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Occupational Safety and Health (OSH)

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Ukraine - 2013

Themes

1 Description of national OSH regulatory framework
- 1.1 Description of OSH regulatory framework
  Summary/citation: The Labour Code of 10 December 1971 and the Act on Labour Protection of 14 October 1992 are the main occupational safety and health laws of Ukraine. Chapter XI of the Labour Code contains provisions on occupational safety and health. The Act on Labour Protection supplements the occupational safety and health provisions of the Labour Code. This Act lays down the basic provisions related to the constitutional right of workers to be protected in the course of work and to work in adequate, safe and healthy conditions, and regulates, with the participation of the relevant state authorities, the relations between employers and workers on occupational safety and health matters and the working environment. The powers of the state labour inspectors are laid down in Article 39 of the Act on Labour Protection. Legal provisions on the protection of workers from specific occupational risks or hazards are contained in various separate legislative enactments such as: the Act on Pesticides and Agrochemicals, the Act on Protection of Human Being from the Effects of Ionizing Radiation, the Act on Counteraction to the Spread of Diseases Caused by the Human Immunodeficiency Virus (HIV) and the Legal and Social Protection of People Living with HIV, the Act on Fire Safety, and the Act on Measures to Prevent and Reduce the Use of Tobacco Products and Their Harmful Effects on the Health of the Population. The Code on Administrative Offences and the Penal Code provide for penalties for violations of laws and regulations concerning occupational safety and health.
  • Act of Ukraine on Measures to Prevent and Reduce the Use of Tobacco Products and Their Harmful Effects on the Health of the Population, No. 2899-IV, of 22 September 2005
  • Penal Code of 5 April 2001 No. 2341-III.
  • Act of Ukraine on Protection of Human Beings from the Effects of Ionizing Radiation, No. 15/98-VR of 14 January 1998
  • Act of Ukraine on Pesticides and Agrochemicals, No. 86/95-VR of 2 March 1995
  • Act of Ukraine on Fire Safety, No. 3745-XII of 17 December 1993
  • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation).
  • Act of Ukraine on Counteraction to the Spread of Diseases Caused by the Human Immunodeficiency Virus (HIV) and the Legal and Social Protection of People Living with HIV, No. 1972-XII of 12 December 1991
  • Code of Ukraine on Administrative Offences of 7 December 1984
  • Labour Code of 1972, as amended.
2 Scope, coverage and exclusions
- 2.1 Health and safety covers physical and psychological health
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  • Occupational Health Services Convention, 1985 (No. 161) Direct Request 2020
- 2.2 Definition of worker
  Summary/citation: Worker is a person who carries out duties or functions in an enterprise, organization or institution under an employment contract.
  • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 1)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 2.2.1 Coverage of particular categories of workers
    Sometimes.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
    - 2.2.1.1 Migrant workers
      Summary/citation: The scope of application of this Act covers all employers (legal and natural persons, who in accordance with the legislation hire workers) and all workers.
      • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 2)
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
    - 2.2.1.2 Domestic workers
      Summary/citation: Worker is a person who carries out duties or functions in an enterprise, organization or institution under an employment contract.
      Remarks / comments: Domestic workers are excluded from the definition of worker.
      • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 1)
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
    - 2.2.1.3 Home workers
      Summary/citation: Worker is a person who carries out duties or functions in an enterprise, organization or institution under an employment contract.
      Remarks / comments: Home workers are included within the scope of OSH legislation whenever they perform their duties within the frame of an employment contract with an enterprise, organization or institution.
      • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 1)
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
    - 2.2.1.4 Self-employed persons
      Summary/citation: Worker is a person who carries out duties or functions in an enterprise, organization or institution under an employment contract.
      Remarks / comments: Self-employed persons are excluded from the definition of worker.
- 2.3 Definition of employer
  Summary/citation: Employer is the owner of an undertaking, establishment, organization or their authorized body, regardless of forms of ownership, type of activity, and management, including individuals, who employ workers.
  • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 1)
- 2.4 Exclusion of branches of economic activity
  Sometimes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 2.4.1 Agriculture
    Summary/citation: Included.
    Remarks / comments: Since this law defines the employer as the owner of an undertaking, establishment, organization or their authorized body, regardless the type of activity, OSH legislation shall apply also to undertakings operating in the agriculture sector.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 1)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2020
  - 2.4.2 Construction
    Summary/citation: Included.
    Remarks / comments: Since this law defines the employer as the owner of an undertaking, establishment, organization or their authorized body, regardless the type of activity, OSH legislation shall apply also to undertakings operating in the construction sector.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 1)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 2.4.3 Services
    Summary/citation: Included.
