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 115 (radiation protection), 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 observation of the Confederation of Free Trade Unions of Ukraine (KVPU) on the application of Convention No 155, received on 31 August 2023.

Application in practice of Conventions Nos 115, 119, 120, 139, 155, 161, 174, 176 and 184. The Committee further notes the information provided by the Government on the number of occupational accidents and cases of occupational diseases, including a 20 per cent decrease in the number of occupational accidents, from 3,634 in 2020 to 2,919 in 2022 and the information available on the Government’s online portal, on compliance with OSH requirements, in particular the number of monthly reports on occupational accidents and occupational deaths received in the first half of 2023. It also notes that according to the results of the investigations, 71 per cent of the reported accidents were caused by a failure to comply with OSH regulations. In this respect, the Committee notes reference made by the Government to the preventive activities of the State Labour Service (SLS), including information campaigns and training tools designed to minimize the risks of occupational accidents. The Committee requests the Government to continue to provide information on the application in practice of ratified OSH Conventions, including information on the number, nature and cause of reported occupational accidents, reported occupational deaths and reported cases of occupational diseases.

Article 16(3) of Convention No. 155 and Article 9(c) of Convention No. 176. Adequate protective equipment. The Committee notes that in response to the observations of the International Trade Union Confederation (ITUC) received in 2020, on the lack of preventive and protective measures and equipment to protect workers against the spread of COVID-19, especially in the healthcare and mining sector, the Government indicates, that awareness-raising activities to prevent accidents have been conducted in healthcare facilities, including in those dealing with COVID-19 infection. The Government further refers to preventive campaigns conducted by the State Labour Service (SLS) at the national level, including with regard to the provision and use of personal protective equipment. With respect to the provision and use of personal protective equipment in mines, the Committee refers to its comment below on Article 9(c).

A. General Provisions

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

Articles 5(d), 19(b), (c) and (e), and 20 of the Convention. Communication and cooperation at the level of the undertaking and at all other appropriate levels. Following its previous comments on the improvement of communication and cooperation, the Committee notes the reference made by the Government to the Tripartite General Agreement 2019–21, which contained requirements for communication and cooperation at all appropriate levels, including on OSH. It further notes reference made to the SLS initiatives for the promotion of social dialogue and cooperation, including the establishment of an Interagency Working Group and other permanent working groups comprising representatives of interested bodies and social partners, which discuss the most important areas of work, identify risky industries and other issues related to occupational safety. In this respect, the Committee notes that the Draft Law On Safety and Health at Work, No. 10147, 13 October 2023 (OSH Draft Law No. 10147) provides for involvement and consultation at the level of the undertaking, including with regard to employers’ obligation to involve employees and/or their representatives in consultations and decision-making related to safety and health at work (section 25 (11 and 12)). Noting the ongoing review of the OSH legislation, the Committee requests the Government to continue to provide information on the manner in which it ensures communication and cooperation at all appropriate levels of the undertaking and gives full effect to Articles 5(d), 19(b), (c) and (e) and 20 of the Convention.

Article 9. Enforcement. The Government indicates that scheduled and unscheduled state supervisions (control) were suspended under the state of emergency issued by Decree of the President of Ukraine No. 64 dated 24.02.2022 “On the Introduction of a State of Emergency in Ukraine” (last extended on 10 November 2023 – Law No. 3429-IX). It further indicates that unscheduled measures of state supervision were nonetheless carried out during the state of emergency, including at the request of individuals, officials or trade unions for violations that caused damage to rights, life, health, legitimate interests, environment or security. The Committee notes the activities of SLS and its territorial bodies during the state of emergency, including activities related to the dissemination of information, consultation and provision of technical advice to employees and employers on labour and occupational safety and health. While taking into account the exceptional nature of the state of emergency, and reference to its 2023 comments under the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee requests the Government to provide information on the measures taken to ensure the enforcement of national OSH legislation in all workplaces.

