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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments C.115, C.119, C.120, C.139, C.155, C.161, C.174, C.176 and C.184

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.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment on Conventions Nos 115, 139, 155 and 176

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 115 (radiation protection), 139 (occupational cancer), 155 (OSH) and 176 (safety and health in mines) together.
The Committee notes the observations of the Confederation of Free Trade Unions of Ukraine (KVPU), received on 31 August 2023, concerning the application of Convention No. 155.
Application of Conventions Nos 115 and 155 in practice. Nuclear power plant workers. The Committee notes that the report presented to the Governing Body at its 349th Session, October–November 2023 (GB.349/INS/15) titled “Report on developments in the application of the resolution concerning the Russian Federation’s aggression against Ukraine from the perspective of the mandate of the International Labour Organization” noted persisting concerns about the safety of workers in the occupied Zaporizhzhya Nuclear Power Plant (ZNPP). The Report noted concerns with respect to the deteriorating working conditions and the safety of workers, which is mainly due to potential increased exposure to radiation and the potential risk of a nuclear accident, related to an unstable supply of electricity. The Committee further notes with concern the indications of the Director General of the International Atomic Energy Agency (IAEA), in the “Statement on Situation in Ukraine” (update 191), released on 27 October 2023, that nuclear safety and security remain potentially precarious in Ukraine at the ZNPP and certain other nuclear power plants. Concerning the conditions of the operating staff at the Chornobyl site, the IAEA Director-General further indicated, in update 193 of 13 November 2023, that the site’s conditions were taking a toll on the physical and mental health of the operating staff, and that the situation was not sustainable in the longer term. The Committee also notes the measures aimed at the safe and secure operation of nuclear facilities and activities involving radioactive sources outlined in the IAEA’s report “Nuclear Safety, Security and Safeguards in Ukraine“ of 14 September 2023. The Committee reiterates its concern and once again urges that all necessary measures be taken to protect the safety and health of nuclear power plant workers. In particular, it urges the strengthening of the implementation of Convention No. 115 to ensure the effective protection of workers against ionizing radiations in the course of their work.

A. General provisions

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

Application of the Convention in practice and impact of the conflict on the safety and health of workers. The Committee notes with concern the statement of the KVPU that, since the beginning of the armed aggression of the Russian Federation until 26 January 2023, the State Labour Service (SLS) recorded 571 workers that were injured, of which 221 died, from injuries incurred during the performance of work duties that were the result of bombings, missile and artillery attacks, the mining of territories and premises, capture, and other illegal actions. In this respect, the Committee notes the Government’s indication that the cause of death in 46 per cent of the fatal work-related accidents in 2022 was determined to be related to the conflict and illegal actions by third parties. Noting the difficult situation in the country since 24 February 2022, the Committee requests the Government to continue to provide available information on the impact of the conflict on the safety and health of workers in the country.
Articles 4, 7 and 8. National OSH policy and legislative reforms. In response to its previous comments on the implementation of the Framework for the reform of the labour protection management system and Plan of Action approved by Decree No. 989, the Government refers to the development and review of various OSH regulations and indicates that it will be possible to develop drafts of relevant bylaws once the new OSH Draft Law is adopted. In this respect, the Committee notes that the new OSH Draft Law No. 10147 was presented to Parliament on 13 October 2023 and is currently under consideration. The Committee further notes that a new ILO project for the adoption of a new labour code to promote compliance with International Labour Standards (ILS) and other pending pieces of labour legislation on OSH has been undertaken.
The Committee takes note of the observations of KVPU that the OSH Draft Law, No. 10147 is not in conformity with Convention No. 155, and in particular, Articles 4, 5(e), 8, 10, 13 (protection for a worker that has removed themself from a dangerous work situation) and Article 19 (arrangements at the level of the undertaking relating to rights and duties of workers and their representatives, and cooperation). The KVPU indicates that the OSH Draft Law, No. 10147 will significantly narrow the content and scope of existing guarantees and rights of employees related to safe and healthy working conditions. The KVPU also states that trade unions did not approve the OSH Draft Law, No. 10147 which will remove the right to benefits and compensation for work in difficult and harmful working conditions, established under the current legislation, and that the Draft does not stipulate minimum funding for preventive measures. In addition, KVPU reiterates that the Draft Law on Labour is not in conformity with Convention No. 155, with respect to Articles 4 (consultation with the most representative organizations of employers and workers in the development, implementation and review of the national OSH policy), 5(e) (the protection of workers and their representatives from disciplinary measures), 8 (implementation of the national policy in consultation with the representative organizations of employers and workers concerned) and 10 (measures to provide guidance to employers and workers). The Committee, once again, requests the Government to provide its comments with respect to the observations of the KVPU. It also requests the Government to take all necessary measures to ensure that the new legislation on safety and health complies with the requirements of OSH Conventions. Recalling, once more, the importance of consultations with the representative organizations of employers and workers in the implementation of Convention No. 155, the Government is requested to provide information on the manner in which the views of organizations of employers and workers have been taken into consideration in the development of the Draft Law on Labour and the OSH Draft Law, No. 10147.
Article 5(e). Protection of workers and their representatives from disciplinary measures. Following the Committee’s previous comments on protection against disciplinary measures, the KVPU indicates that OSH Draft Law No. 10147 does not include the requirement of Article 5(e) on the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them. In this respect, the Committee notes that section 26(11) of the OSH Draft Law No. 10147 provides for protection from harassment or disciplinary measures, but only to employees and solely for reporting an accident, occupational disease or dangerous event. Noting the ongoing review of OSH Draft Law No. 10147, the Committee requests the Government to take the necessary measures to ensure that the new OSH legislation protects both workers and their representatives against disciplinary measures as a result of actions properly taken by them to secure their safety in conformity with the national OSH policy and in compliance with Article 5(e).
Article 11(c) of the Convention. Notification of occupational accidents and diseases. Following its previous comments with respect to the application of Decision No. 337 of the Cabinet of Ministers of Ukraine of 17 April 2019, the Committee notes changes introduced through several amendments, including, Resolution No. 1 of 5 January 2021, which provides for notification and investigation of occupational accidents and death of medical workers related to COVID-19 infection (section 141). Regarding the obligation of employers on recording and notification of accidents and occupational diseases, the Committee notes section 141(18) and (19) of the Resolution on Amendments to the Procedure for Investigation and Registration of Accidents, Occupational Diseases and Accidents at Work, dated 20 January 2023, No. 59, and measures envisaged under sections 6(2), (8) and 25(22) of the OSH Draft Law, No. 10147. The Committee requests the Government to take all necessary measures to ensure that full effect is given to the requirements of Article 11 (c) and to provide updated information on the progress made with respect to the review of the OSH Draft Law No. 10147 and on any other measures taken to ensure the notification of occupational accidents and diseases by employers.

