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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the information provided by the Government in its report on the effect given to Articles 5(2) (adoption of laws and regulations, having due regard to the relevant standards adopted by international organizations in the field of standardization), 16(1) (transport, earth-moving and materials-handling equipment), 17(2) (provision of instructions and information for safe use of plant, machinery, equipment and hand tools in a form understood by the users), 18 (work at heights, including roof work), 19 (excavations, shafts, earthworks, underground works and tunnels), 26 (electricity), 29 (fire precautions), 30(2) (use of protective equipment), 30(3) (compliance of protective equipment with ergonomic standards) and 34 (reporting of accidents and diseases) of the Convention.

Articles 1(3), 7 and 8(2) of the Convention. Self-employed persons. The Committee notes the information provided by the Government on the occupational safety and health (OSH) obligations of employers under section 17 of the OSH Act, including in the framework of civil law contracts. However, it notes that the Government does not indicate whether these obligations also apply to self-employed persons. The Committee requests the Government to specify whether the obligations placed on employers also apply to self-employed persons.

Article 3. Consultations with the most representative organizations of employers and workers. The Committee notes the information provided by the Government on the General Agreement for 2014–15 between the Government and the national associations of employers and trade unions, which includes the agreement of the parties on improving conditions and occupational safety. The Committee requests the Government to describe the manner in which the most representative organizations of employers and workers concerned are consulted on the measures taken to give effect to the Convention.

Article 4. Assessment of safety and health hazards. The Committee notes the information provided by the Government regarding the obligation of employers, pursuant to section 17 of the OSH Act, to develop, introduce and support OSH management systems to identify hazards, evaluate occupational risks, establish measures to manage occupational risks and analyse their outcomes, and develop and implement measures to improve working conditions and occupational safety. The Government also indicates that the National Special Programme to Improve Working Conditions and Occupational Safety for 2011–15 (the National OSH Programme 2011–15) includes the introduction of OSH management systems in organizations as part of the implementation of the OSH Act. The Committee requests the Government to describe the manner in which it is ensured that the adoption and maintenance in force of laws and regulations giving effect to the provisions of the Convention are based on an assessment of the safety and health hazards involved.

Article 8. Cooperation between two or more employers simultaneously undertaking activities at one construction site. The Committee notes the Government’s indication that section 17 of the OSH Act provides that if a site, building, facility or piece of equipment is used by several employers, their duties to meet OSH requirements are jointly executed on the basis of a mandatory written agreement, necessary for them to operate. The Committee requests the Government to indicate whether the above written agreements take into consideration the obligations provided for under Article 8(1)(a), (b) and (c) of the Convention.

Article 24. Demolition. Following its previous request concerning the precautions to be taken in the context of the demolition of buildings, and on the manner of ensuring supervision of the work, the Committee notes, from the information provided by the Government, that the Technical Codes of Common Practice TKP 45-1.03-44-2006 and TKP 45-1.03-161-2009 on the construction industry, and Chapter 13 of Decision No. 70 of the Ministry of Labour and Social Protection of 3 June 2003, give effect to the requirements of Article 24(a). The Committee also notes that, while section 18.3 of TKP 45-1.03-44-2006 requires the presence of a supervisor for the removal of unstable structures during the dismantling of a building, Article 24(b) requires all demolition work to be planned and undertaken under the supervision of a competent person. The Committee requests the Government to provide further information on the measures taken to ensure that all demolition work is planned and undertaken under the supervision of a competent person.

Article 27. Explosives. The Committee notes that under this Article, the Government refers to Act No. 363-Z on the Industrial Safety of Hazardous Production Facilities, Act No. 32-Z on the Transport of Dangerous Goods and the Instructions concerning the Storage, Acquisition, Transport, Use and Registration of Explosives (Ministry for Emergency Situations Order No. 5 of 18 January 2000). In this regard, the Committee notes that Act No. 363-Z contains no specific provisions on explosives. It also notes that Chapter 3 of Act No. 32-Z relates to safety in the transport of dangerous goods, as required by Article 27(a), but neither that Act No. 32-Z nor Order No. 5 appear to give effect to the requirement of Article 27(b) that explosives be handled and used by a competent person. The Committee therefore requests the Government to indicate the measures taken to ensure that explosives are handled and used by a competent person.

