Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Safety and Health in Construction Convention, 1988 (No. 167) - Russian Federation (Ratification: 2018)

Other comments on C167

Direct Request

2022

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The Committee notes the Government’s first report.

Articles 1(3) and 7 of the Convention. Self-employed persons. The Committee notes the Government’s indication in its report that, according to section 212 of the Labour Code, state regulatory requirements for occupational safety and health are binding on legal entities and individuals when conducting any type of activity, including construction, regardless of the form of the contractual relationship. In this respect, it indicates that the legislation of the Russian Federation allows individuals to perform certain types of work without an employment contract (i.e. self-employed workers), including in construction. However, the Committee notes that in the same report the Government indicates that state regulatory requirements for occupational safety and health are fully applicable to workers working in construction, under an employment contract. Furthermore, the Committee notes the information provided by the Government on the occupational safety and health (OSH) obligations of employers. 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 safety and health measures also apply to self-employed persons and to indicate the provisions in the relevant legislation.

Article 8(1)(a) and (b) and (2). Cooperation between two or more employers undertaking activities simultaneously at one construction site. Absence of the principal contractor from the workplace. The Committee notes that according to national legislation (section 20 of the Order No. 883n of 11 December 2020 on approval of the Rules for labour protection during construction, reconstruction and repair), in case of joint activities on a construction site by several employers, each of them shall provide safe working conditions for the workers they employ. The Committee notes, however, an absence of information on provisions which indicate the person responsible for coordinating the prescribed safety and health measures; that provide the possibility of the primary responsible person to nominate another competent person when the first is not present at the site; and that provide for cooperation in OSH between employers (or between self-employed persons) undertaking activities simultaneously at one construction site. The Committee requests the Government to clarify whether, under national legislation, it is the principal contractor, or any other person or body with actual control over, or primary responsibility for overall construction site activities, that is responsible for coordinating the prescribed safety and health measures, in accordance with Article 8(1)(a) of the Convention.The Committee requests the Government to provide information on the measures taken or envisaged to ensure that where the principal contractor, or other person or body with actual control over or primary responsibility for overall construction site activities, is not present at the site, they nominate a competent person or body at the site with the authority and means necessary to ensure on their behalf coordination and compliance with the measures, in accordance with Article 8(1)(b) of the Convention. The Committee further requests the Government to indicate whether national legislation ensures that employers (or self-employed persons) carrying out activities simultaneously at the same construction site are obliged to cooperate in the application of the OSH measures defined in the national legislation in accordance with Article 8(2).

Article 14 (4). Inspection of scaffolds.The Committee takes note of the legislation provided by the Government which provides for the inspection of scaffolds before the commencement of their use. It requests the Government to provide further information on measures taken or envisaged that ensure that scaffolds are inspected by a competent person after commencement of use, including at periodic intervals or after any alterations or interruption in use.

Article 17(1)(c). Use of plant, machinery, equipment and hand tools. The Government indicates that safety requirements for devices, mechanisms and equipment, including hand tools used in construction work, as well as design requirements thereof, are defined by the technical regulations of the Customs Union on Machinery and Equipment Safety, approved by Decision of the Customs Union Commission No. 823 of 18 October 2011. It also refers to the Occupational Safety Rules when Working with Tools and Devices, approved by Order of the Ministry of Labour and Social Protection of Russia No. 552n of 17 August 2015. The Committee requests the Government to provide a copy of the technical regulations and Order No. 552n.The Committee also requests the Government to indicate the measures taken or envisaged to give effect to Article 17(1)(c) concerning the exclusive use of plant, machinery, equipment and hand tools for work for which they have been designed unless a use outside the initial design purposes has been assessed by a competent person who has concluded that such use is safe.