B. Specific risks

Occupational Cancer Convention, 1974 (No. 139)

Articles 2, 3 and 4 of the Convention. Replacement of carcinogenic substances and agents, measures to be taken to protect workers, record keeping, and provision of information. The Committee welcomes the information provided by the Government in response to its previous request, including the adoption of regulations for the permissible content of chemical and biological substances in the air of the working environment approved by the Order of the Ministry of Health of Ukraine No. 1596, of 14 July 2020 and to 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. In this respect, the Committee notes that Order No. 1054 provides for the replacement and/or elimination of carcinogenic substances and agents (Part II, sections 1 and 2), measures to protect workers and monitoring (Part II, sections 3 to 5) and the right of workers to receive information on the dangers involved and the measures to be taken (Part II, sections 6 and 7). The Committee requests the Government to take all the necessary measures to ensure the application in practice of Order No. 1054 and to provide information on any progress made in this regard.

C. Specific branches of activity

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

Articles 5(1), (2)(e) and 16 of the Convention. Supervision of safety and health in mines, suspension of mining activities, corrective measures and enforcement. In response to Committee’s previous comments on the power of the competent authorities, the Government indicates that under section 39 of the Labour Protection Law No. 2694-12, 1992 (OSH Law), officials of the SLS are invested with the power to, among others, prohibit, suspend, terminate, restrict the operation of enterprises. However, the Committee notes with concern the Government’s indication that pursuant to section 5 of the Act No. 877-V of 2007 on Fundamental Principles of State Supervision and Monitoring of Economic Activity, scheduled state inspection is carried out, including in coal enterprises that are classified as high risk, only once every two years. In this respect, the Committee notes that pursuant to paragraph 1 of Resolution of the Cabinet of Ministers of Ukraine of 13 March 2022 No. 303 “On Termination of Measures of State Supervision (Control) and State Market Supervision in the Conditions of Martial Law”, scheduled and unscheduled state supervision (control) and state market supervision have been suspended for the period of martial law imposed by Decree of the President of Ukraine No. 64 dated 24.02.2022 “On the Introduction of Martial Law in Ukraine”, which has been extended until February 2024. The Committee further notes the statistics provided in the Government’s report regarding inspections conducted in two coal mining companies in October 2021, during which 1370 violations of regulations were identified, 56 officials were found administratively liable for fines, and a petition was filed with the administrative court to stop work due to violations. Referring to its comments adopted in 2023 under the Labour Inspection Convention, 1947 (No. 81), and the Inspection (Agriculture) Convention, 1969 (No. 129), the Committee requests the Government to take all the necessary measures to ensure the effective implementation of these provisions of the Convention and the provision of appropriate inspection services to supervise safety and health in mines. The Committee requests the Government to continue to provide updated statistics on violations detected during inspections, and the measures taken by inspectors in such cases, including the penalties imposed, the petitions filed for the suspension of work and the outcome of these petitions.
Articles 5(2)(c) and (d), 7 and 10(d). Measures to eliminate or minimize the risks to safety and health in mines. Procedures for investigating fatal and serious accidents and the compilation and publication of statistics. Appropriate remedial measures and measures taken to prevent future accidents by employers as a result of investigations. Further to its previous comments on the high rate of occupational accidents and diseases in the mining sector, as well as their underestimation, the Committee notes an absence of updated statistical information on the mining sector. The Committee once again requests the Government to provide information on measures taken or envisaged to ensure that full effect is given to Article 5(2)(c) on reporting and investigating fatal and serious accidents, dangerous occurrences and mine disasters, Article 5(2)(d) on the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences, Article 7 on measures taken to eliminate or minimize the risks to safety and health in mines and Article 10 on obligation of employers, in particular as regards investigation of accidents and remedial actions (Article 10(d)).
Article 5(2)(f). Rights of workers and their representatives to be consulted on and participate in OSH measures. Further to its previous comments on procedures to implement the rights of workers and their representatives to be consulted on and participate in OSH measures (Article 5(2)(f)), the Committee notes that section 25 (11 and 12) of the OSH Draft Law No. 10147 provides for consultation and involvement of employees and/or their representatives at the level of the undertaking, in particular with regard to decision-making related to safety and health at work. The Committee urges the Government to take the necessary measures to ensure the implementation of the rights of mine workers and their representatives to be consulted on OSH matters, and to participate in measures, relating to their safety and health at the workplace in accordance with the provisions of the Article 5(2)(f).
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Previous comment on Conventions Nos 119, 120, 139, 155, 161, 174, 176 and 184 Previous comment on Convention No. 115
The Committee notes the extremely difficult situation in the country since 24 February 2022. In the absence of reports from the Government on the application of ratified occupational safety and health (OSH) Conventions, the Committee repeats its previous comments:
In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on 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 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 information/data on reported cases of occupational disease , 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 communication and cooperation at all appropriate 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 into account Articles 13 and 19(f) of the Convention 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 affected.
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
Radiation Protection Convention, 1960 (No. 115)
The Committee notes the observations of the Federation of Trade Unions of Ukraine (FPU), received on 2 September 2021.
The Committee notes the information provided by the Government, in reply to its previous request concerning Article 10 (notification of work) of the Convention.
Articles 3(1) and 6(2) of the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge and maximum permissible doses of ionizing radiation. 1. Protection for pregnant and breastfeeding workers. The Committee previously referred to paragraph 33 of its 2015 general observation, indicating that methods of protection at work for pregnant women should provide a level of protection for the embryo/foetus broadly similar to that provided for members of the public (an annual effective dose limit of 1 millisievert (mSv)) and requested information on national legislative amendments. In this regard, the Committee welcomes that, under section 6 of the Act on Protection of People from Ionizing Radiation, as last amended in 2019, the effective dose limit for pregnant women working with sources of ionizing radiation is 1 mSv per year. However, the Committee observes that, according to the report of the Government, section 5.6 of the Standards of Radiological Safety of Ukraine of 1997, providing for a dose limit of 2 mSv for the whole period of pregnancy, is still in force. The Committee once again recalls that, under Article 6(2) of the Convention, maximum permissible doses shall be kept under constant review in the light of current knowledge. The Committee requests the Government to indicate the measures taken to revise the maximum permissible dose established for pregnant workers under the Standards of Radiological Safety of Ukraine of 1997, in light of current knowledge.
