Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of the occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 148 (working environment (air pollution, noise and vibration)), 155 (OSH), 162 (asbestos), 167 (OSH in construction), and 187 (promotional framework for OSH) together.

General provisions

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

I. Action at the national level

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

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

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

National policy

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

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

National system

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

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

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

National programme

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

II. Action at the level of the undertaking

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

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

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

Protection against specific risks

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

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

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

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

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

Asbestos Convention, 1986 (No. 162)

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

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

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

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

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

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

Protection in specific branches of activity

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

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

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

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

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

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

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

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

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

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Article 3 of the Convention. Laws and regulations concerning the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos. Further to its previous comments, the Committee notes the Government’s reference in its report to the Order of the Ministry of Health No. 440 of 2011, approving the sanitary and epidemiological requirements for the maintenance and operation of facilities for the extraction and processing of chrysotile asbestos, the production of products and materials containing chrysotile and related working conditions. The Committee notes that Order No. 440 of 2011 was repealed by the Order of the Ministry of Health No. 362 of 2012. In this respect, the Committee notes with regret that the Government did not provide information on the adoption of new legislation giving effect to the Convention. It notes, in addition, the Government’s indications that: (i) occupational safety and health (OSH) regulations and practices are regularly assessed to determine their effectiveness, including their compliance with current requirements of international standards; and (ii) on the basis of this analysis, proposals are developed to update existing legislation. The Committee recalls that the resolution concerning asbestos, adopted by the 95th Session of the International Labour Conference in June 2006, considered that all forms of asbestos are classified as human carcinogens and stated that the elimination of the future use of asbestos and the identification and proper management of asbestos currently in place are the most effective means to protect workers from asbestos exposure and to prevent future asbestos-related diseases and deaths. The Committee requests the Government to take the necessary measures for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos, in accordance with Article 3(1) of the Convention. It requests the Government to provide information on the measures taken in this respect, and to indicate the consideration given to technological progress and advances in scientific knowledge.

Articles 9, 10, 13, 14, 15(3), 16–21, 22(2) and (3). Application of the Convention in law and in practice. In view of the lack of information, the Committee once again requests the Government to provide information on the measures adopted to give effect to the requirements of the Convention concerning:

• the measures for the prevention and control of exposure to asbestos (Article 9);
• the replacement or total or partial prohibition of asbestos, when technically practicable (Article 10);
• the obligation of employers to notify the competent authority of the types of work involving exposure to asbestos (Article 13);
• the responsibility of producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos to label the containers and products containing asbestos (Article 14);
• the adoption of appropriate measures to prevent or control the release of asbestos dust into the air (Article 15(3));
• the responsibility of employers regarding the prevention and control of the exposure of workers to asbestos (Article 16);
• the demolition of plants or structure containing asbestos, and removal of asbestos from buildings or structures (Article 17);
• the work clothing, special protective clothing, personal protective equipment and facilities for workers exposed to asbestos (Article 18);
• the disposal of waste containing asbestos (Article 19);
• the measurement of the concentration of airborne asbestos dust in workplaces and the records (Article 20);
• the medical examinations after termination of employment and the development of a system of notification of occupational diseases caused by asbestos (Article 21(1), (2), (3) and (5));
• and the establishment of written policies and procedures by employers and the provision of information to workers with regard to asbestos (Article 22(2) and (3)).

Application in practice. Following its previous comments, the Committee notes the information provided by the Government in its report that there is one enterprise in the country engaged in chrysotile asbestos extraction and processing, producing between 220,000 and 250,000 tonnes of chrysotile annually, and employing 2,040 workers. It notes, however, an absence of information regarding labour inspection activities related to the Convention or on cases of occupational asbestos-related disease. The Committee urges the Government to provide information on the application in practice of the Convention, including the number of workers covered by the legislation, the number of inspections carried out and contraventions reported, the number of sanctions imposed, as well as the number of cases of occupational diseases reported as caused by asbestos.

