Allow myself say this:

 I can organize optimal cost and effective protection of labor at the enterprise with the requirements of the legislation, the nature of the enterprise and the interests of the employer!

Employer is obligated to create work conditions at each working place and in each subdivision in accordance with statutory regulations and guidelines and is obligated to ensure compliance with statutory requirements on employees’ rights in labor protection aspects.

 

 For this purpose employers shall have labor management system in place, and specifically:

• employers shall establish appropriate departments and appoint officers to resolve specific labor protection –related issues, shall approve their appropriate job descriptions with indication of their job responsibilities, rights and liability for failure to perform their job functions vested on them, and shall see for such job descriptions be complied with;

• employers shall design integrated actions with participation of the parties to the collective agreement and shall carry such actions into effect to achieve the performance/compliance to applicable standards and to increase the existing level of labor protection;

• shall arrange for performing the necessary preventive measures in accordance with changed circumstances;

• shall implement advanced technologies, achievements of science and technology, mechanized methods of production and automation of production,  ergonomics requirements, best practice in labor protection, etc.;

• shall arrange for proper maintenance of  buildings and structures, production and process equipment, for their technological condition be monitored;

• shall arrange for elimination of causes of accidents, occupational diseases, and for preventive actions be performed as instructed by investigative commissions on the basis of the findings of such causes investigations;

• shall arrange for audit of labor protection, laboratory analysis of working conditions, appraisal of technical condition of industrial equipment, certification of workplaces for conformity with statutory labor protection regulations and guidelines in the manner and by deadlines established by laws, and on the basis of their findings shall take up measures to eliminate dangerous and harmful industrial factors;

• shall design and approve guidelines, instructions other labor protection regulations applicable within the enterprise (hereinafter referred to as the “in-house regulations of the  enterprise”) and stating rules for performing works and rules for behavior of personnel on the enterprise areas, premises, construction sites, workplaces in accordance with laws and regulations governing labor protection, shall furnish workers at no cost with labor protection regulations and guidelines and with in-house labor protection regulations of the enterprise;

• shall oversee the personnel compliance with engineering processes, rules of handling plant, mechanisms, equipment and other production facilities, use of collective and individual protection means, execution of works in accordance with statutory labor protection requirements;

• shall arrange for safe labor techniques and cooperation with personnel in the field of labor protection;

• shall take urgent measures to provide aid to persons suffered, shall engage, if so required, professional rescue teams in the event of failures and accidents occurring at the enterprise.

Employers are directly liable for failure to comply with the aforesaid requirements.

 

Article 13. OF THE  UKRAINIAN LAW “On labor protection”

The employee must:

• take care of personal safety and health, as well as the safety and health of other people in the process of performing any work or while on the premises;

• Know and comply with the requirements of laws and regulations on labor safety, proper handling of machinery, machinery, equipment and other means of production, use of collective and personal protective equipment;

• take place in accordance with the legislation preliminary and periodic medical examinations.

The employee is directly responsible for violations of these requirements.

Article 14. OF THE  UKRAINIAN LAW “On labor protection” 

 

For enterprises with 50 and greater number of personnel employed employers shall establish labor protection department in accordance with the standard regulations approved by specifically authorized centralized labor protection supervisory authority.

 

For enterprises with less than 50 members of personnel employed the labor protection functions may be performed by properly trained persons on a job-sharing basis.

 

For enterprises with less than 20 members of personnel employed the labor protection functions may be performed by the third party contracted professionals with appropriate qualifications.

 

Labor protection department shall report directly to employer.

 

Status of labor protection managers and specialists shall be equaled to that of managers and specialists of main production and technical departments.

 

Labor protection specialists, if so required, are entitled to:

• issue binding directions to the heads of the enterprise subdivisions to eliminate the existing deficiencies, to obtain from them necessary information, documents and explanations on labor protection-related issues

•  demand the persons, who failed statutory medical examinations, training, briefing, test of knowledge and failed to obtain clearance for appropriate works, failing to comply with statutory labor protection regulations and guidelines, be removed from job.