2. Lens of the eye. The Committee notes the Government’s indication that section 5.1 of the Standards of Radiological Safety of Ukraine of 1997 sets the equivalent dose limit for the lens of the eye at 150 mSv per year for workers who permanently or temporarily work directly with sources of ionizing radiation. The Committee refers to paragraph 11 of its 2015 general observation drawing attention to the latest recommendation of the International Commission of Radiological Protection (ICRP) of 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, for occupational exposure in planned exposure situations. The Committee requests the Government to indicate the measures taken to review the maximum permissible doses established, in light of current knowledge, with respect to the lens of the eye.
Article 8. Dose limits for workers not directly engaged in radiation work. With reference to paragraph 14 of its 2015 general observation, the Committee previously observed that the national legislation was not in line with the ICRP’s recommendation of an annual effective dose limit of 1 mSv for workers not directly engaged in radiation work. In this regard, the Committee notes the Government’s reiteration that the effective dose limits for persons who do not work directly with sources of ionizing radiation, but may be subject to additional exposure due to the location of their workplace in premises or on industrial sites with facilities using radiation or nuclear technology, must not exceed 2 mSv per year. The Committee recalls once again that, under Article 8 of the Convention, appropriate levels shall be fixed in accordance with Article 6 for workers who are not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiation or radioactive substances. With reference to paragraph 14 of its 2015 general observation, which indicates that the annual effective dose limit for this category of workers should be 1mSv, the Committee once again requests the Government to indicate the measures taken to review the maximum permissible dose established for workers not directly engaged in radiation work, in light of current knowledge.
Articles 11 and 15. Appropriate monitoring of workers and places of work. Appropriate inspection services. Application in practice. The Committee notes the observations of the FPU indicating that the existing practice of monitoring radiation dose limits, including using individual dosimeters, does not always ensure data reliability and that there are cases where workers have been forced, through pressure from management, to shield individual dosimeters in order to conceal the real figures. In this respect, the FPU takes the view that special procedures are necessary to prevent the application of pressure on workers to exceed prescribed limits, and to ensure compliance with sanitary control regulations and standards. The Committee requests the Government to provide its comments in this respect. In addition, the Committee once again requests the Government to provide information on the application of the Convention in practice, including on the number and nature of contraventions reported, of any accidents recorded and on the measures taken to remedy them.
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 on 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 organizations 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.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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 115 (radiation protection), 139 (occupational cancer), 155 (OSH) and 176 (safety and health in mines) together.
The Committee notes the joint observations of the Confederation of Free Trade Unions of Ukraine (KVPU) and the Federation of Trade Unions of Ukraine (FPU), received 6 October 2022, concerning the Draft Law on Labour and the Draft Law on Safety and Health at Work.
The KVPU and the FPU indicate that the Draft Law on Labour is not in conformity with Convention No. 155, with respect to Articles 4 (consultation with the most representative organizations of employers and workers in the development, implementation and review of the national OSH policy), 5(e) (the protection of workers and their representatives from disciplinary measures), 8 (implementation of the national policy) and 10 (measures to provide guidance to employers and workers). The KVPU and FPU further state that the Draft Law on Safety and Health at Work is not in conformity with Convention No. 155, and in particular, Articles 4, 5(e), 8, 10, 13 (protection for a worker that has removed themself from a dangerous work situation) and Article 19 (arrangements at the level of the undertaking relating to rights and duties of workers and their representatives, and cooperation). The unions indicate that the Draft Law on Safety and Health at Work has been developed to replace the current Labour Protection Act, and that it will significantly narrow the content and scope of existing guarantees and rights of employees related to safe and healthy working conditions. The unions allege that this Draft Law will remove the right to benefits and compensation for work in difficult and harmful working conditions, currently contained in the Labour Protection Act, and that the Draft does not stipulate minimum funding for preventive measures. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to take the necessary measures to ensure that any legislation adopted on safety and health is in conformity with ratified OSH Conventions, and it recalls that the Government can avail itself of the technical assistance of the ILO in this regard. Lastly, recalling the importance of consultations with the representative organizations of employers and workers in the implementation of Convention No. 155, it requests the Government to provide information on the consultations held with the organizations of employers and workers on the development of the Draft Law on Labour and the Draft Law on Safety and Health at Work.
Application of Conventions No. 115 and No. 155 in practice. Nuclear power plant workers. The Committee notes that the Report on developments relating to the resolution concerning the Russian Federation’s aggression against Ukraine from the perspective of the mandate of the International Labour Organization, presented to the Governing Body at its 346th Session, October–November 2022 (GB.346/INS/14), noted rising concerns about the safety of workers in the occupied Zaporizhzhya Nuclear Power Plant. The Report highlighted concerns regarding the deteriorating working conditions and the safety of workers, mainly due to potential increased exposure to radiation, which would require continuous on-site and off-site monitoring and emergency preparedness measures. In a report published on 6 September 2022, the International Atomic Energy Agency (IAEA) underlined that substantial risks remain to the safety and integrity of the plant. In a statement released 20 November 2022, the Director General of the IAEA reiterated the urgent need for measures to help prevent a nuclear accident at the Zaporizhzhya Nuclear Power Plant. The Committee urges that all necessary measures be taken to protect the safety and health of nuclear power plant workers. In particular, it urges the strengthening of the implementation of Convention No. 115 with a view to ensuring the effective protection of workers against ionising radiations in the course of their work.
The Committee notes the extremely difficult situation in the country since 24 February 2022, and notes that in this context, no reports have been sent from the Government on the application of ratified OSH Conventions. The Committee therefore repeats its previous comments:
The Committee takes note of the observations of the International Trade Union Confederation (ITUC) on the application of Conventions Nos 155 and 176, received on 16 September 2020, alleging that there is a lack of preventive and protective measures to protect workers against the spread of COVID-19 and a shortage of personal protective equipment throughout the country, but especially in the healthcare and mining sector. The Committee requests the Government to provide its comments in this respect.
The Committee also notes the observations of the Confederation of Free Trade Unions of Ukraine (KVPU) on the application of Conventions Nos 155 and 176, received in 2019.

