Occupational Health and Safety Regulations in Uzbekistan

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

The employer is obliged to conduct a workplace assessment of working conditions at jobs with harmful, hazardous, or other special conditions, where employees are entitled to benefits and compensations, have the right to retire under preferential conditions, or where persons with disabilities are employed.

Moreover, in accordance with the Labor Code of the Republic of Uzbekistan (hereinafter – the “Labor Code”), the employer is obliged to monitor the state of working conditions in the workplace, especially regarding harmful and hazardous occupational factors; and to timely inform employees about working conditions, including the presence of risks of occupational and other diseases, and the state of occupational safety at specific workplaces and across the enterprise. In turn, the employee has the right to receive information from the employer about working conditions, including the presence of risks of occupational and other diseases, the benefits and compensations to which they are entitled as a result, as well as information on individual and collective protective equipment.

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

Yes.

The employee has the right to be provided with personal protective equipment (PPE) at the employer’s expense, in accordance with the established standards and occupational safety requirements.

3) Can the employer charge the employee for PPE?

No.

According to the Labor Code and the Law of the Republic of Uzbekistan “On Occupational Safety” No. LRU-410 dated September 22, 2016 (hereinafter – the “Occupational Safety Law”), providing employees with personal protective equipment is the responsibility of the employer, and such equipment is supplied at the employer’s expense.

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

Yes.

In accordance with the Labor Code, the employer is required to investigate occupational accidents and occupational diseases, as well as maintain records of them. Moreover, under the Occupational Safety Law, occupational accidents, other health injuries, and occupational diseases affecting persons performing work (or providing services) under civil law contracts are also subject to mandatory investigation and recording in the prescribed manner.

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

No.

In accordance with the Labor Code, the employer is obliged to ensure the safety of employees and working conditions that comply with occupational safety standards, as well as to take measures to prevent emergency situations and to preserve the life and health of employees in the event of such situations. According to the Law of the Republic of Uzbekistan “On Fire Safety” No. LRU-226 dated September 30, 2009, ensuring fire safety in organizations is the responsibility of their managers and the persons authorized by them; assigning the responsibility for fire safety to authorized persons does not relieve the managers themselves of their liability.

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

No.

According to the Labor Code and the Occupational Safety Law, the employer is obliged to organize mandatory medical examinations   both – pre-employment (upon hiring) and periodic (during employment).

This obligation applies to certain categories of employees, including those working under harmful or hazardous conditions or performing tasks with increased responsibility for the safety of others.

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

Yes.

In accordance with the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan “On Approval of the Regulation on the Investigation and Accounting of Occupational Accidents and Other Health Injuries Related to the Performance of Work Duties” No. 286 dated June 6, 1997, the employer is obliged to prepare an Accident and Health Injury Report in the prescribed manner and submit it, together with the investigation materials, to the State Labor Inspectorate of the territorial labor authority, regardless of the severity of the injury sustained by the employee(s).

It should be noted that accidents resulting in moderate or severe injuries, as well as fatal accidents, are subject to special investigation in the prescribed manner.

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

Yes.

According to Article 358 of the Labor Code, an employee who immediately notifies the employer of circumstances arising during work that threaten their life or health has the right to refuse to perform the corresponding work until the hazardous circumstances are eliminated. During this period, the employee’s average wage is preserved.

If it is determined that no circumstances threatening the employee’s life or health actually existed, the employer has the right to initiate an internal investigation regarding the employee in the prescribed manner.

Author: Javokhir Urinov