Article 19(e). Excavations, shafts, earthworks, underground works and tunnels. Appropriate investigations to locate circulation of fluids or the presence of pockets of gas. The Committee notes that the Government’s report does not contain information on the application of Article 19(e) which requires that adequate precautions be taken in any excavation, shaft, earthworks, underground works or tunnel, to avoid risk to workers arising from possible underground dangers, such as the circulation of fluids or the presence of pockets of gas, by undertaking appropriate investigations to locate them. The Committee requests the Government to provide information on the measures taken or envisaged to give full effect to Article 19(e) with regard to appropriate investigations to locate underground dangers.

Article 20. Cofferdams and caissons. The Government refers to the Safety Rules for the Construction of Underground Structures, PB 03-428-02, approved by Decree of the Federal Mining and Industrial Inspectorate of Russia No. 49 of 2 November 2001 and the Occupational Safety Rules during Compressed-Air Work (Caisson Work), approved by the Ministry of Transport and Construction of the USSR on 4 January 1980. The Committee requests the Government to indicate the measures that give effect to Article 20(1) of the Convention by ensuring thatcofferdams and caissons shall be of good construction and suitable and sound material; of adequate strength; and provided with adequate means for workers to reach safety in the event of an inrush of water or material. The Committee also requests the Government to indicate the measures taken to ensure that the construction, positioning, modification or dismantling of a cofferdam or caisson shall take place only under the immediate supervision of a competent person, in accordance with Article 20(2) of the Convention.Lastly, the Committee requests the Government to indicate the measures taken to ensure that every cofferdam and caisson shall be inspected by a competent person at prescribed intervals, in accordance with Article 20(3) of the Convention.

Article 21. Work in compressed air. The Committee requests the Government to provide a copy of the Order of the Ministry of Health and Social Development of Russia No. 302n of 12 April 2011 on Approval of the Lists of Harmful or Hazardous Production Factors and Jobs, during which Compulsory Preliminary and Periodic Medical Examinations shall be Conducted, and the Procedure for Conducting Compulsory Preliminary and Periodic Medical Examinations of Workers Engaged in Heavy Work and in Jobs with Harmful or Hazardous Working Conditions.

Article 22. Structural frames and formwork. The Committee requests the Government to indicate the national legislation that gives effect to Article 22 to ensure that: (i) work on structural frames and formwork is carried out only under the supervision of a competent person; (ii) adequate precautions are taken to guard against danger to workers arising from any temporary state of weakness or instability of a structure; and (iii) formwork, falsework and shoring shall be so designed, constructed and maintained that it will safely support all loads that may be imposed on it.

Article 28(4). Waste disposal.The Committee requests the Government to provide information on the measures taken or envisaged to ensure that waste is not destroyed or otherwise disposed of on a construction site in a manner which is liable to be injurious to health.

Article 32(3). Provision of separate sanitary and washing facilities. The Committee notes the information provided by the Government on the requirement to provide hygienic and sanitary devices, toilets, washbasins, drinking water installations, and rooms for employees to dry wet clothes and stay in during adverse weather conditions. However, the Committee notes an absence of information on measures to give effect to Article 32(3). The Committee requests the Government to indicate the measures taken or envisaged to ensure that separate sanitary and washing facilities for men and women workers are provided, in accordance with Article 32(3) of the Convention.

Article 34. Reporting of accidents and diseases and application of the Convention in practice. The Committee recalls that, for a number of years, it has been requesting the Government to provide information on any legislative changes establishing the systematic notification of the labour inspectorate of cases of occupational diseases under the Labour Inspection Convention, 1947 (No. 81). It also recalls that under national legislation, employers are only required to inform the Inspectorate of group industrial accidents, serious industrial accidents or fatal industrial accidents. Referring to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to provide information on any measures taken or envisaged to establish a procedure which will ensure that the labour inspectorate is notified of all types of industrial accidents and cases of occupational diseases which occur in the construction industry. The Committee also requests the Government to provide statistical information related to occupational safety and health in the construction sector, including the number of recorded occupational accidents and cases of occupational diseases in the sector.