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

Occupational Cancer Convention, 1974 (No. 139) - Ukraine (Ratification: 2010)

Articles 1(1) and 6(a) of the Convention. Periodic determination of carcinogenic substances and agents and consultations with the most representative organizations of employers and workers concerned. The Committee notes the list of carcinogenic substances, products, production processes and environmental factors, adopted pursuant to Ministerial Order No. 7 of 2006 of the Ministry of Health, which replaced the previous list that had been adopted in 1997. The Committee also notes the indication in the Government’s report that the Ministry of Health has drafted a Decree entitled “List of carcinogenic agents that are completely prohibited, or permitted for controlled use in the Ukraine”. This Decree is in the process of being approved by the central executive authorities. The Committee requests the Government to provide a copy of the Decree containing the abovementioned list, once it is adopted, and to indicate the measures taken to periodically update this list. The Committee also requests the Government to provide information on consultations held with the most representative organizations of employers and workers concerned in this regard, in accordance with Article 6(a) of the Convention.

Article 2. Replacement of carcinogenic substances and agents. The Committee notes that section 2.2 of Ministerial Order No. 7 of 2006 states that if the complete elimination of human contact with carcinogenic factors is not possible, priority should be on their replacement with less carcinogenic substances. However, the Committee also notes the Government’s statement in its report that it has not taken measures to replace any carcinogenic substances or agents with non-carcinogenic or less carcinogenic substances, owing to a lack of appropriate funding and the absence of a competent executive authority. Taking due note of the Government’s indication of the difficulties encountered, the Committee requests the Government to pursue its efforts towards the replacement of carcinogenic substances or agents to which workers may be exposed in the course of their work with non-carcinogenic, or less harmful, substances or agents.

Article 3. Measures taken to protect workers against the risks of exposure to carcinogenic substances or agents and establishment of a system of records. 1. Protection of workers. The Committee notes the Government’s statement that the Institute of Occupational Medicine of the National Academy of Medical Sciences has carried out various scientific studies on the protection of workers from the risks of carcinogenic substances and agents, including studies evaluating the risk of cancer in industrial workers in the country’s main economic sectors and on a system to prevent occupational cancer among health workers. The Government indicates that on the basis of this research, several recommendations were introduced into the national health system, including a methodological recommendation on preventing cancer among workers in industries where there is a high risk of cancer. The Committee requests the Government to continue to provide information on measures taken to protect workers against the risks of exposure to carcinogenic substances or agents, as well as information on the impact of these measures.

2. Record keeping. The Committee once again notes the Government’s indication that a system has not been established to register the number of workers exposed to carcinogenic substances. It reminds the Government that the system of records for the prevention and control of occupational cancer consists of keeping records of exposure and of medical examinations so that, as years go by, it is possible to assess the effectiveness of preventive measures and to identify remaining and/or new dangers. The Committee requests the Government to take the necessary measures to establish an appropriate system of records at the national level with respect to workers exposed to carcinogenic substances, and to provide information on the measures taken in this regard.

Article 4. Providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents. The Committee previously noted that, pursuant to section 5 of the Labour Protection Act, an employer must, when entering into an employment contract, inform an employee of the presence of any hazardous or harmful factors in their workplace that have not been eliminated.

The Committee notes the Government’s statement in its present report that when periodic medical examinations are carried out, workers are informed of the work factors related to the undertaking of medical examinations, as well as the state of their health based on the results of the examination and recommendations concerning their future fitness for work. The Government also indicates that in April 2014, the Ministry of Health issued a decree approving the Health Classification of Occupations, based on indicators for harmful and hazardous factors in the industrial environment, including an assessment of airborne carcinogens in the workplace. The Committee requests the Government to provide further information on the Health Classification of Occupations, indicating how this contributes to ensuring that workers who have been, or are likely to be, exposed to carcinogenic substances or agents are provided with the relevant information. It also requests the Government to continue to provide information on other measures taken to ensure that such workers are provided with relevant information on the dangers involved with such exposure, and the measures to be taken.

Article 5. Medical examinations for workers during the period of employment and thereafter. The Committee previously noted that the Ministry of Health Order No. 246 of 2007 establishes the procedure for the medical examination of workers of specific categories, identifies the groups of workers subject to medical examination, and determines the frequency and scope of these examinations.

The Committee notes the statement of the Government that medical examinations are carried out annually. The Government, however, states that cancer hazards in the workplace are not fully covered by the current Ministry of Heath Order No. 246 of 2007, as it does not require early-stage diagnosis of precancerous or cancerous diseases of target organs. Noting the Government’s statement on the incomplete coverage of the Ministry of Health Order No. 246, the Committee requests the Government to continue to provide information on the measures it is taking to ensure that workers are provided with such medical examinations during the period of employment and thereafter as are necessary to supervise their state of health in relation to occupational hazards.

Article 6(c). Inspection and application of the Convention in practice. The Committee notes the Government’s statement that no information is available on legal cases or decisions on the application of the Convention. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, including relevant extracts from inspection reports, information on the number of workers covered by the legislation and any available statistical information on the number and cause of cases of occupational diseases reported.