Ohs Azerbaijan

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Azerbaijan - 2013
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Themes
1. Description of national OSH regulatory framework
2. Scope, coverage and exclusions
3. Institutions and programmes relating to OSH administration and/or enforcement
4. Employers’ duties and responsibilities to protect the safety and health of workers and others
5. Employers’ duty to organize prevention formally along generally accepted OSH management
principles and practices
6. Employers’ duty to ensure availability of expertise and competence in health and safety
7. Workers' rights and duties
8. Consultation, collaboration and co-operation with workers and their representatives
9. Specific hazards or risks
10. Recording, notification and investigation of accidents/incidents and diseases
11. OSH inspection and enforcement of OSH legislation
 1 Description of national OSH regulatory framework
 1.1 Description of OSH regulatory framework
Summary/citation: The main piece of legislation on occupational safety and health is the Act No. 313
of 29 September 1992 on labour protection followed by the Labour Code of February 1, 1999 which
also contains provisions on occupational safety and health, and in particular, chapters 33-36 of the
Labour Code are dedicated to various aspects on occupational safety and health.
Legal provisions on protection of workers from specific occupational hazards are contained in various
separate legislative enactments such as the Act on Radiation Safety of Population, the Act on Fight
Against Disease Caused by the Human Immunodeficiency Virus, or the Act on Fire Safety. The Code on
Administrative Offences and the Criminal Code of Azerbaijan provide for adequate penalties for
violations of the laws and regulations concerning occupational safety and health.
• Occupational safety and health country profile of Azerbaijan
• Law No. 1001-IIIQ of 11 May 2010 to Fight Against the Disease Caused by the Human
Immunodeficiency Virus (HIV).
• Code of the Republic of Azerbaijan on Administrative Offences
• Labour Code of the Republic of Azerbaijan of 1 February 1999.
• Criminal Code of 30 December 1999.
• Act of the Azerbaijan Republic on Radiation Safety of Population, No. 423-IG of December 30, 1997
• Act of the Azerbaijan Republic on Fire Safety, No. 313-IG of June 10, 1997
• Act No. 313 of 29 September 1992 on labour protection (occupational safety and health).
 2 Scope, coverage and exclusions

 2.1 Health and safety covers physical and psychological health
No data available.
 2.2 Definition of worker

Summary/citation: The worker is an individual who has entered into an employment agreement
(contract) with an employer and who works in an appropriate workplace for pay.
• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 3)
 2.2.1 Coverage of particular categories of workers

Sometimes.
 2.2.1.1 Migrant workers

Summary/citation: Citizens of the Azerbaijan Republic and foreign citizens have the right of labour
protection, safety of their life and health in the process of labour activity on the whole republic
territory.
• Act No. 313 of 29 September 1992 on labour protection (occupational safety and health). (Art. 2)
 2.2.1.2 Domestic workers
Summary/citation: Labour relations shall be established upon the execution of a written
employment contract. Clauses providing for additional labor, socioeconomic, material, domestic and
other relations may be included in collective contracts and employment contracts.
• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 7(2),(3))
 2.2.1.3 Home workers

Summary/citation: The Labour Code shall also apply to employees performing jobs in their homes
using their employer goods (materials).
• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 4.2)
 2.2.1.4 Self-employed persons

No data available.
 2.3 Definition of employer

Summary/citation: Employer: the owner or manager of a designated establishment or authorized body,
as well as any individual conducting business without having established an entity who is fully entitled to
enter into agreements with employees and to terminate or amend them.
 2.4 Exclusion of branches of economic activity

Sometimes.
 2.4.1 Agriculture
territory.
(Act No. 313 of 29 September 1992 on labour protection (occupational safety and health), Art. 2)
The Labour Code shall apply to all enterprises, establishments, organizations, as well as workplaces
where an employment agreement exists without the establishment of an entity, to all embassies and
consulates of the Republic of Azerbaijan operating outside the territory of the Republic of Azerbaijan,
to all ships sailing in international waters under the banner of the Republic of Azerbaijan and to all
offshore installations and other workplaces, regardless of their property, organizational and legal form,
and to relevant government bodies, individuals and entities of the Republic of Azerbaijan, pursuant to
the rules specified in the Labour Code.
(Labour Code of the Republic of Azerbaijan of 1 February 1999, Art. 4)
Remarks / comments: Agriculture is not excluded from the scope of OSH legislation.
 2.4.2 Construction
territory.
Remarks / comments: Construction is not excluded from the scope of OSH legislation.
 2.4.3 Services
territory.
Remarks / comments: Services are not excluded from the scope of OSH legislation.
 2.4.4 Public sector

