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Ministry of Justice

Republic of Tajikistan 

 On July 14, 2014 No. 547

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of July 3, 2014 No. 429

About Rules of carrying out certification of workplaces under the terms of work

According to article 6 of the Law of the Republic of Tajikistan "About labor protection" the Government of the Republic of Tajikistan decides:

1. Approve Rules of carrying out certification of workplaces under the terms of work (are applied).

2. To the ministries and departments, the organizations and organizations, irrespective of patterns of ownership to carry out certification of workplaces under the terms of work according to Rules of carrying out certification of workplaces under the terms of work.

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Approved by the Order of the Government of the Republic of Tajikistan of July 3, 2014 No. 429

Rules of carrying out certification of workplaces under the terms of work

1. General provisions

1. These rules of carrying out certification of workplaces under the terms of work (further - these rules) determine procedure for carrying out certification of workplaces under the terms of work, that is real assessment of nature of work, safety from injury rate and accounting of providing workers with individual remedies, and also procedure for use of results of certification of workplaces under the terms of work (further - certification) in the organizations and the companies (further - the organizations), irrespective of their patterns of ownership. These rules provide evaluating working conditions tool, laboratory and ergonomic (measurement of influence of harmful factors on production, intensity of the performed works, weight of the lifted freights, etc.) methods of researches.

2. Working conditions of all workplaces of the companies and organizations are subject to obligatory certification.

3. These rules are based on the Law of the Republic of Tajikistan "About labor protection" and determines bases of use by workers of the guarantees and privileges provided by the Labor code of the Republic of Tajikistan and the following regulatory legal acts:

- the occupational safety standards system (OSSS), sanitary and hygienic standard rates and rules, industry standard rates of free issue to workers of special clothes, special footwear and other individual protection equipment approved by resolutions of the State committee of the USSR on work and Presidium of the All-Union Central Council of Trade Unions in 1979-1982 (the complete list of these standard rates is specified in appendix 1);

- The list of productions, shops, professions and positions with harmful and severe conditions of work in which work grants the right to the short working day and annual additional vacation approved by the Resolution the Government of the Republic of Tajikistan of December 31, 2002, No. 521;

- the resolution of the State committee of the USSR on work of December 16, 1987, No. 731/p-13 "About procedure for free issue of milk or other equivalent foodstuff to the workers and employees occupied at works with harmful working conditions";

- the lists No. 1 and No. 2 of the productions, works, professions, positions and indicators granting the right to preferential provision of pensions, approved by the resolution of the Cabinet of Ministers of the USSR of January 26, 1991, No. 10.

4. Results of the certification of workplaces under the terms of work which is carried out according to these rules are used for the purpose of:

- planning and holding actions for safety and improvement of working conditions according to the operating regulatory legal acts;

- control over condition of working conditions of workplaces both the correct providing workers with the individual and collective certified remedies;

- assessment of probability of professional risk of loss of health and death of the worker in case of the accomplishment of obligations of the employment contract and other cases determined by the legislation;

- provision to the workers employed reliable information about working conditions of workplaces, availability of risk of harming health, measures for protection against influence of harmful and dangerous factors on production and the provided guarantees and privileges to the workers working in heavy, harmful and dangerous working conditions;

- certification of production facilities for the purpose of their reduction in compliance with requirements of labor protection;

- free issue according to the established standard rates of special clothes, footwear and other certified individual protection equipment and also which are washing away and the disinfecting means to the workers occupied at works with heavy, harmful and dangerous working conditions, at the works performed in special temperature conditions or connected with pollution;

- preparation of the list of people who during employment have obligatory medical examination and in operating time periodic, and also extraordinary medical examination;

- calculation of discounts and allowances to insurance rates on compulsory insurance of workers from labor accidents and occupational diseases;

- the solution of the questions connected with suspension or prohibition of work of the shop, production zone, production equipment and change of the processing lines which are directly menacing to health of workers;

- acquaintance of workers with working conditions of workplaces;

- creation of the statistical reporting on condition of working conditions, privileges and compensations for work with harmful and dangerous working conditions in form No. 1-T (working conditions);

- application of the established sanctions against the officials who allowed violation of the law about labor protection.

5. Terms of carrying out certification in the organization are established proceeding from change of conditions and nature of work, but at least once in 5 years from the moment of carrying out the last measurements.

6. In case of replacement of production equipment, change of processing lines, updating of individual protection equipment, and also upon the demand of the state authorized body in case of identification of violations in carrying out certification of working conditions of workplaces, certification is carried out repeated. Results of repeated certification are specified in the form of stand-alone programs to the card of certification of working condition of workplaces.

7. Measurements of parameters of dangerous and harmful production factors, the measure definition of weight and intensity of labor process is performed by laboratory of the organization.

