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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (OSH) and 176 (safety and health in mines) together.

The Committee notes the observations made by the Confederation of Mongolian Trade Unions (CMTU) on Convention No. 155, which were included in the Government’s report.

Legislation. The Committee notes the adoption of the new Labour Law in July 2021, which will enter into force on 1 January 2022.

1. Occupational Safety and Health Convention, 1981 (No. 155)

Articles 4 and 8 of the Convention. National OSH policy. Laws or regulations giving effect to the national OSH policy. The Committee notes the Government’s indication that the 5th National Programme on Occupational Safety and Health (2017–20) was developed and approved by Government Resolution No. 243 of 2017. The Government also indicates that an action plan under this Resolution was approved by Order No. A/210 of the Minister of Labour and Social Welfare in 2017. The Government indicates that the main goal of the national programme is to improve occupational safety and health laws and standards, implement the state policy to protect the lives and health of workers, identify the causes of industrial accidents and occupational diseases, and reduce accidents. The Committee also notes that, in reply to its previous comment concerning the review of OSH standards and the consultations held with employers’ and workers’ organizations in this regard, the Government refers to the review undertaken in 2018 of 145 national legislative OSH standards (53 related to occupational safety and 92 related to occupational health). The Committee notes that, in its observations, the CMTU considers that the participation of trade unions in the process of the revision of OSH instruments is insufficient. The Committee requests the Government to provide detailed information on the consultations held with the most representative organizations of employers and workers on the measures taken to implement and review the national OSH programme in accordance with Article 4 of the Convention. It also requests the Government to provide information on the progress made in the revision of the national programme 2017-20 and in the adoption of a new programme and plan of action for the following period.

Article 5(b) of the Convention. Adaptation to workers’ capacities. In its previous comment, the Committee requested the Government to provide information on the manner in which working time arrangements, the organization of work and work processes are adapted to the physical and mental capacities of workers as part of the OSH policy. The Committee notes the Government’s reference to the provisions of the law related to hours of work and rest breaks. The Committee also notes that section 43.2.3 of the new Labour Law provides that an employer shall provide employees with a workplace that meets the requirements and standards specified in the Law on Occupational Safety and Health (OSH Law), and that is free from harassment, violence and sexual harassment. It also notes that section 3.1.4 of the OSH Law provides that working environment means the environment which has a direct or indirect impact on the ability to work and on the health of employees in the course of their employment. The Committee once again requests the Government to indicate the measures adopted to ensure that the organization of work and work processes are adapted to the physical and mental capacities of the workers.

Articles 5(e) and 13. Protection of workers from disciplinary measures and undue consequences. In its previous comment, the Committee requested the Government to provide information on the manner in which it is ensured that workers and their representatives are protected from disciplinary measures as a result of actions properly taken by them in conformity with the national OSH policy. The Committee notes the Government’s reference to the provisions of the Labour Law related to the right of employees to appeal to the courts concerning the imposition of disciplinary sanctions. The Committee also notes that, in reply to its previous comment on the application of Article 13, the Government indicates that there is no official interpretation of the terms “certain conditions” in section 18.1.4 of the OSH Law. This section provides that workers have the right to suspend work in the event of a breach of work safety regulations or if there are certain conditions which could cause danger to human life and health. The Committee also notes that, according to the CMTU, the assessment of the conditions which might cause danger to human life and health is left to the employee. It adds that, depending on the circumstances, disciplinary measures may be taken against the employee as a consequence of the actions taken pursuant to section 18.1.4 of the OSH Act. The CMTU states that, in the context of the labour law reform, it proposed that, when considering a disciplinary sanction, the employer should obtain an explanation of the employee’s action. The Committee recalls that Article 5(e) provides for the protection of workers and their representatives from disciplinary measures taken as a result of actions properly adopted by them in conformity with OSH policies. It also recalls that Article 13 provides that a worker who has removed himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health shall be protected from undue consequences. Considering the recent adoption of the new Labour Law, the Committee requests the Government to provide information on the measures taken to give effect to these Articles of the Convention.

