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

Safety and Health in Construction Convention, 1988 (No. 167) - Belarus (Ratification: 2001)

The Committee notes the detailed information regarding relevant legislation giving effect to the Convention. The Committee requests the Government to provide clarifications as regards the application of the following Articles:

Articles 1(3), 7 and 8(2). 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 provide further information on measures taken to give effect to these provisions in law and in practice.

Article 3. Consultations with the most representative organizations of the employers and workers concerned. The Committee notes that there is no information about consultations held with employers and workers on the measures to be taken to give effect to the provisions of the Convention. The Committee requests the Government to provide further information on measures taken to give effect to this Article in law and in practice.

Article 4. Risk assessment. The Committee notes the detailed legislation adopted including instruments specifically regulating conditions in the construction industry. The Committee notes, however, that no reference appears to be made to the required risk assessment that is to serve as a basis for the adoption and maintenance in force of laws and regulations giving effect to the provision of this Convention. The Committee requests the Government to provide further information on measures taken to give effect to this Article in law and in practice.

Article 8. Cooperation between two or more employers simultaneously undertaking activities at one construction site. Cooperation duties of self employed persons. The Committee notes that according to section 13 of the Occupational Health and Safety (OSH) Act several employers working simultaneously at one workplace should fulfil their joint responsibility for OSH on the basis of a written agreement. The OSH Act does not, however, contain any specific provisions designating a responsible entity in case no such agreement is reached. As noted above the OSH Act does not appear to regulate the obligations of self-employed persons. The Committee requests the Government to provide further information on measures taken to give full effect to this Article in law and in practice.

Article 24(a). Precautions during demolition work including demolition of buildings containing asbestos. The Committee notes that while employers have the general duty to ensure safety in using a territory, production buildings (premises), and facilities, technological processes and materials, as well as make effective use of means of individual and collective protection pursuant to section 13 of the OSH Act, this Act does not refer specifically to the specific requirements to take special precautions when the demolition of any building or structure might present dangers to workers and the public. In this regard, the Committee requests the Government to provide further information on the measures taken in law and in practice to ensure that appropriate precautions are taken in the context of demolition of buildings. Please also provide information on precautions taken in the context of demolition of buildings containing asbestos and the manner of ensuring supervision.

Article 28(1). Health hazards. The Committee notes that section 13 of the OSH Act regulates the protective equipment and means to be used by workers working under hazardous working conditions and that section 29 of the same Act regulates measures to ensure that OSH concerns be taken into consideration in the organisation of production processes. However, neither the Labour Code, nor the OSH Act reflects the primary requirement reflected in this Article that the use of personal protective equipment and protective clothing should be required only where it is not possible to ensure adequate prevention against the hazards referred to. The Committee requests the Government to indicate measures taken to ensure that full effect is given to this provision in law and in practice.

Article 28(4). Disposal of waste at construction sites. The Committee notes that under section 29 of the OSH Act safe methods of storage and transportation of production waste should be used for the protection of labour of workers in the organization of production processes. The Committee requests the Government to indicate how effect is given to this provision in practice including as regards the disposal of asbestos waste.

Article 30(2). Use of protective equipment. The Committee notes that, according to section 230 of the Labour Code, the employer is required to organize the proper maintenance of the means of personal protection (storage, washing, cleaning, repair, disinfecting, neutralising), but this provision does not refer to the requirement that the employer provide workers with appropriate means to enable them to use the individual protective equipment. The Committee asks the Government to provide further information about the employer’s obligation to provide the workers with the appropriate means to enable them to use the individual protective equipment and ensure its proper use.

Article 30(3). Compliance with ergonomic standards for protective equipment. The Committee notes that section 230 of the Labour Code and section 22 of the OSH Act include a general requirement that individual protective equipment must be in conformity with standards established by national legislation and must provide for safe working conditions of workers. The Committee asks the Government to indicate whether ergonomic standards are taken into account in the development of protective equipment and protective clothing.

Article 34. Reporting of accidents and diseases. The Committee notes that section 226 of the Labour Code and section 13 of the OSH Act provide that the employer has the duty to investigate into and keep records of occupational accidents and diseases. According to section 229 of the Labour Code and section 25 of the OSH Act the procedures for investigating and keeping records of occupational accidents and diseases are established by the Government. section 36 of the OSH Act states that the Department of State Labour Inspection of the Ministry of Labour and Social Protection carries out State supervision and control over compliance with legislation on OSH by employers. The officers of this Department have the right to investigate occupational accidents and participate in the investigation of occupational diseases. The mentioned provisions of the national legislation do not, however, reflect the requirement of the Convention that occupational accidents and diseases should be reported to the competent authority within a prescribed time. The Committee requests the Government to indicate the national laws or regulations which establish the procedure and time limits for reporting occupational accidents and diseases to the competent authority.

The Committee also notes that the Government’s report contains no information with regard to application of the following Articles of the Convention: Article 1(3). Application of the Convention to self-employed persons; Article 3. Consultations with the most representative organizations of the employers and workers concerned; Article 5(2). Having due regard to the relevant standards adopted by international organisations in the field of standardisation; Article 16(1). Transport, earth-moving and materials-handling equipment; Article 17(2). Provision of OSH instructions and information in a form understood by workers; Article 18. Work at heights including roof work; Article 19. Excavations, shafts, earthworks, underground works and tunnels; Article 20. Cofferdams and caissons; Article 21. Work in compressed air; Article 22. Structural frames and formwork.; Article 24(b). Precautions in cases of demolition of buildings that might present danger to workers or to the public; Article 26. Electricity; Article 27. Explosives; Article 28(3). Health Hazards; Article 29. Fire precautions. The Committee requests the Government to provide detailed information as regards measures taken to give effect to these provisions in law and in practice.

Part VI of the report form. Application in practice. The Committee notes the absence of any information on the application in practice of the present Convention. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to provide 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 resulting action taken, and the number of occupational accidents and diseases reported.