Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Articles 5(1) and 16 of the Convention. Supervision of safety and health in mines, corrective measures and enforcement. The Committee notes that the State Labour Service (SLS) was created in 2014 and has assumed the functions of the former State Service of Mining Supervision. In this respect, the Committee refers its comments made this year under the Labour Inspection Convention, 1947 (No. 81), and the Inspection (Agriculture) Convention, 1969 (No. 129), concerning several restrictions on the powers of labour inspectors. The Committee notes that during the discussions in the Conference Committee on the Application of Standards on the application of Conventions Nos 81 and 129 by Ukraine in 2017 and 2018, some speakers indicated that the moratorium on labour inspection had particularly affected workers in mines, and that although inspections in mines had increased following a serious mining incident in March 2017 in western Ukraine (in which eight mining workers died and more than 20 were seriously injured), no information was available on the measures taken as a result of the great number of violations of safety and health standards in mines. The Committee also notes the information of 2016 contained in the observations made by the Confederation of Free Trade Unions of Ukraine (KVPU) on the application of the Protection of Wages Convention, 1949 (No. 95) received 31 August 2018, that the level of injuries at coal mining workplaces had increased by 40 per cent and the rate of fatal injuries had risen by 2.5 per cent. The Committee notes from the information provided by the Government to the ILO that in 2017, mining accounted for 18.9 per cent of the country’s work-related accidents, with 936 people were injured and 33 killed. Referring to its comment under Conventions Nos 81 and 129, the Committee requests the Government to provide information on the number of inspections undertaken in mines, the number of non-compliance issues detected and the issues to which they relate, as well as the remedial measures ordered and penalties imposed.

Articles 5(2)(c) and (d), 7 and 10(d). Procedures for investigating fatal and serious accidents and the compilation and publication of statistics. Appropriate remedial measures and measures taken to prevent future accidents by employers as a result of investigations. In its previous comment, the Committee noted that, in 2012, 3,654 workers were injured in mining accidents resulting in 125 deaths, and that 78.5 per cent of these accidents were due to organizational factors, 11.7 per cent to technical reasons and 9.8 per cent to psychological and other reasons. The Committee notes from the statistics on mining accidents provided by the Government in response to the Committee’s previous request that in 2014, in coal mines there were 2,034 occupational accidents with 99 fatalities, and in metal and non-metal mines, 220 work accidents, with 12 fatalities. The Committee also notes the information provided by the Government, in response to the Committee’s previous request concerning the procedure for the investigation of accidents, about the procedure for investigating and reporting accidents, occupational diseases and industrial incidents in the workplace, approved by Decision No. 1232 of the Cabinet of Ministers of 2011, which includes the obligation of employers to investigate accidents, analyse their causes and take measures to prevent future accidents. The Government also indicates that the State Labour Service undertakes a special investigation in the event of a fatal or serious accident, a group accident (an accident involving two or more people simultaneously), the disappearance of a worker while carrying out his or her duties, or the death of a worker in the workplace. However, the Committee notes that the Government has not provided the requested information on the measures taken to address the causes of accidents and the results of these measures. Since such information has not been provided, the Committee once again requests the Government to provide: (i) detailed information on the outcome of the procedures to investigate fatal and serious accidents, dangerous occurrences and disasters; (ii) information in relation to the various factors (organizational, technical and psychological) identified as causing these accidents; and (iii) information on the measures taken to address these causes and their results, including any corrective safety and health measures taken or contemplated. The Committee also requests the Government to continue to provide information on the incidence of occupational accidents, including fatal accidents, and also provide information on occupational diseases and dangerous occurrences.

The Committee is raising other matters in a request addressed directly to the Government.