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Occupational Safety and Health (OSH)

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Belarus - 2013

Themes

1 Description of national OSH regulatory framework
- 1.1 Description of OSH regulatory framework
  Summary/citation: The Labour Code of July 26, 1999 and the Occupational Safety and Health Act of June 23, 2008 are the main occupational safety and health laws of Belarus.
  
  The Labour Code establishes the rights, duties and responsibilities of the parties of labour relations, as well as conditions for ensuring the safety and health of workers. Chapter 16 of the Labour Code is dedicated to occupational safety and health.
  
  The OSH Act supplements and develops the occupational safety and health provisions of the Labour Code. It is aimed at regulating social relations in the field of occupational safety and health and ensuring the right of citizens to healthy and safe working conditions.
  
  Legal provisions on protection of workers from specific occupational risks or hazards are contained in various separate legislative enactments such as: the "Act on Radiation Safety of the Population", the "Act on Prevention of Spread of Diseases Dangerous to Public Health, Human Immunodeficiency Virus", and the "Act on Fire Safety".
  
  The Code on Administrative Offences and the Criminal Code of Belarus provide for adequate penalties for violations of the laws and regulations concerning occupational safety and health.
  • Act of the Republic of Belarus on Prevention of Spread of Diseases Dangerous to Public Health, Human Immunodeficiency Virus, No. 345-Z of January 7, 2012
  • Act No. 356-Z of 23 June 2008 on Occupational Safety.
  • Act No. 72 of 21 December 2005 to amend and supplement the Act on protection of the population against radiation.
  • Code of Administrative Offenses No. 194-Z of 21 April 2003 (Text No. 2/946).
  • Criminal Code of the Republic of Belarus
  • Labour Code of 26 July 1999 (Text No. 432).
  • Act No. 122 of 5 January 1998 on protection of the population against radiation (Text No. 25).
  • Act of the Republic of Belarus on Fire Safety, No. 2403-XII of June 15, 1993
2 Scope, coverage and exclusions
- 2.1 Health and safety covers physical and psychological health
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
- 2.2 Definition of worker
  Summary/citation: Workers are the citizens of Republic of Belarus, foreign citizens and stateless persons working under employment contracts and (or) civil contracts, on the basis of membership (participation) in legal entities of any organizational and legal forms, as well as invited to perform works (rendering services) by legal entities in an order and on the conditions established by the legislation.
  • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 1)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 2.2.1 Coverage of particular categories of workers
    Sometimes.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
    - 2.2.1.1 Migrant workers
      Summary/citation: Migrant workers are not excluded from the definition of workers.
      • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 1)
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
    - 2.2.1.2 Domestic workers
      No data available.
      • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 1)
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
    - 2.2.1.3 Home workers
      No data available.
      • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 1)
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
    - 2.2.1.4 Self-employed persons
      No data available.
- 2.3 Definition of employer
  Summary/citation: Employers are legal entities (including legal entities with foreign investments, carrying out activities in the territory of Republic of Belarus), their representative offices, branches and individual entrepreneurs employing citizens under employment contracts and (or) civil contracts, the subject of which is to perform works (provide services) and create objects of intellectual property (further - the civil contract), the individuals employing citizens under employment contracts, the legal entities providing employment on the basis of membership (participation) in legal entities of any organizational and legal forms, as well as the legal entities attracting citizens to perform work (render services) in the conditions established by the legislation.
  • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 1)
- 2.4 Exclusion of branches of economic activity
  Sometimes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 2.4.1 Agriculture
    Summary/citation: The OSH legislation does not exempt any sectors/branches of economic activity.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 2.4.2 Construction
    Summary/citation: The OSH legislation does not exempt any sectors/branches of economic activity.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
    • Safety and Health in Construction Convention, 1988 (No. 167) Direct Request 2016
  - 2.4.3 Services
    Summary/citation: The OSH legislation does not exempt any sectors/branches of economic activity.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 2.4.4 Public sector
    Summary/citation: There are specific OSH regulations for the armed forces.
    • Decree of the Ministry of Defense No. 23 of 5 July 2006 on the system of management of occupational safety in the armed forces.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 2.4.5 Other
    No data available.
- 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: The Ministry of Labour and Social Protection of the Republic of Belarus is responsible for the coordination of activities related to occupational safety and health of republican bodies in charge of state administration, other state agencies subordinated to the Government of the Republic of Belarus, specially authorized state agencies to ensure supervision and control, local executive and administrative organs and trade unions.
  • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 7)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 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
  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.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
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: The employer has the duty to ensure occupational safety and health of workers, including working conditions in every workplace, and to comply with the requirements on occupational safety and health.
  • Labour Code of 26 July 1999 (Text No. 432). (Art. 226)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
- 4.2 Duty to protect the health and safety of people other than their own employees
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
- 4.3 Collaboration among two or more employers at the same workplace
  Summary/citation: If several employers are using one place, production building (premises), a structure or equipment, they shall collaborate to ensure the requirements of occupational safety and health on the basis of a written agreement.
  • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 13)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
- 4.4 Surveillance of workers’ health in relation to work
  Summary / Citation: To ensure occupational safety, prevent occupational diseases and protect health, workers performing in harmful and (or) dangerous working conditions for which professional selection is required according to the legislation, shall undergo preliminary (at the recruitment stage) and periodic (after recruitment) compulsory medical examinations, and also extraordinary medical examinations in case of deterioration of the state of health. The employer shall organize the medical examinations of workers as established in the OSH legislation.
  • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 21)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 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: The employer has the duty to ensure occupational safety and health of workers, including working conditions in every workplace, and to comply with the requirements on occupational safety and health.
  • Labour Code of 26 July 1999 (Text No. 432). (Art. 226)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
- 4.6 Duty to provide personal protective equipment
  Summary / Citation: The employer has the duty to provide workers performing in harmful and (or) dangerous working conditions, as well as those employed in works linked to contamination or carried out in adverse temperatures, with special clothing, special footwear and other necessary personal protective equipment, means for rinsing and rendering harmless according to established standards.
  • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 13)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2016
- 4.7 Duty to ensure the usage of personal protective equipment
  Summary / Citation:
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
- 4.8 Duty to provide first-aid and welfare facilities
  Yes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 4.8.1 Arrangements for first-aid
    Summary / Citation: The employer is obliged to take measures to prevent emergencies, save the lives and health of workers in the event of such situations, provide necessary first aid to the victims of occupational accidents and transfer them to the health care unt/institution.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 13)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 4.8.2 Sanitary installations
    Summary / Citation: Employers shall provide, depending on the nature of production, sanitary facilities, with dressing rooms, washing facilities, shower rooms, toilets, rooms of personal hygiene and other rooms equipped with necessary devices and tools.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 23)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2016
  - 4.8.3 Drinking water
    Summary / Citation: Employers shall provide, depending on the nature of production, sanitary facilities, in which drinking water supply shall be provided.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 23)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2016
  - 4.8.4 Rest and eating areas
    Summary / Citation: Employers shall provide workers, depending on the nature of production, with sanitary facilities, places where they can take meals (dining rooms), heating and rest rooms.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 23)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
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
    No data available.
  - 5.1.2 Appointment of a person for health and safety
    Summary/citation: The employer shall appoint officials responsible for the organization of occupational safety and health.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 13)
  - 5.1.3 Written risk assessment
    Summary/citation: The employer shall ensure the workplace has a working conditions attestation, and a certification of sanitary conditions of work and occupational safety and health.
    Attestation of workplaces on working conditions is the system of record, analysis and comprehensive assessment at a concrete workplace of all factors of the working environment and the difficulty and intensity of the the work process which affects the performance and health of workers in the course of work.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 1; Art. 13)
  - 5.1.4 Safe operating work systems and procedures
    Summary/citation: The employer shall constantly control levels of occupational risks and hazards. The employer shall ensure safety in the workplace and production buildings (premises), installations, equipment, technological processes and materials used in the manufacture and chemicals, and also effective use of means of personal and collective protection.
    
