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Occupational Safety and Health (OSH)

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Kazakhstan - 2013

Themes

1 Description of national OSH regulatory framework
- 1.1 Description of OSH regulatory framework
  Summary/citation: The Labour Code of May 15, 2007 is the main occupational safety and health law of Kazakhstan. The aim of the Labour Code is the legal regulation of labour relations and other relations directly linked with labour and the establishment of minimum guarantees of rights and freedoms in the sphere of labour. According to the Labour Code one of the principles of the labour legislation of Kazakhstan is to ensure the right to working conditions that meet requirements of safety and health. Chapters 33 – 37 of Section 5 of the Labour Code are dedicated to occupational safety and health. Chapter 38 of the Labour Code establishes the functions, rights and duties of labour inspectors.
  
  Legal provisions on protection of workers from specific occupational risks or hazards are contained in various separate legislative enactments such as: the "Act on the Safety of Chemical Products”, the "Act on Radiation Safety of Population”, the "Act on Safety of Machinery and Equipment”, and the "Act on Fire Safety”.
  
  The Code on Administrative Offences and the Criminal Code of Kazakhstan provide for penalties for violations of the laws and regulations concerning occupational safety and health.
  • Occupational safety and health country profile: Kazakhstan
  • Labour inspection country profile of Kazakhstan
  • Act of the Republic of Kazakhstan on the Safety of Chemical Products, No. 302-III ZRK of July 21, 2007
  • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007.
  • Act of the Republic of Kazakhstan on Safety of Machinery and Equipment, No. 305-III ZRK of July 21, 2007
  • Code of the Republic of Kazakhstan on Administrative Offences
  • Act of the Republic of Kazakhstan on Radiation Safety of Population No. 219-1 of 23 April 1998
  • Law No. 167 of 16 July 1997 to adopt the Criminal Code (as amended).
  • Act of the Republic of Kazakhstan on Fire Safety No. 48-I of 22 November 1996
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 2015
- 2.2 Definition of worker
  Summary/citation: Worker is an individual maintaining labour relations with the employer and directly performing work under an employment contract.
  • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 1)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 2.2.1 Coverage of particular categories of workers
    Sometimes.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
    - 2.2.1.1 Migrant workers
      Summary/citation: The Labour Code regulates the following relations: (...) employees, including employees of organisations located on the territory of the Republic of
      Kazakhstan, owners of property, participants or shareholders that are foreign individuals or legal entities.
      (Art. 9(1))
      
      The Government of the Republic of Kazakhstan establishes the procedure for engaging foreign manpower.
      (Art. 14(5))
      
      Local executive bodies issue resolutions on engaging foreign manpower to perform work on the territory of the corresponding administrative and territorial unit.
      (Art. 18(1))
      Restrictions / obligations: "Conclusion of an employment contract shall not be permitted with foreigners and stateless persons temporarily residing on the territory of the Republic of Kazakhstan, before receiving a resolution from the local executive authority on engagement of foreign manpower in the manner established by the Government of the Republic of Kazakhstan, or without observance of the restrictions or waivers established by the laws of the Republic of Kazakhstan."
      (Art. 26(4))
      • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Arts. 9(1), 14(5), 18(1), 26(4) )
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
    - 2.2.1.2 Domestic workers
      Summary/citation: "Article 214. Specifics of the conclusion and termination
      of employment contracts with domestic staff
      1. Domestic staff are defined as those performing work (services) in the homes of individual employers.
      2. The employer does not issue acts of hiring or termination of labour relations with domestic staff or enter information on their work in their work record book.
      3. The work of domestic staff shall be confirmed by employment contracts.
      4. The terms of the written notice of termination (cancellation) of employment contracts with domestic staff, as well as cases and amount of compensatory payments in connection with loss of work shall be established by the employment contract.
      
      Article 215. Working time and rest time regime for domestic staff
      1. The working time and rest time duration standards set by this Code shall apply to domestic staff. 79
      2. The work regime, the procedure for granting days off, annual paid leave, engagement in overtime work, night work and work on days off and public holidays of domestic staff shall be determined by the employment contracts.
      
