On the ratification of the Convention on Occupational Safety and Health in Construction (Convention 167)

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Law of the Republic of Kazakhstan dated June 19, 2007 No. 263

To ratify the Convention on Occupational Safety and Health in Construction (Convention 167), adopted in Geneva by the 75th Session of the General Conference of the International Labour Organization on June 20, 1988.

President of the Republic of Kazakhstan

INTERNATIONAL LABOUR ORGANIZATION

 CONVENTION 167

Convention on Occupational Safety and Health in Construction (adopted on June 20, 1988)

CONVENTION 167

Convention on Occupational Safety and Health in Building1

The General Conference of the International Labour Organization, convened in Geneva by the Governing Body of the International Labour Office and meeting on 1 June 1988 for its seventy-fifth session, taking into account the relevant international conventions and recommendations on labour and, in particular, the 1937 Convention and Recommendation on Safety in Construction, the 1937 Recommendation on Cooperation in the Prevention of Accidents in the Construction Industry, the 1960 Convention and Recommendation on Protection against Radiation, The 1963 Convention and Recommendation on the Supply of Protective Devices to Machinery, the 1967 Convention and Recommendation on Maximum Load, the 1974 Convention and Recommendation on Occupational Cancers, the 1977 Convention and Recommendation on the Working Environment (Air Pollution, Noise and Vibration), the 1981 Convention and Recommendation on Occupational Safety and Health, the Convention and The 1985 Occupational Health Services Recommendation, the 1986 Convention and Recommendation on Occupational Safety in the Use of Asbestos, and the 1980 list of Occupational Diseases, The annex to the 1964 Convention on Occupational Injury Benefits, having decided to adopt a number of proposals on occupational safety and health in construction, which is the fourth item on the agenda of the session, having decided to give these proposals the form of an international convention, adopts on this twentieth day of June one thousand nine hundred and eighty-eight the following Convention, which may be referred to as the Convention 1988 on Occupational Safety and Health in Construction. _______________ 1The effective date: January 11, 1991.

SECTION I. SCOPE AND DEFINITIONS

 Article 1

1. This Convention covers all types of construction activities, namely construction, civil engineering, installation and dismantling works, including any processes, operations or transportation on the construction site, from the preparation of the site to the completion of the facility. 2. A Member ratifying this Convention may, after consultation with the most representative organizations of interested employers and workers, where such exist, exclude from the scope of application of the Convention or from the scope of application of certain of its provisions certain branches of economic activity or individual enterprises in respect of which special problems of a significant nature arise, provided that a safe and healthy working environment is ensured.. 3. This Convention also covers self-employed persons designated as such in national legislation or regulations.

 Article 2

For the purposes of this Convention: a) The term "construction" covers: i). construction work, including excavation and erection, structural alterations, restoration work, major and routine repairs (including cleaning and painting) and demolition of all types of buildings or structures; ii). civil engineering, including excavation and construction, structural changes, major and ongoing repairs and demolition, for example, airports, marinas, harbors, inland waterways, dams, protective structures along the banks of rivers and seas and near collapse zones, highways and highways, railways, bridges, tunnels, viaducts and facilities related to the provision of services such as communications, drainage, sewerage, water supply and energy supply; iii). installation and dismantling of buildings and structures from factory-made elements, as well as the production of prefabricated elements on a construction site; b) the term "construction site" means any site where any of the processes or operations specified in paragraph a) are carried out, c) the term "workplace" means any place where employees must be located or where they must be sent to perform their work and which is under the control of the employer as defined in paragraph (e); (d) The term "employee" means any person working in construction; (e) The term "employer" means: i). any natural or legal person who employs one or more workers on a construction site; and ii). depending on the circumstances, the general contractor, contractor or subcontractor; f) the term "competent person" means a person who has the appropriate qualifications, such as appropriate training, sufficient knowledge, experience and skills to safely perform a particular job. The competent authorities may determine the appropriate criteria for the appointment of such persons and the duties to be performed by such persons.; (g) The term "scaffolding" means any temporary structure, stationary, suspended and mobile, and its supporting components, which are used as supports to accommodate people and materials or to provide access to any such structure and which are not a "lifting mechanism" as defined in paragraph (h), (h) the term "lifting mechanism" means any stationary or mobile mechanism used for lifting or lowering people or goods; (i) The term "lifting equipment" means any equipment or rigging by which a load can be attached to a lifting mechanism, but which is not an integral part of the lifting mechanism or cargo.

