Armenia - 2013

1.1 Description of OSH regulatory framework

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

• 2.2.1 Coverage of particular categories of workers

  Sometimes.
  

  • 2.2.1.1 Migrant workers

    Summary/citation: The capacity (labor legal capacity) to have labour rights and bear responsibilities is equally recognized for all the citizens of the Republic of Armenia. The foreign citizens, persons with no citizenship in the Republic of Armenia, shall have the same labour legal capacity, as the citizens of the Republic of Armenia if not otherwise stipulated by the law.

    Restrictions / obligations: The Labour Code and other legal acts are not applied to the relations between foreign employers and employees not living in the Republic of Armenia permanently despite the fact that employees are doing work with the instruction of employer in the Republic of Armenia.
    

    • Labour Code of 9 November 2004. (Art. 7(5))

  • 2.2.1.2 Domestic workers

    Summary/citation: Employee is the capable citizen that has reached the age defined by this Code who performs certain work for the benefit of employer by certain specialty, qualification or position.

    Remarks / comments: Domestic workers are not explicitly excluded from the definition of worker.

    • Labour Code of 9 November 2004. (Art. 17, Para. 1)

  • 2.2.1.3 Home workers

    Summary/citation: In-house workers are the persons, who on the basis of employment contract do the job at home with materials, tools and equipment provided by the employer or acquired by them.
    In case the in-house worker uses his own tools and equipment, a reimbursement shall be paid for the tools and equipment, in the cases and in the order established by the employment contract.
    The order and periods for the provision of raw material, materials and semi-produced materials to in-house worker, order for the payment for the materials belonging to the in-house worker, transportation of the ready product, as well as order and periods for the payment of the salary will by stipulated by the employment contract.
    This Code regulates the labor relations of the in-house workers.

    • Labour Code of 9 November 2004. (Art. 98)

  • 2.2.1.4 Self-employed persons

    Remarks / comments: Self-employed workers are not included in the definition of worker.

    • Labour Code of 9 November 2004. (Art. 17, Para. 1)

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

• 2.4.1 Agriculture

  Summary/citation: Provisions of labour legislation and other legal acts containing labour norms are to be mandatory exercised by all employers (citizens or organizations) regardless of their organizational and legal and ownership types.
  

  Remarks / comments: The OSH legislation does not exempt any sectors/branches of economic activity.

  • Labour Code of 9 November 2004. (Art. 7(2))

• 2.4.2 Construction

  Summary/citation: Provisions of labour legislation and other legal acts containing labour norms are to be mandatory exercised by all employers (citizens or organizations) regardless of their organizational and legal and ownership types.
  

  Remarks / comments: The OSH legislation does not exempt any sectors/branches of economic activity.

  • Labour Code of 9 November 2004. (Art. 7(2))

• 2.4.3 Services

  Summary/citation: Provisions of labour legislation and other legal acts containing labour norms are to be mandatory exercised by all employers (citizens or organizations) regardless of their organizational and legal and ownership types.

  Remarks / comments: The OSH legislation does not exempt any sectors/branches of economic activity.

  • Labour Code of 9 November 2004. (Art. 7(2))

• 2.4.4 Public sector

  Summary/citation: Working (service) relations of persons holding political, discretionary or civil positions as well as civil servants, other state (special) services defined by the law and local self-governance bodies, as well as employees of the Central Bank of Armenia are regulated by this code if not otherwise defined by the corresponding law.

  • Labour Code of 9 November 2004. (Art. 7(7))

  Related CEACR Comments
  • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Direct Request 2017
  

• 2.4.5 Other

  No data available.
  

  Related CEACR Comments
  • Safety and Health in Mines Convention, 1995 (No. 176) Direct Request 2017
  

2.5 Definition of occupational accident

2.6 Definition of occupational disease

• 2.6.1 List of occupational diseases

  No data available.
  

• 2.6.2 Mechanism for compensating other diseases as occupational ones

  No data available.
  

