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

Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - Ukraine (Ratification: 1968)

Article 4 of the Convention. Applicable laws and regulations. The Committee previously noted that the Sanitary Rules for the Food Trade Enterprises, SanPiN 5781-91 of 16 April 1991 partially gave effect to Articles 7–14 and 16 of the Convention with regard to working conditions in food trade establishments. It requested the Government to specify the provisions of laws and regulations which gave effect to Articles 7–14 and 16 in relation to the protection of workers in trading establishments other than food trade enterprises and in establishments, institutions and administrative services in which workers are mainly engaged in office work.

The Committee notes the Government’s statement that the occupational safety and health of office workers is covered by the Labour Code and the Labour Protection Act of Ukraine. The Government refers in this regard to sections 153 of the Labour Code and section 6 of the Labour Protection Act, which provide that all enterprises must create safe and healthy working conditions. Pursuant to these sections, working conditions, technological processes, machines, equipment and other means of production, protective equipment and hygiene conditions must comply with the legal requirements. The Committee observes that the provisions referenced by the Government are of a general nature. The Committee requests the Government to provide information on the specific measures taken to give effect to the following Articles of the Convention with respect to commercial establishments other than food trade establishments and office workers, indicating the relevant legal provisions: Article 7 (proper maintenance and cleaning of premises); Article 8 (ventilation); Article 9 (sufficient and suitable lighting); Article 10 (comfortable and steady temperature); Article 11 (layout of workplaces and work stations); Article 13 (sufficient and suitable washing facilities and sanitary conveniences); Article 14 (sufficient and suitable seats); and Article 16 (underground or windowless premises).

Article 12. Supply of wholesome drinking water to workers. The Committee notes that section 166 of the Labour Code provides that workers in hazardous working conditions shall be provided with milk and other preventive nutrition, and persons working in hot working environments and industrial sites shall be provided with water. However, the Committee observes that the Labour Code does not appear to provide for the supply of wholesome drinking water to workers who are mainly engaged in commerce or office work. The Committee requests the Government to provide information on the measures taken or envisaged with a view to ensuring that a sufficient supply of wholesome drinking water, or of some other wholesome drink, is made available to workers covered by the Convention.

Application in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice, for example by supplying extracts from inspection reports and, where such information exists, the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents and diseases reported.