Summary/citation: The labour code applies to public officials and others except for:
a) military personnel;
b) judges;
c) deputies of the Milli Majlis of the Republic of Azerbaijan and persons elected to municipal bodies;
d) foreigners signing employment contracts with a legal entity of a foreign country and fulfilling his
labor functions in an enterprise (affiliate, representation) operating in the Republic of Azerbaijan;
e) persons performing jobs under contractor, task, commission, author and other civil contracts.
• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 5, Art. &)
 2.4.5 Other
Summary/citation: The Labour Code shall apply unconditionally to all workplaces incorporated by
foreign countries, their citizens or entities, international organizations, and stateless persons in the
Republic of Azerbaijan registered under the law and doing business under a special permit (license)
unless otherwise stipulated by the agreements signed by and between the Republic of Azerbaijan and
foreign countries and international organizations.
 2.5 Definition of occupational accident

No data available.
 2.6 Definition of occupational disease

No data available.
 2.6.1 List of occupational diseases

No data available.
 2.6.2 Mechanism for compensating other diseases as occupational ones

No data available.
 3 Institutions and programmes relating to OSH administration and/or enforcement

 3.1 Competent national authority for safety and health at work
Summary/citation: A unified state policy on occupational safety shall be implemented by the relevant
Executive Authority.
 3.1.1 Objectives, roles and/or functions

Summary/citation: The relevant Executive Authority shall:
- develop and implement the unified state policy on occupational safety, determine the duties of the
respective executive authorities and employers to improve work conditions and to ensure
occupational safety, coordinate their activity for providing for healthy and safe working conditions and
exercise control over it;
- approve the programs on the improvement of working conditions and occupational safety in
consultation with trade unions and employers representative agencies; organize and ensure the
fulfillment of said programs;
- determine the state order for enterprises regarding the production of occupational safety devices
and make decisions on the institution of enterprises for the fabrication and manufacture of said
devices;
- organize and coordinate scientific-research work in the sphere of occupational safety, implement
national programs approved in the established manner and specify the terms and procedures to fund
said work;
- organize the training of occupational safety experts;
- determine the procedures for conducting single-state statistical reports on occupational safety in the
Republic.
 3.1.2 Chairperson and composition

No data available.
 3.2 National OSH research programme or institute

No data available.

No data available.
 3.2.2 Governance board constitution and chairmanship

No data available.
 3.2.3 Source of funding

No data available.
 3.3 National OSH programme

No data available.
 3.3.1 Consultation on the national OSH programme

No data available.
 4 Employers’ duties and responsibilities to protect the safety and health of workers and
others
 4.1 Duty to ensure the health and safety of employees
Summary/citation: Employers shall provide a healthy and safe workplace, shall monitor dangerous
and harmful production factors, and shall provide employees with information on these subjects in a
timely manner.
 4.2 Duty to protect the health and safety of people other than their own employees
No data available.
 4.3 Collaboration among two or more employers at the same workplace

No data available.
 4.4 Surveillance of workers’ health in relation to work

Summary / Citation: An employer entering into an employment contract with employees in harmful,
hazardous and harsh industries must provide a clause for an initial medical check-up and for regular,
free, compulsory medical tests pursuant to the regulations established by medical authorities for the
period of their employment.
If an employee refuses to have a medical check-up or if he/she does not follow the advice of the doctor
or medical commission after medical tests, the employer may dismiss him/her or impose relevant
disciplinary action pursuant to Article 62 of the Labour Code.
 4.4.1 Specific hazards for which surveillance is required

No data available.
 4.5 Surveillance of the working environment and working practices

Summary / Citation: Employers shall provide a healthy and safe workplace, shall monitor dangerous
and harmful production factors, and shall provide employees with information on these subjects in a
timely manner.
 4.6 Duty to provide personal protective equipment

Summary / Citation: The owner of the undertaking and the employer are directly responsible for the
fulfillment by workers of standards and rules on occupational safety and health at workplaces and must
provide workers at definite period and in required condition free of charge special clothing, footwear and
other personal protective equipment.
The employer must provide storage, washing, drying, disinfection, decontamination, deactivation and
repair of special clothes, footwear, and other personal protective equipment given to workers.
• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 215, Art. 222.6)
Related CEACR Comments

• Hygiene (Commerce and Offices) Convention, 1964 (No.Â 120) Direct Request 2017
 4.7 Duty to ensure the usage of personal protective equipment

Summary / Citation: Occupational safety service experts shall have the right to monitor employee
compliance with occupational safety standards and regulations, to order the heads of relevant units to
take mandatory measures to eliminate violations and to make recommendation to the employer with
respect to the liability of any individual who violates occupational safety laws.
 4.8 Duty to provide first-aid and welfare facilities

Sometimes.
 4.8.1 Arrangements for first-aid

Summary / Citation: Employers must provide employees that are hired or transferred to another job
with occupational safety instructions and see that they are taught how to use safe working methods
and render first aid to those employees injured in accidents.
• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 219(4))
 4.8.2 Sanitary installations

Summary / Citation: The owner and employer of the establishment shall provide the necessary tools
for hygiene and cleanliness and provide treatment and prevention services.
The administration is to conduct labour protection instruction of the new staff, as well as staff
transferred, train safe mode of work fulfillment and rendering of first medical aid to people, injured as
a result of accident.

