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Question and answerEXC-OQA-0465

What are the penalties for breaking occupational safety rules in Turkmenistan?

excodex editorial teamTurkmenistan

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

Short answer

Breaches bring disciplinary, material, administrative and criminal liability (Labour Code Art. 203). Türkmenstandartlary can fine, suspend work and refer cases to the prosecutor; administrative fines (Code of Administrative Offences Art. 180, 305) are multiples of the base value.

Breaking labour protection rules in Turkmenistan can lead to disciplinary, material (financial), administrative and criminal liability for officials and workers (Labour Code Article 203). The OSH authority Türkmenstandartlary can impose fines, issue binding orders, suspend or prohibit operations and send cases to the prosecutor; administrative fines are set in the Code of Administrative Offences as multiples of the state base value.

Short answer

  • Types of liability: disciplinary, material, administrative and criminal (Article 203).
  • Inspectors' powers: binding orders, suspension or prohibition of enterprises, workshops, workplaces and equipment, fines on managers, officials and workers, proposals to remove officials, referral to the prosecutor (Article 182(3)).
  • Administrative fines: Code of Administrative Offences approved by Law No. 422-IV of 29 August 2013 (in force 1 January 2014): Article 305 (breach of labour protection legislation), Article 180 (breach of safe work rules) and Article 304 (labour law breaches, including attestation of workplaces); fines are multiples of the base value set by the Cabinet of Ministers.
  • Compensation: the employer compensates damage to the health of an injured worker; the accident act and the authority's findings are evidence of the employer's fault (Articles 155, 211 and 212).
  • Product and design liability: designers repay the cost of correcting non-compliant projects (Article 204); profit from selling non-compliant industrial products is confiscated (Article 205).
  • Hazardous facilities: liability under the Industrial Safety Law (Articles 19 and 20); its inspectors issue orders, draw up administrative offence reports, can order workers out of danger and pass files for criminal proceedings (Article 17(14)).
  • Not verified: amendments to the fine ranges since 2013, the current base value and the Criminal Code articles; confirm locally.

The enforcement ladder

StepWhoEffect
Order (предписание) to remove violationsTürkmenstandartlary, labour inspection bodyBinding; must be carried out (Article 178(18))
Union order or demandTrade union technical labour inspectorEmployer must consider it and report back within one week (Article 406(2))
Suspension or prohibition of workTürkmenstandartlaryWorkplace, equipment, workshop or whole enterprise stopped; workers keep average pay if not at fault (Article 174(4))
Administrative fineTürkmenstandartlary (Articles 180, 304, 305) and labour authorities (Articles 304 to 307) under the Code of Administrative Offences, Articles 479 and 481Fine on the worker, official or legal entity
Proposal to remove an officialTürkmenstandartlaryRequest to the employer or superior body
Referral to the prosecutorTürkmenstandartlary (Article 182(3)); unions can demand that guilty officials are held liable (Article 406(5))Possible criminal proceedings under the Criminal Code
Civil compensationCourts, employerLost earnings and rehabilitation or death-related costs for the victim or family

How fines are set

The Code of Administrative Offences sets fines as a number of base values (базовая величина), a reference amount fixed by the Cabinet of Ministers; no fine may be below 0.02 of the base value (Article 44). The money amount therefore changes when the base value changes, even if the article does not. The ranges below are from the Code as adopted in 2013 (WIPO Lex copy):

Article (2013 text)OffenceFine, in base values
305(1)Employer's breach of labour protection duties, including medical examinations, PPE and compensation for injuryIndividuals up to 5, officials up to 10, legal entities up to 15
305(2)Giving labour protection staff duties unrelated to their serviceOfficials up to 5
180Breach of rules and instructions on safe conduct of work in industry, construction, agriculture and other sectors1 to 5
304(1)Breach of labour law, including the rules on attestation of workplacesIndividuals 2 to 5, officials 5 to 10, legal entities 10 to 20, or suspension of a legal entity's activity for up to three months

Cases under Articles 180, 305 and the attestation part of 304 are decided by the chairman of Türkmenstandartlary, its state inspectors and the heads of its velayat services (Article 481). Ask the authority or local counsel for the current article text and the base value in force on the date of the offence.

Employees can also face discipline under the Labour Code for breaching the internal labour regulations and safety instructions, and workers' duties are listed in Article 192. On the other hand, a worker who refuses dangerous work because of a breach of labour protection requirements cannot be disciplined for it (Article 174(8)).

Liability for accidents

When a worker is injured, the employer pays compensation for lost earnings and additional medical, social and vocational rehabilitation costs, or death-related costs (Article 155). An injury is treated as caused by the employer's fault if the employer did not ensure healthy and safe conditions, for example by failing to observe labour protection rules (Article 212). Evidence includes the accident act, court decisions, conclusions of the state supervisory bodies and decisions to impose administrative or disciplinary penalties on officials. Concealing accidents is specifically mentioned: trade unions may demand that officials guilty of hiding accidents are held liable (Article 406(5)).

Example: An inspector finds an unguarded press and untrained operators. The likely outcome is an order with deadlines, immediate prohibition of the press until it is guarded, and a fine on the responsible manager. If an operator had already been injured, the inspector's conclusion and the accident act would also support the worker's compensation claim against the employer.

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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 Turkmenistan: law, authorities and employer duties

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