    Remarks / comments: Since this law defines the employer as the owner of an undertaking, establishment, organization or their authorized body, regardless the type of activity, OSH legislation shall apply also to undertakings operating in the services sector.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 1)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 2.4.4 Public sector
    Summary/citation: Included.
    Remarks / comments: Since this law defines the employer as the owner of an undertaking, establishment, organization or their authorized body, regardless the type of activity, and it does not exclude expressly public sector, OSH legislation shall apply also to undertakings operating in the public sector.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 1)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 2.4.5 Other
    Summary/citation: The OSH legislation does not exempt any sectors/branches of economic activity.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 1)
    Related CEACR Comments
    • Safety and Health in Mines Convention, 1995 (No. 176) Observation 2020
    • Safety and Health in Mines Convention, 1995 (No. 176) Direct Request 2020
- 2.5 Definition of occupational accident
  No data available.
- 2.6 Definition of occupational disease
  No data available.
  - 2.6.1 List of occupational diseases
    No data available.
  - 2.6.2 Mechanism for compensating other diseases as occupational ones
    No data available.
3 Institutions and programmes relating to OSH administration and/or enforcement
- 3.1 Competent national authority for safety and health at work
  Summary/citation: The central body of the executive power implementing the state policy in the field of occupational safety and health has the power to exercise comprehensive administration of occupational safety and health at the national level, implement the state policy in this area and monitor the execution of functions of state administration of occupational safety and health by ministries and other central bodies of the executive power, the Council of Ministers of the Autonomous Republic of Crimea, local state administrations and local self-government bodies.
  • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 33)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 3.1.1 Objectives, roles and/or functions
    Summary/citation: The central body of the executive power implementing the state policy in the field of occupational safety and health has the power to exercise comprehensive administration of occupational safety and health at the national level, implement the state policy in this area and monitor the execution of functions of state administration of occupational safety and health by ministries and other central bodies of the executive power, the Council of Ministers of the Autonomous Republic of Crimea, local state administrations and local self-government bodies.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 33)
  - 3.1.2 Chairperson and composition
    No data available.
- 3.2 National OSH research programme or institute
  No data available.
  - 3.2.1 Objectives, roles and/or functions
    No data available.
  - 3.2.2 Governance board constitution and chairmanship
    No data available.
  - 3.2.3 Source of funding
    No data available.
- 3.3 National OSH programme
  Summary/citation: The central body of the executive power implementing the state policy in the field of occupational safety and health has the power to formulate with the participation of ministries, other central bodies of the executive power, the Social Security Fund for Accidents, Ukrainian associations of employers and trade unions, a national program for the improvement of occupational safety and health conditions and the working environment, and monitor its execution.
  • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 33)
  - 3.3.1 Consultation on the national OSH programme
    Summary/citation: The national program for improvement of occupational safety and health conditions and working environment is formulated with the participation of ministries, other central bodies of the executive power, the Social Security Fund for accidents, Ukrainian associations of employers and trade unions.
    • Act of Ukraine on Measures to Prevent and Reduce the Use of Tobacco Products and Their Harmful Effects on the Health of the Population, No. 2899-IV, of 22 September 2005 (Art. 33)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
4 Employers’ duties and responsibilities to protect the safety and health of workers and others
- 4.1 Duty to ensure the health and safety of employees
  Summary/citation: Employers have a duty to ensure compliance with legislation related to the occupational safety and health rights of workers.
  • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 13)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 4.2 Duty to protect the health and safety of people other than their own employees
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 4.3 Collaboration among two or more employers at the same workplace
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 4.4 Surveillance of workers’ health in relation to work
  Summary / Citation: Employers must at their own expense ensure financing and carrying out of a preliminary (prior admission to work) and periodic (in the course of work) medical examinations of workers engaged in hard work, work where harmful or dangerous working conditions are present and work which require professional selection, and yearly compulsory medical examination of persons under the age of 21.
  • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 17)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 4.4.1 Specific hazards for which surveillance is required
    No data available.
- 4.5 Surveillance of the working environment and working practices
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 4.6 Duty to provide personal protective equipment
