Occupational Health and Safety Regulations in Turkmenistan

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

Yes, it is obligatory. Labour protection committees are established at enterprises at the initiative of the employer, as well as at the initiative of employees or trade union and (or) other representative body of employees. The committee on labour protection organizes joint actions of the employer and employees to ensure labour protection requirements, prevention of occupational injuries and occupational diseases, as well as organizes inspections of labour conditions and labour protection at workplaces and informing employees about the results of these inspections, collection of proposals for the section of the collective agreement on labour protection.

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

Yes, it is obligatory. According to the labour legislation of Turkmenistan, in jobs with harmful and/or dangerous (especially harmful and/or especially dangerous) working conditions, as well as in jobs performed in special temperature conditions or related to pollution, employees are issued certified personal protective equipment (PPE), detergents and disinfectants or decontaminants. In addition, the Employer is obliged to purchase and issue, at its own expense, special clothing, special footwear and other personal protective equipment, washing and neutralising or decontaminating agents in accordance with the established norms for employees engaged in work with harmful and (or) hazardous (especially harmful and (or) especially hazardous) working conditions, as well as in work associated with pollution or performed in special temperature conditions.

3) Can the employer charge the employee for PPE?

No, they may not. Acquisition, storage, washing, cleaning, repair, disinfection and decontamination of employees' PPE is carried out at the expense of the employer. It is not allowed to give employees instead of special clothing and special footwear cash sums for their purchase, as well as materials for their manufacture. In exceptional cases, when special clothing and special footwear are not issued in due time and as a result they are purchased by the employees themselves, the employer is obliged to reimburse them for the costs of purchasing such clothing and footwear.

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

Yes, the Employer is obliged to:

1. investigate and record industrial accidents in a timely manner;

2. issue an accident report to the injured person and, in case of his death, to the family (family members) or legal representative of the deceased not later than three days from the date of the investigation.

All accidents occurring both at the workplace and outside the workplace, including accidents with employees who have labour relations on permanent, temporary, seasonal work, are temporarily absent from their main workplace, are on business trips, work on a part-time basis or receive remuneration under a contract, are subject to investigation.

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

In practice, an evacuation plan is developed by the owner of buildings (structures, premises, etc.), and the employer is not always the owner of buildings (structures, premises, etc.). The evacuation plan is approved by the State Fire Safety Service. According to the legislation on fire safety, all enterprises, institutions and organisations are obliged to develop and implement measures to ensure fire safety.

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

No. Employees are not allowed to perform their labour duties without undergoing compulsory medical examinations (examinations) for professions, the list of which is established by law, or in case of medical contraindications.

Employers are obliged to organise, at their own expense, compulsory preliminary (upon entry into employment) and periodic (during employment) medical examinations (check-ups) of workers and extraordinary medical examinations (check-ups) of workers at their request in accordance with a medical report, with retention of their place of work (position) and average wage for the duration of such medical examinations (check-ups).

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

The Employer is obliged to notify the relevant authorities of industrial accidents and incidents in a timely manner (within twenty-four hours).

The State Service ‘Turkmenstandartlary’ investigates accidents and incidents at work within the limits of its authority.

An employee must immediately report an industrial accident directly to the employer. The employer, in turn, is obliged to take the following actions:

A. provide first aid to the injured person and organise his/her urgent transport to a health care facility;

B. officially notify the relevant authorities.

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

Yes, they have the right to do so.

An employee has the right to refuse to perform work when there is a danger to life or health due to violation of labour protection requirements or when performing work with harmful and (or) dangerous working conditions not stipulated by the employment contract, without disciplinary liability.

In case of refusal from hazardous work, he/she is provided for a period of up to one month with another job corresponding to his/her qualifications or, with his/her consent, other work with payment not lower than the average wage; if necessary, the employer provides training in a new profession with retention of average earnings.

If it is impossible to provide other work, the idle time is paid in accordance with labour legislation.

The employee is obliged to immediately notify the employer of the threat to life or health, and the employer is obliged to eliminate the violation.

If the necessary measures are not taken, the employee has the right to refuse to perform work until the danger is eliminated, with the average wage being paid.

Author: Lachin Amandurdiyeva