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Occupational Safety and Health (OSH)

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Uzbekistan - 2013

Themes

1 Description of national OSH regulatory framework
- 1.1 Description of OSH regulatory framework
  Summary/citation: The Labour Code of December 21, 1995 and the Occupational Safety and Health Act of May 6, 1993 are the main occupational safety and health laws of Uzbekistan. Chapter XIII of the Labour Code contains some provisions on occupational safety and health.
  
  The OSH Act supplements the occupational safety and health provisions of the Labour Code. The OSH Act provides that some of the principles on which the national policy in the field of occupational safety and health is based include the following: priority of the life and health of a worker in relation to the results of production activities of the undertaking and establishment of standard occupational safety and health requirements for all undertakings, irrespective of their form of ownership and management.
  
  In line with the Governmental policy of re-examination of occupational safety rules, the Ordinance No. 70-B of 10 November 2011 of the Ministry of Labour and Social Protection of Population approves new occupational safety standards for the workers of trade organizations. The approved standards are provided in a separate Annex to the Ordinance.
  
  The basic powers, rights and duties related to the system of labour inspection are laid down in ANNEX No. 1 to the Resolution of the Cabinet of Ministers of February 19, 2010, No. 29 the Statute on the Department of Occupational Safety and Health of the Ministry of Labour and Social Protection of the Republic of Uzbekistan.
  
  Legal provisions on protection of workers from specific occupational risks or hazards are contained in various separate legislative enactments such as: the "Act on Radiation Safety”, the "Act on Prevention of the Disease Caused by the Human Immunodeficiency Virus (HIV infection)”, the "Act on Fire Safety”, the Ordinance No. 54-B of 22 September 2011 of Ministry of Labour and Social Protection of Population on Approving Occupational Safety Rules for Workers in Tuberculosis Prevention Institutions, the Ordinance No. 35-B of 30 June 2011 of Ministry of Labour and Social Protection of Population on Approving Occupational Safety Rules for Workers in Television and Radio industry, and the Law No. ZRU-213 of 23 April 2009 on Technical Regulations.
  
  The Administrative Responsibility Code (Code of Administrative Offences) of the Republic of Uzbekistan and the Criminal Code of Uzbekistan provide for penalties for violations of the laws and regulations on occupational safety and health.
  • Occupational safety and health country profile: Uzbekistan
  • Ordinance No. 35-B of 30 June 2011 of Ministry of Labour and Social Protection of Population on Approving Occupational Safety Rules for Workers in Television and Radio industry.
  • Ordinance No. 54-B of 22 September 2011 of Ministry of Labour and Social Protection of Population on Approving Occupational Safety Rules for Workers in Tuberculosis Prevention Institutions.
  • Ordinance No. 70-B of 10 November 2011 of Ministry of Labour and Social Protection of Population on Approving Occupational Safety Rules for Workers of Trade Organizations.
  • ANNEX No. 1 to the Resolution of the Cabinet of Ministers of February 19, 2010, No. 29 the Statute on the Department of Occupational Safety and Health of the Ministry of Labour and Social Protection of the Republic of Uzbekistan
  • Law No. ZRU-213 of 23 April 2009 on Technical Regulations.
  • Act of the Republic of Uzbekistan on Fire Safety, No. ZRU-226 of September 30, 2009
  • Law No. 120-II of 31 August 2000 on Radiation Safety (Text No. 212).
  • Law No. 816-I of 19 August 2010 on prevention of disease caused by HIV (consolidation, 24 May 2010).
  • Labour Code of 21 December 1995.
  • Law of 6 May 1993 on Occupational Safety and Health.
2 Scope, coverage and exclusions
- 2.1 Health and safety covers physical and psychological health
  No data available.
- 2.2 Definition of worker
  No data available.
  - 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
  No data available.
- 2.4 Exclusion of branches of economic activity
  No.
  - 2.4.1 Agriculture
    Summary/citation: The OSH legislation exempts no sector/branches of economic activity. The OSH Act is applicable to all workers who are in labour relations with undertakings of different forms of ownership and economic activity.
    • Law of 6 May 1993 on Occupational Safety and Health. (Art. 3)
  - 2.4.2 Construction
    Summary/citation: The OSH legislation exempts no sector/branches of economic activity. The OSH Act is applicable to all workers who are in labour relations with undertakings of different forms of ownership and economic activity.
