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Question and answerEXC-OQA-0456

Is a safety committee or a worker safety representative required in Azerbaijan?

excodex editorial teamAzerbaijan

Part of: Occupational safety and health in Azerbaijan: law, authorities and employer duties

Short answer

There is no statutory joint safety committee. The Labour Code provides for OSH representatives authorised by the workforce, who get at least 2 paid hours a week, and for trade union control; collective agreements may set up OSH commissions.

Azerbaijani law does not require a joint safety committee of the EU or Turkish type. Instead, Article 236 of the Labour Code gives workers the right to have persons authorised by the workforce (müvəkkil) check OSH conditions, and the employer must give each such representative at least two hours of paid working time a week. Trade unions also have strong control rights, and collective agreements may create OSH commissions.

Short answer

  • Joint committee: not required by the Labour Code; we found no regulation that makes one compulsory.
  • OSH representative: persons authorised by the workforce (əmək kollektivinin müvəkkil etdiyi şəxslər) exercise public control over OSH (Art. 236.1).
  • Rights: inspect workplaces freely, demand removal of breaches and ask the employer to discipline those at fault (Art. 236.2).
  • Time off: at least 2 hours a week during working time with average pay (Art. 236.3).
  • Trade unions: take part in accident investigations, acceptance of new facilities, drafting of OSH rules, and may ask the inspectorate to stop dangerous work (Art. 237).

How worker participation works in practice

Worker participation in Azerbaijan is built around the collective agreement and the trade union. The employer must include OSH rules in the collective agreement and carry out the OSH measures it contains (Arts. 215 and 222). Workplace attestation is carried out with trade union participation, and training systems are organised with the unions (Arts. 219 and 222).

BodyLegal basisRole
OSH representative of the workforceLabour Code Art. 236Checks conditions, demands corrections, at least 2 paid hours a week
Trade union organisationLabour Code Art. 237Control of OSH, participation in accident and acceptance commissions, objections to OSH rules
Trade union labour inspectorateLabour Code Art. 237.5Union-run inspection of OSH compliance
OSH commissionCollective agreement; mentioned in the 1999 OSH service recommendationsJoint discussion of OSH measures where agreed
Accident investigation commissionDecision No. 27 of 2000Includes employer and trade union representatives
Knowledge-check commission1999 model training regulationNormally includes a trade union representative
Workplace attestation commissionDecision No. 38 of 2000Includes trade union representatives; the improvement plan is agreed with the OSH committee (commission) and the union

The 1999 recommendations on organising the OSH service say the service works together with OSH commissions and with the OSH representatives of the trade union or workforce, and the 2000 attestation rules have the improvement plan agreed with the general OSH committee (commission) and the trade unions. These texts assume that a committee may exist, but none of them makes one compulsory.

Comparison and practical advice

In Türkiye, Law No. 6331 (Art. 22) requires an OSH committee where there are 50 or more workers and continuous work lasting more than six months, and EU law (Directive 89/391/EEC, Art. 11) requires consultation with workers or their representatives on all questions of safety and health at work. An employer in Azerbaijan meets the law with representatives and trade union cooperation, but many international projects set up a joint committee voluntarily.

Example: A 300-worker manufacturing plant has a trade union and a collective agreement. The workforce authorises two OSH representatives, one per shift; the employer releases each for two paid hours a week and gives them access to all areas and to accident reports. The collective agreement also creates a quarterly OSH commission chaired by the plant manager with the OSH engineer, the two representatives and the union chair. Only the representatives' time off and rights are legal minimums; the commission is a contractual choice.

Common mistakes

  • Assuming a committee is illegal or useless because the law does not require it: it is a good way to meet the consultation duties in the collective agreement.
  • Not paying representatives for their OSH time: Art. 236.3 requires average pay for at least 2 hours a week.
  • Leaving the trade union out of accident investigations: it is a member of the commission.

Related on excodex

Standards and further reading

This article is general occupational safety and health information prepared by the excodex editorial team. It does not replace the applicable legislation, standards, manufacturers' instructions or the assessment of a competent OSH professional or occupational physician.

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Part of: Occupational safety and health in Azerbaijan: law, authorities and employer duties

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