3.1 Competent national authority for safety and health at work

• 3.1.1 Objectives, roles and/or functions

  No data available.
  

• 3.1.2 Chairperson and composition

  No data available.
  

3.2 National OSH research programme or institute

• 3.2.1 Objectives, roles and/or functions

  No data available.
  

• 3.2.2 Governance board constitution and chairmanship

  No data available.
  

• 3.2.3 Source of funding

  No data available.
  

3.3 National OSH programme

• 3.3.1 Consultation on the national OSH programme

  No data available.
  

4.1 Duty to ensure the health and safety of employees

4.2 Duty to protect the health and safety of people other than their own employees

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

• 4.4.1 Specific hazards for which surveillance is required

  Summary / Citation: There are particular groups of workers that require special health surveillance: minors; workers exposed to occupational risk factors; those who use dangerous carcinogenic substances; those in the food industry, public catering and trading organizations, waterworks, medical and preventive care institutions and children institutions; employees working at night and shift workers.
  The list of professions and activities, for which employees shall undergo compulsory initial and regular medical examination, as well as the procedure of medical examination shall be established by the Government of the Republic of Armenia.
  

  • Labour Code of 9 November 2004. (Art. 249)

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

• 4.8.1 Arrangements for first-aid

  Summary / Citation: Medical points and catering facilities in an undertaking shall be designed in accordance with the requirements for such facilities and taking into account the number of employees.
  In case of accident or outbreak of acute illness at workplace, the employer must provide workers with first medical aid.
  

  • Labour Code of 9 November 2004. (Art. 251 Art. 256)

• 4.8.2 Sanitary installations

  Summary / Citation: In accordance with the procedure established by legal acts and ensuring the safety and health of employees at work, appropriate rest areas, changing rooms, locker rooms for clothes, footwear, and personal protective equipment, sanitary and personal hygiene premises with washbasins, showers, lavatories shall be installed in establishments.
  Sanitary and personal hygiene premises where dangerous substances are used shall be designed in accordance with the specific requirements for the design of such premises. The requirements for the design of such sanitary and personal hygiene premises must be established in legal acts ensuring the safety and health of employees at work taking into account the nature of activities, material used and the number of employees.

  • Labour Code of 9 November 2004. (Art. 251)

• 4.8.3 Drinking water

  No data available.
  

• 4.8.4 Rest and eating areas

  Summary / Citation: In accordance with the procedure established by legal acts and ensuring the safety and health of employees at work, appropriate rest areas, changing rooms, locker rooms for clothes, footwear, and personal protective equipment, sanitary and personal hygiene premises with washbasins, showers and lavatories shall be installed in establishments.

  • Labour Code of 9 November 2004. (Art. 251)

5.1 Elements of an OSH management system

• 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

  Summary/citation: Work must be organized in compliance with the requirements laid down in normative legal acts on safety ad health at work:
  2. On the basis of the principles of ensuring safety and health at work, normative legal acts on safety and health at work, technical documentation of technological processes and work equipment, the plan shall:
  1) assess potential risks to ensuring the safety and health of employees;
  2) manage the Occupational Safety and Health Status Card in the organization. This includes to indicate those workstations, work equipment, working and rest time which are in compliance with the requirements laid down in regulations, as well as the measures for improving the safety and health at work where the level of ensuring the occupational safety and health does not satisfy the requirements;
  3) in conformity with OSH provisions, establish the procedures for monitoring compliance with occupational safety and health requirements in the organization by approving OSH regulations and health services or job instructions of occupational safety specialists, by giving instructions to the heads of subdivisions to implement occupational safety and health measures and to monitor compliance with occupational safety and health requirements;
  4) adopt internal regulations on occupational safety and health (occupational safety and health instructions, rules for the safe performance of works, etc).

  Failure to comply with the requirements stated in OSH regulations, rules for the organisation and performance of works and instructions shall constitute a violation of labor discipline.
  