 4.8.3 Drinking water

Summary / Citation: In certain production areas determined by law the employer shall provide clean
drinking water.
• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 222(7))

 4.8.4 Rest and eating areas

Summary / Citation: For workers who work outdoors during cold and hot seasons of the year, or in
closed unheated rooms and in hot workshops, the employer has a duty to provide areas to warm up
and rest.
 5 Employers’ duty to organize prevention formally along generally accepted OSH

management principles and practices
 5.1 Elements of an OSH management system
Sometimes.
 5.1.1 Policy or plan specifying responsibilities and arrangements for health

and safety
Summary/citation: Employers shall prepare and implement annual plans to improve working
conditions, ensure occupational safety and protect employees' health.
 5.1.2 Appointment of a person for health and safety

Summary/citation: Occupational safety service experts shall have the right to monitor employee
compliance with occupational safety standards and regulations, to order the heads of relevant units to
take mandatory measures to eliminate violations, and to make recommendation to the employer with
respect to the liability of any individual who violates occupational safety laws.
An occupational safety service shall be created to organize occupational safety and monitor
employees' compliance with occupational safety laws and standards at all offices and entities in all
branches of the economy with the number of staff over fifty employees.
 5.1.3 Written risk assessment

 5.1.4 Safe operating work systems and procedures

The owner of the undertaking and employer are directly responsible for making their workers comply
with occupational safety and health regulations and standards at the workplace and must ensure
safety of buildings, installations, technological processes and equipment.
• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 215, Art. 222)
 5.1.5 Training and information on risks

Summary/citation: The owner of the undertaking and employer are directly responsible for making
their workers comply with occupational safety and health regulations and standards at the workplace
and must ensure safety of buildings, installations, technological processes and equipment.
Employers, together with employee unions, shall certify compliance with occupational safety
standards and regulations. Employees shall be informed of, the results of certification. The employer,
acting according to the certification results, shall take measures to comply with current regulations.
 5.1.6 Review or assessment of the results of preventive measures

Summary/citation: Employers, together with workers' unions, shall certify compliance with
occupational safety standards and regulations. Employees shall be informed of the results of
certification. The employer acting according to the certification results shall take measures to comply
with current regulations.
 5.1.7 Consultation with workers in health and safety

Summary/citation: Employers, together with workers' unions, shall certify compliance with
 5.2 Obligation to implement a specific OSH management system or standard

No data available.
 6 Employers’ duty to ensure availability of expertise and competence in health and safety
 6.1 OSH competence
Summary/citation: The owner of the undertaking and employer are directly responsible for making
their workers comply with occupational safety and health regulations and standards at the workplace
and must ensure safety of buildings, installations, technological processes and equipment.
 6.1.1 Requirement to access expert advice and/or support in health and

safety
Summary / Citation: An occupational safety service shall be created to organize occupational safety
and monitor employees' compliance with occupational safety laws and standards at all offices and
entities in all branches of the economy where the number of staff is over fifty employees.
Occupational safety service experts shall have the right to monitor employees' compliance with
occupational safety standards and regulations, order the heads of relevant units to take mandatory
measures to eliminate violations, and make recommendation to the employer with respect to the
liability of any individual who violates occupational safety laws.
 6.1.1.1 Qualifications of experts or professional services

Summary / Citation: Experts familiar with labour legislation and occupational safety standards
shall be included in the staff of labour protection services. In enterprises where the number of
employees is over fifty, the position of engineer for safety shall be established, but if the number of
workers is over five hundred- the position of the deputy chief (chief engineer) of the company shall
be created. An industrial-sanitary laboratory and a doctor's position shall be instituted at enterprises
employing over one thousand employees.
 6.2 Appointment of an OSH practitioner

Summary/citation: An occupational safety service shall be created to organize occupational safety and
monitor employees' compliance with occupational safety laws and standards at all offices and entities in
all branches of the economy where the number of staff is over fifty employees.
Experts familiar with labour legislation and occupational safety standards shall be included in the staff of
labour protection services. In enterprises where the number of employees is over fifty, the position of
engineer for safety shall be established, but if the number of workers is over five hundred- the position
of the deputy chief (chief engineer) of the company shall be created. An industrial-sanitary laboratory
and a doctor's position shall be instituted at enterprises employing over one thousand employees.
 6.2.1 Workforce size threshold for the appointment of OSH practitioners

Summary/citation: An occupational safety service shall be created to organize occupational safety
and monitor employee compliance with occupational safety laws and standards at all offices and
entities in all branches of the economy where the number of staff is over fifty employees.
 7 Workers' rights and duties

