Ukraine has a comprehensive framework of health and safety laws designed to protect workers and ensure the safety of food products.

Key Aspects of Health and Safety Laws

The main pillars of health and safety legislation in Ukraine are the Labor Code of Ukraine (Chapter XI) and the Law of Ukraine on Labour Protection. The Labor Code establishes the fundamental right of workers to a safe and healthy work environment, outlining employer responsibilities regarding workplace safety, provision of personal protective equipment (PPE), and hazard mitigation. The Law of Ukraine on Labour Protection supplements the Labor Code, detailing the procedures for accident investigation, recordkeeping, and employer-employee cooperation on safety matters.

These laws are further supported by various regulations addressing specific hazards like the Act on Pesticides and Agrochemicals and the Act on Protection of Human Being from the Effects of Ionizing Radiation. These regulations set exposure limits for hazardous substances and outline safety protocols for working in high-risk environments.

Shared Responsibility in Health and Safety

The Ukrainian health and safety framework emphasizes a shared responsibility between employers and employees for workplace safety. Employers are required to implement safety measures to prevent accidents and occupational illnesses, provide employees with proper training and instructions on safe work practices, conduct periodic risk assessments and implement controls to mitigate hazards, maintain a safe working environment and ensure the proper functioning of machinery and equipment. Employees, on the other hand, are expected to follow established safety rules and procedures, use provided PPE correctly, and report unsafe work conditions or practices to supervisors.

Food Safety and Quality Laws

Ensuring the safety and quality of food products is another crucial aspect of health and safety legislation in Ukraine. The primary law governing this area is the Law of Ukraine On Quality and Safety of Food Products and Food Raw Materials. This law establishes the legal framework for guaranteeing food safety throughout the production chain, from farm to table. It sets standards for food production, storage, transportation, and sale. The law is implemented by various regulatory bodies, including the Ministry of Health of Ukraine, which establishes safety limits for contaminants and additives in food products.

Ukraine has a well-established framework for occupational health and safety (OHS) through its national legislation and adherence to international standards set by the International Labour Organization (ILO).

National Regulatory Framework

Ukraine has a comprehensive legislative framework on OHS. The primary law is the Law of Ukraine "On Ensuring Sanitary and Epidemiological Well-being of the Population" which outlines general OHS principles. Specific regulations are in place for various industries and hazards.

OHS Management Systems

Workplaces in Ukraine are encouraged to implement OHS Management Systems (OHSMS). These proactive systems involve:

• Risk Assessment and Mitigation: Identifying workplace hazards and implementing controls to minimize risks.
• Training and Awareness: Providing employees with regular training on OHS procedures and safe work practices.
• Incident Reporting and Investigation: Establishing procedures for reporting and investigating work-related accidents and illnesses.

Information and Knowledge Sharing

The government and relevant institutions play a role in disseminating OHS information and best practices.

Workplace inspections in Ukraine are conducted by the State Labour Service of Ukraine (SLS) to ensure businesses comply with national regulations and promote safe work environments. The SLS inspectors evaluate workplaces based on several key criteria. These criteria encompass various aspects of workplace safety, such as the work environment, machinery and equipment, chemical substances, fire safety, and employee records.

Inspection Criteria

• Work environment: This includes assessing the physical layout, ventilation, lighting, and noise levels to ensure they meet health and safety requirements.
• Machinery and equipment: Inspectors verify if machinery is properly maintained and secured, and if workers have the necessary training and personal protective equipment (PPE) to operate it safely.
• Chemical substances: The safe handling, storage, and disposal of hazardous chemicals are scrutinized to minimize risks associated with exposure.
• Fire safety: Emergency exits, fire alarms, and fire extinguishers are inspected to ensure their functionality and proper maintenance in accordance with fire safety regulations.
• Employee records: The SLS reviews documentation related to employee training, work schedules, and accident reporting to ensure adherence to labor laws and OSH best practices.

Inspection Frequency

The frequency of workplace inspections depends on the level of risk associated with the business activity. Workplaces are categorized into three risk classes:

• Class I (High Risk): Inspected at least once every year. (e.g., construction, mining, chemical manufacturing).
• Class II (Medium Risk): Inspected at least once every three years. (e.g., food processing, machine manufacturing).
• Class III (Low Risk): Inspected at least once every five years. (e.g., office work, retail).

Unscheduled inspections can also be conducted in response to worker complaints, reports of work-related accidents, or suspicion of non-compliance.

Follow-Up Actions

Following an inspection, the SLS issues a report outlining their findings. If any violations are identified, the inspector will outline corrective actions the employer must take to achieve compliance. These actions may involve:

• Implementing corrective measures: This could include repairing faulty equipment, improving ventilation systems, or providing additional training for employees.
• Paying administrative fines: Fines are imposed for failure to comply with OHS regulations.
• Facing potential suspension of operations: In severe cases of non-compliance, the SLS has the authority to temporarily suspend a business's operations until safety concerns are addressed.

In Ukraine, employers are obligated to ensure a safe working environment and respond effectively to workplace accidents. This includes adhering to specific protocols for dealing with such incidents, which encompass reporting requirements, investigation processes, and compensation claims.

Reporting Requirements

Medical establishments treating an unreported occupational accident victim are required to notify the enterprise owner within 24 hours. Upon receiving the accident report, the enterprise owner then establishes a commission to investigate the incident.

Investigation Processes

The investigation commission is responsible for gathering information about the accident. This includes determining the cause, assessing the severity, and evaluating adherence to safety regulations. The commission's report details the findings and proposes preventative measures to avoid similar accidents in the future.

Compensation Claims

Ukrainian legislation outlines an employee's right to compensation following a workplace accident. The type and amount of compensation depend on the severity of the injury:

• Temporary Disability: If an employee experiences temporary disability due to the accident, they receive social security benefits covering a portion of their earnings.
• Permanent Disability: In cases of permanent disability caused by the workplace accident, the employee may be eligible for permanent disability benefits.
• Fatal Accidents: If a workplace accident results in an employee's death, their dependents are entitled to survivor's benefits.