  • Labour Code of 9 November 2004. (Art. 248)

• 5.1.2 Appointment of a person for health and safety

  Summary/citation: Taking into account the size of the undertaking and level of risks for workers, an employer must hire a qualified occupational safety and health service or shall perform these functions personally. 

  • Labour Code of 9 November 2004. (Art. 243, Para. 2)

• 5.1.3 Written risk assessment

  Summary/citation: Work must be organized in compliance with the requirements laid down in normative legal acts on safety ad health at work:
  2. On the basis of the principles of ensuring safety and health at work, normative legal acts on safety and health at work, technical documentation of technological processes and work equipment, the plan shall:
  1) assess potential risks to ensuring the safety and health of employees;
  2) manage the Occupational Safety and Health Status Card in the organization. This includes to indicate those workstations, work equipment, working and rest time which are in compliance with the requirements laid down in regulations, as well as the measures for improving the safety and health at work where the level of ensuring the occupational safety and health does not satisfy the requirements;
  3) in conformity with OSH provisions, establish the procedures for monitoring compliance with occupational safety and health requirements in the organization by approving OSH regulations and health services or job instructions of occupational safety specialists, by giving instructions to the heads of subdivisions to implement occupational safety and health measures and to monitor compliance with occupational safety and health requirements;
  4) adopt internal regulations on occupational safety and health (occupational safety and health instructions, rules for the safe performance of works, etc).

  • Labour Code of 9 November 2004. (Art. 248)

• 5.1.4 Safe operating work systems and procedures

  Summary/citation: The employer has a duty to ensure normal working conditions so that the workers are able to do their work. These conditions are as follows: 1) due operation of mechanisms, equipment and other means; 2) provision with technical documents in a timely manner; 3) adequate quality and timely provision of materials and tools required for the conduct of the work; 5) working conditions which are secure and harmless for health (adherence to safety norms and rules, adequate lighting, heating, ventilation, ensuring that noise, radiation, vibration and other dangerous factors with negative impact on the health of the worker do not exceed the defined minimum levels); 6) other conditions necessary for performing certain works.
  

  • Labour Code of 9 November 2004. (Art. 244)

• 5.1.5 Training and information on risks

  Summary/citation: The employer cannot require from a worker to begin work in the undertaking if the worker has not been trained and/or instructed in occupational safety and health.
  The employer shall inform and consult workers about all the issues related to the analysis, planning, organization of appropriate measures and control of the safety and health of workers.
  

  • Labour Code of 9 November 2004. (Art. 254, Para. 1, Art. 253)

• 5.1.6 Review or assessment of the results of preventive measures

  Summary/citation: Work must be organized in compliance with the requirements laid down in normative legal acts on safety ad health at work:
  On the basis of the principles of ensuring safety and health at work, normative legal acts on safety and health at work, technical documentation of technological processes and work equipment, the plan shall (...) in conformity with OSH provisions, establish the procedures for monitoring compliance with occupational safety and health requirements in the organization by approving OSH regulations and health services or job instructions of occupational safety specialists, by giving instructions to the heads of subdivisions to implement occupational safety and health measures and to monitor compliance with occupational safety and health requirements.
  

  • Criminal Code of 2003. (Art. 248)

• 5.1.7 Consultation with workers in health and safety

  Summary/citation: The employer shall inform and consult workers about all the issues related to the analysis, planning, organization of appropriate measures and control of the safety and health of workers.

  • Labour Code of 9 November 2004. (Art. 253)

5.2 Obligation to implement a specific OSH management system or standard

6.1 OSH competence

• 6.1.1 Requirement to access expert advice and/or support in health and safety

  Summary / Citation: Taking into account the size of the undertaking and level of risks for workers, an employer must hire a qualified occupational safety and health service or shall perform these functions personally. 

  • Labour Code of 9 November 2004. (Art. 243, Para. 2)

  • 6.1.1.1 Qualifications of experts or professional services

    No data available.
    

6.2 Appointment of an OSH practitioner

• 6.2.1 Workforce size threshold for the appointment of OSH practitioners

  No data available.
  