8. In case of absence at the organization of laboratory, necessary technical means and regulatory framework, laboratories of state examination of working conditions (authorized body on conducting examination and certification of workplaces under the terms of work), the centers of sanitary and epidemiological surveillance and other laboratories, according to regulatory legal acts of the Republic of Tajikistan, the certifications of workplaces having the right to carrying out under the terms of work are involved in such works.

9. Assessment of injury prevention of workplaces the state authorized bodies having the right to it is conducted independently or according to requests of employers.

2. Preparation for carrying out certification of workplaces under the terms of work

10. Preparation for certification of workplaces under the terms of work includes creation of the list of all workplaces, identification of dangerous and harmful factors in production, measure definition of weight and intensity of production processes of the organizations which are subject to tool assessment for the purpose of determination of the actual values of their parameters.

11. For the organization and carrying out certification of workplaces under the terms of work the order according to which the certifying commission of the organization, if necessary, of the commission in structural divisions is created is issued, the chairman of certifying commission, members of the commission and responsible for creation, maintaining and storage of materials for certification of workplaces under the terms of work are appointed, and also terms and the schedule of carrying out certification of workplaces under the terms of work are determined.

12. It is recommended to include specialists of security services of work, labor organization and the salary, chief specialists, division managers of the organization, health workers, representatives of the trade-union organizations, joint committees (commissions) on labor protection in structure of certifying commission of the organization, authorized (confidential) persons on labor protection of labor unions or labor collective.

13. Certifying commission of the organization:

- also control of work at all stages of carrying out certification performs management;

- creates normative and legal, help and methodical base, necessary for carrying out certification of workplaces, and will organize its studying;

- constitutes the complete list of workplaces of the organization with allocation of similar workplaces for nature of the performed works and working conditions;

- establishes on the basis of the analysis of the available data the reasons of industrial traumatism in the organizations, the most injury-causing sites of work and the equipment;

- constitutes the list of dangerous and harmful production factors, indicators of weight and intensity of labor process of the workplaces of the organization which are subject to assessment, proceeding from characteristics of engineering procedure, structure of the equipment, the applied raw materials and materials, results of earlier taken measurements of indicators of dangerous and harmful production factors, indicators of weight and intensity of labor process, claims of workers to working conditions;

- assigns codes for productions, shops, sites, workplaces for carrying out the automated processing of results of certification of workplaces under the terms of work. Each workplace is recommended to assign the sequence number including to workplaces of one name;

- attestirut and makes the decision on further use of workplaces;

- develops suggestions for improvement and to improvement of working conditions;

- makes offers on readiness of divisions of the organization (production facilities) for their certification on compliance to requirements for labor protection.

14. In case of certification of workplaces assessment of working conditions, assessment of injury prevention of the equipment and devices is carried out. At the same time security of workers with means of individual and collective protection, and also efficiency of these means is considered.

15. On each workplace (or group of the workplaces which are carried out works under the terms of work, similar on nature) the Card of certification of working places under the terms of work is constituted.

16. Assessment of dangerous and harmful production factors on similar on nature of the performed works and under the terms of work workplaces is made based on the data obtained in case of certification at least 20% of such workplaces.

3. Carrying out certification of workplaces under the terms of work

17. Carrying out certification consists from:

- determinations of the actual values of dangerous and harmful production factors on workplaces;

- safety estimates from labor mutilation on workplaces;

- estimates of real condition of working conditions of workplaces.

18. In case of certification of workplaces under the terms of work all dangerous and harmful production factors which are available on workplace (physical, chemical, biological), weight and intensity of work are subject to assessment.

19. Levels of dangerous and harmful production factors are determined on the basis of tool measurements. Tool measurements of physical, chemical, biological and psychophysiological factors, ergonomic researches shall be carried out when conducting production processes according to production schedules, in case of the operational and effectively operating means of collective and individual protection. At the same time the control methods provided by the corresponding state standard specifications and (or) other regulations are used. The list of the specified regulations is provided to appendix 2 to this Provision.

20. When carrying out measurements it is necessary to use the measuring instruments provided by regulating documents, which underwent the state testing at the scheduled time.

21. Tool measurements of levels of production factors are drawn up by protocols. The form of protocols is established by the regulating documents determining procedure for carrying out measurements of levels of indicators of this or that factor. Protocols shall contain the following data in each case:

- name and subdivision code of the organization and workplace;

- date of measurements;

- the name of the organization (or its divisions) involved in accomplishment of measurements;

- the name of the measured production factor;

- gage (the name of the device, tool, date of checking and certificate number about checking);

- method of carrying out measurements with indication of the regulating document based on which measurement is taken;

- the venue of measurement, the sketch of the room with indication of on it measurement points (test selection);

- the actual value of the measured parameter;

- position, surname, initials, signatures of the worker taking measurements and the representative of administration of object on which measurements were taken;

- the signature of the responsible person, seal of the organization (or its divisions) involved in accomplishment of measurements.

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