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Occupational Safety and Health (OSH)
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Azerbaijan - 2013

  • 1 Description of national OSH regulatory framework

  • 2 Scope, coverage and exclusions

    • 2.1 Health and safety covers physical and psychological health

      No data available.
    • 2.2 Definition of worker

      Summary/citation: The worker is an individual who has entered into an employment agreement (contract) with an employer and who works in an appropriate workplace for pay.

      • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 3)

    • 2.3 Definition of employer

      Summary/citation: Employer: the owner or manager of a designated establishment or authorized body, as well as any individual conducting business without having established an entity who is fully entitled to enter into agreements with employees and to terminate or amend them.

      • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 3)

    • 2.4 Exclusion of branches of economic activity

      Sometimes.
      • 2.4.1 Agriculture

        Summary/citation: Citizens of the Azerbaijan Republic and foreign citizens have the right of labour protection, safety of their life and health in the process of labour activity on the whole republic territory.
        (Act No. 313 of 29 September 1992 on labour protection (occupational safety and health), Art. 2)

        The Labour Code shall apply to all enterprises, establishments, organizations, as well as workplaces where an employment agreement exists without the establishment of an entity, to all embassies and consulates of the Republic of Azerbaijan operating outside the territory of the Republic of Azerbaijan, to all ships sailing in international waters under the banner of the Republic of Azerbaijan and to all offshore installations and other workplaces, regardless of their property, organizational and legal form, and to relevant government bodies, individuals and entities of the Republic of Azerbaijan, pursuant to the rules specified in the Labour Code.
        (Labour Code of the Republic of Azerbaijan of 1 February 1999, Art. 4)

        Remarks / comments: Agriculture is not excluded from the scope of OSH legislation.

        • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 4)

        • Act No. 313 of 29 September 1992 on labour protection (occupational safety and health). (Art. 2)

      • 2.4.2 Construction

        Summary/citation: Citizens of the Azerbaijan Republic and foreign citizens have the right of labour protection, safety of their life and health in the process of labour activity on the whole republic territory.
        (Act No. 313 of 29 September 1992 on labour protection (occupational safety and health), Art. 2)

        The Labour Code shall apply to all enterprises, establishments, organizations, as well as workplaces where an employment agreement exists without the establishment of an entity, to all embassies and consulates of the Republic of Azerbaijan operating outside the territory of the Republic of Azerbaijan, to all ships sailing in international waters under the banner of the Republic of Azerbaijan and to all offshore installations and other workplaces, regardless of their property, organizational and legal form, and to relevant government bodies, individuals and entities of the Republic of Azerbaijan, pursuant to the rules specified in the Labour Code.
        (Labour Code of the Republic of Azerbaijan of 1 February 1999, Art. 4)

        Remarks / comments: Construction is not excluded from the scope of OSH legislation.

        • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 4)

        • Act No. 313 of 29 September 1992 on labour protection (occupational safety and health). (Art. 2)

      • 2.4.3 Services

        Summary/citation: Citizens of the Azerbaijan Republic and foreign citizens have the right of labour protection, safety of their life and health in the process of labour activity on the whole republic territory.
        (Act No. 313 of 29 September 1992 on labour protection (occupational safety and health), Art. 2)

        The Labour Code shall apply to all enterprises, establishments, organizations, as well as workplaces where an employment agreement exists without the establishment of an entity, to all embassies and consulates of the Republic of Azerbaijan operating outside the territory of the Republic of Azerbaijan, to all ships sailing in international waters under the banner of the Republic of Azerbaijan and to all offshore installations and other workplaces, regardless of their property, organizational and legal form, and to relevant government bodies, individuals and entities of the Republic of Azerbaijan, pursuant to the rules specified in the Labour Code.
        (Labour Code of the Republic of Azerbaijan of 1 February 1999, Art. 4)

        Remarks / comments: Services are not excluded from the scope of OSH legislation.

        • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 4)

      • 2.4.4 Public sector

        Summary/citation: The labour code applies to public officials and others except for:
        a) military personnel;
        b) judges;
        c) deputies of the Milli Majlis of the Republic of Azerbaijan and persons elected to municipal bodies;
        d) foreigners signing employment contracts with a legal entity of a foreign country and fulfilling his labor functions in an enterprise (affiliate, representation) operating in the Republic of Azerbaijan;
        e) persons performing jobs under contractor, task, commission, author and other civil contracts.

        • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 5, Art. &)

      • 2.4.5 Other

        Summary/citation: The Labour Code shall apply unconditionally to all workplaces incorporated by foreign countries, their citizens or entities, international organizations, and stateless persons in the Republic of Azerbaijan registered under the law and doing business under a special permit (license) unless otherwise stipulated by the agreements signed by and between the Republic of Azerbaijan and foreign countries and international organizations.

    • 2.5 Definition of occupational accident

      No data available.
    • 2.6 Definition of occupational disease

      No data available.
      • 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 Institutions and programmes relating to OSH administration and/or enforcement

    • 3.1 Competent national authority for safety and health at work

      Summary/citation: A unified state policy on occupational safety shall be implemented by the relevant Executive Authority.

      • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 212)

      • 3.1.1 Objectives, roles and/or functions

        Summary/citation: The relevant Executive Authority shall:
        - develop and implement the unified state policy on occupational safety, determine the duties of the respective executive authorities and employers to improve work conditions and to ensure occupational safety, coordinate their activity for providing for healthy and safe working conditions and exercise control over it;
        - approve the programs on the improvement of working conditions and occupational safety in consultation with trade unions and employers representative agencies; organize and ensure the fulfillment of said programs;
        - determine the state order for enterprises regarding the production of occupational safety devices and make decisions on the institution of enterprises for the fabrication and manufacture of said devices;
        - organize and coordinate scientific-research work in the sphere of occupational safety, implement national programs approved in the established manner and specify the terms and procedures to fund said work;
        - organize the training of occupational safety experts;
        - determine the procedures for conducting single-state statistical reports on occupational safety in the Republic.

        • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 212)

      • 3.1.2 Chairperson and composition

        No data available.
    • 3.2 National OSH research programme or institute

      No data available.
      • 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

      No data available.
      • 3.3.1 Consultation on the national OSH programme

        No data available.
  • 4 Employers’ duties and responsibilities to protect the safety and health of workers and others

    • 4.1 Duty to ensure the health and safety of employees

      Summary/citation: Employers shall provide a healthy and safe workplace, shall monitor dangerous and harmful production factors, and shall provide employees with information on these subjects in a timely manner.

      • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 222.1)

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

      No data available.
    • 4.3 Collaboration among two or more employers at the same workplace

      No data available.
    • 4.4 Surveillance of workers’ health in relation to work

      Summary / Citation: An employer entering into an employment contract with employees in harmful, hazardous and harsh industries must provide a clause for an initial medical check-up and for regular, free, compulsory medical tests pursuant to the regulations established by medical authorities for the period of their employment.
      If an employee refuses to have a medical check-up or if he/she does not follow the advice of the doctor or medical commission after medical tests, the employer may dismiss him/her or impose relevant disciplinary action pursuant to Article 62 of the Labour Code.

      • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 226)

      • 4.4.1 Specific hazards for which surveillance is required

        No data available.
    • 4.5 Surveillance of the working environment and working practices

      Summary / Citation: Employers shall provide a healthy and safe workplace, shall monitor dangerous and harmful production factors, and shall provide employees with information on these subjects in a timely manner.

      • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 222.1)

    • 4.6 Duty to provide personal protective equipment

      Summary / Citation: The owner of the undertaking and the employer are directly responsible for the fulfillment by workers of standards and rules on occupational safety and health at workplaces and must provide workers at definite period and in required condition free of charge special clothing, footwear and other personal protective equipment.
      The employer must provide storage, washing, drying, disinfection, decontamination, deactivation and repair of special clothes, footwear, and other personal protective equipment given to workers.

      • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 215, Art. 222.6)

      Related CEACR Comments
      Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2017

    • 4.7 Duty to ensure the usage of personal protective equipment

      Summary / Citation: Occupational safety service experts shall have the right to monitor employee compliance with occupational safety standards and regulations, to order the heads of relevant units to take mandatory measures to eliminate violations and to make recommendation to the employer with respect to the liability of any individual who violates occupational safety laws.

      • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 223)

    • 4.8 Duty to provide first-aid and welfare facilities

      Sometimes.
  • 5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices

    • 5.1 Elements of an OSH management system

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

        Summary/citation: Employers shall prepare and implement annual plans to improve working conditions, ensure occupational safety and protect employees' health.

        • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 222.2)

      • 5.1.2 Appointment of a person for health and safety

        Summary/citation: Occupational safety service experts shall have the right to monitor employee compliance with occupational safety standards and regulations, to order the heads of relevant units to take mandatory measures to eliminate violations, and to make recommendation to the employer with respect to the liability of any individual who violates occupational safety laws.
        An occupational safety service shall be created to organize occupational safety and monitor employees' compliance with occupational safety laws and standards at all offices and entities in all branches of the economy with the number of staff over fifty employees.

        • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 223)

      • 5.1.3 Written risk assessment

        Summary/citation: Employers shall prepare and implement annual plans to improve working conditions, ensure occupational safety and protect employees' health.

        • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 222.2)

      • 5.1.4 Safe operating work systems and procedures

        Summary/citation: Employers shall prepare and implement annual plans to improve working conditions, ensure occupational safety and protect employees' health.
        The owner of the undertaking and employer are directly responsible for making their workers comply with occupational safety and health regulations and standards at the workplace and must ensure safety of buildings, installations, technological processes and equipment.

        • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 215, Art. 222)

      • 5.1.5 Training and information on risks

        Summary/citation: The owner of the undertaking and employer are directly responsible for making their workers comply with occupational safety and health regulations and standards at the workplace and must ensure safety of buildings, installations, technological processes and equipment.
        Employers, together with employee unions, shall certify compliance with occupational safety standards and regulations. Employees shall be informed of, the results of certification. The employer, acting according to the certification results, shall take measures to comply with current regulations.

        • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 215, Art. 222)

      • 5.1.6 Review or assessment of the results of preventive measures

        Summary/citation: Employers, together with workers' unions, shall certify compliance with occupational safety standards and regulations. Employees shall be informed of the results of certification. The employer acting according to the certification results shall take measures to comply with current regulations.

        • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 222.5)

      • 5.1.7 Consultation with workers in health and safety

        Summary/citation: Employers, together with workers' unions, shall certify compliance with occupational safety standards and regulations. Employees shall be informed of the results of certification. The employer acting according to the certification results shall take measures to comply with current regulations.

        • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 222.5)

    • 5.2 Obligation to implement a specific OSH management system or standard

      No data available.
  • 6 Employers’ duty to ensure availability of expertise and competence in health and safety

    • 6.1 OSH competence

      Summary/citation: The owner of the undertaking and employer are directly responsible for making their workers comply with occupational safety and health regulations and standards at the workplace and must ensure safety of buildings, installations, technological processes and equipment.

      • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 215)

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

        Summary / Citation: An occupational safety service shall be created to organize occupational safety and monitor employees' compliance with occupational safety laws and standards at all offices and entities in all branches of the economy where the number of staff is over fifty employees.
        Occupational safety service experts shall have the right to monitor employees' compliance with occupational safety standards and regulations, order the heads of relevant units to take mandatory measures to eliminate violations, and make recommendation to the employer with respect to the liability of any individual who violates occupational safety laws.

        • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 223)

        • 6.1.1.1 Qualifications of experts or professional services

          Summary / Citation: Experts familiar with labour legislation and occupational safety standards shall be included in the staff of labour protection services. In enterprises where the number of employees is over fifty, the position of engineer for safety shall be established, but if the number of workers is over five hundred- the position of the deputy chief (chief engineer) of the company shall be created. An industrial-sanitary laboratory and a doctor's position shall be instituted at enterprises employing over one thousand employees.

          • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 223.2)

    • 6.2 Appointment of an OSH practitioner

      Summary/citation: An occupational safety service shall be created to organize occupational safety and monitor employees' compliance with occupational safety laws and standards at all offices and entities in all branches of the economy where the number of staff is over fifty employees.
      Experts familiar with labour legislation and occupational safety standards shall be included in the staff of labour protection services. In enterprises where the number of employees is over fifty, the position of engineer for safety shall be established, but if the number of workers is over five hundred- the position of the deputy chief (chief engineer) of the company shall be created. An industrial-sanitary laboratory and a doctor's position shall be instituted at enterprises employing over one thousand employees.

      • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 223)

      • 6.2.1 Workforce size threshold for the appointment of OSH practitioners

        Summary/citation: An occupational safety service shall be created to organize occupational safety and monitor employee compliance with occupational safety laws and standards at all offices and entities in all branches of the economy where the number of staff is over fifty employees.

        • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 223)

  • 7 Workers' rights and duties

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

      Summary / Citation: Employee duties involving occupational safety shall include the following:
      - to learn, familiarize themselves and apply the requirements defined by relevant regulations for safety, hygiene, and fire protection;
      - to perform work without jeopardizing their own life or that of others, to stay out of places where employees are not allowed such as machinery operating rooms and explosive depots, and to refrain from working in certain other places where there may be a danger to life;
      - to work in the special clothing and shoes issued, to follow and enforce safety regulations, standards and instructions and to use protective methods as stated in the individual or collective contracts;
      - to inform the employer representatives about job accidents, any emergencies or any violation of occupational safety regulations;
      - to regularly improve their occupational safety knowledge;
      - to follow the orders and advice of employers, supervisors and experts on occupational safety.

      • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 216)

      • Act No. 313 of 29 September 1992 on labour protection (occupational safety and health). (Art. 12)

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

      Summary / Citation: Employee duties involving occupational safety shall include the following:
      - to learn, familiarize themselves and apply the requirements defined by relevant regulations for safety, hygiene, and fire protection;
      - to perform work without jeopardizing their own life or that of others, to stay out of places where employees are not allowed such as machinery operating rooms and explosive depots, and to refrain from working in certain other places where there may be a danger to life;
      - to work in the special clothing and shoes issued, to follow and enforce safety regulations, standards and instructions and to use protective methods as stated in the individual or collective contracts;
      - to inform the employer representatives about job accidents, any emergencies or any violation of occupational safety regulations;
      - to regularly improve their occupational safety knowledge;
      - to follow the orders and advice of employers, supervisors and experts on occupational safety.

      • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 216)

      • Act No. 313 of 29 September 1992 on labour protection (occupational safety and health). (Art. 12)

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

      No data available.
    • 7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

      No data available.
    • 7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

      No data available.
    • 7.6 Duty to comply with OSH-related requirements

      Summary / Citation: Employee duties involving occupational safety shall include the following:
      - to learn, familiarize themselves and apply the requirements defined by relevant regulations for safety, hygiene, and fire protection;
      - to perform work without jeopardizing their own life or that of others, to stay out of places where employees are not allowed such as machinery operating rooms and explosive depots, and to refrain from working in certain other places where there may be a danger to life;
      - to work in the special clothing and shoes issued, to follow and enforce safety regulations, standards and instructions and to use protective methods as stated in the individual or collective contracts;
      - to inform the employer representatives about job accidents, any emergencies or any violation of occupational safety regulations;
      - to regularly improve their occupational safety knowledge;
      - to follow the orders and advice of employers, supervisors and experts on occupational safety.

      • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 216)

      • Act No. 313 of 29 September 1992 on labour protection (occupational safety and health). (Art. 12)

    • 7.7 Right to enquire about risks and preventive measures

      Summary / Citation: Employers, together with workers' unions, shall certify compliance with occupational safety standards and regulations. Employees shall be informed of the results of certification. The employer acting according to the certification results shall take measures to comply with current regulations.
      Employees shall have the right to request information about occupational safety in their workplaces, the necessary occupational safety material which they should be given based on working conditions and concessions and guarantees. Employers shall be obliged to satisfy these requirements.

      • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 222, Art. 227)

    • 7.8 Right to remove themselves from a dangerous situation

      Summary / Citation: Should the employer not provide safe working conditions or create a danger to the health and lives of workers, a worker has a right to refuse to perform his/her job or to go on an individual strike. In this case the worker does not bear any responsibility and this labour dispute must be resolved in accordance with the established procedure.

      • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 230.2)

    • 7.9 Right to be reassigned to non-hazard work

      Summary / Citation: Should an employee need to be transferred to an easier job for health reasons, the employer, with the consent of the employee and in accordance with the medical report, must transfer the employee to an easier job on a temporary or permanent basis.

      • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 231)

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

        Summary / Citation: In order to preserve an employee’s health, the employee may be transferred to a job that does not affect his health negatively and paid a lower salary. In such cases, the employee shall retain his average salary from his previous job for one month after the transfer on a temporary or permanent basis.
        Employees who suffer from tuberculosis and other chronic diseases and who are transferred to a lower-paying job shall be paid the full salary from their previous job during their temporary transfer, but for no longer than four months.
        An employee injured in an on-the-job accident or who suffers from a job-related illness may, on recommendation of an authorized medical commission be transferred temporarily to an easier job and be paid the average of the salaries for his/her previous and current positions. The employee shall receive this average salary until he recovers or until his disability or restricted health condition up to 18 years is established.

        • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 232)

  • 8 Consultation, collaboration and co-operation with workers and their representatives

    • 8.1 National OSH committee, commission, council or similar body

      No data available.
      • 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

      Summary / Citation: Employers, together with workers' unions, shall certify compliance with occupational safety standards and regulations. Employees shall be informed of the results of certification. The employer acting according to the certification results shall take measures to comply with current regulations.
      Employees shall have the right to request information about occupational safety in their workplaces, the necessary occupational safety material which they should be given based on working conditions and concessions and guarantees. Employers shall be obliged to satisfy these requirements.

      • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 222, Art. 227)

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

      No data available.
      • 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

      Sometimes.
      • 8.4.1 Right to inspect the workplace

        Summary / Citation: Representatives on job protection have the right to monitor the situation in the workplace in regard to job protection, request the authorities to correct discovered shortcomings, and if necessary, to raise issues with the employer regarding the possibility of taking legal action against the offender.
        Labour unions can within their rights as specified in the Law of the Republic of Azerbaijan on Labour Unions participate in the supervision of the implementation of laws and applicable regulatory legal acts on job protection by the employer.

        • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 236, Art. 237)

      • 8.4.2 Right to access OSH information

        Summary / Citation: Employers, together with workers' unions, shall certify compliance with occupational safety standards and regulations. Employees shall be informed of the results of certification. The employer acting according to the certification results shall take measures to comply with current regulations.
        Employees shall have the right to request information about occupational safety in their workplaces, the necessary occupational safety material which they should be given based on working conditions and concessions and guarantees. Employers shall be obliged to satisfy these requirements.

        • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 222, Art. 227)

      • 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

        Summary / Citation: In order for the trade union representative to be able to carry out his/her duties the employer should give him/her at least two hours per week which are paid at a rate of an average wage.

        • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 236)

      • 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: Employers, together with workers' unions, shall certify compliance with occupational safety standards and regulations. Employees shall be informed of the results of certification. The employer acting according to the certification results shall take measures to comply with current regulations.

        • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 222)

      • 8.4.10 Right to direct that dangerous work cease

        Summary / Citation: When dangers for the health and life of workers are created, the labour unions have the right to raise before the authority responsible for the state control of compliance with labour legislation the issue of stopping the use of any machinery which has faulty components and mechanisms which are dangerous for workers; the production of other kinds of products, use of materials, equipment, and technology which are hazardous to human health; and activities and decisions made by the employer which are in violation of laws on occupational safety and health.

        • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 237.4)

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

      No data available.
      • 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

      No data available.
      • 8.6.1 Participation of workers’ representatives in joint OSH committee

        No data available.
      • 8.6.2 Conditions for establishing a joint OSH committee

      • 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)

      No data available.
    • 8.8 Protection against reprisals

      No data available.
    • 8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties

      No data available.
  • 9 Specific hazards or risks

    • 9.1 Biological hazards

      Summary / Citation: Shorter working hours of no more than 36 hours per week shall be established for employees engaged in occupations, positions and industries characterized by working conditions hazardous to human health with regard to physical, chemical, biological and industrial factors. The list of such workplaces shall be approved by the relevant authority.

      • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 92.1)

    • 9.2 Chemical hazards

      Summary / Citation: Shorter working hours of no more than 36 hours per week shall be established for employees engaged in occupations, positions and industries characterized by working conditions hazardous to human health with regard to physical, chemical, biological and industrial factors. The list of such workplaces shall be approved by the relevant authority.
      (Art. 92.1)

      The competent authorities shall approve unified detailed lists on hazardous and risky chemicals, radioactive and other substances that shall be prohibited to use during the production of commodities and performance of work (services).
      (Art. 211)

      • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 92.1, Art. 211)

      • 9.2.1 Handling, storage, labelling and use

        No data available.
      • 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users

        No data available.
      • 9.2.3 Pesticides

        No data available.
    • 9.3 Ergonomic hazards

      No data available.
    • 9.4 Physical hazards

      Sometimes.
    • 9.5 Psychosocial hazards

      No data available.
      • 9.5.1 Psychosocial risks

        No data available.
      • 9.5.2 Occupational violence

        No data available.
    • 9.6 Other hazardous substances

      Summary / Citation: Harmful substances, raw materials and other toxic materials cannot be used until an expert study including aspects such as engineering, fire protection, public health and hygiene and medical care has been performed, and research has been carried out to determine the effect of these substances on human health.

      • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 218.4)

    • 9.7 Machineries

      Sometimes.
    • 9.8 Provisions to protect workers in specific condition of vulnerability

      Yes.
      • 9.8.1 Protection of pregnancy at work

        Summary / Citation: The rate of production or service quotas for women who are pregnant according to medical verification shall be reduced and they shall be working in lighter works where hazardous side-effects of production are eliminated.
        In case women with children under the age of one year and a half are facing difficulties with doing their work and feeding or breast feeding their children on time, upon written request of the worker the employer has to transfer her to lighter work, or provide necessary conditions for feeding of her child until the child reaches the age of one year and a half.
        While women are transferred to lighter work, their salary shall remain as the average salary for their main work.
        It is unlawful to reduce wages of women workers due to their pregnancy or to the fact that they are breastfeeding.
        If an employer refuses to sign a labour contract with a woman who is pregnant or has a child under the age of three years has to explain the rationale of the decision in writing to the woman.

        • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 240, Art. 243)

        Related CEACR Comments
        Maternity Protection Convention, 2000 (No. 183) Direct Request 2013

      • 9.8.2 Protection of lactating women at work

        Summary / Citation: In case of female workers with children under the age of one year and a half if facing difficulties with doing their work and feeding or breast feeding their child on time, upon a written request of the worker the employer has to transfer her to lighter work, or provide necessary conditions for feeding her child until the child reaches the age of one year and a half.
        While women workers are transferred to lighter work, their salary shall remain as the average salary for their main work.
        It is unlawful to reduce wages of women workers due to their pregnancy or to the fact that they are breastfeeding.
        If an employer refuses to sign a labour contract with a woman who is pregnant or has a child under the age of three years has to explain the rationale of the decision in writing to the woman.
        Women workers who have children under the age of one year and a half shall be given breaks for feeding their children, in addition to their regular lunch and rest breaks. These additional breaks shall be at least 30 minutes and shall be given every 3 hours. If a woman worker has two or more children who are under the age of one year and a half, the duration of such breaks shall be at least one hour.
        Breaks given for feeding are considered as working time and the average salary of the worker shall stay the same.

        • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 243, Art. 244)

        Related CEACR Comments
        Maternity Protection Convention, 2000 (No. 183) Direct Request 2013

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

        Summary / Citation: Jobs and workplaces where women are prohibited from being engaged in works entailing intensive labour, located in hazardous workplaces or underground, in tunnels or in mines.
        The employment of women is permitted in underground works involving leadership positions where continuous physical work is not needed, socials works, sanitation and medical services, or works involving underground permanence without any physical work.
        The employment of women to lift or carry heavy items from one place to another beyond the limits specified in below:
        - lifting by hand and carrying to another place objects whose total weight is no more than 10 kilograms during the entire workday (work shift);
        - carrying objects by vehicles whose lifting would involve more than 15 kilograms.
        Engaging women who are pregnant or have children of less than three years of age in works specified in this article is prohibited.

        The list of hazardous and labor intensive jobs, positions, professions and underground jobs where employment of women is prohibited are prepared by the related governor's office.

        The employment of pregnant women or women who have children under three years of age in night shift, overtime, weekend, holiday considered as non-business day or sending them to business travel is prohibited.
        In order to engage women who have children between the age of 3 and 14 years or a child with restricted health condition to work overtime, on weekends, holidays or to send them to a business travel their written consent is needed.

        • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Arts. 241, 242)

        Related CEACR Comments
        Underground Work (Women) Convention, 1935 (No. 45) Direct Request 2010

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

        Summary / Citation: Persons who are under the age of 15 shall not be employed.
        Employment of persons younger than 18 years is prohibited in jobs with difficult and hazardous working conditions, also in underground tunnels, mines and other underground jobs, works involving trafficking in drugs, psychotropic substances and their precursors, in night clubs, bars, and casinos which could be detrimental to the development of their moral maturity, and also in jobs linked to the production, transportation, sale and storage of alcoholic drinks, and toxic materials.
        There are also other jobs where limitations on lifting of heavy loads by employees under 18 are applied.
        Workers under the age of 18 are suitable to be employed only after passing medical examinations and until they reach the age of 18 they must be medically examined every year and at no cost (expenses to be paid by the employer).

        • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Arts. 249- 251)

        Related CEACR Comments
        Minimum Age Convention, 1973 (No. 138) Observation 2021
        Minimum Age Convention, 1973 (No. 138) Direct Request 2017
        Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79) Direct Request 2021
        Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) Direct Request 2016

  • 10 Recording, notification and investigation of accidents/incidents and diseases

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

      Sometimes.
      • 10.1.1 Work-related accidents

        Summary / Citation: Employers shall immediately notify the authority exercising state control over compliance with labour legislation about the accident on the day it took place for its investigation, independently to the gravity of the accident. The authority exercising state control over compliance with labour legislation shall establish a commission to investigate the accident on the basis of the information received and according to the Law.

        • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 217)

      • 10.1.2 Near miss incidents

        No data available.
      • 10.1.3 Occupational diseases

        No data available.
    • 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health

      Summary / Citation: Employers shall immediately notify the authority exercising state control over compliance with labour legislation about the accident on the day it took place for its investigation, independently to the gravity of the accident. The authority exercising state control over compliance with labour legislation shall establish a commission to investigate the accident on the basis of the information received and according to the Law.
      The oversight of the investigation and registration of accidents shall be governed by a normative legal act approved by the relevant executive authority on the basis of procedures stipulated herein.

      • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 217)

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

  • 11 OSH inspection and enforcement of OSH legislation

    • 11.1 Appointment of OSH inspectors

      Summary / Citation: Supervision of rules and regulations and normative legal acts on protection of labour is conducted by special government organizations responsible for state control of the observance of labour legislation.
      The decisions of government supervision organizations responsible for state control of the observance of labour legislation and their authorized persons taken within their authority must unconditionally be implemented. Such decisions may be appealed administratively and/or before the competent court in accordance with legislation.

      • Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 235)

    • 11.2 OSH inspectors’ powers

      No data available.
    • 11.3 OSH inspectors’ enforcement powers

      No data available.
      • 11.3.1 Power to issue orders or notices

        No data available.

