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

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Tajikistan (Ratification: 1993)

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

Repetition

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

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

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

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

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

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

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

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

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

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

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

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