraisals, as provided for in section 348 of the Labour Code and by Government Decision No. 429 of 2014. The Committee takes note of this information.

Article 5(e). Protection of workers and their representatives from disciplinary measures for actions properly taken in conformity with the policy. The Committee notes that the Government has not provided a response to its request on how effect is given to this Article of the Convention. However, the Committee notes that section 344 of the 2016 Labour Code provides for the protection of trade unions and other worker representatives with regard to their actions taken in relation to OSH. The Committee requests the Government to take the necessary measures to ensure that individual workers without particular OSH responsibilities are protected from disciplinary measures as a result of actions properly taken by them in conformity with the policy.

Article 10. Guidance to employers and workers to help them comply with their legal obligations. The Committee notes the Government’s indication, in reply to its previous request, that the labour inspection services provide guidance to employers and workers on measures to achieve a safe and healthy work environment, including on the violations detected during inspections, the legal provisions concerned and methods to achieve compliance. The Committee also notes the Government’s reference to awareness-raising measures on labour legislation through mass media and modern information technology. The Committee takes note of this information.

Article 11(b). Functions to be progressively carried out by the competent authorities. Determination of work processes and of substance and agents, the exposure to which is to be controlled by the competent authority or authorities; health hazards due to the simultaneous exposure to several substances or agents. The Committee notes that similar to section 23 of the (now repealed) OSH Act, section 352 of the Labour Code prohibits the exposure of workers to hazardous substances, materials, products and goods, as well as the introduction of technologies at workplaces without prior examination and approval by the competent state bodies. Noting an absence of information in reply to its previous request, the Committee once again requests the Government to provide information about the protection of workers from health hazards due to the simultaneous exposure to several substances or agents.

Article 11(e). Annual publication of information on occupational accidents, occupational diseases and other injuries to health. The Committee notes the statistical information provided by the Government in its report concerning the number of occupational accidents, the number of persons charged with violations under the relevant legislation, the amount of compensation paid, as well as observed trends in the number of accidents between 2015 and the first quarter of 2016. The Committee also notes the analysis of the main industrial activities in which accidents happened and the causes of accidents. Taking note of this information, the Committee requests the Government to indicate the measures taken or envisaged to provide for the annual publication of information on measures taken in pursuance of the national OSH policy, and on occupational accidents, occupational diseases and other injuries to health.

Article 11(f). Systems to examine chemical, physical and biological agents in respect of the risk. The Committee notes that the Ministry of Industry and New Technology assesses compliance with laws and regulations on chemical and radiation safety and with laws and regulations concerning the implementation of health, safety and environment management systems at workplaces. The Committee requests the Government to provide information on whether it is intended to extend the system to examine chemical and physical agents to the examination of biological agents in respect of the risk to the health of workers.

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Information on the correct installation and/or use of machinery, equipment and substances; information on hazards related to machinery, equipment and substances and instructions on how known hazards are to be avoided. Studies and research. The Committee notes the requirement in section 352(6) of the Labour Code to obtain certificates of conformity with OSH standards concerning machinery, equipment and substances. The Committee requests the Government to specify whether section 352(6) of the Labour Code applies to persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, and if so, to provide more specific information on the certification procedure (including the applicable standards and the responsible authority). Noting an absence of information in reply to its previous request, the Committee once again requests the Government to provide information on the measures taken to ensure that the persons referred to in Article 12 provide relevant information and instructions on how hazards are avoided, and undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with the obligations under Article 12(a) and (b).

Articles 13 and 19(f). Protection of workers who removed themselves from situations that they believe to present imminent and serious danger. The Committee notes that pursuant to section 335(4) of the Labour Code, workers may stop working, where they are not provided with the personal protective equipment to protect them from a danger to their life or health, and are entitled to continue to be paid wages. Moreover, pursuant to section 337 of the Labour Code, workers have the right to remove themselves if they believe that they are exposed to a danger threatening their life or health, on the condition that they cannot eliminate the danger through any means at their disposal.

Article 17. Obligation for employers to collaborate whenever two or more undertakings engage in activities simultaneously at one workplace. The Committee notes that the 2016 Labour Code does not regulate the collaboration of two or more employers at one workplace. The Committee therefore once again requests the Government to provide information on procedures prescribed for collaboration between two or more employers undertaking activities simultaneously at one workplace.

Article 18. Measures to deal with emergencies and accidents, including first-aid arrangements. The Committee notes the Government’s indication, in reply to its previous request, that the Act on Industrial Safety at Hazardous Production Facilities (Act No. 2 of 12 February 2004) provides for requirements to ensure the safe operation of hazardous production facilities, aimed at preventing disasters and accidents at hazardous production facilities and ensuring that companies using hazardous production facilities are prepared to contain and address the effects of such disasters. Moreover, the Committee notes that section 340 of the Labour Code provides that employers are required to organize primary health-care services to attend to accidents or diseases at the workplace, and arrange for appropriate healthcare services. The Committee requests the Government to provide information on any measures taken or envisaged to require employers, besides hazardous production facilities, to provide measures to deal with emergencies.

Article 19(e). Inquiries by the workers or their representatives and involvement of technical advisers. The Committee previously requested the Government to indicate if workers or their representatives are entitled to inquire into all aspects of OSH associated with their work, as envisaged by the Convention, and if, to this end, technical advisers can be brought in from outside the undertaking by mutual agreement. In this respect, the Committee notes that section 345 of the Labour Code provides that workers have the right to apply to authorized public entities on labour and social protection or their local offices to inspect labour conditions and protection on workplace; and to participate personally or through their representative in inspection and investigation of the issues related to improvement of labour conditions and protection. The Committee also notes that pursuant to section 357 of the Labour Code, trade union inspectors may participate as independent experts in commissions concerning production facilities and tools. The Committee takes note of this information.

Article 20. Cooperation at the level of the undertaking. The Committee notes that section 356 of the Labour Code, just as the repealed OSH Act, foresees the possibility to establish labour protection (OSH) committees in undertakings, which are composed of an equal number of representatives of employers and trade unions (or other representative bodies authorized by workers). The Committee requests the Government to provide more detailed information on the implementation of section 356 of the Labour Code in practice.

Guarding of Machinery Convention, 1963 (No. 119)

Articles 2, 4, 6, 7, 10 and 11. Sale, hire, transfer in any other manner and exhibition of machinery. Obligation concerning the guarding of machinery. Use by workers of machinery without guards. The Committee notes that section 352(6) of the Labour Code provides that machinery must meet the established protective requirements and require a certificate of compliance. Moreover, the Committee notes that section 138 of the Labour Code requires employers to ensure the proper operation of machinery, equipment and other facilities. The Committee also notes the Government’s reference to technical standard 12.2.062-81, which provides for preventive measures to protect workers from moving parts of machinery. In this context, the Committee notes that according to the information provided by the Government in its report under Convention No. 155, 28 per cent of all occupational accidents in 2015 were a result of the use of defective machinery, devices or equipment or the failure by workers to use individual safety gear. Referring to its request made under Article 12 of Convention No. 155, the Committee requests the Government to specify whether section 352(6) of the Labour Code provides for obligations of persons who sell, hire or transfer machinery for occupational use, and if so, to provide more specific information on the certification procedure (including the applicable standards and the responsible authority). The Committee requests the Government to provide information on how it is ensured that employers comply with their obligations to ensure the safe conditions of machinery, devices and equipment, so as to protect the safety and health of workers. Moreover, taking into account the statistics provided, the Committee requests the Government to provide up-to-date and detailed statistics on the accidents relating to the use of machinery, indicating the number, nature and cause of accidents.

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

Article 4 of the Convention. Measures to be taken for the prevention and control of occupational hazards. Provisions for the practical implementation of these measures. The Committee notes that section 138 of the Labour Code provides that employers are required to provide for a safe and healthy working environment, including the elimination of hazards from noise, radiation, vibration and other factors negatively affecting human health. Moreover, section 348 provides that employers have to conduct workplace appraisals at least every five years and publish instructions on how to prevent relevant risks. The Committee also notes the Government’s reference to the “Rules on conducting workplace appraisals of working conditions” approved by Decision No. 429 of 3 July 2014. The Committee requests the Government to provide more detailed information on the measures to be taken by employers for the prevention and control of, and protection against, occupational hazards in the working environment due in particular to air pollution, noise and vibration.

Article 6(2). Collaboration between two or more employers. The Committee refers to its comment under Article 17 of Convention No. 155 above.

Article 8. Criteria and exposure limits, revision of criteria at regular intervals and recourse to technical expertise in relation thereto. The Committee notes an absence of information in response to the Committee’s previous request. The Committee therefore once again requests the Government to provide information on the following: (a) the criteria established for determining the hazards of exposure covered by the Convention and the exposure limits specified for these hazards; (b) the procedure by which the established criteria and limits are supplemented and revised in light of current national and international knowledge and data; and (c) which representative organizations have designated technically competent persons for the purpose of this Article.

Article 9. Prevention of air pollution, noise and vibration through design or installation of new plants or processes or existing plants or processes. The Committee notes that section 352 of the Labour Code, just as section 23 of the repealed OSH Act, provides that technological processes must meet the requirements of OSH regulations during the construction and reconstruction of production facilities, machinery, tools and other production equipment. The Committee further notes that section 138 of the Labour Code requires employers to provide for safe and suitable labour conditions, including the elimination of the consequences of hazardous noise, radiation, vibration and other factors negatively affecting human health. The Committee takes note of this information.

Article 12. Use of processes, substances, machinery and equipment to be notified to the competent authority and any prohibitions thereon prescribed by the competent authority. The Committee refers to its comment under Article 11(b) of Convention No. 155 above, on the requirement of certification by the competent state bodies concerning the exposure of workers to potentially hazardous substances, materials, products and technologies. The Committee requests the Government to specify whether the obligation to obtain certification involves a requirement to notify all working means involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration.