Articles 13 and 19(f). Protection of workers who remove themselves from work situations presenting an imminent and serious danger. Further to Committee’s previous comments, the KVPU observes that OSH Draft Law No. 10147 does not provide a mechanism for the implementation of Article 13 regarding the protection of workers who remove themselves from work situations presenting an imminent and serious danger and does not guarantee the protection of workers and their representatives at the enterprise level required under Article 19 of the Convention. In this respect, the Committee notes that under OSH Draft Law No. 10147, employees who, in case of serious, unavoidable and imminent danger, have left dangerous workplaces/zones, are not responsible for such actions (section 22(6)) and shall not be liable for leaving their workplace and/or the dangerous area (section 26(10)). In addition, under section 22(5) of OSH Draft Law No. 10147, the employer is prohibited from giving instructions to employees to resume the performance of work duties during the existence of a danger (…). The Committee notes however that according to section 85(4) of the Draft Law of Ukraine "On Labour", downtimes (suspension of work due to the lack of organizational or technical conditions necessary for the performance of work, force majeure circumstances or other circumstances) due to the fault of the employee, are not paid. Noting that Article 13 provides for the right of workers to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health, and to be protected from undue consequences, whether or not the danger was caused by the worker or is avoidable, the Committee requests the Government to take the necessary measures to ensure that the current review of the national legislation gives full effect to the requirements of Article 13 and 19(f).

Article 15. Arrangements, made after consultations with social partners, to ensure the necessary coordination between various authorities and bodies. Further to its previous comments, the Committee notes references made by the Government to activities led by the SLS to promote social dialogue, in particular, the formation of territorial bodies which have established permanent working groups involving about 300 specialists from various organizations and institutions including the Federation of Trade Unions of Ukraine and the Federation of Employers of Ukraine to discuss issues related to OSH at regional level. It further notes that at the initiative of the SLS, an Interagency Working Group, involving representatives of government agencies and social partners, was established to develop coordination and joint actions to reduce undeclared labour and prevent occupational injuries and diseases. The Committee requests the Government to continue to provide information on the measures taken to ensure the necessary coordination between various authorities on OSH issues.

Article 18. Measures to deal with emergencies and accidents, including adequate first-aid arrangements. The Committee welcomes that under section 22 of OSH Draft Law No. 10147 on the provision of first aid, fire extinguishing, elimination of accidents and evacuation of workers, employers are required to ensure the organization of appropriate emergency measures, including with regard to the provision of pre-medical care and evacuation of workers and persons at risk (Article 22(4)). The Committee requests the Government to pursue its efforts to ensure that full effect is given to the requirements of Article 18.

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 the impact of legislative reforms on occupational health services, the Government indicates that the reform of the OSH Management System in Ukraine (Decree No. 989, 2018) and its implementation under the Draft Law on Safety and Health at Work, No. 10147, 13 October 2023 (OSH Draft Law No. 10147) seek to create a risk-based approach for the prevention of occupational risks. Regarding the current legislation governing state health and epidemiological services, the Committee notes the provisions of the law of Ukraine on the public health system, of 1 October 2023, in particular Part III, section 16 on epidemiological surveillance of occupational diseases and labour protection and Part IV, section 25 on public health protection. The Committee notes that the Government does not provide any information on consultation with the most representative organizations of employers and workers. Noting the ongoing OSH legislative revision, the Committee requests the Government to provide further information on the measures taken to ensure the formulation, implementation and periodic review of a coherent national policy on occupational health services in consultation with the social partners. In this respect, once again the Committee requests the Government to provide detailed information on consultations undertaken with the most representative organizations of employers and workers on measures taken to give effect to the Convention, in particular in the context of the current reforms.

