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Occupational Safety and Health (OSH)

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Turkmenistan - 2013

Themes

1 Description of national OSH regulatory framework
- 1.1 Description of OSH regulatory framework
  Summary/citation: The Labour Code of April 18, 2009 is the main occupational safety and health law of Turkmenistan. The aim of the Labour Code is to establish guarantees of labour rights of citizens, to create favourable working conditions, and to protect the rights and interests of workers and employers. Section XI of the Labour Code contains provisions on occupational safety and health. The powers and rights of labour inspectors are laid down in Article 182 of the Labour Code. Legal provisions on protection of workers from specific occupational hazards are contained in various separate legislative enactments such as: the "Act on Chemical Safety”, the "Act on Radiation Safety”, the "Act on Prevention of the Disease Caused by the Human Immunodeficiency Virus (HIV Infection)”, and the "Act on Fire Safety”. The Code of Turkmenistan on Administrative Offences of December 17, 1984 and the Penal Code of Turkmenistan provide for penalties for violations of the laws and regulations concerning occupational safety and health.
  • Occupational safety and health country profile: Turkmenistan
  • Law No. 165-IV of 25 March 2011 on Chemical Safety.
  • The Labour Code of 18 April 2009 of Turkmenistan.
  • Act of Turkmenistan on Radiation Safety, No. 56-IV of August 15, 2009
  • Act of Turkmenistan on Fire Safety, No. 239-II of October 10, 2004
  • Act of Turkmenistan on Prevention of the Disease Caused by the Human Immunodeficiency Virus (HIV Infection), No. 78-II of July 7, 2001
  • The Penal Code of Turkmenistan adopted on 12 June 1997.
  • Code of Turkmenistan SSR on Administrative Offences
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 employment relations with the employer.
  • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 12, Para. 2)
  - 2.2.1 Coverage of particular categories of workers
    No data available.
    - 2.2.1.1 Migrant workers
      No data available.
    - 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 a legal entity, regardless of its organizational and legal form and form of ownership, or an individual using hired labour and entering into employment relations with the worker.
  • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 12, para. 3)
- 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.
    • The Labour Code of 18 April 2009 of Turkmenistan.
  - 2.4.2 Construction
    Summary/citation: The OSH legislation exempts no sectors/branches of economic activity.
    • The Labour Code of 18 April 2009 of Turkmenistan.
  - 2.4.3 Services
    Summary/citation: The OSH legislation exempts no sectors/branches of economic activity.
    • The Labour Code of 18 April 2009 of Turkmenistan.
  - 2.4.4 Public sector
    Summary/citation: The OSH legislation exempts no sectors/branches of economic activity.
    • The Labour Code of 18 April 2009 of Turkmenistan.
  - 2.4.5 Other
    Summary/citation: The OSH legislation exempts no sectors/branches of economic activity.
    • The Labour Code of 18 April 2009 of Turkmenistan.
- 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
  No data available.
  - 3.1.1 Objectives, roles and/or functions
    No data available.
  - 3.1.2 Chairperson and composition
    No data available.
- 3.2 National OSH research programme or institute
  No data available.
  - 3.2.1 Objectives, roles and/or functions
    No data available.
  - 3.2.2 Governance board constitution and chairmanship
    No data available.
  - 3.2.3 Source of funding
    No data available.
- 3.3 National OSH programme
  No data available.
  - 3.3.1 Consultation on the national OSH programme
    No data available.
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.
  • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 178, Para. 1)
- 4.2 Duty to protect the health and safety of people other than their own employees
  No data available.
- 4.3 Collaboration among two or more employers at the same workplace
  No data available.
- 4.4 Surveillance of workers’ health in relation to work
  Summary / Citation: In the cases provided by this Code, laws and other legislative instruments of Turkmenistan, the employer has the duty to organize, at his own expense, compulsory preliminary (at taking up the work) and periodic (in the course of work) medical examinations (surveys) of workers. Also, extraordinary medical examinations (surveys) of workers at their request, shall be provided in accordance with a medical recommendation while preserving their place of work (position) and the average salary for the period of undergoing the aforementioned medical examinations (surveys).
  • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 178, Para. 2, Sub-Para. 10)
  - 4.4.1 Specific hazards for which surveillance is required
    Summary / Citation: In the cases provided by this Code, laws and other legislative instruments of Turkmenistan, the employer has the duty to organize, at his own expense, compulsory preliminary (at taking up the work) and periodic (in the course of work) medical examinations (surveys) of workers. Also, extraordinary medical examinations (surveys) of workers at their request, shall be provided in accordance with a medical recommendation while preserving their place of work (position) and the average salary for the period of undergoing the aforementioned medical examinations (surveys).
    • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 178, Para. 2, Sub-Para. 10)
- 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 is obliged to ensure the acquisition and issuance, at his/her expense, special clothing, special footwear and other personal protective equipment, means for rinsing, rendering harmless or disinfecting in accordance with established standards, to the workers engaged in works with harmful, particularly difficult working conditions, and works carried out in special temperature conditions or related to contamination.
  • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 178, Para. 2, Sub-Para. 5)
- 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.
  • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 178, Para. 2, Sub-Para. 2)
- 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 health of workers in the event of such situations, including through provision of first aid to the victims of occupational accidents.
    • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 178, Para. 2, Sub-Para. 14)
  - 4.8.2 Sanitary installations
    Summary / Citation: The obligation to provide workers with sanitary and health care services in undertakings in accordance with the requirements of occupational safety and health is placed on the employer. For this purpose, in conformity with the established standards, sanitary facilities shall be provided in undertakings.
    • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 190, Para. 1)
  - 4.8.3 Drinking water
    Summary / Citation: The obligation to provide workers with sanitary and health care services in undertakings in accordance with the requirements of occupational safety and health is placed on the employer. For this purpose, devices to provide workers with carbonated salt water shall be installed in undertakings.
    • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 190, Para. 1)
  - 4.8.4 Rest and eating areas
    Summary / Citation: The obligation to provide workers with sanitary and health care services in undertakings in accordance with the requirements of occupational safety and health is placed on the employer. For this purpose, in conformity with the established standards, accommodation for taking meals, for taking rest during working hours and psychological release shall be provided in undertakings.
    • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 190, Para. 1)
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
    No data available.
  - 5.1.5 Training and information on risks
    Summary/citation: The employer shall ensure that workers are informed of working conditions and occupational safety and health measures at workplaces, of any existing risk of injury to health, of compensations and personal and collective protective equipment, which they are entitled to receive.
    The employer shall provide workers with training in safe methods and techniques of performing works and giving first-aid in case of occupational accidents, instruction in occupational safety and health, a trainee course at workplace, check their knowledge of requirements of occupational safety and health, and safe methods and techniques of performing works.
    • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 178, Para. 2, sub-para. 6 and sub-Para. 12)
  - 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.
- 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: 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 created or a position of an occupational safety and health officer shall be created with adequate training or experience in this field.
    • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 185)
    - 6.1.1.1 Qualifications of experts or professional services
      No data available.
- 6.2 Appointment of an OSH practitioner
  Summary/citation: In order to 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 created or a position of an occupational safety and health officer shall be created with adequate training or experience in this field.
  • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 185)
  - 6.2.1 Workforce size threshold for the appointment of OSH practitioners
    Summary/citation: In every undertaking performing manufacturing activity with more than 50 workers an occupational safety and health service shall be set up or a position of an occupational safety and health officer shall be created with adequate training or experience in this field.
    
    • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 185)
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 observe the rules, instructions, regulations and orders on occupational safety and health and ensure work safety techniques.
  • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 13, Para. 2, Sub-Para. 5)
- 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 observe the rules, instructions, regulations and orders on occupational safety and health and ensure work safety techniques.
  • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 13, Para. 2, Sub-Para. 5)
- 7.7 Right to enquire about risks and preventive measures
  Summary / Citation: The worker has the right to receive full and reliable information on working conditions, safety measures and requirements on occupational safety and health at the workplace.
  • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 13, Para. 1, Sub-Para. 4)
- 7.8 Right to remove themselves from a dangerous situation
  Summary / Citation: Every worker has the right to refuse to perform a work in case there is a danger to his/her life and health and that of other people, due to violation of requirements on occupational safety and health, except for the cases provided by the legislation of Turkmenistan, until such a danger is eliminated.
  • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 173, Para. 3)
- 7.9 Right to be reassigned to non-hazard work
  Summary / Citation: In case of deterioration of the state of health of the worker due to working conditions, loss of working capacity due to an occupational accident or occupational disease, the employer shall reassign the worker, with his consent, to another work in accordance with medical advice or ensure, at his own expense, training of the worker in a new profession (speciality) with reservation of his average salary for the period of training, and if necessary – his rehabilitation.
  • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 174, Para. 10)
  - 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work
    Summary / Citation: If granting another work to the worker is impossible for objective reasons, the downtime of the worker until elimination of a danger to his life and health shall be paid by the employer in accordance with Labour Code and other laws and regulations of Turkmenistan.
    • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 174, Para. 6)
8 Consultation, collaboration and co-operation with workers and their representatives
- 8.1 National OSH committee, commission, council or similar body
  No data available.
  - 8.1.1 Objectives, roles and/or functions
    No data available.
  - 8.1.2 Constitution and chairmanship modalities
    No data available.
- 8.2 Employers’ duty to consult workers on risks
  No data available.
- 8.3 Workers’ right to select their representatives for health and safety matters
  No data available.
  - 8.3.1 Workforce size conditions for workers’ representation in health and safety
    No data available.
  - 8.3.2 Conditions of eligibility to represent workers in health and safety
    No data available.
- 8.4 OSH representatives’ functions, rights and powers
  No data available.
  - 8.4.1 Right to inspect the workplace
    No data available.
  - 8.4.2 Right to access OSH information
    No data available.
  - 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.
  - 8.5.2 Right to investigate suspected non-compliance with OSH legislation
    No data available.
  - 8.5.3 Right to consult with workers
    No data available.
  - 8.5.4 Right to advise workers
    No data available.
  - 8.5.5 Right to initiate enforcement action
    No data available.
- 8.6 Joint OSH Committee
  Summary / Citation: In undertakings, joint commissions on occupational safety and health shall be set up at the initiative of the employer, as well as at the initiative of workers or a trade union, and (or) other representative body of workers.
  • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 186, Para. 1)
  - 8.6.1 Participation of workers’ representatives in joint OSH committee
    Summary / Citation: The structure of the commissions on occupational safety and health shall include, on a parity basis, the representatives of employers, trade union or other representative body of workers. Model regulations on the commissions on occupational safety and health shall be developed and approved by the "Turkmenstandartlary" agency.
    • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 186, Para. 1)
  - 8.6.2 Conditions for establishing a joint OSH committee
    Summary / Citation: In undertakings, joint commissions on occupational safety and health shall be set up at the initiative of the employer, as well as at the initiative of workers or a trade union, and (or) other representative body of workers.
    • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 186, Para. 1)
  - 8.6.3 Objectives, roles and/or functions of joint OSH committees
    Summary / Citation: The commissions on occupational safety and health shall organize joint actions between the employer and workers to ensure compliance with requirements on occupational safety and health, to prevent occupational injuries and diseases, to organize monitoring of working conditions and occupational safety and health at workplaces and inform workers of the results of these examinations, and collecting proposals to the section of the collective agreement on occupational safety and health.
    • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 186, Para. 2)
  - 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
    Summary / Citation: The Law No. 165-IV of 25 March 2011 regulates the legal basis for protection from hazardous impact of chemical products and substances on population's health and environment. It defines as well the competences of State bodies in charge of chemical safety. Article 11 and 16 regulate, inter alia, chemical safety requirements.
    • Law No. 165-IV of 25 March 2011 on Chemical Safety. (Articles 16, 29, 30, and 31)
  - 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users
    No data available.
  - 9.2.3 Pesticides
    No data available.
- 9.3 Ergonomic hazards
  No data available.
- 9.4 Physical hazards
  Sometimes.