Article 13. Information and instructions on occupational hazards in the working environment. The Committee notes that section 19 of the Labour Code provides that employers are obliged to inform workers about hazardous working conditions, and that section 352 provides that employers are required to publish instructions on how to prevent risks as detected from workplace assessments. The Committee requests the Government to specify whether such risk assessments cover occupational hazards due to air pollution, noise and vibration.

Article 15. Competent person or use of a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. Noting that the Government has not provided a reply in this regard, the Committee once again requests the Government to provide information on the requirements for employers to appoint a competent person, or use a competent outside service or service common to several undertakings to deal with relevant risks.

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

Articles 7, 11 and 14 of the Convention. Maintenance and cleanliness of premises and equipment. Arrangement of workplaces and layout of workstations. Sufficient and suitable seats. The Committee requests the Government to indicate whether there are any legal requirements for employers concerning the maintenance and cleanliness of premises and equipment (Article 7), the arrangement of workplaces and the layout of workstations (Article 11), as well as with regard to sufficient and suitable seats (Article 14).

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

The Committee notes the information provided by the Government in its report in reply to its previous comments regarding the following Articles of the Convention: Article 3(1) (appropriate steps to ensure effective protection of workers against ionizing radiations); Article 5 (restriction of the exposure of workers to the lowest practicable level); Article 6(1) (fixing of maximum permissible doses); Article 8 (fixing of appropriate levels for workers who may be exposed temporarily to ionizing radiations); Article 9 (information and instruction of workers exposed); Article 11 (monitoring of workers and places of work to measure the exposure of workers to radiation); Article 12 (appropriate medical examinations); Article 13 (measures to be taken urgently in certain circumstances to be specified because of the nature or degree of the exposure); and Article 15 (inspection services).

Articles 6(2), 7, 10 and 14 of the Convention. Constant review of the maximum permissible doses of ionizing radiations in light of current knowledge. Fixing of appropriate levels for workers under the age of 18. Notification of work involving exposure to ionizing radiations. Transfer to other appropriate work for a worker who could be subject to exposure to ionizing radiations contrary to qualified medical advice. The Committee notes the Government’s intention to submit a detailed report on the Convention, taking into consideration the up-to-date relevant international standards. In this regard, the Committee wishes to draw the Government’s attention, in particular, to the following paragraphs of its general observation: paragraphs 32–37 on the maximum permissible dose limits, according to the categories of workers and during an emergency; and paragraph 40 on the discontinuation of assignment to work involving exposure to ionizing radiations further to medical advice and the offer of alternative employment. The Committee invites the Government to review its legislation in light of the abovementioned paragraphs of its 2015 general observation and to provide information on the measures taken to bring it into conformity with the up-to-date standards on radiation protection.

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

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.

Repetition

The Committee notes the information provided by the Government that the Tajikistan Ministry for Labour and Social protection has drawn up a draft ordinance on “Regulatory instruments containing State regulatory requirements on safety and health”. According thereto, relevant ministries and departments will develop sectoral regulations and national standards on organizing and ensuring safe conditions of work in any kind of activity, including planning; construction and operation of facilities; construction of machinery, mechanisms and other equipment; development of technical processes; and organization of production and work. Against this background the Committee requests the Government to provide further detailed information on the effect given to this Convention in current law and practice; to keep the Office informed of any further developments relevant for the application of this Convention; and to transmit copies of any new legislation once it has been adopted.

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee reminds the Government that, by ratifying a Convention, it undertakes to give full effect to all its provisions in law and practice and to submit reports on the subject. Consequently, it requests the Government to provide detailed information on the specific legal provisions and other measures giving effect to each of the Articles of the Convention and to provide a copy of these provisions, if possible in a working language of the ILO. It also requests the Government to send information on any technical assistance requested or received in this regard.

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

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 expresses concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the information provided by the Government that in order to ensure the necessary conditions of work, to increase safety levels in each workplace, and to protect workers’ life and health in the course of their work, the Tajikistan Ministry for Labour and Social protection has drawn up a draft ordinance on “Regulatory instruments containing State regulatory requirements on safety and health”. According thereto, relevant ministries and departments will develop sectoral regulations and national standards on organizing and ensuring safe conditions of work in any kind of activity, including planning; construction and operation of facilities; construction of machinery, mechanisms and other equipment; development of technical processes; and organization of production and work. This regulatory instrument will strengthen the legal framework in the field of occupational safety and health, improve the situation in that regard, and will emphasize the employers’ duty to fulfil their obligations, in particular ensuring appropriate safe conditions of work and occupational safety and health in every workplace. With reference to the National Profile on Occupational Safety and Health in the Republic of Tajikistan, published by the ILO Subregional Office in Moscow in 2008, the Committee notes that, in addition to the abovementioned draft laws and regulations, the legislation cited therein, including the Labour Code (12 May 1997) and the Law on Occupational Safety (24 December 1991) would appear to contain provisions relevant to the application of this Convention. Against this background the Committee requests the Government to provide further detailed information on the effect given to this Convention in current law and practice; to keep the Office informed of any further developments relevant for the application of this Convention; and to transmit copies of any new legislation once it has been adopted.

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

Article 3 of the Convention. Definition of the three types of risk regulated by the Convention. The Committee notes that the Government’s report and the available legislation are silent with regard to the application of the definitions of the three types of hazards: “air pollution”, “noise” and “vibration”. The Committee requests the Government to provide further information on the measures taken to define the terms specified under Article 3 of the Convention.

Article 4. Measures to be taken for the prevention and control of occupational hazards; provisions for the practical implementation of these measures. The Committee notes that section 144 of the Labour Code of Tajikistan of 15 May 1997 (the Labour Code) prescribes that in all undertakings working conditions should be created which meet the requirements relating to occupational safety and health (OSH). The Committee also notes that section 9 of the Law on Occupational Safety and Health of 19 May 2009 No. 517 (the OSH Act) provides that every worker during employment is entitled to a workplace protected from exposure to hazardous and harmful factors of the working environment. The Committee requests the Government to provide further information on: (a) the laws and regulations prescribing that measures shall be taken for the prevention and control of, and protection against, occupational hazards in the working environment due in particular to air pollution, noise and vibration; and (b) the provisions adopted for the practical implementation of the measures prescribed (through technical standards, codes of practice or other appropriate methods).

Article 5. Consultations with the most representative organizations of employers and workers. The Committee notes that pursuant to section 17 of the OSH Act, to ensure application of OSH regulations, OSH committees may be created in undertakings, which will be composed of representatives of employers and trade unions, or other representative bodies authorized by workers. The Committee requests the Government to provide further information describing the procedures instituted for consulting the most representative organizations of employers and workers in giving effect to the Convention, as well as with representatives of employers and workers in the elaboration of provisions concerning the practical implementation of the measures prescribed (Article 4); and collaboration between employers and workers at the various levels in the application of the measures prescribed. The Committee also requests the Government to provide information about the possibility for representatives of the employer and of the workers of the undertaking to accompany inspectors supervising the application of the prescribed measures.

Article 6(2). Collaboration between two or more employers. The Committee requests the Government to provide information on procedures prescribed for collaboration between two or more employers undertaking activities simultaneously at one workplace.

Article 8. Criteria and exposure limits, revision of criteria at regular intervals and recourse to technical expertise in relation thereto. The Committee requests the Government to provide information on the following: (a) the criteria established for determining the hazards of exposure covered by the Convention and the exposure limits specified for these hazards; (b) the procedure by which the established criteria and limits are supplemented and revised in light of current national and international knowledge and data; and (c) which representative organizations have designated technically competent persons for the purpose of this Article.

Article 9. Prevention of air pollution, noise and vibration through design or installation of new plants or processes or existing plants or processes. The Committee notes that section 23 of the OSH Act provides that technological processes must meet the requirements of OSH regulations during the construction and reconstruction of production facilities, machinery, tools and other production equipment. The Committee requests the Government to provide further information concerning the particulars of the technical measures prescribed for new plants or processes in design or installation, or added to existing plant or processes which permit the working environment to be kept free from any hazard due to air pollution, noise or vibration.

Article 12. Use of processes, substances, machinery and equipment to be notified to the competent authority and any prohibitions thereon prescribed by the competent authority. The Committee requests the Government to identify the competent authority, and to provide information on conditions prescribed by this authority for such use.

Article 13. Information and instructions on occupational hazards in the working environment. The Committee requests the Government to provide information on the measures taken to ensure that all persons concerned are informed of potential occupational hazards due to air pollution, noise and vibration and are instructed in the measures available regarding prevention, control and protection.

Article 14. Promotion of research in the field of prevention and control of hazards due to air pollution, noise and vibration. The Committee requests the Government to describe the measures taken to promote research in this area.

Article 15. Appointment by the employers of a competent person or use of a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. The Committee requests the Government to provide information on the measures taken to ensure the appointment of a competent person or the use of a competent service by the employers in accordance with this Article.

Application of the Convention in practice. The Committee requests the Government to provide specific information regarding measures taken to apply the Convention in the country, including, for instance, extracts from the reports of the inspection services, and, if such statistics are available, information on the number of workers covered by the relevant legislation and other measures, and the number and nature of contraventions reported, etc.

Communication of copies of the Government’s report to the representative organizations of employers and workers. The Committee notes that the Government provides no information about this important point. The Committee requests the Government to indicate the representative organizations of employers and workers to which copies of the present report have been communicated, and to which copies of future reports will be communicated, in accordance with article 23(2) of the Constitution of the International Labour Organisation.

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

Article 4(1) and (2) of the Convention. Obligation to formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment. Principle of prevention. Article 7. Review of the situation regarding occupational safety and health and the working environment at appropriate intervals. The Committee notes that the Labour Code of Tajikistan of 15 May 1997 (the Labour Code) and the Occupational Safety and Health Act of Tajikistan No. 517 of 19 May 2009 (the OSH Act) contain the basic principles of the national policy on occupational safety and health (OSH). Recalling that the aim of the policy shall be prevention, the Committee requests the Government to provide further information on the measures taken to formulate a coherent national policy, to implement and to review it, and to consult with the most representative organizations of employers and workers in this respect (Article 4). The Committee also requests the Government to provide information on arrangements made for the review of the situation on OSH and the working environment, including details on the intervals provided for such a review (Article 7).