Articles 3(1), 5 and 7(1). Organization and functions of the occupational health service. Application in practice. Regarding the organization of occupational health services, the KVPU states that the OSH Draft Law No. 10147 does not provide for the creation of occupational hygiene services, in accordance with the Convention. The Committee notes, however, that section 15(6)(6) provides for the designation of safety and health officers in charge of the organization of monitoring the state of health of employees and conducting medical examinations. The Committee requests the Government to take Articles 3(1), 5 and 7(1) of the Convention into account in its ongoing revisions of the OSH legislative framework in particular with a view to ensuring that occupational health services provide for the requirements of Article 5(f) (surveillance of workers' health in relation to work), (g) (promoting the adaptation of work to the worker), (h) (contributing to measures of vocational rehabilitation), and (j) (organization of first aid).

Article 8. Cooperation between the employers, the workers and their representatives. The Committee notes that OSH Draft Law No. 10147 provides for consultations and involvement of employer organizations and trade unions (section 5) as well as involvement and consultation between employers and employees and their representatives at the level of the undertaking (sections 25 (11 and 12) and 27(7 and 8)). Noting the ongoing review of OSH Draft Law No. 10147, the Committee requests the Government to take the necessary measures to ensure that employers, workers and their representatives cooperate and participate in the implementation of the organizational and other measures relating to occupational health services.

Article 9(1). Composition of personnel within labour protection services. The Committee notes that under section 15 (1 to 5) of the OSH Draft law No. 10147, employers are required to determine the structure for the safety and health management system of employees at work, taking into account the size of the enterprise, the number of employees and the dangers that employees may be exposed to. Noting the ongoing review of the OSH Draft Law No. 10147, the Committee requests the Government to ensure that the new OSH legislation provides for occupational health services that are of a multidisciplinary nature, in accordance with Article 9(1).

Article 10. Full professional independence of health services personnel. The Committee notes that section 15(7) of the OSH Draft Law No. 10147 stipulates that during the performance of the specified functions, workers' safety and health officers at work, regardless of the way they are defined and/or their staff, must have professional independence from employers, workers and their representatives. The Committee requests the Government to take the necessary measures to ensure that full effect is given to the requirements of Article 10 in the framework of the current legislative reforms.

Article 12. No loss of earnings for workers in the process of the surveillance of their health. The Committee welcomes the measures envisaged under section 19(9) of OSH Draft Law No. 10147 which provides that the employer, at his own expense, organizes and ensures the passing of medical examinations of employees during working hours with the preservation of wages in accordance with the terms of the employment contract. The Committee requests the Government to pursue its efforts, in its ongoing legislative revision, to give full effect to Article 12.

Article 14. Information provided to the occupational health services on any factors which may affect workers’ health. The Committee notes that under section 15(10) of the OSH Draft Law No. 10147, employers are required to give information to business entities that provide services in the field of safety and health of employees at work, including for the assessment of occupational risks. The Committee requests the Government to take the necessary measures, including in the context of the ongoing legislative review, 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. Following its previous comments, the Committee notes measures envisaged under section 6 of the OSH Draft Law No. 10147 on recording and investigating accidents and occupational diseases, but observes that the Draft does not refer to the obligation to inform occupational health services of occurrences of ill health amongst workers and absence from work for health reasons. 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, in accordance with the provisions of Article 15.

Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 1, 6, 7 and 8. Maximum permissible doses. 1. Protection for pregnant and breastfeeding workers. The Committee notes once again that while the effective dose limit for pregnant women prescribed in the Law on the Protection of People from Ionizing Radiation is 1 millisievert (mSv) per year (in line with the recommendation of paragraph 33 of its General Observation of 2015), under section 5.6 of the Norms of Radiation Safety of Ukraine of 1997, the occupational exposure limit of pregnant women and women of childbearing age to ionizing radiation is two times higher than the recommended limit. The Committee once again requests the Government to provide information on measures taken or envisaged to revise the maximum permissible dose established for pregnant workers under the Norms of Radiation Safety of Ukraine of 1997.

2. Lens of the eye. The Committee notes with interest that the new amendments to the Law on Protection of People from Ionizing Radiation, approved by Law No. 3344-IX of 23 August 2023 set an equivalent dose to the lens of the eye of 20 mSv per year, averaged over five years, with no single year exceeding 50 mSv, provided that the average equivalent dose of exposure to the lens of the eye for any five consecutive years does not exceed 100 mSv, for occupational exposure in planned exposure situations. The Committee takes note of this information, which addresses its previous request.

