Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Safety and Health in Mines Convention, 1995 (No. 176) - Ukraine (Ratification: 2011)

Article 3 of the Convention. Policy on safety and health in mines. The Committee notes the Government’s indication in its report, in response to the Committee’s request, concerning the measures taken in the framework of the 2011–15 programme for improving occupational safety in coal mining and mine construction enterprises, the applicable legal provisions concerning occupational safety and health (OSH) in mines, as well as the guidance document entitled “The System for Operational and Occupational Safety Management of the Coal Sector in Ukraine”. The Committee also notes that the Government is working with the ILO to improve OSH and mining safety. In this regard, it notes that one of the expected outputs of the EU–ILO Project “Enhancing the Labour Administration Capacity to Improve Working Conditions and Tackle Undeclared Work” is to provide a set of recommendations to align the national legislation on OSH with EU and ILO standards. The Committee also notes the training provided, with ILO assistance, to workers in mines in 2018. However, the Committee also notes that the Government has not provided the requested information on the outcome of consultations held with the most representative organizations of employers or workers on OSH in mines. The Committee requests the Government to provide further information on the activities undertaken, including in the context of ILO assistance, concerning safety and health in mines. The Committee also once again requests the Government to provide information on the consultations held with the most representative organizations of employers and workers in the carrying out and periodic review of a coherent policy on safety and health in mines, including the outcome of such consultations.

Articles 4 and 5(2)(f). National laws and regulations giving effect to the Convention. Rights of workers and their representatives to be consulted and to participate as regards OSH matters. The Committee notes that the Government provides the text of the Safety Regulations in Coal Mines, as requested by the Committee, which according to the Government is the most important legislation as regards OSH in mines. The Committee notes that these Regulations contain detailed provisions on safety precautions, but do not contain any specific provisions on the consultation or participation of workers. The Committee also notes the Government’s indication that there are currently around 800 OSH laws and regulations in the coal sector. In this respect, the Committee notes the Government’s reference, in response to the Committee’s request, to collective agreements to be concluded at the enterprise level, which according to the Government provide that workers or their representatives are provided with information on OSH, are consulted with regard to decisions affecting their interests with a view to enabling their participation in joint decision-making as well as the establishment and implementation of measures relating to OSH. The Committee recalls that, in accordance with Articles 4(1) and (2)(f) of the Convention, the establishment of effective procedures to ensure the implementation of the rights of workers and their representatives to be consulted and to participate in measures relating to safety and health at the workplace shall be provided for in laws and regulations. The Committee requests the Government to indicate any specific legislative or regulatory provisions establishing such procedures, and if no such provisions have been adopted, to take the necessary measures to ensure their adoption in their near future. In the meantime, the Committee requests the Government to indicate the number of mines in which collective agreements have been concluded which provide for the rights of consultation and participation of workers and their representatives in OSH matters.

Article 6. Employers’ obligations to eliminate or minimize risks. The Committee notes the Government’s indication, in response to its previous request, concerning the obligations of employers to ensure that an OSH management system is in place. In this regard, the Committee notes that section 13 of the OSH Act provides that employers shall maintain a system of safety management, which includes their obligation to eliminate the causes of occupational accidents and occupational diseases and implement preventive measures, organize occupational safety audits, assess working conditions and evaluate technical conditions of equipment and facilities. The Committee takes note of this information.

Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. Following its previous comments, the Committee notes that under section IV(3) of the Safety Regulations in Coal Mines, on accident prevention, the director of the mine shall keep a record of all persons entering and exiting the mine and is responsible for establishing mechanisms for registration in this respect, as well as, in cases of accidents, for identifying any persons who did not exit the mine and taking steps to find them. The Committee urges that Government to take measures to ensure that whenever two or more employers undertake activities at the same mine, the employer in charge of the mine shall coordinate the implementation of all measures concerning the safety and health of workers and shall be held primarily responsible for the safety of the operations. It requests the Government to provide information on the measures taken in this respect.