 7.1 Duty to take reasonable steps to protect their own safety and health
Summary / Citation: Employee duties involving occupational safety shall include the following:
- to learn, familiarize themselves and apply the requirements defined by relevant regulations for safety,
hygiene, and fire protection;
- to perform work without jeopardizing their own life or that of others, to stay out of places where
employees are not allowed such as machinery operating rooms and explosive depots, and to refrain
from working in certain other places where there may be a danger to life;
- to work in the special clothing and shoes issued, to follow and enforce safety regulations, standards
and instructions and to use protective methods as stated in the individual or collective contracts;
- to inform the employer representatives about job accidents, any emergencies or any violation of
occupational safety regulations;
- to regularly improve their occupational safety knowledge;
- to follow the orders and advice of employers, supervisors and experts on occupational safety.
 7.2 Duty to take reasonable steps to protect the safety and health of others

 7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of
others
No data available.
 7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of
others
No data available.
 7.5 Self-employed persons’ duty to take reasonable steps to protect their own and
other people’s health and safety
No data available.
 7.6 Duty to comply with OSH-related requirements

 7.7 Right to enquire about risks and preventive measures

Summary / Citation: Employers, together with workers' unions, shall certify compliance with
Employees shall have the right to request information about occupational safety in their workplaces, the
necessary occupational safety material which they should be given based on working conditions and
concessions and guarantees. Employers shall be obliged to satisfy these requirements.
 7.8 Right to remove themselves from a dangerous situation

Summary / Citation: Should the employer not provide safe working conditions or create a danger to
the health and lives of workers, a worker has a right to refuse to perform his/her job or to go on an
individual strike. In this case the worker does not bear any responsibility and this labour dispute must be
resolved in accordance with the established procedure.
 7.9 Right to be reassigned to non-hazard work

Summary / Citation: Should an employee need to be transferred to an easier job for health reasons,
the employer, with the consent of the employee and in accordance with the medical report, must
transfer the employee to an easier job on a temporary or permanent basis.
 7.9.1 Right to withdraw with compensation when workers are not

reassigned to non-hazard work
Summary / Citation: In order to preserve an employee’s health, the employee may be transferred to
a job that does not affect his health negatively and paid a lower salary. In such cases, the employee
shall retain his average salary from his previous job for one month after the transfer on a temporary or
permanent basis.
Employees who suffer from tuberculosis and other chronic diseases and who are transferred to a
lower-paying job shall be paid the full salary from their previous job during their temporary transfer,
but for no longer than four months.
An employee injured in an on-the-job accident or who suffers from a job-related illness may, on
recommendation of an authorized medical commission be transferred temporarily to an easier job and
be paid the average of the salaries for his/her previous and current positions. The employee shall
receive this average salary until he recovers or until his disability or restricted health condition up to
18 years is established.
 8 Consultation, collaboration and co-operation with workers and their representatives

 8.1 National OSH committee, commission, council or similar body
No data available.

No data available.
 8.1.2 Constitution and chairmanship modalities

No data available.
 8.2 Employers’ duty to consult workers on risks

Employees shall have the right to request information about occupational safety in their workplaces, the
necessary occupational safety material which they should be given based on working conditions and
concessions and guarantees. Employers shall be obliged to satisfy these requirements.
 8.3 Workers’ right to select their representatives for health and safety matters
No data available.
 8.3.1 Workforce size conditions for workers’ representation in health and

safety
No data available.
 8.3.2 Conditions of eligibility to represent workers in health and safety

No data available.
 8.4 OSH representatives’ functions, rights and powers

Sometimes.
 8.4.1 Right to inspect the workplace

Summary / Citation: Representatives on job protection have the right to monitor the situation in the
workplace in regard to job protection, request the authorities to correct discovered shortcomings, and
if necessary, to raise issues with the employer regarding the possibility of taking legal action against
the offender.
Labour unions can within their rights as specified in the Law of the Republic of Azerbaijan on Labour
Unions participate in the supervision of the implementation of laws and applicable regulatory legal
acts on job protection by the employer.
 8.4.2 Right to access OSH information

Employees shall have the right to request information about occupational safety in their workplaces,
the necessary occupational safety material which they should be given based on working conditions
and concessions and guarantees. Employers shall be obliged to satisfy these requirements.
 8.4.3 Right to be present at interviews

No data available.
 8.4.4 Right to receive professional assistance from OSH experts

No data available.
 8.4.5 Right to accompany inspectors
No data available.
 8.4.6 Right to use facilities

No data available.
 8.4.7 Right to have time off work with pay to perform duties
Summary / Citation: In order for the trade union representative to be able to carry out his/her duties
the employer should give him/her at least two hours per week which are paid at a rate of an average
wage.
 8.4.8 Right to issue remedial notices

No data available.
 8.4.9 Right to resolve OSH issues in consultation with employers

 8.4.10 Right to direct that dangerous work cease

Summary / Citation: When dangers for the health and life of workers are created, the labour unions
have the right to raise before the authority responsible for the state control of compliance with labour
legislation the issue of stopping the use of any machinery which has faulty components and
mechanisms which are dangerous for workers; the production of other kinds of products, use of
materials, equipment, and technology which are hazardous to human health; and activities and
decisions made by the employer which are in violation of laws on occupational safety and health.
 8.5 Right of workers’ representatives from outside the undertaking to address OSH
issues at the workplace
No data available.
 8.5.1 Right to enter the workplace