Article 5(b). Relationships between the material elements of work and the persons who carry out or supervise the work. With reference to the General Survey on occupational safety and health of 2009, and in particular paragraph 68, the Committee wishes to indicate that this provision refers to the need to ensure that machinery, equipment, working-time arrangements, organization of work and work processes are adapted to the physical and mental capacities of the workers and that this adaptation is an important element of prevention of occupational accidents and diseases, including, in particular, musculoskeletal diseases. The Committee requests the Government to provide detailed information on measures taken, in law and in practice, to give effect to this provision of the Convention.

Article 5(d). Communication and cooperation at the levels of the working group and the undertaking, and at all other appropriate levels up to and including the national level. The Committee notes that pursuant to section 17 of the OSH Act, OSH committees may be created in undertakings which are composed of representatives of employers and trade unions, or other representative bodies authorized by workers, in order to organize joint actions of employers and workers for ensuring the application of OSH regulations. The Committee requests the Government to provide further information on the application, in law and in practice, of these provisions of the Convention, including with respect to communication and cooperation at the national level.

Article 5(e). Protection of workers and their representatives from disciplinary measures for actions properly taken in conformity with the policy. The Committee requests the Government to provide information on the measures taken, in law and in practice, to give full effect to this provision of the Convention.

Article 8. Measures taken to give effect to the national policy, including legislation. Consultation with the representative organizations of employers and workers concerned. The Committee requests the Government to provide further information about the manner in which the representative organizations of employers and workers concerned are consulted with respect to the measures adopted to give effect to the national policy, including legislation.

Article 10. Guidance to employers and workers to help them to comply with their legal obligations. The Committee requests the Government to provide further information on measures taken to give effect to this provision of the Convention.

Article 11(b). Functions to be progressively carried out by the competent authorities. Determination of work processes and of substance and agents, the exposure to which is to be controlled by the competent authority or authorities; health hazards due to the simultaneous exposure to several substances or agents. The Committee notes that section 23 of the OSH Act outlines prohibitions and restrictions with regard to exposure to hazardous substances, materials, products and goods. In addition, the introduction of new techniques and technologies at workplaces is prohibited without prior examination and approval by the competent state bodies. The Committee requests the Government to provide further information about the manner in which health hazards due to the simultaneous exposure to several substances or agents are taken into consideration.

Article 11(e) and (f). Annual publication of information on occupational accidents, occupational diseases and other injuries to health. Systems to examine chemical, physical and biological agents in respect of the risk. The Committee requests the Government to provide information on the measures taken to ensure that these functions are progressively carried out by the competent authority or authorities.

Article 12(b) and (c). Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Information on the correct installation and/or use of machinery, equipment and substances; information on hazards related to machinery, equipment and substances and instructions on how known hazards are to be avoided. Studies and research. The Committee notes the requirements provided by section 23 of the OSH Act as regards machinery, equipment and substances, including the need for certificates of conformity. The Committee requests the Government to provide information on the measures taken to ensure that relevant information and instructions are made available and studies and research are undertaken by the persons designated, in conformity with these provisions of the Convention.

Article 17. Obligation for employers to collaborate whenever two or more undertakings engage in activities simultaneously at one workplace. The Committee requests the Government to provide information on the application, in law and in practice, of this provision of the Convention.

Article 18. Measures to deal with emergencies and accidents, including first-aid arrangements. The Committee requests the Government to provide information on the application, in law and in practice, of this provision of the Convention.

Article 19(e). Inquiries by the workers or their representatives; involvement of technical advisers. The Committee requests the Government to indicate if workers or their representatives are enabled to inquire into all aspects of OSH associated with their work, as envisaged by the Convention, and if, to this end, technical advisers can be brought in from outside the undertaking by mutual agreement.

Article 19(f). Employers cannot require workers to return to an employment situation where there is an imminent and serious danger to life or health. The Committee notes that section 150 of the Labour Code prescribes that a worker has the duty to report forthwith to his immediate supervisor or the body responsible for OSH in the undertaking about any situation in the course of his employment where there is danger to his life or health. The Committee asks the Government to provide further information on the measures taken to ensure that the employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life and health, in accordance with the requirements under this provision of the Convention.

Application in practice. The Committee welcomes the information provided by the Government regarding the activities of the labour inspection for the period of 2005–09, which gives an account of the number of undertakings inspected, the number of violations of the laws and regulations on labour and OSH identified, and the details of the appropriate measures taken to eliminate such violations. The Committee requests the Government to continue providing a general appreciation of the manner in which the Convention is applied, and to supply extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, the number and nature of the contraventions reported, the number, nature and cause of the accidents reported, etc.

Communication of copies of the report to the representative organizations of employers and workers. The Committee notes that the Government provides no information about this important point. The Committee requests the Government to indicate the representative organizations of employers and workers to which copies of the present report have been communicated, and to which copies of future reports will be communicated, in accordance with article 23(2) of the Constitution of the International Labour Organisation.

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

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

Repetition

The Committee notes with regret that the Government has not submitted the requested detailed report. It reminds the Government that, by ratifying a Convention, it undertakes to give full effect to all its provisions in law and practice and to submit reports on the subject. Consequently, it requests the Government to provide detailed information on the specific legal provisions and other measures giving effect to each of the Articles of the Convention and to provide a copy of these provisions, if possible in a working language of the ILO. It also requests the Government to send information on any technical assistance requested or received in this regard.

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

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

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 comments.

The Committee refers to the request for technical assistance submitted by the Government in 2005, its 2005 general observation concerning the submission of the Government of reports on ratified Conventions, and the Decent Work Country Programme adopted for 2007–09 which included as an objective “Promotion and better implementation of standards, fundamental principles and rights in the sphere of labour in the Republic of Tajikistan”. The Committee also notes the brief report submitted by the Government in 2009, which refers to national legislation, including the Law on radiation safety (No. 42) adopted on 1 July 2003, and the new radiation safety standards (HP-06). Against this background, the Committee hopes that appropriate technical assistance will be provided to the Government to enable it to submit a detailed report on the application of the present Convention, including copies of the Law on radiation safety and the new radiation safety standards, so that the Committee can evaluate the application of the Convention in the country.

The Committee also reminds the Government that measures must be taken, in particular to give effect to the following Articles of the Convention: Articles 3(1) and 6(2) (appropriate steps to ensure effective protection of workers against ionizing radiations and to keep under constant review in the light of current knowledge the maximum permissible doses of ionizing radiations); Article 5 (reduction of exposure of workers to the lowest practicable level); Article 6 (fixing and constant review of the maximum permissible doses and amounts of ionizing radiations); Article 7 (fixing of appropriate levels for workers who are aged 18 and over and for those under the age of 18 who are directly engaged in work involving ionizing radiations; prohibition for any worker under the age of 16 to be engaged in work involving ionizing radiations); Article 8 (fixing of appropriate levels for workers who may be exposed temporarily to ionizing radiations); Article 9 (information and instruction of workers exposed); Article 10 (notification of work involving exposure to ionizing radiations); Article 12 (appropriate medical examination prior to or shortly after taking up work involving exposure to radiations and subsequent further medical examinations at appropriate intervals); Article 13 (measures to be taken urgently in certain circumstances to be specified because of the nature or degree of the exposure); and Article 14 (transfer to other appropriate work for a worker who could be subject to exposure to ionizing radiations contrary to qualified medical advice). The Committee asks the Government to provide information on measures taken or envisaged to give effect to the abovementioned Articles of the Convention.

Part V of the report form. Application in practice. The Committee notes that the Government indicates that the Agency of Nuclear and Radiation Safety is the competent authority of the State for ensuring nuclear and radiation safety and that this agency represents the beginning of the creation of an infrastructure and legislative base in the area of radiation safety. The Committee requests the Government to provide further information on the role and functions of the Agency of Nuclear and Radiation Safety and whether it is the competent authority within the terms of Article 15 of the Convention. The Committee also asks the Government to give a general appreciation of the manner in which the Convention is applied in the country including, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention.

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

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 comments.

Repetition

The Committee notes the information provided by the Government that in order to ensure the necessary conditions of work, to increase safety levels in each workplace, and to protect workers’ life and health in the course of their work, the Tajikistan Ministry for Labour and Social protection has drawn up a draft ordinance on “Regulatory instruments containing State regulatory requirements on safety and health”. According thereto, relevant ministries and departments will develop sectoral regulations and national standards on organizing and ensuring safe conditions of work in any kind of activity, including planning; construction and operation of facilities; construction of machinery, mechanisms and other equipment; development of technical processes; and organization of production and work. This regulatory instrument will strengthen the legal framework in the field of occupational safety and health, improve the situation in that regard, and will emphasize the employers’ duty to fulfil their obligations, in particular ensuring appropriate safe conditions of work and occupational safety and health in every workplace. With reference to the National Profile on Occupational Safety and Health in the Republic of Tajikistan, published by the ILO Subregional Office in Moscow in 2008, the Committee notes that, in addition to the abovementioned draft laws and regulations, the legislation cited therein, including the Labour Code (12 May 1997) and the Law on Occupational Safety (24 December 1991) would appear to contain provisions relevant to the application of this Convention. Against this background the Committee requests the Government to provide further detailed information on the effect given to this Convention in current law and practice; to keep the Office informed of any further developments relevant for the application of this Convention; and to transmit copies of any new legislation once it has been adopted.

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

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 comments.

Repetition

The Committee notes with regret that the Government has not submitted the requested detailed report. It reminds the Government that, by ratifying a Convention, it undertakes to give full effect to all its provisions in law and practice and to submit reports on the subject. Consequently, it requests the Government to provide detailed information on the specific legal provisions and other measures giving effect to each of the Articles of the Convention and to provide a copy of these provisions, if possible in a working language of the ILO. It also requests the Government to send information on any technical assistance requested or received in this regard.

