Occupational Health and Safety Regulations in Mongolia

1) Is the employer required to conduct regular workplace risk assessments?

An entity employer must allocate a certain percentage of production and service costs to occupational health and safety, based on operational risk levels. The employer is responsible for conducting risk assessments to identify, evaluate, and mitigate workplace dangers, and must establish internal controls to ensure effective implementation of safety measures.

2) Is the employer required to provide PPE free of charge if the risk cannot be eliminated otherwise?

The employer is obligated to provide the employee with PPE that meets international standards for the employee’s working conditions and responsibilities, at no cost to the employee. All associated expenses are the employer’s responsibility.

3) Can the employer charge the employee for PPE?

The employer is legally prohibited from obligating the employee to bear the cost of PPE. The employer is obligated to provide the employee with PPE appropriate to the working conditions and job description,  to the employee free of charge.

4) Is the employer required to investigate and record all workplace accidents?

The employer shall establish, investigate, and record any workplace accidents or poisonings in accordance with the procedures established by the Government, and shall establish and operate a non-permanent commission responsible for issuing reports and conclusions to determine the causes of accidents or poisonings.

5) Can the employer skip the evacuation plan if they believe the likelihood of an emergency is low?

The employer is obligated to implement effective and systematic measures to protect employee health and safety and prevent all workplace accidents. Therefore, the employer must not bypass the implementation of an evacuation plan even if an emergency is low.

6) Can the employer replace mandatory medical examinations with a verbal health inquiry?

The employer must include the employee in pre-employment and periodic health examinations in accordance with  established procedures established by the Ministry of Health; this requirement cannot be substituted by a verbal health inquiry.

7) Is the employer required to notify the labor inspectorate about serious and fatal accidents?

The employer is prohibited by law from concealing or suppressing information regarding all workplace accidents. The employer is required to report such information to the relevant statistical authorities in accordance with the established procedures established by the Government.

8) Can an employee refuse to perform dangerous work without risk of penalty?

If the employee encounters a violation of occupational safety regulations or if conditions arise that pose a risk to their life or health during the performance of duties, the employee has the right to refuse to perform. The employee must notify the employer of such conditions.

Authors: Bolormaa Volodya, Khulan Ganbold