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Article 3(2) of the Convention. X-ray film of the lungs during initial and periodic medical examination. In its previous comments, the Committee requested the Government to indicate the legislative provisions which provide for X-ray examinations of the lungs during initial and periodic medical examinations of young persons under 21 years of age who are employed or work underground in mines or in quarries. The Committee observes that the Decision of the Ministry of Health No. 46 of 2012 on Improving Compulsory Medical Examinations establishes a detailed list of dangerous chemicals at work, including those related to work underground in mines or in quarries, which require initial and periodic X-ray examinations of the lungs.
Article 4(4) and (5). Keeping of records. The Committee previously requested the Government to indicate the provisions making it compulsory for the employer to keep, and make available to inspectors and, at their request, to the workers’ representatives, records containing in respect of persons under 21 years of age who work underground: (a) the date of birth, duly certified wherever possible; (b) an indication of the nature of their occupation; and (c) a certificate which attests fitness for employment but does not contain medical data. The Committee observes that, pursuant to section 34 of the Act No. 82-IQ of May 21, 1996 on Individual Employment Contracts, employers are obliged to compile an employee’s work-book, which contains information on the employment. In particular, pursuant to section 3.2 of the Regulations on the application of the work-books approved by the Resolution of the Cabinet of Ministers No. 186 of 1996, the work-book contains the information on the employee’s name and date of birth, type of education, his/her job title, and remuneration. The Committee further observes that, according to Resolution of the Cabinet of Ministers No. 142 of 2006 approving the Rules of the application of the medical examination card system, the information regarding compulsory medical examinations of workers, including workers under the age of 18 years, is kept at the information centre of the Ministry of Health. In addition, a copy of the act prepared by a competent body on the results of compulsory periodic medical examinations of workers is provided to employers.

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Article 3(2) of the Convention. X-ray film of the lungs during initial and periodical medical examination. The Committee had previously noted the Government’s information that the medical examination of workers entering underground occupations includes compulsory X-ray examinations both prior to starting work and as part of their periodic examinations thereafter. The Committee notes with regret that despite its repeated requests over a number of years, the Government has not provided a copy of the legislation containing the above provision. The Committee therefore once again requests the Government to supply a copy of the legislative provisions which provide for X-ray examinations of the lungs during initial and periodic medical examinations of young persons under 21 years of age who are employed or work underground.
Article 4(4) and (5). Keeping of records. The Committee had previously requested the Government to indicate the provisions making it compulsory for the employer to keep, and make available to inspectors and, at their request, to the workers’ representatives, records containing in respect of persons under 21 years of age who work underground: (a) the date of birth, duly certified wherever possible; (b) an indication of the nature of their occupation; and (c) a certificate which attests fitness for employment but does not contain medical data. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate the provisions which require the employer to keep records containing the data listed in Article 4(4) in respect of persons under 21 years of age who are employed or work underground. It also requests the Government to supply a copy of such provisions.

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Article 3(2) of the Convention. X-ray film of the lungs during initial and periodical medical examination. The Committee had previously noted the Government’s information that, according to Ordinance No. 13 of 23 January 1998 on the conduct of preventive medical examination, the medical examination of workers entering underground occupations includes compulsory X-ray examinations both prior to starting work and as part of their periodic examinations thereafter. The Committee notes with regret that the Government has not provided a copy of Ordinance No. 13 of 23 January 1998, despite the repeated requests made by the Committee. The Committee therefore once again requests the Government to supply a copy of Ordinance No.13 of 23 January 1998 along with its next report.
Article 4(4) and (5). Keeping of records. The Committee had previously requested the Government to indicate the provisions making it compulsory for the employer to keep, and make available to inspectors and, at their request, to the workers’ representatives, records containing in respect of persons under 21 years of age who work underground: (a) the date of birth, duly certified wherever possible; (b) an indication of the nature of their occupation; and (c) a certificate which attests fitness for employment but does not contain medical data. The Committee notes the Government’s information that, following the medical examination prior to the employment of a person for underground work, the medical verdict of such examination shall be delivered directly to the enterprise concerned. Observing that the Government has not provided any information with regard to the obligation of the employer to keep records containing the data listed in paragraph 4 in respect of persons under 21 years of age who are employed or work underground, the Committee once again requests the Government to indicate the provisions that lays down the requirements of Article 4(4) of the Convention.

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The Committee notes the Government’s report. It observes that the Government does not reply to its previous comments. The Committee once again requests the Government to supply information on the following points.