  Summary / Citation: Workers engaged in occupations with harmful and dangerous working conditions, as well as occupations related to pollution or adverse weather conditions, must be provided with special clothing and footwear, and other personal protective equipment and means of hygiene, as well as means for rendering working conditions safe at no cost for workers, in accordance to established norms. The employer must ensure at his/her own expense purchase and maintenance of personal protective equipment in accordance with laws and regulations on occupational safety and health and collective agreements.
  • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 8)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2020
- 4.7 Duty to ensure the usage of personal protective equipment
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 4.8 Duty to provide first-aid and welfare facilities
  Sometimes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 4.8.1 Arrangements for first-aid
    Summary / Citation: Employers must take urgent measures to assist victims of occupational accidents and engage, if necessary, professional rescue teams in the event of emergencies and accidents in the undertaking.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 13)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 4.8.2 Sanitary installations
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2020
  - 4.8.3 Drinking water
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2020
  - 4.8.4 Rest and eating areas
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices
- 5.1 Elements of an OSH management system
  Sometimes.
  - 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety
    Summary/citation: The owner or the body authorized by him/her must, with the participation of trade unions, implement comprehensive measures concerning occupational safety and health in accordance with the Act on Labour Protection. The plan with measures on occupational safety and health is included in the collective agreement.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation).
    • Labour Code of 1972, as amended. (Art. 161)
  - 5.1.2 Appointment of a person for health and safety
    Summary/citation: The employer must create appropriate services and appoint officials who shall provide solutions for specific occupational safety and health issues, approve instructions with regard to their duties and rights for the execution of their functions and monitor compliance with them.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 13)
  - 5.1.3 Written risk assessment
    No data available.
  - 5.1.4 Safe operating work systems and procedures
    Summary/citation: The employer shall monitor compliance with rules on handling of machines, equipment and other means of production, the use of collective and individual protection and the execution of works in accordance with protection requirements.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 13)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 5.1.5 Training and information on risks
    Summary/citation: When concluding employment agreements, the employer must inform workers, against signed receipt, on working conditions and on the existence at the workplace of occupational hazards and risks, which are not eliminated yet, on the possible consequences for the workers’ health, and on the worker’s rights to benefits and compensations for carrying out work in such conditions, in accordance with the legislation and the collective agreement.
    Workers at the time of taking up a job and in the course of work must be instructed, trained at the expense of the employer on occupational safety and health issues, on first aid provision to victims of occupational accidents and on rules of conduct in the event of an emergency.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Arts. 5, 18)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 5.1.6 Review or assessment of the results of preventive measures
    Summary/citation: The employer must carry out audit of occupational safety and health conditions, assessment of the technical condition of manufacturing machinery and equipment, attestations of workplaces for compliance with laws, and regulations on occupational safety and health, in the manner and timeframes determined by legislation, and on the basis of obtained results, must take the necessary measures to eliminate occupational risks and hazards.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 13)
  - 5.1.7 Consultation with workers in health and safety
    Summary/citation: The employer shall provide workers with information on safe working practices and shall set up cooperation with workers in the field of OSH.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 13)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 5.2 Obligation to implement a specific OSH management system or standard
  Summary/citation: The employer shall ensure the functioning of the OSH management system including elements specified in the law.
  • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 13)
6 Employers’ duty to ensure availability of expertise and competence in health and safety
- 6.1 OSH competence
  Yes.
  Related CEACR Comments
  • Occupational Health Services Convention, 1985 (No. 161) Direct Request 2020
  - 6.1.1 Requirement to access expert advice and/or support in health and safety
    Summary / Citation: In undertakings with less than 20 workers to perform functions of an occupational safety and health service, outside experts with appropriate training can be invited on contractual basis.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 15)
    Related CEACR Comments
    • Occupational Health Services Convention, 1985 (No. 161) Direct Request 2020
    - 6.1.1.1 Qualifications of experts or professional services
      No data available.
      Related CEACR Comments
      • Occupational Health Services Convention, 1985 (No. 161) Direct Request 2020
- 6.2 Appointment of an OSH practitioner
  Summary/citation: In undertakings with 50 or more workers, the employer must create occupational safety and health service in accordance with a model provision which is approved by the central body of the executive power ensuring the formulation of the state policy in the field of occupational safety and health.
  • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 15)
  - 6.2.1 Workforce size threshold for the appointment of OSH practitioners
