In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 119 (guarding of machinery), 120 (hygiene (commerce and offices)), 139 (occupational cancer), 155 (OSH), 161 (occupational health services), 174 (prevention of major industrial accidents), 176 (safety and health in mines), and 184 (safety and health in agriculture) together.

The Committee notes the observations of the Confederation of Free Trade Unions of Ukraine (KVPU) on the application of Conventions Nos 155, 174, 176 and 184, received in 2019.

Application in practice of Conventions Nos 119, 120, 139, 155, 161, 174, 176 and 184. The Committee notes the information provided in the Government’s report on Convention No. 155 and in the report of the SLS on the State of Labour Protection, published in March 2020, on the number of occupational accidents and cases of occupational diseases, including the slight decrease in the number of occupational accidents, from 4,126 in 2018 to 3,876 in 2019. The Committee also notes the measures identified in the report of the SLS to improve the situation on OSH, including inspection activities and other methods to provide guidance on OSH, such as consultations and seminars. The Committee requests the Government to indicate the impact of measures taken to reduce the number of occupational accidents and diseases in the country, in particular in sectors recording a higher incidence of occupational injuries. The Committee also requests the Government to continue to provide available information on the application in practice of ratified OSH Conventions, including the nature and cause of reported occupational accidents and reported cases of occupational disease and the number of occupational accidents and cases of occupational disease disaggregated by age, gender and sector.

A. General Provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 4, 7 and 8 of the Convention. National OSH policy. Legislative reforms. The Committee notes that, in response to its previous comments on the implementation and periodic review of the national policy, the Government’s report refers to various measures, including the adoption of Decree No. 989 of the Cabinet of Ministers of Ukraine of 12 December 2018 (Decree No. 989). According to the Government, this Decree approves: (i) the Framework for the reform of the labour protection management system in Ukraine (the Framework); and (ii) a plan of action for its implementation (the Plan of Action), which provides for legislative amendments, including a draft act on amendments to several legislative acts to introduce a risk-based approach to OSH. The Committee notes in this regard that the country is collaborating with the ILO on OSH, with one of the outcomes of the EU–ILO Project “Towards safe, healthy and declared work in Ukraine”, being to bring the legal framework on OSH closer to international labour standards. The Committee requests the Government to provide information on the progress made in the implementation of the reforms envisaged by the Framework and Plan of Action approved by Decree No. 989 and to indicate how the most representative organisations of employers and workers have been consulted in the context of these reforms, including the results of such consultations. In this respect, the Committee requests the Government to include information on the adoption of the draft act on amendments to several legislative acts to introduce a risk-based approach to OSH.

Articles 5(d), 19(b), (c) and (e), and 20. Communication and cooperation at the level of the undertaking and at all other appropriate levels. Following its previous comments, the Committee notes the Government’s reference to measures taken to ensure communication and co-operation at all appropriate levels, including the tripartite General Agreement on the regulation of basic principles and standards for implementing social and economic policies and employment relationships in Ukraine 2019–21 (Tripartite General Agreement 2019–21), which contains provisions on OSH. The Committee notes, however, that according to the observations of the KVPU, real mechanisms of cooperation are not reflected in regulatory acts on OSH and are not included in the OSH management systems in enterprises. The KVPU indicates that representatives of trade union organizations are sometimes not allowed into the enterprises where their members work. Under Convention No. 174, the KVPU also alleges that consultations at the enterprise level are not implemented in practice. The Committee requests the Government to indicate the measures taken to improve the situation relating to communication and cooperation at the level of the undertaking, and to ensure the effective application of Articles 5(d), 19(b), (c) and (e) and 20, in law and in practice.

