Occupational safety International framework and country guides
Is a safety committee or a worker safety representative required in Azerbaijan?
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).
| Body | Legal basis | Role |
|---|---|---|
| OSH representative of the workforce | Labour Code Art. 236 | Checks conditions, demands corrections, at least 2 paid hours a week |
| Trade union organisation | Labour Code Art. 237 | Control of OSH, participation in accident and acceptance commissions, objections to OSH rules |
| Trade union labour inspectorate | Labour Code Art. 237.5 | Union-run inspection of OSH compliance |
| OSH commission | Collective agreement; mentioned in the 1999 OSH service recommendations | Joint discussion of OSH measures where agreed |
| Accident investigation commission | Decision No. 27 of 2000 | Includes employer and trade union representatives |
| Knowledge-check commission | 1999 model training regulation | Normally includes a trade union representative |
| Workplace attestation commission | Decision No. 38 of 2000 | Includes 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
- Occupational safety and health in Azerbaijan: law, authorities and employer duties
- OSH law compared: who must appoint whom, committees and reporting
- OSH committees and worker representatives in Türkiye
Standards and further reading
- Labour Code of the Republic of Azerbaijan, Arts. 215, 219, 222, 236 and 237: https://e-qanun.az/framework/46943
- Recommendations on organising the OSH service, collegium decision No. 6-2 of 16 February 1999: https://e-qanun.az/framework/11166
- Model Regulation on OSH training and testing of knowledge (1999): https://e-qanun.az/framework/10514
- Cabinet of Ministers Decision No. 27 of 28 February 2000, accident investigation rules: https://e-qanun.az/framework/232
- Cabinet of Ministers Decision No. 38 of 6 March 2000, rules on attestation of workplaces: https://e-qanun.az/framework/873
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.
More questions on this topic
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Part of: Occupational safety and health in Azerbaijan: law, authorities and employer duties