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Occupational Safety and Health (OSH)

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Kyrgyzstan - 2013

Themes

1 Description of national OSH regulatory framework
- 1.1 Description of OSH regulatory framework
  Summary/citation: The Labour Code of August 4, 2004 and the Occupational Safety and Health Act of August 1, 2003 are the main laws of Kyrgyzstan on occupational safety and health. The aim of the Labour Code is the establishment of guarantees of labour rights and freedoms of citizens, creating favourable working conditions, protection of the rights and interests of workers and employers. According to the Labour Code, one of the principles of the labour legislation of Kyrgyzstan is to ensure the right to work in conditions that meet safety and health requirements. Chapter 17 of the Labour Code is dedicated to occupational safety and health. The OSH Act supplements the occupational safety and health provisions of the Labour Code and provides the legal framework for the regulation of relations in the field of occupational safety and health between employers and workers. It also lays down the rights of labour inspectors.
  
  Legal provisions on protection of workers from specific occupational hazards are contained in various separate legislative enactments such as: the "Act on Radiation Safety of the Population” or the "Act on Fire Safety”.
  
  The Code on Administrative Responsibility and the Criminal Code of Kyrgyzstan provide for penalties for violations of the laws and regulations on occupational safety and health.
  • Occupational safety and health country profile: Kyrgyzstan
  • Law No. 224 of 29 November 2011 on Technical Regulations concerning Radiation Safety.
  • Labour Code of the Republic of Kyrgyzstan of 4 August 2004 (Text No. 106).
  • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508).
  • Act of the Kyrgyz Republic on Radiation Safety of the Population of the Kyrgyz Republic, No. 58, of June 17, 1999
  • Code of administrative responsibility of Kyrgyz Republic of 4 August 1998 (No. 114 of 1998) (Official Gazette 1999, No. 2, p. 77).
  • Penal Code of the Kyrgyz Republic of 1 October 1997.
  • Act of the Kyrgyz Republic on Fire Safety, No. 22 of June 17, 1996
2 Scope, coverage and exclusions
- 2.1 Health and safety covers physical and psychological health
  No data available.
- 2.2 Definition of worker
  Summary/citation: The worker is an individual who has entered into labour relations with the employer.
  • Labour Code of the Republic of Kyrgyzstan of 4 August 2004 (Text No. 106). (Art. 18)
  - 2.2.1 Coverage of particular categories of workers
    Sometimes.
    - 2.2.1.1 Migrant workers
      Summary/citation: Foreign citizens and stateless persons working in undertakings, which are under jurisdiction of the Kyrgyz Republic, are covered by the scope of the legislation on occupational safety and health, unless otherwise provided by an international agreement.
      • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 2)
    - 2.2.1.2 Domestic workers
      No data available.
    - 2.2.1.3 Home workers
      No data available.
    - 2.2.1.4 Self-employed persons
      No data available.
- 2.3 Definition of employer
  Summary/citation: The employer is an individual or a legal entity (an undertaking), who has entered into labour relations with a worker.
  • Labour Code of the Republic of Kyrgyzstan of 4 August 2004 (Text No. 106). (Art. 18)
- 2.4 Exclusion of branches of economic activity
  No.
  - 2.4.1 Agriculture
    Summary/citation: The OSH legislation exempts no sectors/branches of economic activity.
    • Labour Code of the Republic of Kyrgyzstan of 4 August 2004 (Text No. 106).
    Related CEACR Comments
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2018
  - 2.4.2 Construction
    Summary/citation: The OSH legislation exempts no sectors/branches of economic activity.
    The Law No. 202 of 16 November 2013 providing the Technical Regulations for Industrial Safety has the following structure:
    Chapter I: General Provisions
    Chapter II: Principles of Industrial Safety
    Chapter III: Assessment of the Conformity of the Processes of Design, Construction, Exploitation, Expansion, Reconstruction, Technical Modernization, Preservation and Liquidation of Hazardous Materials Production Sites
    Chapter IV: Final and Transitional Provisions
    It repeals the Law of the Republic of Kyrgyzstan on Industrial Safety on Dangerous Production Sites (Gazette of Jogorku Kenesh of the Republic of Kyrgyzstan, 2001, No.10, p.374).
