Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Convention (n° 77) sur l'examen médical des adolescents (industrie), 1946 - Azerbaïdjan (Ratification: 1992)

The Committee notes the information provided by the Government in its report. It requests the Government to provide further information on the following points.

Article 2, paragraph 2, of the Convention. The Committee had previously noted the Government’s indication that Ordinance No. 13 of 23 January 1990, “On the conduct of preventive medical examinations” gives effect to these provisions of the Convention. The Committee notes the Government’s information that all medical examination results are entered on the worker’s “medical card” and on to the “supplementary sheet” for that examination. The Committee also notes the Government’s statement that resolution No. 142 of 12 June 2006, “On establishment of a procedure for the implementation of the medical certification cards system” introduced the system of medical certification cards equipped with a microchip containing data from a worker’s medical examinations of all types, including those of workers under 18 years of age. The Committee requests the Government to supply with its next report, a copy of Ordinance No. 13 of 23 January 1990, “On the conduct of preventive medical examinations” and its amendment of 2005, and resolution No. 142 of 12 June 2006, “On establishment of a procedure for the implementation of the medical certification cards system”.

Article 2, paragraph 3. The Committee had previously requested the Government to indicate whether the above “medical card” can prescribe specified conditions of employment, or be issued for a specified job or for a group of jobs or occupations involving similar health risks which have been classified as a group by the authority responsible for the enforcement of the laws and regulations concerning medical examinations for fitness for employment. The Committee notes the Government’s information that, prior to the medical examination, the director of an enterprise submits a certificate to the concerned medical institution, including details such as the name, date of birth, profession of the persons applying for the job and informing of any dangerous factors in the workplace such as noise, vibration, electromagnetic radiation, dust, carcinogenic substances, etc. to the concerned medical institution with which an agreement has been concluded to conduct the examination. Noting the Government’s information regarding the details to be furnished to the medical institution prior to a medical examination, the Committee requests the Government to indicate whether the document certifying fitness for employment can prescribe specified conditions of employment or be issued for a specific job or group of jobs involving similar health risks which have been classified as a group by the competent authority.

Article 2, paragraph 4. The Committee notes the Government’s information that, in accordance with Ordinance No. 13 of 1990, the medical examination of persons under 18 years of age on entering jobs is carried out by doctors at the medical institutions having a licence to carry out such activity and which is serving the concerned enterprise.

Article 3, paragraph 3. Following its previous comments, the Committee notes the Government’s information that additional or extraordinary medical examinations may be carried out at the workers’ request or on the doctors’ orders. The Committee further notes the Government’s information that, in cases where a periodic medical examination shows signs of an occupational disease, the worker shall be sent to the Occupational Pathology Department of the Ministry of Health Care, National Scientific and Research Institute for Preventive Medicine under an established procedure, for specialist treatment and for more precise diagnosis and to ascertain to what extent the disease results from her/his work. The Committee also notes the Government’s information that Order No. 13 of 23 January 1990, “On the conduct of preventive medical examinations” requires regular medical examinations at intervals of between three months and two years, depending on the nature of the work performed. The Committee takes due note of this information.

Article 4. Following its previous comments, the Committee notes the Government’s information that matters relating to the prior and periodic medical examination of workers above 18 years of age are regulated by resolution No. 1 of 3 January 2000, “On the establishment of a list of workplaces and occupations with difficult, harmful and dangerous conditions of work that may have a negative effect on the health of workers, and on the protection of those working in the food industry, catering, health care, commerce and other similar workplaces where workers must undergo a medical examination on concluding an employment contract”, and by Order No. 13 of 23 January 1990, “On the conduct of preventive medical examinations”. The Committee requests the Government to supply a copy of resolution No. 1 of 3 January 2000.

Article 6. The Committee notes sections 231 and 232 of the Labour Code providing for the employer’s obligation to transfer workers to lighter work under medical orders in order to protect their health. The Committee notes section 15 of Law No. 284 of 1992 on the social protection of disabled persons, which provides disabled children with pre-school and out-school education, as well as disabled persons with secondary, vocational training, specialized secondary and higher education according to the individual rehabilitation programme. The Committee also notes the Government’s information that the Ministry of Education system includes special schools for children and young people who suffer from incurable physical disability (those who are deaf mute, blind or mobility impaired) that prevents them from working in industrial enterprises without some kind of special preparation, where these individuals can acquire a vocation. The Committee takes due note of this information. The Committee requests the Government to provide information on the cooperation between the various services for the purposes of paragraph 2 of this Article, as well as any information on the application of paragraph 3.

Article 7. The Committee notes the Government’s information that the monitoring bodies are able to obtain the doctor’s certificates regarding the health of any particular worker under 18 directly from the enterprise concerned. The Committee notes the absence of information in the Government’s report with regard to the legislation giving effect to the provisions of this Article. The Committee once again requests the Government to indicate whether, and under which laws or regulations, the employer is required to file and keep available to labour inspectors either the “medical card”, or the work permit or workbook showing that there are no medical objections to employment, in accordance with paragraph 1 of this Article.

Part V of the report form. The Committee requests the Government to provide general information on the application of the Convention in practice, and to attach extracts from reports on the number of young persons who are engaged in work and who are subject to medical examinations, as well as extracts from the reports of the inspection services and available statistics, for example, concerning the number and nature of contraventions reported.