    • Law of 6 May 1993 on Occupational Safety and Health. (Art. 3)
  - 2.4.3 Services
    Summary/citation: The OSH legislation exempts no sector/branches of economic activity. The OSH Act is applicable to all workers who are in labour relations with undertakings of different forms of ownership and economic activity.
    • Law of 6 May 1993 on Occupational Safety and Health. (Art. 3)
  - 2.4.4 Public sector
    Summary/citation: The OSH legislation exempts no sector/branches of economic activity. The OSH Act is applicable to all workers who are in labour relations with undertakings of different forms of ownership and economic activity
    • Law of 6 May 1993 on Occupational Safety and Health. (Art. 3)
  - 2.4.5 Other
    Remarks / comments: In line with the Governmental policy on the re-examination of occupational safety rules, this Ordinance approves new occupational safety standards for workers involved in the television and radio industries. The approved standards are given in a separate annex to the Ordinance.
    
    Law of 28 September 2006 provides for requirements for industrial security at all levels of production, State control of the respect of the legislation, technical evaluation of causes of accidents, and liabilities.
    
    The Governmental Decree No. 271 of 10 December 2008 provides for a set of measures to ensure the implementation of the Law. Provides, inter alia, for compulsory civil liability insurance in case of damage caused to the health, life or property of third parties or to the environment. Also deals with the development of human resources and skills to better assess, monitor and prevent industrial hazards to be undertaken by the competent institutions.
    • Ordinance No. 35-B of 30 June 2011 of Ministry of Labour and Social Protection of Population on Approving Occupational Safety Rules for Workers in Television and Radio industry.
    • Governmental Decree No. 271 of 10 December 2008 on the additional measures to implement the Act of 28 September 2006 on industrial security of dangerous production sites.
    • Law of 28 September 2006 on Occupational Safety in Hazardous Production Facilities (Text No. 499).
- 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.
    • Law No. ZRU-174 of 10 September 2008 on compulsory State insurance against occupational accidents and diseases.
3 Institutions and programmes relating to OSH administration and/or enforcement
- 3.1 Competent national authority for safety and health at work
  Summary/citation: The national authority for occupational safety and health is the Cabinet of Ministers of the Republic of Uzbekistan.
  The main task of the Department of Occupational Safety and Health of the Ministry of Labour and Social Protection of the Population of the Republic of Uzbekistan is exercising the state control over compliance with the legislation on occupational safety and health in order to ensure safety of working conditions.
  • ANNEX No. 1 to the Resolution of the Cabinet of Ministers of February 19, 2010, No. 29 the Statute on the Department of Occupational Safety and Health of the Ministry of Labour and Social Protection of the Republic of Uzbekistan (Para. 6)
  • Law of 6 May 1993 on Occupational Safety and Health. (Art. 5)
  - 3.1.1 Objectives, roles and/or functions
    Summary/citation: The Cabinet of Ministers of the Republic of Uzbekistan together with the Council of Federation of trade unions of Uzbekistan have the power to establish the necessary requirements to ensure occupational safety and health at workplaces, through the formulation and adoption of science-based standards, rules and norms on occupational safety and health, working environment. The Cabinet of Ministers also formulate, in consultation with trade unions and finance institutions, national target programs on improvement of working conditions, prevention of occupational injuries, occupational diseases and monitor their implementation.
    • Law of 6 May 1993 on Occupational Safety and Health. (Art. 8)
  - 3.1.2 Chairperson and composition
    No data available.
- 3.2 National OSH research programme or institute
  Remarks / comments: The Governmental decree No. 245 of 12 November 2008 provides, inter alia, the right of an organization to create, in certain specified cases, foundations to support occupational safety and health.
  • Governmental decree No. 245 of 12 November 2008 to approve the Statute for organization of occupational health foundations and its functions.
  - 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 duties of providing healthy and safe working conditions in the undertaking, organizing control over occupational risks and hazards and timely informing workers’ collectives of the results of control are imposed on the administration (managers, employers).
  • Law of 6 May 1993 on Occupational Safety and Health. (Art. 13)
- 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 shall organize preliminary medical examination at the time of concluding a work agreement and periodic medical examinations (in the course of work) of workers who are engaged in works with adverse working conditions, night works and works related to traffic.