7.1 Duty to take reasonable steps to protect their own safety and health

7.2 Duty to take reasonable steps to protect the safety and health of others

7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

• 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

  No data available.
  

8.1 National OSH committee, commission, council or similar body

• 8.1.1 Objectives, roles and/or functions

  No data available.
  

• 8.1.2 Constitution and chairmanship modalities

  No data available.
  

8.2 Employers’ duty to consult workers on risks

8.3 Workers’ right to select their representatives for health and safety matters

• 8.3.1 Workforce size conditions for workers’ representation in health and safety

  No data available.
  

• 8.3.2 Conditions of eligibility to represent workers in health and safety

  No data available.
  

8.4 OSH representatives’ functions, rights and powers

• 8.4.1 Right to inspect the workplace

  No data available.
  

• 8.4.2 Right to access OSH information

  Summary / Citation: The employer must inform and consult employees about all the issues related to the analysis and planning of safety and health of employees, and the organization and control of appropriate measures. The employer shall ensure the participation of the trade union in the discussion of issues related to safety and health of employees. The employer may establish a Committee on Safety and Health of Employees whose functions are defined by the Government of the Republic of Armenia.
  The employer shall ensure that any new employee does not commence work until he/she is informed of the existing and potential risk factors in the organization and instructed to work safely at a specific workstation

  • Labour Code of 9 November 2004. (Arts. 253- 254)

• 8.4.3 Right to be present at interviews

  No data available.
  

• 8.4.4 Right to receive professional assistance from OSH experts

  No data available.
  

• 8.4.5 Right to accompany inspectors

  No data available.
  

• 8.4.6 Right to use facilities

  No data available.
  

• 8.4.7 Right to have time off work with pay to perform duties

  No data available.
  

• 8.4.8 Right to issue remedial notices

  No data available.
  

• 8.4.9 Right to resolve OSH issues in consultation with employers

  Summary / Citation: The employer must inform and consult employees about all the issues related to the analysis and planning of safety and health of employees, and the organization and control of appropriate measures. The employer shall ensure the participation of the trade union in the discussion of issues related to safety and health of employees. The employer may establish a Committee on Safety and Health of Employees whose functions are defined by the Government of the Republic of Armenia.

  • Labour Code of 9 November 2004. (Art. 253)

• 8.4.10 Right to direct that dangerous work cease

  No data available.
  

8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace

• 8.5.1 Right to enter the workplace

  No data available.
  

• 8.5.2 Right to investigate suspected non-compliance with OSH legislation

  No data available.
  

• 8.5.3 Right to consult with workers

  No data available.
  

• 8.5.4 Right to advise workers

  No data available.
  

• 8.5.5 Right to initiate enforcement action

  No data available.
  

8.6 Joint OSH Committee

• 8.6.1 Participation of workers’ representatives in joint OSH committee

  No data available.
  

• 8.6.2 Conditions for establishing a joint OSH committee

  No data available.
  

• 8.6.3 Objectives, roles and/or functions of joint OSH committees

  No data available.
  

• 8.6.4 Keeping record of the work of joint OSH committees

  No data available.
  

• 8.6.5 Sharing the minutes of joint OSH committees meetings

  No data available.
  

8.7 Mandatory training for members of joint OSH committee(s)

8.8 Protection against reprisals

8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties

9.1 Biological hazards

9.2 Chemical hazards

• 9.2.1 Handling, storage, labelling and use

  Summary / Citation: In the undertakings, whose production processes involve the use, production, transportation or storage of chemical substances dangerous to human health, employers must establish and implement appropriate measures for safeguarding the health of workers and ensuring the protection of the environment. The package of dangerous chemical substances must have a label warning about their danger. Employees must be trained and instructed to work safely with specific dangerous chemical substances. Workstations must be supplied with collective protective equipment, as well as special systems for monitoring the quantities of these substances in the working environment and for warning employees of danger. Employees must be provided with personal protective equipment.
  

