Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Kyrgyzstan

Radiation Protection Convention, 1960 (No. 115) (Ratification: 1992)
Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) (Ratification: 1992)
Safety and Health in Agriculture Convention, 2001 (No. 184) (Ratification: 2004)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 148 (working environment (air pollution, noise, and vibration)) and 184 (safety and health in agriculture) together.

Article 1 of Convention No. 115. Article 5(1),(2) and (3) of Convention No. 148. Article 4(1) of Convention No. 184. Consultation, collaboration and association of employers and workers in the implementation of measures concerning the protection of risks from radiation, air pollution, noise and vibration, and in the formulation, carrying out, and periodic review of a coherent policy on safety and health in agriculture. The Committee notes that according to the 2015 OSH Profile established by the ILO Decent Work Technical Support Team and Country Office for Eastern Europe and Central Asia, the National Tripartite Commission for Social and Labour Relations develops and participates in discussions on draft laws and regulations, including the OSH Act, and a number of other regulations in the area of OSH. The Committee notes that no specific information is provided in the Government’s report on the involvement of the social partners in the implementation of the measures providing for the protection against risks from radiation and from those arising from air pollution, noise and vibration. However, the Committee notes from the 2015 OSH Profile and the indications of the Government in its report, that the social partners have actively participated in the implementation of the Work Improvement in Neighbourhood Development Programme (WIND) for Training in Safety, Working Conditions and Health Protection in Agriculture Programme, with the ILO Decent Work Technical Support Team and Country Office for Eastern Europe and Central Asia. The Committee requests the Government to provide information on how the competent authority ensures the consultation with representatives of employers and workers in the implementation of the measures giving effect to Convention No. 115. It requests the Government to provide more detailed information on the consultation, association of, and collaboration with, the most representative organizations of employers and workers concerned, as regards matters of air pollution, noise and vibration in accordance with Article 5(1), (2) and (3) of Convention No. 148. The Committee also requests the Government to provide more detailed information on the consultations with the representative organizations of employers and workers in the formulation, carrying out, and periodic review of the coherent national policy on OSH in agriculture.

Article 12 of Convention No. 115 and Article 11 of Convention No. 148. Medical examinations. The Committee notes the general provisions in the OSH Act and the Labour Code concerning pre-employment and periodic medical examinations, as well as the transfer of workers to alternative employment, where continued assignment to work is medically inadvisable. The Committee also notes the Instructions on the conduct of mandatory pre-employment and periodic medical examinations of workers, as approved by Decision No. 225 of 16 May 2011. In this regard, the Committee notes from the 2015 OSH Profile that the rate of reported occupational diseases is extremely low, which is a result of medical examinations not being carried out by the medical specialists, but by ordinary family physicians. The OSH Profile also refers to an acute shortage of qualified specialists as well as the necessary equipment. The Committee requests the Government to provide information on any measures taken or envisaged to ensure appropriate medical examinations of workers exposed to ionizing radiation and to risks resulting from air pollution, noise and vibration.

Article 15 of Convention No. 115, Article 16(b) of Convention No. 148 and Article 5 of Convention No. 184. Adequate system of inspection concerning radiation safety, the protection from air pollution, noise and vibration, and OSH in agriculture. The Committee refers the Government to its comments made under the Labour Inspection Convention, 1947 (No. 81), adopted in 2018 as regards the effectiveness of the labour inspection system. The Committee requests the Government to provide specific information on the labour inspection activities in the area of radiation safety, the protection from air pollution, noise and vibration, and OSH conditions in agriculture.

Radiation Protection Convention, 1960 (No. 115)

Article 1 of the Convention. Competent authority. The Committee requests the Government to provide information on the competent authority or bodies responsible for applying the provisions of the Convention.

