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

Safety and Health in Mines Convention, 1995 (No. 176) - Ukraine (Ratification: 2011)

Legislation. The Committee notes the adoption in 2013 of Regulation NPAOP 10.0-5.45-13 on “Instructions on preventing and localizing coal dust explosions” and Regulation NPAOP 0.00-1.66-13 on “Security regulations for handling explosive materials for industrial applications”.

Article 3 of the Convention. Policy on safety and health in mines. Further to its previous comment, the Committee notes from the Government’s report that under the National Social Programme on the improvement of Occupational Safety, Health and the Working Environment for 2014–18, a number of specific targets and implementing measures have been set for the mining sector, namely harmonizing national provisions with international and EU law requirements; improving working and health conditions; and preventing risks of work-related injuries and occupational diseases and accidents through the elaboration of recommendations and support to scientific and technical research in various fields. The Committee also notes the Government’s indication that regulations on occupational safety and health (OSH) are reviewed no less than once every ten years by the State Service for Mining Supervision (SSMS) with the participation of workers’ and employers’ organizations and the Social Accident Insurance Fund (SAIF). The Committee requests the Government to indicate the outcome of the consultations held with the most representative organizations of employers and workers, and to provide information on any concrete measures taken to implement the National Social Programme, and the results thereof.

Article 5(2)(f). Rights of workers and their representatives to be consulted and to participate as regards OSH matters. In reply to the Committee’s previous comment in which it noted the lack of information on the effect given to Article 5(2)(f) of the Convention, the Government indicates that Resolution No. 1232 of the Cabinet of Ministers of Ukraine of 30 November 2011 establishes procedures for the participation of workers in investigating accidents. The Committee recalls that Article 5(2)(f) has a broader scope as it requires the establishment of effective procedures to ensure the implementation of the rights of workers and their representatives to be consulted on matters and to participate in measures relating to safety and health at the workplace. The Committee requests the Government to indicate the legal provisions or other measures which ensure that workers and their representatives have a right to be consulted on matters and to participate in measures relating to safety and health.

Article 6. Employers’ obligations to eliminate or minimize risks. Further to its previous comment, the Committee notes the Government’s indication that under section IV of the Safety Regulations in Coal Mines (No. 398/17693 of 17 June 2010), each workplace shall have technological project documentation which contains the set of technical and health and safety measures relating to the protection of workers’ health by preventing or limiting the adverse effects of hazardous and harmful production factors, thereby decreasing the risk of developing occupational and work-related diseases. However, it notes that the report does not contain information as to the order of priority in which employers shall assess and address occupational risks. The Committee requests the Government to indicate the measures taken to ensure that in developing preventive and protective measures, employers assess and address risks in accordance with the order of priority prescribed by this Article of the Convention.

Article 10(c) and (d). Investigation and report on accidents and dangerous occurrences. Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. Further to its previous comment, the Committee notes from the Government’s report that under section IV of the Safety Regulations in Coal Mines, the director of the mine shall keep a record of all persons entering and exiting the mine and that pursuant to section 22 of the Labour Protection Act and Resolution No. 1232, a procedure has been established to register and investigate accidents and emergencies. The Government also indicates that under section IV of the Safety Regulations and section 44 of the Labour Protection Act, the owner of the mine assumes primary responsibility for the safety of operations, when two or more employers undertake activities at the same mine. The Committee requests the Government to supply a copy of the Safety Regulations in Coal Mines.

[The Government is asked to reply in detail to the present comments in 2016.]