National Programme on the Improvement of Occupational Safety and Health Conditions, the Government of MongoliaDecember 1997 |
Adopted by the Government, Resolution No.257 on December, 1997
One. Justification and priority issues for the Programme
Mongolia is the country implementing tasks aiming at creation of multi-structural economy in accordance with the common approach and tendency of the global development. As of the present situation, 769,6 thousand people are engaged, in an approximate number of 30 thousand economic entities and organizations operating in the field of creating material wealth. Privatization process has been carried out in conformity with the certain programme and as a result of emerging a owner of a property the Government's role and type of intervention in activities of economic entities have been considerably changed. In this connection, there have been occurring changes in property and labour relations. During this transition period to a market economy, a private property sector has been newly established. The new labour relations are based on relations of legislative bodies having mutually equal rights and merely 14,2 percent concluded collective agreement, 75 percent labour regulations and 57,1 percent concluded a contract of employment among economic entities covered in the 1997 State Survey. As seen from the fact that economic entities and organizations are not meeting the requirements in respect of labour regulations in this situation.
In connection with the growing demand in overseas materials, raw materials and chemical substances import of advanced technique and introduction of new technology is currently being increased. Almost 10270 (in duplicate figure) items of chemical substances are being used in industries and economic entities covered in the State Survey, and evaporation rate of chemical substances is high than allowed by the occupational health standards in 39,5 per cent of workplaces using chemical substances. There are no regulations and rules existing in regard of import, transportation, storage and use of chemical substances in economic entities and organizations, and activities on registration and inspection upon their utilization are not being undertaken. It has been detected that 37,5 percent of workplaces, at which flammable and explosive chemicals are used, own no adequate storage place, and 22,4 percent have no any utilization instructions and rules.
In the present situation when industrial and labour management, organization and inspecting system are abolished and legislative basis for new social relations is not yet created. it is expected that violations of and non-abidance with labour law, rules, regulations and standards on Occupational Safety and Health and incidence of health damage, industrial accident and occupational diseases are likely be to increased. At the present, it is impossible to carry out the related activities to the appropriate extent due to lack of professional staff dealing with occupational safety and health management and inspection, insufficiency of measuring tools at workplace, and obsolete state of laboratory equipment for conducting research works and investigations. Therefore. it emerges as confronted task to strengthen material basis of laboratories in organizations dealing with inspection upon working conditions, to undertake surveys and research works and to create occupational safety and health database network.
Starting from 1990 Tripartite Agreement on Social Consensus has begun to be concluded between the Government. Workers' and Employers' organizations, thus having created a new mechanism for addressing and solving the urgent issues concerning labour relations, with inclusion of occupational safety in the new situation.
Nowadays it becomes common that safety activities are getting worse as a result of abolishing occupational safety and health services and officials in the central and provincial level during the recent years.
1997 State survey on definition of occupational safety and health level has evidenced that 18,7 percent of the total number of workers work under inappropriate conditions with inclusion of 58,8 percent in energy, 47,1 percent in mining, 22,6 percent in construction and 19,1 percent in transportation respectively.
It is a fact that 65,6 per cent of equipment being used in economic entities and enterprises have been operated for more than 10 years and no longer meet technological requirements, and according to unofficial data, in the last 3 years there have been 832 incidences of industrial accident in 8,4 per cent or 417 economic entities, having affected a total number of 866 people with inclusion of 56 cases of death, 59-of disability and 810 - of temporary loosing of working abilities. Amongst industrial accidents 71,9 per cent have occurred in the fields of mining, light and food industry, energy, construction and transportation. In 1996 the number of people affected by industrial accidents is more than by 1,3 times and death cases are more than by 3,2 times as compared to 1994.
Preventive measures are insufficient on complete determination of causes, conditions and of damage amount, and liability machinery for guilty people is still weak. It is necessary to adopt a new regulation in respect of investigating of and registration of incidences of industrial accident and acute poisoning.
Activities are not carried out to the satisfied extent to protect worker' health and to prevent from occupational diseases. Amongst economic entities and enterprises covered in the survey just 5,6 percent have shopfloor and emergency doctors, 8,7 percent work on a contract with some medical organizations and in merely 36,7 percent workers are covered in a medical examination at the initial stage of their employment.
In 1994, cases of occupational disease rate grew by 16,5 percent compared to 1996.
As a result of considering occupational diseases by causes chronic bronchitis took place 57,4 percent, pneumoconiosis - 18,7 percent, mental disorders - 6,1 percent and poisoning by chemical substances - 8,2 percent respectively. It should be effective if results of activities to improve working conditions to be considered in close relation with the aim to reduce occupational diseases and industrial accidents.
