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Underground Work (Women) Convention, 1935 (No. 45) - Kyrgyzstan (Ratification: 1992)

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Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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 45 (underground work (women)), 119 (guarding of machinery), and 120 (hygiene (commerce and offices)) together.

A. Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Articles 2, 4, 11 and 16 of the Convention. Sale, hire, transfer in any other manner and exhibition of machinery. Obligation of the vendor, the person letting out on hire or transferring the machinery, the exhibitor and the manufacturer. Prohibition of the use of machinery without guards and consultations on laws and regulations with a view to giving effect to the Convention. In its previous comments, the Committee requested the Government to provide information on the specific provisions of the legislation giving effect to the Articles of the Convention. In this respect, the Committee notes that the Government indicates in its report that section 13 of the Occupational Safety and Health Act provides that projects for the construction and reconstruction of machines, tools and other industrial equipment must comply with the laws and regulations on occupational safety and health and that the production and introduction of new equipment is prohibited without the competent state body assessing the conformity of the projects with occupational safety and health requirements. Section 13 also provides that machines, tools and other industrial equipment, including those of foreign production, must meet the requirements set out in technical regulations. The Committee requests the Government to provide information on the technical regulations adopted on machine safety, referred to it section 13 of the Occupational Safety and Health Act. In particular, it requests the Government to provide information on any regulations implementing Article 2(1) and (2) (sale, hire, transfer in any other manner and exhibition of machinery), Article 4 (obligation of the vendor, the person letting out on hire or transferring the machinery, the exhibitor and the manufacturer), Article 11 (prohibition of the use of machinery without guards) and Article 16 (consultations on laws and regulations with a view to giving effect to the Convention).

Articles 6(1), 7, 8(2) and 10(2). Prohibition by national laws and regulations of the use of machinery without appropriate guards. Employer’s duty to ensure compliance. Maintenance, lubrication, setting-up or adjustment of machinery in conformity with accepted standards of safety and obligation of the employer to establish and maintain safe environmental conditions. Following its previous comments, the Committee notes the Government’s indications regarding the Building Norms of Kyrgyzstan on Occupational Safety in Construction, approved by Order No. 15 of 2018, and developed to comply with occupational safety and health rules in facilities for construction works, production of building materials and manufacture of building structures and products. The Committee notes that the following sections of the Building Norms give effect to Articles 6(1), 7, 8(2) and 10(2) of the Convention with respect to the construction sector: section 7.3.4 providing for the obligation to fence off moving parts of machines that are sources of danger with solid metal meshes; section 4.1 providing for the obligation of the employer to ensure the safe operation of equipment used in construction; sections 7.1.6 and 7.1.8 requiring the maintenance of machines in accordance with safety standards and sections 7.2.1 and 6.6.13 providing for the obligation of the employer to establish environmental conditions to protect workers, such as the use of safety signs or warning notices to indicate dangerous areas where machines are used and the reduction of machine noise to eliminate harmful effects on workers. The Committee requests the Government to provide information on the measures giving effect to Articles 6(1) (prohibition by national laws and regulations of the use of machinery without appropriate guards), 7 (employer’s duty to ensure compliance), 8(2) (maintenance, lubrication, setting-up or adjustment of machinery in conformity with accepted standards of safety) and 10(2) (obligation of the employer to establish and maintain safe environmental conditions) of the Convention for the use of machines outside of the construction sector.

Article 10(1). Obligation of the employer to take steps to bring national laws or regulations relating to the guarding of machinery to the notice of workers and to instruct them. Following its previous comments, the Committee notes the Government’s indications that the Regulations on the Procedures for Occupational Safety and Health Training and Testing of Workers’ Knowledge of Occupational Safety and Health Requirements, approved by Government Decision No. 225 of 2004, provide that the employer is obliged to give instructions on labour protection to all employees (section 2.1.1), including familiarization with existing or harmful production factors, occupational safety requirements contained in the organization's local regulations and the application of safe working methods and techniques (section 2.1.3), in accordance to Article 10(1) of the Convention.