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

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

The Committee notes the Government’s first report.

Articles 2(3) and 3(3) of the Convention. Periodic consideration of measures that could be taken to ratify relevant occupational safety and health (OSH) Conventions and measures to promote basic OSH principles and to develop a national preventative safety and health culture in consultation with the most representative organizations of employers and workers. The Committee notes the Government’s indication in its report that a range of training and awareness-raising activities have been conducted on OSH, including the organization of the Kazakhstan International Occupational Safety and Health Conference. The Committee also notes the adoption of the General Agreement between the Government of the Republic of Kazakhstan and national associations of workers and employers for 2018–2020 which sets out general objectives in the area of OSH, including a Road Map for the introduction of an occupational risk management system. The Committee further notes that the General Agreement provides that the Government will undertake technical consultations on the ratification of the Safety and Health in Agriculture Convention, 2001 (No. 184). The Committee requests the Government to continue to provide information on the measures taken to develop a national preventative safety and health culture in consultation with the most representative organizations of employers and workers concerned, including information on the implementation of the Road Map for the introduction of an occupational risk management system. The Committee requests the Government to provide information on any subsequent agreements planned or adopted related to the promotion of OSH. The Committee further requests the Government to continue to provide information on the periodic consideration of the measures that could be taken to ratify relevant OSH Conventions, including the outcome of the consultations undertaken on Convention No. 184.

Article 4(3)(e). Research on OSH. The Committee notes the Government’s indication that the National Scientific Research Institution on Occupational Safety provides scientific support for the development and implementation of the national regulatory framework and carries out applied research in the field of OSH for long-term planning. It notes that evidence-based approaches are being developed to implement the occupational risk management system in various sectors, including procedures for identifying, assessing and managing occupational risks. It further notes that studies and reviews of OSH regulations are being carried out, with a focus on particularly hazardous sectors. The Committee requests the Government to continue to provide information regarding measures taken or envisaged to carry out research on OSH, in particular concerning the implementation of the occupational risk management system.

Article 4(3)(g). Collaboration with relevant insurance or social security schemes covering occupational injuries and diseases. The Committee notes that the Action Plan adopted in the framework of the General Agreement for the years 2018–2020 aims to strengthen the compulsory social insurance system covering occupational injuries and diseases, and the establishment of insurance rates depending on the state of working conditions and occupational safety at the workplaces. The Committee requests the Government to provide further information on the process and the outcomes of the revision/establishment of insurance rates.

Article 4(3)(h). Support mechanisms for a progressive improvement of occupational safety and health conditions in microenterprises, in small and medium-sized enterprises and in the informal economy. The Committee requests the Government to indicate whether support mechanisms are in place for a progressive improvement of OSH conditions in microenterprises, in small and medium-sized enterprises and in the informal economy.

Article 5. National OSH programme. Objectives, targets and indicators of progress. The Committee notes the Strategic Plan of the Ministry of Labour and Social Protection for the years 2017–2021, which outlines steps and activities to be taken by the Government and other relevant stakeholders to improve OSH practices in the country, and includes specific targets related to the reduction of occupational injuries. In this regard, the Committee notes that several measures have been implemented, such as the creation of occupational health and safety production councils, the adoption of rules for the Declaration of employer’s activities and the establishment of a scientific research on the occupational risk management. It further notes the Strategic Plan for Development 2025, which includes the integration of a standardized system for regulating OSH matters based on a risk management approach, a wide-scale revision and updating of OSH standards, the monitoring of compliance through the use of an electronic database of standards and the introduction of new types and methods of training on OSH. The Committee requests the Government to continue to provide information on the implementation, monitoring, evaluation and periodic review of the national programme on OSH, in consultation with the most representative organizations of employers and workers. In particular, it requests the Government to provide information on the results achieved with regard to the targets and indicators of progress established. It also requests the Government to provide information on the implementation and the evaluation carried out of the Strategic Plan of the Ministry of Labour and Social Protection for the years 2017–2021, and on how this evaluation contributes to the formulation of the Plan for the subsequent period.

