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National Programme on the Improvement of Occupational Safety and Health Conditions, the Government of Mongolia

December 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

  1. Create legislative basis for occupational safety and health issues, develop and elaborate legislative acts.
  1. Upgrade vocational skills of officials in the central and local level by developing occupational safety and health management, organization and inspecting system, elaborate scientific basis for determining working conditions by strengthening material basis of laboratories to investigate and research working conditions at workplace.
  2. Enhance participation of trade unions' and employers' organizations in occupational safety and health -related activities.
  3. Create occupational safety and health database network, enrich the database and conduct inspection, training, survey and research activities based upon actual database sources.
  4. Ensure reliable operation of equipment, and follow the principles on carrying out industrial activities using equipment and facilities satisfied with occupational safety and health requirements.
  5. Reduce incidences of industrial accidents, acute poisoning and occupational diseases in the manner of building up favourable occupational safety and health conditions at workplace.
  6. Develop training system to enable management, workers and all the citizens to acquire knowledge in regard of occupational safety and health.
  7. Improve provision for special workcloth and protective facilities satisfactory with standardized requirements protecting from impact of negative factors of working conditions.
  8. Enhance responsibilities of management, economic entities and organizations in the central and local level in ensuring and financing capital sources required for occupational safety and health measures.

Three. Measures on improvement of occupational safety and health conditions

I. Measures to be taken by the Government

  1. Promote participation in activities of the National Tripartite Committee (non-permanent) responsible for formulating and implementing occupational safety and health policy, as well as of its constituent councils.
  1. Renew and re-design the Rule on State Labour Inspection, Rule on investigation and registration of industrial accident and acute poisoning.
  1. Intensify application of occupational safety and health legislative acts.
  1. Widely intervene the state and governmental mass media in advocating the National Programme and in ensuring citizens' provision for occupational safety and health information.

II. Measures to he taken by the state central administrative organizations:

The Ministry of Health and Social Welfare:

  1. Investigate the possibilities to ratify the following ILO Conventions:
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
  1. Activities shall be carried out application of the provisions of the ILO Convention No.155 concerning Occupational Safety and Health and Industrial Environment, 1981
  2. Develop legislative relations in respect of occupational safety and health and make amendments and alterations in the legislation as the case requires.
  3. Re-design and develop occupational safety and health-related rules, regulations, guidance and methodology.
  4. Set tip concrete management and inspection system in terms of territorial level for state organizations and their units in charge of labour issues, and promote legislative co-ordination of their activities.
  5. Organize seminars, forums and workshops at the state, regional and sectoral level, as well as international symposiums and scientific conferences in respect of priority issues on occupational safety and health.
  6. Implement activities on a step-by-step basis focused on provision for the latest sophisticated equipment and other facilities and on earlier diagnosing of occupational diseases.
  7. Re-design the Regulation concerning granting compensation for those workers who temporarily lost working abilities due to industrial accident.
  8. Strengthen labour inspection services in terms of personnel and material basis.
  9. Promote co-operation with the international organizations in the field of improving occupational safety and health conditions and strengthening material basis
  10. Ensure occupational safety and health requirements and standards and set up a system encouraging economic entities and organizations operating without incidence of industrial accident, acute poisoning and occupational disease for the duration of many years.

The Ministry of Finance:

  1. Render a capital and financial assistance to the following occupational safety and health measures from the state and local budget:
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
  1. Formulate and abide by legislative act on reflection and planning of occupational safety and health -related expenses of state-budgeted organizations in annual budget of the certain year

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:

Rule on organization of occupational safety and health activities in economic entities and enterprises

Regulation on investigation, recording and information of industrial accidents, acute poisoning and occupational diseases

Regulation on temporary and preliminary medical examinations of workers

Regulation on granting of gas water and other substances to those who work in unfavourable working conditions

Issue a certificate to industries, economic entities and enterprises consistent with Occupational Safety and Health requirements

Ensure abidance by labour standards at workplace in economic entities and enterprises, and implement step-by-step measures against engaging an industry in an inadequate accomodation and violations of standards.

Upgrade knowledge and professional skills of occupational safety and health officials and inspectors in aimags and regional level by organizing training and seminars.

Design a diversified programme and organise training to give theoretical and practical knowledge in terms of labour relations legislation, occupational safety and health standards, rules and guidance for employers, managers and employees.

Use manuals, guidance, recommendations and reminders in terms of occupational safety and health developed, and signs published consistent with occupational safety requirement

Ensure application of and strengthen inspection upon the rule on issuance of permission from professional organizations dealing with occupational safety and health in producing, introducing and utilizing the new technique, technology, equipment and protective facilities.

Strengthen a laboratory to conduct measuring of working conditions at workplace in terms of material basis and personnel. Take measures to provide labour and labour hygiene inspectors for measuring equipment.

Strengthen the National Occupational safety and Health Information Centre, expand its activities by continuously updating database and exchanging database with international professional organisations as a result of connecting to internal and external network.

Mass media on occupational safety and health activities, and prevention from industrial accident, acute poisoning and occupational diseases. and provide organizations and citizens for the related information, as well as create effective information system.

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:

Co-ordinate and monitor objectives indicated in the Programme in conformity with short-term or long-term basic directions of socioeconomic development, and ensure their reflection in the Plan of Action and resolutions of the Government.

Inspect upon and make alterations and clarifications in implementation and results of the Programme.

Re-design and develop legislative acts, standards, and norms.

Monitor and strengthen professional inspection organization.

determine occupational safety and health level.

Provide and submit information concerning implementation of the programme to the related organizations.

2. Sectoral ministries:

Inspect, assess and evaluate implementation of the programme, monitor and organize activities in the sector in the national level.

Ensure reflection of capital to be required for activities and achieving objectives indicated in the programme in annual direction of socioeconomic development and state centralized budget.

Determine a policy in the sectoral level, and implement activities.

Cooperate with employers', workers' and non-govenmental organizations in implementing certain projects and measures.

Report before the Government on implementation of the Programme

3. State professional inspection organization:

Provide for professional management, inspect' upon implementation of and evaluate objectives and measures to be implemented in the local (economic entity) level indicated in the Programme, and report before the Ministry of Health and Social Welfare and the National Committee,

Monitor implementation of projects and measures indicated in the Programme

Organise training and seminar concerning implemenation of the Programme

Two. Responsibilities of employers' and workers' organizations are as follows:

Provide their members for recommendations, guidelines and information concerning implementation of objectives and measures indicated in the Programme.

Implement projects and other measures solely or in assistance with territorial unit administration.

Ensure community and internal inspection upon, make information and conduct survey on implementation of the Programme.

Three. Governors of aimags, capital city, district and sum shall have the following responsibilities:

Monitor, inspect, evaluate and report on planning and implementation of activities indicated in the Programme to be taken in the local level.

Reflect in projects and measures, efficiently spend and inspect utilization of capital necessary for removing impact of dangerous and toxic factors

Conduct and provide the related organizations for survey and information concerning implementation of the Programme, organize training on the matters related to implementation of the Programme

Four. Economic entities and individuals shall take responsibilities as follows:

Determine and implement measures indicated in the Programme to be taken in economic entity and enterprise level.

Ensure operation of non-permanent council consisting of employers' and workers' representatives under economic entity and enterprise with a view to inspect upon and evaluate implementation of the Programme,

Guarantee sources by reflecting capital sources to he required for implementing objectives and measures in an annual collective agreement.

 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.