Article 5(e). Protection of workers and their representatives from disciplinary measures. Following its previous comments concerning measures to apply this Article, the Committee notes the Government’s reference to the Tripartite General Agreement 2019–21, which recommends that sectoral, regional and collective agreements have mechanisms related to the implementation of workers’ right to refuse to perform assigned work in unsafe conditions. In the absence of further information and indicators specifying whether workers would be protected against disciplinary measures as a result of actions properly taken by them to secure their safety in conformity with the national OSH policy, the Committee requests the Government to provide further information on the measures taken to give effect to Article 5(e).

Article 9. Enforcement. The Committee previously requested the Government to provide information on measures taken to strengthen its labour inspection system and to enforce the laws and regulations concerning OSH. In the absence of information in this regard, and noting the observations of the KVPU relating to various difficulties in the application in practice of the ratified OSH Conventions, the Committee refers the Government to its comments adopted in 2020 concerning the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Further to its previous comments, the Committee notes that Act No. 124-VIII of 15 January 2015 on Technical Regulations and Conformity Assessments provides for the application by manufacturers and, in prescribed cases, by importers, distributors or other persons, of procedures to assess the conformity of products placed on the market with technical regulations (section 25(2)). The Committee notes that manufacturers of machines also have a duty to ensure compliance with safety and health requirements and to provide information under section 8 and the Annexes of the Technical Regulations on the Safety of Machines, approved by Decree No. 62 of 30 January 2013. In addition, section 9 of Act No. 2736-VI on the General Safety of Non-food Products provides for the duties of manufacturers and distributors to provide information on the risks posed by those products.

Articles 13 and 19(f). Protection of workers who remove themselves from work situations presenting an imminent and serious danger. Further to its previous comments, the Committee notes the Government’s indication that a draft act prepared in the context of the abovementioned OSH reforms provides that, when a worker who is faced with serious, immediate and unavoidable danger, leaves their workplace and/or the dangerous area, they shall not be liable for those actions. The Committee recalls that Article 13 provides protection to a worker that has removed themselves in any situation in which the worker has reasonable justification to believe presents an “imminent and serious danger” to their life or health, and does not require that such danger be “unavoidable”. In addition, under Article 19(f), until the employer has taken remedial action, if necessary, the employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health. The Committee requests the Government to take Articles 13 and 19(f) of the Convention into account in its ongoing legislative revisions on OSH, and to continue to provide information on the measures taken to give full effect to these Articles.

Article 15. Arrangements, made after consultations with social partners, to ensure the necessary coordination between various authorities and bodies. Further to its previous comments on coordination between bodies and authorities working on OSH, the Committee notes the Government’s reference to meetings of the boards of the central authority and responsible regional bodies; consultations on draft laws and regulations on OSH; and meetings, seminars and events to discuss and make decisions on OSH. The Committee requests the Government to continue to provide information on the application in practice of this Article to ensure that the necessary coordination between various authorities and bodies is effected.

Article 18. Measures to deal with emergencies and accidents, including adequate first-aid arrangements. The Committee previously noted section 18 of the Labour Protection Act, providing that employees should receive training on the provision of first aid to victims of accidents and rules in the event of an accident, and section 13 of the same Act providing for the obligation of employers to take the necessary measures in emergency situations or in the event of an accident. In the absence of additional information on this issue, the Committee once again requests the Government to provide information on the measures taken or envisaged, other than sections 13 and 18 of the Labour Protection Act, to require employers, where necessary, to deal with emergencies and accidents, including measures to provide for adequate first-aid arrangements.