Article 8. Dose limits for workers not directly engaged in radiation work. The Committee notes the indication of the Government regarding the effective dose limit of 2 mSv per year set for workers not directly engaged in radiation work but who risk exposure to ionizing radiation or radioactive substances, which is twice higher than the ICRP recommended limit. Referring, once again, to paragraph 14 of its General Observation of 2015, the Committee recalls that the annual effective dose limit for workers not directly engaged in radiation work should be set at 1 mSv and requests the Government to provide information on any measures taken or envisaged to ensure that those workers are not exposed to levels of radiation any higher than the current recommended limit of 1 mSv.

Articles 11 and 15. Appropriate monitoring of workers and places of work. Appropriate inspection services. Application in practice. The Committee notes that sections 43 to 50 of Resolution No. 949 of the Cabinet of Ministers of Ukraine of 1 September 2021 provide for monitoring and keeping records of individual radiation doses of personnel, which are conducted in accordance with the requirements of legislation, norms and rules on nuclear and radiation safety, IAEA Safety Standard, General Safety Guide No. SGSG-7 “Occupational Radiation Protection”, 2018. In this respect, under section 44 of Resolution No. 949, individual dosimetric control of external exposure of personnel is carried out using two methods which include the use of individual dosimeters and/or individual radiation protection equipment, by the method of double dosimetry. The Committee also notes the information published in the State Nuclear Regulatory Inspectorate of Ukraine Report “on Nuclear and Radiation Safety in Ukraine for 2022, including with regard to the results of individual dosimetric control, the number of operational events reported in Nuclear Power Plants, and the number of incidents involving Radiation Sources. The Committee requests the Government to continue to provide information on the application of the Convention in practice, in particular on the activities of the inspection services, including the number of inspections undertaken, the number and nature of violations detected, and the measures taken to address such violations.

Guarding of Machinery Convention, 1963 (No. 119)

Article 15 of the Convention. Application and supervision of the provisions of the Convention. Following its previous comments on this issue, the Committee notes Resolution No. 77, 3 February 2021, “On Approval of the List of High Risk Machines, Mechanisms, Equipment and Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine” and the reference made by the Government to the Order No. 2072 (2017) on “safety and health protection requirements for the use of production equipment by employees”. The Committee further notes the State Labour Service (SLS) preventive activities for the safe operation of machines and mechanisms to minimize the risks of industrial accidents. The Committee requests the Government to continue to provide information on the application of the Convention and on the impact of preventive measures, including statistical information on the number of accidents and fatalities caused by machinery.

Occupational Cancer Convention, 1974 (No. 139)

Articles 1(1) and 6(a) of the Convention. Periodic determination of carcinogenic substances and agents. Consultations. The Committee notes section 28 of Law No. 2573 of 6 September 2022 – as amended on 6 November 2023, banning the use of asbestos and providing safeguards to protect workers from harmful workplace exposures. It further notes that the Order of the Ministry of Health of Ukraine, No. 1054, approving the Regulation “List of Substances, Products, Production Processes, Domestic and Natural Factors Carcinogenic to Humans” of June 2022 came into force on 20 June 2022 and that the hygienic regulations for the permissible content of chemical and biological substances in the air of the work area were approved by Order No. 1596, on 14 July 2020. The Committee requests the Government to provide information on the consultations undertaken with the most representative organizations of employers and workers concerned on the development of these regulations.