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

Article 3 of the Convention. Definition of the three types of risk regulated by the Convention. The Committee notes that the Government’s report and the available legislation are silent with regard to the application of the definitions of the three types of hazards: “air pollution”, “noise” and “vibration”. The Committee requests the Government to provide further information on the measures taken to define the terms specified under Article 3 of the Convention.

Article 4. Measures to be taken for the prevention and control of occupational hazards; provisions for the practical implementation of these measures. The Committee notes that section 144 of the Labour Code of Tajikistan of 15 May 1997 (the Labour Code) prescribes that in all undertakings working conditions should be created which meet the requirements relating to occupational safety and health (OSH). The Committee also notes that section 9 of the Law on Occupational Safety and Health of 19 May 2009 No. 517 (the OSH Act) provides that every worker during employment is entitled to a workplace protected from exposure to hazardous and harmful factors of the working environment. The Committee requests the Government to provide further information on: (a) the laws and regulations prescribing that measures shall be taken for the prevention and control of, and protection against, occupational hazards in the working environment due in particular to air pollution, noise and vibration; and (b) the provisions adopted for the practical implementation of the measures prescribed (through technical standards, codes of practice or other appropriate methods).

Article 5. Consultations with the most representative organizations of employers and workers. The Committee notes that pursuant to section 17 of the OSH Act, to ensure application of OSH regulations, OSH committees may be created in undertakings, which will be composed of representatives of employers and trade unions, or other representative bodies authorized by workers. The Committee requests the Government to provide further information describing the procedures instituted for consulting the most representative organizations of employers and workers in giving effect to the Convention, as well as with representatives of employers and workers in the elaboration of provisions concerning the practical implementation of the measures prescribed (Article 4); and collaboration between employers and workers at the various levels in the application of the measures prescribed. The Committee also requests the Government to provide information about the possibility for representatives of the employer and of the workers of the undertaking to accompany inspectors supervising the application of the prescribed measures.

Article 6(2). Collaboration between two or more employers. The Committee requests the Government to provide information on procedures prescribed for collaboration between two or more employers undertaking activities simultaneously at one workplace.

Article 8. Criteria and exposure limits, revision of criteria at regular intervals and recourse to technical expertise in relation thereto. The Committee requests the Government to provide information on the following: (a) the criteria established for determining the hazards of exposure covered by the Convention and the exposure limits specified for these hazards; (b) the procedure by which the established criteria and limits are supplemented and revised in light of current national and international knowledge and data; and (c) which representative organizations have designated technically competent persons for the purpose of this Article.

Article 9. Prevention of air pollution, noise and vibration through design or installation of new plants or processes or existing plants or processes. The Committee notes that section 23 of the OSH Act provides that technological processes must meet the requirements of OSH regulations during the construction and reconstruction of production facilities, machinery, tools and other production equipment. The Committee requests the Government to provide further information concerning the particulars of the technical measures prescribed for new plants or processes in design or installation, or added to existing plant or processes which permit the working environment to be kept free from any hazard due to air pollution, noise or vibration.

Article 12. Use of processes, substances, machinery and equipment to be notified to the competent authority and any prohibitions thereon prescribed by the competent authority. The Committee requests the Government to identify the competent authority, and to provide information on conditions prescribed by this authority for such use.

Article 13. Information and instructions on occupational hazards in the working environment. The Committee requests the Government to provide information on the measures taken to ensure that all persons concerned are informed of potential occupational hazards due to air pollution, noise and vibration and are instructed in the measures available regarding prevention, control and protection.

Article 14. Promotion of research in the field of prevention and control of hazards due to air pollution, noise and vibration. The Committee requests the Government to describe the measures taken to promote research in this area.

Article 15. Appointment by the employers of a competent person or use of a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. The Committee requests the Government to provide information on the measures taken to ensure the appointment of a competent person or the use of a competent service by the employers in accordance with this Article.

Part IV of the report form. Application of the Convention in practice. The Committee requests the Government to provide specific information regarding measures taken to apply the Convention in the country, including, for instance, extracts from the reports of the inspection services, and, if such statistics are available, information on the number of workers covered by the relevant legislation and other measures, and the number and nature of contraventions reported, etc.

Part V of the report form. Communication of copies of the Government’s report to the representative organizations of employers and workers. The Committee notes that the Government provides no information about this important point. The Committee requests the Government to indicate the representative organizations of employers and workers to which copies of the present report have been communicated, and to which copies of future reports will be communicated, in accordance with article 23(2) of the Constitution of the International Labour Organization.

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

Article 4(1) and (2) of the Convention. Obligation to formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment. Principle of prevention. Article 7. Review of the situation regarding occupational safety and health and the working environment at appropriate intervals. The Committee notes that the Labour Code of Tajikistan of 15 May 1997 (the Labour Code) and the Occupational Safety and Health Act of Tajikistan No. 517 of 19 May 2009 (the OSH Act) contain the basic principles of the national policy on occupational safety and health (OSH). Recalling that the aim of the policy shall be prevention, the Committee requests the Government to provide further information on the measures taken to formulate a coherent national policy, to implement and to review it, and to consult with the most representative organizations of employers and workers in this respect (Article 4). The Committee also requests the Government to provide information on arrangements made for the review of the situation on OSH and the working environment, including details on the intervals provided for such a review (Article 7).

Article 5(b). Relationships between the material elements of work and the persons who carry out or supervise the work. With reference to the General Survey on occupational safety and health of 2009, and in particular paragraph 68, the Committee wishes to indicate that this provision refers to the need to ensure that machinery, equipment, working-time arrangements, organization of work and work processes are adapted to the physical and mental capacities of the workers and that this adaptation is an important element of prevention of occupational accidents and diseases, including, in particular, musculoskeletal diseases. The Committee requests the Government to provide detailed information on measures taken, in law and in practice, to give effect to this provision of the Convention.

Article 5(d). Communication and cooperation at the levels of the working group and the undertaking, and at all other appropriate levels up to and including the national level. The Committee notes that pursuant to section 17 of the OSH Act, OSH committees may be created in undertakings which are composed of representatives of employers and trade unions, or other representative bodies authorized by workers, in order to organize joint actions of employers and workers for ensuring the application of OSH regulations. The Committee requests the Government to provide further information on the application, in law and in practice, of these provisions of the Convention, including with respect to communication and cooperation at the national level.

Article 5(e). Protection of workers and their representatives from disciplinary measures for actions properly taken in conformity with the policy. The Committee requests the Government to provide information on the measures taken, in law and in practice, to give full effect to this provision of the Convention.

Article 8. Measures taken to give effect to the national policy, including legislation. Consultation with the representative organizations of employers and workers concerned. The Committee requests the Government to provide further information about the manner in which the representative organizations of employers and workers concerned are consulted with respect to the measures adopted to give effect to the national policy, including legislation.

Article 10. Guidance to employers and workers to help them to comply with their legal obligations. The Committee requests the Government to provide further information on measures taken to give effect to this provision of the Convention.

Article 11(b). Functions to be progressively carried out by the competent authorities. Determination of work processes and of substance and agents, the exposure to which is to be controlled by the competent authority or authorities; health hazards due to the simultaneous exposure to several substances or agents. The Committee notes that section 23 of the OSH Act outlines prohibitions and restrictions with regard to exposure to hazardous substances, materials, products and goods. In addition, the introduction of new techniques and technologies at workplaces is prohibited without prior examination and approval by the competent state bodies. The Committee requests the Government to provide further information about the manner in which health hazards due to the simultaneous exposure to several substances or agents are taken into consideration.

Article 11(e) and (f). Annual publication of information on occupational accidents, occupational diseases and other injuries to health. Systems to examine chemical, physical and biological agents in respect of the risk. The Committee requests the Government to provide information on the measures taken to ensure that these functions are progressively carried out by the competent authority or authorities.

Article 12(b) and (c). Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Information on the correct installation and/or use of machinery, equipment and substances; information on hazards related to machinery, equipment and substances and instructions on how known hazards are to be avoided. Studies and research. The Committee notes the requirements provided by section 23 of the OSH Act as regards machinery, equipment and substances, including the need for certificates of conformity. The Committee requests the Government to provide information on the measures taken to ensure that relevant information and instructions are made available and studies and research are undertaken by the persons designated, in conformity with these provisions of the Convention.

Article 17. Obligation for employers to collaborate whenever two or more undertakings engage in activities simultaneously at one workplace. The Committee requests the Government to provide information on the application, in law and in practice, of this provision of the Convention.

Article 18. Measures to deal with emergencies and accidents, including first-aid arrangements. The Committee requests the Government to provide information on the application, in law and in practice, of this provision of the Convention.

Article 19(e). Inquiries by the workers or their representatives; involvement of technical advisers. The Committee requests the Government to indicate if workers or their representatives are enabled to inquire into all aspects of OSH associated with their work, as envisaged by the Convention, and if, to this end, technical advisers can be brought in from outside the undertaking by mutual agreement.

Article 19(f). Employers cannot require workers to return to an employment situation where there is an imminent and serious danger to life or health. The Committee notes that section 150 of the Labour Code prescribes that a worker has the duty to report forthwith to his immediate supervisor or the body responsible for OSH in the undertaking about any situation in the course of his employment where there is danger to his life or health. The Committee asks the Government to provide further information on the measures taken to ensure that the employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life and health, in accordance with the requirements under this provision of the Convention.

Part V of the report form. Application in practice. The Committee welcomes the information provided by the Government regarding the activities of the labour inspection for the period of 2005–09, which gives an account of the number of undertakings inspected, the number of violations of the laws and regulations on labour and OSH identified, and the details of the appropriate measures taken to eliminate such violations. The Committee requests the Government to continue providing a general appreciation of the manner in which the Convention is applied, and to supply extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, the number and nature of the contraventions reported, the number, nature and cause of the accidents reported, etc.

Part VI of the report form. Communication of copies of the report to the representative organizations of employers and workers. The Committee notes that the Government provides no information about this important point. The Committee requests the Government to indicate the representative organizations of employers and workers to which copies of the present report have been communicated, and to which copies of future reports will be communicated, in accordance with article 23(2) of the Constitution of the International Labour Organization.