    • Law No. 202 of 16 November 2013 providing the Technical Regulations for Industrial Safety.
    • Law No. 18 of 29 January 2010 on Technical Regulation "Safety of Building Materials, Components and Structures".
    • Labour Code of the Republic of Kyrgyzstan of 4 August 2004 (Text No. 106).
  - 2.4.3 Services
    Summary/citation: The OSH legislation exempts no sectors/branches of economic activity.
    • Labour Code of the Republic of Kyrgyzstan of 4 August 2004 (Text No. 106).
  - 2.4.4 Public sector
    Summary/citation: The OSH legislation exempts no sectors/branches of economic activity.
    • Labour Code of the Republic of Kyrgyzstan of 4 August 2004 (Text No. 106).
  - 2.4.5 Other
    Summary/citation: The OSH legislation exempts no sectors/branches of economic activity.
    • Labour Code of the Republic of Kyrgyzstan of 4 August 2004 (Text No. 106).
- 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: State administration of occupational safety and health in the Kyrgyz Republic is carried out by the Government of the Kyrgyz Republic, local state administrations, local bodies of self-government and specially authorized state agencies.
  • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 5)
  - 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
  Summary/citation: The main directions of the national policy in the field of occupational safety and health include the adoption and implementation of OSH laws and regulations of the Kyrgyz Republic, as well as national and territorial target programs for improvement of working conditions and occupational safety and health.
  • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 4)
  - 3.3.1 Consultation on the national OSH programme
    No data available.
4 Employers’ duties and responsibilities to protect the safety and health of workers and others
- 4.1 Duty to ensure the health and safety of employees
  Summary/citation: The employer has de duty to ensure occupational safety and health in the undertaking.
  • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 11)
- 4.2 Duty to protect the health and safety of people other than their own employees
  No data available.
- 4.3 Collaboration among two or more employers at the same workplace
  No data available.
- 4.4 Surveillance of workers’ health in relation to work
  Summary / Citation: The employer, at his own expense, shall ensure workers undergo compulsory preliminary (upon recruitment) and periodic (post recruitment) medical examinations (surveys). In addition, workers shall undergo extraordinary medical examinations (surveys) at their request, according to medical recommendations while preserving their place of work (position) and the average salary for the period of undergoing the medical examinations as established by the legislation of the Kyrgyz Republic.
  • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 11)
  - 4.4.1 Specific hazards for which surveillance is required
    Summary / Citation: The list of occupational hazards, and types of works, positions and professions, the performance of which require specific medical examinations, are to be established as well as their procedures, by the authorized government body of health care in coordination with the authorized government body in the field of labour and with trade unions.
    • Labour Code of the Republic of Kyrgyzstan of 4 August 2004 (Text No. 106). (Art. 220)
- 4.5 Surveillance of the working environment and working practices
  No data available.
- 4.6 Duty to provide personal protective equipment
  Summary / Citation: The employer, at his own expense, is obliged to provide, workers engaged in works with harmful or dangerous working conditions, or in works carried out in extreme temperatures or related to contamination, with special clothing, special footwear and other personal protective equipment, milk and other equivalent food, as well as means for rinsing and rendering personal protective equipment harmless, in accordance with established standards.
  • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 11)
  Related CEACR Comments
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2020
- 4.7 Duty to ensure the usage of personal protective equipment
  Summary / Citation: The employer is obliged to ensure the usage of personal and collective protective equipment of workers.
  • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 11)
- 4.8 Duty to provide first-aid and welfare facilities
  Yes.
  - 4.8.1 Arrangements for first-aid
    Summary / Citation: The employer is obliged to take measures to prevent emergencies, save the lives and protect health of workers in the event of such situations, including through provision of first aid to the victims of occupational accidents.
    • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 11)
  - 4.8.2 Sanitary installations
    Summary / Citation: Depending on the type of activity of an undertaking, and taking into account the needs of workers, the employer shall provide with sanitary facilities, which include dressing rooms, toilets, shower rooms, rooms of personal hygiene for women and first aid points in case of an accident or illness in the workplace.
    • Labour Code of the Republic of Kyrgyzstan of 4 August 2004 (Text No. 106). (Art. 217)
    Related CEACR Comments
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2020
  - 4.8.3 Drinking water
    Summary / Citation: Depending on the type of activity of an undertaking, and taking into account the needs of workers, the employer shall provide workers with drinking water.