No data available.
 8.5.2 Right to investigate suspected non-compliance with OSH legislation

No data available.
 8.5.3 Right to consult with workers

No data available.
 8.5.4 Right to advise workers

No data available.
 8.5.5 Right to initiate enforcement action

No data available.
 8.6 Joint OSH Committee

No data available.
 8.6.1 Participation of workers’ representatives in joint OSH committee

No data available.
 8.6.2 Conditions for establishing a joint OSH committee

No data available.
 8.6.3 Objectives, roles and/or functions of joint OSH committees

No data available.
 8.6.4 Keeping record of the work of joint OSH committees

No data available.
 8.6.5 Sharing the minutes of joint OSH committees meetings

No data available.
 8.7 Mandatory training for members of joint OSH committee(s)

No data available.
 8.8 Protection against reprisals

No data available.
 8.9 Immunity from civil and criminal liability for exercising OSH related rights and
duties
No data available.
 9 Specific hazards or risks

 9.1 Biological hazards
Summary / Citation: Shorter working hours of no more than 36 hours per week shall be established for
employees engaged in occupations, positions and industries characterized by working conditions
hazardous to human health with regard to physical, chemical, biological and industrial factors. The list
of such workplaces shall be approved by the relevant authority.
 9.2 Chemical hazards

Summary / Citation: Shorter working hours of no more than 36 hours per week shall be established for
employees engaged in occupations, positions and industries characterized by working conditions
hazardous to human health with regard to physical, chemical, biological and industrial factors. The list
of such workplaces shall be approved by the relevant authority.
(Art. 92.1)
The competent authorities shall approve unified detailed lists on hazardous and risky chemicals,
radioactive and other substances that shall be prohibited to use during the production of commodities
and performance of work (services).
(Art. 211)
• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 92.1, Art. 211)
 9.2.1 Handling, storage, labelling and use

No data available.
 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in

relation to the safety and health of users
No data available.
 9.2.3 Pesticides
No data available.
 9.3 Ergonomic hazards

No data available.
 9.4 Physical hazards

Sometimes.
 9.4.1 Ionising radiation

Summary / Citation: The employer must eliminate hazards such as radiation which have negative
impact on employees' health.
• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 151(a))
• Act of the Azerbaijan Republic on Radiation Safety of Population, No. 423-IG of December 30, 1997

• Radiation Protection Convention, 1960 (No.Â 115) Direct Request 2016
 9.4.2 Vibration and noise

Summary / Citation: The employer must eliminate hazards such as noise and vibration which have
negative impact on employees' health.
• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 151(a))

• Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No.Â 148) Observation
2017
• Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No.Â 148) Direct
Request 2010
 9.4.3 Working at height

No data available.
 9.4.4 Working in confined spaces

No data available.
 9.4.5 Risks arising from poor maintenance of workplace facilities
Summary / Citation: The employer who fails to create conditions in work places for protection of
healthy and safe jobs, or fails to take the measures agreed upon in collective agreements will be
prosecuted for civil and criminal wrongdoing in cases and in ways defined by law.

 9.4.6 Exposure to extreme temperatures

Summary / Citation: For workers working at low temperatures, outdoors under windy conditions, and
during cold weather in unheated confined spaces, breaks must be given for warming up or the work
must be suspended. Workers working at temperatures over 41 degrees Celsius and outdoors, or in
cold weather, or indoors but in unheated buildings with a temperature below 14 degrees Celsius must
be given breaks in the manner prescribed by this article, or the work must be suspended.

 9.4.7 Fire risks

Yes.
• Act of the Azerbaijan Republic on Fire Safety, No. 313-IG of June 10, 1997
 9.4.8 Tobacco
No data available.
 9.4.9 Asbestos
No data available.
 9.4.10 Risks related to nanotechnology

No data available.
 9.4.11 Contraction of HIV in the workplace

Yes.
• Law No. 1001-IIIQ of 11 May 2010 to Fight Against the Disease Caused by the Human
 9.5 Psychosocial hazards

No data available.
 9.5.1 Psychosocial risks

No data available.
 9.5.2 Occupational violence

No data available.
 9.6 Other hazardous substances

Summary / Citation: Harmful substances, raw materials and other toxic materials cannot be used until
an expert study including aspects such as engineering, fire protection, public health and hygiene and
medical care has been performed, and research has been carried out to determine the effect of these
substances on human health.
 9.7 Machineries
Sometimes.
 9.7.1 Risks related to machinery and tools

Summary / Citation: The owner and employer of the establishment shall be directly responsible for
the occupational safety of employees in the workplace and for the application of regulations.
They also shall protect the security of buildings, machinery, technological processes and equipment.