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

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:

Repetition

Relevant legislation. The Committee notes the information provided in the Government’s report and the reference made to the fact that several laws and regulations related to ensuring radiation safety of workers, population and environment have been adopted and are in force. The Committee also notes the statement that, in practice, in enterprises dealing with sources of ionizing radiation, monitoring of workers and places of work is regularly carried out in order to measure the exposure of workers to ionizing radiations, and that, after individual dosimeter controls, workers directly engaged in radiation work are informed of their received doses of radiation exposure. The Committee also notes, however, that the Government’s report is silent as regards the Committee’s previous comments and that it has not made relevant laws and regulations available to the Committee. The Committee requests the Government to submit copies of relevant legislation with its next report which also should contain full information on the matters raised in its previous direct request which read as follows:

The Committee refers to the request for technical assistance submitted by the Government in 2005, its 2005 general observation concerning the submission of the Government of reports on ratified Conventions, and the Decent Work Country Programme adopted for 2007–09 which included as an objective “Promotion and better implementation of standards, fundamental principles and rights in the sphere of labour in the Republic of Tajikistan”. The Committee also notes the brief report submitted by the Government in 2009, which refers to national legislation, including the Law on radiation safety (No. 42) adopted on 1 July 2003, and the new radiation safety standards (HP-06). Against this background, the Committee hopes that appropriate technical assistance will be provided to the Government to enable it to submit a detailed report on the application of the present Convention, including copies of the Law on radiation safety and the new radiation safety standards, so that the Committee can evaluate the application of the Convention in the country.

The Committee also reminds the Government that measures must be taken, in particular to give effect to the following Articles of the Convention: Articles 3(1) and 6(2) (appropriate steps to ensure effective protection of workers against ionizing radiations and to keep under constant review in the light of current knowledge the maximum permissible doses of ionizing radiations); Article 5 (reduction of exposure of workers to the lowest practicable level); Article 6 (fixing and constant review of the maximum permissible doses and amounts of ionizing radiations); Article 7 (fixing of appropriate levels for workers who are aged 18 and over and for those under the age of 18 who are directly engaged in work involving ionizing radiations; prohibition for any worker under the age of 16 to be engaged in work involving ionizing radiations); Article 8 (fixing of appropriate levels for workers who may be exposed temporarily to ionizing radiations); Article 9 (information and instruction of workers exposed); Article 10 (notification of work involving exposure to ionizing radiations); Article 12 (appropriate medical examination prior to or shortly after taking up work involving exposure to radiations and subsequent further medical examinations at appropriate intervals); Article 13 (measures to be taken urgently in certain circumstances to be specified because of the nature or degree of the exposure); and Article 14 (transfer to other appropriate work for a worker who could be subject to exposure to ionizing radiations contrary to qualified medical advice). The Committee asks the Government to provide information on measures taken or envisaged to give effect to the abovementioned Articles of the Convention.

Part V of the report form. Application in practice. The Committee notes that the Government indicates that the Agency of Nuclear and Radiation Safety is the competent authority of the State for ensuring nuclear and radiation safety and that this agency represents the beginning of the creation of an infrastructure and legislative base in the area of radiation safety. The Committee requests the Government to provide further information on the role and functions of the Agency of Nuclear and Radiation Safety and whether it is the competent authority within the terms of Article 15 of the Convention. The Committee also asks the Government to give a general appreciation of the manner in which the Convention is applied in the country including, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention.

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

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 information provided by the Government that in order to ensure the necessary conditions of work, to increase safety levels in each workplace, and to protect workers’ life and health in the course of their work, the Tajikistan Ministry for Labour and Social protection has drawn up a draft ordinance on “Regulatory instruments containing State regulatory requirements on safety and health”. According thereto, relevant ministries and departments will develop sectoral regulations and national standards on organizing and ensuring safe conditions of work in any kind of activity, including planning; construction and operation of facilities; construction of machinery, mechanisms and other equipment; development of technical processes; and organization of production and work. This regulatory instrument will strengthen the legal framework in the field of occupational safety and health, improve the situation in that regard, and will emphasize the employers’ duty to fulfil their obligations, in particular ensuring appropriate safe conditions of work and occupational safety and health in every workplace. With reference to the National Profile on Occupational Safety and Health in the Republic of Tajikistan, published by the ILO Subregional Office in Moscow in 2008, the Committee notes that, in addition to the abovementioned draft laws and regulations, the legislation cited therein, including the Labour Code (12 May 1997) and the Law on Occupational Safety (24 December 1991) would appear to contain provisions relevant to the application of this Convention. Against this background the Committee requests the Government to provide further detailed information on the effect given to this Convention in current law and practice; to keep the Office informed of any further developments relevant for the application of this Convention; and to transmit copies of any new legislation once it has been adopted.

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

The Committee notes with regret that the Government has not submitted the requested detailed report. It reminds the Government that, by ratifying a Convention, it undertakes to give full effect to all its provisions in law and practice and to submit reports on the subject. Consequently, it requests the Government to provide detailed information on the specific legal provisions and other measures giving effect to each of the Articles of the Convention and to provide a copy of these provisions, if possible in a working language of the ILO. It also requests the Government to send information on any technical assistance requested or received in this regard.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3 of the Convention. Definition of the three types of risk regulated by the Convention. The Committee notes that the Government’s report and the available legislation are silent with regard to the application of the definitions of the three types of hazards: “air pollution”, “noise” and “vibration”. The Committee requests the Government to provide further information on the measures taken to define the terms specified under Article 3 of the Convention.

Article 4. Measures to be taken for the prevention and control of occupational hazards; provisions for the practical implementation of these measures. The Committee notes that section 144 of the Labour Code of Tajikistan of 15 May 1997 (the Labour Code) prescribes that in all undertakings working conditions should be created which meet the requirements relating to occupational safety and health (OSH). The Committee also notes that section 9 of the Law on Occupational Safety and Health of 19 May 2009 No. 517 (the OSH Act) provides that every worker during employment is entitled to a workplace protected from exposure to hazardous and harmful factors of the working environment. The Committee requests the Government to provide further information on: (a) the laws and regulations prescribing that measures shall be taken for the prevention and control of, and protection against, occupational hazards in the working environment due in particular to air pollution, noise and vibration; and (b) the provisions adopted for the practical implementation of the measures prescribed (through technical standards, codes of practice or other appropriate methods).

Article 5. Consultations with the most representative organizations of employers and workers. The Committee notes that pursuant to section 17 of the OSH Act, to ensure application of OSH regulations, OSH committees may be created in undertakings, which will be composed of representatives of employers and trade unions, or other representative bodies authorized by workers. The Committee requests the Government to provide further information describing the procedures instituted for consulting the most representative organizations of employers and workers in giving effect to the Convention, as well as with representatives of employers and workers in the elaboration of provisions concerning the practical implementation of the measures prescribed (Article 4); and collaboration between employers and workers at the various levels in the application of the measures prescribed. The Committee also requests the Government to provide information about the possibility for representatives of the employer and of the workers of the undertaking to accompany inspectors supervising the application of the prescribed measures.

Article 6(2). Collaboration between two or more employers. The Committee requests the Government to provide information on procedures prescribed for collaboration between two or more employers undertaking activities simultaneously at one workplace.

Article 8. Criteria and exposure limits, revision of criteria at regular intervals and recourse to technical expertise in relation thereto. The Committee requests the Government to provide information on the following: (a) the criteria established for determining the hazards of exposure covered by the Convention and the exposure limits specified for these hazards; (b) the procedure by which the established criteria and limits are supplemented and revised in light of current national and international knowledge and data; and (c) which representative organizations have designated technically competent persons for the purpose of this Article.

Article 9. Prevention of air pollution, noise and vibration through design or installation of new plants or processes or existing plants or processes. The Committee notes that section 23 of the OSH Act provides that technological processes must meet the requirements of OSH regulations during the construction and reconstruction of production facilities, machinery, tools and other production equipment. The Committee requests the Government to provide further information concerning the particulars of the technical measures prescribed for new plants or processes in design or installation, or added to existing plant or processes which permit the working environment to be kept free from any hazard due to air pollution, noise or vibration.

Article 12. Use of processes, substances, machinery and equipment to be notified to the competent authority and any prohibitions thereon prescribed by the competent authority. The Committee requests the Government to identify the competent authority, and to provide information on conditions prescribed by this authority for such use.

Article 13. Information and instructions on occupational hazards in the working environment. The Committee requests the Government to provide information on the measures taken to ensure that all persons concerned are informed of potential occupational hazards due to air pollution, noise and vibration and are instructed in the measures available regarding prevention, control and protection.

Article 14. Promotion of research in the field of prevention and control of hazards due to air pollution, noise and vibration. The Committee requests the Government to describe the measures taken to promote research in this area.

Article 15. Appointment by the employers of a competent person or use of a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. The Committee requests the Government to provide information on the measures taken to ensure the appointment of a competent person or the use of a competent service by the employers in accordance with this Article.

Part IV of the report form. Application of the Convention in practice. The Committee requests the Government to provide specific information regarding measures taken to apply the Convention in the country, including, for instance, extracts from the reports of the inspection services, and, if such statistics are available, information on the number of workers covered by the relevant legislation and other measures, and the number and nature of contraventions reported, etc.

Part V of the report form. Communication of copies of the Government’s report to the representative organizations of employers and workers. The Committee notes that the Government provides no information about this important point. The Committee requests the Government to indicate the representative organizations of employers and workers to which copies of the present report have been communicated, and to which copies of future reports will be communicated, in accordance with article 23(2) of the Constitution of the International Labour Organisation.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 4(1) and (2) of the Convention. Obligation to formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment. Principle of prevention. Article 7. Review of the situation regarding occupational safety and health and the working environment at appropriate intervals. The Committee notes that the Labour Code of Tajikistan of 15 May 1997 (the Labour Code) and the Occupational Safety and Health Act of Tajikistan No. 517 of 19 May 2009 (the OSH Act) contain the basic principles of the national policy on occupational safety and health (OSH). Recalling that the aim of the policy shall be prevention, the Committee requests the Government to provide further information on the measures taken to formulate a coherent national policy, to implement and to review it, and to consult with the most representative organizations of employers and workers in this respect (Article 4). The Committee also requests the Government to provide information on arrangements made for the review of the situation on OSH and the working environment, including details on the intervals provided for such a review (Article 7).