• suspend work of production departments, shop, plant, machines, mechanisms,  equipment operation  and operation of other means of production in the event of violations and non-compliances posing a threat to life or health of personnel;

• forward orders to the employees for personnel failing to comply with labor protection requirements be brought to liability.

The orders issued by labor protection specialist may be cancelled by the employer only.

 

Labor protection department may be liquidated solely in the event of the employer enterprise liquidation or in the event if an individual employer discontinues using the hired labor.

 

Article 15.  OF THE  UKRAINIAN LAW  “On Labor Protection”

Enterprises shall maintain labor protection – related regulations, order documents, reporting and records.

  Regulations:

•  laws, guidelines, rules, standard regulations, signs, forms

  Order documents: :

• orders, directions, regulations, guidelines

  Reporting:

• Statutory statistics reporting form

  Records reflects all labor protection-related activities at the enterprise, and it shall include:

• Logbooks, lists, schedules, minutes, plans, layouts

 

All documentation should be kept in custody in the enterprise labor protection department in a proper manner, which shall ensure convenient use of same, if so required, or it examination by state supervisory authorities.

   Guidelines have the status of a statutory act, which establishes labor protection requirements to be binding for personnel in execution of certain type of works or for personnel of a specific occupation, on work places, on industrial premises, on the area of enterprise and on construction sites or in other places, where such works, labor or job duties are performed by instruction of the owner or by the authority acting in pursuance with the owner instructions.

 Guidelines adopted by the enterprises shall be referred to statutory labor protection acts applicable within the scope of a particular enterprise. Such guidelines shall be designed on the basis of applicable state intersectoral and industry-specific labor protection regulations, standard guidelines and engineering documentation of the enterprise subject to specific production conditions and safety requirements stated in operating and repair manuals of the manufacturers of the equipment used by a given enterprise. Such guidelines are subject to approval by the employer and shall be binding for personnel of appropriate profession or for personnel performing appropriate works at a given enterprise.

 

  Quantity of guidelines depends on a particular enterprise profile and its list of staff

  Employees shall be briefed on labor protection when admitted to work and periodically thereafter, and inter alia on first medical aid to persons suffered from accidents and on rules of behavior and actions to be performed in emergencies, fire and acts of God.

 

 By content and periodicity such briefings on labor protection are classified into introductory briefing, initial briefing, refresher briefing, extraordinary briefing and pre-job briefing.

 

  Introductory briefings shall be conducted by labor protection department specialist or by other specialist in accordance with the enterprise- wide order (direction). Such specialist must pass appropriate training and knowledge test on labor protection.

 

Introductory briefing shall be conducted in a labor protection office or in a specially equipped room with the use of advanced technical teaching aids, training and visual aids by means of the program designed by labor protection department with allowance for production specifics. The program and duration of briefing are subject to approval by the enterprise director.

 

 Record of introductory briefing shall be made in the briefings ledger, which shall be maintained by the labor protection department or by the officer responsible for introductory briefing, and such record shall be made in the document acknowledging admission of the employee.

 

The primary, refresher, extraordinary and pre-job briefings shall be conducted prior to work directly at a working place by the immediate supervisor of works (by head of subdivision/business unit, foreman) or by  individual employer, who uses hired labor, in accordance with labor protection guidelines applicable at the enterprise and in accordance with  the appropriate works to be performed.

 

Primary, refresher, extraordinary and pre-job briefings shall be followed by a knowledge test to be conducted in the form of oral interview or with the use of technical aids and by test of job safety skills acquired. The knowledge test shall be conducted by the same person, who conducted the briefing.

 

The fact of primary, refresher, extraordinary and pre-job briefing conducted shall be acknowledged by the appropriate record in the labor protection briefings ledger. Such record shall be certified in mandatory manner by the signature of the briefing person and by the signature of the briefed person. Pages of the ledger should be numbered, and the ledger should be stitched and seal-affixed.  