      Article 216. Procedure for imposing and lifting disciplinary sanctions
      The procedure for imposing and lifting disciplinary sanctions in relation to a domestic staff shall be determined by the employment contracts.
      
      Article 217. Resolution of individual labour disputes
      Individual labour disputes between domestic staff and employers shall be resolved by agreement of the parties and (or) in a court of law.
      
      Article 218. Cancellation of employment contracts with domestic staff
      Cancellation of employment contracts with domestic staff shall be performed on the grounds envisaged by the employment contracts."
      • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 214-218)
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
    - 2.2.1.3 Home workers
      Summary/citation: "Article 219. Outworkers
      1. Outworkers are defined as persons who conclude employment contracts with employers to perform work at home, using their own materials and equipment, tools and devices or ones allocated or purchased at the employer’s expense.
      2. Performance of work at home by the employee may be established both on conclusion of an employment contract or by entry of corresponding amendments into the employment contract during the term of validity thereof.
      
      Article 220. Working conditions of outworkers
      1. Outwork may be performed only in cases when not contraindicated for the employee on health grounds and labour protection and labour safety requirements may be met for performance of said work.
      2. The employment contract for performance of outwork shall envisage terms and conditions regarding:
      1) performance of the work using equipment, materials, tools and devices belonging to the employee or allocated by the employer or purchased at the latter’s expense;
      2) the manner and schedule for provision of the employee with raw and other materials and semifinished goods for performance of the work;
      3) the manner and schedule for delivery of the finished products;
      4) compensation and other payments to the employee.
      
      Article 221. Working time and rest time regime, conditions for providing for the labour protection and labour safety of outworkers
      The working time and rest time regime, the specifics of control exercised by the employer over observance by the employee of the working time regime, the conditions for providing for labour protection and labour safety and observance of these conditions by the employee performing outwork shall be determined by the employment contract."
      • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Arts. 219, 220, 221)
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
    - 2.2.1.4 Self-employed persons
      No data available.
- 2.3 Definition of employer
  Summary/citation: Employer is an individual or a legal entity with whom the worker maintains labour relations.
  • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 1)
- 2.4 Exclusion of branches of economic activity
  No.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 2.4.1 Agriculture
    Summary/citation: The OSH legislation exempts no sectors/branches of economic activity.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 2.4.2 Construction
    Summary/citation: "Article 320. Requirements on labour protection and labour safety during design, construction and operation of production facilities and means of production
    1. Design, construction and reconstruction of production buildings and structures, development and use of technologies, development and manufacture of machines, mechanisms and equipment not meeting labour protection and labour safety requirements shall be prohibited.
    2. New and renovated production facilities, means of production or other types of output may not be accepted and started up if they do not comply with the labour protection and labour safety requirements.
    3. Production facilities shall be subject to mandatory periodical certification with respect to working conditions in the manner established by the state labour authority.
    4. Commissioning of a production-purpose facility shall be carried out by the acceptance commission with obligatory participation by the state labour inspector.
    
