Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the information in the Government’s brief report including reference to national regulations implementing a series of regulations of the United Nations Economic Commission for Europe related to wheeled vehicles, that all vehicles manufactured by domestic enterprises met with the requirements of the Convention and that Ukraine was taking steps to ensure that machinery was properly guarded. The Committee notes, however, that the Government’s report contains no reply to its previous comments, including, inter alia, a request for a reply to observations from the Federation of Trade Unions of Ukraine (FTUU). It must therefore repeat its previous observation, which read as follows:

1. The Committee notes the information contained in the Government’s report. It notes the adoption of Decree No. 209 of 27 September 2004, by the State Committee for Technical Regulation and Consumer Policy, and the implementation of Technical Regulations on Ensuring Conformity in the Safety of Machines and Mechanical Equipment No. 1339/9938 of 20 October 2004 by the Ministry of Justice. The Committee also notes the information that several other technical regulations and standards are in the process of being developed. The Committee requests the Government to provide with its next report copies of the legislation referred to above, as well as copies of any new legislation which may have been adopted and which is relevant for the application of the Convention.

2. Article 2, paragraphs 3 and 4, Articles 7 and 9, Article 10, paragraph 1, Article 11 and Article 15, paragraph 2, of the Convention. The Committee notes that the Government is currently developing technical regulations and standards, in accordance with Decree No. 123-r of 4 March 2004 by the Cabinet of Ministers of Ukraine, and the Action Plan for drawing up national standards harmonized with International and European standards, for ensuring conformity (certification) of industrial production for 2004-11, as well as the information that 96 EN and ISO standards of a total of 551 have been adopted as national standards. The Committee hopes that the adopted standards will give effect to Article 2, paragraphs 3 and 4, Articles 7 and 9, Article 10, paragraph 1, Article 11 and Article 15, paragraph 2, of the Convention. It requests the Government to provide with its next report copies of the most relevant standards and regulations for the application of the Convention.

3. Part VI of the report form. Observations from the Federation of Trade Unions of Ukraine (FTUU). The Committee refers to its previous observation where it requested the Government to send a reply on the observations made by the FTUU concerning the application of this Convention. The Committee notes that the Government’s report is silent on this question and recalls that in its observations the FTUU stated that the requirements of the provisions of the Convention were reflected in the workers’ protection laws and that they were generally respected but that, unfortunately, due to the difficult financial situation in the country, more than 800 machines, mechanisms and pieces of equipment currently used in certain enterprises were not in conformity with the technical safety requirements, mainly due to the absence of protective devices or features. Their use therefore constituted a potential danger to those working in these enterprises. The Committee would be grateful if the Government would respond to the observations by the FTUU.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to reply in detail to the present comments in 2008.]