On Amendments And Additions Relating To Labour Protection, The Labor Code Of Ukraine

Original Language Title: Про внесення змін і доповнень, що стосуються охорони праці, до Кодексу законів про працю України

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/3694-12

                                                          
With a k o n u r as th h s About amendments and additions relating to labour protection, the Labor Code of Ukraine (Verkhovna Rada of Ukraine (BD), 1994, N 3, article 10), the Verkhovna Rada of Ukraine about with t and o in l I is: Make the following changes and additions to the code of labour laws of Ukraine (322-08) (Supreme Council of USSR , 1971, addition to N 50, 375; 1975, N 24, 296; 1977, N 1, 4; 1981, N 32, 513; 1983, N 6, art. 87; 1984, N 1, 3; 1985, N 11, 205; 1986, N 27, 539; 1987, N 45, 904; in 1988, N 23, 556; 1989, N 22, item 235;
1991 N 23, 267; Supreme Council of Ukraine, 1992, N 22, 302): 1. Article 7, put in the following wording: article 7. Features of the regulation of the work of some categories of workers labor regulation Features of persons who work in areas with specific natural geographical and geological conditions and conditions of increased risk to health as well as temporary and seasonal workers, the additional (except provided in articles 37 and 41 of this code), the grounds for termination of the employment contract of some categories of workers under certain conditions (violation of established rules of employment, etc.) are established by law ".
2. in article 24 paragraph 2 of part one to lay out in this Edition: 2) at the conclusion of an employment contract on work in areas with specific natural geographical and geological conditions and conditions of increased health risk;
Add to article after paragraph 4 a new paragraph 5 the following contents: 5) when concluding an employment contract with a minor (article 187 of this code);
in connection with this item 5 to consider paragraph 6;
Add to article part five of the following contents: "it is prohibited to conclude an employment contract with a citizen, which a medical conclusion of the proposed work is contraindicated due to health reasons.
3. Paragraph 1 of article 29 lay in this Edition: 1) clarify the worker of his rights and obligations and inform on receipt of working conditions, the presence in the workplace where it will work, dangerous and harmful production factors that still persists, and the possible consequences of their impact on the health of his right to benefits and compensation for work in such conditions in accordance with the applicable legislation and the collective agreement. "
4. Article 38 of the supplement of the third such content: "a worker has the right in him time to terminate the employment contract on their own, unless the owner or authorized body does the legislation on protection of labour, the conditions of the collective agreement on these issues."
5. Article 44 put in this Edition: "article 44. Severance pay at termination of the employment contract of the grounds mentioned in paragraph 6 of article 36 and paragraphs 1, 1-1, 2 and 6 of article 40 of this code, or as a result of the violation by the owner or authorized body of legislation on labour conditions, collective or employment contract (article 39) the worker shall be paid severance pay in the amount not less than the average monthly income in the case of conscription or entry to military service (paragraph 3 of article 36)-not less than two months average earnings due to a violation of the owner or authorized body of legislation on protection of labour, the conditions of the collective agreement on these issues (articles 38 and 39)-in the amount stipulated by collective agreement, but not less than three month average earnings ".
6. Article 100 and 108 lay in this Edition: "article 100. Remuneration for heavy work, work with hazardous or dangerous working conditions, work with special natural geographical and geological conditions and conditions of increased health risk For heavy work, work with hazardous or dangerous working conditions, work with special natural geographical and geological conditions and conditions of increased health risk set increased remuneration. The list of these works is determined by the Cabinet of Ministers of Ukraine ";
Article 108. Payment for work in the night-time Work at night time (article 54) paid in an increased amount provision rate agreement and the collective agreement, but not less than 20 percent tariff rate (salary) for each hour of work at night. "
7. Article 113 after part one to complement the new second part following contents: "idle time when originated production situation is dangerous for the life or health of the employee or for the people who surround him, and the natural environment is not his fault, it kept the average earnings";
in this regard, part of the second and third installments respectively considered the third and fourth.
8. in article 153: title of the article lay in the following wording: article 153. Create safe and harmless conditions ";
the first and second parts lay in the following wording: "on all enterprises, institutions, organizations are safe and harmless conditions.
Ensure safe and harmless conditions imposed on the owner or authorized body ";
Add to article after part two of the new part of the third in this Edition: "conditions in the workplace, safety of technological processes, machines, mechanisms, equipment and other means of production, the means of collective and individual protection