    Article 321. Work-place protection requirements
    1. Buildings (structures) accommodating work places shall, in their structure, comply with their functional purpose and the labour protection and labour safety requirements.
    2. Working equipment shall comply with the protection standards established for the given type of equipment, bear appropriate warning signs and be provided with barriers or protective devices to ensure protection of employees in the work place.
    3. Emergency routes and exits for employees from premises shall remain free and lead to the open air or a safe zone.
    4. Danger zones shall be clearly marked. If work places are located in danger zones, in which, in view of the nature of the work, there exist a danger to the employee or of falling objects, such places shall be equipped, when possible, with appliances preventing unauthorized access to these zones. Safe conditions must be provided for movement of pedestrians and means of transport across the territory of the organisation.
    5. Employees shall have means of personal protection for performing work at hazardous production facilities (sectors), including at heights, underground, in open chambers, on the shelf of seas and internal waters.
    6. During working hours, the temperature, natural and artificial lighting, and ventilation on the premises accommodating the work places shall comply with safe working conditions.
    7. Employees shall be permitted to work under harmful working conditions (dustiness, gaseousness and other factors) after the employer has ensured safe working conditions."
    Remarks / comments: The OSH legislation exempts no sectors/branches of economic activity.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Arts. 320, 321)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
    • Safety and Health in Construction Convention, 1988 (No. 167) Direct Request 2014
  - 2.4.3 Services
    Summary/citation: The OSH legislation exempts no sectors/branches of economic activity.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 2.4.4 Public sector
    Summary/citation: The OSH legislation exempts no sectors/branches of economic activity.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 2.4.5 Other
    No data available.
- 2.5 Definition of occupational accident
  Summary/citation: An industrial accident is "the impact on the employee of a harmful and (or) hazardous production factor during performance thereby his job (official) duties or tasks of the employer, resulting in industrial injury, a sudden deterioration in the health or poisoning of the employee, entailing his temporary or permanent disability, occupational disease or death".
  • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 1(63))
- 2.6 Definition of occupational disease
  Summary/citation: An occupational disease is "the chronic or acute disease caused by the impact on the employee of harmful production factors in connection with performance by the employee of his job (official) duties".
  • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 1(53))
  - 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
  No data available.
  Related CEACR Comments
  • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 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.
  Related CEACR Comments
  • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2020
  - 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.
  Related CEACR Comments
  • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2020
  - 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 2015
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 shall provide safe working conditions.
  • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 317, Para. 1, sub-Para. 14)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 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 2015
- 4.3 Collaboration among two or more employers at the same workplace
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 4.4 Surveillance of workers’ health in relation to work
  Summary / Citation: The employer has a duty to arrange, at his/her own expense, for periodic medical examinations and screenings of workers engaged in hard works, works performed under harmful (particularly harmful) and (or) hazardous working conditions, in the manner prescribed by the legislation of the Republic of Kazakhstan.
  • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 312. Para. 1)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 4.4.1 Specific hazards for which surveillance is required
    Summary / Citation: The employer has a duty to arrange, at his/her own expense, for periodic medical examinations and screenings of workers engaged in hard works, works performed under harmful (particularly harmful) and (or) hazardous working conditions, in the manner prescribed by the legislation of the Republic of Kazakhstan.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 312. Para. 1)
- 4.5 Surveillance of the working environment and working practices
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 4.6 Duty to provide personal protective equipment
  Summary / Citation: The employer has a duty to create the necessary sanitary and hygienic conditions for workers, to ensure the delivery and repair of special clothing and footwear for workers, to supply them with means of preventive treatment, detergents and disinfectants, a first aid kit, milk, medicinal and healthy food, personal and collective protective equipment in accordance with the norms established by the Government of the Republic of Kazakhstan.
  • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 317, Para. 1, sub-Para. 6)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 4.7 Duty to ensure the usage of personal protective equipment
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 4.8 Duty to provide first-aid and welfare facilities
  Sometimes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 4.8.1 Arrangements for first-aid
    Summary / Citation: The employer has a duty to create the necessary sanitary and hygienic conditions for workers, to ensure the delivery and repair of special clothing and footwear for workers, to supply them with means of preventive treatment, detergents and disinfectants, a first aid kit, milk, medicinal and healthy food, personal and collective protective equipment in accordance with the norms established by the Government of the Republic of Kazakhstan.
    In case of accident at the workplace, the employer shall arrange the provision of first aid to the injured person and, if necessary, his/her transportation to a healthcare institution.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 317, Para. 1, sub-Para. 6; Art. 323, Para. 1, sub-Para. 1)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 4.8.2 Sanitary installations