SECTION II. GENERAL PROVISIONS

 Article 3

Consultations shall be held with the most representative organizations of the employers and workers concerned on the measures to be taken to implement the provisions of this Convention.

 Article 4

Each Member ratifying this Convention undertakes that, based on an assessment of possible risks to occupational safety and health, it will adopt and maintain in force legislation or regulations that ensure the application of the provisions of the Convention.

 Article 5

1. Legislation and regulations adopted pursuant to the above-mentioned article 4 may provide for their practical application through technical standards or building regulations, or other appropriate methods consistent with national conditions and practices. 2. In implementing the provisions of the above-mentioned articles 4 and paragraph 1 of this Article, each Member of the Organization shall take due account of the relevant norms adopted by recognized international organizations in the field of norm-setting.

 Article 6

In accordance with procedures determined by national legislation or regulations, measures are taken to ensure cooperation between employers and employees in order to promote occupational safety and health on construction sites.

 Article 7

National legislation or regulations provide that employers and self-employed persons have a duty to comply with prescribed occupational safety and health measures at the workplace.

 Article 8

1. Whenever two or more employers are simultaneously working on the same construction site: (a) The main contractor or other person or body with practical control or primary responsibility for the overall activities on the construction site is responsible for coordinating prescribed measures related to occupational safety and health and, in accordance with national legislation and rules, for ensuring compliance with such measures; (b) To the extent compatible with national laws and regulations, if the main contractor or other person or body exercising practical control or having primary responsibility for general activities on the construction site is not present on the construction site, they shall designate a competent person or body on the site with the authority and means necessary to To ensure, on their behalf, coordination and compliance with the measures provided for in subparagraph (a); c) each employer is constantly responsible for observing the prescribed measures in relation to employees under his command. 2. If employers or self-employed persons carry out activities at the same construction site simultaneously with each other, they are required to cooperate in the application of prescribed occupational safety and health measures in accordance with the provisions of national legislation or regulations.

 Article 9

Persons involved in the design and planning of a construction site and construction work take into account the occupational safety and health of construction workers in accordance with national laws, regulations and practices.

 Article 10

National legislation or regulations provide that in any workplace, workers have the right and obligation to participate in and ensure safe working conditions to the extent that they control equipment and working methods, and to express their views on the work procedures carried out if they may affect occupational safety and health.

 Article 11

National legislation or regulations provide that employees are required to: a) cooperate as closely as possible with the employer in the implementation of prescribed occupational safety and health measures; b) exercise reasonable care to ensure the safety and protection of their own health and the health of others who may be harmed by their actions or mistakes in their work; c) use the funds provided to them and not misuse them. any means intended for their own protection or the protection of others; (d) Immediately inform their immediate supervisor and a representative of workers involved in safety issues, if any, of any situation that, in their opinion, may pose a certain danger and which they themselves will not be able to handle properly; (e) Comply with prescribed occupational safety and health measures.

 Article 12

1. National legislation or regulations provide that an employee has the right to leave a dangerous area if he has good reason to believe that there is an imminent and serious threat to his safety or his health, and is obliged to inform his supervisor immediately. 2. If there is an imminent threat to the safety of employees, the employer takes immediate measures to stop work and evacuate employees if necessary.

SECTION III. PREVENTIVE AND PROTECTIVE MEASURES

 Article 13

Workplace safety

1. All necessary precautions are being taken to ensure that workplaces are safe and do not endanger the safety and health of employees. 2. Secure means of access to and exit from all workplaces are provided and maintained in good condition, as well as indicated by signs where necessary. 3. All necessary precautions are taken to protect persons located on the construction site or in the area of the construction site from all types of hazards that may arise on such a site.