An approximate percentage of 14,0 workers of economic entities and organizations are not supplied with special and protective clothing, most of which are out of use due to inadequate quality. At the state level, activities of abidance by standards on workcloth and protective facilities, and on adoption of the list of safety conditions consistent with the working conditions are not coming up with actual requirements. The above problem should be addressed and solved in the way of improving the situation by setting up of factories and sections to produce workcloth by the economic entities and by putting into operation of shopfloors to deal with cleaning and repairing.
Two. Purpose and Objectives of the Programme
I. Programme Purpose is laid in implementing the Constitutional provisions enshrining rights of a citizen to live in a healthy and safe environment and be provided for favorable working conditions; in determining occupational safety and health policy and action direction; ensuring normal working conditions at workplace, as well as in reducing the cases of occupational diseases and industrial accident.
II. Objectives of the Programme
Three. Measures on improvement of occupational safety and health conditions
I. Measures to be taken by the Government
II. Measures to he taken by the state central administrative organizations:
The Ministry of Health and Social Welfare:
| Convention concerning Labour Inspection, No.81, 1947 | |
| Convention concerning Labour Administration, No.150, 1978 | |
| Convention concerning Safety in the Use of Chemicals at Work, No.170, 1990 |
The Ministry of Finance:
| expand laboratories to conduct measuring and research works for negative labour factors | |
| provide labour and labour hygiene inspectors for measuring equipment | |
| Strengthen the National Occupational Safety and Health Information Centre and connect to internal and external network | |
| Organize training and seminars to prepare and upgrade Occupational Safety and Health personnel, publish manuals and reference materials |
The Ministry of Enlightenment:
Enroll labour and labour hygiene inspectors in post-diploma training
Make alterations and amendments in occupational safety and health training curriculum of universitites and institutes preparing industrial, technical and medical specialists, re-equip cabinets and laboratories, and take measures to provide for the latest sophisticated equipment and material basis to be required for occupational safety, health and primary medical training. Conduct scientific and research works on the above subjects.
Increase amount of hours for subject like earlier diagnosing of occupational diseases, diagnosing and treating in the curriculum of the State Medical University, and specialize doctors in the above subjects
Formulate and implement jointly with the related ministries and professional organizations activities to include in curriculum of secondary schools and kindergartens subjects on prevention from industrial accidents and injuries and acquisition of safety methods and primary knowledge.
The Ministry of Infrastructure Development and the Ministry of Agriculture and Industry:
Elaborate with consultation of professional organizations regulation on drafting projects for construction sites for industrial and service purposes and putting them into operation.
Organize workshops and seminars on Occupational Safety and Health reflecting specific features of the sector.
Re-design rules, regulations and guidance being abided by in the sector level.
Ensure guarantee for transporting, lifting and carrying mechanism, pressure vessel and pipelines.
Conduct jointly with professional organizations survey on cases of industrial accidents and occupational disease cases in the sector, and take measures focused for their reduction.
Take technical and organizational measures to ensure safe utilization and operation of electric equipment.
The Ministry of Natural Environment:
Make amendments and alterations in the Law on Protection form Chemical Substances.
Design rules, guidance, and regulations in relation to application of the Law.
The National Centre of Standardization and Measurement:
Carry out surveys jointly with the related organizations on all the standards being abided by in regard of Occupational Safety and Health, plan and implement further activities
Design a regulation on guarantee of Occupational Safety and Health measuring equipment and facilities.
III. Measures to he taken by state administrative inspection organizations.
Re-design rules and regulations as follows:
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IV. Intervention of workers', employers' and nongovernmental organizations.
Workers' organization:
Intensify community, inspection on occupational safety and health, arrange training for workers in assistance with professional organization.
Organize competition amongst economic entities and organizations on " for safe and healthy workplace".
Arrange measures on a step-by-step basis on upgrading knowledge level of occupational safety and health for members on duty in grass-root trade unions, organizations.
Indicate occupational safety and health measures in a collective agreement and ensure their implementation.
Employers' organization:
Organize competition on designing of new models for working clothes specific to certain sector and organization, and arrange measures on establishment of a factory or a section for producing special workcloth and protective facilities by economic entities using its own possibilities or co-operatively.
Design a competition on production of individual protective clothing, and promote small and medium sized enterprises dealing with the production.
Organize fair trade on special workcloth and protective facilities jointly with the trade unions with participation of external and internal organizations interested.