    • Labour Code of the Republic of Kyrgyzstan of 4 August 2004 (Text No. 106). (Art. 217)
    Related CEACR Comments
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2020
  - 4.8.4 Rest and eating areas
    Summary / Citation: Depending on the type of activity of an undertaking, and taking into account the needs of workers, the employer shall organize meals for the workers, and also provide the undertaking with rest and eating areas.
    • Labour Code of the Republic of Kyrgyzstan of 4 August 2004 (Text No. 106). (Art. 217)
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: If an occupational safety and health service (occupational safety and health officer) does not exist in an undertaking, the employer shall conclude a contract with experts or with companies providing services in the field of occupational safety and health.
    In order to ensure compliance with requirements of occupational safety and health and control over its implementation, in every undertaking performing manufacturing activity with more than 50 workers, an occupational safety and health service shall be set up or an occupational safety and health officer, with adequate training or experience in this field, shall be appointed.
    • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 9)
  - 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 ensure the safety of workers when operating with buildings, installations, equipment, and raw materials used in the production, and also in the execution of technological processes.
    • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 11)
  - 5.1.5 Training and information on risks
    Summary/citation: The employer shall make sure that workers are informed of working conditions and occupational safety and health measures at the workplace, of any existing risk of injury to health and means of personal protection, and of compensations which they are entitled to receive.
    All persons taking up a job and workers being transferred to another job shall be instructed by the employer (or an authorized person) on occupational safety and health, or provided training to teach them to use safe working methods and techniques as well as how to give first aid to victims.
    • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Articles 11 and 15)
  - 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
    Summary/citation: Social control over observance of the rights and legitimate interests of workers in the field of occupational safety and health is carried out by trade unions and other representative bodies authorized by workers, which have the right to create, for this purpose, a technical labour inspection, and also to elect authorized (entrusted) persons on occupational safety and health of trade unions and other representative bodies.
    • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 19)
- 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: If an occupational safety and health service (occupational safety and health officer) does not exist in an undertaking, the employer shall conclude a contract with experts or with companies providing services in the field of occupational safety and health.
    • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 9)
    - 6.1.1.1 Qualifications of experts or professional services
      No data available.
- 6.2 Appointment of an OSH practitioner
  Summary/citation: If an occupational safety and health service (occupational safety and health officer) does not exist in an undertaking, the employer shall conclude a contract with experts or with companies providing services in the field of occupational safety and health.
  In order to ensure compliance with requirements of occupational safety and health and control over their implementation, in every undertaking performing manufacturing activity with more than 50 workers, an occupational safety and health service shall be set up or an occupational safety and health officer, with adequate training or experience in this field, shall be appointed.
  • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 9)
  - 6.2.1 Workforce size threshold for the appointment of OSH practitioners
    Summary/citation: In order to ensure compliance with requirements of occupational safety and health and control over their implementation, in every undertaking performing manufacturing activity with more than 50 workers, an occupational safety and health service shall be set up or an occupational safety and health officer, with adequate training or experience in this field, shall be appointed.
    • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 9)
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 requirements of the laws and regulations on occupational safety and health, and to observe the internal work rules established by the employer.
  • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 12)
- 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 requirements of the laws and regulations on occupational safety and health, and to observe the internal work rules established by the employer.
  • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 12)
- 7.7 Right to enquire about risks and preventive measures
  Summary / Citation: Every worker has the right to receive from the employer, relevant state agencies and public organizations, true information on the working conditions and occupational safety and health in the workplace, any existing risk of injury to health, as well as on protective measures against the impact of occupational hazards.
  • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 6)
- 7.8 Right to remove themselves from a dangerous situation
  Summary / Citation: Every worker has the right to refuse to perform a work when there is a danger to his life and health due to violation of requirements of occupational safety and health, except for the cases provided by the legislation of the Kyrgyz Republic, until the danger is eliminated.
  • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 6)
- 7.9 Right to be reassigned to non-hazard work
  Summary / Citation: If the worker refuses to perform a work in the event of a danger to his life and health, except for the cases provided by the legislation of the Kyrgyz Republic, the employer shall grant the worker another work, until such a danger is eliminated.
  • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 7)
  - 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work
    Summary / Citation: If it is impossible to provide another work for objective reasons, the downtime of the worker until the elimination of a danger to his life and health, shall be paid by the employer in accordance with the legislation of the Kyrgyz Republic.
    • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 7)
8 Consultation, collaboration and co-operation with workers and their representatives
- 8.1 National OSH committee, commission, council or similar body
  No data available.
  - 8.1.1 Objectives, roles and/or functions
    No data available.
  - 8.1.2 Constitution and chairmanship modalities
    No data available.
- 8.2 Employers’ duty to consult workers on risks
  Summary / Citation: Social control over observance of the rights and legitimate interests of workers in the field of occupational safety and health is carried out by trade unions and other representative bodies authorized by workers, which have the right to create, for this purpose, a technical labour inspection, and also to elect authorized (entrusted) persons on occupational safety and health of trade unions and other representative bodies.
  • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 19)
- 8.3 Workers’ right to select their representatives for health and safety matters
  Summary / Citation: Social control over observance of the rights and legitimate interests of workers in the field of occupational safety and health is carried out by trade unions and other representative bodies authorized by workers, which have the right to create, for this purpose, a technical labour inspection, and also to elect authorized (entrusted) persons on occupational safety and health of trade unions and other representative bodies.
  • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 19)
  - 8.3.1 Workforce size conditions for workers’ representation in health and safety
    No data available.
  - 8.3.2 Conditions of eligibility to represent workers in health and safety
    No data available.
- 8.4 OSH representatives’ functions, rights and powers
  Sometimes.
  - 8.4.1 Right to inspect the workplace
    Summary / Citation: Trade unions represented by their appropriate bodies and other representative bodies authorized by workers, have the right to exercise control over compliance by employers with the legislation on occupational safety and health.
    • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 19)
  - 8.4.2 Right to access OSH information
    Summary / Citation: Trade unions represented by their appropriate bodies and other representative bodies authorized by workers, have the right to receive information from managers and other officers of undertakings on working conditions and occupational safety and health, and also about all occupational accidents and occupational diseases.
    • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 19)
  - 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
    Summary / Citation: Trade unions, represented by their appropriate bodies and other representative bodies authorized by workers, have the right to present to employers obligatory representations to eliminate revealed violations of occupational safety and health regulations.
    • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 19)
  - 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
    Summary / Citation: Trade unions, represented by their appropriate bodies and other representative bodies authorized by workers, have the right to make a proposal to the bodies of state supervision and control over compliance with occupational safety and health, about suspension of works in the event of a danger to the life and health of workers.
    • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 19)
- 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
    No data available.
  - 8.5.2 Right to investigate suspected non-compliance with OSH legislation
    No data available.
  - 8.5.3 Right to consult with workers
    No data available.
  - 8.5.4 Right to advise workers
    No data available.
  - 8.5.5 Right to initiate enforcement action
    Summary / Citation: Trade unions, represented by their appropriate bodies and other representative bodies authorized by workers, have the right to appeal to the relevant authorities, with requirements of bringing to justice the persons responsible for violation of occupational safety and health requirements, as well as concealment of facts on occupational accidents.
    • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 19)
- 8.6 Joint OSH Committee
  No data available.
  - 8.6.1 Participation of workers’ representatives in joint OSH committee
    No data available.
  - 8.6.2 Conditions for establishing a joint OSH committee
    No data available.
  - 8.6.3 Objectives, roles and/or functions of joint OSH committees
    No data available.
  - 8.6.4 Keeping record of the work of joint OSH committees
    No data available.
  - 8.6.5 Sharing the minutes of joint OSH committees meetings
    No data available.
- 8.7 Mandatory training for members of joint OSH committee(s)
  No data available.
- 8.8 Protection against reprisals
  No data available.
- 8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties
  No data available.
9 Specific hazards or risks
- 9.1 Biological hazards
  No data available.
- 9.2 Chemical hazards
  Sometimes.
  - 9.2.1 Handling, storage, labelling and use
    No data available.