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

Article 11(c) of the Convention. Notification of occupational accidents and diseases. The Committee notes that, according to the observations of the KVPU, employers do not follow, in practice, the notification procedures established by Decision No. 337 of the Cabinet of Ministers of Ukraine of 17 April 2019 approving the Procedure for Investigating and Recording Accidents and Occupational Diseases. The KVPU alleges that employers transmitted the notifications in violation of the deadlines, for 120 out of the 209 accidents registered by the State Labour Service (SLS) in the first half of 2019. The Committee requests the Government to provide its comments in this respect, and to take the necessary measures to ensure that Decision No. 337 is fully applied in practice with a view to ensuring the notification of occupational accidents and diseases by employers.

Occupational Cancer Convention, 1974 (No. 139)

Articles 2, 3 and 4 of the Convention. Replacement of carcinogenic substances and agents, measures to be taken to protect workers, record keeping, and provision of information. The Committee notes that the Government’s report does not respond to its previous comments on the issues covered by Articles 2 (replacement of carcinogenic substances and agents), (measures taken to protect workers and for record keeping) and 4 (providing workers with information on the dangers involved and the measures to be taken) of the Convention. The Committee also notes with concern that the Government: (1) reiterates previously raised difficulties in the application in practice of those Articles, including lack of funding, leading to the absence of measures to replace carcinogenic substances and agents by non-carcinogenic or less harmful substances or agents, and of an appropriate system to record the number of workers exposed to carcinogenic substances and agents; and (2) indicates that there are currently no special measures to ensure that workers who have been, are or may be exposed to carcinogenic substances and agents, are provided with all possible information regarding the dangers involved and the measures that should be taken. Taking into account the difficulties raised, the Committee urges the Government to take all the necessary measures to ensure that full effect is given to Articles 2, 3 and 4 of the Convention in the near future, and to provide information on the measures taken in this respect.

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

Articles 5(1), (2)(e) and 16 of the Convention. Supervision of safety and health in mines, suspension of mining activities, corrective measures and enforcement. In response to its previous comments on inspections undertaken in mines, the Committee notes the statistics provided in the Government’s report regarding the number of inspections conducted, violations detected and total amount of fines imposed. The Committee also notes the observations of the KVPU, alleging that the application of Act No. 877-V of 2007 on Fundamental Principles of State Supervision and Monitoring of Economic Activity restricts inspection in mines. The KVPU also refers to an incident in 2017–18 in which there were two fatal accidents at the same mining workplace within a year of each other, due to the failure to respect an order prohibiting the use of certain equipment, issued by the administrative court following an application by the State Labour Service (SLS). Referring to its comments concerning restrictions on the powers of labour inspectors, adopted in 2020 under the Labour Inspection Convention, 1947 (No. 81), and the Inspection (Agriculture) Convention, 1969 (No. 129), the Committee requests the Government to take all the necessary measures to ensure the effective enforcement of the provisions of this Convention, in accordance with Article 16. In this regard, the Committee requests the Government to continue to provide statistics on violations detected during inspections, and detailed information on the measures taken by inspectors in such cases, including penalties imposed and other corrective measures. In addition, the Committee requests the Government to provide further information on the application in practice of Article 5(2)(e), regarding the power of the competent authorities to suspend or restrict mining activities on safety and health grounds, until the condition giving rise to the suspension or restriction has been corrected.
Articles 5(2)(c) and (d), 7 and 10(d). Measures to eliminate or minimize the risks to safety and health in mines. Procedures for investigating fatal and serious accidents and the compilation and publication of statistics. Appropriate remedial measures and measures taken to prevent future accidents by employers as a result of investigations. Further to its previous comments, the Committee notes the Government’s reference to the procedure for investigating accidents in enterprises in the coal industry, pursuant to Decision No. 337 of the Cabinet of Ministers of Ukraine of 17 April 2019 approving the Procedure for Investigating and Recording Accidents and Occupational Diseases. The Committee notes, however, that, according to the Government, 23 per cent of investigations mandated in 2018 are still outstanding, along with 5 per cent of the ones mandated in 2017 and 5 per cent of those mandated in 2016, due primarily to the lack of conclusions that should result from the investigation procedure. The KVPU also alleges that the established notification procedures for occupational accidents and diseases are not followed in practice. As regards measures taken to address the causes of such accidents, the Government indicates that the SLS established a commission to review regulatory documents on removing gases, ventilation and combating gas-dynamic phenomena, but does not refer to measures taken in mines in general. The Committee nevertheless notes the observations from the ITUC, which refers to the high rate of occupational accidents and diseases in the mining sector, and alleges that occupational fatalities and diseases in mining are underestimated as there is scant data in the industry. The ITUC further alleges that, according to the SLS, 68.7 per cent of workers in mining have been working in conditions which fail to meet sanitary and hygienic standards, that 53.5 per cent work with excessive dust, 42.3 per cent with excessive noise, 14.2 per cent with excessive vibration, and 9.8 per cent with excessive exposure of harmful chemicals. The Committee requests the Government to provide its comments in respect of the ITUC’s observations. The Committee also requests the Government to take the necessary measures to ensure that full effect is given to Article 10(d) of the Convention, requiring that employers shall ensure that all accidents and dangerous occurrences are investigated and appropriate remedial action is taken in practice. As regards Article 5(2)(d) on the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences, the Committee refers to its comments adopted in 2020 concerning Article 11(c) of Convention No. 155. The Committee also requests the Government to provide further detailed information on the measures taken to ensure the application, in mines, of the employers’ duties contained in Articles 7 and 10.
Article 5(2)(f). Rights of workers and their representatives to be consulted on and participate in OSH measures. Further to its previous comments on procedures to implement the rights of workers and their representatives to be consulted on and participate in OSH measures (Article 5(2)(f)), the Committee notes that section 42 of the Labour Protection Act provides that OSH representatives may apply for assistance to the bodies in charge of state supervision over OSH, and have a right to participate and make appropriate proposals during inspections. The Committee also notes, however, the observations of the KVPU, alleging that the national legislation does not provide for mandatory and documented procedures to secure real forms of participation by workers’ and their representatives in consultations on OSH at the workplace. The Committee requests the Government to provide its comments in this respect and to provide further information on the establishment of effective procedures to ensure the implementation of the rights of workers and their representatives to be consulted on OSH matters, and to participate in measures, relating to safety and health at the workplace in accordance with the provisions of the Article.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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.]