Article 12. Responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. In reply to its previous comment regarding the measures taken or envisaged to give effect to Article 12(a), (b) and (c), the Committee notes the Government’s reference to section 31.3.1 of the OSH Act, which provides that sectoral OSH legal documents shall be developed and approved in cooperation with the state administrative authority and relevant professional organizations. The Committee also notes that, as a result of this work, certification procedures on the production and service of machinery and equipment and model construction safety rules were adopted. The Committee requests the Government to indicate whether the rules and certification procedure, as indicated above, define the obligations of persons who manufacture, import, provide or transfer machinery, equipment or substances for occupational use and to provide information on the measures taken to give effect to Article 12(a) (ensure the absence of dangers entailed by machinery, equipment or substances). The Committee further requests the Government to indicate the measures adopted to ensure that the persons referred to in Article 12 make available information concerning the correct installation and use of all types of machinery and equipment (Article 12(b)), and to ensure that such persons keep abreast of the necessary scientific and technical knowledge (Article 12(c)).

2. Safety and Health in Mines Convention, 1995 (No. 176)

Article 3 of the Convention. National policy on occupational safety and health in mining. The Committee notes that, in reply to its previous comment, the Government indicates that the National OSH Committee and the Mining Sub-Committee are composed of representatives of governmental and non-governmental organizations, employers and employees. The Committee also notes that the Government refers to the adoption of safety rules in the mining sector, such as the 2019 unified safety rules for blasting operations, the 2019 safety rules for open-pit mines, the 2019 comprehensive guidelines for disaster risk assessment of open pit mining and concentrators and the unified safety rules for mineral concentrators and processing plants, as revised in 2020. Noting the absence of information on this subject, the Committee requests the Government to provide information on the implementation and periodic review of the policy on safety and health in mines, and on the consultations held in this respect with the social partners. The Committee also requests the Government to provide an update on the implementation of the subprogramme on OST in the mining sector, within the framework of the Fifth National Programme on Occupational Safety and Health.

Articles 5(1) and 16. Competent authority to monitor OSH in mining, and inspection. The Committee notes the Government’s indication that the main body in charge of occupational safety and health and of monitoring the implementation of labour protection legislation is the General Agency for Specialized Inspection. The Committee also notes the Government’s indication that the Agency currently consists of 66 state labour inspectors, which will be increased by 16, and 31 state labour safety inspectors, to be increased by 3. The Committee further notes that, according to the Government, it will be possible to employ two state labour inspectors in prefecture-level subdivisions (aimags) with large mining and infrastructure facilities, by including these costs in the 2020 budget. The Committee notes the Government’s reference to Resolution No. 236 of June 2019, which requires the provision of the necessary tools and equipment to increase the capacity of state inspections in the mining and infrastructure sectors. The Committee requests the Government to provide further information on the organization and functioning of the General Agency for Specialized Inspection responsible for supervising safety and health in mining, on the resources available to this inspection service and on the applicable legal framework. In addition, the Committee requests the Government to provide further information on the number of inspections conducted, violations identified and penalties and corrective measures established in relation to OSH in mining, in accordance with Article 16(1) of the Convention.

Article 5(2)(e). Power of the competent authority to suspend or restrict mining activities on safety and health grounds. The Committee notes the Government’s indication that the General Agency for Specialized Inspection is entitled to close or restrict the operation of a mine based on safety and health conditions, and to close or restrict the operation of a mine until proper conditions are ensured. The Committee requests the Government to indicate the provisions of national law that establish the powers of the General Agency for Specialized Inspection to suspend or restrict mining activities on safety and health grounds, until the conditions giving rise to the suspension or restriction have been corrected.

Article 5(4)(b). Obligation to provide and maintain adequate self-rescue respiratory devices. The Committee notes the Government’s indication that the workers employed in the Oyu Tolgoi underground mine are fully equipped with personal protective equipment and respirators. The Committee recalls the importance of ensuring that adequate well-maintained self-rescue respiratory devices are provided for workers in underground mines, particularly coal mines. The Committee requests the Government to provide further information on the measures taken to ensure that employers have the obligation to provide and maintain adequate self-rescue respiratory devices for workers in underground coal mines and other underground mines, where necessary.

Article 5(4)(c). Abandoned mines. The Committee notes the Government’s indication that there are currently no decommissioned facilities at the Oyu Tolgoi mine complex. While noting this information, the Committee once again requests the Government to provide information on the measures taken or envisaged in law and in practice to give effect to Article 5(4)(c) of the Convention to ensure that protective measures are taken to secure abandoned mine workings so as to eliminate or minimize risks to safety and health.

