OCCUPATIONAL RISKS IN LABOUR LAW: KAZAKHSTAN’S LEGAL PRACTICE AND PROSPECTS FOR DEVELOPMENT Abstract

The purpose of the article is to consider production risks as an independent and significant object of legal regulation in the context of the current legislation of the Republic of Kazakhstan. The topic is relevant due to the need for a legal transformation in approaches to ensuring safe working conditions, especially at high-risk enterprises where traditional safety measures often prove inadequate. Understanding occupational risks requires more than technical or organizational analysis—it demands a comprehensive legal perspective, including clear regulatory criteria, standardized assessment procedures, effective risk management systems, and mechanisms of legal accountability.

The article presents a critical review of current laws and regulations governing occupational risk management, identifying legal gaps, inconsistencies, and institutional obstacles that hinder the effective implementation of risk- based approaches. It is found that the lack of a unified certification methodology, fragmented legal norms, and poorly defined oversight functions weaken the legal impact and limit preventive measures.

The author argues for a unified and sustainable legal framework for regulating occupational risks, grounded in the principles of prevention, legal clarity, non-discrimination, fairness, and proportionality. Legislative improvements are proposed, including the adoption of a dedicated legal act on risk-based labor protection, enhancement of state supervision, modernization of inspection procedures, and clearer employer liability. Emphasis is also placed on strengthening labor inspectorates, improving legal literacy, and fostering collaboration between the state, employers, and workers to better prevent occupational risks and uphold labor rights.

1. Bureau of National Statistics of the Agency for Strategic Planning and Reforms of the Republic of Kazakhstan. Available at: - URL: https://stat.gov.kz/ru [in English] (accessed: 05. 2024).

2. Labour Code of the Republic of Kazakhstan dated November 23, 2015. Available at: - URL:https://adilet.zan.kz/rus/docs/K1500000414 [in English] (accessed: 05. 2024).

3. Government Decree of the Republic of Kazakhstan No. 1930 dated December 19, 1999 “On approval of List No. 1 of industries, works, professions, positions and indicators in underground and open-pit mining operations, in operations with particularly harmful and particularly difficult working conditions and List No. 2 of industries, works, professions, positions and indicators in operations with harmful and difficult working conditions”. Available at: - URL:https://adilet.zan.kz/rus/docs/P990001930_ [in English] (accessed: 05.2024).

4. Order of the Minister of Health and Social Development of 28 December 2015 No. 1057 « Rules for mandatory periodic certification of production facilities for working conditions». Available at: - URL:https://adilet.zan.kz/rus/docs/V1500012743 [in English] (accessed: 05.2024).

5. Order of the Minister of Health and Social Development of the Republic of Kazakhstan No. 1053 dated December 28, 2015 “Lists of professions entitled to reduced working hours and other benefits”. Available at: - URL:https://adilet.zan.kz/rus/docs/V1500012731 [in English] (accessed: 01. 2025).

6. Orders of the Minister of Health and Social Development of the Republic of Kazakhstan No. 1054 and No. 1056 dated December 28, 2015 “On approval of the Rules for issuing to employees milk or equivalent food products and/or specialised dietary (therapeutic and preventive) nutrition, special clothing and other personal protective equipment, and providing them with means of collective protection, sanitary and household facilities and equipment at the employer’s expense”. Available at: - URL:https://adilet.zan.kz/rus/docs/V1500012675 [in English] (accessed: 01. 2025).

7. Government Resolution of the Republic of Kazakhstan No. 520 dated June 30, 2023 “Rules for the implementation of mandatory occupational pension contributions”. Available at: - URL:https://adilet.zan.kz/rus/docs/P2300000520 [in English] (accessed: 01.2025).

8. Order of the Minister of Health and Social Development of the Republic of Kazakhstan No. 1053 dated December 28, 2015 “On approval of the list of industries, shops, professions and positions, the list of heavy work, work with harmful and/or hazardous conditions, work entitling to reduced working hours, additional paid annual leave and increased wages, as well as the rules for their provision”. Available at: - URL:https://adilet.zan.kz/rus/docs/V1500012731 [in English] (accessed: 01.2025).

9. The Act of the Kingdom of the Netherlands “On Working Time” dated November 23, 1995. Available at: - URL:http://wetten.overheid.nl/jci1.3:c:BWBR0007671 [in English] (accessed: 01. 2025).

10. Act “On Working Conditions” of the Netherlands dated March 18, 1999. Available at: - URL:https://base.garant.ru/70214524/ [in English] (accessed: 05.2024).

11. Law on Financing of Social Insurance of the Netherlands dated December 16, 2004. Available at: - URL:http://wetten.overheid.nl/jci1.3:c:BWBR0017745 [in English] (accessed: 05.2024).

12. Law on Work and Income Depending on Capacity of the Netherlands dated November 10, 2005. Available at: - URL:http://wetten.overheid.nl/jci1.3:c:BWBR0019057 [in English] (accessed: 05.2024).

13. Labour Code of the Republic of Lithuania No. XII-2603 dated September 14, 2016. Available at: - URL:https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/bb10e743a97f11eb98ccba226c8a14d7?jfwid=kjtiqjlgg [in English] (accessed: 05.2024).

14. Law on State Social Insurance Pensions of the Republic of Lithuania No. I-549 dated July 18, 1994. Available at:-URL:https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.420452?jfwid=mmceok8cw [in English] (accessed: 05. 2024).

15. Resolution of the Government of the Republic of Lithuania No. 267 dated February 20, 1995 “On Approval of the Procedure for Calculation and Payment of Compensation for Special Working Conditions”. Available at: - URL:https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.59421?jfwid=3d5v1wt4t [in English] (accessed: 01. 2025).

16. Labour Code of the Republic of France. Available at: - URL:https://www.legifrance.gouv.fr/codes/texte_lc/LEGITEXT000006072050 [in English] (accessed: 01. 2025).

17. European System of National and Regional Accounts (ESA 2010). Available at: - URL:https://ec.europa.eu/eurostat/statistics-explained/index.php?title=European_system_of_ [in English] (accessed:01.2025).

18. Fair Labor Standards Act (FLSA). Available at: URL:https://www.dol.gov/agencies/whd/flsa#:~:text=The%20Fair%20Labor%20Standards%20Act%20(FLSA)%20 establishes%20minimum%20wage%2C,%2C%20State%2C%20and%20local%20governments [in English] (accessed: 01.2025).

19. Canons of Ethical Conduct in Occupational Health. International Labour Organization Encyclopaedia. Available at: - URL:https://www.iloencyclopaedia.org/part-iii-48230/ethical-issues/item/1228-canons-of-ethical- conduct [in English] (accessed: 01.2025).

20. Galiev S.J., Galiev D.A., Uteshev E.T., Tekenova A.T. (2019). On the progress of digitalisation of the mining and metallurgical complex of Kazakhstan. In: Proceedings of the Institute of Mining named after D.A. Kunaev, edited by Prof. N.S. Butkukov. Vol. 89. Almaty. 251 p.

21. Edilbaeva L.I., Muzgina V.S., Mustapaev A.K. (2019). Application of digital technologies to improve the safety of mining operations. In: Proceedings of the Institute of Mining named after D.A. Kunaev, edited by Prof. N.S. Butkukov.Vol. 89. Almaty. 116 p.