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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 139 (occupational cancer), 155 (OSH) and 176 (safety and health in mines) together.
The Committee takes note of the observations of the International Trade Union Confederation (ITUC) on the application of Conventions Nos 155 and 176, received on 16 September 2020, alleging that there is a lack of preventive and protective measures to protect workers against the spread of COVID-19 and a shortage of personal protective equipment throughout the country, but especially in the healthcare and mining sector. The Committee requests the Government to provide its comments in this respect.
The Committee also notes the observations of the Confederation of Free Trade Unions of Ukraine (KVPU) on the application of Conventions Nos 155 and 176, received in 2019.

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

Article 11(c) of the Convention. Notification of occupational accidents and diseases. The Committee notes that, according to the observations of the KVPU, employers do not follow, in practice, the notification procedures established by Decision No. 337 of the Cabinet of Ministers of Ukraine of 17 April 2019 approving the Procedure for Investigating and Recording Accidents and Occupational Diseases. The KVPU alleges that employers transmitted the notifications in violation of the deadlines, for 120 out of the 209 accidents registered by the State Labour Service (SLS) in the first half of 2019. The Committee requests the Government to provide its comments in this respect, and to take the necessary measures to ensure that Decision No. 337 is fully applied in practice with a view to ensuring the notification of occupational accidents and diseases by employers.

Occupational Cancer Convention, 1974 (No. 139)

Articles 2, 3 and 4 of the Convention. Replacement of carcinogenic substances and agents, measures to be taken to protect workers, record keeping, and provision of information. The Committee notes that the Government’s report does not respond to its previous comments on the issues covered by Articles 2 (replacement of carcinogenic substances and agents), 3 (measures taken to protect workers and for record keeping) and 4 (providing workers with information on the dangers involved and the measures to be taken) of the Convention. The Committee also notes with concern that the Government: (1) reiterates previously raised difficulties in the application in practice of those Articles, including lack of funding, leading to the absence of measures to replace carcinogenic substances and agents by non-carcinogenic or less harmful substances or agents, and of an appropriate system to record the number of workers exposed to carcinogenic substances and agents; and (2) indicates that there are currently no special measures to ensure that workers who have been, are or may be exposed to carcinogenic substances and agents, are provided with all possible information regarding the dangers involved and the measures that should be taken. Taking into account the difficulties raised, the Committee urges the Government to take all the necessary measures to ensure that full effect is given to Articles 2, 3 and 4 of the Convention in the near future, and to provide information on the measures taken in this respect.

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

Articles 5(1), (2)(e) and 16 of the Convention. Supervision of safety and health in mines, suspension of mining activities, corrective measures and enforcement. In response to its previous comments on inspections undertaken in mines, the Committee notes the statistics provided in the Government’s report regarding the number of inspections conducted, violations detected and total amount of fines imposed. The Committee also notes the observations of the KVPU, alleging that the application of Act No. 877-V of 2007 on Fundamental Principles of State Supervision and Monitoring of Economic Activity restricts inspection in mines. The KVPU also refers to an incident in 2017–18 in which there were two fatal accidents at the same mining workplace within a year of each other, due to the failure to respect an order prohibiting the use of certain equipment, issued by the administrative court following an application by the State Labour Service (SLS). Referring to its comments concerning restrictions on the powers of labour inspectors, adopted in 2020 under the Labour Inspection Convention, 1947 (No. 81), and the Inspection (Agriculture) Convention, 1969 (No. 129), the Committee requests the Government to take all the necessary measures to ensure the effective enforcement of the provisions of this Convention, in accordance with Article 16. In this regard, the Committee requests the Government to continue to provide statistics on violations detected during inspections, and detailed information on the measures taken by inspectors in such cases, including penalties imposed and other corrective measures. In addition, the Committee requests the Government to provide further information on the application in practice of Article 5(2)(e), regarding the power of the competent authorities to suspend or restrict mining activities on safety and health grounds, until the condition giving rise to the suspension or restriction has been corrected.
Articles 5(2)(c) and (d), 7 and 10(d). Measures to eliminate or minimize the risks to safety and health in mines. Procedures for investigating fatal and serious accidents and the compilation and publication of statistics. Appropriate remedial measures and measures taken to prevent future accidents by employers as a result of investigations. Further to its previous comments, the Committee notes the Government’s reference to the procedure for investigating accidents in enterprises in the coal industry, pursuant to Decision No. 337 of the Cabinet of Ministers of Ukraine of 17 April 2019 approving the Procedure for Investigating and Recording Accidents and Occupational Diseases. The Committee notes, however, that, according to the Government, 23 per cent of investigations mandated in 2018 are still outstanding, along with 5 per cent of the ones mandated in 2017 and 5 per cent of those mandated in 2016, due primarily to the lack of conclusions that should result from the investigation procedure. The KVPU also alleges that the established notification procedures for occupational accidents and diseases are not followed in practice. As regards measures taken to address the causes of such accidents, the Government indicates that the SLS established a commission to review regulatory documents on removing gases, ventilation and combating gas-dynamic phenomena, but does not refer to measures taken in mines in general. The Committee nevertheless notes the observations from the ITUC, which refers to the high rate of occupational accidents and diseases in the mining sector, and alleges that occupational fatalities and diseases in mining are underestimated as there is scant data in the industry. The ITUC further alleges that, according to the SLS, 68.7 per cent of workers in mining have been working in conditions which fail to meet sanitary and hygienic standards, that 53.5 per cent work with excessive dust, 42.3 per cent with excessive noise, 14.2 per cent with excessive vibration, and 9.8 per cent with excessive exposure of harmful chemicals. The Committee requests the Government to provide its comments in respect of the ITUC’s observations. The Committee also requests the Government to take the necessary measures to ensure that full effect is given to Article 10(d) of the Convention, requiring that employers shall ensure that all accidents and dangerous occurrences are investigated and appropriate remedial action is taken in practice. As regards Article 5(2)(d) on the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences, the Committee refers to its comments adopted in 2020 concerning Article 11(c) of Convention No. 155. The Committee also requests the Government to provide further detailed information on the measures taken to ensure the application, in mines, of the employers’ duties contained in Articles 7 and 10.
Article 5(2)(f). Rights of workers and their representatives to be consulted on and participate in OSH measures. Further to its previous comments on procedures to implement the rights of workers and their representatives to be consulted on and participate in OSH measures (Article 5(2)(f)), the Committee notes that section 42 of the Labour Protection Act provides that OSH representatives may apply for assistance to the bodies in charge of state supervision over OSH, and have a right to participate and make appropriate proposals during inspections. The Committee also notes, however, the observations of the KVPU, alleging that the national legislation does not provide for mandatory and documented procedures to secure real forms of participation by workers’ and their representatives in consultations on OSH at the workplace. The Committee requests the Government to provide its comments in this respect and to provide further information on the establishment of effective procedures to ensure the implementation of the rights of workers and their representatives to be consulted on OSH matters, and to participate in measures, relating to safety and health at the workplace in accordance with the provisions of the Article.
The Committee is raising other matters in a request addressed directly to the Government.
[The Government is asked to reply in full to the present comments in 2022.]