  • Labour Code of 21 December 1995. (Art. 214)
  - 4.4.1 Specific hazards for which surveillance is required
    Summary / Citation: The Ministry of Health of Uzbekistan shall establish the list of works with adverse working conditions and of other works, that require workers to undergo preliminary and periodic medical examinations.
    • Labour Code of 21 December 1995. (Art. 214)
- 4.5 Surveillance of the working environment and working practices
  Summary / Citation: The management of an undertaking has a responsibility to ensure healthy and safe working conditions at workplace, to organize control over occupational hazards and to inform workers' teams of the results of these controls.
  • Law of 6 May 1993 on Occupational Safety and Health. (Art. 14)
- 4.6 Duty to provide personal protective equipment
  Summary / Citation: In works with harmful and dangerous working conditions, as well as works carried out in extreme temperatures or related to contamination, workers shall be provided with special clothing, special footwear, and other personal protective equipment, detergents and disinfectants, milk and other equivalent food, preventive nutrition at no cost according to the norms established by national authorities.
  • Law of 6 May 1993 on Occupational Safety and Health. (Art. 13)
- 4.7 Duty to ensure the usage of personal protective equipment
  No data available.
- 4.8 Duty to provide first-aid and welfare facilities
  Sometimes.
  - 4.8.1 Arrangements for first-aid
    Summary / Citation: The employer is obliged to take all the necessary measures to provide first aid to workers who become ill at the workplace.
    • Labour Code of 21 December 1995. (Art. 221)
  - 4.8.2 Sanitary installations
    No data available.
  - 4.8.3 Drinking water
    No data available.
  - 4.8.4 Rest and eating areas
    No data available.
5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices
- 5.1 Elements of an OSH management system
  Sometimes.
  - 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety
    Summary/citation: The management of an undertaking has a responsibility to ensure healthy and safe working conditions at the workplace, to organize control over occupational hazards and to inform workers' teams of the results of these controls.
    • Law of 6 May 1993 on Occupational Safety and Health. (Art. 13)
  - 5.1.2 Appointment of a person for health and safety
    Summary/citation: OSH services (OSH officer positions) shall be created in undertakings with 50 or more workers. The specialists on occupational safety and health services have the right to control compliance with the rules and regulations on occupational safety and health by all workers, to issue to heads of structural divisions binding orders to eliminate revealed violations, and to make representations to managers of undertakings about calling to account those who violate the legislation on occupational safety and health.
    • Law of 6 May 1993 on Occupational Safety and Health. (Art. 14)
  - 5.1.3 Written risk assessment
    Summary/citation: The management of an undertaking has a responsibility to ensure healthy and safe working conditions at the workplace, to organize control over occupational hazards and to inform workers' teams of the results of these controls.
    • Law of 6 May 1993 on Occupational Safety and Health. (Art. 13)
  - 5.1.4 Safe operating work systems and procedures
    No data available.
  - 5.1.5 Training and information on risks
    Summary/citation: When an employment contract is going to be concluded and at the time of transfer to another work, the employer has a duty to inform workers about working conditions including occupational hazards and diseases, benefits and compensations related to that and means of personal protection.
    The managers shall instruct in occupational safety and health all workers who are newly admitted, and also those being transferred to another job, and train them on safe techniques of performing works and provision of aid to victims of occupational accidents.
    • Labour Code of 21 December 1995. (Art. 213)
    • Law of 6 May 1993 on Occupational Safety and Health. (Art. 19)
  - 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: OSH services (OSH officer positions) shall be created in undertakings with 50 or more workers. The specialists on occupational safety and health services have the right to control compliance with the rules and regulations on occupational safety and health by all workers, to issue to heads of structural divisions binding orders to eliminate revealed violations, and to make representations to managers of undertakings about calling to account those who violate the legislation on occupational safety and health.
    Remarks / comments: Governmental Decree No. 193 of 2 September 2010 on Further Measures to Improve the Organization of Service for Occupational Medical Expertise defines, inter alia, main functions of the service for occupational medical expertise in the country, and approves the list of regional bodies.
    • Governmental Decree No. 193 of 2 September 2010 on Further Measures to Improve the Organization of Service for Occupational Medical Expertise.
