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A bill has been registered in the Verkhovna Rada that updates fines and rules of liability for violations of occupational safety requirements. The proposed changes will affect both employers and employees.
New fines and inspector powers
A group of people's deputies proposed a substantial update to the Code of Administrative Offenses and the Criminal Code of Ukraine regarding worker protection at work. According to the bill card No.16070, the initiators of the document are MPs Halyna Tretyakova, Roksolana Pidlasa, Serhiy Taruta, Mykhailo Radutskyi and other members of the relevant committees. The project was submitted by the Prime Minister.
The main aim of the legislative changes is to modernize occupational safety rules and increase employer accountability for creating hazardous conditions in workplaces.
The bill proposes to change the title and content of article 41 of the Code of Administrative Offenses. The new version clearly defines liability for violations of the requirements of legislative and other regulatory legal acts regarding the safety and health of workers at work.
A special central executive body will be responsible for handling such cases. According to the proposals, the range of officials who can impose financial penalties on violators is being expanded. The amount of the fine will depend on the category of offense and the inspector’s position.
In particular, for certain violations of occupational safety legislation:
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ordinary state inspectors will be able to issue fines up to 25 non-taxable minimum incomes of citizens;
heads of the central body or their deputies will have the right to fine violators up to 50 non-taxable minimum incomes.
For more serious offenses, more substantial sanctions are provided. For example, for violations under certain articles of the law, heads of the central body will be able to impose a maximum fine of up to 600 non-taxable minimum incomes of citizens.
Criminal liability is also provided
The changes will affect article 272 of the Criminal Code of Ukraine, which regulates the performance of especially dangerous works. Criminal punishment will threaten both the employer and the employee if a violation of safety requirements resulted in harm to the victim’s health.
A lengthy adaptation period has been provided for businesses and enterprises. If adopted, the law will take effect only six months after the termination or repeal of martial law in Ukraine.
Recall that the Cabinet of Ministers has resubmitted a draft of the new Labor Code to the Verkhovna Rada, which is to replace the current Code of Labor Laws 1971 year. For now it is only a draft; it still has to be considered by the deputies.
For employees, it is proposed to increase the minimum duration of annual paid leave and to update the rules for determining the minimum wage. Issues of discrimination, mobbing and harassment at work will be regulated separately, and modern mechanisms for resolving labor disputes will be provided.
Overall, the project implements more than 30 EU directives, bringing Ukrainian labor legislation closer to European rules.
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