Article 5(b). Relationships between the material elements of work and the persons who carry out or supervise the work. With reference to the General Survey on occupational safety and health (International Labour Conference, 98th Session, 2009), and in particular paragraph 68, the Committee wishes to indicate that this provision refers to the need to ensure that machinery, equipment, working-time arrangements, organization of work and work processes are adapted to the physical and mental capacities of the workers and that this adaptation is an important element of prevention of occupational accidents and diseases, including, in particular, musculoskeletal diseases. The Committee requests the Government to provide detailed information on measures taken, in law and in practice, to give effect to this provision of the Convention.

Article 5(d). Communication and cooperation at the levels of the working group and the undertaking, and at all other appropriate levels up to and including the national level. The Committee notes that pursuant to section 17 of the OSH Act, OSH committees may be created in undertakings which are composed of representatives of employers and trade unions, or other representative bodies authorized by workers, in order to organize joint actions of employers and workers for ensuring the application of OSH regulations. The Committee requests the Government to provide further information on the application, in law and in practice, of these provisions of the Convention, including with respect to communication and cooperation at the national level.

Article 5(e). Protection of workers and their representatives from disciplinary measures for actions properly taken in conformity with the policy. The Committee requests the Government to provide information on the measures taken, in law and in practice, to give full effect to this provision of the Convention.

Article 8. Measures taken to give effect to the national policy, including legislation. Consultation with the representative organizations of employers and workers concerned. The Committee requests the Government to provide further information about the manner in which the representative organizations of employers and workers concerned are consulted with respect to the measures adopted to give effect to the national policy, including legislation.

Article 10. Guidance to employers and workers to help them to comply with their legal obligations. The Committee requests the Government to provide further information on measures taken to give effect to this provision of the Convention.

Article 11(b). Functions to be progressively carried out by the competent authorities. Determination of work processes and of substance and agents, the exposure to which is to be controlled by the competent authority or authorities; health hazards due to the simultaneous exposure to several substances or agents. The Committee notes that section 23 of the OSH Act outlines prohibitions and restrictions with regard to exposure to hazardous substances, materials, products and goods. In addition, the introduction of new techniques and technologies at workplaces is prohibited without prior examination and approval by the competent state bodies. The Committee requests the Government to provide further information about the manner in which health hazards due to the simultaneous exposure to several substances or agents are taken into consideration.

Article 11(e) and (f). Annual publication of information on occupational accidents, occupational diseases and other injuries to health. Systems to examine chemical, physical and biological agents in respect of the risk. The Committee requests the Government to provide information on the measures taken to ensure that these functions are progressively carried out by the competent authority or authorities.

Article 12(b) and (c). Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Information on the correct installation and/or use of machinery, equipment and substances; information on hazards related to machinery, equipment and substances and instructions on how known hazards are to be avoided. Studies and research. The Committee notes the requirements provided by section 23 of the OSH Act as regards machinery, equipment and substances, including the need for certificates of conformity. The Committee requests the Government to provide information on the measures taken to ensure that relevant information and instructions are made available and studies and research are undertaken by the persons designated, in conformity with these provisions of the Convention.

Article 17. Obligation for employers to collaborate whenever two or more undertakings engage in activities simultaneously at one workplace. The Committee requests the Government to provide information on the application, in law and in practice, of this provision of the Convention.

Article 18. Measures to deal with emergencies and accidents, including first-aid arrangements. The Committee requests the Government to provide information on the application, in law and in practice, of this provision of the Convention.

Article 19(e). Inquiries by the workers or their representatives; involvement of technical advisers. The Committee requests the Government to indicate if workers or their representatives are enabled to inquire into all aspects of OSH associated with their work, as envisaged by the Convention, and if, to this end, technical advisers can be brought in from outside the undertaking by mutual agreement.

Article 19(f). Employers cannot require workers to return to an employment situation where there is an imminent and serious danger to life or health. The Committee notes that section 150 of the Labour Code prescribes that a worker has the duty to report forthwith to his immediate supervisor or the body responsible for OSH in the undertaking about any situation in the course of his employment where there is danger to his life or health. The Committee asks the Government to provide further information on the measures taken to ensure that the employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life and health, in accordance with the requirements under this provision of the Convention.

Part V of the report form. Application in practice. The Committee welcomes the information provided by the Government regarding the activities of the labour inspection for the period of 2005–09, which gives an account of the number of undertakings inspected, the number of violations of the laws and regulations on labour and OSH identified, and the details of the appropriate measures taken to eliminate such violations. The Committee requests the Government to continue providing a general appreciation of the manner in which the Convention is applied, and to supply extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, the number and nature of the contraventions reported, the number, nature and cause of the accidents reported, etc.

Part VI of the report form. Communication of copies of the report to the representative organizations of employers and workers. The Committee notes that the Government provides no information about this important point. The Committee requests the Government to indicate the representative organizations of employers and workers to which copies of the present report have been communicated, and to which copies of future reports will be communicated, in accordance with article 23(2) of the Constitution of the International Labour Organisation.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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:

Repetition

The Committee notes the information provided by the Government that in order to ensure the necessary conditions of work, to increase safety levels in each workplace, and to protect workers’ life and health in the course of their work, the Tajikistan Ministry for Labour and Social protection has drawn up a draft ordinance on “Regulatory instruments containing State regulatory requirements on safety and health”. According thereto, relevant ministries and departments will develop sectoral regulations and national standards on organizing and ensuring safe conditions of work in any kind of activity, including planning; construction and operation of facilities; construction of machinery, mechanisms and other equipment; development of technical processes; and organization of production and work. This regulatory instrument will strengthen the legal framework in the field of occupational safety and health, improve the situation in that regard, and will emphasize the employers’ duty to fulfil their obligations, in particular ensuring appropriate safe conditions of work and occupational safety and health in every workplace. With reference to the National Profile on Occupational Safety and Health in the Republic of Tajikistan, published by the ILO Subregional Office in Moscow in 2008, the Committee notes that, in addition to the abovementioned draft laws and regulations, the legislation cited therein, including the Labour Code (12 May 1997) and the Law on Occupational Safety (24 December 1991) would appear to contain provisions relevant to the application of this Convention. Against this background the Committee requests the Government to provide further detailed information on the effect given to this Convention in current law and practice; to keep the Office informed of any further developments relevant for the application of this Convention; and to transmit copies of any new legislation once it has been adopted.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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 refers to the request for technical assistance submitted by the Government in 2005, its 2005 general observation concerning the submission of the Government of reports on ratified Conventions, and the Decent Work Country Programme adopted for the country in 2007–09 which included as an objective “Promotion and better implementation of standards, fundamental principles and rights in the sphere of labour in the Republic of Tajikistan”. The Committee also notes the brief report submitted by the Government in 2009, which refers to measurements carried out in accordance with sanitary recommendations and “SanPin” standards, but that this report does not contain sufficient information to enable the Committee to evaluate the application of the Convention in the country. Against this background, the Committee hopes that appropriate technical assistance will be provided to the Government 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 evaluate the application of the Convention in the country.

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

Relevant legislation. The Committee notes the information provided in the Government’s report and the reference made to the fact that several laws and regulations related to ensuring radiation safety of workers, population and environment have been adopted and are in force. The Committee also notes the statement that, in practice, in enterprises dealing with sources of ionizing radiation, monitoring of workers and places of work is regularly carried out in order to measure the exposure of workers to ionizing radiations, and that, after individual dosimeter controls, workers directly engaged in radiation work are informed of their received doses of radiation exposure. The Committee also notes, however, that the Government’s report is silent as regards the Committee’s previous comments and that it has not made relevant laws and regulations available to the Committee. The Committee requests the Government to submit copies of relevant legislation with its next report which also should contain full information on the matters raised in its previous observation which read as follows:

Repetition

The Committee refers to the request for technical assistance submitted by the Government in 2005, its 2005 general observation concerning the submission of the Government of reports on ratified Conventions, and the Decent Work Country Programme adopted for 2007–09 which included as an objective “Promotion and better implementation of standards, fundamental principles and rights in the sphere of labour in the Republic of Tajikistan”. The Committee also notes the brief report submitted by the Government in 2009, which refers to national legislation, including the Law on radiation safety (No. 42) adopted on 1 July 2003, and the new radiation safety standards (HP-06). Against this background, the Committee hopes that appropriate technical assistance will be provided to the Government to enable it to submit a detailed report on the application of the present Convention, including copies of the Law on radiation safety and the new radiation safety standards, so that the Committee can evaluate the application of the Convention in the country.

The Committee also reminds the Government that measures must be taken, in particular to give effect to the following Articles of the Convention: Articles 3(1) and 6(2) (appropriate steps to ensure effective protection of workers against ionizing radiations and to keep under constant review in the light of current knowledge the maximum permissible doses of ionizing radiations); Article 5 (reduction of exposure of workers to the lowest practicable level); Article 6 (fixing and constant review of the maximum permissible doses and amounts of ionizing radiations); Article 7 (fixing of appropriate levels for workers who are aged 18 and over and for those under the age of 18 who are directly engaged in work involving ionizing radiations; prohibition for any worker under the age of 16 to be engaged in work involving ionizing radiations); Article 8 (fixing of appropriate levels for workers who may be exposed temporarily to ionizing radiations); Article 9 (information and instruction of workers exposed); Article 10 (notification of work involving exposure to ionizing radiations); Article 12 (appropriate medical examination prior to or shortly after taking up work involving exposure to radiations and subsequent further medical examinations at appropriate intervals); Article 13 (measures to be taken urgently in certain circumstances to be specified because of the nature or degree of the exposure); and Article 14 (transfer to other appropriate work for a worker who could be subject to exposure to ionizing radiations contrary to qualified medical advice). The Committee asks the Government to provide information on measures taken or envisaged to give effect to the abovementioned Articles of the Convention.

