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

Occupational Safety and Health Convention, 1981 (No. 155) - Ukraine (Ratification: 2012)

The Committee notes the Government’s first report.

Articles 4, 7 and 8. National policy on occupational safety and health. The Committee notes that section 4 of the Labour Protection Act indicates that the state’s policy on occupational safety and health is to create appropriate, safe and healthy working conditions and to prevent accidents and occupational diseases. Section 4 of the Act further outlines the general principles of this policy, particularly: a prioritization of the life and health of workers; the employer’s responsibility to create safe and healthy working conditions; the improvement of industrial safety by providing continuous technical monitoring of production, technology and products as well as providing assistance to enterprises in creating safe conditions; the handling of labour protection issues on the basis of relevant national, sectoral and regional programmes, taking into account other economic and social policy goals, scientific and technical achievements and the protection of the environment; social protection; the establishment of uniform occupational safety requirements for all enterprises and businesses; adaptation of work to the worker based on his health and psychological condition; the use of economical methods of safety management; awareness-raising and training of workers on safety matters; ensuring coordination of activities among public authorities, institutions and non-government organizations that deal with health and safety, as well as cooperation and consultation between employers and workers or their representatives; and improving occupational safety and health through international cooperation. The Committee also notes that, pursuant to section 34 of the Labour Protection Act, regulations on occupational safety are reviewed no less than once every ten years, in light of scientific and technical advances which can contribute to improvements in workers’ protection and in the working environment. The Government states that it is mandatory for bills on occupational safety and health to be agreed upon with the national workers’ and employers’ organizations. The Committee further notes the Government’s statement that, to implement the occupational safety and health policy, the National Social Programme on the Improvement of Occupational Safety and Health and the Working Environment 2014–18 was approved in 2013, which aims to comprehensively tackle occupational safety problems, create a modern healthy and safe working environment, minimize the risk of work-related injuries, cases of occupational disease and accidents in the workplace, and preserve and develop Ukraine’s labour potential. The Committee requests the Government to provide further information on the implementation and periodic review of the national policy, including information on the most recent periodic review thereof and the manner in which organizations of employers and workers were consulted and the outcomes of these consultations. In this regard, it also requests the Government to provide information on the results of any review of the national situation regarding occupational safety and health, including the identification of major problems and the methods for dealing with them.

Article 5(d). Communication and cooperation at the level of the undertaking and at all other appropriate levels. The Committee notes the Government’s indication that one of the principles of the national policy, outlined in section 4 of the Labour Protection Act is cooperation and consultation between employer and workers and their representatives and in order to put into practice decisions relating to workers’ protection at the local as well as the national level. The Committee requests the Government to provide specific information on the manner in which communication and cooperation at the level of the undertaking and all other appropriate levels is ensured in practice.

Article 5(e). Protection of workers and their representatives from disciplinary measures for actions properly taken in conformity with the policy. The Committee notes the information provided in the Government’s report related to workers who remove themselves from situations that may be hazardous to their life or health. However, the Committee notes that the Government’s report does not refer to any provisions which clearly establishes protection of workers, or their representatives, from disciplinary measures as a result of actions properly taken by them in conformity with the policy on occupational safety and health (OSH). The Committee therefore requests the Government to indicate the measures taken, in law and in practice, to ensure the protection of workers and their representatives from disciplinary action for actions properly taken in conformity with national policy.

Article 9(1). Labour inspection. The Committee notes that pursuant to the Statute of the State Service of Ukraine on Labour Issues, a new State Labour Service was established in 2014, which is responsible for, among others, the implementation of state policy in the field of industrial safety, labour protection and occupational health. Pursuant to section 4(13) of the Statute, the State Labour Service is responsible for supervision in the field of occupational health. Noting that the Government is availing itself of ILO assistance to reform the State Labour Service, the Committee requests the Government to provide information on the measures taken to strengthen its labour inspection system and to enforce the laws and regulations concerning OSH, as well as on the results obtained.

Article 9(2). Adequate penalties for violations. The Committee notes that pursuant to section 43 of the Labour Protection Act, legal and natural persons who violate occupational safety legislation and directives by officials of government bodies overseeing occupational safety can be ordered by the Government authorities overseeing occupational safety to pay a fine for an amount specified by law. The Committee requests the Government to provide information on the application of penalties with respect to violations for occupational safety and health, including information on the number and nature of penalties imposed, as well as the violations to which such penalties relate.