  Appropriate guidelines for training of enterprises personnel on labor protection issues shall be designed and approved by the executive orders and calendar schedules for training sessions and knowledge tests on labor protection issues to be brought to the knowledge of the personnel shall be prepared at the enterprises on the basis of the Standard Guidelines and with allowance for specifics of production and requirements of industry-specific statutory regulations on labor protection.

 

Personnel of enterprises when admitted to work and periodically thereafter in course of their work, and pupils, trainees and students during teaching & educational process should pass training and knowledge test in accordance with requirements of the Standard Guidelines. They may not be granted a clearance for work (or hands-on training assignments) unless they pass training and knowledge tests on labor protection.

 

Knowledge test on labor protection shall be conducted in the form of examination taken on examination questions by oral interview or by computer-aided self-testing questionnaire with subsequent oral interview. Results of personnel knowledge tests shall be reflected in the appropriate minutes.

 

Appropriate certificates shall be issued to the persons, who demonstrated satisfactory results in knowledge tests on labor protection.

 

Heads of enterprises and subdivisions (heads of shops, departments, laboratories, workshops, etc.) shall be responsible for organization, training and knowledge testing of personnel on labor protection, while the labor protection department shall be responsible for control over the labor protection.

  Owners through the account of the enterprise funds shall arrange for preliminary and periodic medical examinations, shall compensate medical treatment, professional and medical rehabilitation of persons with occupational diseases, inspection of specific working conditions for drafting a sanitary-and-hygienic narrative.

Results of preliminary and periodic medical examinations, annual medical examination of persons of up to 21 years of age and opinion on their state of health shall be recorded in the “Card of person subject to medical examination”, and shall be kept in custody at the enterprise.

Results of completed medical examinations shall be certified within a month by a final act, which shall be drafted in four original copies (for medical institution and preventive medical treatment facility, for owner, trade union committee and for a sanitary-and-epidemiologic station).

Personnel shall retain employment (job, position) and their average wage for the period of medical examinations, observation in specialized pathology diagnostics centers, and clinics of R&D institutes (universities) for obtaining a final diagnosis or for identifying industrial factors in development of illnesses.

 Reports on medical examination findings shall be drafted and submitted in the manner established by the Ukrainian Ministry of Health.

  For performing works in harmful and hazardous working conditions and associated with pollution or adverse meteorological conditions, the personnel shall be provided at no cost with special clothes, special footwear, other means of individual protection, washing and neutralizing solutions as per established norms. The personnel engaged for performing one-off jobs for elimination of consequences of failures, acts of God, etc., beyond the scope of employment contracts, should be provided with the aforesaid means.

 

 The employer is obligated to provide at its expense for purchase, assembling, release and maintenance of individual protection means in accordance with statutory regulations for labor protection and in accordance with the collective agreement.

 

In the event of premature wear and tear of such means through no fault of the employee the employer shall be obligated to replace them at its expense. In the event of purchase of overalls and other means of individual protection, washing and neutralizing solutions by the employee at its own expense, the employer shall be obligated to compensate all costs on the terms stipulated in the collective agreement.

 

From Article 8. OF THE  UKRAINIAN LAW  “On labor protection”

  Sudden impairments of health, wounds, injuries, including those caused by physical injuries, caused by other persons, acute  occupational diseases and acute occupational and other poisonings, heat strokes, burns, congelations, drownings, electric shocks, impacts of lightning and ionizing radiation, other damages caused by failures, fires, acts of God (earthquake, landslips, flooding, hurricanes and other calamities), contacts with animals, insects and other representatives of fauna and flora that have been resulted in the employee’s incapacity for one working day or longer or those resulted in the necessity for the suffered person to transfer to other (with more comfortable work conditions) job for at least one business day, and fatal accidents at the enterprise (hereinafter referred to as “accidents”).