    Summary / Citation: The employer has a duty to create the necessary sanitary and hygienic conditions for workers, to ensure the delivery and repair of special clothing and footwear for workers, to supply them with means of preventive treatment, detergents and disinfectants, a first aid kit, milk, medicinal and prophylactic food, personal and collective protective equipment in accordance with the norms established by the Government of the Republic of Kazakhstan.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 317, Para. 1, sub-Para. 6)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 4.8.3 Drinking water
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 4.8.4 Rest and eating areas
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
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
    No data available.
  - 5.1.3 Written risk assessment
    No data available.
  - 5.1.4 Safe operating work systems and procedures
    Summary/citation: The employer has the duty to take measures to prevent any risks in the workplace and in the manufacturing processes, by means of prevention, replacement of manufacturing equipment and technological processes with safer ones.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 317. Para. 1, sub-Para. 1)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 5.1.5 Training and information on risks
    Summary/citation: The employer shall provide workers with training and instructions in occupational safety and health.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 317. Para. 1, sub-Para. 2)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 5.1.6 Review or assessment of the results of preventive measures
    No data available.
  - 5.1.7 Consultation with workers in health and safety
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 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
  No data available.
  - 6.1.1 Requirement to access expert advice and/or support in health and safety
    No data available.
    - 6.1.1.1 Qualifications of experts or professional services
      No data available.
- 6.2 Appointment of an OSH practitioner
  Summary/citation: For the purpose of exercising internal control concerning compliance with the occupational safety and health requirements in undertakings carrying out production activity, with a staff of over 50 workers, the employer shall set up an occupational safety and health service reporting directly to the top manager of the undertaking or a person duly authorized by him.
  When there are less than than 50 workers the employer shall introduce a position for occupational safety and health specialist taking into consideration the specifics of the activities undertaken or entrust the occupational safety and health duties to another specialist.
  • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 339, Para. 1 and 3)
  - 6.2.1 Workforce size threshold for the appointment of OSH practitioners
    Summary/citation: For the purpose of exercising internal control concerning compliance with the occupational safety and health requirements in undertakings carrying out production activity, with a staff of over 50 workers, the employer shall set up an occupational safety and health service reporting directly to the top manager of the undertaking or a person duly authorized by him.
    When there are less than than 50 workers the employer shall introduce a position for occupational safety and health specialist taking into consideration the specifics of the activities undertaken or entrust the occupational safety and health duties to another specialist.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 339, Para. 1 and 3)
7 Workers' rights and duties
- 7.1 Duty to take reasonable steps to protect their own safety and health
  No data available.
- 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, rules and instructions on occupational safety and health, as well as the employer’s requirements on safe performance of work at the workplace.
  • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 315, Para. 5)
- 7.7 Right to enquire about risks and preventive measures
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 7.8 Right to remove themselves from a dangerous situation
  Summary / Citation: The worker has the right to refuse to perform work where there is a danger to his/her health or life, by informing in writing his immediate supervisor or the employer to this effect.
  • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 314, Para. 5)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 7.9 Right to be reassigned to non-hazard work
  No data available.
  - 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.
  Related CEACR Comments
  • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2020
  - 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 2015
- 8.3 Workers’ right to select their representatives for health and safety matters
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 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
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 8.4.1 Right to inspect the workplace
    No data available.
  - 8.4.2 Right to access OSH information
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 8.4.3 Right to be present at interviews
    No data available.
  - 8.4.4 Right to receive professional assistance from OSH experts
    No data available.
  - 8.4.5 Right to accompany inspectors
    No data available.
  - 8.4.6 Right to use facilities
    No data available.
  - 8.4.7 Right to have time off work with pay to perform duties
    No data available.
  - 8.4.8 Right to issue remedial notices
    No data available.
  - 8.4.9 Right to resolve OSH issues in consultation with employers
    No data available.
  - 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
  No data available.
  - 8.5.1 Right to enter the workplace
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 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.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 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
  Summary / Citation: At the initiative of the employer and (or) at the initiative of workers or their representatives the committee (commission) on occupational safety and health may be created. Its structure shall be composed on a parity basis of representatives of employer, representatives of trade union or other authorized representatives of workers.
  • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 339-1, Para. 1)
  - 8.6.1 Participation of workers’ representatives in joint OSH committee
    Summary / Citation: The committee (commission) on occupational safety and health shall be composed on a parity basis of representatives of employer, representatives of trade union or other authorized representatives of workers.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 339-1, Para. 1)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 8.6.2 Conditions for establishing a joint OSH committee
