Dear Bakytzhan Abdirovich!
In accordance with the Labor Code, the state ensures compliance with and protection of occupational safety and health requirements, while employers and employees ensure its safety.
At the same time, control over compliance with occupational safety and health requirements is carried out in relation to all enterprises, including hazardous production facilities.
Let me emphasize the main conclusions of work safety and labor protection, taking into account the obligations of the parties to the labor relations.
First. Renewing Occupational Safety and Health Standards
Over the past two years since the adoption of the new Labor Code:
- An inventory of the current 430 standard for occupational safety and health has been made and a list of standards that are subject to the optimization, revision and development of the Third Revival Strategy has been defined;
- As a result of the first stage 11 norms of labor safety and labor protection were revised and brought into line with new norms.
Work to upgrade the occupational health and safety standards in accordance with international requirements will be completed by 2021.
The second. Introduction of incentives for occupational safety and health
To improve the situation and prevent occupational injuries and occupational diseases:
a) over 1,400 (one thousand four hundred) enterprises of the country have implemented labor safety and health standards recommended by the ILO (OHSAS 18001, ILO-OSH);
b. More than 12,000 production councils have been created, which on a parity basis include representatives of employers and workers;
c) the mechanism of voluntary declaration by the employer of conformity of its activity to the requirements of labor legislation is implemented. Today
131 employers became owners of such certificates of trust and for three years excluded from the list of enterprises subject to scheduled inspection;
d) the requirements for activities for the certification of production facilities on working conditions have been strengthened. Certification is carried out only by specialized organizations that have an accredited testing laboratory.
As a result of comprehensive measures taken by state bodies and employers, positive dynamics are continuing to create safe working conditions for workers.
In 2016, the number of casualties in production decreased by 2.4% compared to 2015 (from 1,723 people to 1,683 people).
In 2016, more than 670,000 workers received various compensations for working in harmful labor conditions. For these purposes, employers allocated KZT99.7 billion.
Third. State control over the provision of safe working conditions
Despite a general decrease in the level of injuries, more than 1,500 (1,683) workers are injured on the job every year, and about two hundred and fifty (248) are killed, including at hazardous production facilities (381 injured, 58 killed).
According to the National Center for Occupational Health and Occupational Diseases, over the past five years, more than 2,600 (two thousand six hundred) people have been diagnosed for the first time.
Traditionally, the construction industry (16.0%) and the mining and metallurgical complex (15%) are traditionally traumatic, where there is an unsatisfactory state of structures, buildings and equipment.
In the regional context, following the results of nine months of this year. high rates of injuries in production are preserved in Pavlodar (159 people suffered), East Kazakhstan (141 people), Karaganda (140 people), Kostanay (109 people) regions, where industrial enterprises of the republic are predominantly located.
As of October 1, 2017, 7743 (seven thousand seven hundred and forty-three) inspections were carried out by the state labor inspectors of the regions, and 2890 (two thousand eight hundred and ninety) violations in the field of labor safety and safety were detected, including 1002 (one thousand and two) violations.
Based on the results of inspections, 657 instructions were issued to employers to eliminate the violations of safety and labor protection, and 241 administrative fines were imposed for a total of KZT 46.9 million.
In connection with the threat to life and health of employees, the work of 20 organizations and production facilities, 11 pieces of equipment and mechanisms, and 230 officials were relieved of their posts.
In order to consider the responsibility of officials responsible for the violations committed, 1201 materials were sent to law enforcement agencies, according to which 158 criminal cases were initiated.
At present, in order to improve the instruments of state control, in conjunction with the Committee on Legal Statistics and Special Accounts of the General Prosecutor's Office, work is being carried out to automate sources of information and risks to strengthen preventive control over compliance with labor protection requirements.
Fourth. Improvement of the safety and health protection system and protection of workers' health
Today, employers practically do not enjoy the right not to deduct compulsory professional pension contributions while eliminating hazardous working conditions at work. And more than 8 thousand enterprises continue to deduct 5% of contributions in favor of 432 thousand (four hundred and thirty two thousand) workers employed in harmful working conditions.
Expenses for various compensations to workers for work in harmful labor conditions increased from 78 (seventy-eight) billion tenge in 2012 to 100 (one hundred) billion tenge in 2016. More than 30% of the expenses (30.1 billion tenge) of employers for compensation in harmful and dangerous working conditions for 2016 falls on the mining industry.
These costs can be reduced and reduced by employers themselves by improving working conditions or by transferring workers to safer types of work.
In this connection, I would like to touch upon one more issue related to compensation of employment for workers engaged in harmful production conditions. In accordance with the Labor Code, one of them is the provision of additional holidays of at least six days. Based on the results of the certification of production facilities, a long duration can be established by the decision of employers.
In practice, employers submit leave to employees, according to the List of Professions and Manufactures approved by the authorized body. This leads to certain distortions and violations of the fundamental principles of labor protection:
- workers whose occupations are not included in this list can remain without additional leave and appropriate benefits and compensation, despite being employed in special production conditions, and
- employers who have improved production conditions and eliminated harmful production factors are forced to provide additional leave on the List and incur unjustified costs.
To solve this problem, taking into account the world and domestic experience, it is proposed to proceed to provide additional holidays not on the List, but in the presence of harmful production factors established in the course of attestation and assessment of occupational risks.
In this case, first, all employees engaged in harmful production, irrespective of their professions, will be covered by benefits and compensations.
Secondly, employers will have an incentive to improve working conditions and accelerate the introduction of labor standards.
To date, relevant scientific applied research is being conducted and in 2018-2019 new approaches will be introduced into the labor legislation with differentiated provision of guarantees to workers engaged in labor activities in harmful working conditions (additional leave, shorter working hours, higher wages) when the volume guarantees will be determined taking into account the results of certification.
In addition, within the framework of the expert group established in the Ministry until the end of this year, proposals will be developed aimed at:
- to improve the quality of performance appraisals on working conditions and the effectiveness of measures taken based on the results of certification, providing for the classification of working conditions (optimal, permissible, harmful, dangerous);
- improvement of the procedure for investigating accidents, in particular the definition of the relationship between an accident and work activity and the establishment of a mixed responsibility of the parties (employer and employee).
These are the main indicators in the field of safety and labor protection. As we see, there are still questions and we will continue working on them, together with interested state bodies and social partners.
Thank you for attention.