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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of the Conventions on the medical examination of young persons, the Committee considers it appropriate to examine Conventions Nos 77 and 78 in a single comment.

Articles 2(3) and (4) of Conventions Nos 77 and 78. List of jobs involving similar health risks and the authority competent to draw up a health certificate and conditions of issue. Following its previous comments, the Committee notes the Government’s information, in its report, that the medical examinations of employees in Ukraine are conducted for certain categories of workers, including young people under the age of 21, and in certain professions, industries and organizations whose activities are related to public service and may lead to the spread of infectious diseases. These are regulated respectively through Ministry of Health Orders No. 246 of 21 May 2007 and No. 280 of 23 July 2002. The Government indicates that the medical certificate that is mandatory when hiring minors must state information about the minor’s ability to perform work in specific working conditions.

Article 7(2)(a) of Convention No. 78. Ensuring the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents. Noting with regret the absence of information on this issue in the Government’s report,the Committee once again requests the Government to indicate whether the national legislation determines the identification measures to be adopted to ensure that the system of medical examinations for fitness is applied to children and young persons employed on their own account, or that of their parents in itinerant trading, or in any other occupation carried out in the streets or in places to which the public have access.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

In order to provide a comprehensive view of the issues relating to the application of the Conventions on the medical examination of young persons, the Committee considers it appropriate to examine Conventions Nos 77 and 78 in a single comment.

Articles 2(3) and (4) of Conventions Nos 77 and 78. List of jobs involving similar health risks and the authority competent to draw up a health certificate and conditions of issue. In its previous comments, the Committee noted the Government’s information that a medical certificate of fitness is issued by the Health Commission based on the information on the worker’s card. The worker’s card includes information provided by the worker concerning his/her health, medical history, medical examination and laboratory test results, diagnosis and conclusions regarding fitness for work. It also noted that the results of the preliminary and periodical examinations and conclusions of the Health Commission are entered onto the worker’s card as well as in the medical card by the physician with whom the employee is an outpatient and further transmitted to a single database in the district, region or State, wherever appropriate.

The Committee notes the Government’s information that the worker’s card also identifies any harmful factors in the working environment. However, noting that no information on this point has been communicated by the Government, the Committee once again requests the Government to indicate whether the document certifying fitness for employment prescribes particular conditions for employment and is issued for a specified job or for a group of jobs or occupation involving similar health risks classified by the authority responsible for the enforcement of the laws and regulations concerning medical examinations.

Articles 3(3) and 4(2) of Conventions Nos 77 and 78. Medical re-examination and list of occupations involving high health risks. The Committee previously noted that the list of occupations in which workers shall undergo a medical examination and the frequency and procedure thereof shall be determined by the Ministry of Health in agreement with the State Committee for Monitoring Workers’ Protection.

The Committee notes the Government’s information that section 17 of Act No. 2694 of 14 October 1992 on occupational safety and health provides that an employer is under the obligation to organize the preliminary and periodical medical examinations of workers undertaking heavy labour, working in harmful or dangerous working conditions or in jobs where occupational selection is required, as well as an annual compulsory medical examination of persons under 21 years of age.

Article 5 of Conventions Nos 77 and 78. Medical examinations free of charge. Following its previous comments, the Committee notes the Government’s information that, in accordance with section 17 of Act No. 2694 of 14 October 1992 on occupational safety and health, the annual compulsory medical examination of persons under 21 years of age must be provided at the employer’s expense.

Article 6 of Conventions Nos 77 and 78. Vocational guidance and physical and vocational rehabilitation of children and young persons found unsuited for work and issuing temporary work permits. The Committee previously requested 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(1).

The Committee notes the Government’s information that young people living with disability are entitled, after the completion of their general education and as of the age of 16 (which is the minimum age for admission to employment or work in Ukraine), to receive vocational training in vocational rehabilitation centres for persons living with disability. It notes with interest that as of 1 January 2017, nine vocational rehabilitation centres for persons living with disability were in operation in Ukraine, which received 1,310 persons with disability. These institutions focus on the provision of a nexus of rehabilitative measures designed to restore diminished or lost vocational functions, as well as the vocational selection and adaptation thereto of young persons with disability from the age of 16. The Government indicates that, in accordance with the Model Regulations of a vocational rehabilitation centre for persons with disability, approved by Decree No. 379 of 6 April 2015 of the Ministry of Social Policy, a centre provides, among other things: (i) vocational training for persons with disability in occupations which are in great demand on the labour market; (ii) vocational rehabilitation under medical supervision, medical rehabilitation and other forms of rehabilitation which ensure the adaptation of persons with disability to vocational training at the centre and with a view to their subsequent employment, including by self-employment and in entrepreneurial activities; and (iii) an assessment of the effectiveness of the vocational rehabilitation of persons with disability using educational, social, psychological, medical and physical criteria and indicators.