    Related CEACR Comments
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2018
  - 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users
    Summary / Citation: Plants, machinery, and other production equipment, vehicles, technological processes, materials and chemical substances, personal and collective protective equipment of workers, including foreign production shall comply with occupational safety and health requirements established in the Kyrgyz Republic, and have certificates of conformity.
    • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 13)
  - 9.2.3 Pesticides
    No data available.
    Related CEACR Comments
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2018
- 9.3 Ergonomic hazards
  No data available.
  Related CEACR Comments
  • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2018
- 9.4 Physical hazards
  Sometimes.
  - 9.4.1 Ionising radiation
    Yes.
    • Law No. 224 of 29 November 2011 on Technical Regulations concerning Radiation Safety.
    • Act of the Kyrgyz Republic on Radiation Safety of the Population of the Kyrgyz Republic, No. 58, of June 17, 1999 (Art. 13)
    Related CEACR Comments
    • Radiation Protection Convention, 1960 (No. 115) Direct Request 2018
  - 9.4.2 Vibration and noise
    No data available.
    Related CEACR Comments
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2020
    • Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) Observation 2012
    • Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) Direct Request 2018
  - 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 2020
  - 9.4.6 Exposure to extreme temperatures
    No data available.
    Related CEACR Comments
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2020
  - 9.4.7 Fire risks
    Yes.
    • Act of the Kyrgyz Republic on Fire Safety, No. 22 of June 17, 1996 (Art. 9)
  - 9.4.8 Tobacco
    Yes.
    • Law No. 316 of 21 August 2006 on Protection of Citizens' Health from Negative Effects of Tobacco [consolidation, 25 December 2009].
  - 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.
    • Decree No. 498 of 6 July 2006 approving State Programme on prevention of HIV/AIDS epidemic.
- 9.5 Psychosocial hazards
  No data available.
  - 9.5.1 Psychosocial risks
    No data available.
  - 9.5.2 Occupational violence
    No data available.
- 9.6 Other hazardous substances
  Summary / Citation: The Law No. 202 of 16 November 2013 providing the Technical Regulations for Industrial Safety has the following structure:
  Chapter I: General Provisions
  Chapter II: Principles of Industrial Safety
  Chapter III: Assessment of the Conformity of the Processes of Design, Construction, Exploitation, Expansion, Reconstruction, Technical Modernization, Preservation and Liquidation of Hazardous Materials Production Sites
  Chapter IV: Final and Transitional Provisions
  It repeals the Law of the Republic of Kyrgyzstan on Industrial Safety on Dangerous Production Sites (Gazette of Jogorku Kenesh of the Republic of Kyrgyzstan, 2001, No.10, p.374).
  • Law No. 202 of 16 November 2013 providing the Technical Regulations for Industrial Safety.
- 9.7 Machineries
  Sometimes.
  - 9.7.1 Risks related to machinery and tools
    No data available.
    Related CEACR Comments
    • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2020
  - 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries
    Summary / Citation: The projects of construction and reconstruction of production objects, as well as of plants, machinery and other production equipment, as well as technological processes shall comply with requirements of occupational safety and health.
    • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 13)
    Related CEACR Comments
    • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2020
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2018
  - 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information
    No data available.
    Related CEACR Comments
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2018
    • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2020
  - 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated
    Summary / Citation: Plants, machinery, and other production equipment, vehicles, technological processes, materials and chemical substances, personal and collective protective equipment of workers, including foreign production, shall comply with occupational safety and health requirements established in the Kyrgyz Republic, and have certificates of conformity.
    • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 13)
    Related CEACR Comments
    • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2020
  - 9.7.5 Maintenance of machinery and equipment
    No data available.
    Related CEACR Comments
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2018
    - 9.7.5.1 List of equipment where applicable
      No data available.
- 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, service standards shall be reduced for pregnant women, in accordance with a medical report and upon their request, or they shall be transferred to another work which reduces occupational hazards with reservation of average salary from the previous work.
    • Labour Code of the Republic of Kyrgyzstan of 4 August 2004 (Text No. 106). (Art. 306)
    Related CEACR Comments
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2018
  - 9.8.2 Protection of lactating women at work
    Summary / Citation: Besides normal breaks, the working women who have children under of 1.5 years, shall be granted additional breaks of 30 minutes each, to feed the child (or children) in not less than every three hours of continuous work.