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 13)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 5.1.5 Training and information on risks
    Summary/citation: The employer shall provide training, instructions, retraining and professional development. The employer shall also check the knowledge of workers on ccupational safety and health matters in the manner prescribed by the Government of the Republic of Belarus or a body authorized by the Government.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 13)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 5.1.6 Review or assessment of the results of preventive measures
    Summary/citation: The employer has the duty to ensure the occupational safety and health of workers, which includes introducing procedures that provide identification of hazards, assessment of occupational risks, preparation and implementation of measures to reduce occupational risks, and the analysis of their effectiveness.
    • Labour Code of 26 July 1999 (Text No. 432). (Art. 226, Para. 7-1)
  - 5.1.7 Consultation with workers in health and safety
    Summary/citation:
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
- 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
  Sometimes.
  - 6.1.1 Requirement to access expert advice and/or support in health and safety
    Summary / Citation: The decision regarding the need to establish an occupational safety and health service or to appoint an occupational safety and health specialist in workplaces with a smaller number of workers is taken by the employer. If it is impossible for workers or the employer to perform these duties, he or she shall bring in appropriate specialists from outside the undertaking to carry out consultations and give advice on occupational safety and health.
    • Labour Code of 26 July 1999 (Text No. 432). (Art. 227)
    - 6.1.1.1 Qualifications of experts or professional services
      No data available.
- 6.2 Appointment of an OSH practitioner
  Summary/citation: In order to organize and monitor occupational safety and health, employers in conformity with legislation shall create an occupational safety and health service or appoint an occupational safety and health specialist.
  • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 16)
  - 6.2.1 Workforce size threshold for the appointment of OSH practitioners
    Summary/citation: The position of the occupational safety and health specialist shall be created in undertakings in the manufacturing sector with more than 100 workers and in undertakings in other areas of activity with more than 200 workers.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 16)
7 Workers' rights and duties
- 7.1 Duty to take reasonable steps to protect their own safety and health
  Summary / Citation: The worker has the duty to comply with the laws and regulations on occupational safety and health, as well as with the rules of conduct in the undertaking, in production, auxiliary and welfare premises.
  • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 15)
- 7.2 Duty to take reasonable steps to protect the safety and health of others
  No data available.
- 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: The worker has the duty to comply with the laws and regulations on occupational safety and health, as well as with the rules of conduct in the undertaking, in production, auxiliary and welfare premises.
  • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 15)
- 7.7 Right to enquire about risks and preventive measures
  Summary / Citation: The worker has the right to receive from the employer real information on the state of occupational safety and health at the workplace, as well as on the means of protection against the impact of occupational risks and hazards.
  • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 9)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
- 7.8 Right to remove themselves from a dangerous situation
  Summary / Citation: The worker has the right to refuse to perform the assigned work (render a service) in the event of an imminent danger to his life and health and those of other people around him, until the elimination of this danger.
  • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 9)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
- 7.9 Right to be reassigned to non-hazard work
  Summary / Citation: In cases of deterioration of the health of the worker caused by working conditions, or the loss of occupational capacity due to an occupational accident or disease, the employer shall reassign the worker with his consent to another work in accordance with medical advice.
  • Labour Code of 26 July 1999 (Text No. 432). (Art. 223)
  - 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work
    No data available.
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
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
- 8.3 Workers’ right to select their representatives for health and safety matters
  Summary / Citation: In an undertaking, authorized representatives of workers on occupational safety and health have the right to exercise social control over compliance with the legislation on occupational safety and health. Elections of authorized representatives of workers on occupational safety and health shall be held in a general meeting (conference) of the workers in the undertaking and for a period from two to five years, and then their number shall be determined.
  • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 38)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 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.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 8.4.1 Right to inspect the workplace
    No data available.
  - 8.4.2 Right to access OSH information
    Summary / Citation: The worker has the right to participate personally or through his/her representative in the consideration of questions relating to the provision relating to safe working conditions.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 9)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 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
    Summary / Citation: The worker has the right to participate, personally or through his/her representative, in inspections undertaken by relevant authorities, in accordance with the established inspection procedure regarding occupational safety and health at the workplace.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 9)
  - 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 worker has the right to participate, personally or through his/her representative, in matters related to safe working conditions.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 9)
  - 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
  Sometimes.
  - 8.5.1 Right to enter the workplace
    Summary / Citation: Technical labour inspectors of trade unions have the right, in accordance with the legislation and upon presentation of proper credentials, to enter freely the premises of the employer to check the observance of the legislation on occupational safety and health.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 38)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 8.5.2 Right to investigate suspected non-compliance with OSH legislation
    Summary / Citation: Technical labour inspectors of trade unions have the right to monitor, in conformity with the legislation, compliance with legislation on occupational safety and health by employers, and also fulfillment by the employers and their authorized officials of collective agreements; and to participate in the manner prescribed by the legislation in the investigation of occupational accidents and occupational diseases.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 38)
  - 8.5.3 Right to consult with workers
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 8.5.4 Right to advise workers
    No data available.
  - 8.5.5 Right to initiate enforcement action
    Summary / Citation: Technical labour inspectors of trade unions have the right to appeal in conformity with the legislation to state authorities, and to bodies of the prosecutor's office to take necessary measures with regard to detected violations, including to hold accountable the persons who broke the legislation on occupational safety and health, as well as in case of non-performance by them of the injunctions of the technical labour inspectors of trade unions.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 38)
- 8.6 Joint OSH Committee
  Sometimes.
  - 8.6.1 Participation of workers’ representatives in joint OSH committee
    Summary / Citation: In an undertaking a commission on occupational safety and health might be set up at the initiative of the employer and (or) at the initiative of a trade union. The commission shall be composed on a parity basis of the representatives of the employer and a trade union.
    
