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

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

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.