    Summary/citation: In undertakings with 50 or more workers, the employer must create occupational safety and health service in accordance with a model provision which is approved by the central body of the executive power ensuring the formulation of the state policy in the field of occupational safety and health.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 15)
7 Workers' rights and duties
- 7.1 Duty to take reasonable steps to protect their own safety and health
  Summary / Citation: Workers have the duty to take care of their own safety and health, and also of the safety and health of surrounding people in the course of performing any work or while being present at the workplace.
  • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 14)
- 7.2 Duty to take reasonable steps to protect the safety and health of others
  Summary / Citation: Workers have the duty to take care of their own safety and health, and also of the safety and health of surrounding people in the course of performing any work or while being present at the workplace.
  • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 14)
- 7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others
  No data available.
- 7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others
  No data available.
- 7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety
  No data available.
- 7.6 Duty to comply with OSH-related requirements
  Summary / Citation: The worker has the duty to be aware and comply with requirements of the laws and regulations on occupational safety and health, rules for handling plants, machinery, equipment and other means of production, and use collective and personal protective equipment.
  • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 14)
- 7.7 Right to enquire about risks and preventive measures
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 7.8 Right to remove themselves from a dangerous situation
  Summary / Citation: Workers have the right to refuse performing assigned work if there is a situation presenting a danger to their life or health, to the life or health of the people surrounding them, or to the working environment.
  • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 6)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 7.9 Right to be reassigned to non-hazard work
  Summary / Citation: The employer must transfer the worker who, for health reasons, in accordance with a medical report, needs to perform in lighter working conditions, with the consent of the worker and for the time specified in the medical report, and, if necessary, establish a reduced working day and organize training sessions for the worker to obtain another profession in accordance with the law.
  • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 6)
  - 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work
    No data available.
8 Consultation, collaboration and co-operation with workers and their representatives
- 8.1 National OSH committee, commission, council or similar body
  No data available.
  - 8.1.1 Objectives, roles and/or functions
    No data available.
  - 8.1.2 Constitution and chairmanship modalities
    No data available.
- 8.2 Employers’ duty to consult workers on risks
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 8.3 Workers’ right to select their representatives for health and safety matters
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 8.3.1 Workforce size conditions for workers’ representation in health and safety
    No data available.
  - 8.3.2 Conditions of eligibility to represent workers in health and safety
    No data available.
- 8.4 OSH representatives’ functions, rights and powers
  Sometimes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 8.4.1 Right to inspect the workplace
    Summary / Citation: Workers’ representatives on occupational safety and health have the right to check the fulfilment of requirements on occupational safety and health in undertakings.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 42)
  - 8.4.2 Right to access OSH information
    Summary / Citation: Workers and/or their representatives must be provided with access to information and documents, which contain the results of attestations of workplaces, the preventive measures planned by the employer, the results of investigation, record and analysis of occupational accidents and occupational diseases, and the reports on these issues, as well as to the notifications, representations, and orders of the bodies of state supervision of occupational safety and health.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 23)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 8.4.3 Right to be present at interviews
    No data available.
  - 8.4.4 Right to receive professional assistance from OSH experts
    No data available.
  - 8.4.5 Right to accompany inspectors
    Summary / Citation: Workers’ representatives on occupational safety and health have the right to participate and to make appropriate proposals during inspections carried out by the bodies of state supervision of occupational safety and health in undertakings or in individuals’ businesses who in accordance with the law engage workers.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 42)
  - 8.4.6 Right to use facilities
    No data available.
  - 8.4.7 Right to have time off work with pay to perform duties
    Summary / Citation: Employers must at their own expense organize training, provide workers' representatives on occupational safety and health with necessary means and exempt them from work for the period provided by the collective agreement with preservation of their average salary.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 42)
  - 8.4.8 Right to issue remedial notices
    Summary / Citation: Workers’ representatives on occupational safety and health have the right to make proposals to eliminate revealed violations of the laws and regulations on occupational safety and health, which shall be considered by the employer.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 42)
  - 8.4.9 Right to resolve OSH issues in consultation with employers
    No data available.
  - 8.4.10 Right to direct that dangerous work cease