Occupational Health Services Convention, 1985 (No. 161)

Articles 2 and 4 of the Convention. Formulation, implementation and periodic review of a national policy on occupational health services. Further to its request for information regarding a national policy on occupational health services, the Committee notes that the Government’s report refers to the preparation of a draft order of the Minister of Social Policy on the approval of draft Model Regulations on Labour Protection Services. The Government also indicates that the amendments to OSH legislation that are envisaged in the OSH reforms set out in Decree No. 989, mentioned under Convention No. 155 above, will facilitate the expansion of the functions of occupational health services. The Committee also notes that Presidential Decree No. 400/2011 of 6 April 2011 in relation to the Regulation of the State health and Epidemiological Services is no longer in force, following the adoption of Presidential Decree No. 419/2019. The Committee requests the Government to indicate how the legislative reforms envisaged by Decree No. 989 will cover the subject of occupational health services. In addition, the Committee requests the Government to indicate the current legislation governing state health and epidemiological services and to provide a copy of the order approving the new Model Regulations on Labour Protection Services, once adopted. Additionally, the Committee once again requests the Government to provide information on consultations undertaken with the most representative organizations of employers and workers on measures taken to give effect to the Convention, including in the context of the reforms.

Articles 3(1), 5 and 7(1). Organization and functions of the occupational health service. Application in practice. The Committee previously noted section 15 of the Labour Protection Act, providing for occupational health services in the form of labour protection services established by the employer. The Committee notes that the existing Model regulations on Labour Protection Services (NPAOP 0.00-4.35-04) provide for functions of labour protection services, giving effect to Article 5(a)–(e), (i) and (k) of the Convention. The Committee notes that those functions also give effect to Article 5(f) for certain workers, such as those engaged in some types of hazardous work, or work needing annual mandatory medical examinations of persons up to 21 years. The Committee requests the Government to provide further information on the application in practice of section 15 of the Labour Protection Act, such as the proportion of undertakings in the country organizing labour protection services in accordance with section 15. The Committee also requests the Government to indicate the measures taken to ensure that, as appropriate to the occupational risks of the undertaking, occupational health services have the functions in Article 5(g) (promoting the adaptation of work to the worker), (h) (contributing to measures of vocational rehabilitation), and (j) (organization of first aid). As regards Article 5(f), the Committee requests the Government to indicate any provisions prescribing that occupational health services undertake medical surveillance of workers’ health in relation to work in non-high-risk enterprises.

Article 8. Cooperation between the employers, the workers and their representatives. In the absence of additional information on this matter, the Committee once again requests the Government to indicate how cooperation is ensured between employers and workers and their representatives in the implementation of measures relating to occupational health services.

Article 9(1). Composition of personnel within labour protection services. In response to its previous request on the composition of personnel within labour protection services, the Committee notes the Government’s indication that the employer, taking into account the industry, the number of workers, working conditions and other factors, determines the structure of labour protection services, including the number of personnel and their main functions. The Committee requests the Government to provide further information on how it ensures that occupational health services are of a multidisciplinary nature, in accordance with Article 9(1).

Article 10. Full professional independence of health services personnel. In response to its previous request on ensuring the full professional independence of the personnel providing occupational health services, the Committee notes the Government’s statement that such professional independence may only be achieved following the completion of legislative reforms, including those mentioned under Convention No. 155 above, and the adoption of new draft Model Regulations on Labour Protection Services. The Committee requests the Government to take the necessary measures to ensure that, in the context of the legislative reforms envisaged, the personnel providing occupational health services shall enjoy full professional independence from employers, workers, and their representatives, where they exist. The Committee further requests the Government to indicate the legislation adopted in this regard.

Article 12. No loss of earnings for workers in the process of the surveillance of their health. The Committee previously noted section 17 of the Labour Protection Act, requiring employers to fund the preliminary and periodic medical examinations for workers engaged in heavy, hazardous or dangerous work and requiring that workers undergoing medical examinations be paid their standard wage. Regarding medical surveillance of workers not engaged in heavy, hazardous or dangerous work, the Committee notes the Government’s reference to Decree No. 559 of 23 May 2001 of the Cabinet of Ministers of Ukraine, establishing the list of professions, industries and organizations for which mandatory preventive medical examinations of workers are required, and the procedure for conducting these examinations, which specify that mandatory medical examinations are conducted at the expense of employers. The Committee once again requests the Government to provide information on measures taken to ensure that, as far as possible, medical surveillance takes place during working hours.

