Coordination of work in accordance with the requirements of occupational health and safety on the construction site.

On May 4, 2020, the President of Kazakhstan signed the Law Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Labor Issues".

In order to ensure the requirements of safe working practices, Article 184 of the Labor Code of the Republic of Kazakhstan (hereinafter - the Code) was amended by Paragraph 6 as follows, when carrying out works on the construction site with several organizations (two or more), the overall coordination of works under the observance of their safety requirements and labor protection in accordance with the Code and other regulatory legal acts of the Republic of Kazakhstan are provided by the General Contractor. It should be noted that this norm is also provided for in Article 8 of the ILO Convention No. 167 On Health and Safety in Construction.

We believe that the innovation will help to coordinate the work of labor protection services, especially in terms of preventing accidents at work and improve monitoring of safety and labor protection on the construction site.

To solve these tasks, when performing works on the territory of the construction site and work sites with the involvement of contractors (including citizens engaged in self-employment), the General Contractor should:

1. Keep a single record of introductory training on safety and labor protection, including contractors and subcontracting organizations;
2. in order to formalize and digitalize labor relations, monitor the accounting and registration of labor contracts in the Unified System of accounting of labor contracts in contracting and subcontracting organizations;
3. to not to allow the conclusion of a civil law contract with individuals, if there is at least one of the distinctive features of a labor contract, in accordance with Article 27 of the Labor Code of the Republic of Kazakhstan;
4. require contracting and subcontracting organizations to enter into an insurance contract with an insurance company to insure an employee against accidents in the performance of their employment (official) duties;
5. in General Contracting organizations of the construction complex and housing and utilities sectors, together with contractors and subcontracting organizations, in accordance with Article 203 of the Labor code of the Republic of Kazakhstan, to create a Unified Industrial Council for safety and labor protection;
6. develop together with the involved contractors a plan of measures to ensure safe working conditions that are mandatory for all organizations and individuals involved in construction;
7. coordinate the actions of subcontractors in the implementation of safety and labor protection measures in assigned to them work areas;
8. when entering into contract agreements, provide for mutual responsibility of the parties for the implementation of measures to ensure safe working conditions on the territory of the construction site and work areas.

In addition, when investigating an accident related to work, the General contractor, through a representative, participates in the work of the Commission, provides unhindered access and provides extracts from the registration logs of instructions and protocols for checking knowledge on safety and labor protection and other documents directly related to the overall coordination of compliance with labor protection requirements on the construction site.