used by an employee, as well as sanitary conditions must conform to the requirements of the normative acts on labour protection;
part of the fourth sentence, add the following text: "the employee has the right to refuse the work if the work was created, the production situation is dangerous to life or health or the people who surround him, and the environment;
Add to article after part four new parts of this content: "in case of the impossibility of a complete elimination of hazardous and harmful to health conditions the owner or authorized body shall notify the authority of the State supervision of labour safety, which may give a provisional consent to work in such conditions.
The owner or the authorized organ entrusted with the systematic conduct of technical (training) workers on labour safety, fire protection. "
Part of the third, fourth, fifth, and fourth parts, respectively, considered the fifth and eighth.
9. Article 154-161 outline in the following wording: article 154. Compliance with the requirements regarding safety in the design, construction (manufacture) and reconstruction of enterprises, facilities and means of production design of production facilities, development of new technologies, means of production, the collective and individual protection of employees should be conducted taking into account the requirements of labour protection.
Industrial buildings, structures, equipment, vehicles, that are put in place after the construction or reconstruction, technological processes must comply with the normative acts on labour protection.
Article 155. Prohibition of commissioning of enterprises that do not meet the requirements of labour protection No enterprise, shop, plot, production may not be accepted and put into service if they don't have a safe and harmless conditions.
Commissioning of new and refurbished facilities industrial and socio-cultural purposes without the permission of the State supervision over labour protection is prohibited.
The owner, who created the new enterprise is obliged to obtain from the authorities of the State supervision of labour safety permission to start its work.
Article 156. Prohibition of the production of samples of new vehicles and other means of production, the introduction of new technologies that do not meet the requirements of labour protection Manufacture and transfer in the production of samples of new machines, mechanisms, equipment and other means of production, as well as the introduction of new technologies without the permission of the State supervision over labour protection is prohibited.
Article 157. The State sectoral and industry-specific regulations on OSH State sectoral and industry-specific regulations on OSH-rules, standards, rules, regulations, instructions and other documents, which provided the validity of the regulations required for the implementation.
Elaboration and adoption of new, view, and cancel the current government sectoral and industry-specific regulations on the protection work carried out by the authorities of the State supervision over labour protection with the participation of other State bodies and unions in the order determined by the Cabinet of Ministers of Ukraine.
Standards, specifications and other normative-technical documents on the means of labour and technological processes should include requirements for labour protection and agree with the authorities of the State supervision of labour safety.
In the absence of the regulations on the protection of labour requirements, you need to follow to ensure the safe and harmless conditions on certain works, the owner or authorized body shall adopt agreed with the authorities of the State supervision over labour protection measures that will ensure the safety of workers.
Article 158. Duty of owner or authorized him authority for relief and improvement of the working conditions of the employees of the owner or authorized body shall take measures for relief and improvement of the working conditions of workers through the implementation of advanced technologies, achievements of science and technology, mechanization and automation of the production requirements of ergonomics, the positive experience of labor protection, reduction and elimination of dust and gasses in air in production rooms, intensity noise , vibration, radiation, etc.
Article 159. The duty of the employee to perform the requirements of the normative acts on labour protection Worker must: know and comply with the requirements of legislation on protection of labour, the rules of machines, mechanisms, equipment and other means of production, the use of collective and individual protection;
the timing of the obligations concerning labour protection, stipulated in the collective agreement (agreement, employment agreement) and the rules of the internal regulations of the enterprise, institution or organization;
take place in the established order the preliminary and periodic medical examinations;
cooperate with the owner or the authorized organ in the case of the Organization safe and harmless conditions, personally take affordable steps to eliminate any production situation, which creates a threat to his life or health or the people

that surround him, and the natural environment, to inform about the dangers of their immediate supervisor or another official.
Article 160. Control over compliance with the requirements of the normative acts on labour protection continuous monitoring for compliance with the requirements of staff regulations on OSH relies on the owner or authorized body.
Staffs through the chosen authorized trade unions in the face of their elective bodies and representatives control the observance of all the staff regulations on OSH in enterprises, institutions and organizations.
Article 161. Measures of labour protection the owner or authorized body developing involving unions and implementing comprehensive measures for labor protection in accordance with the law of Ukraine "on protection of labour" (2677-12). Action plan for protection of work included in the collective agreement. "
10. Regarding the second article 162 words or agreements on labour safety, which are placed between the owner or authorized body and the Trade Union Committee of the enterprise, institution, organization, exclude.
11. Article 163 lay in this Edition: "article 163. Issuance of special clothing and other means of individual protection works with hazardous or dangerous working conditions, as well as works related to pollution or occurring in adverse temperature conditions, workers are issued free of charge according to the norms of special clothing, special footwear and other means of individual protection.
Owner or authorized body is obliged to organise acquisition and maintenance of means of individual protection according to the regulations on the protection of labor. "
12. the second part of article 164 lay in this Edition: "the owner or authorized body must compensate the worker costs to purchase clothing and other means of individual protection, if the established norms of the period of issuance of these tools is broken and a worker was forced to buy them for their own means. In case of early wear of these tools through no fault of the employee, the owner or the authorized body shall replace them at his own expense.
13. Article 169 is to lay out in the following wording: "article 169. Mandatory medical examinations of employees of certain categories of owner or authorized body shall organize a previous funds (when taking on the job) and periodicals (for employment), medical examinations of workers engaged in heavy work, work with hazardous or dangerous working conditions or where there is a need for professional selection, as well as an annual compulsory medical examination of persons under the age of 21 years.
The list of professions, which are subject to medical examination, term and procedure it established the Ministry of health in consultation with the State Committee of Ukraine on supervision of labour safety ".
14. in article 170 words "Ussr and exclude.
15. Article 171 lay in this Edition: "article 171. The duties of the owner or an authorized him authority concerning the investigation and recording of accidents, occupational diseases and accidents in the production of the owner or authorized body shall carry out investigations and keep records of accidents, occupational diseases and accidents in manufacturing in accordance with the procedure established by the Cabinet of Ministers of Ukraine ".
16. the first part of article 172 put in this Edition: "in cases envisaged by law, the owner or authorized body assigned responsibility to organize training, retraining and employment of persons with disabilities in accordance with the medical recommendations, set out on their request part-time or part-time working week and to create favourable working conditions".
17. Article 173 lay in this Edition: "article 173. Compensation for the owner or the authorized organ damage to employees in the event of damage to their health, the owner or the authorized body is obliged under the legislation to reimburse any damage caused him injury or other injury to health associated with labour. "
18. To supplement the code of article 175-1 of the following contents: "article 173-1. Compensation for the owner or the authorized organ of moral damage compensation of moral harm made by the owner or the authorized organ, if dangerous or harmful working conditions led to a moral loss victim, broke its normal life relationships and require extra effort from him to organize his life.
The procedure for compensation of moral damage is determined by the law. "
19. Article 174 lay in this Edition: "article 174. The work, which prohibited the use of labour women are forbidden to use the labor of women in heavy work and jobs with hazardous or dangerous working conditions, as well as underground works, in addition to some of the underground works (nefìzičnih works or works on sanitary and household maintenance).
It is forbidden to also attract women to lifting and moving things, the weight of which exceeds the established limits for them.