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 18)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 8.6.2 Conditions for establishing a joint OSH committee
    Summary / Citation: In an undertaking a commission on occupational safety and health might be set up at the initiative of the employer and (or) at the initiative of a trade union.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 18)
  - 8.6.3 Objectives, roles and/or functions of joint OSH committees
    Summary / Citation: The commission on occupational safety and health shall participate in formulating the occupational safety and health management system and the section of the collective agreement on occupational safety and health, in the planning of measures on occupational safety and health, in joint actions of the employer and workers on ensuring requirements of the occupational safety and health, on preventing occupational injuries and occupational diseases, as well as in carrying out examinations of working conditions and occupational safety and health at workplaces, and informing workers of the results of these examinations.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 18)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 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.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
- 8.8 Protection against reprisals
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
- 8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
9 Specific hazards or risks
- 9.1 Biological hazards
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
- 9.2 Chemical hazards
  No data available.
  - 9.2.1 Handling, storage, labelling and use
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 9.2.3 Pesticides
    No data available.
- 9.3 Ergonomic hazards
  No data available.
- 9.4 Physical hazards
  Sometimes.
  - 9.4.1 Ionising radiation
    Summary / Citation: The user of sources of ionizing radiation has the duty to plan and implement measures for ensuring radiation safety; to monitor the radiation situation at workplaces, in premises and spaces of the undertakings; to control and record individual doses of radiation of workers (staff members).
    • Act No. 122 of 5 January 1998 on protection of the population against radiation (Text No. 25). (Art. 12)
    Related CEACR Comments
    • Radiation Protection Convention, 1960 (No. 115) Direct Request 2016
  - 9.4.2 Vibration and noise
    No data available.
    Related CEACR Comments
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2016
  - 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
    No data available.
    Related CEACR Comments
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2016
  - 9.4.6 Exposure to extreme temperatures
    No data available.
    Related CEACR Comments
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2016
  - 9.4.7 Fire risks
    Summary / Citation: Managers and other officials in undertakings shall ensure fire safety and a fire-preventing strategy in the respective undertakings; assign duties and the monitoring system to ensure fire safety in all technological links and stages of production.
    • Act of the Republic of Belarus on Fire Safety, No. 2403-XII of June 15, 1993 (Art. 17)
  - 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 Belarus on Prevention of Spread of Diseases Dangerous to Public Health, Human Immunodeficiency Virus, No. 345-Z of January 7, 2012
- 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
  No data available.
- 9.7 Machineries
  Sometimes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 9.7.1 Risks related to machinery and tools
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 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: Project documentation for construction and reconstruction of facilities intended for the manufacture of products and provision of services, and also technical documentation for production equipment and technological processes shall comply with requirements on occupational safety and health.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 30)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 9.7.5 Maintenance of machinery and equipment
    Summary / Citation: The employer shall ensure carrying out maintenance and repair, tests, examinations, technical certifications of equipment in the manner and time established by relevant laws and regulations, including technical regulations.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 28)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
    - 9.7.5.1 List of equipment where applicable
      No data available.
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
- 9.8 Provisions to protect workers in specific condition of vulnerability
  Yes.
  - 9.8.1 Protection of pregnancy at work
    Summary / Citation: Rates of output and service standards shall be reduced for pregnant women in accordance with a medical report. Otherwise pregnant women shall be transferred to another work, which is easier and excludes the influence of occupational risks or hazards, with reservation of average salary from previous work.
    • Labour Code of 26 July 1999 (Text No. 432). (Art. 264)
    Related CEACR Comments
    • Maternity Protection Convention, 2000 (No. 183) Direct Request 2008
  - 9.8.2 Protection of lactating women at work
    Summary / Citation: The women who have children under the age of 1.5 years and are not able to perform the previous work shall be transferred to another work with reservation of their average salary corresponding to their previous position, up to the time when their child reaches the age of 1.5 years. Besides normal breaks, women who have children under the age of 1.5 years shall be granted additional breaks to feed the child.