 Article 14

Scaffolding and stairs

1. If the work cannot be performed safely on the ground or from the ground or from any part of a building or other stationary structure, safe and compliant scaffolding or other equally safe and compliant facilities are provided and maintained in good condition. 2. In the absence of other safe means of access to elevated workplaces, sturdy ladders that meet the standards are provided. They are properly secured in order to prevent unintended displacement. 3. All scaffolding and ladders are manufactured and used in accordance with national laws and regulations. 4. The scaffolding is inspected by a competent person in such cases and within such time limits as are prescribed by national legislation or regulations.

 Article 15

Lifting and transport mechanisms and lifting equipment

1. Each lifting and transport mechanism and element of lifting equipment, including their components, fasteners, anchors and supports: a) must be properly designed and manufactured, must be made of high-quality material and have the strength necessary for the intended purpose; b) must be properly installed and used; c) must be maintained in good condition. working condition; (d) Must be inspected by a competent person and tested at such times and in such cases as are prescribed by national legislation or regulations; the results of such inspections and tests are recorded; (e) Must be operated by workers who have received the necessary training in accordance with national legislation and regulations. 2. Lifting, lowering or moving people by means of lifting mechanisms is allowed only on those of them that are manufactured, installed and used for these purposes in accordance with national legislation or regulations, except in emergency situations if they can lead to serious injury or death of people and if in such situations it is possible to safely use the lifting mechanism..

 Article 16

Transportation, earthmoving and loading and unloading equipment

1. All transportation, earthmoving or loading and unloading equipment: (a) Must be properly designed and manufactured, taking into account, as far as possible, ergonomic principles; (b) must be kept in good working order; (c) must be used appropriately; (d) must be operated by workers who have received the necessary training in accordance with national laws and regulations. 2. On all construction sites where transportation, earthmoving or loading and unloading equipment are used.: (a) Safe and compliant access to it is ensured; and (b) the movement is so organized and controlled that its safe operation is ensured.

 Article 17

Installations, mechanisms, equipment and hand tools

1. Installations, mechanisms and equipment, including hand tools, both non-mechanized and mechanized: (a) must be properly designed and manufactured, taking into account, as far as possible, ergonomic principles; (b) must be kept in good working order; (c) must be used only for those types of work for which they are intended, if only a competent person does not conclude that their use beyond their constructive purposes is safe.; d) must be operated by employees who have received the necessary professional training. 2. If necessary, the manufacturer or the employer provides the necessary instructions for their safe use in a form understandable to employees. 3. Compressor installations and equipment shall be tested and inspected by a competent person in cases and within the time limits prescribed by national legislation or regulations.

 Article 18

Work at height, including roofs

1. If necessary, to protect from danger or if the height of the structure or the angle of inclination exceeds the value prescribed by national legislation or regulations, measures are taken to prevent people, tools or other objects or materials from falling. 2. If workers have to work on or near roofs or other places covered with fragile materials through which they may fall, measures are taken to prevent unintentional treading on or falling through surfaces made of fragile materials.

 Article 19

Excavation pits, wells, earth and underground structures and tunnels

Due precautions are taken inside each excavation, well, earthen or underground structure or tunnel: a) by means of proper fastening or otherwise to protect against the danger posed to workers by crumbling or shifting of soil, rock mass or other material; b) in order to protect against the danger caused by falling people, materials or objects, or as a result of water breaking into pits, wells, earthen or underground structures or tunnels; (c) To ensure adequate ventilation at each workplace in order to maintain the atmosphere necessary for breathing and to limit all kinds of fumes, gases, steam, dust or other impurities to a safe and healthy level in accordance with national legislation or regulations; (d) To enable workers to evacuate to a safe area in the event of a fire or water breakout, or collapse of materials; e) to avoid the risk to workers arising from the possible presence of underground hazards, such as liquid circulation or pressure of gas bags, by conducting appropriate searches in order to detect them.

