Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) - Ukraine (Ratification: 1956)

The Committee notes the information supplied by the Government in its report and requests it to provide information on the following points.

Article 2, paragraph 2, of the Convention. The Committee notes that the results of the preliminary and periodical (annual) medical check-up on persons under 21 years of age shall be entered on the personal medical card. In this connection, the Committee requests the Government to indicate, first, the authority competent to approve physicians responsible for carrying out medical examinations and, secondly, whether a medical certificate is issued to authenticate the medical examination.

Article 2, paragraphs 3 and 4. The Committee requests the Government to indicate whether the document certifying fitness for employment may prescribe particular conditions for employment and be issued for a specified job or for a group of jobs or occupations involving similar health risks which have been classified as a group by the authority responsible for the enforcement of the laws and regulations concerning medical examinations for fitness for employment, in accordance with Article 2, paragraph 3, of the Convention. It also requests the Government to indicate whether national laws specify the authority competent to issue the document certifying fitness for employment and define the conditions to be observed in drawing up and issuing the document, in accordance with Article 2, paragraph 4.

Article 3, paragraph 3, and Article 4, paragraph 2. The Committee notes that section 19 of the Act on labour protection and section 169 of the Labour Code require the employer to organize, at his or her own expense, a preliminary medical check up for workers engaged in difficult work or work involving harmful or hazardous conditions where vocational selection is essential. It notes the information to the effect that a list of professions whose workers must undergo a medical examination shall be drawn up by the Ministry of Health, in agreement with the State Committee for Monitoring Workers’ Protection. It also notes that the timing of this examination and the way in which it should be carried out shall also be established by the same bodies. Consequently, the Committee requests the Government to communicate the abovementioned list to the Office along with a copy of other decisions taken by the Minister in regard to repeating medical examinations.

Article 5. The Committee notes that under a separate decision by the Government in 1994, medical check ups on all persons under 21 years of age shall be financed by the budget. It requests the Government to communicate a copy of this decision.

Article 6. The Committee requests the Government to indicate the measures taken by the competent authority for vocational guidance and physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations in accordance with Article 6, paragraph 1. It also requests it to indicate, first, whether the competent authority has determined the nature and extent of these measures and, secondly, whether cooperation has been established between the labour, health, educational and social services concerned, and effective liaison is maintained between these services in order to carry out such measures in accordance with Article 6, paragraph 2. The Committee also requests the Government to indicate whether national laws provide for the issue to children and young persons, whose fitness for employment is not clearly determined, of temporary work permits or medical certificates valid for a limited period at the expiry of which the young worker will be required to undergo re examination, and of permits or certificates requiring special conditions of employment in accordance with Article 6, paragraph 3.

Article 7. The Committee requests the Government to indicate the legislative or regulatory provisions which require the employer to file and keep available to labour inspectors either the medical certificate of fitness for employment or the work permit or work book showing that there are no medical objections to the employment, as may be prescribed by national laws or regulations in accordance with Article 7, paragraph 1. It requests the Government, furthermore, to indicate whether national legislation determines other methods of supervision to be adopted for ensuring the strict enforcement of the Convention, in accordance with Article 7, paragraph 2.

Part V of the report form. The Committee requests the Government to communicate any information, including extracts from the report of the inspection services and statistical data concerning the number of children and young people who work and have been subject to medical examination, enabling it to better appreciate the manner in which the Convention is applied in practice.