Arrange step-by-step training on occupational safety and health according to a special programme for employers for the purpose of upgrading level of their knowledge and awareness.
Non-governmental organizations:
Mediate in organizing activities to train and upgrade managers, technical engineers and officials dealing with occupational safety and health matters of economic entities in countries with developed market relations.
Design and publish manuals, reminders and brochures on occupational safety and health.
Organize meetings and discussion on occupational safety and health.
Grant for the high merit of "labour safety movement" those managers, technical engineers and state inspectors who worked effectively and initiatively in the matters related to occupational safety and health.
Provide for methodological advice to economic entities in setting up a cabinet to advocate occupational safety and health.
Organize training activities focused on enhancing awareness and knowledge of safety engineers and specialists in economic entities and enterprises.
V. Governor's offices in aimags, cities, sums, and districts
Design and implement subprogrammes and projects of activities to be taken in terms of occupational safety and health in economic entities and enterprises engaged in production with high risk.
Organise training on the matters concerning labour acts, rule, regulations and standards on occupational safety and health for managers of economic entities and enterprises within the area
Address the matters concerning assignment and reassignment of officials (inspectors) dealing with occupational safety and health on the basis with consultation with professional organizations.
VI. Measures to be taken by industries, economic entities and enterprises:
Re-design and ensure application of rules on safe utilization and operation of technique and equipment in conformity with industrial specifies.
Ensure operation of and clarify responsibilities of service official) to deal with occupational safety and health matters under administration of economic entities and enterprises.
Conduct survey on industrial accidents and occupational diseases, and design plan and programme of preventive activities.
Organize jointly with professional organizations activities to give a right to conduct special training for workers in dangerous and heavy working conditions.
Improve access of workers to medical service by acquiring, based on own possibilities, a doctor in shopfloor and section, or by concluding a contract with medical institution.
Ensure safe utilization and operation of all kinds of technique, equipment and lifting and transporting mechanism, and inspect upon quality of their utilization, maintenance and service.
Pay attention in keeping conditions at workplace in the normal level, and provide for facilities to protect from impact of negative industrial factors. Workers shall be granted adequate relieves and incentives as prescribed in legislation.
Ensure conditions in workers' rest-room consistent with healthy and hygienic requirements, and its continuous operation.
Output of the National Programme
It is considered that efficient and qualitative implementation of the above measures and activities shall ensure improvement and changes in the existing level of occupational safety and health as follows:
Legislative basis on occupational safety and health built up
Occupational safety and health management, organization and inspection developed
Working conditions at workplace improved
Safe utilization and operation of equipment-upgraded
Inspection upon storage, transportation and utilization of chemical, explosive and flammable substances strengthened
Quality and provision for special workcloth and protective facilities raised
Training, advocacy, database, survey and research works on Occupational safety and health advanced
Output of the National Programme to Improve Occupational Safety and Health Conditions shall be determined by improving of working conditions and reducing number of cases of industrial accidents and occupational diseases effectiveness of which shall be equal as human life, health and economic losses to have been likely to happen previously.
Management and Funding of the Programme
1. Management and activities of the Programme
The Labour and Social Welfare Inspection Agency shall have a responsibility to execute co-ordination, inspection, evaluation of the Programme in the national level. In the local level, Governors of aimag, cities, districts and sums, as well as sub-branches of the labour and social welfare shall be responsible for the matters.
Also, wide involvement of and assistance from non-governmental organizations shall be considered while implementing the Programme.
The Programme shall be enriched and brought in conformity with current requirements and actual situation, and planning and execution of activities shall be implemented in the national level, administrative territorial unit, sector, economic entity and enterprise ( employer's)
II. Organization responsible for the programme implementation and directions of activities
One. Ministries and state inspection agencies shall take the following responsibilities.
1. State administrative central organization dealing with labour issues:
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2. Sectoral ministries:
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3. State professional inspection organization:
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Two. Responsibilities of employers' and workers' organizations are as follows:
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Three. Governors of aimags, capital city, district and sum shall have the following responsibilities:
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Four. Economic entities and individuals shall take responsibilities as follows:
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II. Funding of the Programme
Financial assistance is inevitably required for implementing the measures reflected in the Programme, particularly, for strengthening laboratory to determine working conditions, and vocational inspection service, upgrading vocational skills of a worker, developing, re-designing, publishing and disseminating standards and norms, as well as for taking preventive measures in regard of occupational safety and health . Funding of the Programme shall be reflected in and implemented in accordance with the certain annual budget.
Updated by PAP/SUT/TRS. Approved by BKL. Last update: 17 January 2001.