• Guarding of Machinery Convention, 1963 (No.Â 119) Observation 2010
• Guarding of Machinery Convention, 1963 (No.Â 119) Direct Request 2016
 9.7.2 Duty of designers and/or manufacturers of machineries in relation to

the occupational safety and health of operators of machineries
Summary / Citation: Unless they meet the requirements of current occupational safety and health
standards, regulations and norms, industrial buildings and installations may not be designed or
introduced; means of production may not be constructed, reconstructed, prepared or produced, and
technology may not be used.

 9.7.3 Duty of designers, manufacturers, importers or suppliers of

machineries to provide machineries information
No data available.
 9.7.4 Duty to purchase machineries from authorised/certificated suppliers

or only if approved/certificated
Summary / Citation: No new or reconstructed undertaking, object or production tool can start
operating without a certificate-passport issued according to a particular order by a body carrying out
state control over compliance with labour legislation.

 9.7.5 Maintenance of machinery and equipment

No data available.
 9.7.5.1 List of equipment where applicable

No data available.
 9.8 Provisions to protect workers in specific condition of vulnerability

Yes.
 9.8.1 Protection of pregnancy at work

Summary / Citation: The rate of production or service quotas for women who are pregnant
according to medical verification shall be reduced and they shall be working in lighter works where
hazardous side-effects of production are eliminated.
In case women with children under the age of one year and a half are facing difficulties with doing
their work and feeding or breast feeding their children on time, upon written request of the worker the
employer has to transfer her to lighter work, or provide necessary conditions for feeding of her child
until the child reaches the age of one year and a half.
While women are transferred to lighter work, their salary shall remain as the average salary for their
main work.
It is unlawful to reduce wages of women workers due to their pregnancy or to the fact that they are
breastfeeding.
If an employer refuses to sign a labour contract with a woman who is pregnant or has a child under
the age of three years has to explain the rationale of the decision in writing to the woman.

• Maternity Protection Convention, 2000 (No.Â 183) Direct Request 2013
 9.8.2 Protection of lactating women at work

Summary / Citation: In case of female workers with children under the age of one year and a half if
facing difficulties with doing their work and feeding or breast feeding their child on time, upon a written
request of the worker the employer has to transfer her to lighter work, or provide necessary conditions
for feeding her child until the child reaches the age of one year and a half.
While women workers are transferred to lighter work, their salary shall remain as the average salary
for their main work.
It is unlawful to reduce wages of women workers due to their pregnancy or to the fact that they are
breastfeeding.
If an employer refuses to sign a labour contract with a woman who is pregnant or has a child under
the age of three years has to explain the rationale of the decision in writing to the woman.
Women workers who have children under the age of one year and a half shall be given breaks for
feeding their children, in addition to their regular lunch and rest breaks. These additional breaks shall
be at least 30 minutes and shall be given every 3 hours. If a woman worker has two or more children
who are under the age of one year and a half, the duration of such breaks shall be at least one hour.
Breaks given for feeding are considered as working time and the average salary of the worker shall
stay the same.

• Maternity Protection Convention, 2000 (No.Â 183) Direct Request 2013
 9.8.3 Limits to women’s access to specific occupations, undertakings or

shifts
Summary / Citation: Jobs and workplaces where women are prohibited from being engaged in
works entailing intensive labour, located in hazardous workplaces or underground, in tunnels or in
mines.
The employment of women is permitted in underground works involving leadership positions where
continuous physical work is not needed, socials works, sanitation and medical services, or works
involving underground permanence without any physical work.
The employment of women to lift or carry heavy items from one place to another beyond the limits
specified in below:
- lifting by hand and carrying to another place objects whose total weight is no more than 10
kilograms during the entire workday (work shift);
- carrying objects by vehicles whose lifting would involve more than 15 kilograms.
Engaging women who are pregnant or have children of less than three years of age in works
specified in this article is prohibited.
The list of hazardous and labor intensive jobs, positions, professions and underground jobs where
employment of women is prohibited are prepared by the related governor's office.
The employment of pregnant women or women who have children under three years of age in night
shift, overtime, weekend, holiday considered as non-business day or sending them to business travel
is prohibited.
In order to engage women who have children between the age of 3 and 14 years or a child with
restricted health condition to work overtime, on weekends, holidays or to send them to a business
travel their written consent is needed.
• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Arts. 241, 242)
• Underground Work (Women) Convention, 1935 (No.Â 45) Direct Request 2010
 9.8.4 Limits to workers’ access to specific occupations, undertakings or

shifts by reason of age
Summary / Citation: Persons who are under the age of 15 shall not be employed.
Employment of persons younger than 18 years is prohibited in jobs with difficult and hazardous
working conditions, also in underground tunnels, mines and other underground jobs, works involving
trafficking in drugs, psychotropic substances and their precursors, in night clubs, bars, and casinos
which could be detrimental to the development of their moral maturity, and also in jobs linked to the
production, transportation, sale and storage of alcoholic drinks, and toxic materials.
There are also other jobs where limitations on lifting of heavy loads by employees under 18 are
applied.
Workers under the age of 18 are suitable to be employed only after passing medical examinations
and until they reach the age of 18 they must be medically examined every year and at no cost
(expenses to be paid by the employer).
• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Arts. 249- 251)