    • Law of 6 May 1993 on Occupational Safety and Health. (Art. 14)
    - 6.1.1.1 Qualifications of experts or professional services
      No data available.
- 6.2 Appointment of an OSH practitioner
  Summary/citation: OSH services (OSH officer positions) shall be created in undertakings with 50 or more workers. The specialists on occupational safety and health services have the right to control compliance with the rules and regulations on occupational safety and health by all workers, to issue to heads of structural divisions binding orders to eliminate revealed violations, and to make representations to managers of undertakings about calling to account those who violate the legislation on occupational safety and health.
  • Law of 6 May 1993 on Occupational Safety and Health. (Art. 14)
  - 6.2.1 Workforce size threshold for the appointment of OSH practitioners
    Summary/citation: OSH services (OSH officer positions) shall be created in undertakings with 50 or more workers. In undertakings with less than 50 workers the functions of OSH services could be carried out by one of the managers.
    • Law of 6 May 1993 on Occupational Safety and Health. (Art. 14)
7 Workers' rights and duties
- 7.1 Duty to take reasonable steps to protect their own safety and health
  Summary / Citation: The workers of an undertaking have the duty to comply with the rules and norms on occupational safety and health established by relevant laws and regulations of the Republic of Uzbekistan and in collective agreements.
  • Law of 6 May 1993 on Occupational Safety and Health. (Art. 8)
- 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
  Summary / Citation: The management of an undertaking has a responsibility to ensure healthy and safe working conditions at the workplace, to organize control over occupational hazards and to inform workers' teams of the results of these controls.
  The duties of providing healthy and safe working conditions in the undertaking, organizing control over occupational risks and hazards and timely informing workers’ collectives of the results of control are imposed on the managers (employers).
  • Law of 6 May 1993 on Occupational Safety and Health. (Art. 13)
- 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 workers of an undertaking have the duty to comply with the rules and norms on occupational safety and health established by relevant laws and regulations of the Republic of Uzbekistan and in collective agreements.
  • Law of 6 May 1993 on Occupational Safety and Health. (Art. 8)
- 7.7 Right to enquire about risks and preventive measures
  Summary / Citation: Workers in an undertaking have the right to demand, and the management is obliged to provide them with information on existing conditions of OSH, personal protective equipment to be provided and benefits and compensations to be offered.
  • Law of 6 May 1993 on Occupational Safety and Health. (Art. 20)
- 7.8 Right to remove themselves from a dangerous situation
  Summary / Citation: The worker shall report forthwith to the administration (managers/ employer) any work situation which presents danger to his life or health and, in case of confirmation of such a situation by authorities carrying out supervision over compliance with occupational safety and health, the administration shall suspend the operation and take remedial action with regard to this danger. If the necessary remedial action has not been taken by the administration, the worker has the right, without any disciplinary penalties, to stop the work until the elimination of the danger.
  • Law of 6 May 1993 on Occupational Safety and Health. (Art. 18)
- 7.9 Right to be reassigned to non-hazard work
  Summary / Citation: The employer is obliged to reassign temporarily or indefinitely workers who, for health reasons need to be granted an easier work, or a work which excludes the impact of occupational risks or hazards, with their consent to such work, in accordance with a medical opinion.
  • Labour Code of 21 December 1995. (Art. 218)
  - 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work
    No data available.
8 Consultation, collaboration and co-operation with workers and their representatives
- 8.1 National OSH committee, commission, council or similar body
  No data available.
  - 8.1.1 Objectives, roles and/or functions
    No data available.
  - 8.1.2 Constitution and chairmanship modalities
    No data available.
- 8.2 Employers’ duty to consult workers on risks
  No data available.
- 8.3 Workers’ right to select their representatives for health and safety matters
  Summary / Citation: Authorized OSH representatives of workers’ collectives and trade unions, elected by them and with special training, have the right to monitor compliance with the laws and regulations on occupational safety and health.
  • Law of 6 May 1993 on Occupational Safety and Health. (Art. 23)
  - 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: Authorized OSH representatives of workers’ collectives and trade unions, elected by them and with special training, have the right to monitor compliance with the laws and regulations on occupational safety and health.