The list of heavy work and jobs with hazardous or dangerous working conditions on which it is forbidden to use the labor of women, as well as limit the standards of lifting and moving heavy things women are approved by the Ministry of health in consultation with the State Committee of Ukraine on supervision of labour safety ".
20. Article 175 supplement parts of the second and third such content: "list of these industries and types of work indicating the maximum terms of application of the labour of women at night time is approved by the Cabinet of Ministers of Ukraine.
Specified in part 1 of this article, the restriction does not apply to women working at enterprises where busy only members of the same family. "
21. The parts of the second and third articles 190 to lay out in this Edition: "it is forbidden to also involve persons under eighteen to lifting and moving things, the weight of which exceeds the established limits for them.
The list of heavy work and jobs with hazardous or dangerous working conditions, as well as limit the standards of lifting and moving heavy things to persons under eighteen years of age shall be approved by the Ministry of health in consultation with the State Committee of Ukraine on supervision of labour safety ".
22. Article 191 lay in this Edition: "article 191. Medical examinations of persons under eighteen years of age All of a person younger than eighteen years of age are accepted for a job only after a preliminary medical examination and further, to reach 21 years old every year subject to mandatory medical examination ".
23. Article 192 lay in this Edition: "article 192. Prohibition to involve workers younger than eighteen years of age to night work, overtime and work on weekends it is prohibited to attract employees younger than eighteen years of age to night work, overtime and work on weekends. "
24. Part of the fourth article 244 lay in this wording: "trade unions exercising control over observance of the legislation on labour and labour protection regulations, control of housing and domestic service workers.
Part of the sixth article 244 exclude.
25. To supplement the code article 258-1 the following contents: "article 258-1. Social insurance against accidents and occupational diseases All employees subject to mandatory social insurance owner or authorized body against accidents and occupational diseases. Insurance is in order and on conditions determined by the law and collective agreement (agreement, employment agreement). "
26. Article 259 lay in this Edition: article 259. Body of supervision and control over observance of the legislation on labor supervision and control over observance of the legislation on labour exercise specifically authorized for that bodies and inspection that are independent in their activities from the owner or an authorized it.
The central organs of State executive power exercise control over observance of the legislation on work in enterprises, institutions and organizations that are located in their functional subordination.
Supreme supervision over the observance and correct application of the laws on work carried out by the Attorney General of Ukraine and the subordinate prosecutors. "
27. Article 260 lay in this Edition: "article 260. State supervision of labour protection State supervision of compliance with legislative and other normative acts on labour protection engaged: the State Committee of Ukraine on supervision of labour safety;
State Committee of Ukraine on nuclear and radiation safety;
bodies of State Fire supervision management of the fire service of the Ministry of Internal Affairs of Ukraine;
bodies and institutions of the sanitary-epidemiological service of Ministry of health of Ukraine ".
28. Article 261, 262 to exclude.
29. Article 263 lay in this Edition: "article 263. Powers of local State administrations and Councils of people's deputies in the field of labour protection local State administrations and Councils of people's Deputies within the respective territory: to ensure the implementation of the State policy in the field of labour protection;
form with the participation of trade unions programme on safety, hygiene and working environment, which have mìžgaluzeve value;
exercise control over the observance of legislation on protection of labour ".
30. Article 264 exclude.
31. Article 265 lay in this Edition: "article 265. Responsibility for violation of legislation on work of persons guilty of violation of the legislation on labour, shall bear responsibility according to the current legislation.

President of Ukraine Leonid KRAVCHUK, Kyiv, 15 December 1993 N 3694-XII