Is a written risk assessment mandatory in Turkmenistan, and how often must it be reviewed?

Not in the EU sense. The Labour Code of Turkmenistan does not contain a general duty to make a written risk assessment; its equivalent is the attestation of workplaces by working conditions, which every employer must carry out at least once every five years and earlier when working conditions change (Article 320). Written risk analysis is explicitly required only for hazardous production facilities under the 2017 Industrial Safety Law.

Short answer

• General workplaces: attestation of workplaces (аттестация рабочих мест) against labour protection norms, by a commission of at least five people, at least every five years and whenever conditions or the nature of the work change (Labour Code Article 320; employer duty in Article 178(9)).
• Information duty: the employer must inform workers about working conditions and the risk of damage to health (Articles 177 and 178(12)), which in practice needs some documented assessment.
• Hazardous facilities, classes I and II: a safety management system that identifies, analyses and forecasts accident risks and is kept up to date (Industrial Safety Law Article 12).
• Hazardous facilities with hazardous substances above the legal quantities (classes I and II): an industrial safety declaration containing a comprehensive risk assessment, redone at least every ten years and on major changes (Article 15).
• New substances: before using a new harmful or hazardous substance, the employer must develop protective measures and agree them with the supervising bodies (Labour Code Article 198(5)).

How the attestation of workplaces works

Article 320 describes the attestation as a means of ensuring labour protection measures and assessing working conditions under the national regulations. The enterprise sets up an attestation commission of at least five people: specialists from the labour protection, work organisation and pay departments, chief specialists, heads of units and representatives of the trade union or other worker body. The attestation follows the model regulation on the procedure for attestation of workplaces by working conditions.

Its outputs are practical: workplaces are classed as meeting the norms or as harmful or hazardous, which drives the lists of jobs entitled to compensations such as a shorter working day, additional leave, preventive meals and milk (Articles 176 and 189). Two protections for workers are written into the article: the results may not be used for mass redundancies, and employment contracts may not be terminated on the basis of the attestation results. Breaking the attestation rules is an administrative offence under Article 304 of the Code of Administrative Offences (2013 text), which Türkmenstandartlary can also enforce.

How to apply it in practice

A written task-based risk assessment in the ISO 45001 or EU style is not prohibited and fits well alongside the attestation. A practical approach for a foreign employer:

1. Carry out the attestation of workplaces with the commission and keep its records; this is the legally recognised document.
2. Add task risk assessments for non-routine and high-risk work (hot work, confined spaces, work at height, lifting), because the attestation looks at workplaces and conditions, not at every task.
3. Use the results to write the labour protection instructions required by Article 178(20) and to brief workers.
4. Review after accidents, changes of equipment or process, new substances, and at least before each five-year attestation.

Common mistakes

• Treating the five years as a fixed cycle only. Article 320 ties the interval to changes in conditions; five years is the maximum.
• Relying on secondary summaries. Some practice guides describe risk assessment as a general Labour Code duty; we could not find that wording in the Code. Use the attestation as the legal base and add risk assessments as good practice.
• Using the attestation to cut jobs. The Code forbids mass redundancies and dismissals based on its results.

Related on excodex

• Occupational safety and health in Turkmenistan: law, authorities and employer duties
• Which rules apply to major-hazard chemical sites in Turkmenistan?
• What is the main OSH law in Turkmenistan and who enforces it?
• Workplace risk assessment: process, team, records and review

Standards and further reading

• Labour Code of Turkmenistan, Law No. 29-IV of 18 April 2009, Articles 177, 178, 198, 320 (FAOLEX consolidated Russian translation): https://faolex.fao.org/docs/pdf/tuk243144.pdf
• Law No. 495-V on Industrial Safety of Hazardous Production Facilities, 4 February 2017, Articles 12 and 15: https://faolex.fao.org/docs/pdf/tuk184581.pdf
• ISO 45001, Occupational health and safety management systems, requirements with guidance for use (hazard identification and risk assessment as good practice).

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.