Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

Convenio sobre el examen médico de los menores (industria), 1946 (núm. 77) - Ucrania (Ratificación : 1956)

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.