Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Occupational Safety and Health Convention, 1981 (No. 155) - Mongolia (Ratification: 1998)

The Committee notes the information provided by the Government in response to its comments related to the observations of the Confederation of Mongolian Trade Unions including that the case at issue – which occurred in 2005 – has been settled by the Mongolian Courts of Justice, that the injured workers have been compensated according to the relevant national legislation, and that the Government has made further efforts to further improve its occupational safety and health system by revising relevant legislation including by the adoption of the Law on Occupational Safety and Health in 2008.

The Committee also notes the information provided in response to the Committees previous comment including information indicating effect given to Articles 5(d) and 20 of the Convention. The Committee asks the Government to keep the office informed on relevant legislative measures undertaken with regard to the Convention.

Article 5(b) of the Convention. Relationships between the material elements of work and the persons who carry out or supervise the work. The Committee notes that the Government’s report is silent with regard to specific measures taken to give effect to this provision of the Convention. With reference to the General Survey of 2009 on occupational safety and health, in particular its paragraph 68, the Committee wishes to underscore that this provision refers to the need to ensure that machinery, equipment, working-time arrangements, organization of work, and work processes are adapted to the physical and mental capacities of the workers and that this adaptation is an important element of prevention of occupational accidents and diseases, including, in particular, musculoskeletal diseases. The Committee requests the Government to provide more detailed information on measures taken, in law and in practice on how effect is given to this provision of the Convention.

Article 5(d). Communication and cooperation at the levels of the working group and the undertaking and at all other appropriate levels. The Committee notes the Government’s reference to the establishment, in 2009, of a National Tripartite Committee on Occupational Safety and Health, which is in charge of ensuring communication and cooperation on occupational safety and health (OSH) at the national level by organizing activities on the creation of safe and healthy working conditions, promotion of compliance with OSH legislation, prevention from work-related accidents and occupational diseases. The Committee also notes, with interest, that a National Tripartite Agreement on Labour and Social Consensus for 2010–11 has been concluded. At the level of the enterprise, the Government mentions the enterprise level councils, with the duty of monitoring workplace conditions, safety and equipment, and machinery. The Committee requests the Government to continue to provide information on the application in practice of this provision of the Convention, and asks the Government to supply the Office with a copy of the Agreement National Tripartite Agreement on Labour and Social Consensus for 2010–11.

Article 5(e). Protection of workers from disciplinary measures. The Committee notes the information provided by the Government indicating that, by virtue of section 141.1.9 of the Labour Law, an employer who imposes illegal disciplinary measures on employees or employee representatives could be fined by the Labour Court. While this provision appears to give partial effect to this provision of the Convention, the meaning of “illegal disciplinary measures” in this context is not quite clear. The Committee asks the Government to provide further information on the application of this provision including, in particular on the meaning of the notion “illegal disciplinary measures” in this context.

Article 12. Responsibilities on those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. The Committee notes the information supplied by the Government on the measures undertaken according to the “Law on Control over Flows of Explosive Substances and Explosive Devices” in order to prevent danger and ensure safety and health of those using the named substances. In addition, the Committee notes the reference to the training activities delivered by professional teams and NGOs on hazards and risks associated with manufacturing, handling, and using of machinery. The Committee notes, however, that national law and practice do not determine the types of measures to be taken in compliance with other part of this provision of the Convention. The Committee asks the Government to provide further information, including reference to relevant legislation which ensures that effect is given to each paragraph of Article 12 of the Convention.

Article 13. Protection of workers from undue consequences. The Committee notes the information provided by the Government indicating that, as agreed under the Government Action Plan for 2011–12, a working group will propose a revision of the Mongolian Labour Law so as to introduce, inter alia, a protection of workers in line with Article 13 of the Convention. The Committee asks the Government to keep the Office informed on the measures taken to give effect in law and in practice to this Article of the Convention.

Article 19(b) and (c). Rights of safety and health representatives. The Committee notes that, subject to a reference in section 5.8 of the Law on Trade Union Rights which requires employers to provide accurate information on OSH-related matters and that trade unions have the right to access information on the management of OSH, the Government’s report is silent as regards the application of these provisions of the Convention. The Committee requests the Government to provide accurate information on the mechanisms adopted at the level of the undertaking in order to ensure that representatives of workers are given adequate information on OSH measures adopted by the employer, provided they do not disclose commercial secrets.

Part V of the report form. Application in practice. The Committee welcomes the detailed statistical information provided by the Government. It notes that according thereto there has been an increase in the number of work-related accidents and deaths between 2007 and 2008 including in the construction sector. The Committee further notes the measures taken to address this increase in the construction sector. The Committee asks the Government to provide information on the impact of the measures taken to curb the recorded increase of occupational accidents and diseases in the construction sector and to continue to provide information on the application of the Convention in practice in all sectors, including statistical information, disaggregated by gender if available, on the number and nature of accidents and contraventions reported.