Part V of the report form. Application in practice. The Committee notes that the Government indicates that the Agency of Nuclear and Radiation Safety is the competent authority of the State for ensuring nuclear and radiation safety and that this agency represents the beginning of the creation of an infrastructure and legislative base in the area of radiation safety. The Committee requests the Government to provide further information on the role and functions of the Agency of Nuclear and Radiation Safety and whether it is the competent authority within the terms of Article 15 of the Convention. The Committee also asks the Government to give a general appreciation of the manner in which the Convention is applied in the country including, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention.

[The Government is asked to report in detail in 2013.]

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

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:

Repetition

The Committee refers to the request for technical assistance submitted by the Government in 2005, its 2005 general observation concerning the submission of the Government of reports on ratified Conventions, and the Decent Work Country Programme adopted for the country in 2007–09 which included as an objective “Promotion and better implementation of standards, fundamental principles and rights in the sphere of labour in the Republic of Tajikistan”. The Committee also notes the brief report submitted by the Government in 2009, which refers to measurements carried out in accordance with sanitary recommendations and “SanPin” standards, but that this report does not contain sufficient information to enable the Committee to evaluate the application of the Convention in the country. Against this background, the Committee hopes that appropriate technical assistance will be provided to the Government 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 evaluate the application of the Convention in the country.

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

The Committee notes the information that according to section 160 of the Labour Code of the Republic of Tajikistan, it is prohibited to employ women in underground work, heavy work and work in harmful conditions, as well as work related to manual lifting and moving of loads in excess of the permitted legal limits.

The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on policy regarding the Revision of Standards, the ILO Governing Body has decided that with respect to underground work, the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos 4, 41 and 89, “the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial” (paragraph 186).

In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45. In this respect, the Committee recalls that according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018. The Committee requests the Government to keep the Office informed of any decision taken in this regard.

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

The Committee notes the information provided by the Government that in order to ensure the necessary conditions of work, to increase safety levels in each workplace, and to protect workers’ life and health in the course of their work, the Tajikistan Ministry for Labour and Social protection has drawn up a draft ordinance on “Regulatory instruments containing State regulatory requirements on safety and health”. According thereto, relevant ministries and departments will develop sectoral regulations and national standards on organizing and ensuring safe conditions of work in any kind of activity, including planning; construction and operation of facilities; construction of machinery, mechanisms and other equipment; development of technical processes; and organization of production and work. This regulatory instrument will strengthen the legal framework in the field of occupational safety and health, improve the situation in that regard, and will emphasize the employers’ duty to fulfil their obligations, in particular ensuring appropriate safe conditions of work and occupational safety and health in every workplace. With reference to the National Profile on Occupational Safety and Health in the Republic of Tajikistan, published by the ILO Subregional Office in Moscow in 2008, the Committee notes that, in addition to the abovementioned draft laws and regulations, the legislation cited therein, including the Labour Code (12 May 1997) and the Law on Occupational Safety (24 December 1991) would appear to contain provisions relevant to the application of this Convention. Against this background the Committee requests the Government to provide further detailed information on the effect given to this Convention in current law and practice; to keep the Office informed of any further developments relevant for the application of this Convention; and to transmit copies of any new legislation once it has been adopted.

[The Government is asked to report in detail in 2012.]

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

The Committee refers to the request for technical assistance submitted by the Government in 2005, its 2005 general observation concerning the submission of the Government of reports on ratified Conventions, and the Decent Work Country Programme adopted for 2007–09 which included as an objective “Promotion and better implementation of standards, fundamental principles and rights in the sphere of labour in the Republic of Tajikistan”. The Committee also notes the brief report submitted by the Government in 2009, which refers to national legislation, including the Law on radiation safety (No. 42) adopted on 1 July 2003, and the new radiation safety standards (HБP-06). Against this background, the Committee hopes that appropriate technical assistance will be provided to the Government to enable it to submit a detailed report on the application of the present Convention, including copies of the Law on radiation safety and the new radiation safety standards, so that the Committee can evaluate the application of the Convention in the country.

The Committee also reminds the Government that measures must be taken, in particular to give effect to the following Articles of the Convention: Articles 3(1) and 6(2) (appropriate steps to ensure effective protection of workers against ionizing radiations and to keep under constant review in the light of current knowledge the maximum permissible doses of ionizing radiations); Article 5 (reduction of exposure of workers to the lowest practicable level); Article 6 (fixing and constant review of the maximum permissible doses and amounts of ionizing radiations); Article 7 (fixing of appropriate levels for workers who are aged 18 and over and for those under the age of 18 who are directly engaged in work involving ionizing radiations; prohibition for any worker under the age of 16 to be engaged in work involving ionizing radiations); Article 8 (fixing of appropriate levels for workers who may be exposed temporarily to ionizing radiations); Article 9 (information and instruction of workers exposed); Article 10 (notification of work involving exposure to ionizing radiations); Article 11 (appropriate monitoring in regard to exposure levels); Article 12 (appropriate medical examination prior to or shortly after taking up work involving exposure to radiations and subsequent further medical examinations at appropriate intervals); Article 13 (measures to be taken urgently in certain circumstances to be specified because of the nature or degree of the exposure); Article 14 (transfer to other appropriate work for a worker who could be subject to exposure to ionizing radiations contrary to qualified medical advice); and Article 15 (provision of appropriate inspection services engaged to supervise the application of the provisions which will be adopted with a view to giving effect to the Convention). The Committee asks the Government to provide information on measures taken or envisaged to give effect to the abovementioned Articles of the Convention.

[The Government is asked to report in detail in 2011.]

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

The Committee refers to the request for technical assistance submitted by the Government in 2005, its 2005 general observation concerning the submission of the Government of reports on ratified Conventions, and the Decent Work Country Programme adopted for the country in 2007–09 which included as an objective “Promotion and better implementation of standards, fundamental principles and rights in the sphere of labour in the Republic of Tajikistan”. The Committee also notes the brief report submitted by the Government in 2009, which refers to measurements carried out in accordance with sanitary recommendations and “SanPin” standards, but that this report does not contain sufficient information to enable the Committee to evaluate the application of the Convention in the country. Against this background, the Committee hopes that appropriate technical assistance will be provided to the Government 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 evaluate the application of the Convention in the country.

[The Government is asked to report in detail in 2011.]

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

The Committee refers to the request for technical assistance submitted by the Government in 2005, its 2005 general observation concerning the submission by the Government of reports on ratified Conventions, and the Decent Work Country Programme adopted for the country for 2007–09 which included as an objective “promotion and better implementation of standards, fundamental principles and rights in the sphere of labour in the Republic of Tajikistan”. The Committee also notes the brief report submitted by the Government in 2009, which refers to measurements conducted of the levels of noise and vibrations at workplaces for different categories of labour activities in accordance with methodological and sanitary recommendations and the “SanPin” standard, but that this report does not contain sufficient information to enable the Committee to evaluate the application of the Convention in the country. Against this background, the Committee hopes that appropriate technical assistance will be provided to the Government 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 evaluate the application of the Convention in the country.

[The Government is asked to report in detail in 2011.]

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

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:

The Committee notes that the Labour Code and the Labour Protection Act, 1992, contain no provisions, other than those intended to prescribe general measures on safety and hygiene at work. It also notes that section 37 of the Labour Protection Act confers the force of domestic law on ratified Conventions. On this score, the Committee observes, recalling that specific measures must be taken to give effect to the provisions of the Convention which are not self-executing, that the Government indicates that the safety standards under Radiation-76-87 represent the chief legislation in regard to protection of workers against ionizing radiations. In the absence of this text, the Committee is not in a position to determine to what extent the safety standards under Radiation-76-87 give effect to the provisions of the Convention. The Committee would therefore be grateful if the Government would send it the text of the safety standards under Radiation-76-87.

The Committee takes this opportunity to recall that measures must be taken, in particular to give effect to the following Articles of the Convention: Article 3, paragraph 1, and Article 6, paragraph 2 (appropriate steps to ensure effective protection of workers against ionizing radiations and to keep under constant review in the light of current knowledge the maximum permissible doses of ionizing radiations); Article 5 (reduction of exposure of workers to the lowest practicable level); Article 6 (fixing and constant review of the maximum permissible doses and amounts of ionizing radiations); Article 7 (fixing of appropriate levels for workers who are aged 18 and over and for those under the age of 18 who are directly engaged in work involving ionizing radiations; prohibition for any worker under the age of 16 to be engaged in work involving ionizing radiations); Article 8 (fixing of appropriate levels for workers who may be exposed temporarily to ionizing radiations); Article 9 (information and instruction of workers exposed); Article 10 (notification of work involving exposure to ionizing radiations), Article 11 (appropriate monitoring in regard to exposure levels); Article 12 (appropriate medical examination prior to or shortly after taking up work involving exposure to radiations and subsequent further medical examinations at appropriate intervals); Article 13 (measures to be taken urgently in certain circumstances to be specified because of the nature or degree of the exposure); Article 14 (transfer to other appropriate work for a worker who could be subject to exposure to ionizing radiations contrary to qualified medical advice); and Article 15 (provision of appropriate inspection services engaged to supervise the application of the provisions which will be adopted with a view to giving effect to the Convention).

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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:

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

It notes that the Labour Code and the Labour Protection Act, 1992, contain no provisions, other than those intended to prescribe general measures on safety and hygiene at work. It also notes that section 37 of the Labour Protection Act confers the force of domestic law on ratified Conventions. On this score, the Committee observes, recalling that specific measures must be taken to give effect to the provisions of the Convention which are not self-executing, that the Government indicates that the safety standards under Radiation-76-87 represent the chief legislation in regard to protection of workers against ionizing radiations. In the absence of this text, the Committee is not in a position to determine to what extent the safety standards under Radiation-76-87 give effect to the provisions of the Convention. The Committee would therefore be grateful if the Government would send it the text of the safety standards under Radiation-76-87.