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

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

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

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

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

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

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

The Committee notes the information provided by the Government in response to its previous requests with respect to Article 11(c), (d) and (f) of the Convention (progressive carrying out of functions to give effect to the national policy).

Article 5(b). The relationship between material elements of work and persons who carry out or supervise the work. The Committee notes the Government’s statement, in response to the Committee’s previous request, that pursuant to section 22 of the Labour Code, a worker has the right to a workplace that is in line with occupational safety and health (OSH) regulations, and that section 311 of the Labour Code requires that workplace occupational safety conditions meet the requirements of national standards and regulations on OSH. With reference to paragraph 68 of the 2009 General Survey on occupational safety and health, the Committee recalls that Article 5(b) 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 indicate the extent to which the policy referred to in Article 4 of the Convention covers the sphere of action provided by Article 5(b), and in particular if any national standards or regulations have been adopted in this regard.

Article 9. Enforcement. Application in practice. The Committee notes the information in the Government’s report relating to the number of violations related to OSH detected by labour inspectors in 2013 and 2014, as well as the number of administrative fines imposed, instructions to rectify violations issued, and stop orders given. Recalling that pursuant to Article 9 of the Convention, the enforcement of laws and regulations concerning OSH and the working environment shall be secured by an adequate and appropriate system of inspection and with reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to take the necessary measures to ensure the enforcement of national OSH legislation to all workplaces. It also requests the Government to continue to provide information on the application of the Convention in practice, including with respect to the number of inspections undertaken, the number and nature of violations detected and the number and type of penalties imposed.

Article 16(2). Provisions whereby employers are required to ensure that the chemical, physical and biological substances and agents under their control are without risk to health. The Committee notes that pursuant to section 317(1)(14) of the Labour Code, the employer is required to provide safe working conditions, and pursuant to section 317(1)(1), the employer is required to preclude any risks in the workplace and in manufacturing processes by means of prevention and the replacement of manufacturing equipment and technological processes with safer ones. Noting these general obligations, the Committee requests the Government to provide further information on any specific provisions requiring employers to ensure that, so far as is reasonably practicable, the chemical, physical and biological substances and agents under their control are without risk to health when the appropriate measures of protection are taken.

Article 19(d). Arrangements to give workers’ representatives appropriate training in OSH. The Committee notes that section 317 of the Labour Code requires employers to provide employees with training and instruction in labour protection and labour safety. Recalling that pursuant to Article 19(d) of the Convention, representatives of workers in the undertaking shall also be given appropriate training in OSH, the Committee requests the Government to provide information on measures taken to ensure that such representatives are provided with appropriate training on OSH.

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

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

Article 1 of the Convention. Scope of application. The Committee notes the Government’s indication that the Convention applies to all workers in the construction industry and encompasses all areas of activity connected with workers’ exposure to asbestos. The Committee requests the Government to provide information on the manner in which it ensures, in law and in practice, the full application of the Convention to all activities involving exposure of workers in the course of work, including but not limited to work in the construction sector, and on any exclusions of particular undertakings from the application of certain provisions of the Convention.

Article 3. Laws and regulations concerning the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos. The Committee notes the Government’s indication that pursuant to section 2 of the Labour Code, international treaties ratified by the country are applied directly to labour relations except in cases where the international treaty requires the adoption of legislation for its application. In this respect, the Committee would like to stress that Convention No. 162 is not a self-executing instrument, and thus ratifying states are under the obligation to take the necessary measures to bring their national laws and practice into conformity with the provisions of this Convention. It notes that the Government provides a list of legislation and regulations and refers under this Article to section 33 of the Code on public health and the health care system concerning medical care, section 23 of the Labour Code concerning basic rights and obligations of the employer, section 322 of the Labour Code relating to general provisions on investigation and recording of accidents, and Regulations on Occupational Safety and Health in the extraction and processing of chrysotile asbestos minerals of 17 June 2015. However, the Government does not indicate the specific measures to be taken for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos provided by these laws and regulations, in conformity with the Convention. Consequently, the Committee requests the Government to provide information on measures taken or envisaged to give effect to this Article of the Convention, including any legislative developments concerning the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos, and to submit copies of the relevant legislation, if possible in one of the working languages of the ILO.