    • Law of 6 May 1993 on Occupational Safety and Health. (Art. 23)
  - 8.4.2 Right to access OSH information
    Summary / Citation: Authorized OSH representatives of workers’ collectives and trade unions, elected by them and with special trainign, have the right to monitor compliance with the laws and regulations on occupational safety and health.
    • Law of 6 May 1993 on Occupational Safety and Health. (Art. 23)
  - 8.4.3 Right to be present at interviews
    No data available.
  - 8.4.4 Right to receive professional assistance from OSH experts
    No data available.
  - 8.4.5 Right to accompany inspectors
    No data available.
  - 8.4.6 Right to use facilities
    No data available.
  - 8.4.7 Right to have time off work with pay to perform duties
    Summary / Citation: For fulfilment of their duties, the authorized OSH representatives of workers, shall be given every week not less than two hours during working time, with pay at the rate of an average salary.
    • Law of 6 May 1993 on Occupational Safety and Health. (Art. 23)
  - 8.4.8 Right to issue remedial notices
    Summary / Citation: Authorized OSH representatives of workers’ collectives and trade unions, elected by them and with special training, have the right to monitor compliance with the laws and regulations on occupational safety and health, make proposals with regard to elimination of revealed violations and call to account those responsible for the violations.
    • Law of 6 May 1993 on Occupational Safety and Health. (Art. 23)
  - 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
  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, at their own initiative or at the request of workers, have the right to file a lawsuit in a court to protect their right to compensation for the damage caused by injury or other damage to health linked with the performance of job duties and, in other cases, of infringement of workers' right to occupational safety and health.
    • Law of 6 May 1993 on Occupational Safety and Health. (Art. 24)
- 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
  Remarks / comments: In line with the Governmental policy of re-examination of occupational safety rules, this Ordinance approves the new occupational safety standards for the workers in Tuberculosis Prevention Institutions. The approved standards are provided in a separate Annex to the Ordinance.
  • Ordinance No. 54-B of 22 September 2011 of Ministry of Labour and Social Protection of Population on Approving Occupational Safety Rules for Workers in Tuberculosis Prevention Institutions.
- 9.2 Chemical hazards
  No data available.
  - 9.2.1 Handling, storage, labelling and use
    No data available.
  - 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users
    No data available.
  - 9.2.3 Pesticides
    No data available.
- 9.3 Ergonomic hazards
  Summary / Citation: It is prohibited to elaborate, manufacture, and repair means of production, introduce technology which do not comply with requirements of standards, ergonomics as well as laws and regulations on OSH.
  • Law of 6 May 1993 on Occupational Safety and Health. (Art. 9)
- 9.4 Physical hazards
  Sometimes.
  - 9.4.1 Ionising radiation
    Summary / Citation: The users of sources of ionizing radiation have the following duties:
    - to formulate and implement measures to ensure radiation safety;
    - to monitor the radiation situation in workplaces, in premises, and production areas;
    - to monitor and keep record of individual doses of radiation of workers.
    • Law No. 120-II of 31 August 2000 on Radiation Safety (Text No. 212). (Art. 17)
  - 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 the Republic of Uzbekistan on Fire Safety, No. ZRU-226 of September 30, 2009 (Art. 10)
  - 9.4.8 Tobacco
    Summary / Citation: The Law defines the State policy in the field of alcohol and tobacco product distribution. Aims at limiting distribution and consumption of tobacco and alcoholic products and at preserving public health. The policy specifically targets youth under twenty years old.
    • Law No. 302 of 5 October 2011 on Restrictions of Distribution and Use of Alcohol and 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
    Summary / Citation: Article 7 provides, inter alia, for personal liability of medical staff in cases of patient HIV contamination due to staffs' negligence; Article 9 provides for social protection to the HIV infected persons and members of their families; Article 11, provides for social protection of medical workers having contracted HIV.
    • Law No. 816-I of 19 August 2010 on prevention of disease caused by HIV (consolidation, 24 May 2010). (Art. 11)
- 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
  Remarks / comments: The Act No. 362 of 5 April 2002 on wastes (Text No. 72) provides for treatment of waste, rights and obligations of citizens and legal persons, transport and storage of waste, and financing measures.
  • Act No. 362 of 5 April 2002 on wastes (Text No. 72).
- 9.7 Machineries
  Sometimes.