Article 5. Medical examinations for workers during the period of employment and thereafter. The Committee notes that under section 7 of Order No. 1054, every employee who has contact with carcinogenic substances must undergo mandatory medical examinations in accordance with the procedure approved by the Order No. 246 of 21 May 2007, “On approval of the procedure for conducting medical examinations of certain categories of employees”, which defines, among others, the procedure for conducting preliminary and periodic medical examinations. The Committee further notes references made by the Government to requirements for medical examinations of certain categories of employees under section 169 of the Labour Code of Ukraine and section 17 of the Labour Protection Act, No. 2694-12. The Committee requests the Government to provide further information on the measures taken to provide workers with necessary medical examinations, including after the period of employment, to evaluate their exposure and supervise their state of health in relation to occupational hazards.

Article 6(c). Inspections and application in practice.Noting the absence of information in reply to its previous request, the Committee once again requests the Government to provide information on the application of the Convention in practice, including 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 by the Government concerning Article 6 on the protection of confidential information, which responds to its previous request.

Article 4 of the Convention. National policy concerning the protection of workers, the public and the environment against the risk of major accidents. Further to its previous comments, the Committee notes the adoption of the “Procedure for Identifying High-Risk Installations and Keeping their Records”, approved by Resolution No. 1030 of 13 September 2022 – as amended by Resolution No. 690 of 7 July 2023 and the Law “on objects (installations) of increased danger”, 2001, No. 2245-III – as amended in 2023, which define, among others, the legal, economic, social and organizational foundations of activities related to objects of increased danger, and are aimed at protecting the life and health of people, including employees of a high-risk facility, and the environment from the harmful effects of accidents (…) by preventing their occurrence, limiting their development and eliminating their consequences. The Committee requests the Government to provide updated information on measures taken to ensure the implementation of the Procedure for Identifying High-Risk Installations and Keeping their Records. The Government is also once again requested to provide information on consultations undertaken with the most representative organizations of employers and workers on the implementation and periodic review of a coherent national policy concerning protection against major industrial accidents.

Article 5. System for the identification of major hazard installations. Consultations. Further to its previous request, the Committee notes that section 1 of Resolution No. 1030, 13 September 2022, provides for the procedure aimed at classifying the facilities with installations, in which one or more hazardous substances are temporarily or permanently used, processed, manufactured, transported, or stored. The Committee once again requests the Government to provide information on consultations held with the most representative organizations of employers and workers and with other interested parties who may be affected, regarding the system for the identification of major hazard installations.

Article 9. Documented system of major hazard control, including technical and organizational preventive measures. Consultation. Further to its previous request for information on technical measures, the Committee notes sections 2 and 18 of Resolution No. 1030, 13 September 2022, as well as the provisions of Resolution No. 6 of 9 January 2014, “On the approval of the list of objects, the project documentation for the construction of which must include a section on engineering and technical measures of civil protection”. As regards technical and organizational measures, the Committee notes however that Resolution No. 1030 does not cover elements listed under Article 9(c) and does not comply with all the requirements of Article 9(b), in particular with regard to the safety system and operation, maintenance and systematic inspection of installations. With respect to consultations (Article 9(f)), the Committee notes that the Government does not provide any information in this regard. The Committee requests the Government to indicate how effect is given to all elements listed under Article 9(b) and (c) of the Convention. The Government is once again requested to provide information on the manner in which the requirement for consultations with workers and their representatives is taken into consideration in the documented system of major hazard control (Article 9(f)).

Article 18(2). Right of representatives of employers and workers to accompany inspectors. The Committee notes that the Government refers to section 42 of the Labour Protection Act, No. 2694-12 on the right of employers’ and employees’ representatives to accompany inspectors and to section 10 of Act No. 877-V of 2007 on Fundamental Principles of State Supervision and Monitoring of Economic Activity which provides for the right of representatives to be involved in state supervision activities. The Committee requests the Government to provide information on any measures taken or envisaged to ensure that business entities comply with the requirements of section 10 of Act No. 877-V.

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. Following Committee’s previous comments on this issue, the Government refers to the provisions of the Draft Law On Safety and Health at Work, No. 10147, 13 October 2023 (OSH Draft Law No. 10147). In this respect, the Committee notes the requirement for consultation and involvement of workers and their representatives, in particular under sections 5 and 23 of the OSH Draft Law No. 10147, which indicates, among others, that employers must conduct consultations with employees and/or employee representatives, ensure the opportunity for them to submit proposals and participate in discussions of all issues related to the safety and health of employees at work. Noting the ongoing legislative review, the Committee requests the Government to provide further information on: (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.