Articles 3 and 6. Consideration of current knowledge on radiation protection in the protection of workers. Constant review in the light of current knowledge of permissible doses and amounts. The Committee notes that Law No. 224 of 29 November 2011 on the Technical Regulations concerning Radiation Safety contains measures to protect workers against ionizing radiation, and fixes the maximum permissible doses of ionizing radiations for different categories of workers. The Government notes from the website of the International Atomic Energy Agency (IAEA) that Kyrgyzstan signed, in September 2018, a Country Programme Framework for 2018–23, which includes, as one of the five priority areas, the improvement of the regulatory infrastructure for nuclear and radiation safety. Referring to its 2015 general observation concerning this Convention, the Committee requests the Government to provide information on how the current knowledge on radiation protection is taken into account in the legislation providing for the protection of workers, and to indicate the measures taken to provide for the constant review of doses of ionizing radiations in light of the current knowledge.

Article 9. Appropriate warnings to indicate the presence of hazards from ionizing radiations and instruction of workers engaged in radiation work. The Committee notes the general information provided by the Government regarding the measures to be taken by employers to inform workers of risks in the workplace and on the protective measures to be taken against those risks. Since the Government has not provided specific information under this Article, the Committee requests the Government to provide information on the requirements to use appropriate warnings indicating the presence of hazards from ionizing radiations. It also requests the Government to provide detailed information on the measures taken or envisaged to ensure that workers engaged in radiation work are duly instructed, before and during the assignment of such work, of the precautions to take for their safety and the protection of their health.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Articles 4, 6(1), 7, 9 and 10 of the Convention. Legislative and other measures for the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration. The Committee notes the reference in the Government’s report to provisions in the Labour Code and OSH Act, which provide for the prevention of, and the protection from, risks to the safety and health of workers, the relevant obligations of employers and workers, and the rights of workers in this respect. However, the Committee notes that these provisions do not specifically refer to the protection of workers against risks from air pollution, noise and vibration. The Committee requests the Government to indicate, where applicable, the specific national laws or regulations, technical standards and codes of practice giving effect to the specific requirements of the Convention in relation to air pollution, noise and vibration.

Article 5(4). Opportunity of representatives of employers and workers to accompany inspectors in supervising the application of the measures giving effect to this Convention. The Committee notes that section 10 of the OSH Act provides that employers have the right to participate in inspections. The Committee requests the Government to provide information on the measures taken or envisaged to provide workers’ representatives the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of this Convention.

Article 6(2). Collaboration between two or more employers at one workplace. The Committee notes that neither the Labour Code nor the OSH Act regulate the relationship between employers undertaking activities in the same workplace. The Committee requests the Government to take the necessary measures, in law and in practice, to establish a duty to collaborate in applying safety and health requirements, where two or more employers undertake activities at the same workplace.

Article 8. Criteria for determining hazards of exposure to air pollution, noise and vibration. The Committee requests the Government to indicate the criteria established by the competent authority concerning the hazards of exposure to air pollution, noise and vibration in the working environment, and where appropriate, the exposure limits established on the basis of these criteria.

Articles 12. Notification of the use of processes, substances, machinery and equipment, which involve exposure of workers to occupational hazards in the working environment, to the competent authority. The Committee notes that the Labour Code and OSH Act require the certification of “machinery”, “mechanisms and other production equipment”, and “technological processes” to comply with OSH standards, and requires employers to seek the approval of the competent authority in this respect. The Committee requests the Government to provide further information on the notification of processes, substances, machinery and equipment, which involve exposure of workers to occupational hazards in the working environment, to the competent authority, by indicating the applicable regulations and procedures concerning air pollution, noise and vibration.

