
1) Is the employer required to conduct regular workplace risk assessments?
Both the Labor Code of the Kyrgyz Republic and the Law on Occupational Safety establish the employer’s obligation to ensure the assessment of occupational risks related to working conditions.
However, there is no legislative requirement to conduct regular workplace risk assessments. Therefore, internal policies adopted at the respective enterprise shall apply.
[1] Labor Code of the Kyrgyz Republic No. 23 dated 23 January 2025;
[2] Law of the Kyrgyz Republic “On Occupational Safety and Health” No. 167 dated 1 August 2003
2) Is the employer required to provide PPE free of charge if the risk cannot be eliminated otherwise?
Yes, the legislation prescribes the employer’s obligation to provide employees with protective clothing, protective footwear and other personal protective equipment free of charge. In addition, at workplaces with hazardous or dangerous conditions, as well as at workplaces performed under special temperature conditions or involving contamination, employees shall be provided with certified personal protective equipment, as well as cleansing and neutralizing agents.
3) Can the employer charge the employee for PPE?
No, the employer cannot charge the employee for PPE. The employer is obligated to provide PPE (and related items like special clothing, footwear, protective agents, milk, etc.) at its own expense, not at the employee’s. Employees must receive this equipment free of charge if their work involves hazardous, harmful, or special conditions. Moreover, the procurement, storage, laundering, cleaning, repair, disinfection and decontamination of employees’ personal protective equipment shall be carried out at the employer’s expense.
4) Is the employer required to investigate and record all workplace accidents?
Yes. The employer is required to investigate and record all industrial accidents (injuries, poisonings, burns, electric shocks, bites, consequences of accidents, natural disasters, etc.) resulting in temporary or permanent disability, transfer to another job, or death, as well as develop and implement measures to eliminate their causes on that basis.
Even if the commission finds the incident unrelated to production (for example, due to alcohol consumption or the commission of a crime), it must still be investigated and included in the report as a separate line item. Cases of death due to a general illness or suicide are also investigated, but are not included in the statistics. Occupational chronic poisonings and diseases are investigated in accordance with a special procedure established by the Ministry of Health of the Kyrgyz Republic.
5) Can the employer skip the evacuation plan if they believe the likelihood of an emergency is low?
No, an employer may not skip the adoption of the evacuation plan based on their preferences, since the legislation requires that all protected facilities display floor-by-floor evacuation plans for people and material assets in the event of fire or emergency situations. Protected facilities include all property, whether privately or publicly owned, that is subject to fire safety requirements.
6) Can the employer replace mandatory medical examinations with a verbal health inquiry?
No. The employer is not entitled to substitute mandatory medical examinations with verbal inquiries regarding the employee’s state of health. Pursuant to the Instruction approved by the Resolution of the Government of the Kyrgyz Republic, preliminary and periodic medical examinations shall be conducted in state healthcare institutions. Psychiatric examinations shall be carried out at a neuropsychiatric dispensary (department, office) at the place of permanent registration of the person undergoing examination.
[1] Instruction on the Conduct of Mandatory Preliminary (upon Employment) and Periodic Medical Examinations of Employees, approved by Resolution of the Government of the Kyrgyz Republic No. 225 dated 16 May 2011
7) Is the employer required to notify the labor inspectorate about serious and fatal accidents?
Yes. In cases of accidents resulting in serious injury or death, the employer is obliged to immediately notify not only the Labor Legislation Control and Supervision Service, but also the prosecutor’s office and the territorial trade union association.
8) Can an employee refuse to perform dangerous work without risk of penalty?
Pursuant to the labor legislation of the Kyrgyz Republic, the State guarantees employees the protection of their right to work under conditions that comply with occupational safety and industrial hygiene requirements. The Law on Occupational Safety and Health establishes the employee’s right to refuse to perform work where a danger to life and health arises as a result of a violation of occupational safety requirements, or to refuse to perform heavy work and work with harmful or hazardous conditions that are not provided for in the employment contract. Such refusal does not entail the imposition of disciplinary liability on the employee, nor may it serve as grounds for termination of the employment contract at the employer’s initiative.
In the event of refusal to perform work due to a threat to life or health, the employer shall provide the employee with alternative work for the duration of the elimination of such danger, or, if this is not possible, shall pay for the idle time.
Authors: Elvira Maratova, Zhanygul Kaparova