The Committee takes this opportunity to recall that measures must be taken, in particular to give effect to the following Articles of the Convention: Article 3, paragraph 1, and Article 6, paragraph 2 (appropriate steps to ensure effective protection of workers against ionizing radiations and to keep under constant review in the light of current knowledge the maximum permissible doses of ionizing radiations); Article 5 (reduction of exposure of workers to the lowest practicable level); Article 6 (fixing and constant review of the maximum permissible doses and amounts of ionizing radiations); Article 7 (fixing of appropriate levels for workers who are aged 18 and over and for those under the age of 18 who are directly engaged in work involving ionizing radiations; prohibition for any worker under the age of 16 to be engaged in work involving ionizing radiations); Article 8 (fixing of appropriate levels for workers who may be exposed temporarily to ionizing radiations); Article 9 (information and instruction of workers exposed); Article 10 (notification of work involving exposure to ionizing radiations), Article 11 (appropriate monitoring in regard to exposure levels); Article 12 (appropriate medical examination prior to or shortly after taking up work involving exposure to radiations and subsequent further medical examinations at appropriate intervals); Article 13 (measures to be taken urgently in certain circumstances to be specified because of the nature or degree of the exposure); Article 14 (transfer to other appropriate work for a worker who could be subject to exposure to ionizing radiations contrary to qualified medical advice); and Article 15 (provision of appropriate inspection services engaged to supervise the application of the provisions which will be adopted with a view to giving effect to the Convention).

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

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:

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

It notes that the Labour Code and the Labour Protection Act, 1992, contain no provisions, other than those intended to prescribe general measures on safety and hygiene at work. It also notes that section 37 of the Labour Protection Act confers the force of domestic law on ratified Conventions. On this score, the Committee observes, recalling that specific measures must be taken to give effect to the provisions of the Convention which are not self-executing, that the Government indicates that the safety standards under Radiation-76-87 represent the chief legislation in regard to protection of workers against ionizing radiations. In the absence of this text, the Committee is not in a position to determine to what extent the safety standards under Radiation-76-87 give effect to the provisions of the Convention. The Committee would therefore be grateful if the Government would send it the text of the safety standards under Radiation-76-87.

The Committee takes this opportunity to recall that measures must be taken, in particular to give effect to the following Articles of the Convention: Article 3, paragraph 1, and Article 6, paragraph 2 (appropriate steps to ensure effective protection of workers against ionizing radiations and to keep under constant review in the light of current knowledge the maximum permissible doses of ionizing radiations); Article 5 (reduction of exposure of workers to the lowest practicable level); Article 6 (fixing and constant review of the maximum permissible doses and amounts of ionizing radiations); Article 7 (fixing of appropriate levels for workers who are aged 18 and over and for those under the age of 18 who are directly engaged in work involving ionizing radiations; prohibition for any worker under the age of 16 to be engaged in work involving ionizing radiations); Article 8 (fixing of appropriate levels for workers who may be exposed temporarily to ionizing radiations); Article 9 (information and instruction of workers exposed); Article 10 (notification of work involving exposure to ionizing radiations), Article 11 (appropriate monitoring in regard to exposure levels); Article 12 (appropriate medical examination prior to or shortly after taking up work involving exposure to radiations and subsequent further medical examinations at appropriate intervals); Article 13 (measures to be taken urgently in certain circumstances to be specified because of the nature or degree of the exposure); Article 14 (transfer to other appropriate work for a worker who could be subject to exposure to ionizing radiations contrary to qualified medical advice); and Article 15 (provision of appropriate inspection services engaged to supervise the application of the provisions which will be adopted with a view to giving effect to the Convention).

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

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:

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

It notes that the Labour Code and the Labour Protection Act, 1992, contain no provisions, other than those intended to prescribe general measures on safety and hygiene at work. It also notes that section 37 of the Labour Protection Act confers the force of domestic law on ratified Conventions. On this score, the Committee observes, recalling that specific measures must be taken to give effect to the provisions of the Convention which are not self-executing, that the Government indicates that the safety standards under Radiation-76-87 represent the chief legislation in regard to protection of workers against ionizing radiations. In the absence of this text, the Committee is not in a position to determine to what extent the safety standards under Radiation-76-87 give effect to the provisions of the Convention. The Committee would therefore be grateful if the Government would send it the text of the safety standards under Radiation-76-87.

The Committee takes this opportunity to recall that measures must be taken, in particular to give effect to the following Articles of the Convention: Article 3, paragraph 1, and Article 6, paragraph 2, (appropriate steps to ensure effective protection of workers against ionizing radiations and to keep under constant review in the light of current knowledge the maximum permissible doses of ionizing radiations); Article 5 (reduction of exposure of workers to the lowest practicable level); Article 6 (fixing and constant review of the maximum permissible doses and amounts of ionizing radiations); Article 7 (fixing of appropriate levels for workers who are aged 18 and over and for those under the age of 18 who are directly engaged in work involving ionizing radiations; prohibition for any worker under the age of 16 to be engaged in work involving ionizing radiations); Article 8 (fixing of appropriate levels for workers who may be exposed temporarily to ionizing radiations); Article 9 (information and instruction of workers exposed); Article 10 (notification of work involving exposure to ionizing radiations), Article 11 (appropriate monitoring in regard to exposure levels); Article 12 (appropriate medical examination prior to or shortly after taking up work involving exposure to radiations and subsequent further medical examinations at appropriate intervals); Article 13 (measures to be taken urgently in certain circumstances to be specified because of the nature or degree of the exposure); Article 14 (transfer to other appropriate work for a worker who could be subject to exposure to ionizing radiations contrary to qualified medical advice); and Article 15 (provision of appropriate inspection services engaged to supervise the application of the provisions which will be adopted with a view to giving effect to the Convention).

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

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 information supplied by the Government in its first report.

It notes that the Labour Code and the Labour Protection Act, 1992, contain no provisions, other than those intended to prescribe general measures on safety and hygiene at work. It also notes that section 37 of the Labour Protection Act confers the force of domestic law on ratified Conventions. On this score, the Committee observes, recalling that specific measures must be taken to give effect to the provisions of the Convention which are not self-executing, that the Government indicates that the safety standards under Radiation-76-87 represent the chief legislation in regard to protection of workers against ionizing radiations. In the absence of this text, the Committee is not in a position to determine to what extent the safety standards under Radiation-76-87 give effect to the provisions of the Convention. The Committee would therefore be grateful if the Government would send it the text of the safety standards under Radiation-76-87.

The Committee takes this opportunity to recall that measures must be taken, in particular to give effect to the following Articles of the Convention: Article 3, paragraph 1, and Article 6, paragraph 2, (appropriate steps to ensure effective protection of workers against ionizing radiations and to keep under constant review in the light of current knowledge the maximum permissible doses of ionizing radiations); Article 5 (reduction of exposure of workers to the lowest practicable level); Article 6 (fixing and constant review of the maximum permissible doses and amounts of ionizing radiations); Article 7 (fixing of appropriate levels for workers who are aged 18 and over and for those under the age of 18 who are directly engaged in work involving ionizing radiations; prohibition for any worker under the age of 16 to be engaged in work involving ionizing radiations); Article 8 (fixing of appropriate levels for workers who may be exposed temporarily to ionizing radiations); Article 9 (information and instruction of workers exposed); Article 10 (notification of work involving exposure to ionizing radiations), Article 11 (appropriate monitoring in regard to exposure levels); Article 12 (appropriate medical examination prior to or shortly after taking up work involving exposure to radiations and subsequent further medical examinations at appropriate intervals); Article 13 (measures to be taken urgently in certain circumstances to be specified because of the nature or degree of the exposure); Article 14 (transfer to other appropriate work for a worker who could be subject to exposure to ionizing radiations contrary to qualified medical advice); and Article 15 (provision of appropriate inspection services engaged to supervise the application of the provisions which will be adopted with a view to giving effect to the Convention).

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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

It notes that the Labour Code and the Labour Protection Act, 1992, contain no provisions, other than those intended to prescribe general measures on safety and hygiene at work. It also notes that section 37 of the Labour Protection Act confers the force of domestic law on ratified Conventions. On this score, the Committee observes, recalling that specific measures must be taken to give effect to the provisions of the Convention which are not self-executing, that the Government indicates that the safety standards under Radiation-76-87 represent the chief legislation in regard to protection of workers against ionizing radiations. In the absence of this text, the Committee is not in a position to determine to what extent the safety standards under Radiation-76-87 give effect to the provisions of the Convention. The Committee would therefore be grateful if the Government would send it the text of the safety standards under Radiation-76-87.

The Committee takes this opportunity to recall that measures must be taken, in particular to give effect to the following Articles of the Convention: Article 3, paragraph 1, and Article 6, paragraph 2, (appropriate steps to ensure effective protection of workers against ionizing radiations and to keep under constant review in the light of current knowledge the maximum permissible doses of ionizing radiations); Article 5 (reduction of exposure of workers to the lowest practicable level); Article 6 (fixing and constant review of the maximum permissible doses and amounts of ionizing radiations); Article 7 (fixing of appropriate levels for workers who are aged 18 and over and for those under the age of 18 who are directly engaged in work involving ionizing radiations; prohibition for any worker under the age of 16 to be engaged in work involving ionizing radiations); Article 8 (fixing of appropriate levels for workers who may be exposed temporarily to ionizing radiations); Article 9 (information and instruction of workers exposed); Article 10 (notification of work involving exposure to ionizing radiations) Article 11 (appropriate monitoring in regard to exposure levels); Article 12 (appropriate medical examination prior to or shortly after taking up work involving exposure to radiations and subsequent further medical examinations at appropriate intervals); Article 13 (measures to be taken urgently in certain circumstances to be specified because of the nature or degree of the exposure); Article 14 (transfer to other appropriate work for a worker who could be subject to exposure to ionizing radiations contrary to qualified medical advice); and Article 15 (provision of appropriate inspection services engaged to supervise the application of the provisions which will be adopted with a view to giving effect to the Convention).