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Occupational Safety and Health Convention, 1981 (No. 155) - Belarus (Ratification: 2000)

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

The Committee notes the information provided by the Government in its report in reply to its previous request concerning the effect given to Article 17 of the Convention on collaboration between employers when two or more undertakings engage in activities simultaneously at one workplace.

Article 4. Review of the national policy. Consultations with the social partners. The Committee notes the Government’s indication that, in accordance with Decision No. 982 of the Council of Ministers (29 June 2010) approving the National Special Programme to Improve Working Conditions and Occupational Safety for 2011–15, the social partners are actively involved in developing and implementing state policy measures on occupational safety, namely through their consideration and the submission of amendments and proposals regarding draft regulations. The Government also indicates that it is currently cooperating with trade unions and employers’ associations in preparing the draft occupational safety subprogramme of the State Programme on Social Protection and Employment Promotion for 2016–20. The Committee requests the Government to provide further details on the most recent review of the national policy on occupational safety and health undertaken in consultation with the representative organizations of employers and workers, and on its outcome.

Article 5(e). Protection of workers from disciplinary measures. The Committee notes the Government’s indication that, pursuant to sections 222 and 223 of the Labour Code and section 11 of the Occupational Safety Act, workers have the right to refuse to perform work in cases of the emergence of a direct threat to their life or health or the failure of the employer to provide personal protection equipment. The Government indicates that such a refusal is not a disciplinary offence, as defined by section 197 of the Labour Code, and that employers cannot accordingly apply disciplinary measures against the worker. The Committee notes, however, that no information has been provided with regard to the protection of workers and their representatives from disciplinary measures as a result of actions, other than the right to refuse to perform work in the cases described above, properly taken by them in conformity with the national policy on occupational safety and health and the working environment. The Committee therefore requests the Government to provide further information on the measures taken in law and practice to ensure that workers and their representatives are protected from disciplinary measures as a result of actions properly taken by them in conformity with the national OSH policy, including but not limited to the right to refuse to perform work in the cases described above.

Application in practice. The Committee notes the information provided by the Government according to which a total of 7,058 inspections were carried out by state labour inspectors in 2014, during which more than 88,000 violations of labour and occupational safety laws were identified. The violations led to the suspension or prohibition of the activities of 57 organizations, 186 workshops and 3,865 machine tools, units of machinery and other industrial equipment, and administrative fines were issued to 5,669 officials and 342 employers for the violation of occupational safety legislation. Furthermore, the Committee notes that, according to the National Statistical Committee, 1,833 workers were injured in industrial accidents in 2014, including 148 fatalities and 702 serious injuries. The Government indicates that the main causes of serious industrial accidents include: the contravention by the victim of labour and industrial discipline and occupational safety instructions; the failure of managers and specialists to meet occupational safety requirements; the inadequate occupational safety training and instruction of workers; and carelessness by the victim. The Committee requests the Government to continue providing information on the application of the Convention in practice, including information on the number of workers covered by the legislation, the number and nature of the contraventions, the number, nature and cause of the accidents reported, etc. It also requests the Government to provide information on the measures taken or envisaged to address the causes of serious industrial accidents.

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

The Committee notes the information in the Government’s report and that effect is given to Article 18 of the Convention through Section 13 of Belarus Occupational Safety and Health Act, No. 356-Z of 23 June 2008 (OSH Act).

Article 4 of the Convention. Formulation, implementation and periodical review of a national policy on occupational safety and health. With reference to the terms of this Article of the Convention, the Committee requests the Government to provide further information on periodical reviews undertaken in consultation with representative organizations of employers and workers of the national policy on occupational safety and health being implemented in the country. Should a revised national policy has been adopted recently, the Committee requests the Government to attach a copy thereof with its next report.

Article 5(e). Protection of workers from disciplinary measures. The Committee notes the information provided by the Government regarding the definition of workers, rights of workers with respect to occupational safety and health (OSH), general duties of workers at the workplace, the guarantees of protection of workers’ rights, and the duties of employers with regard to the organization of work. The Committee notes that the Government’s report does not indicate any provision which clearly establishes protection of workers from disciplinary measures as a result of actions properly taken by them in conformity with the policy on OSH. The Committee therefore reiterates its request to the Government to indicate the measures taken, in law and in practice, to give effect to this provision of the Convention.