Article 3, paragraph 2, of the Convention. The Committee had previously requested the Government to supply a copy of  Ordinance No. 13 of 23 January 1998 “on the Conduct of Preventive Medical Examination”. The Committee notes the Government’s information that, according to this Ordinance the medical examinations of workers entering underground occupations include compulsory X-ray examinations both prior to starting work and as part of their periodic examinations thereafter. The Committee once again requests the Government to supply a copy of the above Ordinance.

Article 4, paragraphs 4 and 5. In its previous comments, the Committee had requested the Government to provide specific information on the laws or regulations that apply to this Article of the Convention. The Committee recalls that by virtue of Article 4, paragraphs 4 and 5, the employer shall keep, and make available to inspectors or workers’ representatives, records containing, in respect of persons under 21 years of age who work underground: (a) the date of birth, duly certified wherever possible; (b) an indication of the nature of their occupation; and (c) a certificate which attests fitness for employment but does not contain medical data. The Committee once again requests the Government to indicate the provisions making it compulsory for the employer to keep, and make available to inspectors and, at their request, to the workers’ representatives, records containing the data listed in paragraph 4 in respect of all persons under 21 years of age who are employed or work underground.

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The Committee notes the additional information contained in the Government’s report and again observes that the Government does not reply to the questions raised earlier.

Article 3, paragraph 2, of the Convention. In its previous direct request the Committee noted that the procedures and frequency of medical examinations were established in the Preventive Medical Examination Ordinance, No. 13 of 23 January 1998, of the Health Ministry of the Republic of Azerbaijan, and requested the Government to provide a copy thereof. The Committee notes the information that a medical committee set up under the abovementioned Ordinance produces a written report on the basis of the results of the medical examination. Furthermore, the Ordinance requires a lung X-ray to be carried out at the initial medical examination and, for persons working underground, at subsequent yearly re-examinations. The Committee asks the Government to provide the Office with a copy of the above Ordinance.

Articles 4, paragraphs 4 and 5. The Committee recalls that, in its previous comments, it asked the Government to indicate the provisions making it compulsory for employers to keep, and make available to inspectors and, at their request, to the workers’ representatives, records containing the data listed in paragraph 4, in respect of all persons under 21 years of age who are employed or work underground. The Committee also recalls that, in its earlier reports, the Government referred to a document summarizing the annual results of workers’ medical examinations, compiled on the basis of a model established by the Ministry of Public Health. The Committee notes that in its last report the Government refers to sections 215, 235 and 236 of the Labour Code which concern, respectively, the employer’s obligations in respect of occupational safety, the role of the labour legislation inspection services and the role of workers’ representatives and trade union representatives. Since the above provisions do not give effect to this Article of the Convention, the Committee hopes that in its next report the Government will be able to provide more specific information on the laws or regulations that apply this Article of the Convention.

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Further to its previous comments, the Committee notes the information supplied by the Government in its report. It requests the Government to supply further information on the following points.

Article 3, paragraph 3, of the Convention.  Further to its previous comments, the Committee notes that the rules of procedure and schedules governing medical check-ups have been laid down by the Ordinance of the Health Ministry "On Preventive Medical Check-ups". The Committee understands that this Ordinance provides for mandatory preliminary X-ray examinations and during employment periodical re-examinations for persons subject to medical check-ups. Furthermore, such examination takes place once a year including an X-ray of the thorax where work is being performed underground. Please indicate the particular provisions of this Ordinance that meet the requirements of this Article and please supply a copy of this Ordinance with the next report.

Article 4, paragraphs 4 and 5.  The Committee notes that there is no reply to its previous comments. Please indicate the provisions making it compulsory for the employer to keep, and make available to inspectors and, at their request, to the workers’ representatives, records containing the data listed in paragraph 4 in respect of all persons under 21 years of age who are employed or work underground.

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The Committee notes the information supplied by the Government and requests it to supply further information on the following points.

Article 3, paragraph 3, of the Convention. The Committee notes that an X-ray examination is a compulsory part of the thorough medical examination prior to the recruitment of a young worker. It requests the Government to indicate the provision requiring an X-ray of the lungs at the examination on recruitment and also, when this is considered necessary from the medical point of view, at later examinations.

Article 4, paragraphs 4 and 5. The Committee requests the Government to indicate the provisions making it compulsory for the employer to keep, and make available to inspectors and, at their request, to the workers' representatives, records containing the data listed in paragraph 4 in respect of all persons under 21 years of age who are employed or work underground.

Article 5. The Committee requests the Government to indicate the consultations which have been held with organizations of employers and workers with a view to determining general policies of implementation and adopting regulations in accordance with the Convention.

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