    • Labour Code of 26 July 1999 (Text No. 432). (Art. 264; Art. 267)
    Related CEACR Comments
    • Maternity Protection Convention, 2000 (No. 183) Direct Request 2008
  - 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts
    Summary / Citation: It is prohibited to engage women to carry out intensive works and works in harmful and (or) dangerous working conditions, and also underground works, except some non-physical works or works related to sanitary and consumer service. The list of intensive works and works in harmful and (or) dangerous working conditions in which the employment of women is prohibited is to be approved by the Government of the Republic of Belarus.
    • Labour Code of 26 July 1999 (Text No. 432). (Art. 262)
    Related CEACR Comments
    • Underground Work (Women) Convention, 1935 (No. 45) Direct Request 2011
  - 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age
    Summary / Citation: It is prohibited to engage workers under the age of eighteen years to perform intensive works and works in harmful and (or) dangerous working conditions, underground and mountain works. The list of works in which the employment of persons under the age of eighteen years is prohibited is to be approved by the Government of the Republic of Belarus or the body authorized by it.
    • Labour Code of 26 July 1999 (Text No. 432). (Art. 274)
    Related CEACR Comments
    • Minimum Age Convention, 1973 (No. 138) Observation 1997
    • Minimum Age Convention, 1973 (No. 138) Direct Request 2010
    • Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79) Direct Request 2011
    • Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) Direct Request 2011
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.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 10.1.1 Work-related accidents
    Summary / Citation: The employer has the duty to ensure, as provided by the law, the investigation and record of occupational accidents, occupational diseases, emergencies, and formulation and implementation of measures for their prevention.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 13)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 10.1.2 Near miss incidents
    No data available.
  - 10.1.3 Occupational diseases
    Summary / Citation: The employer has the duty to ensure in the manner established by the legislation the investigation and record of occupational accidents, occupational diseases, emergencies, and formulation and implementation of measures for their prevention.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 13)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
- 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health
  No data available.
  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2007
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
11 OSH inspection and enforcement of OSH legislation
- 11.1 Appointment of OSH inspectors
  Summary / Citation: The state supervision and control over observance of the legislation on occupational safety and health are exercised by the Department of the State Labour Inspectorate of the Ministry of Labour and Social Protection of the Republic of Belarus and other authorized state bodies which supervise and control within their competence in their respective fields of activity.
  • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 34)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
- 11.2 OSH inspectors’ powers
  Sometimes.
  - 11.2.1 Power to enter workplaces
    Summary / Citation: The labour inspectors, officials of the Department of the State Labour Inspectorate of the Ministry of Labour and Social Protection of the Republic of Belarus, have the right, upon presentation of proper credentials, to enter freely, at any hour of the day or night, any spaces, facilities and premises of the employer to examine compliance with the legislation on occupational safety and health.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 36)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2007
    • 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 labour inspectors, officials of the Department of the State Labour Inspectorate of the Ministry of Labour and Social Protection of the Republic of Belarus have the rights to:
    - take, for purposes of analysis, samples of materials and substances used or handled, subject to the employer or his/her representative being notified of any samples or substances taken for such purpose and the absence of restrictions on their withdrawal;
    - get acquainted with documents, the maintenance of which is prescribed by national laws or regulations relating to labour, in order to check if they are in conformity with the legal provisions, and to copy such documents when there are no restrictions for this in the legislation.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 36)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2007
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  - 11.2.3 Power to investigate
    Summary / Citation: The labour inspectors, officials of the Department of the State Labour Inspectorate of the Ministry of Labour and Social Protection of the Republic of Belarus have the rights to:
    - take, for purposes of analysis, samples of materials and substances used or handled, subject to the employer or his/her representative being notified of any samples or substances taken for such purpose and the absence of restrictions on their withdrawal;