Article 15. Appointment of competent person, use made of outside services or services common to several undertakings. The Committee notes the requirements in the OSH Act and the Labour Code concerning the employment of an OSH officer in workplaces with more than 50 workers, or the contracting of an expert or entity which provides OSH services. The Committee notes from the information provided in the 2015 OSH Profile, that in practice, while OSH services are established and functioning in enterprises with more than 1,000 workers, in the majority of medium-sized businesses and practically in all small enterprises, there are neither OSH services, nor OSH experts. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that employers comply with their obligation in the national legislation to appoint a competent person, or use outside service or service common to several undertakings to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 4(1) of the Convention. National policy on OSH in agriculture. The Committee notes the Government’s indication, in its report, that the national policy on OSH in agriculture consists in the adoption of preventive and protective measures to ensure compliance with OSH standards of all agricultural undertakings, including as regards agricultural machinery, equipment and chemicals. In this respect, the Government refers to a number of activities, including the development of training materials and awareness-raising activities in the framework of the WIND Programme referred to above. The Committee recalls that Article 4(1) of the Convention provides that national laws or regulations shall prescribe that measures be taken for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration. The Committee requests the Government to provide further information on the formulation, carrying out and periodic review of a coherent national policy on safety and health in agriculture.

Article 4(2)(a) and (c). Competent authority responsible for the implementation of the national policy on OSH in agriculture. Coordination with other relevant authorities and bodies for the agricultural sector. The Committee notes the Government’s indication in its report that the Ministry for Agriculture (and all its constituent entities and legislative bodies) are, among other bodies, responsible for the implementation of the OSH policy in agriculture. It further notes the Government’s indication that, in the framework of the WIND Programme, a three-tier system for OSH in agriculture was created, involving 460 rural administrations, 40 districts, and seven provinces. The Committee further notes from the 2015 OSH Profile that the Ministry of Economy is the responsible authority for technical regulations. The Committee requests the Government to provide more detailed information on the coordination among the relevant authorities and bodies responsible for the implementation of the national policy on OSH in the agricultural sector, especially as regards the adoption of technical regulations concerning the agricultural sector, with a view to ensuring the consistent application of the national policy on safety and health in agriculture.

Article 4(3). Suspension or restriction of those agricultural activities which pose an imminent risk to the safety and health of workers. The Committee notes that sections 17 and 22 of the OSH Act provide for the possibility to suspend work in case of the violation of labour law provisions resulting in dangers to the life and health of workers. The Committee recalls that Article 4(3) of the Convention provides that measures for the suspension or restriction shall be foreseen for those agricultural activities which pose an imminent risk to the safety and health of workers. The Committee requests the Government to provide information on the measures taken or envisaged to bring the national legislation into conformity with the requirements of this Article of the Convention, in permitting the suspension or restriction of any agricultural activities which pose an imminent risk to the safety of workers.

Article 6(2). Cooperation between two or more employers in an agricultural workplace. The Committee notes that neither the Labour Code, nor the OSH Act regulate the relationship between employers undertaking activities in the same workplace. The Committee requests the Government to take the necessary measures, in law and in practice, to establish a duty to cooperate in applying safety and health requirements, where two or more employers undertake activities in the same agricultural workplace.

Article 7(c). Obligation of employers to take immediate steps to stop any operation in the event of an imminent and serious danger to the safety and health of workers, and evacuation of workers as appropriate. The Committee notes that the OSH Act and Labour Code provide for measures to prevent accidents and the protection of the health and safety of workers in an emergency, but there is no specific provision implementing this requirement of the Convention. The Committee requests the Government to provide information on the legislative measures taken or envisaged to give effect to this provision of the Convention, providing for the obligation of employers to stop any operation in the event of an imminent and serious danger to the safety and health of workers, and the evacuation of workers, as appropriate.

Article 8(1)(a) and (b), (3) and (4). Workers’ rights concerning OSH in agriculture. The Committee notes that the OSH Act and the Labour Code provide for the right of workers to receive information on working conditions and OSH, including on the existing risks to their health, and the measures to protect themselves against harmful or dangerous production factors. However, there are no specific provisions concerning the right of workers to be consulted, to participate in the application and review of safety and health matters, or to select OSH representatives or representatives in OSH committees. The Committee requests the Government to provide information on the measures taken to give effect to the abovementioned rights of workers, either by national laws and regulations, the competent authority, collective agreements or other appropriate means, and to provide information on the consultations held with the representative organizations of employers and workers concerned in this respect.