  • Labour Code of 9 November 2004. (Art. 247)

• 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users

  Summary / Citation: The package of dangerous chemical substances must have a label warning about their danger.

  • Labour Code of 9 November 2004. (Art. 247)

• 9.2.3 Pesticides

  No data available.
  

9.3 Ergonomic hazards

9.4 Physical hazards

• 9.4.1 Ionising radiation

  No data available.
  

• 9.4.2 Vibration and noise

  No data available.
  

• 9.4.3 Working at height

  No data available.
  

• 9.4.4 Working in confined spaces

  No data available.
  

• 9.4.5 Risks arising from poor maintenance of workplace facilities

  Summary / Citation: Work must be organized in compliance with the requirements laid down in normative legal acts on safety ad health at work:
  The employer has a duty to ensure normal working conditions so that the workers are able to do their work. These conditions are as follows: 1) due operation of mechanisms, equipment and other means; 2) provision with technical documents in a timely manner; 3) adequate quality and timely provision of materials and tools necessary to carry out the work; 5) safe working conditions (adherence to safety norms and rules, adequate lighting, heating, ventilation, ensuring that noise, radiation, vibration and other dangerous factors with negative impact on the health of the worker do not exceed the defined maximum levels); 6) other conditions necessary for performing certain works.
  

  • Labour Code of 9 November 2004. (Art. 248, Art. 244)

• 9.4.6 Exposure to extreme temperatures

  No data available.
  

• 9.4.7 Fire risks

  Yes.
  

  • Act of the Republic of Armenia on Fire Safety, No. ZR-176 of May 15, 2001

• 9.4.8 Tobacco

  No data available.
  

• 9.4.9 Asbestos

  No data available.
  

• 9.4.10 Risks related to nanotechnology

  No data available.
  

• 9.4.11 Contraction of HIV in the workplace

  Yes.
  

  • Act of the Republic of Armenia on Prevention of Disease Caused by the Human Immunodeficiency Virus, No. ZR-103 of February 15, 1997

9.5 Psychosocial hazards

• 9.5.1 Psychosocial risks

  No data available.
  

• 9.5.2 Occupational violence

  No data available.
  

9.6 Other hazardous substances

9.7 Machineries

• 9.7.1 Risks related to machinery and tools

  Summary / Citation: The Labour Code lays down some requirements concerning devices at work.
  It shall be permitted to use only the work devices, which are in good working condition and meet the requirements established in legal acts on safety and health at work.
  The minimum safety and health requirements for work equipment shall be laid down in relevant legal acts on safety and health at work.
  Obligatory safety and health requirements for the production of particular work equipment, as well as for the assessment of procedures shall be established by technical regulations (standards) or other normative legal acts.
  Requirements for the safe use of specific work equipment shall be provided by the manufacture in the accompanying documentation.
  The compulsory continuous maintenance of potentially dangerous equipment shall be carried out by the employer unless otherwise is envisaged by the contract regarding the use of this equipment.
  

  • Labour Code of 9 November 2004. (Art. 246)

• 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries

  Summary / Citation: The Labour Code lays down some requirements concerning devices at work.
  It shall be permitted to use only the work devices, which are in good working condition and meet the requirements established in legal acts on safety and health at work.
  The minimum safety and health requirements for work equipment shall be laid down in relevant legal acts on safety and health at work.
  Obligatory safety and health requirements for the production of particular work equipment, as well as for the assessment of procedures shall be established by technical regulations (standards) or other normative legal acts.
  Requirements for the safe use of specific work equipment shall be provided by the manufacture in the accompanying documentation.

  • Labour Code of 9 November 2004. (Art. 246)

• 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information

  Summary / Citation: Requirements for the safe use of specific work equipment shall be provided by the manufacture in the accompanying documentation.
  The compulsory continuous maintenance of potentially dangerous equipment shall be carried out by the employer unless otherwise is envisaged by the contract regarding the use of this equipment.