 Article 20

Lintels and caissons

1. Any lintel and caisson: a) must be of proper construction, must be made of proper and high-quality material and must have the necessary strength; b) must be equipped with the necessary means to evacuate workers to a safe area in the event of a water breakout or collapse of materials. 2. The construction, location, modification or disassembly of the caisson lintel is carried out only under the direct supervision of a competent person. 3. Each lintel and each caisson is inspected by a competent person at prescribed intervals.

 Article 21

Compressed air operation

1. Work in compressed air is carried out only in compliance with the measures prescribed by national legislation or regulations. 2. Work in compressed air is performed only by employees whose physical characteristics are certified for such work through a medical examination, and in the presence of a competent person overseeing the conduct of production operations.

 Article 22

Supporting frame structures and formwork

1. The installation of load-bearing frame structures and their components, formwork, support structures and supporting scaffolding of the formwork is carried out only under the supervision of a competent person. 2. Appropriate precautions are taken to protect workers from the danger associated with temporary fragility or instability of the structure. 3. The formwork, supporting structures and supporting scaffolding of the formwork must be designed, manufactured in such a way and maintained in such a condition that they can fully withstand all the loads to which they may be subjected.

 Article 23

Working on water

If the work is carried out above water or in close proximity to water, it is properly ensured: a) preventing people from falling into the water; b) rescuing workers in danger of drowning; c) safe transportation in sufficient numbers.

 Article 24

Demolition work

If the demolition of any buildings or structures may pose a danger to workers or others: a) the necessary precautions, methods and procedures of operations, including the cleaning of waste and residual materials, are taken. in accordance with national legislation or regulations; b) the work is planned and carried out only under the supervision of a competent person.

 Article 25

Lighting

Adequate and sufficient lighting, including, if necessary, portable lighting, is provided at every workplace and any other place on the construction site where a worker may pass.

 Article 26

Electricity

1. All electrical equipment and installations are manufactured, installed and maintained in proper condition by a competent person and are used in such a way as to prevent the occurrence of hazards. 2. Prior to and during construction, appropriate measures are taken to detect and protect against the danger that any live electrical wires or electrical equipment located under, above, or on the construction site may pose to workers. 3. When laying and maintaining electrical cables and electrical equipment on construction sites, they are guided by the technical rules and standards applied at the national level.

 Article 27

Explosives

Explosives are stored, transported, moved and used: (a) Only under conditions prescribed by national legislation or regulations; and (b) only by a competent person who takes such measures as are necessary to ensure that the health of workers and others is not at risk.

 Article 28

Health hazards

1. If an employee may be exposed to any harmful factor of a chemical, physical or biological nature to such an extent that it may cause damage to his health, appropriate measures are taken to prevent such exposure. 2. The preventive measures referred to in paragraph 1 include: (a) the replacement, to the extent possible, of hazardous substances with safe or less dangerous substances; or (b) the adoption of special measures with respect to installations, mechanisms, equipment or technological processes.; or (c) If compliance with the provisions of sub-paragraphs (a) or (b) is not possible, other effective measures are taken, including the use of personal protective equipment and protective clothing. 3. If employees are required to enter an area in which toxic or harmful substances may be present, or in an atmosphere where oxygen content may be low, or where the atmosphere may be flammable, appropriate measures are taken to protect against danger. 4. Waste is disposed of or otherwise disposed of from the construction site in a manner that is not harmful to health.

 Article 29

Fire safety

1. The employer takes all appropriate measures: a) to avoid the risk of fire; b) to eliminate fires quickly and effectively; c) to ensure prompt and safe evacuation of people. 2. Adequate and adequate storage facilities are provided for flammable liquids, solids and gases.

 Article 30

Personal protective equipment and protective clothing

1. If adequate protection against the possibility of an accident or damage to health, including exposure to adverse conditions, cannot be provided by other means, the employer provides and maintains appropriate personal protective equipment and protective clothing for employees free of charge, taking into account the nature of the work and the risk, in accordance with the requirements of national legislation or regulations. 2. The employer Provides employees with the necessary means to enable them to use personal protective equipment and ensures their proper use. 3. Personal protective equipment and protective clothing must comply with the standards established by the competent authorities, taking into account, as far as possible, ergonomic principles. 4. Employees are required to properly use and maintain the personal protective equipment provided to them.