Article 8(1)(c). Right of workers to remove themselves. The Committee notes that section 6 of the OSH Act provides that workers have the right to refuse work in the event of danger to their life and health as a result of a violation of the requirements relating to OSH. The Committee also notes that section 215 of the Labour Code provides that workers may refuse to perform work clearly threatening their life and health relating to OSH requirements. The Committee recalls that Article 8(1)(c) provides that workers in agriculture shall have the right to remove themselves where they have a “reasonable justification to believe” that there is an imminent and serious risk to their “safety and health”, rather than a requirement of a danger to their “life”, or a requirement of “violation of OSH requirements”. The Committee requests the Government to provide information on measures taken or envisaged to bring the national legislation into conformity with the requirement of this Article of the Convention.

Articles 9(2), (3) and 10. Machinery and safe ergonomics. The Committee notes that sections 11, 13 and 20 of the OSH Act provide for the general safety requirements of machinery, the information obligations of employers with regard to machinery and the civil responsibility of producers and suppliers for products that do not meet OSH requirements. The Committee also notes that section 13 provides that machines, including those of foreign manufacture, must comply with the requirements established in the relevant technical regulations. The Committee requests the Government to provide information on any measures taken to give effect to Articles 9(2) and (3) and 10 of the Convention, including information on the technical regulations referred to in section 13 of the OSH Act.

Article 11. Handling and transport of materials. The Committee notes that there are no provisions in the Labour Code or OSH Act concerning requirements for the handling and transport of materials, including manual handling. The Committee notes however that section 11 of the OSH Act and section 211 of the Labour Code provide for the obligation of employers to undertake risk assessments. The Committee requests the Government to provide information on the establishment of safety and health requirements for the handling and transport of materials, particularly on manual handling, based on risk assessment, technical standards and medical opinion, taking into account all the relevant conditions under which the work is performed in accordance with national law and practice. It requests the Government to provide information on how it is ensured that workers are not permitted to engage in the manual handling or transport of a load which by reason of its weight or nature is likely to jeopardize their safety or health.

Articles 12, 13 and 14. Sound management of chemicals. The Committee notes that section 13 of the OSH Act and section 213 of the Labour Code prohibit the use of harmful or hazardous substances that do not meet the requirements established in the relevant technical regulations, or for which no protective measures are available and which have not been assessed for safety. The Committee also notes that Act No. 12 of 1999 on Chemicalization and Plant Protection provides for a system concerning the safety of pesticides and agrochemicals, and that it appears to give effect to most of the requirements in Articles 12, 13 and 14. Noting from the 2015 OSH profile that a revision of the technical standards for safety and health is under way, the Committee requests the Government to provide information on whether Act No. 12 of 1999 remains in effect.

Article 16. Young workers and hazardous work. The Committee notes that section 8 of the OSH Act and section 294 of the Labour Code prohibit the employment of persons under the age of 18 years in work with harmful and dangerous conditions. In this respect, the Committee recalls its observation on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), adopted in 2012, concerning the widespread use of hazardous child labour in the agricultural sector, particularly in tobacco, rice and cotton fields, and that in rural areas, the regulations prohibiting children from engaging in such work were not strictly enforced. The Committee further noted that many of the children working in tobacco, rice and cotton fields faced work-related risks including injuries resulting from the use of heavy equipment, lack of clean drinking water in the fields, exposure to toxic pesticides, insects and rodent bites, and hazards related to tobacco production (skin irritation and intoxication). The Committee reiterates its request made under Convention No. 182 urging the Government to pursue its efforts to ensure that persons under 18 years of age are protected against hazardous agricultural work, particularly in the cotton, tobacco and rice-growing sectors.

Article 21. Coverage against occupational injuries and diseases. The Committee notes that both the Labour Code and the OSH Act provide for mandatory social insurance of workers against occupational accidents and diseases, and other health impairments. The Committee requests the Government to provide information on the application in practice of the general mandatory social insurance scheme to agricultural workers.