RECOMENDATIONS II – National forum of technical labour protection inspectors of the Federation of Trade Unions of the Republic of Kazakhstan «Safe labour is the foundation for the successful development of the society»

The participants of the II National forum of technical labour protection inspectors believe that labour protection is the most important element of a modern state’s social policy. The effective development of business is impossible without compliance with the laws on labour protection and without modernizing the measures to ensure safe working conditions. If there is no labour protection, the working population can`t be healthy, and a state can`t develop without healthy and able-bodied workers.

As a result of a number of measures, implemented by public bodies, employers and trade unions in the field of safety and labour protection, the level of occupational injuries in the country in 2017-2018 reduced by 6,6 %, and the level of fatal occupational injuries reduced by 11,5 %. In the period of 10 months of the 2019 the number of injured reduced by 13 % compared to 2018, including cases with fatal outcome, which reduced by 23%.

The “Road map” for 2019-2023 was established, to reduce production injuries and jobs with harmful working conditions in the Republic of Kazakhstan. The “Safe Labour” programs are being implemented in all regions of the country.

Together with the National chamber of entrepreneurs “Atameken” and the Kazakhstan Confederation of Employers, the National Action “Together we will increase the culture of prevention in the field of labor protection” is being carried out.

A Memorandum on mutual understanding and collaboration in promoting the concept of “zero injuries” was signed with the assistance from FTURK between the Ministry of labor and social protection of population of the Republic of Kazakhstan and the International Social Security Association (ISSA) on June 17, 2019 in Geneva.

At the same time, the participants of the forum note that there has not yet been reached any significant improvement of the working conditions and labour protection, including in reducing the number of people working in harmful conditions. Violations of labour legislation, injuries and occupational illnesses accompany many enterprises. Not enough attention is paid to assessment of workplaces with respect to working conditions, and the results of assesment are not used in full force on practice to improve working conditions and labour protection. Poor working conditions of the employees result in significant economic losses, arising from direct losses of work time, connected with harmful working conditions, and the necessity to provide compensation in the form of reduced working hours, additional leave and raised wages, free curative/preventive nutrition and so on.

It was noted at the forum that now the role of the social partnership bodies of all levels in regulating social and labour relations, including the matters of labour protection, is growing significantly. For its successful implementation, we need to increase legal awareness and social responsibility of the key actors of social partnership.

The participants of the Forum agree that accidents and professional illnesses can be prevented, and that labour protection system must be directed at the prevention of the occupational injuries.

The participants of the Forum draw attention to the heavy workload of the public labour inspectors and their small numbers. The actual number of the public labour inspectors (268 people) is not enough to conduct proper supervision of the compliance with the labour rights of the people, and doesn`t allow to conduct proper preventive work.

At the same time, the system of the Federation of Trade Unions of the Republic of Kazakhstan includes more than 18 thousand technical labour protection inspectors, who protect workers` rights to have labour protection before the employers by means of public control over the compliance with the labour legislation on safety and labour protection, agreements and collective agreements. However, technical labour protection inspectors have limited authority.

The partisipants of the Forum consider it advisable to recomennd:

To the Government of the Republic of Kazakhstan:

– consider the possibility of moving from the methods of compensation of the labour protection management to a modern system, which allows to implement preventive methods of maintaining life and health of the employees at work, as well as reduce all kinds of expenses, connected with poor working conditions;

– define in the Labour code of the RK regulations on the mandatory creation of employment councils on safety and labour protection;

– increase the role of the technical labour protection inspectors, by granting them additional functions to issue orders at the end of the inspection to eliminate violations and direct the orders to  the State inspector for completeing the protocol about administrative offences;

– create an effective system of accident insurances for workers, based on economic interest of employers in constantly improving the working conditions of employees;

– create an effective system of preventive health services for the workers to reduce professional illnesses;

– enhance control of the organizations, providing services in the field of labour protection.

– continue to work on the implementation of the “Public control” project in the enterprise and organizations, in the framework of which people with disabilities participate in ensuring safety and labour protection at the workplaces.

To the employers of the Republic of Kazakhstan:

– analyze the state of labour protection at each enterprise and organization and take measures to improve the organization of labour protection activities in accordance with labour legislation;

– effectively implement the principles of social partnership in the work of preventing occupational injuries and professional illnesses, and complying with the legislation on labour protection at every workplace;

– actively implement innovational programs and technologies on insuring labour

safety and protecting workers` health in the course of employment;

– organize an examination of the performance quality of the workplace assessment, conducted by the assessing organizations, use more effectively the results of the assessment to improve working conditions and labour protection;

– implement the concept of «zero injuries» at enterprises;

– improve training, re-training and professional development of the employees in the field of safety and labour protection;

– include special sections and regulations in the collective agreements in the field of safety and labour protection, health, additional benefits and safeguards for workers and technical inspectors.

in order to strengthen workers` health by engaging them in physical training, consider creating physical training teams and establishing a position of instructors physical training and sports;

in order to maintain and strengthen workers` health, consider the necessity of implementing medical monitoring, and ensure the implementation of physical therapy and industrial gymnastics during the working hours.

 To trade union organizations of the Republic of Kazakhstan:

assist to the development of social partnership, to the enhancement of public control over the working conditions and labour protection in the organizations;

continue the work on the creation of the employment councils in the organizations and the strengthening of the institution of technical labour protection inspectors;

– establish the practice of developing and approving together with the employer the «road map» on the elimination of causes of accidents at work;

initiate the consideration of issues on occupational injuries at the regional and branch tripartite commissions on social partnership and the regulation of social and labour relations with the hearing of the reports from the enterprises` directors;

conduct public awareness activities on an ongoing basis together with the social partners in the field of safety and labour protection;

– ensure that the employers prioritize health and life of the workers in the course of employment.

 The participants of the Forum believe that the proposed measures will allow to intensify the efforts on improving the working conditions and labour protection in the organizations of the Republic of Kazakhstan, enhance the effectiveness of the public labour protection management, ensure the workers` right to labour, fulfilling all the requirements for safety.

 The recommendations were accepted by the participants of the Forum on December 6, 2019 in Nur-Sultan.