Article 14. Information provided to the occupational health services on any factors which may affect workers’ health. The Committee once again 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 once again 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.

B. Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Article 15 of the Convention. Application and supervision of the provisions of the Convention. The Committee notes that, according to the Government’s report, there has been a 4 per cent decrease in the number of production-related accidents and a 12 per cent increase in the number of fatal accidents between 2017 and 2018, with organizational reasons being the most recurrent cause of accidents recorded. The Committee also notes that, as regards measures to reduce the number of workplace accidents and fatalities caused by machinery, the Government refers to a list of legislation adopted since 2015, including Order No. 2072 of the Ministry of Social Policy of 28 December 2017 on Health and Safety Requirements for Workers Using Industrial Equipment. The Committee requests the Government to continue to provide information on measures taken to reduce the number of accidents and fatalities caused by machinery, as well as statistics on occupational accidents caused by machinery (disaggregated by age, gender and sector), and any detected violations on the application of this Convention.

Occupational Cancer Convention, 1974 (No. 139)

Articles 1(1) and 6(a) of the Convention. Periodic determination of carcinogenic substances and agents. Consultations. Following its previous comments on this issue, the Committee notes the Government’s reiteration, in its report, that the review of the list of carcinogenic substances, products, production processes and environmental factors, adopted pursuant to Order No. 7 of 2006 of the Ministry of Health, was initiated in 2012. Noting the absence of information on any progress made in this regard, the Committee requests the Government to take the necessary measures to ensure the periodic determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control, by completing the review of the abovementioned list. The Committee requests the Government to provide information on the progress achieved in this regard, including on consultations undertaken with the most representative organisations of employers and workers concerned.

Article 5. Medical examinations for workers during the period of employment and thereafter. The Committee previously noted that the Ministry of Health Order No. 246 of 2007 establishes the procedure for the medical examination of workers of specific categories but noted the Government’s statement that cancer hazards in the workplace are not fully covered by this Order, as it does not require early-stage diagnosis of precancerous or cancerous diseases of target organs. Noting an absence of information in reply to its previous request, the Committee once again requests the Government to indicate the measures taken to provide workers with such medical examinations, during the period of employment and thereafter, as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards.

Article 6(c). Inspections and application in practice. The Committee notes the statistics provided by the Government on the 585 cases of occupational cancer registered between 1992 and 2018. The Government indicates that the sectors which register the most cases of occupational cancer are the mining industry (74.2 per cent of all cases); and the processing industry (18.4 per cent of all cases), with the most frequent causes being exposure to carcinogenic agents such as mineral dust, asbestos, and aerosols. With reference to its comments on Convention No. 176 below, the Committee requests the Government to continue to provide information on the application of the Convention in practice, including information on inspections carried out, and the reported number and causes of cases of occupational cancer.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

The Committee notes the information provided in the Government’s report, in reply to its previous request concerning Articles 10, 11 and 12 (safety reports) of the Convention.

Article 4 of the Convention. National policy concerning the protection of workers, the public and the environment against the risk of major accidents. Following its previous comments on the national programme to protect the population from man-made and natural emergency situations for 2013–17, the Committee notes the Government’s indication regarding the key activities undertaken to implement that programme, including waste disposal, refurbishment of premises and installation of systems in facilities. The Committee notes that the KVPU nevertheless alleges that the nature and direction of the measures undertaken in the implementation of the state policy do not directly affect OSH. The Committee also notes the Government’s statement that, due to limited funding, the majority of the programme’s activities was not fully carried out, and that a Bill (No. 7221) proposed to extend the duration of the national programme to 2018–22. According to the website of the Ukrainian Parliament, this Bill appears to have been withdrawn. The Committee requests the Government to provide its comments on the observations of the KVPU. The Committee also requests the Government to provide information on the periodic review of the coherent national policy concerning protection against major industrial accidents under Article 4, including information on the consultations undertaken in this regard with the most representative organizations of employers and workers, and with other interested parties who may be affected.