Article 17. Collaboration between employers when two or more undertakings engage in activities simultaneously at one workplace. The Committee notes the Government’s reference to Section 13 of the OSH Act which provides that if the site, industrial buildings or premises, etc. are used by several employers, then the OSH requirements must be observed by them jointly on the basis of a written agreement. The Committee requests the Government to indicate measures taken in law and in practice giving effect to this obligation in cases when no written agreement is achieved by the employers in question.

Part V of the report form. Application in practice. The Committee notes the information in the Government’s report regarding the adoption of Decree No. 510 of 16 October 2009, on improving control (supervisory) activities in the Republic of Belarus according to which the coordination of the control and supervisory activities in the Republic of Belarus is presently exercised by the Belarus Committee of State Control. But no information was provided about the activities of this institution in relation to the supervision of this Convention. The Committee requests the Government to provide further information on the application in practice of the Convention including information about the role and function of the Belarus Committee of State Control in this respect and attach extracts from reports of the state labour inspectorate department and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and cause of the accidents reported, etc.

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

1. The Committee takes note of the Government’s report, including information in reply to its previous comments, in particular the information regarding the application of Articles 5(b), 10, 11(b), (e) and (f), 12(c) and 19(d) of the Convention. The Committee requests the Government to supply further clarifications and supplementary information on the following points:

2. Article 5, paragraph (e). Protection of workers from disciplinary measures. The Committee notes the Government’s reference to section 24 of Act No. 1605-XII of 22 April 1992 on Trade Unions which restricts disciplinary actions against public labour inspectors. As the Convention provides for the protection not only of workers’ representatives but also of workers themselves from disciplinary measures, the Government is requested to indicate the extent to which such protection of workers from disciplinary measures as a result of actions properly taken by them, is taken into account in the policy on occupational safety and health.

3. Article 17. Collaboration applying with the requirements of the Convention when two or more undertakings engage in activities simultaneously at one workplace. The Committee notes that in response to the Committee’s request for information on relevant provisions giving effect to this Article of the Convention, the Government refers to the rules of training with respect to safe methods and techniques of work, rules on training with respect to carrying out instructions and control of occupational safety and health knowledge approved by decree of the Labour and Social Protection Ministry on 30 December 2003 No. 164, including provisions dealing with training intended for employees seconded from undertakings other than those which organize training. The Committee notes that these regulate more general issues than those related to training provided for in Article 17 and requests the Government to indicate measures taken or envisaged to ensure that undertakings engaged in activities simultaneously at one workplace collaborate in applying the requirements of this Convention.

4. Article 18. Measures to deal with emergencies and first-aid arrangements. The Committee refers to its previous comments where it requested the Government to supply copies of the regulations on the: investigation and registration of industrial accidents and occupational diseases No. 60/170 of 17 May 1999, and the regulations on the procedure of holding a technical inquiry into the causes of industrial accidents and incidents at hazardous production facilities, approved by the Ministry of Emergency Situations of 28 June 2000 which were mentioned by the Government as instruments giving effect to this Article. The Committee notes that, in its latest report, which did not include copies of these texts, the Government refers to another instrument, namely the rules on investigation and registration of accidents and occupational diseases in industry approved by decree of the Council of Ministers No. 18, adopted in January 2004, giving effect to this Article of the Convention. Noting that this decree only addresses measures related to occupational accidents, the Government is requested to indicate relevant legislative or other provisions giving effect to Article 18 requiring employers to provide for measures to deal with emergencies including adequate first aid arrangements.

5. Part V of the report form. The Committee notes with interest the State Labour Inspectorate Department’s report which contains a complete description of the different activities of the Inspectorate, including measures related to accident prevention. The Committee also notes with interest the information concerning the Inspectorate’s initiative to create a coordinating council of state and public control bodies for the observance of labour and labour protection legislation. As the activities of such a central body may, as provided in Article 15, contribute to ensuring coherence of the policy on occupational safety and health in the country, the Committee would be grateful if the Government would keep it informed of how the council contributes to such coherence of the national policy on occupational safety and health in the country. The Committee would also request to continue to be informed of the activities of the State Labour Inspectorate Department.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the detailed information provided by the Government in its report for the period ending on 30 June 2002. It requests the Government to supply clarifications and supplementary information with respect to the following points.

