On the ratification of the Convention of the International Labour Organization (ILO) No. 155 of 1981 "On Occupational Safety and Health and the Working Environment"

Home / RLA / On the ratification of the Convention of the International Labour Organization (ILO) No. 155 of 1981 "On Occupational Safety and Health and the Working Environment"

Law of the Republic of Kazakhstan dated June 13, 1996 No. 7-1

To ratify the Convention of the International Labour Organization (ILO) No. 155 of 1981 "On Occupational Safety and Health and the industrial environment".

President

Republic of Kazakhstan

application

Convention No. 155

on occupational safety and health and

production environment*

(the text is unofficial) The General Conference of the International Labour Organization, convened in Geneva by the Governing Body of the International Labour Office and meeting on 3 June 1981 for its 67th session, having decided to adopt a number of proposals on occupational safety and health and the working environment, which is item six of the agenda of the session, having decided to give these proposals the form of an international convention, adopts on 22 June 1981 The following Convention, which will be called the Occupational Safety and Health Convention, 1981.  

Section I. Scope and definitions

Article 1

1. This Convention applies to all branches of economic activity. 2. A Member ratifying this Convention may, after consulting, as far as possible at an earlier stage, with interested representative organizations of entrepreneurs and workers, exclude, partially or completely, from the scope of its application certain branches of economic activity, such as maritime navigation or fishing, in respect of which special problems arise. 3. Each Member ratifying this Convention, in its first report on its application submitted in accordance with Article 22 of the Constitution of the International Labour Organization, shall list the individual categories of workers who may be excluded in accordance with paragraph 2 of this article, setting out the reasons for such exclusion and indicating the measures taken to ensure adequate protection of workers in excluded industries., and reports in subsequent reports on any expansion of the scope of application.

Article 2

1. This Convention applies to all workers working in the branches of economic activity to which its provisions apply. 2. A Member ratifying this Convention may, after consulting, as far as possible at an earlier stage, with interested representative organizations of entrepreneurs and workers, exclude, partially or completely, from the scope of its application certain categories of workers in respect of whom special difficulties arise. 3. Each Member ratifying this Convention, in its first report on its application submitted in accordance with Article 22 of the Constitution of the International Labour Organization, shall list the individual categories of workers who may be excluded in accordance with paragraph 2 of this article, setting out the reasons for such exclusion, and in its subsequent reports shall indicate any expansion of the scope of application..

Article 3  

For the purposes of this Convention:

a) the term "branches of economic activity" includes all branches where workers are employed, including the civil service;  

(b) The term "workers" applies to all employees, including those employed in the public sector;

(c) The term "workplace" means all places where workers need to be or where they need to go in connection with their work, and which are directly or indirectly under the control of the employer;  

(d) The term "rules" includes all provisions to which the competent authority or authorities have given effect by law;

(e) The term "health" in relation to work does not only mean the absence of illness or infirmity; it also includes physical and mental elements affecting health that are directly relevant to occupational safety and health.

Section II. Principles of national policy  

Article 4

1. Each Member of the Organization, in accordance with national conditions and practices and in consultation with the most representative organizations of entrepreneurs and workers, develops, implements and periodically reviews an agreed national policy in the field of occupational safety, occupational health and the working environment.

2. The purpose of such a policy is to prevent accidents and health damage resulting from, during, or related to work, minimizing, as far as reasonably and practically feasible, the causes of hazards inherent in the work environment.

Article 5

When implementing the policies provided for in article 4 of this Convention, the following main areas of activity shall be taken into account, to the extent that they have an impact on occupational safety and health and the working environment:  

a) development, testing, selection, replacement, installation, placement, use and maintenance of the material elements of labor (workplaces, production environment, tools, mechanisms and equipment, chemical, physical and biological substances and agents, labor processes); b) the relationship between the material elements of labor and the persons who perform the work or They control it, as well as the adaptation of mechanisms, equipment, working hours, labor organization and labor processes to the physical and mental properties of workers.;  

(c) Professional training, including the necessary follow-up training, qualifications and incentives for persons engaged in a particular capacity to ensure an appropriate level of occupational safety and health;  

(d) Communication and cooperation at the level of the working group and the enterprise and at any other appropriate level up to and including the national level;

(e) The protection of workers and their representatives from disciplinary action as a result of appropriate actions taken by them in accordance with the policy referred to in article 4 of this Convention.

