Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the additional information contained in the Government’s report and again observes that the Government does not reply to the questions raised earlier.

Article 3, paragraph 2, of the Convention. In its previous direct request the Committee noted that the procedures and frequency of medical examinations were established in the Preventive Medical Examination Ordinance, No. 13 of 23 January 1998, of the Health Ministry of the Republic of Azerbaijan, and requested the Government to provide a copy thereof. The Committee notes the information that a medical committee set up under the abovementioned Ordinance produces a written report on the basis of the results of the medical examination. Furthermore, the Ordinance requires a lung X-ray to be carried out at the initial medical examination and, for persons working underground, at subsequent yearly re-examinations. The Committee asks the Government to provide the Office with a copy of the above Ordinance.

Articles 4, paragraphs 4 and 5. The Committee recalls that, in its previous comments, it asked the Government to indicate the provisions making it compulsory for employers to keep, and make available to inspectors and, at their request, to the workers’ representatives, records containing the data listed in paragraph 4, in respect of all persons under 21 years of age who are employed or work underground. The Committee also recalls that, in its earlier reports, the Government referred to a document summarizing the annual results of workers’ medical examinations, compiled on the basis of a model established by the Ministry of Public Health. The Committee notes that in its last report the Government refers to sections 215, 235 and 236 of the Labour Code which concern, respectively, the employer’s obligations in respect of occupational safety, the role of the labour legislation inspection services and the role of workers’ representatives and trade union representatives. Since the above provisions do not give effect to this Article of the Convention, the Committee hopes that in its next report the Government will be able to provide more specific information on the laws or regulations that apply this Article of the Convention.