• Minimum Age Convention, 1973 (No.Â 138) Observation 2017
• Minimum Age Convention, 1973 (No.Â 138) Direct Request 2017
• Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No.Â 79) Direct
Request 2016
• Night Work of Young Persons (Industry) Convention (Revised), 1948 (No.Â 90) Direct Request 2016
 10 Recording, notification and investigation of accidents/incidents and diseases

 10.1 Duty to record and/or investigate the causes of work accidents, near misses
incidents and cases of occupational diseases
Sometimes.
 10.1.1 Work-related accidents

Summary / Citation: Employers shall immediately notify the authority exercising state control over
compliance with labour legislation about the accident on the day it took place for its investigation,
independently to the gravity of the accident. The authority exercising state control over compliance
with labour legislation shall establish a commission to investigate the accident on the basis of the
information received and according to the Law.
 10.1.2 Near miss incidents

No data available.
 10.1.3 Occupational diseases

No data available.
 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries
to health
Summary / Citation: Employers shall immediately notify the authority exercising state control over
compliance with labour legislation about the accident on the day it took place for its investigation,
independently to the gravity of the accident. The authority exercising state control over compliance with
labour legislation shall establish a commission to investigate the accident on the basis of the
information received and according to the Law.
The oversight of the investigation and registration of accidents shall be governed by a normative legal
act approved by the relevant executive authority on the basis of procedures stipulated herein.

• Labour Inspection Convention, 1947 (No.Â 81) Direct Request 2016
 11 OSH inspection and enforcement of OSH legislation

 11.1 Appointment of OSH inspectors
Summary / Citation: Supervision of rules and regulations and normative legal acts on protection of
labour is conducted by special government organizations responsible for state control of the
observance of labour legislation.
The decisions of government supervision organizations responsible for state control of the observance
of labour legislation and their authorized persons taken within their authority must unconditionally be
implemented. Such decisions may be appealed administratively and/or before the competent court in
accordance with legislation.
 11.2 OSH inspectors’ powers

No data available.
 11.2.1 Power to enter workplaces

No data available.
 11.2.2 Power to inspect and carry out any examination, test or enquiry
No data available.
 11.2.3 Power to investigate

No data available.
 11.2.4 Duty to provide advice on OSH

No data available.
 11.3 OSH inspectors’ enforcement powers

No data available.
 11.3.1 Power to issue orders or notices

No data available.
 11.3.2 Power to impose financial penalties

No data available.
 11.3.3 Power to revoke or suspend licenses or authorisations

No data available.
 11.3.4 Power to require the cessation of dangerous work

No data available.
 11.3.5 Power to initiate prosecutions

No data available.
 11.3.6 Power to conduct prosecutions

No data available.
 11.3.7 Other enforcement powers

No data available.
 11.4 Application of sanctions by courts

Yes.
 11.4.1 Financial penalties for legal persons

Summary / Citation: • Minimum financial penalty for corporations is 1000 manats (1,274 US dollars);
• Maximum financial penalty for corporations is 2000 manats (2,548 US dollars);
Violation of the rules of occupational safety and health, i.e.: 1) non-observance of requirements of the
standards, norms and rules on occupational safety and health; 2) non-observance of security of the
buildings, installations, equipment and technological processes; 3) non-putting in order the hygiene
and sanitary conditions and conditions of the occupational safety and health directly at workplaces in
compliance with the effective norms; 4) non-organisation of proper everyday sanitary and medical-
preventive service for the workers; 5) non-observance of normal regime for labour and rest; 6) non-
delivery of free of charge special boots and other personal protective equipment to the workers on the
schedule date and by a required assortment; 7) non-provision of training on norms and rules of
occupational safety and health, instruction, examination of the knowledge and promotion of
occupational safety and health for workers; 8) non-inclusion in the collective contract rules on
occupational safety and health or non-fulfillment of obligations provided for in the collective contract;
9) non-introduction of statistic report in accordance with the time and form established by the
appropriate body of executive power of the Azerbaijan Republic about results of measures taken on
occupational safety and health, creation of proper work condition and their co-ordination with the
effective norms; 10) operation of the rotary and transmission parts of machinery and equipment
without protective devices supplied by the manufacturer;
shall be punished with a fine ranging from one thousand to two thousand manats."
• Code of the Republic of Azerbaijan on Administrative Offences (Art. 54)
 11.4.2 Financial penalties for natural persons