Article 5(5). Plans of workings. In the absence of information provided by the Government in response to its previous comments, the Committee once again requests the Government to provide information on the measures taken or envisaged in law and in practice to give effect to Article 5(5) of the Convention to ensure that an employer in charge of mines has the obligation to prepare plans of workings before the start of operations, and in the event of any significant modification, that such plans are brought up to date periodically and kept available at the mine site.

Article 7(c). Measures to maintain ground stability. In the absence of information in this respect, the Committee once again requests the Government to provide information on the measures taken or envisaged in law and practice to ensure that employers have an obligation to take steps to maintain the stability of the ground in areas to which persons have access in the context of their work.

Article 7(i). Stopping operations and evacuation of workers to a safe location. The Committee previously noted the Government’s reference to section 28.1.2 of the OSH Act, which provides that in the event of a situation endangering human life or health, the operation shall be stopped immediately and the dangerous situation shall be promptly eliminated. In the absence of the requested information, the Committee once again requests the Government to provide information on the measures taken in law and practice to ensure that when there is serious danger to the safety and health of workers in mining, workers are evacuated to a safe location.

Article 10(b). Supervision and control at each shift. The Committee previously noted that section 15 of the underground ore safety rules (Joint Order No. 229 of 2015) provides that mine management, engineers and technicians are required to visit the mine regularly to ensure that mining operations are carried out in an orderly manner and that occupational safety and health is fully monitored. During the shift, the shift supervisor is required to inspect each workplace and personally supervise mining work undertaken under difficult working conditions. The Committee notes the Government’s reference to section 28.1.6 of the OSH Act, which requires the employer to approve and implement rules, regulations and procedures in accordance with the nature of the workplace. The Committee notes that section 423(a) of the general open pit safety rules requires the shift supervisor of an open pit to inspect each shift and record the results in the logbook. The Committee takes note of this information, which addresses its previous request.

Article 10(c). Measures and procedures to establish a recording system of the names and probable location of all persons who are underground. The Committee notes the Government’s indication, with reference to the underground ore safety rules, that all underground mines are required to keep regular records of all underground workers entering and exiting the mine in accordance with the relevant regulations. However, the Committee notes that the Government does not provide information on the manner in which the probable location of workers in the mine is recorded. The Committee therefore once again requests the Government to provide further information on how effect is given to this Article of the Convention, including specific reference to the relevant provisions of the legislation.

Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. Noting the absence of information on this subject, the Committee once again requests the Government to provide information on the measures taken in law and practice to ensure that whenever two or more employers undertake activities at the same mine, the employer in charge of the mine shall coordinate the implementation of all measures concerning the safety and health of workers and shall be held primarily responsible for the safety of the operations.

Article 13(1)(a), (b), (e) and (f), (2)(c), (d) and (f), (3) and (4). Rights of workers and their representatives. The Committee notes the Government’s reference to section 18.1.4 of the OSH Act, which provides that workers have the right to suspend work in the event of a breach of work safety regulations or if there are certain conditions which could cause danger to human life and health. The Committee notes that this provision ensures the application of Article 13(1)(e) of the Convention. Noting the absence of relevant information provided by the Government in response to its previous comments, the Committee once again requests the Government to indicate the legal provisions giving effect to the rights of workers: (i) to report accidents, dangerous incidents and hazards (Article 13(1)(a)); (ii) to request and obtain inspections and investigations (Article 13(1)(b)); and (iii) to collectively select safety and health representatives (Article 13(1)(f)). It also once again requests the Government to provide information on the measures taken in law and practice to ensure the rights of workers and their representatives: (i) to have recourse to advisers and independent experts (Article 13(2)(c)); (ii) consult with the employer in a timely fashion on safety and health matters, including policies and procedures (Article 13(2)(d); (iii) to consult with the competent authority (Article 13(2)(e)); and (iv) to receive notice of accidents and dangerous occurrences (Article 13(2)(f)). Noting its comments on the application of Articles 5(e) and 13 of Convention No. 155, the Committee further requests the Government to provide information on the legislative and other measures adopted to determine the procedures established for the exercise of the rights listed in Article 13(1) and (2), and to indicate the measures taken to ensure that these rights can be exercised without discrimination or retaliation, in accordance with Article 13(3) and (4).