  - 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
    Summary / Citation: It is prohibited to elaborate, manufacture, and repair means of production or introduce technology which do not comply with requirements of standards, ergonomics as well as laws and regulations on OSH.
    • Law of 6 May 1993 on Occupational Safety and Health. (Art. 9)
  - 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
    Summary / Citation: No new or reconstructed undertaking or means of production shall be received and put into operation unless they have a safety certificate.
    • Law of 6 May 1993 on Occupational Safety and Health. (Art. 9)
  - 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, service standards shall be reduced for pregnant women in accordance with medical report. Otherwise, pregnant women shall be transferred to an easier work or a work which reduces occupational hazards with reservation of average salary from the previous work.
    • Labour Code of 21 December 1995. (Art. 226)
  - 9.8.2 Protection of lactating women at work
    Summary / Citation: The women who have children under the age of two years and are not able to perform the previous work, shall be transferred to an easier work or a work which reduces occupational hazards with reservation of the average salary from the previous work, up to time when the child reaches the age of two years.
    • Labour Code of 21 December 1995. (Art. 227)
  - 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts
    Summary / Citation: It is forbidden to employ women in works with adverse working conditions, and also in underground works, except some underground works (non-physical works or works related to sanitary and consumer service).
    • Labour Code of 21 December 1995. (Art. 225)
  - 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 adverse working conditions, in underground and other works, which can be detrimental to the health, safety or morals of this category of workers.
    • Labour Code of 21 December 1995. (Art. 241)
    Related CEACR Comments
    • Minimum Age Convention, 1973 (No. 138) Direct Request 2016
10 Recording, notification and investigation of accidents/incidents and diseases
- 10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases
  Sometimes.
  - 10.1.1 Work-related accidents
    Summary / Citation: The employer has a duty to carry out an investigation and take record of occupational accidents in a timely manner.
    • Labour Code of 21 December 1995. (Art. 222)
  - 10.1.2 Near miss incidents
    No data available.
  - 10.1.3 Occupational diseases
    No data available.
- 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health
  No data available.
11 OSH inspection and enforcement of OSH legislation
- 11.1 Appointment of OSH inspectors
  Summary / Citation: National supervision and control over compliance with laws and regulations on occupational safety and health is carried out by specially authorized state bodies, which act in accordance with provisions on such bodies approved by the Cabinet of Ministers of Uzbekistan.
  The main task of the Department of Occupational Safety and Health of the Ministry of Labour and Social Protection of the Population of the Republic of Uzbekistan is exercising the state control over compliance with the legislation on occupational safety and health in order to ensure safety of working conditions.
  • ANNEX No. 1 to the Resolution of the Cabinet of Ministers of February 19, 2010, No. 29 the Statute on the Department of Occupational Safety and Health of the Ministry of Labour and Social Protection of the Republic of Uzbekistan (Para. 6)
  • Law of 6 May 1993 on Occupational Safety and Health. (Art. 22)
- 11.2 OSH inspectors’ powers
  Sometimes.
  - 11.2.1 Power to enter workplaces
    Summary / Citation: For the performance of the assigned tasks and functions, the Department of Occupational Safety and Health, has the right to monitor, as established by the legislation, working conditions and compliance with legislation on occupational safety and health and social protection of disabled people.
    • ANNEX No. 1 to the Resolution of the Cabinet of Ministers of February 19, 2010, No. 29 the Statute on the Department of Occupational Safety and Health of the Ministry of Labour and Social Protection of the Republic of Uzbekistan (Para. 8)
  - 11.2.2 Power to inspect and carry out any examination, test or enquiry
    Summary / Citation: For the performance of the assigned tasks and functions, the Department of Occupational Safety and Health, has the right:
    - to request and receive from undertakings and workers information, statements and explanations in order to ensure the realization of its powers;
    - to study, in the order established by the legislation, documents and other materials relating to the issues of compliance with the legislation on occupational safety and health and social protection of disabled people.
    • ANNEX No. 1 to the Resolution of the Cabinet of Ministers of February 19, 2010, No. 29 the Statute on the Department of Occupational Safety and Health of the Ministry of Labour and Social Protection of the Republic of Uzbekistan (Para. 8)
  - 11.2.3 Power to investigate
    Summary / Citation: For the performance of the assigned tasks and functions, the Department of Occupational Safety and Health, has the right:
    - to request and receive from undertakings and workers information, statements and explanations in order to ensure the realization of its powers;
    - to study, in the order established by the legislation, documents and other materials relating to the issues of compliance with the legislation on occupational safety and health and social protection of disabled people.
