Perhaps you hoped that occupational health and safety (OHS) requirements and standards in Kazakhstan and Russia were completely aligned? Broadly speaking, yes — but at the level of a safety specialist’s daily work, unfortunately, the nuances differ. If you’re expanding your business into either country, understanding the distinctions in organizational requirements — which aren’t always immediately obvious — is crucial. Kazakhstan’s regulatory database is available in Russian, and Russian serves as the second official language for documentation, which significantly simplifies studying this area.
It’s worth noting that the labor legislation of both countries is founded on international law principles and norms, with the Constitution and Labor Code serving as the regulatory framework for OHS management systems.
Now, let’s examine those critical nuances:
- Internal OHS Control Mechanisms. In the Russian Federation, employers with more than 50 employees must create a position for an OHS specialist. In the Republic of Kazakhstan, however, employers must establish a Safety and Occupational Health Service that reports directly to the head of the organization or their authorized representative. Emphasis must be placed on the word “service.” Even if only one person staffs this service, all local regulatory documents must formally reference it as a “service.” There have been cases where employers faced administrative liability simply for documenting an “OHS specialist” rather than a “service.” For this violation, organizations received official warnings.
- OHS Service Creation Requirements. In Russia, the number of OHS employees depends on company size, but the document specifying this ratio is merely recommendatory. In Kazakhstan, however, Order No. 349 of the Minister of Labor and Social Protection of the Population on this same matter is mandatory. Companies with 51-100 employees must have an OHS service with 1 specialist. Companies with 101-150 employees must have 1.5 OHS specialists. What does “1.5 specialists” mean? One full-time OHS specialist, plus a half — an employee who takes on OHS responsibilities in addition to their primary role. Again, this requirement is mandatory.
- Key Differences in OHS Management Procedures. Several procedures ensuring OHS management system functionality differ significantly between Russia and Kazakhstan. Special Assessment of Working Conditions (Russia) vs. Workplace Attestation (Kazakhstan). The key difference: Russia’s special assessment of working conditions applies to all companies, while Kazakhstan’s workplace attestation applies only to production facilities. According to Order No. 1057 of the Minister of Healthcare and Social Development of the Republic of Kazakhstan, production facilities include workshops, sections, and other separately located production units of organizations engaged in manufacturing, product development, extraction, and other types of production activities. Pay close attention to the phrase: “and other types of production activities.” The complexity arises from Kazakhstan’s Labor Code definition: “production activity” means the совокупность (totality) of employees’ actions using labor tools… including production and processing of various raw materials, provision of various services, and performance of work. This definition might suggest that all companies should undergo workplace attestation. In practice, this isn’t true — if your activity code doesn’t classify you as production-related, the likelihood of requiring attestation is minimal. However, LavoroSolutions recommends submitting an inquiry to the State Labor Inspectorate regarding your specific case to determine whether this procedure is necessary, thereby minimizing administrative liability risk.
- Professional Risk Assessment. The assessment algorithms in both countries are similar. The distinction lies in methodology: Kazakhstan has an approved professional risk assessment methodology (clause 2 of Order No. 363 of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan), and only this methodology is permitted. In Russia, the approach is flexible — organizations can choose their assessment methodology or even develop their own.
Conclusion
Overall approaches to building OHS systems in Kazakhstan and Russia are similar. However, if your company plans to operate in both countries, understanding legislative differences and nuances is essential for ensuring compliance with all OHS norms and procedures.
If you have questions about the intricacies of OHS systems in Russia and Kazakhstan, please contact us through the feedback form on our Contacts page.
Author: Svetlana Lazareva, Occupational Health and Safety Consultant, Safety Consulting LavoroSolutions
Image: Freepik
