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

Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - Azerbaijan (Ratification: 1992)

Other comments on C120

Direct Request

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Article 4 of the Convention. National laws and regulations which ensure the application of the Convention. The Committee notes that the Government in its most recent report includes information on a large number of legislative and regulatory acts referred to as “the basic legislative and regulatory acts governing the provisions of the Convention”. The Committee notes that the referenced legislation includes information on national legislation relevant not only for the safety and health of workers engaged in activities within the scope defined in Article 1 of the Convention, but also for the general public in Azerbaijan. With reference to the foregoing and to the fact that the referenced legislation was not attached to the report, the Committee is unable to determine the relevance of each of the references pieces of legislation for the application of the provisions of the Convention, including, in particular its Articles 8–19. The Committee requests the Government to submit a detailed report specifying the legislative and regulatory acts in force which ensure the application of the Convention, in particular its Articles 8–19, and attach copies of the relevant laws and regulations which ensure the application of the Convention.

Article 6(1). Inspection and ensuring proper application of the Convention. The Committee notes the detailed information in the Government’s report about the organization and working of system of inspection of occupational safety and health (OSH) which is exercised by eight different agencies and institutions. It also notes that these institutions ensure compliance not only with laws and regulations concerning occupational safety and health, but also laws and regulations ensuring public health and safety in the country. With reference to its previous comments, the Committee notes that these institutions are independent and subject only to the law but that overall supervision of the application of labour legislation is exercised by the Prosecutor General. The details provided do not, however, enable the Committee to appreciate how the various agencies exercising control of compliance with OSH cooperate to ensure a proper application of the Convention. The Committee requests the Government to provide further information on the manner in which the mentioned agencies cooperate in supervising the proper application of relevant legislation giving effect to the Convention.

Part IV of the report form. Application in practice. The Committee notes that the information provided by the State Labour Inspectorate concerning its activities in the country does not contain any details regarding inspections related to commerce and offices within the scope of the 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 information concerning the number of workers covered by the legislation, the number and the nature of the contraventions reported and the resulting action taken.

[The Government is asked to report in detail in 2012.]