Occupational Safety Services. Occupational Safety at the Workplace

 YOUR GOAL

Occupational Health and Safety (OHS) is a comprehensive system of measures and procedures designed to protect people's health, lives and working capacity in the course of their professional activities. Proper organization of occupational health and safety is essential for every company, without exception. Therefore:

• If you have decided to establish a truly reliable occupational health and safety department at your company.
• If you want to provide every employee with high-quality working conditions that are safe for their health and well-being.
• If you need to establish an efficient and well-organized occupational health and safety management process in your company as quickly as possible.
• If you want occupational health and safety practices across all departments of your company to comply with applicable legal requirements.
• If you need to develop comprehensive occupational health and safety programs and action plans aimed at improving working conditions, preventing occupational diseases and eliminating workplace accidents and injuries.
• If you need assistance with preparing occupational health and safety reports or organizing inspections to ensure that your company's employees comply with applicable occupational health and safety laws and regulations.

In that case, you will certainly benefit from the services provided by «EUROVECTOR» Law Firm: «OCCUPATIONAL HEALTH AND SAFETY AT THE WORKPLACE».

 MORE DETAILS: OCCUPATIONAL HEALTH AND SAFETY DEPARTMENT AT YOUR COMPANY

Article 43 of the Constitution of Ukraine guarantees every citizen the right to work and also establishes everyone's right to proper, safe and healthy working conditions.

Under Article 13 of the Law of Ukraine «On Occupational Health and Safety», an employer is required to ensure that working conditions at every workplace and in every structural unit comply with applicable regulatory requirements, as well as to guarantee compliance with legislation governing employees' rights in the field of occupational health and safety.

The employer bears direct responsibility for any violations of these requirements.

Proper implementation of the obligations established by the Constitution of Ukraine and other applicable regulations concerning the creation of safe and healthy working conditions is only possible if an occupational health and safety department is established within the company. It remains extremely important for business owners and company managers at all levels to understand this and not treat this essential matter as a secondary priority.

Establishing an occupational health and safety department and ensuring its proper operation are among the key responsibilities of any business and constitute a mandatory obligation for every employer. This obligation must be fulfilled responsibly, since the owner's or manager's approach to establishing such a department reflects their overall attitude towards creating safe and healthy working conditions and, consequently, protecting the lives and health of their employees.

The occupational health and safety department is the body responsible for managing occupational health and safety within a company. The form in which this department is established and operates depends on the number of employees working for the company.

Article 15 of the Law of Ukraine «On Occupational Health and Safety» stipulates that employers at companies with 50 or more employees must establish an occupational health and safety department in accordance with the Model Regulation approved by the specially authorized central executive authority responsible for occupational health and safety supervision.

At companies with fewer than 50 employees, occupational health and safety functions may be performed on a part-time or additional-duty basis by individuals with the appropriate professional training.

At companies with fewer than 20 employees, external occupational health and safety specialists with the appropriate qualifications may be engaged under a service agreement to perform these functions.

What are the main responsibilities of an occupational health and safety department?

Under the Model Regulation on Occupational Health and Safety Departments, approved by Order No. 255 of the State Committee of Ukraine for Industrial Safety, Occupational Health and Mining Supervision, the department is responsible for the following tasks:

1 Developing an effective occupational health and safety management system within the company and promoting improvements in this area across every structural unit and among all employees. Providing professional support to the employer when making decisions on occupational health and safety matters.

2 Organizing preventive measures aimed at eliminating harmful and hazardous workplace factors, preventing industrial accidents, occupational diseases and other incidents that may pose a threat to employees' lives or health.

3 Studying and promoting the implementation of scientific and technological advances, innovative and safe technologies, and modern collective and personal protective equipment for employees.

4 Monitoring employees' compliance with occupational health and safety laws and other regulatory requirements, the provisions of any applicable industry-level agreements, the "Occupational Health and Safety" section of the collective bargaining agreement, and internal occupational health and safety regulations in force within the company.