Articles 20 (cofferdams and caissons), 21 (work in compressed air) and 22 (structural frames and formwork). Noting once again that the Government’s report contains no information in this regard, the Committee requests the Government to provide detailed information on the measures taken in law and practice to give effect to these Articles of the Convention.

Article 28. Health hazards. Preventive and protective measures. Disposal of asbestos waste at construction sites. The Committee notes the information provided by the Government concerning preventive and protective measures against health hazards in industry, in accordance with Article 28(1) to (3). It notes in particular that under paragraph 2.5 of the inter-State All-Union Standard (GOST) 12.4.011-89, personal protective equipment must be used in situations where occupational safety cannot be ensured through equipment design, the organization of operational processes, architectural and planning solutions or collective protective equipment. Concerning the disposal of waste, the Committee notes section 22 of Act No. 271-Z on Waste Management, which establishes waste management requirements in construction work, and Instructions No. 2.1.7.10-12-85-2005 on the Collection, Transport and Disposal of Asbestos Waste (Chief Medical Officer Decision No. 229 of 16 December 2005). In this regard, the Committee notes that, pursuant to section 7 of the Instructions on the Collection, Transport and Disposal of Asbestos Waste, measures should be taken to ensure the maximum utilization of asbestos waste as a secondary source of raw material if there is no technical possibility of using non-waste technology. Recalling that Article 28 of the Convention provides for preventive and protective measures, including the replacement of hazardous substances by harmless or less hazardous substances wherever possible, when a worker is liable to be exposed to such a hazard, the Committee requests the Government to provide detailed information on the preventive and protective measures taken regarding the health of workers liable to be exposed to asbestos.

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

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.

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

1. The Committee takes note of the information provided by the Government in its report for the period ending 30 June 2003.

2. Article 1 of the Convention. Application of the Convention to all construction activities, namely building, civil engineering, and erection and dismantling work, including any process, operation or transport on a construction site. The Committee notes that the Government’s report contains no information about the scope of application of the Convention in Belarus and requests the Government to indicate the provisions which ensure that the Convention applies to all activities referred to in paragraph 1, and such persons referred to in paragraph 3, of this Article.

3. Articles 4 and 5. Adoption of laws or regulations ensuring the application of the provisions of the Convention, on the basis of an assessment of the safety and health hazards involved; their practical application through technical standards or codes of practice. The Committee notes that the Government refers to numerous national legal and regulatory instruments giving effect to the Convention, among which: Law of 10 January 2000 concerning industrial safety of hazardous facilities; Presidential Decree No. 1 of 4 January 2000 concerning issues relating to compensation for damage to the life or health of citizens; Council of Ministers Order No. 865 of 13 June 2000 concerning improvements to the provision of workers with personal protective equipment; Council of Ministers Order No. 309 of 9 March 2000 concerning measures to organize safety and health in Belarus; Council of Ministers Order No. 507 of 12 April 1999 concerning measures to safeguard safety and health and implement labour legislation in undertakings and organizations; Council of Ministers Order No. 402 of 23 March 1999 concerning regulations for investigating and recording industrial accidents and occupational diseases; Cabinet Order No. 114 of 12 October 1994 concerning measures to implement labour legislation and prevent occupational injuries and diseases. The Committee also notes the Government’s reference to national technical standards among which the construction standards SNB 1.03.02-96 "General content and procedures for drawing up and approving construction plans", approved by Ministry of Construction Directive No. 344 of 4 October 1996; SNiP 3.01.01-85 on "Organization of construction operations", approved by Order No. 140 of the State Construction Committee of the USSR (2 September 1985); the regulations SNiP III-4-80 "Safety equipment in construction" are also applicable (approved by Order No. 82 of the State Construction Committee of the USSR, 9 June 1980). As these texts are not available to the Committee, it requests the Government to provide copies of them with its next report so that it can examine the extent to which they give effect to the provisions of the Convention.

4. Articles 13 to 15. Precautions to ensure the safety of workplaces as well as safe use of scaffolds, ladders, lifting appliances and gear. The Committee notes that the Government’s report contains a general description of employers’ activities undertaken in order to give effect to the abovementioned provisions of the Convention. The Government is requested to indicate the provisions by which effect is given to each of these Articles.