  • Labour Code of 9 November 2004. (Art. 246)

• 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated

  No data available.
  

• 9.7.5 Maintenance of machinery and equipment

  Summary / Citation: The Labour Code lays down some requirements concerning devices at work. It shall be permitted to use only the work devices which are in good working condition and meet the requirements established in legal acts on safety and health at work.The compulsory continuous maintenance of potentially dangerous equipment shall be carried out by the employer unless otherwise is envisaged by the contract regarding the use of this equipment.

  • Labour Code of 9 November 2004. (Art. 246, Art. 249)

  • 9.7.5.1 List of equipment where applicable

    No data available.
    

9.8 Provisions to protect workers in specific condition of vulnerability

• 9.8.1 Protection of pregnancy at work

  Summary / Citation: Pregnant women shall not be engaged in a job with dangerous factors and harmful conditions which may have a negative impact. The list of hazardous conditions and dangerous factors prohibited for pregnant women and women who have recently given birth shall be approved by the Government of the Republic of Armenia.
  In compliance with the list of hazardous working conditions, as well as with the working environment risk assessment results, the employer must establish the nature and duration of potential risks to safety and health of pregnant women. Upon assessment of the potential impact, the employer must undertake temporary measures to ensure the elimination of those risks.
  

  • Governmental Decision No. 2308-N establishing the list of work that is found to be difficult and dangerous for persons below 18 years of age, women who are pregnant and for women caring for a child under one year of age.

  • Labour Code of 9 November 2004. (Art. 258)

• 9.8.2 Protection of lactating women at work

  Summary / Citation: Women who take care of a child under one year of age shall not be engaged in a job with dangerous factors and harmful conditions which may have a negative impact. The list of hazardous conditions and dangerous factors prohibited for pregnant women and women who have recently given birth shall be approved by the Government of the Republic of Armenia.
  In compliance with the list of hazardous working conditions, as well as with the working environment risk assessment results, the employer must establish the nature and duration of potential risks to safety and health of pregnant women. Upon assessment of the potential impact, the employer must undertake temporary measures to ensure the elimination of those risks.

  • Governmental Decision No. 2308-N establishing the list of work that is found to be difficult and dangerous for persons below 18 years of age, women who are pregnant and for women caring for a child under one year of age.

  • Labour Code of 9 November 2004. (Art. 258)

• 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts

  No data available.
  

• 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age

  Summary / Citation: Employment of persons under 18 years of age shall be prohibited for:
  1) hard works;
  2) work involving possible exposure to agents which are toxic, carcinogenic or dangerous for health;
  3) work involving possible exposure to ionizing radiation or other hazardous and harmful agents to health;
  4) work involving a higher risk of accidents or occupational diseases, as well as work which young person might not be able to perform safely due to lack of experience or attention to safety. The list of jobs considered as hard and harmful mentioned in this article is defined by the Government of the Republic of Armenia.
  

  • Governmental Decision No. 2308-N establishing the list of work that is found to be difficult and dangerous for persons below 18 years of age, women who are pregnant and for women caring for a child under one year of age.

  • Labour Code of 9 November 2004. (Art. 257)

  Related CEACR Comments
  • Minimum Age Convention, 1973 (No. 138) Observation 2021
  • Minimum Age Convention, 1973 (No. 138) Direct Request 2021
  

10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases

• 10.1.1 Work-related accidents

  Summary / Citation: The employee who suffered an accident occurred at the workplace or an acute occupational diseases (if he/she is able) and any witnesses of the accident or its consequences shall immediately notify the head of the subdivision, the employer and the department ensuring the security and health care of the employees.
  Official investigation is conducted with the purpose of identification of the reasons for accidents and occupational diseases. Occupational diseases and accidents are subject to mandatory registration by the employer. The procedure for the registration of occupational diseases and official investigation is defined by the Government of the Republic of Armenia.
  The injured person or his/her representative who may participate in official investigation of the accident or occupational disease occurred at the workplace has the right to get acquainted with the materials of the official investigation of the accident or occupational disease and to receive the act of official investigation on the accident or occupational disease. In case of being discordant with the act, he/she may appeal against the results of the official investigation to the Head State Inspector or to the Court.

