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Article about us

 Questions answered

KUZHEMURATOV Sapabek Shayhabekovich,

General Director of «Standard-Group Ltd»,

a specialist in occupational safety and health, Almaty  

 Examination of industrial safety

         Worker failed the exam on industrial safety. Based on its examination committee issued an order to dismiss him from his work to date re-examination. Worker repeatedly failed the exam. What are the future actions of the employer?

         In accordance with Art . 50 of the Customs Code the employer must remove the employee from work , do not pass the exam on the rules of health and safety.               Subparagraph 3 ) of paragraph 1 of Art. 54 of the Customs Code states: " The employment contract with the employee by the employer may be terminated in the case of non- employee position or job due to lack of qualifications."

         Termination of the employment contract by the employer due to the mismatch employee position or job due to lack of qualification , in accordance with paragraphs. 3) Section 1, Art . 54 of the Customs Code must be based on the decision of certifying commission , composed of representative of the employees must participate , unless otherwise provided by the laws of the Republic of Kazakhstan . Procedures, conditions and frequency of performance appraisal are determined by a collective agreement , and in his absence - act of the employer issued in consultation with employee representatives ( paragraph 6 of Article . 56 of the Customs Code ) .

         According to the Government of the Republic of Kazakhstan dated October 28, 2011 № 1225 " On approval of rules and terms of training , coaching and testing knowledge on health and safety of workers" person hired , are required to attend training organized by the employer prior to the subsequent mandatory checking the level of knowledge on health and safety . Workers who have not passed the preliminary training, guidance and validation of knowledge on health and safety , are not allowed to work (Section 3 ) .

Employees subject to examination by occupational health and safety should be warned not later than thirty days prior to its holding (paragraph 15).

         According to § 2-40 Order of the Minister of Emergency Situations of the Republic of Kazakhstan dated December 29, 2008 № 219 "General requirements for industrial safety. Part 1 " when not assess the knowledge re-inspection shall be held not earlier than two weeks , but not more than one month .

         An employee is not passed the exam after rechecking knowledge to production of high hazard are not allowed.

         In this situation, the employee is not authenticated knowledge , it is necessary to propose another , not dangerous work , a re- training, maybe even individual program, and re-take the exams.

         Likely earlier ( on the Regulations - not more than a year ago ) the employee performing the same work functions already tested knowledge on industrial safety and allowed to work . What could have happened in the meantime - complicated production requirements changed regulations or something?

         Unfortunately , employers have recently started to make frequent use of this

"opportunity" to get rid of an unwanted employee.

         If the employer still decides to terminate the employment contract with an employee, then he should make sure that the procedure for organizing and conducting training and testing observed: class schedule (if they were held at all), handouts, exam questions (in a circle of officers, functional responsibilities of the employee), warning times (30 days), language training, etc.

         Otherwise, the employee may apply to the court, is likely to be reinstated.

Certification of production facilities in terms of labor

         At the plant in 2013 have been assessed production facilities in terms of labor. At the moment it was decided to rename the office workers labor without changing the function to bring them into conformity with the Uniform tariff qualification guide. In this regard, whether to conduct re-certification of production facilities in terms of difficulty?

         No need for re- evaluation of working conditions , as in accordance with paragraph 8 of the Rules mandatory recertification production facilities in terms of work, approved by the Government of the Republic of Kazakhstan dated December 5, 2011 № 1457 ( hereinafter - the Rules ) , extraordinary certification of production facilities is carried out at the request of the public authority supervision and control of safety and security work in identifying violations of the procedure for certification of production facilities in terms of labor.

         Results extraordinary certification of production facilities in the working conditions are made as a supplement to the previous certification materials production facility on working conditions.

         In this situation, the Certification Commission, which necessarily created in the organization (section 2 of the Regulations) requires an analysis of the changes in order to determine their impact on the working conditions of workers. If there is none, then take a decision on the protocol amending the certification materials (reports, action plan) and submit it for approval to the employer.

         Inform about the changes in writing to the local authority on labor inspection at the location of the enterprise.

Internal control on occupational safety and health

The number of personnel in the organization - 80 people, sphere of activity - exhibitions. Do I need a service health and safety or security duties and safety can be assigned to other professional organization?

         Need to find out what " production facility " and, accordingly , " Industrial Organization .

         "In accordance with paragraphs 7) paragraph 4 Sanitary Rules " Sanitary requirements for buildings and industrial facilities " and " Sanitary requirements for the establishment of the sanitary protection zone of production facilities," approved by the Government of the Republic of Kazakhstan dated January 17, 2012 number 93, the production facility - the object of economic activity associated with the production of goods , works and services that are implemented using processes , equipment and technology , which are sources of influence on the environment and human health.

         The question arises : Do the any influence on the health of the worker constant work on the computer, inadequate lighting , forced working posture , " irregular " working day ?

         A: Absolutely! And, of course , negative .

         According to Art . 339 of the Customs Code ( the internal control mechanism for Occupational Safety and Health ) for the implementation of internal control over compliance with health and safety in organizations engaged in production activities with more than fifty employees, the employer creates a service to health and safety , which reports directly to the first head of the organization or a person authorized by him .

         Employer employing up fifty people enters post for health and safety-specific activities or responsibilities for health and safety imposes on another specialist.

         The specifics of the company engaged in the organization of exhibitions, and explicitly includes the production of high hazard. These include workers –

 «stendostroiteli» drivers of vehicles, electricians, technicians and sanitation etc.

         Given the importance of providing adequate internal control occupational health and safety in the workplace and the variety of tasks and functions assigned to the Internal control occupational health and safety ( Standard regulations on service health and safety in an organization approved by the Decree of the Government of the Republic of Kazakhstan dated October 28, 2011 number № 1219*) , among them - the development and implementation of the OSH management system , assessment and management of risks to life and health , not to mention the "standard" things (training and occupational safety , coaching, medical examinations , etc.) Service occupational safety and health, consisting of at least a sole specialist need to create.

         Customs Code does not preclude the laying of duties internal control specialist to another employee (in staff numbers less than 50 people ).

         PLEASE NOTE!

         In accordance with the provisions of the Qualification handbook for managers, professionals and other employees, approved by Order of the Minister of Labour and Social Protection of the Republic of Kazakhstan dated May 21, 2012 № 201-s-m, the experts of Safety and Security (chief technical manager, safety engineer, engineer for Industrial Safety and Environmental Protection) impose specific requirements on qualification - the presence of higher (or postgraduate) education in the relevant specialty "Safety".

Modern technologies for managing labor and legislative provisions allow the transmission of internal control functions and occupational safety at the external executor "outsourcing".

LLP «Standard-Group Ltd» provides this service and guarantees high quality organization works to ensure health and safety of personnel. Cost of service - no more than health and performance of your staff and depends on the number of employees and geographic location divisions.

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