Article 5. System for the identification of major hazard installations. Consultations. In the absence of information in this regard, the Committee once again requests the Government to indicate how it is ensured that consultations on the establishment of the system to identify major hazard installations have been held with the most representative organizations of employers and workers and other interested parties who may be affected.

Article 6. Special provision to protect confidential information transmitted or otherwise made available under Articles 8, 12, 13 or 14. The Committee previously recalled that the special provisions to protect confidential information in Article 6 relate specifically to information transmitted or made available to the competent authority in accordance with Articles 8 (notification requirements concerning existing and new major hazard installations), 12 (transmission of the safety report to the competent authority), 13 and 14 (accident reporting) of the Convention. As regards information under Articles 8 and 12, the Committee notes sections 11 and 20 of the Procedure for the Declaration of Safety of Major Hazard Installations, and section 18 of the Procedure for Identification and Recording of Major Hazard Installations, approved by Decision No. 956 of the Cabinet of Ministers of Ukraine of 11 July 2002. Those provisions require that data on high-risk installations which is considered to be state or commercial secrets, be submitted by business entities, in accordance with the relevant regulations. The Committee notes that a similar requirement to respect relevant regulations applies to the publication of information on major hazard installations by the SLS, under section 26 of the Procedure for Identification and Recording of Major Hazard Installations. The Committee requests the Government to indicate the specific regulations, including their relevant sections, that are referred to in sections 11 and 20 of the Procedure for the Declaration of Safety of Major Hazard Installations and sections 18 and 26 of the Procedure for Identification and Recording of Major Hazard Installations. The Committee further requests the Government to indicate the specific provisions ensuring the protection, in accordance with Article 6 of the Convention, of confidential information transmitted or made available to the competent authority in accordance with Articles 13 and 14 (accident reporting).

Article 9. Documented system of major hazard control, including technical and organizational preventive measures. The Committee previously requested the Government to indicate how it ensures that employers establish and maintain a documented system of major hazard control including provisions for technical measures (Article 9(b)); organizational measures (Article 9(c)); and consultation with workers and their representatives (Article 9(f)). As regards technical and organizational measures, the Committee notes section 5 of the Procedure for the Declaration of Safety of Major Hazard Installations, approved by Decision No. 956, which prescribes the content of safety declarations, but does not specify whether this content must cover all the elements listed under Article 9(b) and (c). On consultations, the Committee notes that the Government refers to section 23 of the Labour Protection Act, on the provision of information, which does not give effect to the specific requirements of Article 9(f) concerning consultations with workers and their representatives. The Committee requests the Government to indicate whether the requirements on the content of safety declarations, as prescribed by section 5 of the Procedure for the Declaration of Safety of Major Hazard Installations, approved by Decision No. 956, contain all the elements listed under Article 9(b) and (c). The Committee also requests once again the Government to indicate how it ensures that consultations with workers and their representatives are included in documented systems of major hazard control (Article 9(f)). Finally, the Committee requests the Government to indicate how effect is given to Article 9(g), on the improvement of the system of major hazard control.

Article 18(2). Right of representatives of employers and workers to accompany inspectors. The Committee notes that section 42 of the Labour Protection Act provides that OSH representatives have the right to participate and make appropriate proposals during inspections of enterprises. The Committee also notes the statement, in the observations of the KVPU, that Act No. 877-V of 2007 on Fundamental Principles of State Supervision and Monitoring of Economic Activity (Act No. 877-V) does not provide the opportunity for employee representatives to accompany inspectors on inspections. The Committee requests the Government to provide its comments in this respect and to provide information on the application of this Article in practice.

