Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Guarding of Machinery Convention, 1963 (No. 119) - Ukraine (Ratification: 1970)

The Committee notes the observations made by the Federation of Trade Unions of Ukraine concerning the application of this Convention, which was communicated to the Government by the Office on 26 September 2002. In its comments, the Federation of Trade Unions of Ukraine, while acknowledging that the requirements of the provisions of the Convention were contained in the workers’ protection laws and that they were generally respected, stated that unfortunately, due to the difficult financial situation, many enterprises in Ukraine currently use more than 800 machines, mechanisms and equipment which were not in conformity with the technical safety requirements mainly due to the absence of protective devices or features, which indeed constitute a potential danger to those working in these enterprises. The Committee would be grateful if the Government would indicate its views on the observation made by the Federation of Trade Unions of Ukraine.

The Committee recalls its previous comments in which it noted from the Government’s earlier report the adoption of certain regulations and texts of Ukrainian state standards relating to machinery as well as the elaboration of the Industrial Production Safety Bill which had been submitted for consideration to the Council of Ministers. It notes in particular that some provisions of the Workers’ Protection Act of 14 October 1992 give partial effect to Article 2, paragraphs 3 and 4, Article 7, Article 9, Article 10, paragraph 1, Article 11 and Article 15, paragraph 2, of the Convention. In order to permit the Committee to examine the conformity of the legislation and practice in Ukraine with the requirements of all provisions of the Convention, the Committee reiterates its previous request to the Government to provide copies of these texts, including a copy of the future law on industrial production safety, once it has been adopted.