Ukraine: Penalties for breaching workplace risk assessment requirements

State Labour Protection Service has issued a reminder that all organisations are required to perform workplace risk assessment (the Attestation of workplaces), in accordance with the procedure adopted by Decree No. 442 of 1 August 1992 and Methodical Recommendations adopted by Decree No. 41 of 1 September 1992.

Workplace risk assessment (Attestation) is compulsory for all organisations where the technological process, used equipment, raw materials and production materials are a potential source of harmful or hazardous working conditions that may have a negative impact on the health of employees and their descendants, both at present or in the future.

Organisations must organize the Attestation at least once every five years. The Attestation is to be conducted by the Attestation Commission appointed by the head of organization. The Attestation Commission must include a representative of a workers’ representative body (trade union) or a person authorized by employees. It is also recommended to include into the Commission the senior specialists, HR managers, OHS managers and specialists, etc. In addition, the organization may involve third party organisations, such as scientific organisations, technical inspection bodies, etc.   It is important to note that the responsibility for accurate and timely Attestation lays with the employer (the head of the organization).

Financial penalties for failing to organize a timely Attestation and/or to comply with the statutory requirements pertaining to the performance of the Attestation range from UAH 510 to 1700 (EUR 17 – 58), and in case of a repeated offence – from UAH 1700 to 5100 (EUR 58 – 174).

Law: Letter issued by the State Service of Ukraine on the Issues of Labour No. 1290 / 4.3 / 4.6-DP-17, dated 7 February 2017