  • Decision No. 488-N on Investigation and Procedure for Registration of Occupational and Industrial Accidents with Fatal or Grave Results.

  • Labour Code of 9 November 2004. (Arts. 260, 261)

• 10.1.2 Near miss incidents

  No data available.
  

• 10.1.3 Occupational diseases

  Summary / Citation: The employee who suffered an accident occurred at the workplace or an acute occupational diseases (if he/she is able) and any witnesses of the accident or its consequences shall immediately notify the head of the subdivision, the employer and the department ensuring the security and health care of the employees.
  Official investigation is conducted with the purpose of identification of the reasons for accidents and occupational diseases. Occupational diseases and accidents are subject to mandatory registration by the employer. The procedure for the registration of occupational diseases and official investigation is defined by the Government of the Republic of Armenia.
  The injured person or his/her representative who may participate in official investigation of the accident or occupational disease occurred at the workplace has the right to get acquainted with the materials of the official investigation of the accident or occupational disease and to receive the act of official investigation on the accident or occupational disease. In case of being discordant with the act, he/she may appeal against the results of the official investigation to the Head State Inspector or to the Court.

  • Decision No. 488-N on Investigation and Procedure for Registration of Occupational and Industrial Accidents with Fatal or Grave Results.

  • Labour Code of 9 November 2004. (Arts. 260, 261)

10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health

11.1 Appointment of OSH inspectors

11.2 OSH inspectors’ powers

• 11.2.1 Power to enter workplaces

  Summary / Citation: The state labour inspector has the power, in the presence of the employer or his representative at any working hour of the day or night, to enter freely any office, retail, industrial, storage and other premises of the employer upon presentation of proper credentials and an injunction for carrying out examination (except for cases of emergency) in order to carry out supervision and control over application of the laws and regulations on labour, with drawing up about it an appropriate report.

  • Law on State Labour Inspection (Text No. 280) (Art. 15, Para. 1)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2016
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  

• 11.2.2 Power to inspect and carry out any examination, test or enquiry

  Summary / Citation: The state labour inspector has the power to request, within his competence from the employer or his representative, public authorities and local authorities and to receive from them the necessary documents, explanations, information, and other data for carrying out inspection and to copy the documents and to take other necessary materials, as well as to remove for purposes of analysis samples of substances used or handled.

  • Law on State Labour Inspection (Text No. 280) (Art. 15, Para. 2)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2016
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  

• 11.2.3 Power to investigate

  Summary / Citation: Official investigation is conducted with the purpose of identification of the reasons for accidents and occupational diseases. Occupational diseases and accidents are subject to mandatory registration by the employer. The procedure for the registration of occupational diseases and official investigation is defined by the Government of the Republic of Armenia.
  The injured person or his/her representative who may participate in official investigation of the accident or occupational disease occurred at the workplace has the right to get acquainted with the materials of the official investigation of the accident or occupational disease and to receive the act of official investigation on the accident or occupational disease. In case of being discordant with the act, he/she may appeal against the results of the official investigation to the Head State Inspector or to the Court.

  • Labour Code of 9 November 2004. (Arts. 260, 261)

• 11.2.4 Duty to provide advice on OSH

  Summary / Citation: The State Labour Inspectorate is mandated to organize for employers, trade unions, representatives of workers’ collectives the provision of methodological assistance in applying laws and regulations on labour in the area of occupational safety and health by providing relevant information and advice.
  

  • Law on State Labour Inspection (Text No. 280) (Art. 10, Para. 2)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2016
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  

11.3 OSH inspectors’ enforcement powers

• 11.3.1 Power to issue orders or notices

  Summary / Citation: The state labour inspector has the right to present to employers (their representatives) injunctions subject to mandatory consideration in order to eliminate violations of labour laws and regulations, and restore the rights of workers.
  

