In Mongolia, the central legal act governing health and safety is the Labor Safety and Hygiene Law (2008). This law establishes the state policy on health and safety, outlines the rights and responsibilities of both employers and employees, and sets the principles for managing and monitoring health and safety systems. Other relevant laws include the Law on State Inspection (2017), which provides the overall framework for conducting state inspections across various sectors, and aspects of the Health Law of Mongolia, which deal with environmental health and occupational diseases.

Key Obligations of Employers

Employers are required to create safe and healthy working conditions by eliminating hazards, providing necessary protective equipment, and implementing safety procedures. They must conduct regular risk assessments to identify hazards and implement measures to prevent and mitigate these risks. Employers are also required to provide employees with training on health and safety topics, including instructions on safe work practices, hazard identification, and emergency procedures. This is mandated under Article 19 of the Labor Safety and Hygiene Law. Furthermore, employers must properly maintain equipment, machinery, and safety-related facilities to ensure they are functioning effectively. They must also report workplace accidents, occupational diseases, and dangerous occurrences to the relevant authorities, as per Article 22 of the Labor Safety and Hygiene Law.

Rights of Employees

Employees have the right to work in an environment that meets health and safety standards. They may refuse work they believe poses an immediate danger to their health and safety, as outlined in Article 18.1.4 of the Labor Safety and Hygiene Law. Employees also have the right to access information about workplace hazards, safety measures, and their rights related to health and safety. They have the right to participate in health and safety decision-making through safety committees or other forms of representation.

Government Agencies and Enforcement

The General Authority for Specialized Inspection (GASI) is the primary government agency responsible for overseeing the enforcement of health and safety laws and standards within Mongolia. The Ministry of Labor plays a role in developing health and safety policies, strategies, and programs. The Occupational Safety and Health Management Institute of Mongolia (OSHMI) provides research, training, and support on health and safety related issues.

Specific Areas of Health and Safety Regulation

Regulations exist on the management, handling, and storage of hazardous chemicals in the workplace. The law includes provisions for managing noise, vibration, radiation, and extreme temperatures within the work environment. Regulations also address the prevention, diagnosis, and compensation of work-related diseases. Employers must establish emergency plans and procedures to address potential accidents and disasters.

Challenges and Ongoing Efforts

Mongolia faces challenges with full implementation and enforcement of health and safety laws, especially in sectors like mining and construction. The government and international organizations are collaborating to improve health and safety systems, build capacity, and raise awareness on workplace safety and health issues in the country.

Mongolia has implemented a range of standards to set acceptable levels of workplace safety and to guide occupational safety and health (OSH) risk management practices. These standards are outlined in the Labor Safety and Hygiene Law and associated regulations.

General OSH Standards

These standards offer guidance on hazard identification, risk assessment, control measures, training, emergency response, and other fundamental OSH practices.

Physical Hazard Standards

Regulations set maximum permissible exposure levels for noise, vibration, radiation, temperature extremes, and similar physical hazards.

Chemical Hazard Standards

These standards establish safe practices for handling, storing, and using hazardous chemicals, including labeling, material safety data sheets (MSDS), and exposure limits.

Occupational Disease Standards

Procedures are in place for the identification, reporting, diagnosis, and prevention of occupational diseases.

Risk Assessment

Employers are required to systematically identify, analyze, and evaluate workplace hazards. The "National Occupational Safety and Health Profile of Mongolia" emphasizes risk assessments as the cornerstone of OSH management.

Control Measures

After risks are assessed, employers must implement control measures following the hierarchy of controls:

• Elimination: Removing the hazard entirely.
• Substitution: Replacing the hazard with less dangerous alternatives.
• Engineering Controls: Isolating hazards, redesigning processes, or using equipment to reduce risk.
• Administrative Controls: Work procedures, training, and job rotation to limit exposure.
• Personal Protective Equipment (PPE): Final line of defense when other options are not feasible.

Occupational Health Surveillance

Employers in specific industries must arrange for medical examinations of workers exposed to certain hazards or those performing high-risk tasks. This aims at early detection of health issues related to work.

Training and Education

Employers are obliged to provide workers with regular training on OSH topics, covering aspects like:

• Hazard Recognition: Identifying and reporting potential hazards.
• Safe Work Procedures: Following established safety protocols.
• Emergency Response: Understanding the workplace emergency plan.
• Workers' Rights: Understanding OSH rights and responsibilities under the law.

Recordkeeping and Reporting

The Labor Safety and Hygiene Law emphasizes the need for employers to maintain records of accidents, injuries, occupational diseases, OSH training sessions, and inspections. This data helps monitor OSH performance and compliance.

Workplace inspections are a crucial part of maintaining a safe and healthy work environment. They serve to verify compliance with labor safety and hygiene laws, identify potential hazards, promote preventative measures, and raise awareness about occupational safety and health (OSH) requirements and best practices.

Role of Inspectors

The General Authority for Specialized Inspection (GASI) and its specialized inspectors are primarily responsible for conducting OSH inspections. They carry out routine inspections, complaint-based inspections, and accident investigations. The Law on State Inspection guides the general procedures for these inspections.

Inspection Criteria

Workplaces are evaluated based on a wide range of OSH criteria. These include physical hazards such as noise and temperature, chemical hazards like the handling and storage of hazardous substances, biological hazards, ergonomic hazards, machine safety, electrical safety, fire safety, the availability and appropriate use of personal protective equipment (PPE), and OSH management systems.

Inspection Procedures

The inspection process typically begins with a notice, followed by an opening conference where inspectors present their credentials and explain the purpose and scope of the inspection. This is followed by a walkthrough of the workplace, a review of records, and a closing conference where findings are discussed. A formal report is then prepared detailing the inspection findings and any necessary corrective actions.

Follow-up Actions

Employers are required to address any violations within timelines specified by inspectors. Inspectors may conduct follow-up visits to verify that corrective measures have been implemented. Employers failing to comply with OSH standards may face penalties such as fines or, in severe cases, suspension of operations.

Workplace accidents are serious incidents that require immediate attention and proper handling. Employers are required to report serious injuries, fatalities, and dangerous occurrences to the relevant authorities immediately. A detailed written report must be submitted within a specified timeframe, typically a few days. This report should include information about the injured worker, details of the accident, a description of injuries, witness statements, and immediate corrective actions taken.

Accident Investigation

The employer must establish an investigation team that generally includes occupational safety and health (OSH) specialists, employee representatives, and technical experts as needed. The purpose of the investigation is to determine the root cause of the accident, identify contributing factors, and recommend preventative measures to avoid similar occurrences. The investigation process may involve examining the accident scene, interviewing witnesses and those involved, reviewing relevant documents, and conducting a technical analysis if necessary.

Compensation Claims

Mongolian law mandates a workers' compensation system to provide benefits to employees injured or who develop occupational diseases due to their work. Compensation may include medical expenses, rehabilitation costs, disability benefits, and survivor benefits in the case of fatalities. Workers or their families initiate compensation claims through social insurance agencies.

Important Considerations

Swift reporting and prompt investigations are crucial for determining the causes of accidents and preventing recurrence. Investigations should not just assign blame but aim for in-depth root cause analysis to address systemic OSH issues. The compensation system should provide fair and timely benefits to injured workers and their dependents.