Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) - Ukraine (RATIFICATION: 1956)

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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.

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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.

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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

In regard to Article 2(2), (3) and (4), Article 3(3), Article 4(3), Article 5, Article 6, Article 7(1) and Part V of the Convention, the Committee requests the Government to refer to its comments under Convention No. 77.

Article 7(2)(a) of the Convention. 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 had 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 notes 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.

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The Committee notes the Government’s report. In regard to Article 2(2), (3) and (4), Article 3(3), Article 4(3), Article 5, Article 6, Article 7(1) and Part V of the Convention, the Committee requests the Government to refer to its comments under Convention No. 77.

Article 7(2)(a) of the Convention. 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 had 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 notes 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.

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The Committee notes the information supplied by the Government in its report. It asks the Government to provide further information on the following points.

Article 7 of the Convention. The Committee asks the Government to indicate the legislative or regulatory provisions requiring employers to file and keep available to labour inspectors either the medical certificate for fitness for employment or the work permit or workbook 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 also asks 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 any other occupation carried on in the street or place which the public has access to, and other methods of supervision to ensure strict enforcement of this Convention, in accordance with Article 7, paragraph 2.

Article 2, paragraphs 2, 3 and 4, Article 3, paragraph 3, Article 4, paragraph 2, Article 5, Article 6 and Part V of the report form. The Committee asks the Government to refer to its comments under Convention No. 77.