Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report contains no reply to 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:

1. The Committee takes note of the observations made by the Federation of Trade Unions of Ukraine concerning the application of the Convention, which was communicated to the Government by the Office on 26 September 2002. In their comments, the Federation of Trade Unions of Ukraine acknowledged that the provisions contained in the general principles set forth in Part II of the Convention were reflected in the different sanitary rules and that, in general terms, the Convention was applied in the country. The Federation of Trade Unions of Ukraine adds that the collaboration on social partnership level between the employers, the workers’ representatives and the organs representing the state power, resulted in the inclusion of issues concerning hygiene in commerce and offices into collective agreements. The Committee would appreciate it if the Government would supply an example of the above-indicated collective agreements for further examination as to the manner in which questions related to hygiene in commerce and offices are dealt with in collective agreements.

2. The Committee notes the Government’s indication contained in its earlier report that the national legislation adopted in Ukraine and the acts adopted by the former Soviet Union Ministry of Health almost fully comply with the provisions of the Convention. Nevertheless, the Government considered that insufficient attention was paid to the formulation of special sanitary legislation relating to administrative departments and other institutions or subdivisions where office work is done. In the light of these indications and with regard to the Decree of the Supreme Soviet of Ukraine No. 1545-XII of 12 September 1991 providing that the legislation of the Soviet Union previously applicable to Ukraine is to remain in force until new legislation adopted indicates the contrary, the Committee requests the Government to specify which legislation of the former Soviet Union is still in force.

3. The Committee notes section 7 of Law No. 4004-XII of 24 February 1994 on the provision of sanitary and epidemiological well-being of the population obliging the owner of an enterprise, thus the employer, to implement the sanitary standards in his enterprise. In this respect, the Committee takes note of the numerous sanitary rules, to which the Government refers in relation to the application of the provisions contained in the general principles of Part II of the Convention. In order to permit the Committee to examine the conformity of the respective sanitary rules with the requirements of the provisions of the Convention, the Committee would be grateful if the Government would provide copies of the relevant sanitary rules.

4. The Committee requests once again the Government to provide as soon as possible a detailed report to the Office indicating for each Article of the Convention exactly which provisions of laws, regulations or technical standards give effect to the respective provisions of the Convention, in order to enable the Committee to assess the extent to which the Convention is applied in the country.