Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Occupational Health Services Convention, 1985 (No. 161) - Ukraine (Ratification: 2010)

Article 2 of the Convention. Formulation, implementation and periodic review of a national policy on occupational health services. The Committee previously noted the Government’s indication that the dismantling, since 1990, of the traditional system for medical support for workers employed in enterprises with harmful and hazardous working conditions had led to high levels of occupational morbidity, related disabilities and frequent cases of sudden death.

The Committee notes the Government’s statement in its present report that the State Health and Epidemiology Service contributes to the formulation of the state policy on health and the epidemiological well-being of the population, and is responsible for the implementation of that policy. The Committee requests the Government to provide information on the manner in which the state policy on health and the epidemiological well-being of the population addresses the subject of occupational health services, and to provide information on the consultations undertaken with the most representative organizations of employers and workers in this regard.

Articles 3(1), 5 and 7. Organization and functions of the occupational health service. The Committee previously noted that occupational health services are provided by labour protection services established by the employer, in enterprises with 50 or more workers, as well as by appropriately trained persons in undertakings with less than 50 workers.

The Committee notes that, pursuant to section 15 of the Labour Protection Act, labour protection services must be in accordance with standard regulations approved by the central executive body. In this regard, the Government indicates that a national sectoral standard has been prepared on occupational health services in enterprises with high levels of occupational risk. This standard contains provisions on the organization of occupational health services, the tasks of these services, the organization and implementation of preventive medical examinations and regular examinations for workers, and on first aid stations and emergency care. The Government indicates that the standard is in the process of being approved. The Committee requests the Government to continue to provide information on the measures taken to ensure adequate and appropriate occupational health services in high-risk enterprises and to provide a copy of the abovementioned national sectoral standard, once approved. The Committee also requests the Government to provide information on measures taken to provide occupational health services, performing the functions outlined in Article 5(a)–(k) of the Convention, in non-high-risk enterprises, including any regulations adopted in this regard.

Article 4. Consultation of the most representative organizations of employers and workers on the measures taken to give effect to the Convention. The Committee notes the Government’s indication that consultations are held with the most representative employers’ and workers’ organizations when new normative acts on occupational medicine issues are being developed, and that the last document prepared with the participation of employer representatives was adopted in April 2014. The Committee requests the Government to provide information on the consultations undertaken with the most representative organizations of employers and workers on measures taken to give effect to the Convention, including on the standard on occupational health services in enterprises with high levels of occupational risk.

Article 8. Cooperation between the employers, the workers and their representatives. The Committee notes the Government’s statement that one of the tasks of the occupational health service is to carry out consultative work on organizing preventative measures in enterprises with the aim of safeguarding workers’ health, and that consultation services are provided to owners of enterprises and workers and their representatives. The Committee also notes the Government’s statement that each year, the administration and representatives of workers at enterprises jointly prepare a comprehensive dust elimination plan, and a plan to improve working conditions, along with hygiene and health improvement measures, which are agreed upon with the regional health epidemiology service. The Committee requests the Government to continue to provide information on cooperation between employers and workers and their representatives in the implementation of measures relating to occupational health services.

Article 9(2). Cooperation of the health services with other services in the enterprise. The Committee requests the Government to specify the composition of personnel within labour protection services established pursuant to section 15 of the Labour Protection Act.

Article 10. Full professional independence of health services personnel. The Committee notes that, pursuant to section 15 of the Labour Protection Act, the labour protection service established in the enterprise reports directly to the employer. The Committee requests the Government to provide information on the manner in which it ensures the full professional independence of the personnel providing occupational health services from employers and workers and their representatives.

Article 12. No loss of earnings for workers in the process of the surveillance of their health. The Committee notes that section 17 of the Labour Protection Act provides that employers must provide the funding for preliminary and periodic medical examinations for workers engaged in heavy, hazardous or dangerous work. Section 17 also provides that workers undergoing medical examinations must be paid their standard wage. The Committee requests the Government to provide information on any measures taken to ensure that, as far as possible, medical surveillance undertaken pursuant to section 17 of the Labour Protection Act takes place during working hours. The Committee also requests the Government to provide information on medical surveillance of workers’ health in relation to workers not engaged in heavy, hazardous or dangerous work.

Article 14. Information to be provided to the occupational health services of any factors which may affect workers’ health. The Committee requests the Government to indicate the measures taken or envisaged to ensure that occupational health services are informed of any factors in the working environment which may affect workers’ health.

Article 15. Informing occupational health services of ill health among workers and absence from work for health reasons. The Committee requests the Government to provide information on the measures taken to ensure that occupational health services are informed of occurrences of ill health among workers, and absence from work for health reasons.

Application in practice. The Committee requests the Government to provide information on the application of the Convention in practice, including the number of workers covered by occupational health services, and where available, an estimate of the number of workers without access to such occupational health services.