    - get acquainted with documents, the maintenance of which is prescribed by national laws or regulations relating to labour, in order to check if they are in conformity with the legal provisions, and to copy such documents when there are no restrictions for this in the legislation.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 36)
  - 11.2.4 Duty to provide advice on OSH
    No data available.
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2007
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
- 11.3 OSH inspectors’ enforcement powers
  Sometimes.
  - 11.3.1 Power to issue orders or notices
    Summary / Citation: The labour inspector officials of the Department of the State Labour Inspectorate of the Ministry of Labour and Social Protection of the Republic of Belarus have the right to issue injunctions mandatory to be executed to employers to eliminate violations of laws and regulations, including technical regulations containing requirements on occupational safety and health, and to carry out examination of production buildings (premises), technological processes, equipment and other objects creating an immediate danger to life and health of workers and other people around.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 36)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2007
    • 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) Observation 2007
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  - 11.3.4 Power to require the cessation of dangerous work
    Summary / Citation: The labour inspectors, officials of the Department of the State Labour Inspectorate of the Ministry of Labour and Social Protection of the Republic of Belarus, have the right to suspend, by issuing an injunction or sealing the work of undertakings, their structural divisions, and equipment, in case of identifying violations of occupational safety and health requirements, which create a threat to the life and health of the workers, until cessation of violations.
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2007
    • 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
    Summary / Citation: The labour inspectors, officials of the Department of the State Labour Inspectorate of the Ministry of Labour and Social Protection of the Republic of Belarus have the right to:
    - investigate occupational accidents as provided by the legislation;
    - take part in investigation of occupational diseases;
    - require employers not to allow workers to work when they are at the workplace in a condition of intoxication from alcoholic, narcotic or toxic substances, who are not using the required personal protective equipment ensuring the safety of work, who failed to undergo in the cases and in the manner, provided by the legislation, briefing and test of knowledge on occupational safety and health, and a medical examination;
    - prohibit the production and use of personal and collective protective equipment which is not adapted to the conditions of work and does not meet the requirements of technical regulations.
    • Act No. 356-Z of 23 June 2008 on Occupational Safety. (Art. 36)
- 11.4 Application of sanctions by courts
  Sometimes.
  - 11.4.1 Financial penalties for legal persons
    Summary / Citation: • Minimum financial penalty for corporations is 10 basic units;
    • Maximum financial penalty for corporations is 300 basic units;
    Violation of occupational safety and health provisions contained in laws and regulations, including technical regulations, by the employer or the person responsible for their observance, shall be sanctioned with a fine ranging from 10 up to 300 basic units on a legal entity.
    • Code of Administrative Offenses No. 194-Z of 21 April 2003 (Text No. 2/946). (Art. 9.17, Para. 1)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 11.4.2 Financial penalties for natural persons
    Summary / Citation: • Minimum financial penalty for individuals is 10 basic units;
    • Maximum financial penalty for individuals is 50 basic units;
    Violation of requirements of occupational safety and health contained in laws and regulations, including technical regulations, by the employer or the person responsible for their observance, shall be sanctioned with a fine ranging from ten to fifty basic units.
    • Code of Administrative Offenses No. 194-Z of 21 April 2003 (Text No. 2/946). (Art. 9.17, Para. 1)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 11.4.3 Non-financial sanctions
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 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 the Republic of Belarus (Art. 144)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  - 11.4.5 Terms of imprisonment for natural persons
    Summary / Citation: • Minimum term of imprisonment is 6 months. This is the shortest generally established term of imprisonment;
    • Maximum term of imprisonment is 7 years;
    Violation of regulations on safety precautions, industrial hygiene or other rules of occupational safety and health by the official responsible for their observance (violation of the rules of occupational safety and health), resulting by negligence in occupational disease or causing serious or less serious bodily injury, shall be punished with imprisonment for a term of up to three years.
    Violation of the rules of occupational safety and health, resulting by negligence in the death of two or more persons, is punishable with imprisonment for a term from three to seven years.
    • Criminal Code of the Republic of Belarus (Art. 57; Art. 306)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016

