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

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

Legislation. The Committee notes the information provided by the Government regarding the legislation which gives effect to the Convention. The Committee asks the Government to submit, along with its next report, the text of the specific dispositions which give effect to the relevant Articles of the Convention, if possible in one of the working languages of the ILO.

Article 3 of the Convention. A coherent policy on safety and health in mines. The Committee notes from the Government’s report that, having taken into account the national conditions and practice and following consultations with responsible representative organizations of employers and workers, the State is developing, implementing and periodically revising its policy regarding mine safety and hygiene, especially with respect to measures for fulfilling the provisions of the Convention. The Committee notes that the state policy for labour protection in mines is determined by article 3 of the Mining Act of Ukraine and that it seems to cover a wide range of topics and provide numerous safeguards. The Committee also notes from the Government’s report that new regulatory and legal acts relating to labour protection are being developed and adopted and existing ones revised and repealed by the State Technical Supervisory Service of Ukraine, with the participation of trade unions and the Social Accident Insurance Fund. The Committee requests the Government to provide information on the measures taken to ensure the implementation of the relevant national policy in practice. The Committee further requests the Government to indicate the most representative organizations of employers and workers concerned that were consulted and the outcome of the consultations held. It also asks the Government to provide further information on the revision of regulatory and legal acts relating to labour protection.

Article 5. Regulation and monitoring of various aspects of safety and health in mines. The Committee notes the information in the Government’s report that investigation and recording of accidents, occupational diseases and industrial accidents are carried out in accordance with the Procedure approved by Resolution No. 1232 of the Cabinet of Ministers of Ukraine of 30 November 2011; however, no information is provided regarding the compilation of statistics, or the establishment of effective procedures to ensure the implementation of the rights of workers and their representatives to be consulted on matters and to participate in measures relating to safety and health at the workplace. The Committee also notes in the Government’s report that mining works are performed in accordance with designs and passports developed and approved in observance of the safety regulations, the technical operation rules and unified blasting works safety rules; and that the workers of mining enterprises are familiarized with the designs and passports in the manner specified by the safety regulations. The Committee requests the Government to provide information on the compilation and publication of statistics relating to dangerous occurrences. The Committee also asks the Government to explain in detail what is meant by “the designs and passports developed for mining works” as is referred to in its report.

Article 6. Employers’ obligations to eliminate or minimize risks. The Committee notes that the Government states in its report that production risks are prevented from materializing by eliminating existing breaches of the safety regulations in the workplace, on the routes to and from the workplace and that in conducting risk prevention and protection measures the employer assesses the risks and acts on them. The Committee requests the Government to indicate the provisions of the national legislation and other measures taken, ensuring that employers in all mines in the country take steps to assess and subsequently address risks in accordance with the order of priority prescribed in Article 6 of the Convention.

Article 10(c) and (d). Investigation and report on accidents and dangerous occurrences. The Committee notes that the Government has not provided information in its report on the legislative measures and other measures to give effect to Article 10(c) and (d) of the Convention. The Committee reminds the Government that it is essential, regardless of the system, to know at all times the name and location of persons underground, and asks the Government to state whether the mechanisms currently applied allow these objectives to be met, and, if not, to reconsider the matter when reviewing the national policy and to examine, with the social partners, the possibility of giving effect to this provision of the Convention in a more explicit manner, and to provide information in this regard. Furthermore, the Committee requests the Government to indicate the legislative or practical measures taken, so that employers ensure that all accidents and dangerous occurrences are investigated and that appropriate remedial action is taken following dangerous occurrences.

Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same time. The Committee notes the information in the Government’s report that if two or more employers carry out work at once and the same mine, the employer responsible for the mine co-ordinates all measures associated with the workers’ labour safety and health and bears the main liability for work safety. This does not release each of the employers from responsibility for all measures associated with the workers’ labour safety and hygiene. The Committee requests the Government to indicate the specific provisions of national legislation according to which the employer in charge of the mine is held primarily responsible for the safety of operations, when two or more employers undertake activities at the same mine.

Article 16 and Part V of the report form. Inspection services and application in practice. The Committee notes the information in the Government’s report that all necessary steps are taken, including appropriate sanctions and corrective measures, for the purpose of procuring practical implementation of the provisions of the enterprise’s safety regulations, this being regulated by article 10 of the Mining Act of Ukraine and the Labour Protection Act. The Committee requests the Government to supply relevant extracts from inspection reports including information on the number and the nature of the infringements reported, as well as information on sanctions imposed. It also requests the Government to give a general appreciation of the manner in which the Convention is applied in the country.