  - 9.4.1 Ionising radiation
    Yes.
    • Act of Turkmenistan on Radiation Safety, No. 56-IV of August 15, 2009 (Art. 14)
  - 9.4.2 Vibration and noise
    No data available.
  - 9.4.3 Working at height
    No data available.
  - 9.4.4 Working in confined spaces
    No data available.
  - 9.4.5 Risks arising from poor maintenance of workplace facilities
    No data available.
  - 9.4.6 Exposure to extreme temperatures
    No data available.
  - 9.4.7 Fire risks
    Yes.
    • Act of Turkmenistan on Fire Safety, No. 239-II of October 10, 2004 (Art. 20)
  - 9.4.8 Tobacco
    Summary / Citation: The Law on Health Protection from Exposure to Tobacco Smoke regulates the rights and duties of persons and legal entities.
    • Law of Turkmenistan of 18 December 2013 On Health Protection from Exposure to Tobacco Smoke and the Effects of Use of Tobacco Products.
  - 9.4.9 Asbestos
    No data available.
  - 9.4.10 Risks related to nanotechnology
    No data available.
  - 9.4.11 Contraction of HIV in the workplace
    Yes.
    • Act of Turkmenistan on Prevention of the Disease Caused by the Human Immunodeficiency Virus (HIV Infection), No. 78-II of July 7, 2001 (Art. 11)
- 9.5 Psychosocial hazards
  Sometimes.
  - 9.5.1 Psychosocial risks
    Yes.
    • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 178, Para. 2, Sub-Para. 21)
  - 9.5.2 Occupational violence
    No data available.
- 9.6 Other hazardous substances
  No data available.
- 9.7 Machineries
  No data available.
  - 9.7.1 Risks related to machinery and tools
    No data available.
  - 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries
    No data available.
  - 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information
    No data available.
  - 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated
    No data available.
  - 9.7.5 Maintenance of machinery and equipment
    No data available.
    - 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 and service standards shall be reduced for pregnant women in accordance with a medical report, or they shall be transferred to another job, which is easier and with reduced occupational hazards with reservation of average salary from previous work.
    • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 245, Para. 1)
  - 9.8.2 Protection of lactating women at work
    Summary / Citation: The women who have children under 1.5 years and are not able to perform the previous work, shall be transferred to another easier job with reservation of their average salary from previous work, up to time when the child reaches the age of 1.5 years. In addition to standard breaks, the working women who have children under the age of 1.5 years shall be granted additional breaks to feed the child.
    • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 245, Para. 3 and Art. 247, Para. 1)
  - 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts
    Summary / Citation: There are restrictions to the hiring of women in jobs with harmful and, particularly difficult working conditions. It is accepted to hire women in jobs which do not require physical work and jobs in the areas of sanitary and consumer services. The list of jobs with harmful, particularly difficult working conditions, in which the use of the work of women is limited, is to be approved by the Cabinet of Ministers of Turkmenistan.
    • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 243, Para. 1)
  - 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age
    Summary / Citation: It is forbidden to employ persons under the age of eighteen years in works with special labour conditions, and in works, the performance of which can be detrimental to their health and moral development of minors such as gambling, production, transportation and trade of alcoholic drinks, tobacco products, narcotics, toxic and other substances.
    • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 253, Para. 1)
    Related CEACR Comments
    • Minimum Age Convention, 1973 (No. 138) Observation 2019
    • Minimum Age Convention, 1973 (No. 138) Direct Request 2019
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 has the duty to ensure the investigation, record and analysis of occupational accidents and occupational diseases in the order established by the Labour Code and other laws and regulations of Turkmenistan.
    • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 178, Para. 2, Sub-Para. 15)
  - 10.1.2 Near miss incidents
    No data available.
  - 10.1.3 Occupational diseases
    Summary / Citation: The employer has the duty to ensure the investigation, record and analysis of occupational accidents and occupational diseases in the order established by the Labour Code and other laws and regulations of Turkmenistan.
    • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 178, Para. 2, Sub-Para. 15)
- 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health
  Summary / Citation: The employer is obliged to ensure timely notification to appropriate authorities on occupational accidents and emergencies.
  • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 178, Para. 2, Sub-Para. 23)
11 OSH inspection and enforcement of OSH legislation
- 11.1 Appointment of OSH inspectors
  Summary / Citation: The Labour Code includes provisions on the powers and duties of bodies of the State of the State administration in the field of occupational safety and health.
  • The Labour Code of 18 April 2009 of Turkmenistan.
- 11.2 OSH inspectors’ powers
  Sometimes.
  - 11.2.1 Power to enter workplaces
    Summary / Citation: The bodies of the State administration in the field of occupational safety and health have the right to visit freely, at any time, any undertaking, and to receive from the ministries, departments and undertakings the necessary information.
    • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 182, Para. 3, Sub-Para. 1)
  - 11.2.2 Power to inspect and carry out any examination, test or enquiry
    Summary / Citation: The bodies of the State administration in the field of occupational safety and health have the right to visit freely, at any time, any undertaking, and to receive from the ministries, departments and undertakings the necessary information.
    • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 182, Para. 3, Sub-Para. 1)
  - 11.2.3 Power to investigate
    No data available.
  - 11.2.4 Duty to provide advice on OSH
    No data available.
- 11.3 OSH inspectors’ enforcement powers
  Sometimes.
  - 11.3.1 Power to issue orders or notices
    Summary / Citation: The bodies of State administration in the field of occupational safety and health, have the right to issue to managers and other officials of undertakings injunctions obligatory for execution.
    • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 182, Para. 3, Sub-Para. 2)
  - 11.3.2 Power to impose financial penalties
    Summary / Citation: The bodies of State administration in the field of occupational safety and health, have the right to impose financial penalties on managers, officers, and workers of undertakings for violation of laws and regulations on occupational safety and health.
    • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 182, Para. 3, Sub-Para. 4)
  - 11.3.3 Power to revoke or suspend licenses or authorisations
    No data available.
  - 11.3.4 Power to require the cessation of dangerous work
    Summary / Citation: The bodies of State administration in the field of occupational safety and health, have the right to stop (to prohibit) the operation of undertakings, individual production units, shops, sites, workplaces and equipment in cases of violation of requirements of laws and regulations on occupational safety and health.
    • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 182, Para. 3, Sub-Para. 3)
  - 11.3.5 Power to initiate prosecutions
    Summary / Citation: The bodies of State administration in the field of occupational safety and health have the right, when necessary, to transfer materials to the prosecutor's office.
    • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 182, Para. 3, Sub-Para. 4)
  - 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
  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 up to one minimum wage;
    • Maximum financial penalty for individuals is 10 average monthly wages;
    Violation by officials of the labour legislation or rules on occupational safety and health, shall be punished with a fine of up to one minimum wage.
    Violation of rules on safety precautions or other rules of occupational safety and health committed by a person who had the duty of observing these rules, if it could entail an accident involving people, shall be punished with a fine in the amount of from five to ten average monthly wages.
    • The Penal Code of Turkmenistan adopted on 12 June 1997. (Art. 151)
    • Code of Turkmenistan SSR on Administrative Offences (Art. 41 )
  - 11.4.3 Non-financial sanctions
    Summary / Citation: The bodies of State administration in the field of occupational safety and health, have the right to stop (to prohibit) the operation of undertakings, individual production units, shops, sites, workplaces and equipment in cases of violation of requirements of laws and regulations on occupational safety and health.
    • The Labour Code of 18 April 2009 of Turkmenistan. (Art. 182, Para. 3, Sub-Para. 3)
  - 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.
    • The Penal Code of Turkmenistan adopted on 12 June 1997. (Art. 105)
  - 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 rules on safety precautions or other rules of occupational safety and health committed by a person who had the duty to observe these rules, and which entailed the infliction of harm to human health, shall be punished with imprisonment for a term of up to 2 years.
    If the same act entails, by negligence, the death of a person, it 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 engage in a certain activity for a period of up to three years.
    • The Penal Code of Turkmenistan adopted on 12 June 1997. (Articles 53 and 151)

Turkmenistan - 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