    Summary / Citation: At the initiative of the employer and (or) at the initiative of workers or their representatives the committee (commission) on occupational safety and health may be created.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 339-1, Para. 1)
  - 8.6.3 Objectives, roles and/or functions of joint OSH committees
    Summary / Citation: The committee (commission) on occupational safety and health has the right to organize joint actions of the employer and workers to ensure compliance with the requirements of the occupational safety and health regulations, to prevent occupational injuries and diseases, and also to organize inspections of working conditions and occupational safety and health at workplaces and inform workers of the results of the these inspections and to collect proposals to the section of the collective agreement on occupational safety and health.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 339-1, Para. 2)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 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 2015
- 8.8 Protection against reprisals
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 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 2015
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 2015
- 9.2 Chemical hazards
  Sometimes.
  - 9.2.1 Handling, storage, labelling and use
    Yes.
    • Act of the Republic of Kazakhstan on the Safety of Chemical Products, No. 302-III ZRK of July 21, 2007 (Articles 14 - 21)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 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 2015
  - 9.2.3 Pesticides
    No data available.
- 9.3 Ergonomic hazards
  No data available.
- 9.4 Physical hazards
  Sometimes.
  - 9.4.1 Ionising radiation
    Yes.
    • Government Decree No. 34 of 13 January 2004 to approve the List of illnesses in relation to exposure to ionising radiation and Rules to establish the link with such illnesses (Text No. 18).
    • Act of the Republic of Kazakhstan on Radiation Safety of Population No. 219-1 of 23 April 1998 (Art. 10)
  - 9.4.2 Vibration and noise
    No data available.
    Related CEACR Comments
    • Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) Observation 2009
    • Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) Direct Request 2015
  - 9.4.3 Working at height
    Summary / Citation: Workers shall have means of personal protection to perform work at hazardous production facilities (sites, including at heights, underground conditions, in open chambers, on the shelf of seas and internal waters.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 321, Para. 5)
  - 9.4.4 Working in confined spaces
    No data available.
  - 9.4.5 Risks arising from poor maintenance of workplace facilities
    No data available.
  - 9.4.6 Exposure to extreme temperatures
    No data available.
  - 9.4.7 Fire risks
    Yes.
    • Act of the Republic of Kazakhstan on Fire Safety No. 48-I of 22 November 1996 (Art. 25)
  - 9.4.8 Tobacco
    No data available.
  - 9.4.9 Asbestos
    No data available.
    Related CEACR Comments
    • Asbestos Convention, 1986 (No. 162) Direct Request 2015
  - 9.4.10 Risks related to nanotechnology
    No data available.
  - 9.4.11 Contraction of HIV in the workplace
    No data available.
- 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 2015
  - 9.7.1 Risks related to machinery and tools
    Yes.
    • Act of the Republic of Kazakhstan on Safety of Machinery and Equipment, No. 305-III ZRK of July 21, 2007 (Art. 7)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 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: Design, construction and reconstruction of production buildings and structures, development and use of technologies, design and manufacture of machines, mechanisms and equipment not meeting the requirements of occupational safety and health are prohibited.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 320, Para. 1)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 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 2015
  - 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated
    Summary / Citation: Working equipment shall comply with the safety standards required for the given type of equipment, bear appropriate signs, technical passports (certificate), and warnings and be provided with guards or protective devices to ensure safety of workers at workplaces.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 321, Para. 2)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 9.7.5 Maintenance of machinery and equipment
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
    - 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 2015
- 9.8 Provisions to protect workers in specific condition of vulnerability
  Yes.
  - 9.8.1 Protection of pregnancy at work
    Summary / Citation: The employer shall, on the basis of a medical opinion, transfer a pregnant woman to another work excluding any effect of harmful and (or) hazardous production factors, while preserving the average salary.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 191)
    Related CEACR Comments
    • Maternity Protection Convention, 2000 (No. 183) Direct Request 2015
  - 9.8.2 Protection of lactating women at work
    Summary / Citation: In addition to rest and meal breaks, shift breaks and special breaks, women with children up to the age of one and a half years and fathers (adoptive parents) bringing up children up to the age of one and a half years without a mother shall be granted additional breaks for child feeding at least once every three working hours.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 188)
    Related CEACR Comments
    • Maternity Protection Convention, 2000 (No. 183) Direct Request 2015
  - 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts
    Summary / Citation: It is prohibited to engage women to perform hard work, work under harmful (particularly harmful) and (or) hazardous working conditions according to the List of works in which the employment of women is forbidden.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 186)
  - 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 hard work or to work under harmful (particularly harmful) and (or) hazardous working conditions, as well as to perform work that might be detrimental to their health and moral development (the gambling business, work in night-time entertainment establishments, production, transportation of and trading in alcoholic products, tobacco goods, narcotics, psychotropic substances and precursors).
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 179)
    Related CEACR Comments
    • Minimum Age Convention, 1973 (No. 138) Observation 2015
    • Minimum Age Convention, 1973 (No. 138) Direct Request 2018
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 2015
  - 10.1.1 Work-related accidents
    Summary / Citation: "State policy in the sphere of labour protection and labour safety is orientated on (...) establishment of a unified procedure for registering industrial accidents and occupational diseases."
    (Art. 306(6)
    
