On the ratification of the International Labour Organization (ILO) Convention No. 148 of 1977 "On the Protection of Workers from Occupational Risks Caused by Air Pollution, Noise and Vibration in the Workplace"

Home / RLA / On the ratification of the International Labour Organization (ILO) Convention No. 148 of 1977 "On the Protection of Workers from Occupational Risks Caused by Air Pollution, Noise and Vibration in the Workplace"

On the ratification of the International Labour Organization (ILO) Convention No. 148 of 1977 "On the Protection of Workers from Occupational Risks Caused by Air Pollution, Noise and Vibration in the Workplace"

The Law of the Republic of Kazakhstan dated 26.06.96 N 10-I

To ratify the International Labour Organization (ILO) Convention No. 148 of 1977 "On the Protection of Workers from Occupational Risks Caused by Air Pollution, Noise and Vibration in the Workplace."

The President of the Republic of Kazakhstan application

Convention on the Protection of Workers from Occupational Risks Caused by Air Pollution, Noise and Vibration in the Workplace

The General Conference of the International Labour Organization, convened in Geneva by the Governing Body of the International Labour Office and meeting on 1 June 1977 for its sixty-third session, noting the provisions of relevant international conventions and recommendations, in particular: the 1953 Recommendations on Workers' Health; the 1959 Recommendations on Health Services in the Enterprise; the 1960 Conventions and Recommendations on radiation Protection; Conventions and Recommendations of 1963 on the Provision of Protective Devices for Machinery; 1964 Convention on Occupational Injury Benefits; 1964 Convention and Recommendations on Hygiene in Trade and Institutions; 1971 Convention and Recommendations on Benzene; The 1974 Convention and Recommendations on Occupational Cancers, having decided to adopt a number of proposals on the issue of the working environment: air pollution, noise and vibration, which is the fourth item on the agenda of the session, having decided to give these proposals the form of an international convention, adopts this twentieth day of June one thousand nine hundred and seventy-seventh the following Convention, which may be referred to as The 1977 Convention on the Working Environment (Air Pollution, Noise and Vibration):  

Section I. Scope and definitions

Article 1 1. This Convention applies to all branches of economic activity. 2. A Member that ratifies this Convention may, after consultation with interested representative organizations of entrepreneurs and workers, where such exist, exclude from the scope of application of this Convention certain branches of economic activity in respect of which its application causes special problems of a significant nature. 3. Each Member ratifying this Convention shall, in the first report on the application of the Convention submitted in accordance with Article 22 of the Constitution of the International Labour Organization, list the industries that could be excluded in accordance with paragraph 2 of this Article, indicating the reasons for such exclusion, and in subsequent reports shall report on the status of its legislation and practice in relation to excluded industries, as well as the extent to which the Convention has been implemented or is expected to be implemented in relation to such industries.

Article 2 1. Each Member of the Organization may, after consultation with representative organizations of entrepreneurs and workers, where they exist, accept the obligations provided for in this Convention separately with respect to: (a) air pollution; (b) noise; (c) vibration. 2. A Member that does not commit itself to this Convention with respect to one or more risk categories shall so indicate in its instrument of ratification and substantiate this in the first report on the application of this Convention submitted in accordance with Article 22 of the ILO Constitution; it shall indicate in subsequent reports on the status of its legislation and practice with respect to the excluded category or risk categories, as well as the extent to which the Convention is being implemented or is expected to be implemented in relation to each such risk category. 3. Each Member which, upon ratification, has not accepted the obligations provided for in this Convention in respect of all risk categories, shall subsequently, when it considers that circumstances permit it, inform the Director-General of the International Labour Office that it accepts the obligations provided for in this Convention in respect of one or more previously excluded categories.  

Article 3 For the purposes of this Convention: (a) The term "air pollution" covers any air pollution by substances, regardless of their physical condition, that are harmful to health or otherwise dangerous; (b) The term "noise" covers any sound that may cause hearing loss or be harmful to health or otherwise dangerous.(c) The term "vibration" encompasses any vibration transmitted to the human body by solids that is harmful to health or otherwise dangerous.

Section II. General provisions

Article 4 1. National legislation prescribes that measures should be taken to prevent and limit occupational risks caused by air pollution, noise and vibration in the workplace, as well as to protect against these risks. 2. Provisions regarding the practical application of such prescribed measures may be adopted by means of technical standards, codes of practice or other appropriate methods.

Article 5 1. In applying the provisions of this Convention, the competent authority shall act in consultation with the most representative organizations of employers and workers concerned. 2. Representatives of entrepreneurs and workers are involved in the development of provisions on the practical application of the measures prescribed in accordance with Article 4.3. The closest possible cooperation at all levels between employers and workers is envisaged with regard to the application of the measures prescribed in accordance with this Convention. 4. Representatives of entrepreneurs and workers of the enterprise shall be given the opportunity to accompany inspectors when they monitor the application of the measures prescribed in accordance with this Convention, if, in the opinion of the inspectors, in the light of the general instructions of the competent authority, this does not prejudice the effectiveness of their control.  

Article 6 1. Entrepreneurs are responsible for applying the prescribed measures. 2. If several entrepreneurs simultaneously carry out activities at the same workplace, they are obliged to cooperate in order to apply the prescribed measures, without prejudice to the responsibility of each entrepreneur for the health and safety of their workers. In appropriate circumstances, the competent authority prescribes general procedures for such cooperation.  

