Lecture – labor protection and fire safety in ukraine – Basic legislative requirements – Racio

Lecture – labor protection and fire safety in ukraine – Basic legislative requirements – Racio

30 June 2020

СONTENTS

  1. BASIC STATUTORY REQUIREMENTS
  2. OBLIGATIONS OF THE COMPANY
  3. STRUCTURE OF COMPANY’S INTERNAL SECURITY DOCUMENTATION
  4. TRAININGS CONDUCTED IN THE TRAINING CENTER
  5. PERSONNEL TRAININGS WITHIN THE COMPANY
  6. PROVIDING PERSONNEL WITH PROTECTIVE
  7. EMPLOYEE MEDICAL EXAMINATIONS EQUIPMENT
  8. GOVERNMENTAL PERMITS
  9. STATE INSPECTIONS
  10. RESPONSIBILITY OF THE COMPANY’S MANAGERS

1. BASIC STATUTORY REQUIREMENTS

The Law of Ukraine “On Labor Protection” regulates staff security issues in Ukraine. The Law specifies the obligations of the employer, the employee and the occupational safety service in relation to each other.

These relationships are as follows:

  1. It is the duty of employers to provide workplaces that are free of known dangers that could harm the health of their employees or somehow threaten their lives.
  2. It is the duty of employees to comply with the safety rules, established by their employer.
  3. It is the duty of the occupational safety service to organize the process of creating favorable conditions on the workplace and monitor compliance with the established rules.

Fire Safety issues in Ukraine are regulated by a number of legislative acts. The main ones are as follows:

  1. The Code of Civil Protection of Ukraine.
  2. Fire Safety Rules of Ukraine.
  3. State Building Codes of Ukraine (DBN).

The Code outlines the main activities of organizations in the field of fire safety. Fire Safety Rules establish more specific requirements for the fire protection of buildings and structures. State Building Codes specify the requirements for the design of buildings, evacuation systems, fire-fighting equipment.

The requirements of ISO international safety standards can be applied but are not mandatory in Ukraine. Local legislation has priority over international standards.

2. OBLIGATIONS OF THE COMPANY

Obligations of the company in the field of Occupational Safety:

In order to create optimal conditions at workplaces and fulfill the requirements of legislation, the company’s management shall complete the following tasks:

  1. Develop and implement internal documentation of the enterprise in the field of labor protection (regulations, instructions, and programs).
  2. Allocate tasks in the field of Personnel Security among managers.
  3. To conduct training for managers in a specialized training center.
  4. To conduct trainings among staff on the developed internal documents.

Obligations of the company in the field of Fire Safety:

In order to comply with the Fire Safety Rules, the company shall do the following:

  1. Register the Declaration of Work Commencement in the fire supervision bodies.
  2. Allocate tasks in the field of Fire Safety among managers.
  3. To conduct training for managers in a specialized training center.
  4. Provide the company’s buildings with necessary number of fire extinguishers.
  5. To conduct trainings among the personnel on the evacuation procedure.

3. STRUCTURE OF COMPANY’S INTERNAL SECURITY DOCUMENTATION

The internal documentation of the company shall include such documents:

1. Provisions.

1.1. Provisions on the occupational safety management system.

1.2. Provisions on the occupational safety service.

1.3. Provisions on the procedure for conducting training and knowledge testing on labor protection issues. 1.4. Provisions on the duties of persons authorized by the labor collective to control the implementation of labor protection rules.

2. Instructions.

3. Orders.

4. Procedures and Programs.

5. Training registration books.

1.1. Provision on the occupational safety management system.

This provision establishes the goals that the organization seeks to achieve in the field of personnel security, methods of achieving these goals, as well as methods of control in the way of achieving these goals. The provision also establishes the areas of competence of managers and services, as well as their interaction.

1.2. Provision on the occupational safety service.

This document describes the duties and technical capacity of the occupational safety service or the employee who performs its functions.

1.3. Provision on the procedure for conducting training and knowledge testing on labor protection issues.

This provision defines the procedure for conducting briefings for employees, as well as special trainings for managers in training centers.

1.4. Provision on the duties of persons authorized by the labor collective to control the implementation of labor protection rules.

According to the legislation, the labor collective shall have the right to participate in the management of company’s labor protection system. To do this, the staff of the company select a representative at the general meeting who will monitor the actions of managers in ensuring safe working conditions and defend the interests of employees against the employer.

Such provisions define the mechanism of these interactions.

2. Instructions

The instructions shall describe the basic principles of safe work for a particular profession, if the work in this position involves any actions or operations that may lead to injury.

If the worker’s position is not associated with occupational risks of injury, then such worker shall receive instructions on the type of works or equipment that he/she use.

3. Orders

Company orders assign functional responsibilities in the areas of control, responsibility and other interactions in labor protection and fire safety systems. Orders shall define areas of responsibility for document flow, instructions, equipment handling, and personnel control.

If an order does not outline the duties listed above, then according to the law, such duties shall be automatically assigned to the head of the company.

4. Procedures and Programs.

The company shall develop special training programs for its employees on the safe methods of work (such program shall include a list of issues to be studied, and such issues are disclosed in the text of instructions), the course of actions in case of fire, other procedures and programs according to the main risks of the company.

5. Training registration books.

Instructions, trainings or briefings, as well as other periodic events shall be recorded in the registration books signed by people who participated in such instructions, trainings or briefings.

These entries shall be considered proof that employees are familiar with the security rules established by the company.

4. TRAININGS CONDUCTED IN THE TRAINING CENTER

Managers who are responsible for security shall undergo the training in special training centers in accordance with their areas of responsibility.