Article 20(c) and (f). Right of workers and their representatives to be consulted, to discuss any potential hazards with the employer and to notify the competent authority. The Committee notes the observations of the KVPU, alleging that the law does not prescribe direct rules for workers and their representatives to participate in consultations in the preparation of safety reports, emergency plans and related procedures, and accident reports. The Committee requests the Government to provide its comments in this respect, including any measures taken to remedy this situation. Once again, the Committee requests the Government to indicate: (i) how it is ensured that workers and their representatives have the opportunity to discuss with the employer any potential hazards they consider capable of generating a major accident, in workplaces with no OSH committee; and (ii) the procedures for collecting and submitting information on the safety of major hazard installations, established pursuant to section 15 of the Major Hazard Installation Act.

Article 22. Responsibility of exporting States. In the absence of additional information on this issue, the Committee once again requests the Government to indicate whether it exports any substances, technologies or processes, the use of which is prohibited as potential sources of a major accident, and if so, to indicate the measures taken to inform importing countries of such prohibition, in accordance with Article 22 of the Convention.

C. Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

The Committee takes note of the information provided in the Government’s report, in reply to its previous request concerning Article 4 (applicable laws and regulations), on the measures applying Articles 7 (proper maintenance and cleaning of premises); 8 (ventilation); 9 (sufficient and suitable lighting); 10 (comfortable and steady temperature); and 11 (layout of workplaces and work stations).

Article 12 of the Convention. Supply of wholesome drinking water to workers. The Committee notes the Government’s reference to section 167 of the Labour Code, but observes that this section applies to workers of hot workshops and production sites. The Committee requests the Government to indicate the specific provisions of national laws and regulations which give effect to Article 12, in respect of workplaces covered by the Convention (commerce and offices).

Article 13. Sufficient and suitable washing facilities and sanitary conveniences. The Committee requests the Government to indicate the specific provisions of national laws and regulations which ensure that sufficient and suitable washing facilities and sanitary conveniences are provided, made available for use and properly maintained in workplaces covered by the Convention.

Article 14. Sufficient and suitable seats. The Committee notes the provisions of the National Standards of Ukraine (DSTU) ISO 9241-5: 2004 “Ergonomic requirements for work with screens in the office. Part 5. Requirements for the layout of the workplace and the working posture”, and State Sanitary Rules and Regulations for work with visual display terminals of computers, GSanPIN 3.3.2.002-98 of 10 December 1998, which provide requirements on suitable seats. The Committee requests the Government to indicate the provisions or any other measures taken to ensure that sufficient seats are supplied for workers, and that workers shall be given reasonable opportunities to use them.

Article 16. Underground or windowless premises. The Committee notes the Government’s indication that Annex D in the State Building Regulations of Ukraine (DBN) 2.2-9-2018 “Public buildings and structures” gives effect to Article 16. The Committee requests the Government to indicate the manner in which Annex D of DBN 2.2-9-2018 “Public buildings and structures” ensures that underground or windowless premises in which work is normally performed shall comply with appropriate standards of hygiene, and requests the Government to provide further information on measures taken or envisaged to give effect to Article 16.

Safety and Health in Mines Convention, 1995 (No. 176)

Article 3 of the Convention. Policy on safety and health in mines. Following its previous comments on activities undertaken on safety and health in mines, the Committee notes that the activities referred to in the Government’s report, including the development, by the Ministry of Energy and Coal, of annual plans of basic measures to improve OSH in enterprises. Regarding the review of a coherent policy on safety and health in mines, in consultation with social partners, the Committee also notes the Government’s reference to Decree No. 989. The Government states that the Ministry of Energy and Coal has defined as the main strategic task for all types of enterprises, the alignment of OSH management systems with international standards, including the introduction of new systemic approaches to OSH management. Nevertheless, the Committee once again observes an absence of information on consultations with social partners. The Committee requests the Government to indicate how the reforms envisaged in the implementation of Decree No. 989 will affect mining laws and regulations, and to include information on the consultations taking place in this regard with the most representative organizations of employers and workers concerned. The Committee further requests the Government to continue to provide information on measures taken to carry out the coherent policy on safety and health in mines, such as information on the implementation of annual plans of the Ministry of Energy and Coal on measures to improve OSH in enterprises.