Article 4. Consultations with the most representative organizations of employers and workers. The Committee notes that pursuant to section 260 of the Labour Code, cooperation between the social partners is ensured through social partnership bodies, namely the National Tripartite Commission for social partnership and regulation of social and labour relations, and sectoral and regional commissions, which reconcile the interests of the social partners through consultations and negotiations. The Committee requests the Government to provide further information on the manner in which the most representative organizations of employers and workers concerned are consulted by the competent authority on the measures to be taken to give effect to the provisions of the Convention and on the outcome of these consultations.

Article 6(2). Cooperation between employers undertaking activities simultaneously at one workplace. The Committee notes the Government’s indication that, pursuant to section 1.5 of SNiP RK 1.03-05-2001 on occupational safety and health in construction, the general contractor for worksites where subcontractors are hired must draft an action plan guaranteeing safe working conditions and coordinate the implementation of the plan’s measures by the subcontractors. The Committee wishes to draw the Government’s attention to the fact that Convention No. 162 is not limited to the construction sector and applies to all activities involving exposure of workers to asbestos in the course of work. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the application of this Article to all workplaces where workers are exposed to asbestos in the course of their work, including but not limited to the construction sector.

Article 11. Prohibition of the use of crocidolite. Article 12. Prohibition of the spraying of all forms of asbestos. The Committee notes the Government’s indication that crocidolite and products containing crocidolite are not used in the country, and that the spraying of asbestos is prohibited. However, it notes that the Government does not indicate whether these prohibitions are prescribed in legislative or regulatory instruments. The Committee requests the Government to take the necessary measures to give legislative effect to these Articles of the Convention and to provide information in this regard.

Article 15(1) and (2). Definition of the limits for the exposure of workers to asbestos and review of these limits. The Committee notes the Government’s indication that the threshold limit values are established in R2.2.755-99 on health criteria for evaluating and classifying working conditions according to the level of harm and danger of hazards and dangers presented by the working environment, physical strain and intensity. However, the Committee notes that R2.2.755-99 was not supplied with the Government’s report and that it is therefore unable to evaluate the effect given to this Article of the Convention. The Committee requests the Government to provide a copy of R2.2.755-99 with its next report, if possible in one of the working languages of the ILO, and to provide further information on the measures taken to ensure that effect is given to Article 15(1) and (2) of the Convention.

Article 7. Duties of workers to comply with safety and hygiene procedures. Article 8. Cooperation of employers and workers or their representatives. Article 9. Measures of prevention and control of exposure to asbestos. Article 10. Replacement or total or partial prohibition of asbestos, when technically practicable. Article 13. Requirement for employers to notify the competent authority of the types of work involving exposure to asbestos. Article 14. Responsibility for labelling of containers and products containing asbestos. Article 15(3). Adoption of appropriate measures to prevent or control the release of asbestos dust into the air. Article 16. Responsibility of employers for the prevention and control of the exposure of workers. Article 17. Demolition of plants or structure containing asbestos, and removal of asbestos from buildings or structures. Article 18. Special protective clothing and facilities for workers exposed to asbestos. Article 19. Disposal of waste containing asbestos. Article 20. Measurement of the concentration of airborne asbestos dust in workplaces and records. Article 21. Medical examinations after termination of employment and other means to maintain the income when assignment to the work is found to be medically inadvisable. Article 22(2) and (3). Written policies and procedures and information for workers. Regarding the application of these provisions, the Committee notes that the Government provides general information or no information at all. The Committee is therefore unable to effectively appreciate the manner in which these provisions are applied in the country. The Committee requests the Government to provide further information on the measures taken, in law and in practice, to give effect to the specific requirements of each of the abovementioned provisions.