Article 15. Appropriate inspection services. The Committee notes the Government’s indication, in reply to its previous comments, that pursuant to section 6 of the Regulations on the State Environmental and Technical Safety Inspectorate approved by Government Decision No. 136 of 2012, the Inspectorate monitors compliance with labour rights and occupational safety and health requirements, giving effect to Article 15(2) of the Convention. The Committee refers in this respect to its comments on Convention No. 81.

B. Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee notes the Government’s indications, in reply to its previous request, that the possible ratification of the Safety and Health in Mines Convention, 1995 (No. 176) and the denunciation of the Underground Work (Women) Convention, 1935 (No. 45) will be considered as part of the activities of the National Tripartite Commission in 2020. The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group, confirmed the classification of Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to follow up with the member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to follow up on the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider ratifying the most up-to-date instruments in this subject area.

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Articles 1, 4 and 5 of the Convention. Scope of application and effective implementation of Part II of the Convention in the national legislation. Following its previous comments, the Committee notes that section 11 of the Occupational Safety and Health Act gives effect to Articles 13 and 19 of the Convention. Section 11 of the Act provides for sanitary services for employees in accordance with labour protection requirements as well as for measures to prevent emergency situations and to preserve the life and health of workers in the event of such situations, including the provision of first aid to victims. The Committee also notes the Government’s indications regarding the adoption of Decision No. 201 of 2016 approving Acts on Public Health Care, including Public Health Requirements for Wholesale and Retail Trade Facilities in Food Products in Annex 7. The Committee notes that the following sections of Decision No. 201 give effect to Articles 7, 8, 9, 10, 12, 13, 15, 18 and 19 of the Convention with respect to trading establishments selling food: section 80 requiring that all premises be kept clean; section 42 providing for water supply, ventilation, air conditioning, heating and lighting; section 50 providing for washing facilities and sanitary conveniences; section 32 providing for a dressing room with separate cupboards for personal and sanitary clothing; section 57 requiring that noise and vibration levels comply with hygienic standards regarding the permissible level of noise and vibration in workplaces and section 128 providing for a first aid kit with a set of medicines for first aid. The Committee notes, however, that the labour legislation does not give effect to Article 11 (arrangement of workplaces and layout of workstations); Article 14 (sufficient and suitable seats supplied for workers); Article 16 (hygiene in underground or windowless premises) and Article 17 (personal protective equipment). The Committee therefore requests the Government to provide information on the specific provisions of the national legislation that give effect to Articles 7, 8, 9, 10, 12, 15, and 18 of the Convention with respect to trading establishments outside of the food sector. The Committee also requests of the Government to indicate the legal provisions giving effect to the Articles 7-12 and 14–18 of the Convention as regards establishments, institutions and administrative services in which the workers are mainly engaged in office work.

Article 6. Inspection and application in practice. The Committee notes the information provided by the Government, in reply to its previous request, that in 2018, the Ministry of Health conducted public health inspections in 22,995 food facilities (73.6 per cent of the total number of facilities) in accordance with public health standards and that following inspections, 5,352 fines were imposed for violations of health regulations on those responsible for the facilities in the amount of 12,393,200 Kyrgyzstani soms (approximately US$157,409). It also notes the Government’s indications that 1,539 decisions were issued to suspend the operation of facilities until the elimination of violations and that sanitary notices were issued for 10,077 facilities. The Committee requests the Government to provide further information on the manner in which the Convention is applied in practice, including the number, nature and cause of reported occupational accidents and cases of occupational disease in trading establishments and establishments, institutions and administrative services in which the workers are mainly engaged in office work.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government indicates that the Convention is applied through section 202 of the 2004 Labour Code and by the Ordinance on the list of difficult occupations and occupations with harmful working conditions in which women may not be employed.

The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that, with respect to underground work, the States’ parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its General Survey of 2001 on night work of women in industry in relation to Conventions Nos 4, 41 and 89, “the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial” (paragraph 186).

In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45. In this respect, the Committee recalls that according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018. The Committee requests the Government to keep the Office informed of any decision taken in this regard.