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

Article 3 of the Convention. Policy on safety and health in mines. The Committee notes the Government’s indication in its report, in response to the Committee’s request, concerning the measures taken in the framework of the 2011–15 programme for improving occupational safety in coal mining and mine construction enterprises, the applicable legal provisions concerning occupational safety and health (OSH) in mines, as well as the guidance document entitled “The System for Operational and Occupational Safety Management of the Coal Sector in Ukraine”. The Committee also notes that the Government is working with the ILO to improve OSH and mining safety. In this regard, it notes that one of the expected outputs of the EU–ILO Project “Enhancing the Labour Administration Capacity to Improve Working Conditions and Tackle Undeclared Work” is to provide a set of recommendations to align the national legislation on OSH with EU and ILO standards. The Committee also notes the training provided, with ILO assistance, to workers in mines in 2018. However, the Committee also notes that the Government has not provided the requested information on the outcome of consultations held with the most representative organizations of employers or workers on OSH in mines. The Committee requests the Government to provide further information on the activities undertaken, including in the context of ILO assistance, concerning safety and health in mines. The Committee also once again requests the Government to provide information on the consultations held with the most representative organizations of employers and workers in the carrying out and periodic review of a coherent policy on safety and health in mines, including the outcome of such consultations.
Articles 4 and 5(2)(f). National laws and regulations giving effect to the Convention. Rights of workers and their representatives to be consulted and to participate as regards OSH matters. The Committee notes that the Government provides the text of the Safety Regulations in Coal Mines, as requested by the Committee, which according to the Government is the most important legislation as regards OSH in mines. The Committee notes that these Regulations contain detailed provisions on safety precautions, but do not contain any specific provisions on the consultation or participation of workers. The Committee also notes the Government’s indication that there are currently around 800 OSH laws and regulations in the coal sector. In this respect, the Committee notes the Government’s reference, in response to the Committee’s request, to collective agreements to be concluded at the enterprise level, which according to the Government provide that workers or their representatives are provided with information on OSH, are consulted with regard to decisions affecting their interests with a view to enabling their participation in joint decision-making as well as the establishment and implementation of measures relating to OSH. The Committee recalls that, in accordance with Articles 4(1) and (2)(f) of the Convention, the establishment of effective procedures to ensure the implementation of the rights of workers and their representatives to be consulted and to participate in measures relating to safety and health at the workplace shall be provided for in laws and regulations. The Committee requests the Government to indicate any specific legislative or regulatory provisions establishing such procedures, and if no such provisions have been adopted, to take the necessary measures to ensure their adoption in their near future. In the meantime, the Committee requests the Government to indicate the number of mines in which collective agreements have been concluded which provide for the rights of consultation and participation of workers and their representatives in OSH matters.
Article 6. Employers’ obligations to eliminate or minimize risks. The Committee notes the Government’s indication, in response to its previous request, concerning the obligations of employers to ensure that an OSH management system is in place. In this regard, the Committee notes that section 13 of the OSH Act provides that employers shall maintain a system of safety management, which includes their obligation to eliminate the causes of occupational accidents and occupational diseases and implement preventive measures, organize occupational safety audits, assess working conditions and evaluate technical conditions of equipment and facilities. The Committee takes note of this information.
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 under section IV(3) of the Safety Regulations in Coal Mines, on accident prevention, the director of the mine shall keep a record of all persons entering and exiting the mine and is responsible for establishing mechanisms for registration in this respect, as well as, in cases of accidents, for identifying any persons who did not exit the mine and taking steps to find them. The Committee urges that Government to take measures to ensure that whenever 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. It requests the Government to provide information on the measures taken in this respect.