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that section 15 of the Law on Ensuring Sanitary and Epidemic Safety of the Population states that enterprises and institutions shall be required to comply with the requirements of the sanitary legislation in the course of development of new technologies, and that section 16 of the Law states that enterprises, institutions and organizations may bring products and equipment into the country only if there is available information on their safety and health. The Committee also notes the Government’s statement that the Compliance Confirmation Act (No. 2406-III of 17 May 2011) provides that a producer should: help to undertake all procedures to confirm the compliance of specific types of products; compensate customers for products which cause harm if the products are found not to conform to the requirements mentioned in the declaration and/or certificate or document of conformity; and, at the request of bodies so empowered under national law, to check product quality and safety. The Committee requests the Government to provide further information on the requirements in national legislation for those who manufacture, import, provide or transfer machinery, equipment or substances for occupational use with respect to ensuring that such machinery, equipment or substance does not entail dangers to safety and health (Article 12(a)). The Committee also requests the Government to provide detailed information, including references to specific legislative provisions, on the measures taken to ensure that those who design, manufacture, import, provide or transfer machinery or equipment for occupational use make available information on its correct installation and use (Article 12(b)).

Articles 13 and 19(f). Protection of workers who remove themselves from work situations presenting an imminent and serious danger. The Committee notes that pursuant to section 6 of the Labour Protection Act, a worker is entitled to refuse assigned work if the situation in the production process is dangerous to life or health or to other persons in the working environment. The worker shall immediately notify the supervisor or employer and the situation must be confirmed by workers’ protection experts of the employer with the participation of a trade union representative, on the understanding that in the event of a divergence of opinion an appeal shall be lodged. Section 6 of the Act further states that in the event of a work stoppage, where the worker is not at fault, the worker shall retain the right to his average wage. The Committee recalls that, pursuant to Articles 13 and 19(f) of the Convention, the right of a worker to remove themselves should not be conditional on a decision by a workers’ protection expert. Moreover, noting that a worker only retains the right to their wage where the worker is not at fault, the Committee recalls that Article 13 provides a right for a worker to remove themselves in any situation in which the worker has reasonable justification to believe presents an imminent and serious danger to his life or health. In addition, the Committee recalls that the protection contained in Article 13 relates to all undue consequences, not only to the payment of wages. Accordingly, the Committee requests the Government to take the necessary measures to ensure that full effect is given to Article 13 of the Convention, in ensuring that workers who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health shall be protected from undue consequences. It requests the Government to provide information on the measures taken in this regard, in its next report.

Article 15. Arrangements, made after consultations with representative employers’ and workers’ organizations, to ensure the necessary coordination between various authorities and bodies. The Committee notes that one of the principles of the national policy, outlined in section 4 of the Labour Protection Act, is the coordination of the activities of government authorities, institutions, organizations and civil society associations tackling issues of occupational safety and health. It notes the Government’s statement that, pursuant to section 32 of the Labour Protection Act, the Cabinet of Ministers directs and coordinates the activities of ministries and other central government authorities to bring about safe and healthy working conditions. The Committee further notes the statement in the National Occupational Safety and Health Profile of Ukraine, developed in 2012, that there was imperfection with respect to cooperation between various occupational safety and health state surveillance and control authorities and distribution of their authority. The Committee requests the Government to provide further information on existing and envisaged measures to ensure coordination between the bodies and authorities working on occupational safety and health issues.

Article 18. Specific provisions containing measures to deal with emergencies and accidents, including adequate first-aid arrangements. The Committee notes that section 18 of the Labour Protection Act provides that employees should receive training on safety, the provision of first aid to victims of accidents and rules in the event of an accident. It also notes that section 13 of the Labour Protection Act provides that an employer shall, in emergency situations or in the event of an accident, take the necessary measures to help the victims and call upon, if necessary, professional rescue teams. The Committee requests the Government to provide further information on the measures taken or envisaged to require employers, where necessary, to deal with emergencies and accidents, including to provide for adequate first-aid arrangements.

Application in practice. The Committee notes the information provided by the Government related to the investigation of occupational diseases and work-related injuries in the workplace by the State Health and Disease Control Service. The Government indicates that 23,095 workplaces were inspected by that service in 2013, and 3,755 managers were given administrative offences. The Committee notes the Government’s statement that 4,578 cases of occupational illness were recorded in 2011, 5,158 in 2012 and 5,486 in 2013. The Committee requests the Government to provide further information on the manner in which the Convention is applied in the country in practice, including to provide information on the number, nature and cause of the accidents and cases of occupational disease reported.