Summary / Citation: • Minimum financial penalty for individuals is 100 manats (127 US dollars);
• Maximum financial penalty for individuals is 2,000 manats (2,548 US dollars);
Infringement of occupational safety and health regulations or rules committed by the person in charge
of their compliance, when grave or minor-gravity damage was negligently caused to the health of a
person, shall be punished with a financial penalty ranging from one hundred up to five hundred
manats.
Violation of the rules of occupational safety and health shall involve penalization at the rate from one
thousand to two thousand manats.
• Criminal Code of 30 December 1999. (Art. 162)
 11.4.3 Non-financial sanctions

Summary / Citation: Infringement of occupational safety and health regulations or rules committed
by the person in charge of their compliance, when grave or minor-gravity damage was negligently
caused to the health of a person, shall be punished by a financial penalty or corrective works or
imprisonment for the term of up to six months.
The same action which due to imprudence resulted in the death of a person shall be punished by
imprisonment for the term up to five years with deprivation of the right to hold certain posts or to
engage in the certain activities for the term from three up to five years or without it.
 11.4.4 Criminal liability

Summary / Citation: There is a possibility of prosecution for manslaughter under the criminal law.
 11.4.5 Terms of imprisonment for natural persons

Summary / Citation: • Minimum term of imprisonment is 3 months. This is the shortest generally
established term of imprisonment;
• Maximum term of imprisonment is up to 5 years;
Infringement of occupational safety and health regulations or rules committed by the person in charge
of their compliance, when grave or minor-gravity damage was negligently caused to the health of a
person, shall be punished by a financial penalty or corrective works or imprisonment for the term of
up to six months.
The same action which due to imprudence resulted in the death of a person shall be punished by
imprisonment for the term up to five years with deprivation of the right to hold certain posts or to
engage in the certain activities for the term from three up to five years or without it.
• Criminal Code of 30 December 1999. (Art. 55, Art. 162)
References
 Occupational safety and health country profile of Azerbaijan
 Law No. 1001-IIIQ of 11 May 2010 to Fight Against the Disease Caused by the Human
 Order of the Cabinet of Ministers of the Republic of Azerbaijan No. 137 of 22 August 2002 as
amended to 30 August 2013 on establishment of the minimum size of allowances (coefficients) to ensure
the payment of higher rate wages to workers employed in jobs involving hazardous or harmful working
conditions and workplaces that are difficult to work in due to climatic environments.
 Code of the Republic of Azerbaijan on Administrative Offences
 Law No. 618 of 1 February 1999 promulgating the Labour Code of the Republic of Azerbaijan.
 Criminal Code of 30 December 1999.
 Act of the Azerbaijan Republic on Radiation Safety of Population, No. 423-IG of December 30,
1997
 Act of the Azerbaijan Republic on Fire Safety, No. 313-IG of June 10, 1997
 Law No. 313 of 29 September 1992 on labour protection (occupational safety and health).
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• Occupational safety and health country profile of Azerbaijan

• Code of the Republic of Azerbaijan on Administrative Offences

• Labour Code of the Republic of Azerbaijan of 1 February 1999.

• Criminal Code of 30 December 1999.

 2 Scope, coverage and exclusions

 2.2 Definition of worker

• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 3)

 2.2.1 Coverage of particular categories of workers

 2.2.1.1 Migrant workers

• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 7(2),(3))

 2.2.1.3 Home workers

• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 4.2)

 2.2.1.4 Self-employed persons

 2.3 Definition of employer

• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 3)

 2.4 Exclusion of branches of economic activity

• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 4)

• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 4)

• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 4)

 2.4.4 Public sector

 2.5 Definition of occupational accident

 2.6 Definition of occupational disease

 2.6.1 List of occupational diseases

 2.6.2 Mechanism for compensating other diseases as occupational ones

 3 Institutions and programmes relating to OSH administration and/or enforcement

• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 212)

 3.1.1 Objectives, roles and/or functions

• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 212)

 3.1.2 Chairperson and composition

 3.2 National OSH research programme or institute

 3.2.1 Objectives, roles and/or functions

 3.2.2 Governance board constitution and chairmanship

 3.2.3 Source of funding

 3.3 National OSH programme

 3.3.1 Consultation on the national OSH programme

• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 222.1)

 4.3 Collaboration among two or more employers at the same workplace

 4.4 Surveillance of workers’ health in relation to work

• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 226)

 4.4.1 Specific hazards for which surveillance is required

 4.5 Surveillance of the working environment and working practices

• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 222.1)

 4.6 Duty to provide personal protective equipment

Related CEACR Comments

 4.7 Duty to ensure the usage of personal protective equipment

• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 223)

 4.8 Duty to provide first-aid and welfare facilities

 4.8.1 Arrangements for first-aid

• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 219(4))

 4.8.2 Sanitary installations

• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 222)

Related CEACR Comments

 4.8.3 Drinking water

• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 222(7))

Related CEACR Comments

 4.8.4 Rest and eating areas

• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 222.8)

 5 Employers’ duty to organize prevention formally along generally accepted OSH

 5.1.1 Policy or plan specifying responsibilities and arrangements for health

• Labour Code of the Republic of Azerbaijan of 1 February 1999. (Art. 222.2)