Article 7(1) of Conventions Nos 77 and 78. Availability to labour inspectors of the medical certificate. In its previous comments, the Committee noted the Government’s information that the copy of the worker’s card is to be kept in the enterprise or at the place of employment for 15 years following the termination of employment. It requested the Government to indicate the legislative or regulatory provisions which require the employer to keep available to labour inspectors either the medical certificate of fitness for employment or the work permit or workbook showing that there are no medical objections to employment, in accordance with Article 7(1).

The Committee notes with interest the Government’s indication that, pursuant to the Regulation of the State Labour Service approved by Cabinet Decree No. 96 of 11 February 2015, inspectors have the right to check a worker’s medical record or medical certificate attesting that a medical examination has been conducted. The Committee requests the Government to provide a copy of Cabinet Decree No. 96 of 2015.

Article 7(2)(a) of Convention No. 78. Ensuring the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents. The Committee previously requested the Government to indicate whether the national legislation determines the identification measures to be adopted to ensure that the system of medical examinations for fitness is applied to children and young persons employed on their own account or that of their parents in itinerant trading or in any other occupation carried out in the streets or in places to which the public have access.

The Committee observes with regret that the Government has not provided any information on this point. The Committee once again requests the Government to indicate whether the national legislation determines the identification measures to be adopted to ensure that the system of medical examinations for fitness is applied to children and young persons employed on their own account or that of their parents in itinerant trading or in any other occupation carried out in the streets or in places to which the public have access.

Practical application of the Convention. The Committee notes with interest the Government’s information that in the period from 1 March to 31 December 2016, health care establishments examined 9,434 workers under the age of 21.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 2(3) and (4). List of jobs involving health risks and the authority competent to draw up a health certificate and conditions of issue. In its previous comments, the Committee had requested the Government to indicate whether the document certifying fitness for employment shall prescribe conditions for employment and be issued for a specified job or for a group of jobs or occupation involving similar health risks classified by the authority responsible for the enforcement of the laws and regulations concerning medical examinations. It had also requested the Government to indicate the authority competent to issue the document certifying fitness for employment and to define the conditions to be observed in drawing up and issuing the document. The Committee notes the Government’s information that a medical certificate of fitness is issued by the Health Commission based on the information on the worker’s card. The worker’s card includes information provided by the worker concerning his/her health, medical history, medical examination and laboratory test results, diagnosis and conclusions regarding fitness for work. It also notes the Government’s information that the results of the preliminary and periodical examinations and conclusions of the Health Commission are entered onto the worker’s card as well as in the medical card by the physician with whom the employee is an outpatient and further transmitted to a single database in the district, region or State, wherever appropriate. The Committee once again requests the Government to indicate whether the document certifying fitness for employment prescribes particular conditions for employment and is issued for a specified job or for a group of jobs or occupation involving similar health risks classified by the authority responsible for the enforcement of the laws and regulations concerning medical examinations.

Articles 3(3) and 4(2). Medical re-examination and list of occupations involving high health risks. The Committee had previously noted that, according to section 19 of the Act on Labour Protection, the list of occupations in which workers shall undergo a medical examination and the frequency and procedure thereof shall be determined by the Ministry of Health in agreement with the State Committee for Monitoring Workers’ Protection. The Committee once again 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. Medical examinations free of charge. The Committee had previously noted that a separate decision by the Government in 1994 stipulates that medical examination of all persons under 21 years of age shall be financed by the budget. The Committee once again requests the Government to supply a copy of this decision.

Article 6. Vocational guidance and physical and vocational rehabilitation of children and young persons found unsuited for work and issuing temporary work permits. Noting that the Government has not provided any information on the comments made previously by the Committee under Article 6 of the Convention, the Committee once again 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(1). It also requests the Government 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(2). The Committee further requests the Government to indicate whether national laws provide for the issue to children and young persons, whose fitness or 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(3) of the Convention.