    The employer has the duty to register, record and analyse occupational accidents and occupational diseases.
    (Art. 317(1)(9), 323(1)(7))
    
    The employer shall provide for investigation of industrial accidents and record them.
    (Art. 323(1)(5))
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Arts. 306(6), 323, Para. 1, sub-Para. 7)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 10.1.2 Near miss incidents
    No data available.
  - 10.1.3 Occupational diseases
    Summary / Citation: "State policy in the sphere of labour protection and labour safety is orientated on (...) establishment of a unified procedure for registering industrial accidents and occupational diseases."
    (Art. 306(6))
    
    The employer has the duty to register, record and analyse occupational accidents and occupational diseases.
    (Art. 317(1)(9), 323(1)(7))
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 323, Para. 1, sub-Para. 7)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health
  Summary / Citation: The employer shall immediately inform of any occupational accident to territorial subdivisions of the state labour inspectorate under the authorized state agency on labour, in the form established by the authorized state agency on labour.
  The employer shall inform the local division of the authorized state agency in the field of sanitary and epidemiological welfare of the population of cases of occupational disease or poisoning, in the form established by the authorized state agency on labour.
  • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 323, Para. 2, sub-Para. 1,Art. 323, Para. 2, sub-Para. 3)
  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2021
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2015
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
11 OSH inspection and enforcement of OSH legislation
- 11.1 Appointment of OSH inspectors
  Summary / Citation: State control over compliance with labour legislation of the Republic of Kazakhstan in the undertakings shall be exercised by state labour inspectors. One of the chief tasks of the state labour inspectorate is ensuring respect for and protection of the rights and freedoms of workers, including the right to safe working conditions.
  • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 328, Para. 1 and Art. 329)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 11.2 OSH inspectors’ powers
  Sometimes.
  - 11.2.1 Power to enter workplaces
    Summary / Citation: In exercising state control over observance of the labour legislation of the Republic of Kazakhstan, state labour inspectors have the right to visit freely organizations and undertakings.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 330, Para. 1)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2021
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2015
  - 11.2.2 Power to inspect and carry out any examination, test or enquiry
    Summary / Citation: In exercising state control over observance of the labour legislation of the Republic of Kazakhstan, state labour inspectors have the right:
    - to request and receive from employers documents, explanations and information which are necessary for performance of their assigned functions;
    - to take for analysis samples of special clothing, materials and substances used or handled, notifying the employer (his representative) to this effect and drawing up a relevant report.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 330, Parag.. 2 and 7)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2021
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2015
  - 11.2.3 Power to investigate
    Summary / Citation: In exercising state control over observance of the labour legislation of the Republic of Kazakhstan, state labour inspectors have the right:
    - to request and receive from employers documents, explanations and information which are necessary for performance of their assigned functions;
    - to take for analysis samples of special clothing, materials and substances used or handled, notifying the employer (his representative) to this effect and drawing up a relevant report.
    
