Article 182. The rights and obligations of the employer in the field of occupational safety and health of the Labor Code of the Republic of Kazakhstan

Home / Codes / Article 182. The rights and obligations of the employer in the field of occupational safety and health of the Labor Code of the Republic of Kazakhstan

1. The employer has the right:

1) to encourage employees for assistance in creating favorable working conditions in the workplace, rationalization proposals to create safe working conditions;

2) suspend and discipline employees who violate occupational safety and health requirements in accordance with the procedure established by this Code.;

3) require the employee to strictly comply with the requirements for the safe conduct of work in production;

4) send employees at their own expense for preventive medical examinations in cases stipulated by the legislation of the Republic of Kazakhstan or an act of the employer.

2. The employer is obliged to:

1) to assess occupational risk and take measures to minimize and eliminate it by carrying out preventive measures, replacing production equipment and technological processes with safer ones;

2) to provide training, instruction, and verification of employees' knowledge on safety and labor protection issues, as well as to provide documents on the safe conduct of the production process and work at their own expense;

3) to organize training and knowledge testing on occupational safety and health issues for managers and persons responsible for ensuring occupational safety and health, periodically at least once every three years in organizations engaged in professional development, in accordance with the procedure determined by the authorized state body for labor, according to the list approved by the act of the employer;

4) create the necessary sanitary and hygienic conditions for employees, ensure the issuance and repair of special clothing and shoes for employees, supply them with preventive treatment products, detergents and disinfectants, first-aid kits, milk or equivalent food products, and (or) dietary therapeutic and dietary preventive nutrition products, personal and collective protective equipment in accordance with with the standards established by the authorized state body for labor;

5) excluded by the Law of the Republic of Kazakhstan dated 04/06/2016 No. 483-V (effective ten calendar days after the date of its first official publication);

6) to prevent workers under the age of eighteen from carrying and moving weights exceeding the limits set for them;

7) do not allow women to lift and move weights manually that exceed the limits set for them.;

8) to register, record and analyze work-related accidents and occupational diseases;

9) once a quarter, provide the authorized state body for labor and territorial subdivision, employee representatives, upon their written request, with the necessary information to monitor the state of conditions, safety and labor protection;

10) ensure the investigation of accidents related to labor activity in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

11) comply with the instructions and conclusions of the state labor inspectors;

12) to carry out, with the participation of employee representatives, periodic, at least once every five years, certification of production facilities according to working conditions in accordance with the rules approved by the authorized state body for labor;

13) submit, within one month, in writing or through the occupational health and safety information system, information on the results of certification of production facilities according to working conditions;

14) insure an employee against accidents in the performance of his/her labor (official) duties and send to the authorized state labor body information on the conclusion of a contract of compulsory insurance of an employee against accidents in the performance of his/her labor (official) duties in accordance with the procedure determined by the authorized state labor body;

15) take urgent measures to prevent the development of an emergency situation and the impact of traumatic factors on other persons;

16) to develop, approve and revise instructions on occupational safety and health in accordance with the procedure established by the authorized state body for labor;

17) to carry out, at their own expense, mandatory, periodic (during their work) medical examinations and pre-shift medical examinations of employees in cases stipulated by the agreement, collective agreement, legislation of the Republic of Kazakhstan, as well as when transferring to another job with changes in working conditions or signs of occupational disease.;

18) implement an occupational health and safety management system and monitor its functioning.

The footnote. Article 182 as amended by the Laws of the Republic of Kazakhstan dated 04/06/2016 No. 483-V (effective after ten calendar days after the date of its first official publication); dated 04/16/2018 No. 147-VI (effective after ten calendar days after the date of its first official publication); dated 05/04/2020 No. 321-VI (effective ten calendar days after the date of its first official publication); dated 12/21/2023 No. 49-VIII (effective from 01.01.2024).

President

Republic of Kazakhstan

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