Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Articles 2–4 of the Convention. Sale, hire, transfer in any other manner and exhibition of power-driven machinery. The Committee notes that the information provided in the latest reports submitted by the Government does not include the requested information regarding national legislation prescribing the responsibilities related to the sale, hire, transfer in any other manner and exhibition of power-driven machinery detailed in these Articles. The Committee reiterates its request to the Government to take all relevant measures to ensure that effect is given, in law and in practice to Articles 2–4 of the Convention.

Articles 6–14. Prohibition against the use of power-driven machinery with unguarded hazardous parts. The Committee notes that the information provided in the latest reports submitted by the Government includes, inter alia, information regarding numerous technical occupational safety and health standards and rules adopted in 2007–08 which, according to the Government, require that machinery is fitted with guards. Based on this information, the Committee concludes that effect appears to be given to Articles 6 and 8 of the Convention and that use has not been made of Article 9, but that further information is required as regards the effect given to the remaining Articles in Part III of the Convention. The Committee requests the Government to provide further information regarding specific legislative provisions which give effect to Articles 7 and 10–14 of the Convention.

Part V of the report form. Application in practice. With reference to its previous comments, the Committee notes that the Government’s two latest reports do not include any response to the observations made by the Federation of Trade Unions in Ukraine in 2002 regarding the application in practice of the Convention. The Committee therefore requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention.

[The Government is asked to reply in detail to the present comments in 2010.]