Safety and Health in Construction Convention, 1988 (No. 167) - Mongolia (RATIFICATION: 2020)

CMNT_TITLE

The Committee notes the Government’s first report.

Articles 4 and 35 of the Convention. Application in practice. The Committee takes notes of the Government’s indication, in its report, that section 33 of the Law on Labour Safety and Hygiene (Law on OSH) sets out the rights of labour inspectors to inspect, deliver warnings and recommendations and to stop operations if needed. Section 36 of the Law on OSH provides for fines in the event of non-compliance of the law. The Committee takes note of the Government indication that the Professional Inspection Agency and the Governors of provincial capitals are both responsible for monitoring the implementation of the laws and regulations relating to safety and health in the construction industry. The Government adds that training was provided to 45 labour inspectors on the Convention, and that it is carrying out an action plan for the implementation of the Convention. The Government further indicates that, in 2022, a total of 4,545 cases of non-implementation of the OSH laws and construction industry safety norms and regulations were detected, and 13 fines were imposed. In addition, the Government indicates that between 2017 and 2021, there were 134 accidents in the construction sector (representing 8.6 per cent of all occupational accidents recorded), including 35 fatalities. The Committee requests the Government to: (i) further provide information on the activities of the Professional Inspection Agency and of the Governors of provincial capitals, in the supervision and implementation of the laws and regulations in the construction sector; (ii) indicate how the Professional Inspection Agency and the Governors of provincial capitals coordinate their activities; and (iii) continue 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 (including fines imposed).

Article 8. Cooperation between two or more employers undertaking activities simultaneously at one construction site. The Committee notes the Government’s indication that clause 4.7 of the Construction Norms and Rules 12-03-04 “Labour Safety Rules – Part I – General Requirements” approved by Order No. 163 of 2004 of the Minister of Infrastructure provides for occupational safety and health obligations for a general contractor or lessee (including to develop a safety plan) when they perform work on a production site with the participation of subcontractors and lessees. The Committee notes however that the information provided does not address the situation when two or more employers or self-employed persons undertake activities simultaneously at one construction site. The Committee requests the Government to provide further information on the measures taken, in law and in practice, to ensure the full application of Article 8, including by indicating the relevant national legislation which applies when two or more employers or self-employed persons undertake activities simultaneously at one construction site and which: (i) determines whether it is the principal contractor, or any other person or body with actual control over, or primary responsibility for overall construction site activities, that is responsible for coordinating the prescribed safety and health measures (Article 8(1)(a)); (ii) ensures that where the principal contractor, or other person or body with actual control over or primary responsibility for overall construction site activities, is not present at the site, they nominate a competent person or body at the site with the authority and means necessary to ensure on their behalf coordination and compliance with the measures (Article 8(1)(b)); ensures that each employer shall remain responsible for the application of the prescribed measures in respect of the workers placed under his authority (Article 8(1)(c)). The Committee also requests the Government to indicate the measures taken, in law and in practice to ensure that whenever employers or self-employed persons undertake activities simultaneously at one construction site they shall have the duty to cooperate in the application of the prescribed safety and health measures, as may be specified by national laws or regulations (Article 8(2)).

Article 17(1)(a),(c) and (d). Design, use and operation of plant, machinery, equipment and hand tools. The Committee notes the Government’s indication that section 9.1.1 of the Law on OSH imposes a duty on the employer to ensure that “structures, moving parts, monitoring system, alarming system of machinery and equipment and workplace, exit, stairs, barricades, protective devices shall meet requirements for safe operation”. The Committee notes that it is unclear whether this provision includes an obligation to ensure good design and construction of these elements, and if it relates to all types of plant, machinery, equipment and hand tools transport, earth-moving and materials-handlings equipment, as required by Article 17(1)(a) of the Convention. The Committee also notes that no information is provided with regard to the implementation of Article 17(1)(c) and (d). The Committee requests the Government to provide information on the measures taken, in law and in practice, to give full effect to Article 17(1) and ensure that all plant, machinery and equipment, including hand tools, both manual and power driven, shall: (i)be of good design and construction, taking into account as far as possible ergonomic principles (Article 17(1)(a)); (ii) be used only for work for which they have been designed unless a use outside the initial design purposes has been assessed by a competent person who has concluded that such use is safe (Article 17(1)(c)), and (iii) be operated by workers who have received appropriate training (Article 17(1)(d)).

Article 26(2) and (3).Safety of workers from electrocution before construction commences and during the progress thereof. Laying and maintenance of electrical cables and apparatus. The Committee notes the Government’s indication that regulations were adopted regarding the general requirements for protecting people and animals from electrocution during the normal operation of electrical devices and when insulation is damaged. The Committee also notes the Government’s reference to the Rules of Electrical Installations, approved by Order No. 252 of 2003 of the Minister of Infrastructure and Order No. 76/63 of 2012 of the Minister of Road Transport, Construction, and Urban Development. The Committee notes, however, that no information is provided on whether, before construction is commenced and during the progress thereof, adequate steps shall be taken to ascertain the presence of and to guard against danger to workers from any live electrical cable or apparatus which is under, over or on the site, in accordance with Article 26(2) of the Convention. The Committee requests the Government to provide information on the measures taken, in law and in practice, to ensure that adequate steps are taken for the safety of workers from electrocution before construction is commenced and during the progress thereof, in accordance with Article 26(2). The Committee also requests the Government to provide a copy of the Rules of Electrical Installations.

Article 30. Personal protective equipment and clothing. The Committee notes the Government’s indication that following inspection exercises in 2022 in all sectors, it was found that 42 per cent of organizations and citizens inspected were not provided with special work clothes and personal protective equipment and that 46.6 per cent of workers do not use work clothes and protective equipment in the workplace. The Committee requests the Government to indicate the measures taken to ensure that protective equipment and protective clothing comply with standards set by the competent authority taking into account as far as possible ergonomic principles, in accordance with Article 30(3). The Committee also requests the Government to continue to provide information on the application in practice of Article 30, including the number of violations detected and the sanctions imposed related to use of personal protective equipment in the construction sector.

Articles 13(2) and (3), 14, 15(1)(b) and (e), 15(2), 16, 18, 19, 20, 21, 22, 23, 24, 25, 28, 29(2), 31 and 32. Preventive and protective measures. The Committee requests the Government to provide information on the measures taken, in law and in practice, to give effect to:

• Article 13(2) (safe means of access and egress from all workplaces);
• Article 13(3) (appropriate precautions to protect persons present at or in the vicinity of a construction site);
• Article 14 (scaffolds and ladders);
• Article 15(1)(b) (proper installation and use of lifting appliances and gear);
• Article 15(1)(e) (operation of lifting appliances and gear by trained workers);
• Article 15(2) (lifting appliances and gear: emergency situations);
• Article 16 (transport, earth-moving and materials-handling equipment);
• Article 18 (work at heights including roof work);
• Article 19 (excavations, shafts, earth works, underground works and tunnels);
• Article 20 (cofferdams and caissons);
• Article 21 (work in compressed air);
• Article 22 (structural frames and formwork);
• Article 23 (work over water);
• Article 24 (demolition);
• Article 25 (suitable lighting);
• Article 28 (health hazards);
• Article 29(2) (sufficient and suitable storage for flammable substances);
• Article 31 (first aid); and
• Article 32 (welfare of workers).

It requests the Government to provide a copy of the relevant legislation with its next report.