The most common areas of responsibility are the following:

  • General issues of labor protection (this training course is developed for company managers and heads of departments)
  • Fire Safety
  • Electrical safety
  • Vehicle safety
  • Work in warehouses with the use of loading equipment

Also, the state has established a list of works for which workers must undergo special training in the training center. As a rule, these are works using technological equipment or production processes.

The company pays for training its employees in training centers.

5. PERSONNEL TRAININGS WITHIN THE COMPANY

In accordance with existing legislation, personnel shall undergo training in occupational health and fire safety in the following cases:

  1. In the process of recruitment.
  2. During the period of employment (with the established frequency).

The frequency of repeated briefings shall be established by the state.

The employees whose work is not associated with the risk of injury shall undergo trainings every six months. The employees whose work is associated with the risk of injury – every three months.

Fire safety trainings shall be held once a year. If the company performs fire-hazardous works or provides fire-hazardous services – every six months.

Trainings on labor protection and fire safety can be conducted jointly.

6. PROVIDING PERSONNEL WITH PROTECTIVE EQUIPMENT.

Employees who perform:

  1. Works associated with the risk of pollution,
  2. Work in the open air shall be provided with special clothes at the expense of the company.

If an employee performs works associated with the risk of injury or harmful or dangerous factors, the company must provide such workers with the means to protect against these factors.

Clothing and protective equipment issued to the employee are the property of the company. Procedures of providing clothes and protective equipment are established by a document called: «Requirements for personal protective equipment used at work (NPAOP 0.00-7-17-18)»

7. EMPLOYEE MEDICAL EXAMINATIONS EQUIPMENT

The list of jobs and professions for which the employee must undergo a medical examination when applying for a job is set by the state in the document: “The procedure for conducting medical examinations of certain categories of employees”. (approved by the Order No. 246 of the Ministry of Health of Ukraine dated 05/21/2007)

If an employee is going to perform works specified in Attachment 5 or, to be in contact with the substances listed in Attachment 4 of this document, he must be examined by the medical commission and receive its permit to perform such works before being hired.

The frequency of repeated medical examinations is also set forth in this document. Most often this is once a year or once every two years.

Medical examinations are paid by the company.

8. GOVERNMENTAL PERMITS

There are two types of Governmental Permits:

  1. Permits from the state labor service.
  2. Permits from the fire authorities.

Permits from the state labor service must be obtained in case of using equipment, which can cause increased risks during it exploitation, or in case of performing works that can cause increased risks for their performers, as well as third parties.

The list of such equipment and such works is established by the state in the “Procedure for issuing permits for high-risk works and for operating (using) high-risk machines, mechanisms, equipment” (approved by the Resolution No. 1107 of the Cabinet of Ministers of Ukraine dated October 26, 2011)

If the company performs such work or uses the equipment listed in Attachments 2 and 3 of this Procedure, the company should receive official permission for this work.

If the company performs work or uses the equipment listed in Attachments 4 and 5, the company must declare the performance of such work.

Declaration is a written notification to the state authorities on certain actions or operations. The declaration can be submitted in electronic form on the website of the state labor service.

Permission from the fire inspectorate is a declaration in which the company guarantees that its premises comply with fire safety regulations.

This type of declaration can also be filed electronically on the website of the State Emergency Service.

The procedure for filling out and registering such declaration is described in “The procedure for filing and registering a declaration of conformity of the material and technical base of a business entity with the requirements of legislation on fire safety issues” (approved by the Resolution No. 80 of the Cabinet of Ministers of Ukraine dated February 14, 2018).

9. STATE INSPECTIONS

Security audits of enterprises are usually carried out by:

  1. The State Labor Service.
  2. The State Emergency Service (fire control authorities).

Such inspections can be scheduled and unscheduled.

The frequency of scheduled inspections by the state labor service is set depending on the risk class assigned to the enterprise:

  • companies with a low risk class – once in 5 years,
  • with an average risk class – once in 3 years,
  • with a high risk class – once in 2 years.

The frequency of scheduled inspections of fire authorities is also set depending on the risk class:

  • companies with a low risk class – once in 5 years,
  • with an average risk class – once in 2 years,
  • with a high risk class – once a year.

Lists of companies to be inspected next year are published at the end of current year on the site https://inspections.gov.ua

The company shall be notified by mail 10 days before the inspectors arrive.

10. RESPONSIBILITY OF THE COMPANY’S MANAGERS BEFORE THE STATE

For violation of the requirements of legislation in the field of labor protection and fire safety, penalties could be imposed on the company or its managers.

The amount of such a penalty is established in the Code of Administrative Offenses. To date, the administrative penalty for violation of labor protection standards is from 20 to 40 non-taxable minimums.

In case of serious violations that led to an accident, injury or loss of life, company managers may be punished by criminal law.

Article 271. Violation of the requirements of labour protection legislation

1. If the violation caused harm to the health of the victim, the company/head/manager of the company shall be punished with a financial penalty of one hundred to two hundred non-taxable minimum incomes of citizens or with correctional labor for a term of up to two years, or restriction of liberty for the same term.

2. If the violation resulted in death or other serious consequences, the company/head/manager of the company shall be punished with correctional labor for a term of up to two years or restriction of liberty for up to five years, or imprisonment for up to seven years with deprivation of the right to hold certain posts or engage in certain activities for up to two years or without such deprivation.

Article 272. Violation of safety rules when performing works associated with high risk

1. If the violation caused a threat of death or other serious consequences, or caused harm to the victim’s health – a financial penalty of one hundred to two hundred non-taxable minimum incomes of citizens or correctional labor for a term of up to two years, or restriction of liberty for a term of up to three years.

2. If the violation led to the death of people or other severe consequences – restriction of liberty for a term of up to five years or imprisonment for up to eight years.

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