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

Articles 5(1) and 16 of the Convention. Supervision of safety and health in mines, corrective measures and enforcement. The Committee notes that the State Labour Service (SLS) was created in 2014 and has assumed the functions of the former State Service of Mining Supervision. In this respect, the Committee refers its comments made this year under the Labour Inspection Convention, 1947 (No. 81), and the Inspection (Agriculture) Convention, 1969 (No. 129), concerning several restrictions on the powers of labour inspectors. The Committee notes that during the discussions in the Conference Committee on the Application of Standards on the application of Conventions Nos 81 and 129 by Ukraine in 2017 and 2018, some speakers indicated that the moratorium on labour inspection had particularly affected workers in mines, and that although inspections in mines had increased following a serious mining incident in March 2017 in western Ukraine (in which eight mining workers died and more than 20 were seriously injured), no information was available on the measures taken as a result of the great number of violations of safety and health standards in mines. The Committee also notes the information of 2016 contained in the observations made by the Confederation of Free Trade Unions of Ukraine (KVPU) on the application of the Protection of Wages Convention, 1949 (No. 95) received 31 August 2018, that the level of injuries at coal mining workplaces had increased by 40 per cent and the rate of fatal injuries had risen by 2.5 per cent. The Committee notes from the information provided by the Government to the ILO that in 2017, mining accounted for 18.9 per cent of the country’s work-related accidents, with 936 people were injured and 33 killed. Referring to its comment under Conventions Nos 81 and 129, the Committee requests the Government to provide information on the number of inspections undertaken in mines, the number of non-compliance issues detected and the issues to which they relate, as well as the remedial measures ordered and penalties imposed.
Articles 5(2)(c) and (d), 7 and 10(d). Procedures for investigating fatal and serious accidents and the compilation and publication of statistics. Appropriate remedial measures and measures taken to prevent future accidents by employers as a result of investigations. In its previous comment, the Committee noted that, in 2012, 3,654 workers were injured in mining accidents resulting in 125 deaths, and that 78.5 per cent of these accidents were due to organizational factors, 11.7 per cent to technical reasons and 9.8 per cent to psychological and other reasons. The Committee notes from the statistics on mining accidents provided by the Government in response to the Committee’s previous request that in 2014, in coal mines there were 2,034 occupational accidents with 99 fatalities, and in metal and non-metal mines, 220 work accidents, with 12 fatalities. The Committee also notes the information provided by the Government, in response to the Committee’s previous request concerning the procedure for the investigation of accidents, about the procedure for investigating and reporting accidents, occupational diseases and industrial incidents in the workplace, approved by Decision No. 1232 of the Cabinet of Ministers of 2011, which includes the obligation of employers to investigate accidents, analyse their causes and take measures to prevent future accidents. The Government also indicates that the State Labour Service undertakes a special investigation in the event of a fatal or serious accident, a group accident (an accident involving two or more people simultaneously), the disappearance of a worker while carrying out his or her duties, or the death of a worker in the workplace. However, the Committee notes that the Government has not provided the requested information on the measures taken to address the causes of accidents and the results of these measures. Since such information has not been provided, the Committee once again requests the Government to provide: (i) detailed information on the outcome of the procedures to investigate fatal and serious accidents, dangerous occurrences and disasters; (ii) information in relation to the various factors (organizational, technical and psychological) identified as causing these accidents; and (iii) information on the measures taken to address these causes and their results, including any corrective safety and health measures taken or contemplated. The Committee also requests the Government to continue to provide information on the incidence of occupational accidents, including fatal accidents, and also provide information on occupational diseases and dangerous occurrences.
The Committee is raising other matters in a request addressed directly to the Government.

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

Legislation. The Committee notes the adoption in 2013 of Regulation NPAOP 10.0-5.45-13 on “Instructions on preventing and localizing coal dust explosions” and Regulation NPAOP 0.00-1.66-13 on “Security regulations for handling explosive materials for industrial applications”.
Article 3 of the Convention. Policy on safety and health in mines. Further to its previous comment, the Committee notes from the Government’s report that under the National Social Programme on the improvement of Occupational Safety, Health and the Working Environment for 2014–18, a number of specific targets and implementing measures have been set for the mining sector, namely harmonizing national provisions with international and EU law requirements; improving working and health conditions; and preventing risks of work-related injuries and occupational diseases and accidents through the elaboration of recommendations and support to scientific and technical research in various fields. The Committee also notes the Government’s indication that regulations on occupational safety and health (OSH) are reviewed no less than once every ten years by the State Service for Mining Supervision (SSMS) with the participation of workers’ and employers’ organizations and the Social Accident Insurance Fund (SAIF). The Committee requests the Government to indicate the outcome of the consultations held with the most representative organizations of employers and workers, and to provide information on any concrete measures taken to implement the National Social Programme, and the results thereof.
Article 5(2)(f). Rights of workers and their representatives to be consulted and to participate as regards OSH matters. In reply to the Committee’s previous comment in which it noted the lack of information on the effect given to Article 5(2)(f) of the Convention, the Government indicates that Resolution No. 1232 of the Cabinet of Ministers of Ukraine of 30 November 2011 establishes procedures for the participation of workers in investigating accidents. The Committee recalls that Article 5(2)(f) has a broader scope as it requires the establishment of effective procedures to ensure the implementation of the rights of workers and their representatives to be consulted on matters and to participate in measures relating to safety and health at the workplace. The Committee requests the Government to indicate the legal provisions or other measures which ensure that workers and their representatives have a right to be consulted on matters and to participate in measures relating to safety and health.
Article 6. Employers’ obligations to eliminate or minimize risks. Further to its previous comment, the Committee notes the Government’s indication that under section IV of the Safety Regulations in Coal Mines (No. 398/17693 of 17 June 2010), each workplace shall have technological project documentation which contains the set of technical and health and safety measures relating to the protection of workers’ health by preventing or limiting the adverse effects of hazardous and harmful production factors, thereby decreasing the risk of developing occupational and work-related diseases. However, it notes that the report does not contain information as to the order of priority in which employers shall assess and address occupational risks. The Committee requests the Government to indicate the measures taken to ensure that in developing preventive and protective measures, employers assess and address risks in accordance with the order of priority prescribed by this Article of the Convention.
Article 10(c) and (d). Investigation and report on accidents and dangerous occurrences. Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. Further to its previous comment, the Committee notes from the Government’s report that under section IV of the Safety Regulations in Coal Mines, the director of the mine shall keep a record of all persons entering and exiting the mine and that pursuant to section 22 of the Labour Protection Act and Resolution No. 1232, a procedure has been established to register and investigate accidents and emergencies. The Government also indicates that under section IV of the Safety Regulations and section 44 of the Labour Protection Act, the owner of the mine assumes primary responsibility for the safety of operations, when two or more employers undertake activities at the same mine. The Committee requests the Government to supply a copy of the Safety Regulations in Coal Mines.
[The Government is asked to reply in detail to the present comments in 2016.]