Article 9(c). Provision and maintenance at no cost to the worker of suitable protective equipment, clothing and other facilities. The Committee notes the observations of the KVPU, alleging deficiencies in the amount and types of personal protective equipment (PPE) provided by employers to workers in mines. The KVPU states that this leads workers to acquire PPE at their own expenses on occasions, while the legislative procedure to compensate them may take considerable time. The Committee requests the Government to indicate the measures taken to ensure that, where adequate protection cannot be ensured by other means, suitable protective equipment are provided at no cost to the worker.

Article 11. Regular health surveillance of workers. The Committee notes the observations of the KVPU alleging that, medical examinations in 2017–18 were not funded at a number of state-owned coal-mining enterprises, thus leading to the official results of medical examinations not being provided to those enterprises. With reference to its comments above on Convention No. 139 noting that most recorded cases of occupational cancer are in the mining sector, the Committee requests the Government to take the necessary measures to guarantee that employers ensure the provision of regular health surveillance of workers exposed to occupational health hazards specific to mining.

Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. Following its previous comments urging the Government to take measures to give effect to Article 12 of the Convention, the Committee observes that, according to the Government, the Economic Code of Ukraine already covers the obligation contained in Article 12. The Committee recalls that Article 12 provides for an obligation that is specific to mines and OSH, namely, that where two or more employers undertake activities at the same mine, the employer in charge of the mine shall coordinate the implementation of all measures concerning the safety and health of workers and shall be held primarily responsible for the safety of the operations. The Committee requests the Government to indicate the specific provisions of the Economic Code of Ukraine giving effect to Article 12. The Committee further requests the Government to provide information on the manner in which this Article is applied in practice in the country.

Article 13(1)(b), (2)(a) and (2)(b)(i). Workers and safety and health representatives’ rights. Requesting, obtaining and participating in inspections and investigations. The Committee notes the observations of the KVPU alleging that, under section 6 of Act No. 877-V, workers can only request inspections in the case of damage, with the provision of supporting documents, rather than where there is cause for concern on safety and health grounds, as Article 13(1)(b) allows. In addition, the KVPU alleges that, currently, workers’ representatives are not able to participate in inspections and investigations conducted by the employer and by the competent authority at the workplace, as Article 13(2)(b)(i) requires. The Committee recalls that Article 13(2)(a) also requires safety and health representatives to, in accordance with national laws and regulations, have the right to represent workers on all aspects of workplace safety and health. The Committee requests the Government to indicate how it ensures that full effect is given to Article 13(1)(b), (2)(a) and (2)(b)(i).

Safety and Health in Agriculture Convention, 2001 (No. 184)

The Committee takes note of the information in the Government’s report, in reply to its previous requests concerning Articles 8(1)(b) (workers’ participation on OSH and safety and health representatives), 9(2) (duties of manufacturers, importers and suppliers), 10 (use of agricultural machinery and equipment), 15 (agricultural installations), and 16(2) and (3) (training of young workers), 17 (temporary and seasonal workers), 19(b) (minimum accommodation standards) and 20 (working time arrangements) of the Convention.

Article 4(1) of the Convention. Coherent national policy on safety and health in agriculture. The Committee takes due note of the Government’s indication concerning the repeal of five Orders on labour protection in agriculture, and their consolidation into Order No. 1240 of the Ministry of Social Policy of 29 August 2018, approving Labour Protection Rules for the agricultural industry. The Committee requests the Government to indicate the manner in which the representative organizations of employers and workers concerned were consulted in this process and on any further developments of the national policy.