Article 7(1). Availability to labour inspectors of the medical certificate. Following its previous comments, the Committee notes the Government’s information that the copy of the worker’s card shall be kept in the enterprise or at the place of employment for 15 years following the termination of employment. The Committee requests the Government to indicate the legislative or regulatory provisions which require the employer to keep available to labour inspectors either the medical certificate of fitness for employment or the work permit or workbook showing that there are no medical objections to employment in accordance with paragraph 1 of this Article.

Part V of the report form. Practical application of the Convention. Noting that the Government has supplied no information, the Committee once again asks the Government to supply 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 undergone medical examinations provided for in the Convention.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 2, paragraph 2, of the Convention. Medical examination by a qualified physician and issue of a medical certificate. Following its previous comments, the Committee notes the Government’s reference to “Order No. 246 of 2001 on Procedures for carrying out medical examinations of workers in particular categories” registered on 23 June 2007. According to section 2.1 of the above Order, preliminary and periodical medical examinations of workers shall be carried out in health-care establishments defined by the Ministry of Health and other relevant ministries and the regional and municipal directorates of the health-care departments, as well as in specialized treatment and prevention centres approved by the Ministry of Health and which are authorized to carry out diagnosis of occupational illnesses, and higher level medical teaching establishments. It further notes that under the terms of section 2.16 of the above Order, the results of the preliminary and periodical medical examinations and the conclusions of the Health Commission shall be entered in the worker’s workbook or worker’s card, and on the basis of this card the Health Commission shall issue a medical certificate.

Article 2, paragraphs 3 and 4. List of jobs involving health risks and the authority competent to draw up a health certificate and conditions of issue. In its previous comments, the Committee had requested the Government to indicate whether the document certifying fitness for employment shall prescribe conditions for employment and be issued for a specified job or for a group of jobs or occupation involving similar health risks classified by the authority responsible for the enforcement of the laws and regulations concerning medical examinations. It had also requested the Government to indicate the authority competent to issue the document certifying fitness for employment and to define the conditions to be observed in drawing up and issuing the document. The Committee notes the Government’s information that a medical certificate of fitness is issued by the Health Commission based on the information on the worker’s card. The worker’s card includes information provided by the worker concerning his/her health, medical history, medical examination and laboratory test results, diagnosis and conclusions regarding fitness for work. It also notes the Government’s information that the results of the preliminary and periodical examinations and conclusions of the Health Commission are entered onto the worker’s card as well as in the medical card by the physician with whom the employee is an outpatient and further transmitted to a single database in the district, region or State, wherever appropriate. The Committee once again requests the Government to indicate whether the document certifying fitness for employment prescribes particular conditions for employment and is issued for a specified job or for a group of jobs or occupation involving similar health risks classified by the authority responsible for the enforcement of the laws and regulations concerning medical examinations.

Article 3, paragraph 3 and Article 4, paragraph 2. Medical re-examination and list of occupations involving high health risks. The Committee had previously noted that, according to section 19 of the Act on Labour Protection, the list of occupations in which workers shall undergo a medical examination and the frequency and procedure thereof shall be determined by the Ministry of Health in agreement with the State Committee for Monitoring Workers’ Protection. The Committee once again 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. Medical examinations free of charge. The Committee had previously noted that a separate decision by the Government in 1994 stipulates that medical examination of all persons under 21 years of age shall be financed by the budget. The Committee once again requests the Government to supply a copy of this decision.

Article 6. Vocational guidance and physical and vocational rehabilitation of children and young persons found unsuited for work and issuing temporary work permits. Noting that the Government has not provided any information on the comments made previously by the Committee under Article 6 of the Convention, the Committee once again 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 the Government 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 further requests the Government to indicate whether national laws provide for the issue to children and young persons, whose fitness or 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, of the Convention.

Article 7, paragraph 1. Availability to labour inspectors of the medical certificate. Following its previous comments, the Committee notes the Government’s information that the copy of the worker’s card shall be kept in the enterprise or at the place of employment for 15 years following the termination of employment. The Committee requests the Government to indicate the legislative or regulatory provisions which require the employer to keep available to labour inspectors either the medical certificate of fitness for employment or the work permit or workbook showing that there are no medical objections to employment in accordance with paragraph 1 of this Article.

Part V of the report form. Practical application of the Convention. Noting that the Government has supplied no information, the Committee once again asks the Government to supply 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 undergone medical examinations provided for in the Convention.

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

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.