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 5(b) of the Convention. Adaptation to workers’ capacities. The Committee notes the Government’s reference, in reply to its previous request, to section 9 of the 2008 Law on Labour Safety and Health, as amended, on requirements with respect to machinery and equipment, and section 12 on requirements with respect to toxic and dangerous chemical substances, explosive devices, radioactive and biologically active substances. The Committee requests the Government to provide information on the manner in which working time arrangements, the organization of work, and work processes are adapted to the physical and mental capacities of the workers as part of the occupational safety and health policy.

Article 5(d). Communication and cooperation. The Committee notes the information provided by the Government in reply to its previous comments concerning the measures taken to improve cooperation at the level of the undertaking, including a resolution of the Ministry of Labour of 2012 on the organization of Occupational Safety and Health (OSH) committees in workplaces with more than 20 employees and the appointment of safety and health officers in workplaces with more than 50 workers.

Article 5(e). Protection of workers from disciplinary measures. In its previous comments, the Committee requested the Government to provide more information on the meaning of the notion “illegal disciplinary measures” contained in section 141.1.9 of the Labour Law, which prohibits the imposition of such measures. In this respect, the Committee notes the Government’s statement that while the Law on Labour Safety and Health does not provide for disciplinary sanctions for workers, businesses can regulate this through internal rules. The Committee requests the Government to provide information on the manner in which it is ensured that workers and their representatives are protected from disciplinary measures as a result of actions properly taken by them in conformity with the national OSH policy.

Article 8. Laws or regulations giving effect to the national OSH policy. The Committee notes that the Ministry of Labour, in cooperation with employers’ and workers’ representatives, intends to review 90 per cent of national standards on OSH in order to meet international standards. The Committee requests the Government to provide information on the review undertaken, including the consultations held with employers’ and workers’ organizations, and to provide information on the outcome of this review.

Article 12. Responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. With reference to its previous comments, the Committee requests the Government to provide information on the measures taken or envisaged to give effect to Article 12(a), (b) and (c).

Article 13. Protection of workers from undue consequences. The Committee notes the Government’s reference, in reply to its previous comments, to section 18.1.4 of the Law on Labour Safety and Health, which provides that workers have the right to suspend work in the event of a breach of work safety regulations or if there are certain conditions which could cause danger to human life and health. The Committee recalls that Article 13 requires that a worker who has removed himself/herself from a work situation which he/she has reasonable justification to believe presents an imminent and serious danger to his/her life or health shall be protected from undue consequences, and requests the Government to provide information on the meaning of the term “certain conditions” in section 18.1.4 of the Law on Labour Safety and Health.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

The Committee also notes the information provided in response to the Committee’s 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.

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.

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

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Further to its observation, the Committee notes the information provided by the Government in its latest report, and the attached documentation, indicating recent legislative amendments. The Committee notes with interest the adoption of the Law on labour safety and hygiene, approved by Parliament on 22 May 2008, and the implementation of the Third National Programme on Improving Occupational Safety and Health 2005–10, approved by Government Resolution No. 75 in 2005, which give further effect to the provisions of the Convention. The Committee also notes the responses provided by the Government indicating the effect given to Article 5(a) and (c), Article 10 and Article 19(a) of the Convention. The Committee asks the Government to continue to provide information on relevant legislative measures undertaken with regard to the Convention.

Article 5(b), (d) and (e). The extent to which the national policy on occupational safety and health covers the main spheres of action enumerated in these provisions. The Committee notes the information provided by the Government indicating that the purpose of the Law on labour safety and hygiene is to determine the state policy and principles on labour safety and health, and to ensure fulfilment of requirements and standards for labour safety and health at workplaces and to create a safe and hygienic work environment for workers. The Committee asks the Government to provide reference to specific measures under national legislation or the national policy, which ensure relationships between the material elements of work and the persons who carry out or supervise the work (Article 5(b)); communication and cooperation at the levels of the working group and the undertaking (Article 5(d)); and protection of workers and their representatives from disciplinary measures as a result of action properly taken by them (Article 5(e)).

Article 12. Responsibilities on those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. The Committee notes references by the Government to provisions in the Law on labour safety and hygiene which provide obligations on employers to ensure standards of labour safety and hygiene. The Committee notes, however, that no information has been provided as to the responsibilities on those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. The Committee asks the Government to provide reference to specific legislative measures which ensure that effect is given to each paragraph of Article 12 of the Convention.

