In Kazakhstan, the health and safety regulatory structure places a strong emphasis on safety protocols within the workplace. These laws outline employer responsibilities, employee rights, and the measures the government takes to enforce compliance.

Key Legislative Framework

The central piece of legislation addressing health and safety is the Labor Code of the Republic of Kazakhstan (No. 414-II dated June 15, 2007). It sets out general rights and responsibilities in the workplace. The Law of the Republic of Kazakhstan On Health Care System (Law No. 430-II of 4 June 2003) provides guidance in the area of health-related risk prevention, medical care accessibility, and safe working environments. The Law of the Republic of Kazakhstan On Civil Protection (No. 468-I dated April 11, 1999) outlines measures addressing the safety and wellbeing of citizens, including prevention and response to occupational hazards as well as disaster situations.

Employer Obligations

Employers in Kazakhstan have a legal duty to safeguard their employees. This includes identifying potential hazards within the workplace and implementing preventative measures, maintaining adequate safety and hygiene standards within the facility, providing necessary protective equipment, and ensuring safe usage of machinery. Employers are also required to provide comprehensive training in safety practices and procedures, conduct regular medical checkups for employees exposed to specific occupational hazards, and maintain records and protocols for promptly reporting and investigating workplace accidents and illnesses.

Employee Rights

Employees in Kazakhstan have several rights regarding health and safety. They have access to information regarding any potential hazards present in their workplace, as well as how to protect themselves from harm. Employees have the right to refuse to perform tasks posing a direct threat to their health and safety. They must be engaged in health and safety management and have the opportunity to contribute to safety-related decisions. Workers who suffer a job-related injury or illness are entitled to compensation.

Specific Hazard Protections

Additional laws provide specific safeguards for a range of hazards, including the Act on the Safety of Chemical Products, Act on Radiation Safety of Population, Act on Safety of Machinery and Equipment, and Act on Fire Safety.

Government Enforcement

The Ministry of Healthcare and Social Development is the principal body for overseeing occupational health and safety in Kazakhstan. The Labor Inspectorate conducts on-site inspections of workplaces, investigates potential violations, and can issue fines and penalties for non-compliance.

Challenges and Areas for Improvement

Kazakhstan faces several challenges in enforcing its laws. These include enforcement of regulations in smaller or unregistered enterprises, limited resources of the Labor Inspectorate to conduct comprehensive oversight in all sectors, and ensuring all employees fully understand their rights and the legal protections in place. Laws and regulations around health and safety are continuously being updated and revised in Kazakhstan, and it is strongly recommended that employers stay current with any changes in legal requirements.

Occupational health and safety standards and practices in Kazakhstan are defined by a system of standards that stem from core legislation. These standards include the internationally recognized ST RK ISO 45001-2018, which provides guidelines for implementing a robust health and safety framework in organizations. Additionally, Kazakhstan maintains numerous sector-specific technical standards that cover detailed safety parameters within various industries.

Hazard Identification and Control

Employers are mandated to systematically analyze work processes to pinpoint potential sources of injury or health problems. This is achieved through risk assessments. The hierarchy of controls prioritizes the elimination or substitution of hazards, followed by engineering controls, administrative controls, and lastly, personal protective equipment (PPE).

Workplace Environment

The workplace environment is a crucial aspect of occupational health and safety. Ensuring adequate ventilation minimizes exposure to harmful gases, vapors, or dust. Measures are implemented to reduce excessive noise levels. Appropriate levels of illumination are provided to support safe work practices and avoid eye strain. Sanitation is maintained in restrooms, washing facilities, and hygienic breakrooms.

Equipment and Machinery

Safeguarding involves installing guards, barriers, and safety devices on machines to prevent operator contact with moving parts. Regular inspection and upkeep of machinery and equipment are carried out to avoid malfunctions and breakdowns. Lockout/Tagout protocols are in place for de-energizing and isolating equipment during servicing to prevent accidental startup.

Fire Safety

Fire safety involves the development of emergency plans, installation of fire alarms, and suppression systems. Regular practice of evacuation procedures for all personnel is also part of fire safety.