    No data available.
- 8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace
  No data available.
  - 8.5.1 Right to enter the workplace
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 8.5.2 Right to investigate suspected non-compliance with OSH legislation
    No data available.
  - 8.5.3 Right to consult with workers
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 8.5.4 Right to advise workers
    No data available.
  - 8.5.5 Right to initiate enforcement action
    No data available.
- 8.6 Joint OSH Committee
  Summary / Citation: A commission on occupational safety and health can be created by the decision of workers’ collective to ensure proportional participation of workers in the decision making process on any issues related to occupational safety and health and working environment.
  • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 16)
  - 8.6.1 Participation of workers’ representatives in joint OSH committee
    Summary / Citation: The commission is composed of the employer's representatives and the trade union, as well as of an authorized workers’ representative, experts in safety and health, and other services of the enterprise, in accordance with the model provision approved by the central executive authority responsible for formulating public policy in the field of occupational safety and health.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 16)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 8.6.2 Conditions for establishing a joint OSH committee
    No data available.
  - 8.6.3 Objectives, roles and/or functions of joint OSH committees
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 8.6.4 Keeping record of the work of joint OSH committees
    No data available.
  - 8.6.5 Sharing the minutes of joint OSH committees meetings
    No data available.
- 8.7 Mandatory training for members of joint OSH committee(s)
  Summary / Citation: Employers must at their own expense organize training, provide persons authorized by workers to represent them on occupational safety ad health issues with necessary means and exempt them from work, for the time provided for by the collective agreement with preservation of their average salary.
  • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 42)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 8.8 Protection against reprisals
  Summary / Citation: It is prohibited to infringe any legitimate interests of workers’ representatives in connection with their duties in occupational safety and health. Dismissing them or placing them under disciplinary procedures, or holding them liable for material damages can be done only with the consent of workers and in the manner determined by the collective agreement.
  • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 42)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
9 Specific hazards or risks
- 9.1 Biological hazards
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 9.2 Chemical hazards
  Sometimes.
  - 9.2.1 Handling, storage, labelling and use
    Yes.
    • Act of Ukraine on Pesticides and Agrochemicals, No. 86/95-VR of 2 March 1995 (Arts. 9-15)
    Related CEACR Comments
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 9.2.3 Pesticides
    Yes.
    • Act of Ukraine on Pesticides and Agrochemicals, No. 86/95-VR of 2 March 1995 (Arts. 9-15)
    Related CEACR Comments
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2020
- 9.3 Ergonomic hazards
  No data available.
  Related CEACR Comments
  • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2020
- 9.4 Physical hazards
  Sometimes.
  - 9.4.1 Ionising radiation
    Yes.
    • Act of Ukraine on Protection of Human Beings from the Effects of Ionizing Radiation, No. 15/98-VR of 14 January 1998 (Art. 13)
    Related CEACR Comments
    • Radiation Protection Convention, 1960 (No. 115) Direct Request 2021
  - 9.4.2 Vibration and noise
    No data available.
    Related CEACR Comments
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2020
  - 9.4.3 Working at height
    No data available.
  - 9.4.4 Working in confined spaces
    No data available.
  - 9.4.5 Risks arising from poor maintenance of workplace facilities
    No data available.
    Related CEACR Comments
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2020
  - 9.4.6 Exposure to extreme temperatures
    No data available.
    Related CEACR Comments
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2020
  - 9.4.7 Fire risks
    Yes.
    • Act of Ukraine on Fire Safety, No. 3745-XII of 17 December 1993 (Art. 5)
  - 9.4.8 Tobacco
    Yes.
    • Act of Ukraine on Measures to Prevent and Reduce the Use of Tobacco Products and Their Harmful Effects on the Health of the Population, No. 2899-IV, of 22 September 2005 (Art. 13)
  - 9.4.9 Asbestos
    No data available.
  - 9.4.10 Risks related to nanotechnology
    No data available.
  - 9.4.11 Contraction of HIV in the workplace
    Yes.
    • Act of Ukraine on Counteraction to the Spread of Diseases Caused by the Human Immunodeficiency Virus (HIV) and the Legal and Social Protection of People Living with HIV, No. 1972-XII of 12 December 1991 (Art. 20)
- 9.5 Psychosocial hazards
  No data available.
  - 9.5.1 Psychosocial risks
    No data available.
  - 9.5.2 Occupational violence
    No data available.
- 9.6 Other hazardous substances
  No data available.
- 9.7 Machineries
  Sometimes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 9.7.1 Risks related to machinery and tools
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
    • Guarding of Machinery Convention, 1963 (No. 119) Observation 2009
    • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2020
  - 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries
    Summary / Citation: Buildings, installations, plants, machinery, equipment, and vehicles which are put into operation after construction (manufacturing) or reconstruction, repair, etc., and technological processes must comply with requirements set out in the laws and regulations on occupational safety and health.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 21)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
    • Guarding of Machinery Convention, 1963 (No. 119) Observation 2009
    • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2020
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2020
  - 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2020
    • Guarding of Machinery Convention, 1963 (No. 119) Observation 2009
    • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2020
  - 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated
    Summary / Citation: The employer must obtain permission to perform hazardous works and to operate or use high-risk plants, machinery, and equipment. The central executive body implementing the state policy on OSH issues permits related to occupational safety and health. With regard to high-risk plants, machinery, and equipment the producer or the supplier shall receive permission before assuming obligations for delivery.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 21)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
    • Guarding of Machinery Convention, 1963 (No. 119) Observation 2009
    • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2020
  - 9.7.5 Maintenance of machinery and equipment
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2020
    - 9.7.5.1 List of equipment where applicable
      No data available.
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 9.8 Provisions to protect workers in specific condition of vulnerability
  Yes.
  - 9.8.1 Protection of pregnancy at work
    Summary / Citation: Rates of output and service standards must be reduced for pregnant women in accordance with a medical report, or they must be transferred to another job, which is easier and excludes any occupational risks or hazards, with reservation of the average salary from previous work.
    • Labour Code of 1972, as amended. (Art. 178)
    Related CEACR Comments
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2020
  - 9.8.2 Protection of lactating women at work
    Summary / Citation: In addition to standard breaks, the working women who have children under the age of 1.5 years must be granted breaks to feed the child.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 183)
    Related CEACR Comments
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2020
  - 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts
    Summary / Citation: It is forbidden to employ women in intensive work and work with harmful or dangerous conditions, underground work (except for non-physical work and work related to sanitary and consumer service), work which involves lifting and moving objects with a weight exceeding the maximum permissible standards.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 10)
    Related CEACR Comments
    • Underground Work (Women) Convention, 1935 (No. 45) Direct Request 2015
  - 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age
    Summary / Citation: It is prohibited to engage minors in intensive work and work with harmful or dangerous conditions, underground work, during night shifts, overtime and during rest days, as well as work which involves lifting and moving objects with a weight exceeding the maximum permissible standards.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 10)
    Related CEACR Comments
    • Minimum Age Convention, 1973 (No. 138) Observation 2020
    • Minimum Age Convention, 1973 (No. 138) Direct Request 2020
    • Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79) Direct Request 2007
10 Recording, notification and investigation of accidents/incidents and diseases
- 10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases
  Sometimes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 10.1.1 Work-related accidents
    Summary / Citation: The employer must conduct investigation and keep record of occupational accidents, occupational diseases and emergencies in accordance with the regulations, which are approved by the Cabinet of Ministers of Ukraine in consultation with the Ukrainian associations of trade unions.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 22)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 10.1.2 Near miss incidents
    No data available.
  - 10.1.3 Occupational diseases
    Summary / Citation: The employer must conduct investigation and keep record of occupational accidents, occupational diseases and emergencies in accordance with the regulations, which are approved by the Cabinet of Ministers of Ukraine in consultation with the Ukrainian associations of trade unions.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 22)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health
  No data available.
  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2021
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
11 OSH inspection and enforcement of OSH legislation
- 11.1 Appointment of OSH inspectors
  Summary / Citation: The state supervision of compliance with laws and regulations on occupational safety and health is exercised by the central body of the executive power, responsible for implementing the state policy in the area of occupational safety and health.
  • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 38)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
- 11.2 OSH inspectors’ powers
  Sometimes.
  - 11.2.1 Power to enter workplaces
    Summary / Citation: The officials of the central body of the executive power, implementing the state policy in the field of occupational safety and health have the right to visit freely undertakings liable to inspection, individuals’ businesses, which in accordance with the legislation engage workers, and to carry out in the presence of the employer or his/her representative examination of compliance with the legislation on matters falling within their competence.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 39)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2021
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  - 11.2.2 Power to inspect and carry out any examination, test or enquiry