Article 5(b). Relationship between the material elements and persons carrying the work as the main sphere taken into account by the national policy. The Committee takes note of the information supplied by the Government in its report on occupational safety rules, standards of the system of occupational safety (state, sectoral and at the level of enterprises), building codes and regulations, sanitary regulations and rules and occupational health standards as well as other instruments (instructions, certificates of compliance, etc). The Government is requested to indicate the extent to which the national policy on occupational safety and health covers the relationship between the material elements of work and the persons who carry out or supervise the work.

Article 5(e). Protection of workers’ and their representatives from disciplinary measures as the main sphere taken into account by the national policy. The Committee takes note of articles 222 and 223 of the Labour Code stipulating that every worker shall have the right to refuse to perform assigned work in case of imminent danger to his health and life and that of other workers. Since Article 5(e) of the Convention is wider in scope with respect to actions of workers and their representatives and consequences of such actions, the Government is requested to indicate measures taken or envisaged in order to ensure that workers and their representatives were protected against disciplinary measures as a result of action properly taken by them.

Article 10. Guidance for employers and workers in order to help them to comply with their legal obligations. The Committee notes that the Government’s report contains no information about the effect given to this provision of the Convention. It requests the Government to indicate measures taken or envisaged with a view to providing employers and workers with guidance in order to help them to comply with their obligations.

Article 11(b). The determination of work processes and of substances and agents, the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authority. The Committee takes note of the Government’s reference to the control exercised by sanitary and industrial laboratories of the enterprises and by territorial sanitary and epidemiological services of the Ministry of Health. It also notes that special attention is drawn at the enterprise level to the use or production of substances, which may be conducive, by their properties and physical impact, to the deterioration of a worker's health, and that permissible level limits (PLL) and permissible concentration limits (PCL) of these factors are specified in the sanitary rules and regulations and occupational health requirements concerned. The Government is requested to give specific information on how the competent authority limits, prohibits or authorizes work processes, substances and agents liable to damage workers’ health.

Article 11(e). Annual publication of information on occupational accidents, diseases and injuries arising in connection with work. The Committee takes note of the Government’s reference to instruments dealing with the specific employers’ obligations to carry out the investigation and registration of industrial accidents and occupational diseases as well as to the fact that the information reflecting the results of this activity is published in the mass media. The Government is requested to supply with its next report examples and copies of such publications.

Article 11(f). Introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the health of workers. The Government is requested to indicate the measures taken to introduce systems for the examination of the effect of chemical, physical and biological agents on workers’ health.

Article 12(c). Studies and researches necessary to ensure that machinery and equipment, when correctly designed, manufactured and installed do not entail dangers for the safety and health of those using it correctly. The Committee notes a lack of information on measures to give effect to this provision and requests the Government to provide information on studies or researches undertaken in this respect.

Article 17. Collaboration in complying with the requirements of the Convention when two or more undertakings engage in activities simultaneously at one workplace. The Committee notes the Government’s reference to the building codes and rules establishing specific obligations with respect to organizations whenever works are carried out at a construction site. The Government is requested to indicate any general legislative or other provision whereby undertakings in the circumstances specified in this Article are required to collaborate in applying the relevant rules on occupational safety and health.

Article 18. Measures to deal with emergencies, accidents and first-aid arrangements. The Committee notes the Government’s reference to the Regulations on the Investigation and Registration of Industrial Accidents and Occupational Diseases No. 60/170 of 17 May 1999 and to the Regulations on the Procedure of Holding a Technical Inquiry into the Causes of Industrial Accidents and Incidents at Hazardous Production Facilities, approved by the Ministry of Emergency Situations of 28 June 2000 as instruments giving effect to this Article. The Government is requested to supply with its next report copies of the above texts.

Article 19(d). Arrangements at the level of undertakings to train workers’ representatives. The Committee notes that article 226, subparagraph 9, of the Labour Code establishes the employers’ obligation to ensure training (instruction), briefing, upgrading and examination of knowledge of workers on labour protection issues. While this provision of the Convention provides that the relevant arrangements also should be made in relation to workers’ representatives at the level of undertaking, the Government is requested to indicate whether the employers’ obligation on this regard also includes the workers’ representatives.