Application in practice. The Committee notes the Government’s indication that companies with a total of 1,789,400 workers were inspected in 2013, with over 9,500 violations detected and 719 cases of occupational diseases recorded. However, no details are provided with regard to the nature of the recorded occupational diseases and no information specific to asbestos is provided. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice in the country and to supply statistical data, where it exists, on the number of workers covered by the legislation, the number and nature of the contraventions reported and the number of cases of occupational disease reported as being caused by asbestos.

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

The Committee notes the information provided by the Government in its first report. It notes however that the Government does not provide information, or provides insufficient information, on the effect given in law and in practice to several Articles of Parts II (General provisions: Articles 5(2), 6, 8(1)(b) and (c), 11(a) and (b)) and III (Preventive and protective measures: Articles 13 to 29, 30(2) and (3), 31 and 34)) of the Convention. The Committee therefore requests the Government to indicate the specific provisions of the legislation in force, and to provide information on any other measures, which give effect to the aforementioned Articles of the Convention. It also requests the Government to communicate a copy of the relevant provisions, if possible in one of the working languages of the ILO.

Articles 1(3), 7 and 8(2) of the Convention. Self-employed persons. The Committee notes that there is no information regarding the applicability of the Convention to self-employed persons and whether obligations placed on employers also apply to self-employed persons. The Committee requests the Government to indicate the specific provisions of the legislation in force, and to provide information on any measures, giving effect to these Articles of the Convention. It also requests the Government to communicate a copy of the relevant provisions, if possible in one of the working languages of the ILO.

Article 2. Definitions. The Committee notes that the Labour Code provides that an employee is “an individual maintaining labour relations with the employer and directly performing work under an employment contract”, whereas the Convention defines a worker as “any person engaged in construction”. The Committee requests the Government to provide information on the measures taken to ensure that the Convention applies to any persons engaged in construction.

Article 3. Consultations with the most representative organizations of employers and workers. The Committee notes that pursuant to article 260 of the Labour Code, cooperation between the social partners is ensured through social partnership bodies, namely the National Tripartite Commission for social partnership and regulation of social and labour relations, and sectorial and regional commissions, which reconcile the interests of the social partners through consultations and negotiations. The Committee requests the Government to provide further information on the manner in which the most representative organizations of employers and workers concerned are consulted on the measures to be taken to give effect to the provisions of the Convention and on the outcome of these consultations.

Article 4. Assessment of safety and health hazards. The Committee notes that according to article 309 of the Labour Code, the state labour authority and its territorial subdivisions are required to organise risk monitoring and assessment in the sphere of labour safety. However, it notes that there is no indication as to whether the risk assessment serves as a basis for the adoption and maintenance in force of laws and regulations which ensure the application of the provisions of the Convention. The Committee requests the Government to provide further details on the risk assessment conducted by the state labour authority, and to specify how it is ensured that the adoption and maintenance in force of laws and regulations are based on this assessment.

Article 9. Design and planning of a construction project. The Committee notes the Government’s indication that pursuant to article 320(1) of the Labour Code, the design, construction and reconstruction of buildings and structures that do not meet occupational safety and health (OSH) standards are prohibited. The Committee requests the Government to provide further information on the measures taken to ensure, in practice, that the persons responsible for designing and planning construction projects fulfil their duty to take into account the safety and health of construction workers, in conformity with national law and practice.