    Summary / Citation: The officials of the central body of the executive power, implementing the state policy in the field of occupational safety and health have the right to receive from the employer and officials written or oral explanations, conclusions of expert surveys, audits, materials and information on related questions such as the causes of the violations of legislation and measures taken for their elimination.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 39)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2021
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  - 11.2.3 Power to investigate
    No data available.
  - 11.2.4 Duty to provide advice on OSH
    No data available.
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2021
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
- 11.3 OSH inspectors’ enforcement powers
  Sometimes.
  - 11.3.1 Power to issue orders or notices
    Summary / Citation: The officials of the central body of the executive power, implementing the state policy in the field of occupational safety and health have the right to issue in accordance with an established procedure to employers, managers and other officials of entities and individuals, who according to legislation employ workers, ministries and other central authorities of executive power, the Council of Ministers of the Autonomous Republic of Crimea, local public administrations and local governments, obligatory for execution injunctions (orders) on elimination of violations and shortcomings in the area of occupational safety and health, protection of mineral resources, and safe operation with hazardous objects.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 39)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2021
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  - 11.3.2 Power to impose financial penalties
    Summary / Citation: The officials of the central body of the executive power, implementing the state policy in the field of occupational safety and health have the right to subject workers responsible for violating legislation on occupational safety and health to administrative liability.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 39)
  - 11.3.3 Power to revoke or suspend licenses or authorisations
    Summary / Citation: The officials of the central body of the executive power, implementing the state policy in the field of occupational safety and health have the right to revoke or terminate authorizations and licenses issued by them until elimination of violations endangering the life of workers.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 39)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2021
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  - 11.3.4 Power to require the cessation of dangerous work
    Summary / Citation: The officials of the central body of the executive power, implementing the state policy in the field of occupational safety and health have the right to prohibit, suspend, terminate, limit the operation of undertakings, individual production units, shops, sites, workplaces, buildings, structures, premises, production and operation of plants, machinery, equipment, transport and other means of labour, performance of certain works, application of new hazardous substances, and sale of products.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 39)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2021
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  - 11.3.5 Power to initiate prosecutions
    Summary / Citation: The officials of the central body of the executive power, implementing the state policy in the field of occupational safety and health have the right to bring to the attention of employers the unsuitability of certain officials to their occupying position, and transfer materials to bodies of the prosecutor's office to bring these individuals to justice, in accordance with the law.
    • Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation). (Art. 39)
  - 11.3.6 Power to conduct prosecutions
    No data available.
  - 11.3.7 Other enforcement powers
    No data available.
- 11.4 Application of sanctions by courts
  Yes.
  - 11.4.1 Financial penalties for legal persons
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 11.4.2 Financial penalties for natural persons
    Summary / Citation: Minimum financial penalty for individuals is 4 tax-free minimum incomes of citizens;
    Maximum financial penalty for individuals is 200 tax-free minimum incomes of citizens;
    Violations of laws and regulations on occupational safety and health shall be punishable with imposition of a fine on workers from 4 to 10 tax-free minimum incomes of citizens and on officials of undertakings, institutions and organizations regardless of their forms of ownership, from 20 to 40 tax-free minimum incomes.
    Violation of laws and regulations on occupational safety and health committed by an official of an undertaking, institution, organization, or by an individual entrepreneur, if this violation caused any harm to the worker’ health, shall be punishable with a fine ranging from 100 to 200 tax-free minimum incomes.
    • Code of Ukraine on Administrative Offences of 7 December 1984 (Art. 41)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 11.4.3 Non-financial sanctions
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 11.4.4 Criminal liability
    Summary / Citation: There is a possibility of prosecution for the crime of manslaughter under the criminal law.
    • Penal Code of 5 April 2001 No. 2341-III. (Art. 119)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  - 11.4.5 Terms of imprisonment for natural persons
    Summary / Citation: Minimum term of imprisonment is 1 year. This is the shortest generally established term of imprisonment;
    Maximum term of imprisonment is 7 years;
    Violation of laws and regulations on occupational safety and health committed by an official of an undertaking, institution, organization, or by an individual entrepreneur, if it caused the death of people or any other major consequences, shall be punishable with correctional labour, restraint of liberty, or with imprisonment for a term of up to 7 years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to two years.
    • Penal Code of 5 April 2001 No. 2341-III. (Arts. 63, 271)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2020
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020