    • ANNEX No. 1 to the Resolution of the Cabinet of Ministers of February 19, 2010, No. 29 the Statute on the Department of Occupational Safety and Health of the Ministry of Labour and Social Protection of the Republic of Uzbekistan (Para. 8)
  - 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: For the performance of the assigned tasks and functions, the Department of Occupational Safety and Health, has the right:
    - to demand from officials to eliminate revealed violations of legislation on occupational safety and health, to take measures for elimination of the violations identified during inspections and deficiencies in any building, equipment or in organization of work if they threaten the health or safety of the workers;
    - to issue injunctions concerning the elimination of violations of the legislation on occupational safety and health and social protection of disabled people which are subject to obligatory execution by the undertakings and their officials, competent to eliminate the violations.
    • ANNEX No. 1 to the Resolution of the Cabinet of Ministers of February 19, 2010, No. 29 the Statute on the Department of Occupational Safety and Health of the Ministry of Labour and Social Protection of the Republic of Uzbekistan (Para. 8)
  - 11.3.2 Power to impose financial penalties
    Summary / Citation: For the performance of the assigned tasks and functions, the Department of Occupational Safety and Health, has the right to bring guilty officials to administrative responsibility, as established by the legislation, with drawing up a report on a violation of OSH legislation and a resolution on imposing a financial penalty for the violation of the legislation on occupational safety and health in the prescribed form.
    • ANNEX No. 1 to the Resolution of the Cabinet of Ministers of February 19, 2010, No. 29 the Statute on the Department of Occupational Safety and Health of the Ministry of Labour and Social Protection of the Republic of Uzbekistan (Para. 8)
  - 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: For the performance of the assigned tasks and functions, the Department of Occupational Safety and Health, has the right to stop, in accordance with an established procedure, the work of individual production units and operation of means of production at detection of violations of work safety requirements which create a threat to the health or life of the workers.
    • ANNEX No. 1 to the Resolution of the Cabinet of Ministers of February 19, 2010, No. 29 the Statute on the Department of Occupational Safety and Health of the Ministry of Labour and Social Protection of the Republic of Uzbekistan (Para. 8)
  - 11.3.5 Power to initiate prosecutions
    No data available.
  - 11.3.6 Power to conduct prosecutions
    No data available.
  - 11.3.7 Other enforcement powers
    No data available.
- 11.4 Application of sanctions by courts
  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 2 minimum monthly wages;
    • Maximum financial penalty for individuals is 50 minimum monthly wages;
    Violation by an official of the legislation on labour and occupational safety and health, shall be punishable with a fine ranging from 2 to 5 minimum monthly wages.
    Violation of rules on safety precautions, industrial hygiene or other rules of occupational safety and health by a person responsible for their observance, resulting in moderate or grave bodily injury, shall be punishable with a fine ranging from 25 to 50 minimum monthly wages.
    • Criminal Code of the Republic of Uzbekistan of 22 September 1994 (consolidation). (Art. 257)
    • Administrative Responsibility Code of the Republic of Uzbekistan, as amended through 2001 (No. 2015-XII of 1994) (extracts). (Art. 49)
  - 11.4.3 Non-financial sanctions
    No data available.
  - 11.4.4 Criminal liability
    Summary / Citation: There is a possibility of prosecution for the crime of involuntary manslaughter (causing death by negligence) under the criminal law.
    • Criminal Code of the Republic of Uzbekistan of 22 September 1994 (consolidation). (Art. 102)
  - 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, industrial hygiene or other rules of occupational safety and health by a person responsible for their observance, resulting in moderate or grave bodily injury, shall be punishable with a fine, deprivation of a certain right, correctional labour, or with imprisonment for a term of up to 3 years.
    The same act which resulted in: a) the death of a person; b) other grave consequences, shall be punishable with imprisonment for up to 5 years, with deprivation of a certain right.
    • Criminal Code of the Republic of Uzbekistan of 22 September 1994 (consolidation). (Articles 50 and 257)

Uzbekistan - 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