  • Law on State Labour Inspection (Text No. 280) (Art. 15, Para. 7)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2016
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  

• 11.3.2 Power to impose financial penalties

  Summary / Citation: The Chief state labour inspector of the Republic of Armenia has the power to impose administrative penalties in accordance with the Code on Administrative Offences of the Republic of Armenia in case of finding violations of laws or regulations on labour.
  

  • Law on State Labour Inspection (Text No. 280) (Art. 14.7)

• 11.3.3 Power to revoke or suspend licenses or authorisations

  Summary / Citation: The work shall be temporarily suspended if there is no compliance with OSH legal requirements in some specific cases.

  • Labour Code of 9 November 2004. (Art. 250)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2016
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  

• 11.3.4 Power to require the cessation of dangerous work

  Summary / Citation: The Chief state labour inspector of the Republic of Armenia has the power to establish timelines in conformity with law for the elimination of violations in case of finding violations representing an immediate threat to the life and health of a worker at the workplace when there is an expert conclusion or inspection report and if such violations are not removed within the established timelines, he or she has the power to suspend temporarily the operation of the undertaking or its separate unit until the elimination of violations.
  In the cases of serious and imminent danger, when employer fails to undertake measures to protect employees from possible danger, the safety and health maintenance service of the organization, as well as the trade union have the right to demand suspension of work. In case the employer refuses to satisfy the demand of the safety and health maintenance service of the organization or of the trade union, the latter shall inform the state labour inspectorate about this refusal. The decision on making the employer terminate the work may be made by the state labor inspector after the evaluation of the safety and health of employees. In case the employer refuses to meet the requirements of the state labor inspector the latter has the right to apply to the police for termination of work and evacuation of employees form dangerous work places.
  

  • Law on State Labour Inspection (Text No. 280) (Art. 14.5)

  • Labour Code of 9 November 2004. (Art. 250)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2016
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  

• 11.3.5 Power to initiate prosecutions

  Summary / Citation: The State Labour Inspectorate has the power to present proves of violations of labour laws and regulations found during inspections, containing elements of a crime to the law enforcement bodies.
  

  • Law on State Labour Inspection (Text No. 280) (Art. 10.18)

• 11.3.6 Power to conduct prosecutions

  No data available.
  

• 11.3.7 Other enforcement powers

  No data available.
  

11.4 Application of sanctions by courts

• 11.4.1 Financial penalties for legal persons

  No data available.
  

• 11.4.2 Financial penalties for natural persons

  Summary / Citation: • Minimum financial penalty for individuals is 200 minimal salaries.
  • Maximum financial penalty for individuals is 400 minimal salaries.
  Breach of occupational safety and health rules by the person in charge of ensuring compliance thereof, if it negligently caused grave or medium-gravity damage to health or caused professional disease is punished with a fine from 200 to 400 minimal salaries.

  • Criminal Code of 2003. (Art. 157)

• 11.4.3 Non-financial sanctions

  Summary / Citation: The work shall be temporarily suspended if there is no compliance with OSH legal requirements in some specific cases.

  • Labour Code of 9 November 2004. (Art. 250)

• 11.4.4 Criminal liability

  Summary / Citation: There is a possibility of prosecution for the crime of manslaughter (causing death by negligence) under the criminal law.
  

  • Criminal Code of 2003. (Art. 109)

• 11.4.5 Terms of imprisonment for natural persons

  Summary / Citation: • Minimum term of imprisonment is 3 months.
  • Maximum term of imprisonment is up to 5 years.
  Breach of occupational safety and health by the person in charge of ensuring compliance thereof, if it negligently caused grave or medium-gravity damage to health or caused professional disease, is punished with a fine, correctional labour, or with imprisonment for the term of up to 2 years.
  The same action which negligently caused the death of the aggrieved person is punished with imprisonment for the term of up to 5 years.
  

  • Criminal Code of 2003. (Art. 59, Art. 157)