Basics of worker safety under the draft Labour Code of Ukraine

Abstract

The article analyses the draft Labour Code of Ukraine with regard to legal regulation of safety and health of employees.
 The author examines in detail Book Three «Safety and Health of Employees» of the draft Labour Code of Ukraine. It is established that this book contains the provisions of the draft Law of Ukraine «On Safety and Health of Workers at Work», which form a new system of management in this area.
 The article analyses the state of implementation of the Council Directive 89/391/EEC, Council Directive 89/654/EEC of 30 November 1989 on minimum safety and health requirements in work areas; Council Directive 92/85/EEC of 19 October 1992 on measures to improve the safety and health at work of pregnant, recently given birth or lactating workers; Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work in national legal practice.
 The author analyses the current regulatory legal acts in the field of labour protection and draws attention to the need to update the national labour legislation. The main areas of reform in the field of safety are highlighted, namely: general requirements for occupational safety and health protection at workplaces, machine safety, electrical equipment safety, personal protective equipment, use of explosives, mining operations and noise protection.
 The author establishes that the draft Labour Code of Ukraine provides for a change of legal emphasis from «labour safety» or «labour protection» to the European principle of «employee safety». The consequence of implementing this principle in practice will be the achievement of complete elimination or minimisation of risks to the life and health of each employee.
 The author examines the rules governing the safety and health of certain categories of employees, namely, female employees (pregnant employees, employees who have recently given birth and breastfeeding employees), employees under the age of 18, employees with disabilities. Concludes that the draft Labour Code of Ukraine does not pay due attention to the specifics of work of employees who have children under the age of three, or have a child with a disability, or are raising a child on their own, which requires further elaboration.
 Proposals are made regarding the need to enshrine in the draft Labour Code of Ukraine the minimum amount of funding for expenses incurred at the expense of the employer for the safety and health of employees at work.