Chemical Safety

Chemical safety involves providing access to detailed information on hazardous chemicals, outlining handling procedures and emergency response through Safety Data Sheets (SDSs). Proper labeling of chemical containers with hazard warnings and pictograms is required. Designated storage areas, protective equipment, and training for workers managing hazardous chemicals are also part of chemical safety.

Personal Protective Equipment (PPE)

Supplying appropriate PPE relative to the hazards, like hard hats, safety glasses, gloves, respirators, boots, etc., is a requirement. Training and enforcement ensure employees understand the proper selection, use, and maintenance of PPE.

Occupational Health

Potential requirement for pre-employment and periodic health checkups to monitor for job-related health conditions. Availability of trained first aid responders and equipped first aid kits in the workplace is a must. Ergonomics involves the design of workstations and tasks to minimize musculoskeletal disorders.

Workplace inspections play a crucial role in maintaining safety standards and ensuring compliance with regulations. They serve to identify and address hazards, verify compliance, promote accountability, and raise awareness about health and safety rights and responsibilities.

The Regulatory Framework

The Labor Code of the Republic of Kazakhstan (2007) and the Entrepreneurial Code of the Republic of Kazakhstan (2015) provide the legal basis for inspections. These codes specify the powers of labor inspectors and outline inspection procedures and frequency in relation to business entities.

Inspection Bodies

The State Labor Inspectorate, a branch of the Ministry of Healthcare and Social Development, is primarily tasked with conducting inspections. Other sector-specific regulatory agencies may also have the authority to inspect workplaces within their areas of responsibility.

Inspection Procedures

Inspections involve planning and scheduling, notification, on-site visits, inspection reports, and enforcement actions. Inspectors examine facilities, equipment, processes, and documentation, and they interview workers and employers. A detailed report summarizes findings and prescribes corrective measures. Enforcement actions can range from warnings and fines to temporary suspensions of activities in cases of serious hazards.

Inspection Criteria

Inspectors consider a variety of factors, including general workplace conditions, machinery and equipment safety, fire safety protocols, chemical handling, ergonomics, provision and use of personal protective equipment (PPE), training and instruction, and recordkeeping.

Inspection Frequency

The frequency of inspections is risk-based. Higher-risk sectors or workplaces with a history of violations may be inspected more frequently.

Follow-up Actions

Employers are given a deadline to rectify any cited safety violations. Inspectors may revisit workplaces to verify compliance with corrective measures. Persistent non-compliance or severe violations can result in escalating sanctions, including significant fines and even criminal charges in rare cases.

Workplace accidents are a serious matter and require immediate attention. Employers are legally bound to report serious workplace accidents and fatalities to the relevant authorities within 24 hours. This includes the local Labor Inspectorate, the territorial branch of the relevant industrial safety authority (for accidents at hazardous facilities), and the territorial branch of the internal affairs authority (in cases of severe injury or death).

###Preservation of the Scene

The employer must take steps to secure the accident scene to facilitate the investigation process.

###Accident Investigation

For accidents causing temporary disability, employers assemble an internal commission for investigation. Investigations into serious accidents, those causing permanent disability, occupational diseases, or death, involve a special commission. This commission includes a State Labor Inspector, an Employer Representative, an Employee Representative (e.g., trade union), and technical specialists or experts (as needed).

The investigation process involves the examination of the accident site, interviews with witnesses and affected individuals, review of relevant documentation (safety protocols, training records, etc.), identification of root causes and contributing factors, and recommendations for corrective actions and preventive measures. The commission prepares a detailed report documenting findings, conclusions, and recommended actions.

###Compensation for Workplace Injuries and Illnesses

Employers in Kazakhstan are responsible for compensating employees who suffer work-related injuries or illnesses. This compensation includes coverage for treatment and rehabilitation costs, payments for the period of disability or recovery, long-term or permanent disability compensation, and compensation for dependents in case of fatal workplace accidents.

Employers are usually required to maintain insurance coverage to financially support accident compensation claims. Employees or their representatives file claims outlining the circumstances of the accident and the resulting injuries or illnesses.

###Important Considerations

There are strict deadlines for reporting accidents and initiating investigations. Delays or non-reporting can result in penalties. Workers have the right to refuse unsafe work and actively participate in accident investigations. Employers are obligated to maintain detailed records of all workplace accidents and illnesses, regardless of severity.