Article 10. Workers’ right and duty to participate in ensuring safe working conditions. The Committee notes the Government’s indication that pursuant to article 314 of the Labour Code, workers have the right to request that inspections be carried out in their workplace by the competent authorities, the right to participate in inspections and consideration of matters related to the improvement of OSH conditions, and the right to complain about any OSH irregularities on the part of the employer. The Committee requests the Government to provide further information on the measures taken to ensure that workers have the right and duty to participate in ensuring safe working conditions and to express views on working procedures.

Article 35(a). Effective enforcement of the provisions of the Convention. The Committee notes that the Committee for monitoring and social protection of the Ministry of Labour and Social Protection of Population, established pursuant to Government Decision No. 1159 (of 30 November 2007), is tasked with implementing Government policy for the monitoring of OSH. The Committee requests the Government to provide further information on the Committee for monitoring and social protection, particularly with regard to its composition, mandate, etc. in relation to the application of the provisions of the Convention.

Application of the Convention in practice. The Committee notes the statistical information, provided by the Government, according to which 13,152 inspections were carried out in 2013 in the country and 33,097 violations to labour laws detected. However, the Committee notes that no information specific to construction is provided. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the action taken as a result, the number of occupational accidents and diseases reported, and so forth.

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

The Committee notes with interest the Government’s latest report including information regarding the long-term development strategy “Kazakhstan 2030”, the successive occupational safety and health (OSH) programmes implemented (most recently for the period 2007–09), the National Decent Work Country Programme 2007–09 and the concurrent legislative reform which includes the adoption of a Labour Code which entered into force in 2007. The Committee also notes the information that, in line with the Labour Code, one of the main priorities is improving the national OSH policy and management systems. The Committee notes the statement that, in line with its basic OSH principles, section 4 of the Labour Code lists the aims of the national OSH policy and that since its entry into force the Labour Code has been implemented, inter alia, by the adoption of 26 regulatory acts (including 11 concerning OSH) and over 30 amendments and additions. The Committee also notes submission of copies of the following legislation: Resolution respecting the provision of information and production of national statistics on OSH (No. 720 of 21 August 2007); Resolution respecting the adoption of regulation on OSH by the competent authorities (No. 721 of 21 August 2007); Decree respecting the preparation and approval of instructions on OSH by employers (No. 157-p of 16 July, 2007); Decree respecting model statutes of the occupational safety and health service in organizations (No. 200-p of 22 August 2007); Decree respecting list of work in which it is prohibited to employ workers under the age of 18 years (No. 185-p of 31 July 2007); and Decree respecting limits for the carrying and moving of heavy loads by workers under the age of 18 years (No. 185-p of 31 July 2007). The Committee welcomes these developments and requests the Government to continue to provide information on future reviews of the national policy in the area of OSH and on laws and regulations giving effect thereto.

Article 5(b) of the Convention. The relationship between material elements of work and persons who carry out or supervise the work. The Committee notes that the Government’s report is silent as regards the Committee’s previous query on the effect given to this Article. The Committee reiterates its request to the Government to indicate the extent to which the relationship between material elements of work and persons who carry out or supervise the work are taken into account in the elaboration of relevant OSH standards.

Article 11(c) and (d). Notification and the holding of inquiries of occupational accidents and diseases. The Committee welcomes the adoption of the Resolution respecting the provision of information and production of national statistics on OSH (No. 720 of 21 August 2007) and notes that, according to section 4 of the Labour Code, one of the aims of the national policy on OSH includes the “establishment of a single procedure for reporting industrial accidents and occupational diseases”. Given the crucial importance of systematic accident investigations for preventive purposes and the availability of reliable statistical data on not only occupational accidents but also occupational diseases to enable the tracking of progress in this area, the Committee welcomes this objective. Against this background, the Committee would also like to draw the Government’s attention to the fact that a new list of occupational diseases was adopted in March 2010 (see www.ilo.org/ilolex/english/recdisp1.htm) and that this list may serve as a useful model for any future legislation in this area. With reference to the above, and subsection 20.1, paragraphs 18 and 24, of the Labour Protection Law which regulates the notification of accidents and the holding of inquiries in respect of occupational accidents, the Committee requests the Government to indicate measures taken for the development of a system for recording and notification of both occupational accidents and diseases and to submit the relevant legislation once it has been adopted.

