Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Guarding of Machinery Convention, 1963 (No. 119) - Ukraine (Ratification: 1970)

The Committee notes the information provided regarding effect given to Articles 2(3) and (4), 7, 10 and 15 of the Convention, and the references made to new legislation adopted giving further effect to the Convention. The Committee further notes that the Government is in the process of approving the Occupational Safety and Health Rules on Coal Mining and the Occupational Safety and Health Rules for the Development of Natural Resources in Open-Cast Working. The Committee requests the Government to provide copies of the new legislation once it has been adopted.

Article 6 of the Convention. Prohibiting the use of machinery without appropriate guards. The Committee notes the Government’s response that, based on the safety and health policy, the rules and regulations provide for the prohibition to use machinery if any dangerous parts are without appropriate guards. However, the Committee recalls that Article 6(1) provides that where this prohibition cannot fully apply without preventing the use of the machinery it shall apply to the extent that the use of the machinery permits. The Committee requests the Government to provide further information on how effect is given to this aspect of the Article.

Article 9. Temporary exemption. The Committee notes the Government’s response on the provisions provided by section 29 of the Law on Labour Protection and its conformity with Article 9. The Committee requests the Government to provide information on any exemptions which have been made under this Article and on the consultations in this regard with organizations of employers and workers concerned.

Article 11. No worker shall use machinery without guards or make inoperative the guards provided. The Committee notes that the Government’s report is silent on this matter. The Committee requests the Government to provide information on how effect is given to this Article in law and practice.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government based on the Gosgorpromnadsor indicators of its supervision activities from 2005 to 2009. The Committee notes in particular that there has been a steady decrease in the number of violations of occupational safety rules and in the number of instances of suspension of work and closure of premises in correlation to the increase in number of enterprises under supervision. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to continue to provide, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of accidents reported.