Article 6

When developing the policy provided for in article 4 of this Convention, the relevant functions and responsibilities of public authorities, entrepreneurs, workers and other persons in the field of occupational safety and health shall be indicated, taking into account both the subsidiary nature of such duties and national conditions and practices.

Article 7

The situation in the field of occupational safety and health and the working environment is reviewed at the appropriate time, in full or only certain aspects, in order to identify the main problems, identify effective methods for solving them and prioritize measures, as well as evaluate the results.  

Section III. Activities at the national level  

Article 8

Each Member of the Organization, through legislation or regulations or in any other way appropriate to national circumstances and practices, and in consultation with the representative organizations of entrepreneurs and workers concerned, shall take the necessary measures to implement the provisions of article 4 of this Convention.

Article 9

1. The enforcement of legislation and regulations on occupational safety and health and the work environment is ensured by a proper and appropriate inspection system. 2. The enforcement control system provides for the adoption of appropriate sanctions in case of violations of legislation and regulations.

Article 10

Measures are being taken to advise entrepreneurs and workers to assist them in fulfilling their legal obligations.

Article 11  

In order to implement the policy provided for in Article 4 of this Convention, the competent authority or authorities shall ensure that the following functions are progressively performed: (a) Determining, if the nature and degree of hazards so require, the conditions governing the design, construction and layout of enterprises, their commissioning, significant conversion and modification of their purpose, as well as safety the technical equipment used during operation, and the application of procedures established by the competent authorities; (b) The identification of production processes, substances and agents with which contact must be prohibited, restricted or made subject to the authorization or control of the competent authority or authorities; the health hazards resulting from simultaneous contact with several substances or agents are taken into account; (c) The establishment and application of procedures for the notification of occupational accidents and diseases by entrepreneurs and, where appropriate, insurance institutions and other directly interested bodies or persons, as well as the provision of annual statistical data on occupational accidents and diseases; (d) Conducting investigations when industrial accidents, occupational diseases or any damage to health that occur during or in connection with work indicate a serious situation.; (e) The annual publication of information on measures taken, in accordance with the policy referred to in article 4 of this Convention, on occupational accidents, occupational diseases and all other health injuries occurring during or in connection with work; (f) The application and expansion, taking into account national circumstances and capabilities, of systems for the study of occupational diseases; chemical, physical or biological agents in terms of danger to workers' health.

Article 12

In accordance with national legislation and practice, measures are taken to ensure that persons involved in the development, manufacture, import, supply or transfer of machinery, equipment or substances for professional use: (a) Ensure, to the extent justified and practicable, that the machinery, equipment or substances do not pose a threat safety and health of persons who use them correctly; (b) Provided information on the proper installation and use of machinery and equipment, as well as on the proper use of substances, and on the hazards associated with the use of machinery and equipment, and on the harmful properties of chemicals, physical or biological agents or products, as well as instructions on how to avoid known hazards; (c) Conducted study and research, or in any other way, monitored the development of scientific and technical knowledge necessary to comply with the provisions of paragraphs (a) and (b) of this article.

Article 13

A worker who has left his job and who had sufficient grounds to believe that it poses an immediate and serious danger to his life or health is protected from unjustified consequences in accordance with national conditions and practices.

Article 14

In accordance with national circumstances and practices, measures are being taken to promote the integration of occupational safety and health and the work environment into education and training programmes at all levels, including higher technical, medical and vocational education programmes, in order to meet the training needs of all workers.

Article 15

1. In order to ensure the coherence of the policy referred to in Article 4 and the measures to implement it, each Member of the Organization, in consultation as early as possible with the most representative organizations of entrepreneurs and workers, as well as, if necessary, with other bodies, shall take measures appropriate to national conditions and practices to ensure the necessary coordination between the various bodies and organizations authorized to implement the provisions of sections II and III of this Convention. 2. These measures include the establishment of a central authority, if circumstances so require and national conditions and practice permit.  

Section IY. Enterprise-level events  

Article 16

1. Entrepreneurs should ensure, as far as reasonably and practically feasible, that workplaces, mechanisms, equipment and processes under their control are safe and do not endanger health. 2. Entrepreneurs should ensure, to the extent reasonably and practically feasible, that the chemical, biological and physical substances and agents under their control are safe for health when appropriate protective measures are taken. 3. Entrepreneurs should, if necessary, provide appropriate protective clothing and equipment to prevent, as far as reasonably and practically feasible, accidents or harmful health consequences.