Article 11(f). Systems to examine chemical, physical and biological agents in respect of the risk to health. With reference to the application of this Article, the Committee notes the references made in the Government’s most recent report to the authority of the labour inspectors under section 330 of the Labour Code to ensure compliance with labour legislation but that these appear to be of relevance mainly to the application of Article 9 of the Convention. The Committee would like to draw the Government’s attention to the present provision. Article 11(f) has a more preventive focus including research into the potential risks of chemical, physical and biological agents including the introduction of risk-assessment mechanisms at workplaces, such as those referred to in section 20 of the Occupational Safety and Health Act. For a discussion on this matter see paragraphs 141–144 of the General Survey of 2009 on occupational safety and health (full text available at www.ilo.org/ilolex/english/surveyq.htm). The Committee invites the Government to provide further information on the progressive extension of risk assessment mechanisms at the workplace.

Article 16(2). Provisions whereby employers are required to ensure that the chemical, physical and biological substances and agents under their control are without risk to health. The Committee notes that the Government’s report includes no new information in response to the Committee’s previous query regarding the application of this provision. The Committee requests the Government to indicate the measures which shall be taken by employers to ensure that the abovementioned substances and agents are without risks to health.

Article 19(d). Arrangements to give workers’ representatives appropriate training in occupational safety and health. The Committee notes that, in response to its previous query regarding measures taken to implement this provision, the Government refers to section 315 of the Labour Code regarding the obligations of the workers and sections 340–341 regarding voluntary control exercised by voluntary labour inspectors including a list of their rights. The Committee notes that these provisions do not respond to the query raised in its previous comment. The Committee reiterates its request that the Government indicate measures taken to ensure application of this provision.

Part V of the report form. Application in practice. The Committee notes the reference to section 328 of the Labour Code and the detailed information regarding the functions and powers of the labour inspectorates. The Committee requests the Government to give a general appreciation of how the labour inspectorate functions in practice and whether inspectors are granted appropriate access to workplaces in order to carry out their work. The Committee also requests the Government to provide extracts from reports of the inspection services and, so far as such statistics are available, information concerning the number and nature of contraventions reported and the action taken on them, etc.

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

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

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

Article 6, paragraph 2. Duty to collaborate. The Committee welcomes the information indicating that the Government has ratified the Safety and Health in Construction Convention, 1988 (No. 167). The Committee asks the Government to indicate the measures undertaken or envisaged to ensure that whenever two or more employers undertake activities simultaneously at one workplace, they shall have the duty to collaborate in order to comply with the prescribed occupational safety and health measures.

Article 8, paragraphs 2 and 3. Procedures for determining exposure limits. The Committee notes the information provided by the Government indicating the national legislation which establishes the criteria for determining hazards of exposure to air pollution, noise and vibration in the working environment. The Committee reiterates its requests that the Government indicate whether the opinion of technically competent persons, designated by the most representative organizations of employers and workers concerned, are taken into account in the elaboration of the criteria and the determination of the exposure limits; and whether such criteria and exposure limits are revised regularly in the light of current national and international knowledge.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. The Committee notes the information contained in the Government’s report and notes that a Programme on Occupational Safety and Health of the Republic of Kazakhstan for 2005-07 (hereafter “OSH Programme”) has been approved by the Government by Decree No. 67 of 27 January 2005, which seeks to address major problems related to occupational safety and health at the national level and to improve public health, raise the standard and quality of life, promote occupational safety and health and ensure workers’ rights to safe working conditions.