    In exercising state control over observance of the labour legislation of the Republic of Kazakhstan, state labour inspectors shall have the right to investigate industrial accidents in the prescribed manner.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 330, Parag.. 2 and 7, Art. 330, Para. 8)
  - 11.2.4 Duty to provide advice on OSH
    No data available.
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2021
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2015
- 11.3 OSH inspectors’ enforcement powers
  Sometimes.
  - 11.3.1 Power to issue orders or notices
    Summary / Citation: In exercising state control over observance of the labour legislation of the Republic of Kazakhstan, state labour inspectors shall have the right to issue orders and conclusions which are mandatory for execution by employers.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 330, Para. 3)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2021
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2015
  - 11.3.2 Power to impose financial penalties
    Summary / Citation: In exercising state control over observance of the labour legislation of the Republic of Kazakhstan, state labour inspectors have the right to draw up reports and resolutions on administrative offences and to impose administrative penalties.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 330, Para. 3)
  - 11.3.3 Power to revoke or suspend licenses or authorisations
    No data available.
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2021
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2015
  - 11.3.4 Power to require the cessation of dangerous work
    Summary / Citation: In exercising state control over observance of the labour legislation of the Republic of Kazakhstan, state labour inspectors have the right to suspend (prohibit) the activities of undertakings, individual production units, workshops, sites and workplaces and the operation of equipment and mechanisms in case of identifying that they do not meet the requirements of the laws and regulations on occupational safety and health for a period of no more than three days, with mandatory submission in due time of the statement of claim to the courts.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 330, Para. 5)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2021
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2015
  - 11.3.5 Power to initiate prosecutions
    Summary / Citation: In exercising state control over observance of the labour legislation of the Republic of Kazakhstan, state labour inspectors have the right to submit to the relevant law-enforcement agencies and courts information, statements of claim and other materials on violations of the labour legislation of the Republic of Kazakhstan and failure by employers to execute orders of state labour inspectors.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 330, Para. 10)
  - 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 20 monthly calculation indices;
    • Maximum financial penalty for corporations is 100 monthly calculation indices;
    Violation by an employer or an official of the labour legislation of the Republic of Kazakhstan, not resulting in an occupational accident, shall be punished with a fine imposed on legal entities which are small or medium-sized enterprises or non-profit organizations, in the amount from 20 to 40 monthly calculation indices, and on legal entities which are big enterprises, in the amount from 50 to 100 monthly calculation indices.
    • Code of the Republic of Kazakhstan on Administrative Offences (Art. 89)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 11.4.2 Financial penalties for natural persons
    Summary / Citation: • Minimum financial penalty for individuals is 20 monthly calculation indices;
    • Maximum financial penalty for individuals is 500 monthly calculation indices;
    Violation by an employer or an official of the labour legislation of the Republic of Kazakhstan, not resulting in an occupational accident, shall be punished by a fine on officials and individual entrepreneurs, in the amount from 20 to 40 monthly calculation indices.
    Violation of regulations on safety precautions, industrial hygiene or other rules of occupational safety and health committed by a person, who was responsible for organizing or ensuring compliance with those rules, which by negligence entailed infliction of severe harm to health, shall be punished by a fine in an amount from 200 up to 500 monthly calculation indices.
    • Code of the Republic of Kazakhstan on Administrative Offences (Art. 89)
    • Law No. 167 of 16 July 1997 to adopt the Criminal Code (as amended). (Art. 152)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 11.4.3 Non-financial sanctions
    Summary / Citation: In exercising state control over observance of the labour legislation of the Republic of Kazakhstan, state labour inspectors have the right to suspend (prohibit) the activities of undertakings, individual production units, workshops, sites and workplaces and the operation of equipment and mechanisms in case of identifying that they do not meet the requirements of the laws and regulations on occupational safety and health for a period of no more than three days, with mandatory submission in due time of the statement of claim to the courts.
    • Labour Code of the Republic of Kazakhstan No. 251 of 15 May 2007. (Art. 330, Para. 5)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 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.
    • Law No. 167 of 16 July 1997 to adopt the Criminal Code (as amended). (Art. 101)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 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 up to 5 years;
    Violation of regulations on safety precautions, industrial hygiene or other rules of occupational safety and health committed by a person, who was responsible for organizing or ensuring compliance with those rules, which by negligence entailed infliction of severe harm to health, shall be punished with a fine, with correctional labour, or with imprisonment for a term of up to 2 years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.
    The same act which entailed by negligence the death of a person, shall be punished with imprisonment for a term of up to 5 years with or without deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.
    • Law No. 167 of 16 July 1997 to adopt the Criminal Code (as amended). (Art. 48, Art. 152)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

Kazakhstan - 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