Workplace Attestation (Working Conditions Assessment) in Uzbekistan

Which workplaces must be assessed

Mandatory attestation covers not all workplaces but only those listed in clause 6 of the Regulation. Other workplaces — ordinary offices, for example — are assessed at the discretion of the company's head.

The Labour Code separately requires the employer to carry out attestation at workplaces with harmful, hazardous and other conditions where employees receive benefits and compensation, have the right to early retirement or where persons with disabilities work (Article 359).

• workplaces with adverse, harmful and/or hazardous and other special conditions where employees are granted benefits and compensation;
• workplaces where persons with disabilities are employed;
• workplaces in the lists of production, work, occupations and positions giving the right to early (preferential) retirement;
• workplaces at hazardous production facilities.

Frequency and responsibility

The company sets the frequency itself, but no less than once every 5 years. The head of the company is responsible for timely attestation. Attestation materials are strict-reporting documents kept for 50 years; on reorganisation they pass to the successor, on liquidation to the state archive.

Besides scheduled attestation, unscheduled attestation is carried out: at the request of an employee, the trade union committee or another employee representative body, following a state working-conditions review, and on the order of labour authorities.

Who carries out attestation

Attestation is carried out by the employer together with an assessing organisation engaged under a civil law contract. The assessing organisation must be independent of the company, employ at least three staff holding an occupational safety specialist qualification certificate and have an accredited testing laboratory for measuring workplace factors. The company may request documentary proof that these requirements are met.

Inside the company, the head's decision sets up a standing attestation commission and approves the work schedule. The commission must include the chief engineer (if any), the heads and staff of the occupational safety service, and representatives of the trade union and the assessing organisation. In small businesses — the head and the assessing organisation's representatives, plus the safety service and trade union where they exist.

How attestation is carried out

• the occupational safety service prepares the list of workplaces to be assessed, identifying similar workplaces; the head approves it;
• a working-conditions card is completed for each workplace (one per group of similar workplaces) — the core document with actual conditions, guarantees and recommendations;
• compliance with hygiene standards (by instrumental measurement), injury risk and provision of personal protective equipment are assessed, and an overall assessment is made;
• for similar workplaces, 20% of them, but no fewer than two, are assessed;
• the assessing organisation prepares a report with cards, measurement records, summary sheets, an action plan and a positive opinion of the labour authorities;
• within ten calendar days the commission reviews the report, familiarises employees with the results against signature and prepares proposals for the collective agreement; within ten working days the head approves the report by a written decision.

Why the results matter

Attestation results are the basis for granting benefits and compensation to employees in heavy, harmful and hazardous conditions, for early-retirement entitlements, protective equipment and the plan to improve working conditions. For example, employees exposed to harmful and hazardous factors get reduced working time of no more than 36 hours a week — the list of such jobs and the exact duration are determined on the basis of attestation (Article 477 of the Labour Code).

Without attestation the company has no documentary basis either for granting benefits or for refusing them: an employer will struggle to win a dispute over harmful conditions or the link between an illness and the job. The results are also used to inform employees about risks and for statistical reporting.

What happens if attestation is not carried out

Persons who breach the Regulation are liable as provided by law. Violation of occupational safety law by an official leads to a fine under Article 49 of the Code of Administrative Responsibility — five to ten times the BCV, and for a repeat within a year of the penalty — ten to fifteen BCV. Oversight of attestation is exercised by the Ministry of Employment and Poverty Reduction; labour authorities may order an unscheduled attestation.

The head of the company is responsible for carrying out attestation; the attestation commission and, personally, the assessing organisation's specialists are responsible for the reliability of measurements and assessments.

Employer checklist

• identify whether you have workplaces covered by clause 6 of the Regulation (harmful conditions, early retirement, persons with disabilities, hazardous facilities);
• check the date of the last attestation — the interval must not exceed 5 years;
• choose an assessing organisation and check its certificates and laboratory accreditation;
• issue an order on the commission and the work schedule;
• after the report is approved, familiarise employees against signature and add benefits to the collective and employment contracts;
• keep the materials for 50 years.