Article 7 1. Workers are required to comply with safety regulations aimed at preventing and limiting occupational risks caused by air pollution, noise and vibration in the workplace, as well as protection against them. 2. Workers or their representatives have the right to make suggestions, receive information and professional training, and contact the appropriate authorities to ensure protection from occupational risks caused by air pollution, noise and vibration in the workplace.

Section III. Preventive and protective measures

Article 8 1. The competent authority shall establish categories that make it possible to determine the risk of harmful effects of air pollution, noise and vibration in the workplace and, if necessary, indicate the permissible exposure levels based on these criteria. 2. When developing such criteria and establishing acceptable levels of exposure, the competent authority takes into account the opinion of technically competent persons appointed by the most representative interested organizations of entrepreneurs and workers. 3. These criteria and acceptable exposure levels are regularly established, supplemented and reviewed in the light of current national and international knowledge and data, taking into account, as far as possible, any increase in occupational risk as a result of simultaneous exposure to several harmful factors in the workplace.

Article 9 To the extent possible, any risk caused by air pollution, noise and vibration in the workplace is eliminated: (a) by technical measures applied to new installations or processes during design or construction, or added to existing installations or processes; or, if this is not possible, (b) by additional organizational measures.  

Article 10 If the measures taken pursuant to article 9 do not lead to a reduction in air pollution, noise and vibration in the workplace to the levels specified in article 8, the employer shall provide workers with appropriate personal protective equipment and maintain them in proper condition. An entrepreneur does not require a worker to perform work without personal protective equipment provided in accordance with this article.  

Article 11 1. The health status of workers who have been or may be exposed to occupational risks caused by air pollution, noise or vibration in the workplace shall be monitored at appropriate intervals under conditions and circumstances determined by the competent authority. Such control includes a preliminary medical examination before being assigned to work and periodic examinations, as determined by the competent authority. 2. The workers concerned shall not incur any costs in connection with the control provided for in paragraph 1 of this article. 3. If the presence of a worker in a workplace where he is exposed to air pollution, noise or vibration is contraindicated from a medical point of view, all measures should be taken to transfer the worker concerned to another suitable place of work in accordance with national practices and conditions or to preserve his income through social insurance measures or any other measures.. 4. The measures taken to implement this Convention shall not adversely affect the rights of workers granted on the basis of legislation on social security or social insurance.

Article 12 The competent authority is notified of the use of processes, substances, mechanisms and equipment determined by the competent authority that expose workers to occupational risks due to air pollution, noise and vibration in the workplace and, if necessary, the competent authority may, under established conditions, allow or prohibit their use.

Article 13 All interested persons: a) receive sufficient and relevant information about potential occupational risks in the workplace due to air pollution, noise and vibration; b) receive sufficient and appropriate instructions regarding the available means of preventing and limiting these risks, as well as protection against these risks.

Article 14 Taking into account national circumstances and resources, measures are being taken to promote research in the field of prevention and limitation of risks caused by air pollution, noise and vibration in the workplace.

Section IY. Application measures  

Article 15 In accordance with the procedure and in circumstances determined by the competent authority, the entrepreneur must appoint a competent person or use the assistance of a competent service outside the enterprise, or a service common to several enterprises, to address issues related to the prevention and control of air pollution, noise and vibration in the workplace.

Article 16 Each Member of the Organization: (a) shall, by law or by any other method in accordance with national practice and conditions, take the necessary measures, including appropriate penalties, to give effect to the provisions of this Convention; (b) shall entrust the relevant inspection services with monitoring the application of the provisions of this Convention or verify that a proper inspection is being carried out. Section Y. Final provisions

Article 17 The official instruments of ratification of this Convention shall be transmitted to the Director-General of the International Labour Office for registration.

Article 18 1. This Convention binds only those Members of the International Labour Organization whose instruments of ratification have been registered by the Director General. 2. It shall enter into force twelve months after the Director General registers the instruments of ratification of the two Members of the Organization. 3. Subsequently, this Convention shall enter into force for each Member of the Organization twelve months after the date of registration of its instrument of ratification.  

Article 19 1. Any Member that has ratified this Convention may, after a period of ten years from the date of its initial entry into force, denounce it as a whole or in respect of one or more of the risk categories specified in Article 2 of this Convention by means of an act of denunciation addressed to and registered by the Director-General of the International Labour Office. The denunciation takes effect one year after the registration of the act of denunciation. 2. Each Member of the Organization that has ratified this Convention, which does not exercise its right of denunciation provided for in this article within one year after the expiration of the ten-year period referred to in the preceding paragraph, shall be bound for a further period of ten years and may subsequently denounce this Convention after the expiration of each ten-year period in accordance with the procedure established in this article.

Article 20 1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all instruments of ratification and denunciation received by him from 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 21 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, full details of all ratifications and denunciations registered by him in accordance with the provisions of the preceding articles.  

Article 22 Whenever 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 decide whether to include in the agenda of the Conference the question of its revision in whole or in part.

Article 23 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 19, the immediate denunciation of this Convention, provided that the new, The revising Convention has entered into force; (b) As 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 in respect of those Members of the Organization that have ratified it but have not ratified the new, revising convention.  

Article 24 The English and French texts of this Convention are equally authentic.  

The Law of the Republic of Kazakhstan dated 26.06.96 N 10-I

President

Republic of Kazakhstan

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