Ukraine changes occupational safety rules: social guarantees caused disputes

A large-scale reform of occupational safety is being prepared in Ukraine, which will change the approach to safety at enterprises and the responsibility of employers. The new rules, provided for by draft law No. 10147, should bring Ukrainian legislation closer to European Union standards. At the same time, the reform has caused disputes due to possible consequences for workers in hazardous industries and guarantees for the protection of pregnant women.

The changes are provided for by the draft law "On Safety and Health of Workers at Work", which the Verkhovna Rada adopted on October 12. Its main goal is to move from a system that mainly regulates the rules for performing hazardous work to a model in which the employer must identify and eliminate risks to workers' health in advance.

How the new system will differ from the current one

As explained in the accompanying documents to the draft law, the current Ukrainian occupational safety system operates mainly on a reactive principle. The state establishes numerous safety rules, controls their observance, and applies sanctions for violations.

The authors of the reform consider this approach outdated. In their opinion, a significant part of regulatory requirements is formal in nature and does not always help prevent occupational injuries.

Instead, the new system provides for regular assessment of occupational risks at each workplace. The employer will have to identify hazardous factors, assess possible consequences for workers, and implement measures to eliminate or minimize threats.

Priority is proposed to be given to eliminating the sources of danger themselves, not just to using personal protective equipment. For example, instead of constantly working with hazardous equipment with additional protective equipment, the employer should consider replacing it with safer equipment.

New concepts are also introduced into legislation, including occupational risk, risk assessment, incident, and audit of the workers' safety system.

Enterprises will need not only to investigate accidents but also to record hazardous incidents that could have led to injury, even if it was avoided.

Why the changes are related to European integration

The reform is part of Ukraine's obligations under the Association Agreement with the European Union. Its basis is the framework Council Directive 89/391/EEC, which establishes principles for preventing occupational risks and employers' responsibility for workers' safety.

The European model assumes that the employer must adapt workplaces to people's needs, timely modernize equipment, and take into account hazards already at the stage of organizing production processes.

The explanatory note states that the changes should also bring Ukraine closer to other EU directives, in particular regarding minimum safety requirements at workplaces, protection of pregnant workers, and employment of minors.

The authors of the draft law expect that the transition to European standards will contribute to improving safety, simplifying regulation for business, and increasing the competitiveness of Ukrainian enterprises on international markets.

However, European directives primarily establish requirements for protecting workers' health, not an obligation for the state to cancel national social benefits. Therefore, changes in the occupational safety system and the possible review of compensations for harmful working conditions should be considered separately.

Are benefits for workers in hazardous industries being canceled?

The greatest disputes were caused by the possible consequences of the reform for workers at enterprises with harmful and dangerous working conditions.

After the vote, certain members of parliament and trade union representatives spoke out against the document. They claimed there are risks of losing preferential pensions, additional paid vacations, reduced working hours, and other compensations for workers in the metallurgical, chemical, mining, and other industries.

However, these claims require an important clarification.

Draft law No. 10147 does not directly repeal Article 114 of the Law "On Mandatory State Pension Insurance", which regulates the granting of pensions on preferential terms. Therefore, the adoption of the document does not automatically deprive workers of the right to such pensions or cancel previously acquired length of service.

At the same time, the influence of the new occupational risk assessment system on confirming harmful working conditions remains debatable. Workers' representatives fear that changing approaches to risk classification may in the future complicate obtaining certain compensations.

In the initial comparative table of the draft law, dated October 2023, it was planned to exclude Chapter XI of the Labor Code, dedicated to occupational safety, and transfer the regulation of this area to a new special law.

However, excluding provisions from one legislative act does not in itself mean canceling all relevant rights, if they are preserved or regulated by other laws.

For a final assessment of the impact on additional vacations, remuneration, and compensations, it is necessary to consider the full text revised for the second reading, as well as current norms of pension and labor legislation.

Guarantees for pregnant women: the European approach

Special attention was drawn to reports about a possible change in the rules for involving pregnant women and mothers of young children in work.

Currently, the Labor Code of Ukraine prohibits involving pregnant women and women with children under three years of age in night, overtime, and weekend work. Also, based on a medical report, pregnant women are guaranteed transfer to lighter work without exposure to adverse production factors with preservation of average earnings.

European Directive 92/85/EEC uses a somewhat different protection mechanism. It provides for assessment of hazards for pregnant workers, women who have recently given birth, and breastfeeding women.

If work poses a threat to health, the employer must first change its conditions or working hours. If this is impossible, transfer the worker to another job, and if this is not possible, provide leave in accordance with national legislation.

Regarding night shifts, European rules require ensuring the possibility of release from night work if there is medical confirmation of the need.

At the same time, claims about the complete abolition of the right of pregnant women to be transferred to safer work or the automatic permission for employers to involve them in night shifts are not confirmed by the provided comparative table of 2023. In particular, it does not provide for the direct exclusion of Articles 176 and 178 of the Labor Code, which establish corresponding guarantees.

Since the document was revised for the second reading, the final legal consequences for these categories of workers should be determined based on the final version of the law, not only on its initial materials.

Employers will bear responsibility for production risks

The reform also changes the approach to the liability of enterprises for injuries to workers.

The explanatory note to the draft law provides for the possibility of imposing material liability on the employer for harm to the life and health of a worker due to insufficient or ineffective safety measures.

Based on a court decision, the employer may be obliged to compensate the social insurance system for expenses related to payments and services associated with an industrial accident.

At the same time, the initial comparative table retains the provision according to which a violation of safety rules by the worker does not release the insurer from obligations to the victim.

Therefore, reports about the automatic cancellation of free treatment for all workers who have suffered industrial injuries do not directly follow from the provided documents.

When will the new rules come into effect

As of October 14, draft law No. 10147 has been adopted by parliament, but has not yet entered into force.

After the vote on October 12, two resolutions were registered in the Verkhovna Rada to cancel the decision on its adoption - No. 10147-P and No. 10147-P1. As a result, the completion of the sign-off procedure remains open.

Already during the preparation of the draft law, the trade union side did not agree with its initial version. This is noted in the explanatory note of 2023.

Thus, the main change envisaged by the European integration reform is the transition from formal compliance with occupational safety rules to mandatory prevention of risks for workers. At the same time, the impact of the new system on specific social guarantees remains a subject of discussion and requires analysis of the final version of the document.

Source: Verkhovna Rada of Ukraine - draft law No. 10147, Yulia Tymoshenko, Mykhailo Volynets