References

Act of Ukraine on Measures to Prevent and Reduce the Use of Tobacco Products
ЗАКОН УКРАИНЫ мерах по предупреждению и уменьшению употребления табачных изделий
Penal Code of 5 April 2001 No. 2341-III.
Act of Ukraine on Protection of Human Beings from the Effects of Ionizing Radiation, No. 15/98-VR of 14 January 1998
ЗАКОН УКРАИНЫ от 2 марта 1995 года №86/95-ВР О пестицидах и агрохимикатах
Act of Ukraine on Pesticides and Agrochemicals, No. 86/95-VR of 2 March 1995
ЗАКОН УКРАИНЫ от 2 марта 1995 года №86/95-ВР О пестицидах и агрохимикатах
Act of Ukraine on Fire Safety, No. 3745-XII of 17 December 1993
ЗАКОН УКРАИНЫ от 17 декабря 1993 года №3745-XII О пожарной безопасности
Act on Labour Protection (safety and health) of 14 October 1992, as last amended by Act No. 229-IV of 21 November 2002 (Consolidation).
Act of Ukraine on Counteraction to the Spread of Diseases Caused by the Human Immunodeficiency Virus (HIV)
ЗАКОН УКРАИНЫ О противодействии распространению болезней, обусловленных вирусом иммунодефицита человека (ВИЧ)
Code of Ukraine on Administrative Offences of 7 December 1984
КОДЕКС УКРАИНЫ ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ от 7 декабря 1984 года №8073-X
Labour Code of 1972, as amended.
Occupational safety and health country profile of Ukraine
Labour inspection country profile of Ukraine

Ukraine - 2013

Themes

1 Description of national OSH regulatory framework

1.1 Description of OSH regulatory framework

2 Scope, coverage and exclusions

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

2.2.1 Coverage of particular categories of workers

2.2.1.1 Migrant workers

2.2.1.2 Domestic workers

2.2.1.3 Home workers

2.2.1.4 Self-employed persons

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

2.4.1 Agriculture

2.4.2 Construction

2.4.3 Services

2.4.4 Public sector

2.4.5 Other

2.5 Definition of occupational accident

2.6 Definition of occupational disease

2.6.1 List of occupational diseases

2.6.2 Mechanism for compensating other diseases as occupational ones

3 Institutions and programmes relating to OSH administration and/or enforcement

3.1 Competent national authority for safety and health at work

3.1.1 Objectives, roles and/or functions

3.1.2 Chairperson and composition

3.2 National OSH research programme or institute

3.2.1 Objectives, roles and/or functions

3.2.2 Governance board constitution and chairmanship

3.2.3 Source of funding

3.3 National OSH programme

3.3.1 Consultation on the national OSH programme

4 Employers’ duties and responsibilities to protect the safety and health of workers and others

4.1 Duty to ensure the health and safety of employees

4.2 Duty to protect the health and safety of people other than their own employees

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

4.4.1 Specific hazards for which surveillance is required

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

4.8.1 Arrangements for first-aid

4.8.2 Sanitary installations

4.8.3 Drinking water

4.8.4 Rest and eating areas

5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices

5.1 Elements of an OSH management system

5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

5.1.2 Appointment of a person for health and safety

5.1.3 Written risk assessment

5.1.4 Safe operating work systems and procedures

5.1.5 Training and information on risks

5.1.6 Review or assessment of the results of preventive measures

5.1.7 Consultation with workers in health and safety

5.2 Obligation to implement a specific OSH management system or standard

6 Employers’ duty to ensure availability of expertise and competence in health and safety

6.1 OSH competence

6.1.1 Requirement to access expert advice and/or support in health and safety

6.1.1.1 Qualifications of experts or professional services

6.2 Appointment of an OSH practitioner

6.2.1 Workforce size threshold for the appointment of OSH practitioners

7 Workers' rights and duties

7.1 Duty to take reasonable steps to protect their own safety and health

7.2 Duty to take reasonable steps to protect the safety and health of others

7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

8 Consultation, collaboration and co-operation with workers and their representatives

8.1 National OSH committee, commission, council or similar body

8.1.1 Objectives, roles and/or functions

8.1.2 Constitution and chairmanship modalities

8.2 Employers’ duty to consult workers on risks

8.3 Workers’ right to select their representatives for health and safety matters