 

 On the basis of the opinion issued by the investigative commission those accidents that occurred with the personnel in the course of their job performance, including business trips, and those occurring during:

 

shall be recognized to be industrial accidents and the appropriate act shall be executed as per from H-1 on such accidents.

If H-1 form in the opinion of the investigative commission should not be used for documenting the accident, then HT form shall be used for documenting the accident (non-industrial accident) in accordance with the Procedure for investigation and registration of non-industrial accidents.  

  Certification of workplaces as per their working conditions shall be conducted at enterprises and organizations irrespective of their form of incorporation and type of business, where engineering process, equipment used, raw materials and supplies are potential sources of harmful and hazardous production factors, which may adversely affect the health of personnel and their descendants both currently and in the future.

 

The key purpose of the certification is regulation of the relationship between the owner or its authorized body and the personnel in realization of rights to healthy and safe working conditions, preferential pension, privileges and compensatory payments for work in adverse conditions.

 

The certification shall be conducted in accordance with the Procedure and methodical guidelines in relation to certification of workplaces as per working conditions, as approved by the Ministry of Labor and Ministry of Health..

 

The certification shall be conducted by certifying commission, and the members and powers thereof shall be approved by the enterprise-wide (organization-wide) order within the period fixed by the collective agreement but no less frequently than once every 5 years.

 

Certification of workplaces includes:

• identifying factors and causes for occurrence of adverse working conditions;

•  sanitary-and-hygienic study of the factors of industrial environment, hardness and intensity of labor process at a workplace;

•  integrated appraisal of the factors of industrial environment and nature of work for compliance of their characteristics with the standards of job safety, construction and sanitary norms and guidelines;

•  identifying the degree of harm and danger of work and its nature under hygienic classification;

•  substantiation of the workplace been referred to the category with harmful (and particularly harmful), hard (particularly hard) working conditions;

•  identifying (acknowledgement) of the employees right to preferential provision of pensions for work in adverse conditions;

•  drafting a list of workplaces, production departments, trades and positions with a preferential provision of pensions ;

•  review of technical and organizational actions performed towards optimization of hygiene, nature and safety of labor levels.

Executives of enterprises and organizations shall be liable for timely and high quality certification.

… The Employer should obtain a permit for start-up of works and for the enterprise businesses related to execution of works and operation of facilities, plant and equipment, mechanical equipment, equipment, which operation is associated with high hazards. The list of the types of works, facilities, plant and equipment, which operation is associated with high hazards (lists 1 and 2) shall be determined by the Council of Ministers of the Ukraine….

 

..... in the instance, where the employer has not obtained the said permit, a local authority or a local administration authority on the basis of the proposition by the specifically authorized central executive authority for supervision over labor protection, shall take up measures for state registration of such enterprise in the manner established by the laws therewith provided that, should the employer has failed within a month of the aforesaid deficiencies discovered to perform the proper arrangements for elimination of the aforesaid deficiencies ...

 

From Article 21. OF THE  UKRAINIAN LAW “On labor protection”

  Labor protection shall be financed by the employer.

 

For enterprises, irrespective of their form of incorporation and type of business, or individual employers costs for labor protection make at least 0,5 percent of payroll for the previous year.

 

From Article 19. OF THE  UKRAINIAN LAW “On labor protection”

 

  Amounts of expenses paid (accrued) in connection with the measures undertaken and purchase of means for labor protection, being the integral part of the preparation, organization and operation of production facilities, and the amounts of wages payable to the persons performing the works or other expenses for labor protection arrangements and means in accordance with the list shall be accounted for in the line of gross  expenses.......

 

From the Decree of the Council of Ministers of the Ukraine of 27.06.2003  under No. 994

 Recent years, due to the arrival of international companies in Ukraine appears and develops the notion of Health and Safety Management System, Health and Safety, H & S. What is it?

   This system of health and safety at the company organized to eliminate or minimize risk influence may incur employees and other stakeholders in their activities.

    Consequently, business leaders need to review the organization of labor in their enterprises with regard to the recommendations of the Organization Health & Safety.  What gives?

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