Turkmenistan

The Labor Code of Turkmenistan is the primary legislation that outlines the rights and responsibilities of employers and employees regarding safe working conditions. Other important laws include the Law of Turkmenistan "On Protection of Public Health" and the "On Fire Safety" law. These laws address broader public health concerns, fire prevention, and safety measures in buildings and facilities.

Regulatory Bodies

The Ministry of Health and Medical Industry of Turkmenistan is the main government agency responsible for overseeing the implementation of health and safety regulations. The State Sanitary and Epidemiological Service, which operates under the Ministry of Health, is involved in monitoring compliance with health and hygiene standards, investigating outbreaks, and providing guidance on public health measures.

Employer Obligations and Employee Rights

The Labor Code of Turkmenistan places several duties on employers, including providing safe working conditions, implementing measures to prevent workplace accidents and injuries, and providing compensation and rehabilitation for employees who suffer work-related health consequences. Employees, on the other hand, have the right to a safe and healthy workplace, refuse dangerous work, and participate in safety matters.

Occupational Hazards and Construction Safety

Turkmenistan's laws and regulations address a range of workplace hazards, including chemical, physical, biological, and ergonomic hazards. Specific regulations likely exist for the construction industry, which often has higher accident rates. These could cover fall protection, scaffolding safety, and the operation of heavy machinery.

Fire Safety

The Law of Turkmenistan "On Fire Safety" mandates compliance with fire safety codes, fire escape routes, the availability of fire extinguishers, and fire prevention training.

Enforcement and Penalties

The Ministry of Health and Medical Industry, along with other relevant authorities, is responsible for enforcing health and safety regulations. Inspections, investigations, and fines may be used to ensure compliance. Employers violating health and safety laws may also face civil liability in cases of employee injuries or illnesses.

Limitations and Considerations

Obtaining reliable, up-to-date, and translated versions of all relevant Turkmen laws and regulations can be challenging. The actual level of enforcement can vary depending on industry, business size, and other factors.

Occupational health and safety (OHS) in Turkmenistan is governed by several key pieces of legislation and regulatory frameworks. The Labor Code of Turkmenistan is the primary law governing labor relations, including OHS. It outlines employer responsibilities to provide safe and healthy working conditions and employees' rights to refuse dangerous work. The Law "On Protection of Labor" specifically focuses on OHS and accident prevention, and the rights of employees regarding safety in the workplace. Turkmenistan also has numerous governmental regulations that detail specific OHS standards across different industries.

Government Agencies Involved in OHS

Several government agencies are involved in OHS in Turkmenistan. The Ministry of Labor and Social Protection is responsible for developing and enforcing OHS laws and regulations. The State Sanitary and Epidemiological Surveillance Service oversees workplace hygiene and sanitation standards. Trade Unions can participate in OHS inspections and advocate for workers' safety interests.

Key OHS Standards

Turkmenistan's OHS standards address a wide range of workplace hazards. These include physical hazards such as noise, vibration, extreme temperatures, radiation, and slips, trips, and falls. Chemical hazards include exposure to toxic or hazardous substances and improper handling and storage of chemicals. Biological hazards include exposure to viruses, bacteria, or other pathogens, especially in healthcare and agricultural settings. Ergonomic hazards include musculoskeletal disorders (MSDs) caused by repetitive motions, awkward postures, or heavy lifting. Psychosocial hazards include work-related stress and harassment and workplace violence.

OHS Responsibilities in Turkmenistan

In Turkmenistan, employers are responsible for establishing and implementing an OHS management system, conducting hazard identification and risk assessments, providing training, information, and supervision for employees, procuring and maintaining necessary safety equipment, investigating accidents and incidents, and reporting work-related accidents and illnesses to authorities. Employees are responsible for following OHS rules and procedures, cooperating with safety initiatives, correctly using tools, equipment, and PPE, and reporting workplace hazards and any accidents or incidents promptly.

Areas for Improvement

Despite having an established legal framework for OHS, Turkmenistan faces several challenges. These include limited resources and capacity for consistent inspection and enforcement of OHS regulations, a large informal sector where OHS standards may be less strictly observed, and limited awareness about OHS rights and responsibilities among some employers and workers.

Workplace inspections play a crucial role in maintaining a safe and healthy work environment. They are proactive measures aimed at identifying and addressing workplace hazards before they lead to accidents or illnesses. Inspections also ensure that employers are fulfilling their legal obligations. Furthermore, they promote a culture of safety in the workplace by emphasizing the importance of occupational health and safety (OHS) practices.

Inspection Procedures

Inspections can be initiated by routine schedules, complaints from employees, or reports of accidents or incidents. Inspectors, typically from the Ministry of Labor and Social Protection, have the authority to enter workplaces without prior notice, examine equipment, materials, and processes, question employees and management, and review documentation and records.

Inspections follow guidelines provided by relevant OHS regulations. Key areas of focus may include machine safety and guarding, electrical installations, hazard communication (chemical labeling & safety data sheets), fire safety and emergency preparedness, ergonomics and musculoskeletal disorder prevention, and the use and maintenance of personal protective equipment (PPE).

Inspection Findings and Follow-up

If violations are found during an inspection, inspectors will issue a report noting these and may require employers to take immediate steps to address imminent hazards or develop and implement corrective action plans within a specified timeframe. The Labor Code outlines potential penalties for OHS violations, which may include warnings, fines, or, in severe cases, suspension of work activity. Follow-up inspections may be conducted to verify that corrective actions have been taken.

Limitations and Challenges

Despite their importance, workplace inspections face certain limitations and challenges. Resource constraints, such as limited inspection capacity and inspector numbers, may impact inspection frequency. Enforcing inspection standards and follow-up in the informal sector can be particularly challenging.

In Turkmenistan, employers are obligated to immediately notify the relevant labor inspectorate, the victim's trade union representative (if applicable), and law enforcement agencies in the event of a workplace accident. This is especially important in cases of serious injury or death.

Reporting Requirements

A formal accident report must be submitted to the labor inspectorate within a prescribed timeframe. This report should include the date, time, and location of the accident, a detailed description of the circumstances surrounding the accident, names and personal data of injured persons, nature and extent of injuries sustained, and measures taken to prevent future accidents.

Investigation Processes

The employer is responsible for forming an accident investigation commission. This commission typically includes the employer's representative, an occupational safety specialist, and a trade union representative (if applicable). The commission's main duties are to investigate and document the causes of the accident, collect witness statements, identify any violations of labor laws or safety regulations, and develop recommendations for corrective and preventative actions.

Compensation Claims

In general, employers in Turkmenistan are liable to compensate injured workers for workplace accidents. This compensation may cover medical expenses, lost wages, disability payments, and death benefits (for dependents in fatal accidents).

The exact process for compensation claims may vary. However, the following elements are common: Worker or their dependents filing a claim with the employer, potential involvement of insurance providers (if the employer has relevant coverage), and the possibility of disputes being resolved through labor courts.

Important Considerations

Enforcement of workplace safety regulations can be inconsistent in Turkmenistan. Access to qualified occupational safety professionals and specialized medical care, particularly in remote areas, might be limited. Some industries may have additional workplace safety regulations specific to their operations.