Article 13. Protection of workers from undue consequences in the case of removal from a dangerous work situation. The Committee notes the information provided by the Government indicating that section 18 of the Law on labour safety and hygiene gives workers the right to suspend work in situations where work safety regulations are violated or certain conditions which could cause danger to human life and health emerge in the course of work performance. The Committee asks the Government to specify measures taken or envisaged to ensure that workers, who have removed themselves from a dangerous work situation, are protected from undue consequences as a result of their actions.

Article 19(b) and (c). Rights of safety and health representatives. The Committee notes that section 35.3 of the Law on labour safety and hygiene states that representatives of employees and officials shall have the right to participate in the process of internal monitoring of business entities and organizations. The Committee asks the Government to provide further information on measures undertaken or envisaged to ensure that safety and health representatives cooperate with the employer in the field of occupational safety and health and are given adequate information on measures taken by the employer to secure occupational safety and health, and may consult their representative organizations about such information provided they do not disclose commercial secrets.

Article 20. Arrangements to ensure cooperation between management and workers within the undertaking. The Committee notes that section 17.4 of the Law on labour safety and hygiene requires an employer to conduct training on labour safety and hygiene at least twice a year for all employees. The Committee notes, however, that the Government has not provided information on the general requirement for cooperation between management and workers and/or their representatives within the undertaking with regard to occupational safety and health. The Committee asks the Government to provide information on measures undertaken or envisaged to give full effect to Article 20 of the Convention.

Part V of the report form. Application in practice. The Committee welcomes the information provided by the Government indicating that between 1997 and 2004 the number of occupational accidents, and the number of persons who were in accidents, decreased by 0.4 per cent overall, while also noting that the number of occupational accidents in the construction sector saw an increase during this period. The Committee further notes the information indicating the targeted approach undertaken by the Government to address this increase, and that preliminary figures show that this approach has been successful in reducing the number of occupational accidents in the construction sector. The Committee asks the Government to continue to provide information on the application of the Convention in practice, including statistical information, disaggregated by gender if available, on the number and nature of accidents and contraventions reported.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the observations by the Confederation of Mongolian Trade Unions (CMTU), received by the ILO on 5 November 2008 and transmitted to the Government on 12 December 2008, which raise problems with regard to the application of Convention No. 155. The Committee notes that the CMTU considers that several railroad accidents, resulting in injured workers, have occurred due to a number of shortcomings regarding the application of the provisions of the Convention, including inadequate training of workers; lack of enforcement of safety measures in relation to chemical hazards; failure to notify the competent authority in cases of occupational accidents; and omitting to take into account the importance of mental elements affecting health, which is directly related to safety and health at work. The Committee asks the Government to respond to the observations made by the CMTU in its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Further to its observation, the Committee notes the information provided by the Government in its latest report, and the attached documentation, indicating recent legislative amendments. The Committee notes with interest the adoption of the Law on labour safety and hygiene, approved by Parliament on 22 May 2008, and the implementation of the Third National Programme on Improving Occupational Safety and Health 2005–10, approved by Government Resolution No. 75 in 2005, which give further effect to the provisions of the Convention. The Committee also notes the responses provided by the Government indicating the effect given to Article 5(a) and (c), Article 10 and Article 19(a) of the Convention. The Committee asks the Government to continue to provide information on relevant legislative measures undertaken with regard to the Convention.

Article 5, subparagraphs (b), (d) and (e). The extent to which the national policy on occupational safety and health covers the main spheres of action enumerated in these provisions. The Committee notes the information provided by the Government indicating that the purpose of the Law on labour safety and hygiene is to determine the state policy and principles on labour safety and health, and to ensure fulfilment of requirements and standards for labour safety and health at workplaces and to create a safe and hygienic work environment for workers. The Committee asks the Government to provide reference to specific measures under national legislation or the national policy, which ensure relationships between the material elements of work and the persons who carry out or supervise the work (Article 5(b)); communication and cooperation at the levels of the working group and the undertaking (Article 5(d)); and protection of workers and their representatives from disciplinary measures as a result of action properly taken by them (Article 5(e)).