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

      • 11.3.2 Power to impose financial penalties

        No data available.
      • 11.3.3 Power to revoke or suspend licenses or authorisations

        No data available.

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

      • 11.3.4 Power to require the cessation of dangerous work

        No data available.

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

      • 11.3.5 Power to initiate prosecutions

        No data available.
      • 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

      Yes.
      • 11.4.1 Financial penalties for legal persons

        Summary / Citation: • Minimum financial penalty for corporations is 1000 manats (1,274 US dollars);
        • Maximum financial penalty for corporations is 2000 manats (2,548 US dollars);
        Violation of the rules of occupational safety and health, i.e.: 1) non-observance of requirements of the standards, norms and rules on occupational safety and health; 2) non-observance of security of the buildings, installations, equipment and technological processes; 3) non-putting in order the hygiene and sanitary conditions and conditions of the occupational safety and health directly at workplaces in compliance with the effective norms; 4) non-organisation of proper everyday sanitary and medical-preventive service for the workers; 5) non-observance of normal regime for labour and rest; 6) non-delivery of free of charge special boots and other personal protective equipment to the workers on the schedule date and by a required assortment; 7) non-provision of training on norms and rules of occupational safety and health, instruction, examination of the knowledge and promotion of occupational safety and health for workers; 8) non-inclusion in the collective contract rules on occupational safety and health or non-fulfillment of obligations provided for in the collective contract; 9) non-introduction of statistic report in accordance with the time and form established by the appropriate body of executive power of the Azerbaijan Republic about results of measures taken on occupational safety and health, creation of proper work condition and their co-ordination with the effective norms; 10) operation of the rotary and transmission parts of machinery and equipment without protective devices supplied by the manufacturer;
        shall be punished with a fine ranging from one thousand to two thousand manats."

        • Code of the Republic of Azerbaijan on Administrative Offences (Art. 54)

      • 11.4.2 Financial penalties for natural persons

        Summary / Citation: • Minimum financial penalty for individuals is 100 manats (127 US dollars);
        • Maximum financial penalty for individuals is 2,000 manats (2,548 US dollars);

        Infringement of occupational safety and health regulations or rules committed by the person in charge of their compliance, when grave or minor-gravity damage was negligently caused to the health of a person, shall be punished with a financial penalty ranging from one hundred up to five hundred manats.
        Violation of the rules of occupational safety and health shall involve penalization at the rate from one thousand to two thousand manats.

        • Criminal Code of 30 December 1999. (Art. 162)

      • 11.4.3 Non-financial sanctions

        Summary / Citation: Infringement of occupational safety and health regulations or rules committed by the person in charge of their compliance, when grave or minor-gravity damage was negligently caused to the health of a person, shall be punished by a financial penalty or corrective works or imprisonment for the term of up to six months.
        The same action which due to imprudence resulted in the death of a person shall be punished by imprisonment for the term up to five years with deprivation of the right to hold certain posts or to engage in the certain activities for the term from three up to five years or without it.

        • Criminal Code of 30 December 1999. (Art. 162)

      • 11.4.4 Criminal liability

        Summary / Citation: There is a possibility of prosecution for manslaughter under the criminal law.

        • Criminal Code of 30 December 1999. (Art. 124)

      • 11.4.5 Terms of imprisonment for natural persons

        Summary / Citation: • Minimum term of imprisonment is 3 months. This is the shortest generally established term of imprisonment;
        • Maximum term of imprisonment is up to 5 years;
        Infringement of occupational safety and health regulations or rules committed by the person in charge of their compliance, when grave or minor-gravity damage was negligently caused to the health of a person, shall be punished by a financial penalty or corrective works or imprisonment for the term of up to six months.
        The same action which due to imprudence resulted in the death of a person shall be punished by imprisonment for the term up to five years with deprivation of the right to hold certain posts or to engage in the certain activities for the term from three up to five years or without it.

        • Criminal Code of 30 December 1999. (Art. 55, Art. 162)

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