RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of September 15, 2014 No. 263

About further enhancement of safety arrangements of workers

For the purpose of further enhancement, increase in targeting and efficiency of the performed measures for the organization of labor protection of workers the Cabinet of Ministers decides:

1. Approve:

Regulations on procedure for carrying out certification of workplaces under the terms of work and injury risk of the equipment according to appendix No. 1;

Regulations on procedure for issue of the qualification certificate of the labor protection specialist according to appendix No. 2.

2. To the ministry of the higher and secondary vocational education of the Republic of Uzbekistan, since the second half 2014-2015 academic years to enter the special Section on labor protection into training programs on the corresponding technical specialties of higher educational institutions.

3. To the ministry of employment and employment relationships of the Republic of Uzbekistan:

establish proper control of observance of the public and economic board by bodies, the companies, organizations and the organizations of requirements of this resolution;

provide accounting and systematization of information on the organizations performing activities in the field of certification of workplaces under the terms of work and injury risk of the equipment by forming and maintaining in centralized procedure for the database including the information about their personnel structure;

together with the Ministry of Health and the Ministry of the higher and secondary vocational education of the Republic of Uzbekistan to develop and approve the Training program and advanced trainings on labor protection in a month;

develop for application in activities of security services of work guidelines manuals on development, acceptance and implementation of target programs for improvement of working conditions, injury prevention, occupational diseases;

at the expense of means of the State fund of assistance of employment of the Republic of Uzbekistan to allocate to Republican scientific center of employment and labor protection necessary means for the acquisition of furniture and the import measuring equipment intended for retrofitting and retrofitting of laboratory of factors of the production circle and labor process.

4. To the Uzbek agency of standardization, metrology and certification to carry out in accordance with the established procedure:

checking of the measuring equipment which equips laboratory of factors of the production circle and labor process of Republican scientific center of employment, labor protection and social protection of the population;

accreditation of laboratory of factors of the production circle and labor process of Republican scientific center of employment, labor protection and social protection of the population.

5. Include Republican scientific center of employment and labor protection in the register of obligatory mailing of statistical information of the State committee of the Republic of Uzbekistan according to the statistics and the Ministries of employment and employment relationships of the Republic of Uzbekistan.

6. To the ministries and departments to bring the regulatory legal acts adopted by them into accord with this resolution in a month.

7. To impose control of execution of this resolution on the First Deputy Prime Minister of the Republic of Uzbekistan R. S. Azimov.

Appendix №1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of September 15, 2014 No. 263

Regulations on procedure for carrying out certification of workplaces under the terms of work and injury risk of the equipment

I. General provisions

1. This Provision determines procedure for carrying out certification of workplaces under the terms of work, weights and tensions of labor process, injury risk of the equipment, registration and use of its results, and also requirements to the certifying organizations.

2. This Provision is obligatory for all employers - the companies, organizations, the organizations (further - the companies).

3. In this Provision the following basic concepts are used:

workplace - the place of permanent or temporary stay of workers in the course of labor activity;

similar workplaces - workplaces which are characterized by set of the following signs: professions or positions of one name; accomplishment of the same professional obligations when conducting the same engineering procedure in identical operating mode; use of the same production equipment, tools, devices, materials and raw materials; work in one or several same rooms or in the open air; use of the same systems of ventilation, air conditioning, heating and lighting; identical arrangement of objects (production equipment, vehicles, etc.) on workplace; identical set of harmful and (or) dangerous production factors of one class and degree; identical security with individual protection equipment;

the working area - space up to 2 m high over the level of floor or the platform at which there are places of permanent or temporary stay of workers;

non-stationary workplaces - workplaces with territorially changing working areas where the part of workplace equipped with necessary means of production in which one or several workers perform similar work on nature or transaction is considered the working area;

occupational disease - the disease specific to this profession and acquired by the worker as a result of impact of harmful and dangerous factors of the production circle and labor process;

working capacity - the condition of the person determined by possibility of physiological and psychological functions of organism which characterizes its capability to carry out the specific number of work of the set quality for required interval of time;

the production circle - set of the chemical, biological, physical and social factors influencing the worker in the course of its labor activity;

working conditions - set of factors of the production circle and the labor process exerting impact on working capacity and health of the worker;

harmful production factor - production factor which impact on the worker can lead to his disease;

dangerous production factor - production factor which impact on the worker can lead to its injury. Depending on the quantity characteristic and duration of action separate harmful production factors can become dangerous;

safe working conditions - condition of working conditions in case of which impact on the worker of harmful and (or) dangerous production factors is excluded or levels of their impact do not exceed the established standard rates;

productive activity - set of the actions including production and conversion of different types of raw materials, construction, rendering different services;