Article 22. Responsibility of exporting States. The Government indicates that the export of prohibited substance, technology or process is regulated by the Law of Ukraine No. 1644-111, 06 July 2000, “On Transportation of Dangerous Goods”. In this respect, the Committee notes the provisions of sections 7 to 9 on the rights and obligations of the “consignor”, the “carrier” and the “consignee” of dangerous goods, including their rights to receive reliable information about the dangerous product. The Committee further notes the Decree No. 1122-2000 “On the approval of the Regulation on the control of cross-border transportation of hazardous waste and its utilization/removal and the Yellow and Green lists of waste” as well as the establishment of the “One Window for International Trade” which is a digital portal for the collection and exchange of information on transportation of goods under Resolution 971 of 21 October 2020. The Committee notes however that the above-mentioned legislation does not expressly refer to the obligation of exporting States towards importing countries. Recalling that Article 22 of the Convention provides for the responsibility of exporting States to collect and communicate information to importing States, the Committee requests the Government to indicate the manner in which it ensures that information on any prohibitions on the use of hazardous substances, technologies or processes as a potential source of a major accident is made available to importing countries.

Protection in specific branches of activity

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

The Committee notes the information provided by the Government concerning Article 14 of the Convention on the provision of sufficient and suitable seats, which responds to its previous request.

Articles 12 and 13 of the Convention. Supply of wholesome drinking water to workers and sufficient and suitable washing facilities and sanitary conveniences. Noting the ongoing legislative reform, the Committee requests the Government to take measures to ensure the adoption of provisions to give effect to Articles 12 and 13 of the Convention to ensure that: (i) a sufficient supply of wholesome drinking water is made available to workers in workplaces covered by the Convention (commerce and offices); and (ii) sufficient and suitable washing facilities and sanitary conveniences are provided, made available for use and properly maintained in workplaces covered by the Convention.

Article 16. Underground or windowless premises. In the absence of information, the Committee requests the Government to provide information on measures taken or envisaged to give effect to Article 16 of the Convention.

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, the Committee notes that in the framework of the current legislative reforms, the Draft Law on Safety and Health at Work, No. 10147, 13 October 2023 (OSH Draft Law No. 10147) propose amendments to the Mining Law of Ukraine and provides for the safety of mining operations and the safety and health of mine workers (section 32). The Committee requests the Government to provide information on the impact of the current legislative review on the development and implementation of a coherent policy on safety and health in mines. The Government is once again requested to provide information on consultations with the most representative organizations of employers and workers concerned.

Article 9(c). Provision and maintenance at no cost to the worker of suitable protective equipment, clothing and other facilities. The Committee notes that the Government does not respond to the previous observations of the KVPU, alleging deficiencies in the amount and types of personal protective equipment (PPE) provided by employers to workers in mines. In this respect, the Committee notes the indication in the ILO report on Occupational safety and health in the mining industry in Ukraine, 2018, which underlines that the insufficient supply of the necessary personal protective equipment to workers is an extremely serious problem in all state-owned coal-producing enterprises. The Committee requests the Government to provide information on the measures it is taking to ensure the provision and maintenance of suitable protective equipment in mining at no cost to the worker.

Article 11. Regular health surveillance of workers. The Committee notes that the Government does not reply to the previous 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. The Committee requests the Government to provide information on measures taken or envisaged to ensure the provision of regular health surveillance to 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, the Committee notes that the Government does not provide any information on measures taken to give effect to Article 12 of the Convention. It notes however that section 25(9) of the OSH Draft Law No. 10147 provides for collaboration between two or more employers engaged in activities simultaneously in one workplace, but does not attribute primary responsibility to one employer. Recalling that Article 12 provides for an obligation that is specific to mines and OSH, the Committee requests the Government to take measures, in the context of the ongoing legislative review, to ensure 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.

