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Previous comments C.115, C.119, C.120, C.139, C.155, C.161, C.174, C.176 and C.184
The Committee notes the Government’s latest report including information regarding relevant legislation allegedly giving effect to the provisions in the Convention, some of which was attached to the report.
Article 4 of the Convention. Applicable laws and regulations. Having examined available information, the Committee notes the provisions in section 44 of the Ministerial Decree on the exercise of commercial activities and the rules for commercial services to the population requiring the employers to provide suitable facilities for changing, storing and drying clothes giving effect to Article 15 of the Convention. However, as far as the Committee is able to determine, the legislation otherwise referred to mainly includes building and construction standards which regulate the construction and installation of ventilation, lighting, heating and sanitary arrangements, as well as the supply of public water, but does not prescribe obligations imposed on the employers to ensure the protection of workers employed in commerce and offices as contained in Articles 7–14 and 16 of the Convention. The Committee requests the Government to indicate the specific provisions, in the Labour Code or in other legislation, which it alleges give effect to the provisions of the Convention in Articles 7–14 and 16.
Part V of the report form. Application in practice. The Committee reiterates its request to the Government to give a general appreciation of the manner in which the Convention is applied in Ukraine, providing, for example, extracts from reports of the inspection services and, to the extent such statistics are available, information concerning the number and nature of contraventions reported and the action taken on them, etc.
[The Government is asked to reply in detail to the present comments in 2011.]
1. The Committee notes the information contained in the Government’s report, including information regarding the National Tripartite Collective Agreement for 2004-05 which contains, in paragraph 3.09, a provision concerning the preparation in 2005 of the ratification of the Occupational Safety and Health Convention, 1981, (No. 155), the Occupational Health Services Convention, 1985 (No. 161) – as well as the Occupational Safety and Health (Dock Work) Convention (No. 152). The Committee requests the Government to provide information about the progress achieved in this respect.
2. Article 4. Applicable laws and regulations. The Committee notes that the Government has not responded to its previous request to provide information on which legislation of the former Soviet Union is still in force. Furthermore, the Committee notes that the Government attached several instruments to its report, including the Law of Ukraine of 12 May 1991, No. 1023-XII, on Consumer Rights Protection, the Law of Ukraine of 23 December 1997, No. 771/97-ВР, on the Quality and Safety of Food Products and Food Raw Materials, the Law of Ukraine of 24 February 1994, No. 4004-XII, on Ensuring Sanitary and Epidemic Safety of the Population, certain Cabinet of Ministries Decrees and Ministry of Economics Orders, but that these texts only give partial effect to the Convention. The Committee requests the Government to specify which legislation of the former Soviet Union is still in force and submit with its next report legal and regulatory instruments which comply with the provisions of Articles 7-16 of the Convention.
3. Part V of the report form. Practical application. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Ukraine providing, for example, extracts from reports of the inspection services and, to the extent such statistics are available, information concerning the number and nature of contraventions reported and the action taken on them, etc.
The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:
1. The Committee takes note of the observations made by the Federation of Trade Unions of Ukraine concerning the application of the Convention, which was communicated to the Government by the Office on 26 September 2002. In their comments, the Federation of Trade Unions of Ukraine acknowledged that the provisions contained in the general principles set forth in Part II of the Convention were reflected in the different sanitary rules and that, in general terms, the Convention was applied in the country. The Federation of Trade Unions of Ukraine adds that the collaboration on social partnership level between the employers, the workers’ representatives and the organs representing the state power, resulted in the inclusion of issues concerning hygiene in commerce and offices into collective agreements. The Committee would appreciate it if the Government would supply an example of the above-indicated collective agreements for further examination as to the manner in which questions related to hygiene in commerce and offices are dealt with in collective agreements.
2. The Committee notes the Government’s indication contained in its earlier report that the national legislation adopted in Ukraine and the acts adopted by the former Soviet Union Ministry of Health almost fully comply with the provisions of the Convention. Nevertheless, the Government considered that insufficient attention was paid to the formulation of special sanitary legislation relating to administrative departments and other institutions or subdivisions where office work is done. In the light of these indications and with regard to the Decree of the Supreme Soviet of Ukraine No. 1545-XII of 12 September 1991 providing that the legislation of the Soviet Union previously applicable to Ukraine is to remain in force until new legislation adopted indicates the contrary, the Committee requests the Government to specify which legislation of the former Soviet Union is still in force.