    • Labour Code of the Republic of Kyrgyzstan of 4 August 2004 (Text No. 106). (Art. 309)
    Related CEACR Comments
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2018
  - 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts
    Summary / Citation: It is prohibited to employ women and persons younger than eighteen years in labour intensive works and works with harmful or dangerous working conditions.
    • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 8)
    Related CEACR Comments
    • Underground Work (Women) Convention, 1935 (No. 45) Direct Request 2020
  - 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age
    Summary / Citation: It is prohibited to employ women and persons younger than eighteen years in labour intensive works and works with harmful or dangerous working conditions.
    • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 8)
    Related CEACR Comments
    • Minimum Age Convention, 1973 (No. 138) Observation 2020
    • Minimum Age Convention, 1973 (No. 138) Direct Request 2020
    • Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79) Direct Request 2012
10 Recording, notification and investigation of accidents/incidents and diseases
- 10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases
  Sometimes.
  - 10.1.1 Work-related accidents
    Summary / Citation: The employer, together with the representatives of trade unions or any other representative body of the workers of the undertaking and, in statutory cases, together with representatives of specially authorized bodies and other interested persons, shall in good time and properly, investigate and record occupational accidents, occupational diseases, take the necessary measures to eliminate their causes and provide material and other support to victims or members of the family of the deceased.
    • Labour Code of the Republic of Kyrgyzstan of 4 August 2004 (Text No. 106). (Art. 223)
  - 10.1.2 Near miss incidents
    No data available.
  - 10.1.3 Occupational diseases
    Summary / Citation: The employer, together with the representatives of trade unions or any other representative body of the workers of the undertaking and, in statutory cases, together with representatives of specially authorized bodies and other interested persons, shall in good time and properly, investigate and record occupational accidents, occupational diseases, take the necessary measures to eliminate their causes and provide material and other support to victims or members of the family of the deceased.
    • Labour Code of the Republic of Kyrgyzstan of 4 August 2004 (Text No. 106). (Art. 223)
- 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health
  Summary / Citation: The employer is obliged to report immediately of a group accident, a severe accident or a fatal accident to the State Labour Inspectorate and to other appropriate authorities.
  • Labour Code of the Republic of Kyrgyzstan of 4 August 2004 (Text No. 106). (Art. 223)
  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2020
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
11 OSH inspection and enforcement of OSH legislation
- 11.1 Appointment of OSH inspectors
  Summary / Citation: The state supervision and control over compliance with requirements of occupational safety and health are exercised by the bodies of the State Labour Inspectorate of the Kyrgyz Republic.
  • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 17)
- 11.2 OSH inspectors’ powers
  Yes.
  - 11.2.1 Power to enter workplaces
    Summary / Citation: The state labour inspectors, in performance of their duties have the power, upon presentation of proper credentials, to enter freely to carry out inspection in an undertaking of all organizational and legal forms, including foreign undertakings.
    • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 17)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2020
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  - 11.2.2 Power to inspect and carry out any examination, test or enquiry
    Summary / Citation: The state labour inspectors, in performance of their duties, have the right to take for purposes of analysis, samples of materials and substances used or handled, to request and receive, at no cost from the managers and other officials of undertakings, executive power authorities, local authorities, and employers, documents, explanations, information which are necessary for carrying out supervisory and control functions.
    • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 17)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2020
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  - 11.2.3 Power to investigate
    Summary / Citation: The state labour inspectors, when performing their duties, have the right to investigate, in accordance with established procedures, occupational accidents.
    • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 17)
  - 11.2.4 Duty to provide advice on OSH
    Summary / Citation: In accordance with assigned tasks, the bodies of the State Labour Inspectorate, are empowered to provide employers and workers with information and advice on questions of compliance with laws and regulations on labour issues and occupational safety and health.
    • Labour Code of the Republic of Kyrgyzstan of 4 August 2004 (Text No. 106). (Art. 401)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2020
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
- 11.3 OSH inspectors’ enforcement powers
  Sometimes.
  - 11.3.1 Power to issue orders or notices
    Summary / Citation: The state labour inspectors, when performing their duties, have the right to present to managers and other officials of undertakings obligatory for execution, injunctions on elimination of violations of the legislation on occupational safety and health, to bring perpetrators of these violations to disciplinary responsibility or to remove them from office in accordance with established procedures.
    • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 17)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2020
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  - 11.3.2 Power to impose financial penalties
    Summary / Citation: The state labour inspectors, when performing their duties, have the right to bring to administrative responsibility, as established by the legislation of the Kyrgyz Republic, the persons guilty of violation of the requirements of occupational safety and health.
    • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 17)
  - 11.3.3 Power to revoke or suspend licenses or authorisations
    No data available.
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2020
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  - 11.3.4 Power to require the cessation of dangerous work
    Summary / Citation: The state labour inspectors, when performing their duties, have the right to cease, as established by law, the work of undertakings, individual production divisions, and equipment, at identification of violations of requirements of occupational safety and health, which create a threat to the life and health of workers, until specified violations have been eliminated.
    • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 17)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2020
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  - 11.3.5 Power to initiate prosecutions
    Summary / Citation: The state labour inspectors, when performing their duties, have the right to bring, if necessary, the persons guilty of violating requirements of occupational safety and health, to the labour inspectorate in connection with cases and materials under process, and also to send to law enforcement agencies materials to bring the specified persons to criminal responsibility.
    • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 17)
  - 11.3.6 Power to conduct prosecutions
    No data available.
  - 11.3.7 Other enforcement powers
    Summary / Citation: The state labour inspectors, when performing their duties, have the right:
    - to discharge from work the persons who did not undergo, in accordance with established procedures, training in safe methods and techniques of performing works, instruction in occupational safety and health, and training at workplaces;
    - to prohibit the use and production of personal and collective protective equipment of workers which do not have certificates of conformity or do not meet the requirements of occupational safety and health.
    • Act No. 167 of 1 August 2003 on Labour Protection (Occupational Safety and Health) (Text No. 508). (Art. 17)
- 11.4 Application of sanctions by courts
  Sometimes.
  - 11.4.1 Financial penalties for legal persons
    No data available.
  - 11.4.2 Financial penalties for natural persons
    Summary / Citation: • Minimum financial penalty for individuals is 20 calculation indexes;
    • Maximum financial penalty for individuals is 30 calculation indexes;
    Violation by the employer of the legislation on occupational safety and health, expressed in non-fulfilment or inadequate fulfilment of duties to create for workers healthy and safe working conditions, to introduce means and technologies that comply with sanitary and hygienic norms and requirements of standards on occupational safety and health entails imposing an administrative penalty from 20 to 30 calculation indexes.
    Violation of safety precautions, industrial sanitary rules or other rules on occupational safety and health by a person responsible for observation of safety precautions resulting in a less severe damage to health is punished with a fine in the amount of up to 30 calculation indexes.
    • Code of administrative responsibility of Kyrgyz Republic of 4 August 1998 (No. 114 of 1998) (Official Gazette 1999, No. 2, p. 77). (Art. 71)
    • Penal Code of the Kyrgyz Republic of 1 October 1997. (Art. 142)
  - 11.4.3 Non-financial sanctions
    Summary / Citation: Imprisonment imposed for violation of safety precautions, industrial sanitary rules or other rules on occupational safety and health by a person responsible for the observation of safety precautions resulting in severe consequences may be accompanied by the revocation of the right to hold certain positions or to be engaged in certain activities for up to 3 years.
    • Penal Code of the Kyrgyz Republic of 1 October 1997. (Arts. 49 and 142)
  - 11.4.4 Criminal liability
    Summary / Citation: There is a possibility of prosecution under the criminal law for the crime of manslaughter (causing death by negligence) as a result of improper fulfilment by a person of his or her professional duties.
    • Penal Code of the Kyrgyz Republic of 1 October 1997. (Art. 101)
  - 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 5 years;
    Violation of safety precautions, industrial sanitary rules or other rules on occupational safety and health by a person responsible for observation of safety precautions resulting in a less severe damage to health shall be sentenced with a fine, or with up to 2 years of imprisonment.
    The same act resulting in severe consequences shall be sentenced by 2 to 5 years of imprisonment with or without revocation of the right to hold certain positions or be engaged in certain activities for up to 3 years.
    • Penal Code of the Kyrgyz Republic of 1 October 1997. (Articles 49 and 142)

Kyrgyzstan - 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