Belarus - 2013

Themes

1 Description of national OSH regulatory framework

1.1 Description of OSH regulatory framework

2 Scope, coverage and exclusions

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

2.2.1 Coverage of particular categories of workers

2.2.1.1 Migrant workers

2.2.1.2 Domestic workers

2.2.1.3 Home workers

2.2.1.4 Self-employed persons

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

2.4.1 Agriculture

2.4.2 Construction

2.4.3 Services

2.4.4 Public sector

2.4.5 Other

2.5 Definition of occupational accident

2.6 Definition of occupational disease

2.6.1 List of occupational diseases

2.6.2 Mechanism for compensating other diseases as occupational ones

3 Institutions and programmes relating to OSH administration and/or enforcement

3.1 Competent national authority for safety and health at work

3.1.1 Objectives, roles and/or functions

3.1.2 Chairperson and composition

3.2 National OSH research programme or institute

3.2.1 Objectives, roles and/or functions

3.2.2 Governance board constitution and chairmanship

3.2.3 Source of funding

3.3 National OSH programme

3.3.1 Consultation on the national OSH programme

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

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

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

4.8.2 Sanitary installations

4.8.3 Drinking water

4.8.4 Rest and eating areas

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

5.1 Elements of an OSH management system

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

5.1.2 Appointment of a person for health and safety

5.1.3 Written risk assessment

5.1.4 Safe operating work systems and procedures

5.1.5 Training and information on risks

5.1.6 Review or assessment of the results of preventive measures

5.1.7 Consultation with workers in health and safety

5.2 Obligation to implement a specific OSH management system or standard

6 Employers’ duty to ensure availability of expertise and competence in health and safety

6.1 OSH competence

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

6.1.1.1 Qualifications of experts or professional services

6.2 Appointment of an OSH practitioner

6.2.1 Workforce size threshold for the appointment of OSH practitioners

7 Workers' rights and duties

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

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

8.1 National OSH committee, commission, council or similar body

8.1.1 Objectives, roles and/or functions

8.1.2 Constitution and chairmanship modalities

8.2 Employers’ duty to consult workers on risks

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