Article 12. Responsibilities on those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. The Committee notes references by the Government to provisions in the Law on labour safety and hygiene which provide obligations on employers to ensure standards of labour safety and hygiene. The Committee notes, however, that no information has been provided as to the responsibilities on those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. The Committee asks the Government to provide reference to specific legislative measures which ensure that effect is given to each paragraph of Article 12 of the Convention.

Article 13. Protection of workers from undue consequences in the case of removal from a dangerous work situation. The Committee notes the information provided by the Government indicating that section 18 of the Law on labour safety and hygiene gives workers the right to suspend work in situations where work safety regulations are violated or certain conditions which could cause danger to human life and health emerge in the course of work performance. The Committee asks the Government to specify measures taken or envisaged to ensure that workers, who have removed themselves from a dangerous work situation, are protected from undue consequences as a result of their actions.

Article 19, subparagraphs (b) and (c). Rights of safety and health representatives. The Committee notes that section 35.3 of the Law on labour safety and hygiene states that representatives of employees and officials shall have the right to participate in the process of internal monitoring of business entities and organizations. The Committee asks the Government to provide further information on measures undertaken or envisaged to ensure that safety and health representatives cooperate with the employer in the field of occupational safety and health and are given adequate information on measures taken by the employer to secure occupational safety and health, and may consult their representative organizations about such information provided they do not disclose commercial secrets.

Article 20. Arrangements to ensure cooperation between management and workers within the undertaking. The Committee notes that section 17.4 of the Law on labour safety and hygiene requires an employer to conduct training on labour safety and hygiene at least twice a year for all employees. The Committee notes, however, that the Government has not provided information on the general requirement for cooperation between management and workers and/or their representatives within the undertaking with regard to occupational safety and health. The Committee asks the Government to provide information on measures undertaken or envisaged to give full effect to Article 20 of the Convention.

Part V of the report form. Application in practice. The Committee welcomes the information provided by the Government indicating that between 1997 and 2004 the number of occupational accidents, and the number of persons who were in accidents, decreased by 0.4 per cent overall, while also noting that the number of occupational accidents in the construction sector saw an increase during this period. The Committee further notes the information indicating the targeted approach undertaken by the Government to address this increase, and that preliminary figures show that this approach has been successful in reducing the number of occupational accidents in the construction sector. The Committee asks the Government to continue to provide information on the application of the Convention in practice, including statistical information, disaggregated by gender if available, on the number and nature of accidents and contraventions reported.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the observations by the Confederation of Mongolian Trade Unions (CMTU), received by the ILO on 5 November 2008 and transmitted to the Government on 12 December 2008, which raise problems with regard to the application of Convention No. 155. The Committee notes that the CMTU considers that several railroad accidents, resulting in injured workers, have occurred due to a number of shortcomings regarding the application of the provisions of the Convention, including inadequate training of workers; lack of enforcement of safety measures in relation to chemical hazards; failure to notify the competent authority in cases of occupational accidents; and omitting to take into account the importance of mental elements affecting health, which is directly related to safety and health at work. The Committee asks the Government to respond to the observations made by the CMTU in its next report.

The Committee is raising other points in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2010.]

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee takes note of the information provided by the Government in its first and second reports. It notes the adoption of the National Programme on Improving Occupational Safety and Health Conditions (2001-04) approved by Government Resolution No. 153 of 4 July 2001. The Committee requests the Government to communicate supplementary information with respect to certain points.

2. Article 5 of the Convention. The extent to which the national policy on occupational safety and health covers the main spheres of action enumerated in these provisions. The Committee notes from the Government’s report that some measures would be taken in order to implement the objectives of the Government Action Plan. It requests the Government to indicate in which manner such measures will cover the main spheres of action enumerated in this Article.

3. The Government is requested to indicate measures to give effect to these provisions:

n  Article 10 - measures to help employers and workers to comply with legal obligations in providing guidance;

n  Article 12 - measures to ensure that those who design, manufacture, import, provide, transfer machinery, equipment, substances would be satisfied that they do not entail danger, would give necessary information on correct installation and use of them;

n  Article 13 - protection of workers from undue consequences in the case of moving from a dangerous work situation;

n  Article 19, paragraphs (a) to (c) - measures to take at the level of undertaking through which workers as well as their representatives cooperate with the employer in the field of OSH and workers’ representatives are given adequate information on employers’ actions and steps to secure OSH;

n  Article 20 - arrangements to ensure cooperation between management and workers within the undertaking.