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 references made by the Government to section 10 of the Mining Law of Ukraine on state supervision and section 39 of the Labour Protection Act, No. 2694-12, 1992 which provides for the rights and responsibilities of officials, but not workers and safety and health representatives, to request, obtain and participate in inspections and investigations. The Committee requests the Government to provide detailed information on measures taken to ensure the participation of workers and their representativesin inspections and investigations conducted by the employer and by the competent authority in mines.

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

Article 4(1) of the Convention. Coherent national policy on safety and health in agriculture. The Committee notes the Government’s indication in response to its previous request that during the development and elaboration of the Rules on Occupational Safety and Health in Agricultural Production, Order No. 1240, of 29 August 2018, the draft Rules were agreed upon with all interested stakeholders, including the Joint Representative Body of the Employers' Side at the national level and the Joint Representative Body of Representative All-Ukrainian Trade Unions. The Committee requests the Government to provide information on the implementation of the Rules on Occupational Safety and Health in Agricultural Production and any measures taken for its periodic review in consultation with the social partners.

Article 6(2). Cooperation between two or more employers in an agricultural workplace. The Committee notes that section 25(9) of the Draft Law on Safety and Health at Work, No. 10147, 13 October 2023 (OSH Draft Law No. 10147) provides for collaboration between two or more employers engaged in activities simultaneously in one workplace. The Government also indicates that requirements for cooperation between two or more employers in agricultural production are included in the draft order of the Ministry of Economy of Ukraine “On Approval of Minimum Safety and Health Requirements for Forestry Workers and Work with Greenery”, which is being developed in accordance with the Action Plan for the Preparation of Draft Regulatory Acts of the State Labour Service in 2022. The Committee requests the Government to provide updated information regarding any progress made in the development of the draft order on Minimum Safety and Health Requirements for Forestry Workers and Work with Greenery.

Article 7(c). Immediate steps to stop any operation where there is imminent and serious danger. The Committee notes that in response to its previous request, the Government refers to the authority of SLS officials, under the OSH legislation, to prohibit, suspend, terminate and restrict the operation or production, but does not provide any information on the obligation of employers under the present Article to 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. The Committee notes however that section 22(4)(2) and (4) of the OSH Draft Law No. 10147, stipulates that in emergency situations threatening the life and health of employees, employers are required to ensure the evacuation of workers and provide employees with the opportunity to stop work, leave the workplace/zone and go to a safe place. Recalling that Article 7(c) provides for the obligation of employers to 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, the Committee requests the Government to ensure that full effect is given to this Article in the context of the current legislative review.

Article 11. Evaluation of risks, consultation and establishment of health and safety requirements for handling and transport of materials.In the absence of information, the Committee once again 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. Regarding the requirement for providing adequate information on chemicals used in agriculture, the Committee notes the adoption of Law No. 2775-IX, 16 November 2022, “on the introduction of amendments to some laws of Ukraine regarding the improvement of state regulation in the field of handling pesticides and agrochemicals” which provides for the State Register of Pesticides and Agrochemicals Permitted for Use in Ukraine. The Committee notes however that the legislation provides for the duty of the central executive authority, but does not refer to the obligation of those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculture to provide adequate information to users. The Committee urges the Government to take all the necessary measures to ensure, in the context of the current legislative reforms, that those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculture have the duty to communicate the adequate information to users concerning compliance with safety and health standards in the official language of Ukraine.

Article 14. Protection against biological hazards. Application in practice.The Committee requests the Government to provide information on the implementation of Order No. 1240 on approving “Labour Protection Rules for the Agricultural Industry” with regard to protection against biological hazards.

Article 19(a). Welfare facilities.In the absence of information, the Committee requests once again the Government to indicate the specific provisions which ensure that adequate welfare facilities are provided, at no cost to the workers, in agricultural workplaces not covered by the 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.