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

Articles 5(2)(c) and (d), 7, 10(a) and 16 of the Convention. Procedures for reporting and investigating fatal and serious accidents, compilation and publication of statistics, measures to be taken by employers, training and instruction, and enforcement. The Committee notes from the Government’s report that, in 2013, the State Service of Mining Supervision (SSMS) conducted 144,150 inspection visits during which inspectors identified 1,489,190 violations, issued 67,975 stop-work orders and imposed 83,278 fines. It further takes note of the statistics on occupational accidents for 2012, according to which 3,613 accidents were reported in the mining sector, of which 117 were fatal. Some 3,654 workers have been injured at the workplace and 125 of them died. According to the Government’s report, 78.5 per cent of workplace accidents were due to organizational factors, 11.7 per cent to technical reasons and 9.8 per cent to psychological and other reasons. The Committee requests the Government to provide detailed information on the application of the procedures adopted to investigate fatal and serious accidents, and the dangerous occurrences and disasters in relation to the mining sector that occurred in 2012. In particular, the Committee requests more detailed information in relation to the various factors (organizational, technical and psychological) identified as causing these accidents. The Committee further requests detailed information on any measures taken to address these causes and the results thereof. In particular, the Committee requests the Government to provide information on the application in practice of Article 10(d) of the Convention relating to the obligation of employers to ensure that all accidents are investigated and appropriate remedial action taken. While noting the information on stop-work orders and fines, the Committee requests more detailed information on any action, such as those outlined in Article 16 of the Convention, taken by the Government in relation to these accidents, including the imposition of any penalties and corrective measures, and supervision by the inspectorate. Finally, the Committee requests the Government to continue to provide detailed information on accidents, occupational diseases and dangerous occurrences, compiled in accordance with Article 5(2)(d), and information on the implementation of measures in accordance with Article 7.
[The Government is asked to reply in detail to the present comments in 2016.]

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Legislation. The Committee notes the information provided by the Government regarding the legislation which gives effect to the Convention. The Committee asks the Government to submit, along with its next report, the text of the specific dispositions which give effect to the relevant Articles of the Convention, if possible in one of the working languages of the ILO.
Article 3 of the Convention. A coherent policy on safety and health in mines. The Committee notes from the Government’s report that, having taken into account the national conditions and practice and following consultations with responsible representative organizations of employers and workers, the State is developing, implementing and periodically revising its policy regarding mine safety and hygiene, especially with respect to measures for fulfilling the provisions of the Convention. The Committee notes that the state policy for labour protection in mines is determined by article 3 of the Mining Act of Ukraine and that it seems to cover a wide range of topics and provide numerous safeguards. The Committee also notes from the Government’s report that new regulatory and legal acts relating to labour protection are being developed and adopted and existing ones revised and repealed by the State Technical Supervisory Service of Ukraine, with the participation of trade unions and the Social Accident Insurance Fund. The Committee requests the Government to provide information on the measures taken to ensure the implementation of the relevant national policy in practice. The Committee further requests the Government to indicate the most representative organizations of employers and workers concerned that were consulted and the outcome of the consultations held. It also asks the Government to provide further information on the revision of regulatory and legal acts relating to labour protection.
Article 5. Regulation and monitoring of various aspects of safety and health in mines. The Committee notes the information in the Government’s report that investigation and recording of accidents, occupational diseases and industrial accidents are carried out in accordance with the Procedure approved by Resolution No. 1232 of the Cabinet of Ministers of Ukraine of 30 November 2011; however, no information is provided regarding the compilation of statistics, or the establishment of effective procedures to ensure the implementation of the rights of workers and their representatives to be consulted on matters and to participate in measures relating to safety and health at the workplace. The Committee also notes in the Government’s report that mining works are performed in accordance with designs and passports developed and approved in observance of the safety regulations, the technical operation rules and unified blasting works safety rules; and that the workers of mining enterprises are familiarized with the designs and passports in the manner specified by the safety regulations. The Committee requests the Government to provide information on the compilation and publication of statistics relating to dangerous occurrences. The Committee also asks the Government to explain in detail what is meant by “the designs and passports developed for mining works” as is referred to in its report.
Article 6. Employers’ obligations to eliminate or minimize risks. The Committee notes that the Government states in its report that production risks are prevented from materializing by eliminating existing breaches of the safety regulations in the workplace, on the routes to and from the workplace and that in conducting risk prevention and protection measures the employer assesses the risks and acts on them. The Committee requests the Government to indicate the provisions of the national legislation and other measures taken, ensuring that employers in all mines in the country take steps to assess and subsequently address risks in accordance with the order of priority prescribed in Article 6 of the Convention.
Article 10(c) and (d). Investigation and report on accidents and dangerous occurrences. The Committee notes that the Government has not provided information in its report on the legislative measures and other measures to give effect to Article 10(c) and (d) of the Convention. The Committee reminds the Government that it is essential, regardless of the system, to know at all times the name and location of persons underground, and asks the Government to state whether the mechanisms currently applied allow these objectives to be met, and, if not, to reconsider the matter when reviewing the national policy and to examine, with the social partners, the possibility of giving effect to this provision of the Convention in a more explicit manner, and to provide information in this regard. Furthermore, the Committee requests the Government to indicate the legislative or practical measures taken, so that employers ensure that all accidents and dangerous occurrences are investigated and that appropriate remedial action is taken following dangerous occurrences.
Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same time. The Committee notes the information in the Government’s report that if two or more employers carry out work at once and the same mine, the employer responsible for the mine co-ordinates all measures associated with the workers’ labour safety and health and bears the main liability for work safety. This does not release each of the employers from responsibility for all measures associated with the workers’ labour safety and hygiene. The Committee requests the Government to indicate the specific provisions of national legislation according to which the employer in charge of the mine is held primarily responsible for the safety of operations, when two or more employers undertake activities at the same mine.
Article 16 and Part V of the report form. Inspection services and application in practice. The Committee notes the information in the Government’s report that all necessary steps are taken, including appropriate sanctions and corrective measures, for the purpose of procuring practical implementation of the provisions of the enterprise’s safety regulations, this being regulated by article 10 of the Mining Act of Ukraine and the Labour Protection Act. The Committee requests the Government to supply relevant extracts from inspection reports including information on the number and the nature of the infringements reported, as well as information on sanctions imposed. It also requests the Government to give a general appreciation of the manner in which the Convention is applied in the country.
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