 Article 31

First aid

The employer is responsible for ensuring that first aid is provided by trained personnel at all times. Measures are being taken to ensure the evacuation of injured or suddenly ill workers in order to provide them with medical care.

 Article 32

Sanitary and living conditions

1. The necessary supply of good-quality drinking water is provided at each construction site or at a reasonable distance from it. 2. The following services are provided and provided at each construction site or at a reasonable distance from it, depending on the number of employees and the duration of the work: a) sanitary and washing facilities; b) rooms for changing clothes, storing and drying clothes; c) rooms for eating and for sheltering people during work breaks due to adverse weather conditions. 3. Male and female employees are provided with separate sanitary and washing facilities.

 Article 33

Information and training

Employees are appropriately and appropriately: (a) informed of potentially adverse factors to occupational safety and health that may exist in their workplaces; (b) instructed and trained on the measures available to prevent, combat and protect against these harmful factors.

 Article 34

Notification of accidents and illnesses

National legislation or regulations provide for notification of occupational accidents and diseases to the competent authority within the prescribed time frame.

SECTION IV. application

 Article 35

Every Member of the Organization: (a) Take all necessary measures, including the imposition of appropriate sanctions and corrective measures, to ensure effective compliance with the provisions of this Convention; (b) Provide relevant inspection services to monitor the application of measures to be taken under this Convention and provide these services with the resources necessary to carry out their tasks, or verify that An appropriate inspection is being carried out.

SECTION V. FINAL PROVISIONS

 Article 36

This Convention revises the 1937 Convention on Safety in Construction.

 Article 37

The official instruments of ratification of this Convention shall be sent to the Director General of the International Labour Office for registration.

 Article 38

1. This Convention binds only those Members of the International Labour Organization whose instruments of ratification have been registered by the Director General. 2. It will enter into force twelve months after the date of registration by the Director General of the instruments of ratification of the two Members of the Organization. 3. Subsequently, this Convention will enter into force for each Member of the Organization twelve months after the date of registration of its instrument of ratification.

 Article 39

1. Any Member that has ratified this Convention may, after the expiration of ten years from the date of its initial entry into force, denounce it by means of an act of denunciation addressed to the Director General of the International Labour Office for registration. The denunciation will take effect one year after the date of registration of the act of denunciation. 2. For each Member of the Organization that has ratified this Convention and, within one year after the expiration of the ten years specified in the preceding paragraph, has not exercised the right of denunciation provided for in this article, the Convention shall remain in force for the next ten years, and it may subsequently denounce it after the expiration of each decade in accordance with the procedure provided for in this article.

 Article 40

1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all instruments of ratification and denunciation sent to him by the Members of the Organization. 2. In notifying the Members of the Organization of the registration of the second instrument of ratification received by him, the Director-General shall draw their attention to the date of entry into force of this Convention.

 Article 41

The Director-General of the International Labour Office shall transmit to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, comprehensive information on all instruments of ratification and denunciation registered by him in accordance with the provisions of the preceding articles.

 Article 42

In cases where the Governing Body of the International Labour Office considers it necessary, it shall submit to the General Conference a report on the application of this Convention and consider the desirability of including in the agenda of the Conference the issue of its revision in whole or in part.

 Article 43

1. If the Conference adopts a new convention revising this Convention in whole or in part, and unless the new convention provides otherwise, then: (a) The ratification by a Member of the new revising Convention shall automatically entail, notwithstanding the provisions of article 39, the immediate denunciation of this Convention, provided that the new revising Convention the Convention has entered into force; b) from the date of entry into force of the new, revising convention, this Convention is closed for ratification by the Members of the Organization. 2. In any case, this Convention remains in force in form and content for those Members of the Organization who have ratified it but have not ratified the revising Convention.

 Article 44

The English and French texts of this Convention are equally authentic.

The RCPI's note. The following is the text of the Convention on Occupational Safety and Health in Construction (Convention 167) in English.

President

Republic of Kazakhstan

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