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

Occupational Health Services Convention, 1985 (No. 161) - Ukraine (Ratification: 2010)

Legislation. The Committee notes the Government’s first report and the annexed legislation: Presidential Decree No. 400/2011 of 6 April 2011 (in relation to the regulation of the State health and epidemiological services); Ministry of Health Order No. 33 of 23 February 2000 (in relation to staff regulations and staffing standards for health establishments, including occupational health units); Act on ensuring the population’s health and prevention of epidemics.

Articles 2, 3(1) and 4 of the Convention. Formulation, implementation and periodical review of a national policy on occupational health services in consultation with the most representative organizations of employers and workers. Progressive development of occupational health services for all workers. The Committee notes sections 1 and 4 of the Workers’ Protection Act, which underline the general principles of a national occupational safety and health (OSH) policy, such as priority of the life and health of workers; the employers’ responsibility to create safe and healthy working conditions; comprehensive handling of labour protection issues on the basis of relevant national, sectoral and regional programmes, taking into account other economic and social policy goals, scientific and technical achievements and the protection of the environment; the use of economical methods of safety management; awareness raising and training of workers on safety matters. On the other hand, the Committee also notes the preoccupations expressed by the Government, highlighting the dismantling, since 1990, of the traditional system for medical support for workers employed in enterprises with harmful and hazardous working conditions, which has led to high levels of occupational morbidity, related disabilities and frequent cases of sudden death at the workplace. The Government also points to a lack of interest among economic entities in creating safe working conditions, with employers failing to identify hazardous factors, assess the risk of occurrence of occupational diseases and take preventive measures. It further indicates that State monitoring bodies are not able to check working conditions in small enterprises, as the number of scheduled inspection of economic entities is restricted. Moreover, it adds that there is no need to set up occupational health services within the country’s public organizations. The Committee asks the Government to provide further information on the implementation and periodical review of the national policy on occupational health services. Please also provide information on the manner in which the most representative organizations of employers and workers are consulted, in accordance with Articles 2 and 4 of the Convention, and on the results of the consultations held. In addition, the Committee requests the Government to indicate the measures taken to progressively cover workers working within a harmful and hazardous environment in practice, as well as workers in small enterprises, and to specify the type of occupational health services provided to workers within public organizations.

Articles 5 and 7. Organization and functions of the occupational health service. The Committee notes from the Government’s report that occupational health services appear to be provided by the State health and epidemiological services as public authorities under the Ministry of Health, and by labour protection services established by the employer, in enterprises with 50 or more workers, as well as by appropriately trained persons in undertakings with less than 50 workers. The Committee notes the Government’s reference to the Presidential Decree No. 400/2011, which lists the different OSH functions that are carried out by the State health and epidemiological services. It however notes that the Government does not specify how it ensures that these functions are adequate and appropriate to the occupational risks of the undertaking. In addition, the Committee observes that the Government does not elaborate on the type of functions that are fulfilled by the labour protection services established by the employer. The Committee asks the Government to provide further information on the measures taken, in law and in practice, to give effect to items under Article 5, concerning both the State health and epidemiological services and the occupational health services established by the employers (labour protection service or appropriately trained person). It also asks the Government to specify the nature of occupational health services provided in enterprises with less than 50 workers.

Article 8. Cooperation between the employers, the workers and their representatives. The Committee asks the Government to indicate the measures taken to bring about the cooperation and participation, provided for in this Article, of the parties concerned.

Article 9(1)–(3). Cooperation of the health services with other services in the enterprise. The Committee notes from the Government’s report that the profession of “occupational health physician” was introduced into the national classification of professions. The Committee requests the Government to specify the composition of the personnel within both the State health and epidemiological services and the labour protection services at the level of the undertaking. It also asks the Government to indicate the measures taken or envisaged to ensure that occupational health services are of a multidisciplinary nature, in accordance with paragraph 1 of this Article. The Government is requested to provide information on the manner in which it is ensured that occupational health services carry out their functions in cooperation with the other services in the undertaking. The Government is also requested to indicate the measures taken to ensure adequate cooperation and coordination between occupational health services and other bodies concerned with the provision of health services.

Article 10. Full professional independence of health services personnel. The Committee notes that the Government refers to section 38 of the Act on ensuring the population’s health and the prevention of epidemics, without giving further details on its content. The Committee requests the Government to provide information on the manner in which it ensures the full professional independence from employers, workers and their representatives, where they exist, of the personnel providing occupational health services in both the State health and epidemiological services in relation to the functions listed in Article 5 of the Convention.

Article 12. No loss of earnings for workers in the process of the surveillance of their health. The Committee requests the Government to indicate the relevant provisions ensuring that effect is given to the requirement that the surveillance of the workers’ health shall involve no loss of earnings, be free of charge and shall take place during working hours.

Article 14. Information to be provided to the occupational health services of any factors which may affect workers’ health. The Committee 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. Occupational health services shall be informed of ill health among workers and absence from work for health reasons. The Committee 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 in order to identify whether there is any relation between the reasons for ill health or absence and any health hazards which may be present at the workplace.

Part VI of the report form. Application in practice. The Committee notes from the Government’s report that, due to the absence of an incentive system in the national social security system, in which the amount of contributions due is not linked to the quality of working conditions in an undertaking, employers failed to identify hazardous factors, assess the risk of occurrence of occupational diseases and take preventive measures. According to the Government, 6,342 persons were diagnosed in 2011 as possibly suffering from occupational diseases, compared to 5,644 in 2010. The Committee asks the Government to continue to provide information on the application of the Convention in practice, including the number of workers having access to these services, and the number of occupational diseases per annum.

Part VII of the report form. Comments from employers’ and workers’ organizations. The Committee asks the Government to indicate the representative organizations of employers and workers to which copies of the present report were communicated.