2. Article 5(b) of the Convention. Taking into account the relationship between material elements of work and persons who carry out or supervise the work in the national policy on occupational safety and health. The Committee notes that the new OSH Programme aims at reducing significantly the negative impact of harmful and hazardous production factors and creating safe working conditions through reconstruction and technological renovation of production facilities. The Committee also notes that the OSH Programme includes a focus on scientific research in the area of OSH with a view to improving technical and sanitary standards on technological processes and equipment giving effect to international Conventions. The Government is requested to indicate the extent to which the relationship between material elements of work and persons who carry out or supervise the work are taken into account within the elaboration of such standards.

3. Article 11(c) and (d). Notification of occupational diseases and the holding of inquiries with regard to occupational accidents and diseases. The Committee refers to its previous comments concerning the procedure for the notification of accidents and diseases and the holding of inquiries in respect of occupational accidents and diseases, which is regulated in subsection 20.1, paragraphs 18 and 24, of the Labour Protection Law. As the Government’s latest report contains no reply to these comments, the Government is requested to indicate the provisions containing requirements with respect to occupational diseases.

4. Article 11(f). Systems to examine chemical, physical and biological agents in respect of the risk to health. The Committee notes that the OSH Programme envisages an increase of scientific research in the field of occupational safety and health. The Committee hopes that an extension of the systems to examine the indicated agents in respect of their risk to health will be included as a part of this process and requests the Government to communicate information on any progress achieved in this respect.

5. Article 16, paragraph 2. Provisions whereby employers are required to ensure that the chemical, physical and biological substances and agents under their control are without risk to health. The Committee notes the Government’s reference to the procedure of the periodical (once within a five-year period) assessment of industrial units with respect to working conditions and especially to occupational safety and health that is stipulated in article 20 of the Occupational Safety and Health Act. The Committee requests the Government to indicate the measures, which shall be taken by employers, to ensure that the abovementioned substances and agents are without risks to health.

6. Article 19(d). Arrangements to give workers’ representative appropriate training in occupational safety and health. The Committee notes the Government’s reference to article 33 of the Occupational Safety and Health Act which contains a list of functions and rights of workers’ representatives in the OSH field. The Committee requests the Government to indicate provisions providing appropriate measures to provide for training of workers’ representatives.

7. Part V of the report form. Practical application. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Kazakhstan providing, for example, extracts from reports of the inspection services and, so far as such statistics are available, information concerning the number and nature of contraventions reported and the action taken on them, etc.

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

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

2. Article 5, paragraph (b), of the Convention. Extent to which the coherent national policy on occupational safety and health takes into account the relationship between material elements of work and persons who carry out or supervise the work. The Committee requests the Government to indicate the methods by which effect is given to this provision of the Convention.

3. Article 11, paragraphs (c) and (d). Notification of occupational diseases and the holding of inquiries with regard to occupational diseases. The Committee notes that subsection 20.1, paragraphs 18 and 24, of the Labour Protection Law deal with the procedure for the notification of accidents and the holding of inquiries in respect of occupational accidents. The Government is requested to indicate the provisions containing similar prescriptions as regards occupational diseases.

4. Article 11, paragraph (f). System of examination of chemical, physical and biological agents in respect of the risk to health. The Committee requests the Government to indicate a method by which the competent authority or authorities ensure that this function is carried out.

5. Article 16, paragraph 2. Provisions whereby employers are required to take action called for in this paragraph. The Committee notes the Government’s reference to "safety regulations for the production, sale and use of dangerous chemical substances" as one of the instruments giving effect to this paragraph of the Convention. As these texts are not available to the Committee, it requests the Government to provide a copy of them with its next report so that it can examine the extent to which they give effect to the provision.

6. Article 19, paragraph (d). Measures to give appropriate training in occupational safety and health to workers’ representatives. The Committee notes that section 16 of the Law on the protection of labour, adopted on 28 February 2004, prescribes the measures necessary to give the appropriate training to workers at the undertaking. It requests the Government to indicate provisions providing similar measures in respect of workers’ representatives.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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