Article 17  

In cases where two or more enterprises simultaneously operate at the same place of work, they shall cooperate in the application of the provisions of this Convention.

Article 18  

Entrepreneurs should, when necessary, take measures in case of emergencies and accidents at work, including appropriate first aid measures.

Article 19  

At the enterprise level, measures are taken according to which: a) workers cooperate with the entrepreneur in the performance of their work in order to fulfill the duties assigned to him by the latter; b) workers' representatives at the enterprise cooperate with the entrepreneur in the field of occupational safety and health; (c) Workers' representatives at the enterprise receive appropriate information about the measures taken by the entrepreneur to ensure their safety and health and may consult with their representative organizations on such information, provided that trade secrets are not disclosed; (d) Workers and their representatives at the enterprise receive appropriate training in occupational safety and health; (e) Workers or their representatives or their representative organizations in the enterprise are authorized, in accordance with their national legislation and practice, to consider all aspects of occupational safety and health related to their work, and entrepreneurs advise them on these aspects; for this purpose, by mutual agreement, freelance technical advisers may be invited to the enterprise; (f) An employee shall immediately notify his immediate supervisor of any situation about which he has sufficient reason to believe that it poses an immediate and serious threat to his life or health; until the employer, if necessary, has taken measures to eliminate it, he may not require the workers to resume work., where there is still an immediate and serious danger to life or health.

Article 20  

Cooperation between entrepreneurs and workers and/or their representatives in an enterprise is the main element of organizational and other measures taken in compliance with the provisions of articles 16-19 of this Convention.  

Article 21

Workers do not incur any expenses related to occupational safety and health measures.  

Section Y. Final provisions  

Article 22

This Convention does not revise any existing international conventions or recommendations on labor.  

Article 23

The official instruments of ratification of this Convention shall be sent to the Director General of the International Labour Office for registration.

Article 24

1. This Convention shall be binding only on those members of the International Labour Organization whose instruments of ratification have been registered by the Director General. 2. It will enter into force twelve months after the date of registration by the Director General of the instruments of ratification of the two Members of the Organization. 3. Subsequently, this Convention will enter into force for each Member of the Organization twelve months after the date of registration of its instrument of ratification.  

Article 25

1. Any Member that has ratified this Convention may, after ten years from the date of its initial entry into force, denounce it by a declaration of denunciation addressed to and registered by the Director-General of the International Labour Office. Denunciations come into force one year after the date of registration of the application for denunciation. 2. For each Member of the Organization that has ratified this Convention and has not exercised the right of denunciation provided for in this article within one year of the expiration of the ten years specified in the preceding paragraph. The Convention will remain in force for the next ten years, and thereafter he will be able to denounce it at the end of each decade in accordance with the procedure provided for in this article.  

Article 26

1. The Director-General of the International Labour Office shall notify all members of the International Labour Organization of the registration of all ratifications and denunciations sent to him by the members of the Organization. 2. In notifying the Members of the Organization of the registration of the second instrument of ratification received by him, the Director General shall draw their attention to the date of entry into force of this Convention.

Article 27

The Director-General of the International Labour Office shall transmit to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, comprehensive information on all ratifications and declarations of denunciation registered by him in accordance with the provisions of the preceding articles.  

Article 28 In cases where the Governing Body of the International Labour Office considers it necessary, it shall submit to the General Conference a report on the application of this Convention and consider the desirability of including in the agenda of the Conference the issue of its revision in whole or in part.

Article 29

1. In the event that the Conference adopts a new convention revising this Convention in whole or in part, and unless the new convention provides otherwise, then: (a) The ratification by any Member of the Organization of the new revising Convention shall automatically entail, regardless of the provisions of article 25, the immediate denunciation of this Convention, subject to entry into force b) from the date of entry into force of the new revising Convention, this Convention shall be closed for ratification by the Members of the Organization.

2. In any case, this Convention remains in force in form and content for those Members of the Organization who have ratified it but have not ratified the revising Convention.

Article 30

The English and French texts of this Convention are equally authentic.

President

Republic of Kazakhstan

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