SIZ (individual protection equipment) - technical means (special clothes, special footwear and other individual protection equipment) used for prevention or reduction of impact by workers of harmful or dangerous production factors and also for protection against pollution;

certification of workplaces under the terms of work and injury risk of the equipment (certification) - complex of the events held for the purpose of assessment of working conditions, weight and intensity of labor process on workplaces and injury risk of the equipment, detection of harmful and dangerous production factors and also reductions of working conditions, weights and tensions of labor process in compliance with the established requirements of the legislation;

certifying commission - the commission created by the decision of the director for realization of all complex of the questions connected with the organization of carrying out, management and control of carrying out certification of workplaces under the terms of work and injury risk of the equipment at all its stages;

the certifying organization - the legal entity who is meeting the requirements for implementation of activities in the field of certification of workplaces under the terms of work and injury risk of the equipment established by this Provision, and carrying out based on the agreement of civil nature of measurement of factors of the production circle and labor process and assessment of conformity of working conditions to requirements of labor protection.

4. Certification is carried out for assessment of working conditions on workplaces and detection of adverse, harmful and (or) dangerous production factors for the purpose of realization of constitutional rights of citizens on the healthy and safe working conditions meeting the requirements of regulations, rules and instructions for labor protection.

5. Results of certification are used for the purpose of and are the basis for:

developments and implementations of actions on reduction of working conditions in compliance with requirements of regulations, rules and instructions for labor protection;

establishments to the workers occupied on hard work, works with adverse, harmful and (or) dangerous and other special working conditions, privileges and compensations, stipulated by the legislation;

informing workers on working conditions on workplaces, about the existing risk of damage of health, about measures for protection against impact of harmful and (or) dangerous production factors and relying workers occupied on hard work, works with adverse, harmful and (or) dangerous and other special working conditions, compensations;

control of condition of working conditions on workplaces;

estimates of professional risk;

providing workers with means of individual and collective protection;

preparation of the statistical reporting on condition of working conditions;

confirmations of conformity of the organization of works on labor protection to requirements of labor protection;

solutions of question of communication of disease with profession in case of suspicion of occupational disease, and also in case of establishment of the diagnosis of occupational disease;

considerations of the questions and disagreements connected with providing safe working conditions of workers;

sanitary and household and medical support of workers according to requirements of regulations, rules and instructions for labor protection;

reasons for restrictions of work for separate employee categories, references of production, organizations, works, professions, positions and indicators to granting the right to preferential provision of pensions;

planning and financing of actions for improvement of conditions and labor protection at the company, including by fund on labor protection;

reductions in compliance of names of positions of employees and professions of workers with the names specified in the Qualifier of the main positions of employees and professions working and industry wage rate books of positions of employees and professions of workers;

data collection and processing about condition of conditions and labor protections at the company.

6. Certifications are subject all workplaces and professions:

with adverse, harmful and (or) dangerous and other special working conditions on which to workers privileges and compensations, stipulated by the legislation are established;

at which persons with disability are engaged;

specified in lists of the productions, organizations, works, professions, positions and indicators granting pension entitlement on favorable terms;

on hazardous production facilities.

Certification of the workplaces which are not specified in this Item is carried out at the discretion of the director.

7. The legal basis of carrying out certification are the Constitution of the Republic of Uzbekistan, the Labor code and the laws of the Republic of Uzbekistan, the resolution of chambers of Oliy Majlis of the Republic of Uzbekistan, decrees, resolutions and orders of the President of the Republic of Uzbekistan, the decision of the Government of the Republic of Uzbekistan, this Provision, the Qualifier of the main positions of employees and professions of workers, and also sanitary standards, rules and hygienic standard rates, construction regulations and rules, system of standards of labor protection, regulation, the rule and instruction for labor protection, other acts of the legislation.

8. Frequency of carrying out certification is established by the company, but at least once in 5 years.

Responsibility for timely carrying out certification is conferred on the director.

9. Materials of certification are materials of the strict reporting and are subject to storage of 50 years.

By reorganization certification materials in full are subject to transfer to the legal successor of the reorganized company, in case of liquidation - in the Public Records Office in accordance with the established procedure.

II. Carrying out certification

10. Certification is carried out by the employer together with the certifying organization attracted by the employer to performance of works on certification based on the agreement of civil nature.

11. The certifying organization for implementation of activities in the field of certification of workplaces under the terms of work and injury risk of the equipment shall meet the following requirements:

observe the Law of the Republic of Uzbekistan "About labor protection", requirements of this provision and other acts of the legislation;

have in the state at least three workers having the qualification certificate of the labor protection specialist and performing activities only in staff of this certifying organization;

have in property, on the right of economic maintaining, operational management or on other legal cause the laboratory intended for measurement of factors of the production circle and labor process with the approved technical competence approved in accordance with the established procedure (further - laboratory with the approved technical competence);

have help base of the existing regulatory legal acts on labor protection, and also the reference documentation necessary for carrying out certification;

provide confidentiality of information obtained when carrying out certification;

timely and qualitatively to fulfill contractual commitments on carrying out certification;