Article 6(2). Cooperation between two or more employers in an agricultural workplace. Regarding its previous request for the Government to take all the necessary measures to establish the duty envisaged in Article 6(2) of the Convention, the Committee notes that the Government refers to the preparation of the draft act on amendments to several legislative acts to introduce a risk-based approach to OSH, in the context of the implementation of Decree No. 989. The Committee accordingly urges the Government to take all the necessary measures to establish, in the context of the abovementioned reforms, a duty to cooperate in applying safety and health requirements, where two or more employers undertake activities in the same agricultural workplace. The Committee requests the Government to indicate the measures taken.

Article 7(c). Immediate steps to stop any operation where there is imminent and serious danger. Further to its previous comments, the Committee notes that the Government refers to sections 15, 39 and 41 of the Labour Protection Act. The Committee recalls that Article 7(c) of the Convention requires national laws and regulations or the competent authority to provide, taking into account the size of the undertaking and the nature of its activity, that the employer shall take immediate steps to stop any operation where there is an imminent and serious danger to safety and health and to evacuate workers as appropriate. Section 41 of the Labour Protection Act does not provide for the corresponding duty of the employer, and section 15 of the Labour Protection Act provides that the employer can override the orders of labour protection specialists. The Committee also notes the observations of the KVPU, according to which a potential threat may persist for a long time in practice, because the adoption of urgent measures by officials of the central executive authority is impossible without a court decision. The Committee urges the Government to take the necessary measures to give full effect to Article 7(c) of the Convention, and to provide information on the measures taken.

Article 11. Evaluation of risks, consultation and establishment of health and safety requirements for handling and transport of materials. Following its previous comments, the Committee notes the Government’s reference to: (i) the Safety and Health Protection Requirements for Workers Using Production Equipment, approved by Order No. 2072 of the Ministry of Social Policy of 28 December 2017; (ii) the Labour Protection Rules for Workers Engaged in Work concerning the Storage and Processing of Grain, approved by Order No. 1504 of the Ministry of Social Policy of 20 September 2017; and (iii) the Labour Protection Rules for Loading and Unloading Work, approved by Order No. 21 of the Ministry of Social Policy of 19 January 2015. The Committee requests the Government to provide information on the consultations undertaken with the representative organizations of employers and workers concerned in this regard, and to provide information on any additional measures taken to give effect to this Article.

Article 12(b). Sound management of chemicals. Adequate information. Referring to its previous comments, the Committee notes that the Law on Pesticides and Agrochemicals does not prescribe a duty for those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculture to provide adequate information to users concerning compliance with safety and health standards in the official language of Ukraine. The Committee requests once again the Government to take all necessary steps to give effect to Article 12(b) of the Convention and to provide information in this regard.

Article 14. Protection against biological hazards. Application in practice. The Committee notes the information provided by the Government concerning the relevant provisions of Order No. 1240 of the Ministry of Social Policy of 29 August 2018, approving Labour Protection Rules for the agricultural industry. These include requirements that only workers who have received preventive vaccinations and specific instructions on handling infectious materials to perform work taking care of animals suffering from infectious diseases; that the relevant workers be provided with personal protective equipment and clothing. The Committee requests the Government to provide information on the application of this Order in practice, with regard to protection against biological hazards.

Article 19(a). Welfare facilities. Following its previous comments, the Committee notes the Government’s reference to the Labour protection rules for the maintenance and repair of agricultural production machines and equipment, approved by Order No. 152 of the State Committee of Ukraine on Labour Protection Monitoring of 30 November 2001, and requiring sanitary premises for workers directly employed in production to comply with prescribed standards. Noting that the Order applies to enterprises, institutions, organizations and legal entities engaged in the maintenance and repair of machinery and equipment for agricultural production, the Committee requests the Government to indicate the specific provisions which ensure that adequate welfare facilities are provided at no costs to the workers, in agricultural workplaces not covered by that Order.

[The Government is asked to reply in full to the present comments in 2022.]