3. The Committee notes section 7 of Law No. 4004-XII of 24 February 1994 on the provision of sanitary and epidemiological well-being of the population obliging the owner of an enterprise, thus the employer, to implement the sanitary standards in his enterprise. In this respect, the Committee takes note of the numerous sanitary rules, to which the Government refers in relation to the application of the provisions contained in the general principles of Part II of the Convention. In order to permit the Committee to examine the conformity of the respective sanitary rules with the requirements of the provisions of the Convention, the Committee would be grateful if the Government would provide copies of the relevant sanitary rules.
4. The Committee requests once again the Government to provide as soon as possible a detailed report to the Office indicating for each Article of the Convention exactly which provisions of laws, regulations or technical standards give effect to the respective provisions of the Convention, in order to enable the Committee to assess the extent to which the Convention is applied in the country.
1. The Committee takes note of the observations made by the Federation of Trade Unions of Ukraine concerning the application of the Convention, which was communicated to the Government by the Office on 26 September 2002. In their comments, the Federation of Trade Unions of Ukraine acknowledged that the provisions contained in the general principles set forth in Part II of the Convention were reflected in the different sanitary rules and that, in general terms, the Convention was applied in the country. The Federation of Trade Unions of Ukraine adds that the collaboration on social partnership level between the employers, the workers’ representatives and the organs representing the state power, resulted in the inclusion of issues concerning hygiene in commerce and offices into collective agreements. The Committee would appreciate if the Government would supply an example of the above indicated collective agreements for further examination as to the manner in which questions related to hygiene in commerce and offices are dealt with in collective agreements.
2. The Committee notes the Government’s indication contained in its earlier report that the national legislation adopted in Ukraine and the acts adopted by the former Soviet Union Ministry of Health almost fully comply with the provisions of the Convention. Nevertheless, the Government considered that insufficient attention was paid to the formulation of special sanitary legislation relating to administrative departments and other institutions or subdivisions where office work is done. In the light of these indications and with regard to the decree of the Supreme Soviet of Ukraine No. 1545-XII of 12 September 1991 providing that the legislation of the Soviet Union previously applicable to the Ukraine is to remain in force until new legislation adopted indicates the contrary, the Committee requests the Government to specify which of the legislation of the former Soviet Union is still in force.
3. The Committee notes section 7 of Law No. 4004-XII of 24 February 1994 on the provision of sanitary and epidemiological well-being of the population obliging the owner of an enterprise, thus the employer, to implement the sanitary standards in his enterprise. In this respect, the Committee takes note of the numerous sanitary rules, to which the Government refers in relation to the application of the provisions contained in the general principles of Part II of the Convention. In order to permit the Committee the examine the conformity of the respective sanitary rules with the requirements of the provisions of the Convention, the Committee would be grateful if the Government would provide copies of the relevant sanitary rules.
The Committee notes the Government's indication in its latest report that, under the 1992 Labour Protection Law of the Ukraine, the relevant state bodies are to formulate new regulations and directives in compliance with the provisions of this Convention. It further notes that, by virtue of the Decree of the Supreme Soviet of Ukraine No. 1545-XII of 12 September 1991, the legislation of the Soviet Union previously applicable in the Ukraine is to remain in force until new legislation adopted by the Supreme Soviet of Ukraine indicates to the contrary. The Government is requested to supply in its future reports full information on any new measures adopted concerning the application of the Convention, including any text repealing or amending the relevant provision of the following legislation: the Fundamental Principles governing the Labour Legislation of the USSR and the Union Republics of 15 July 1970; the Labour Code of the Ukraine of 9 December 1971; the Ordinance on State Health Supervision of 29 October 1963; Occupational Safety and Health Regulations for Commercial Establishments of 21 May 1959; and the Sanitary Norms for the design of Industrial Enterprises (CH245-71) of 5 November 1971.