5 Providing employees with information, guidance and explanations on occupational health and safety matters.

In other words, the occupational health and safety department is responsible for establishing healthy and safe working conditions and protecting employees' lives and health while they perform their professional duties.

Functions of the Occupational Health and Safety Department:

• developing comprehensive measures, action plans and programs to improve working conditions and prevent workplace accidents and occupational diseases, in cooperation with other company departments;
• preparing draft orders on occupational health and safety matters and submitting them to the employer for consideration;
• monitoring employees' compliance with occupational health and safety laws and regulations;
• preparing occupational health and safety reports;
• conducting occupational health and safety briefings for employees;
• maintaining records of workplace accidents and analyzing their causes;
• ensuring the proper preparation and storage of occupational health and safety documentation, as well as its timely transfer to the archive for long-term retention;
• preparing, together with the heads of company departments, lists of occupations, job positions and types of work for which occupational health and safety instructions must be developed, and providing assistance in drafting these instructions;
• informing employees about the key requirements of laws, other regulatory legal acts and internal occupational health and safety regulations applicable within the company;
• reviewing cases involving confirmation of hazardous working conditions that have caused an employee to refuse to perform an assigned task, as well as considering letters, applications and complaints submitted by company employees concerning compliance with occupational health and safety legislation;
• organizing the provision of company departments with applicable occupational health and safety regulations, reference materials and training resources; organizing the occupational health and safety office, meetings, seminars and other events on relevant matters;
• another important responsibility of the occupational health and safety department is participating in the investigation of workplace accidents, occupational diseases and industrial emergencies.

Occupational health and safety specialists also participate in preparing sanitary and hygienic assessments of workplaces for employees undergoing examinations for suspected occupational diseases; conducting internal occupational health and safety audits and workplace assessments to verify compliance with applicable occupational health and safety regulations; preparing lists of occupations and job positions for which employees must undergo mandatory pre-employment and periodic medical examinations; organizing occupational health and safety training and supporting the work of committees responsible for assessing employees' knowledge in this field.

Powers of the Occupational Health and Safety Department

Occupational health and safety specialists are required to monitor the employer's compliance with occupational health and safety legislation. In this regard, they are authorized to issue mandatory corrective instructions to eliminate identified deficiencies to the heads of the company's structural departments, obtain the necessary information and documentation from them, and request explanations concerning occupational health and safety matters. Such an instruction issued by an occupational health and safety specialist may only be revoked by the employer. The instruction is prepared in two copies: one is issued to the manager responsible for the relevant work, facility or workshop, while the second remains with the occupational health and safety department, where it is registered and retained for five years. If the head of a company department refuses to sign for receipt of the instruction, the occupational health and safety specialist submits a formal report to the person to whom that department is administratively subordinate or directly to the employer.

The occupational health and safety department is also authorized to:

• suspend the operation of production facilities, work areas, machines, mechanisms or equipment in the event of violations that pose a threat to employees' lives or health;
• require the suspension from work of individuals who have not completed mandatory medical examinations, training, safety briefings or knowledge assessments required by law, who lack authorization to perform the relevant work, or who fail to comply with occupational health and safety regulations;
• submit formal recommendations to the employer proposing disciplinary or other liability measures against company officials and employees who violate occupational health and safety requirements;
• submit proposals for rewarding employees who have made an active contribution to improving workplace safety;
• with the approval of the employer and heads of company departments, involve company specialists in inspections and assessments of occupational health and safety conditions.

As we can see, establishing an occupational health and safety department within a company is important not only for ensuring compliance with the relevant legal requirements, but also for minimizing the employer's liability risks arising from occupational health and safety violations. In addition, such a department performs a number of other essential functions, including maintaining occupational health and safety records, conducting safety briefings, assessing employees' knowledge and much more.

Liability for Violations of Legal Requirements Governing the Establishment and Operation of an Occupational Health and Safety Department

Part 2 of Article 41 of the Code of Ukraine on Administrative Offenses (CUAO) provides that violations of legislative and other regulatory requirements concerning occupational health and safety may result in fines imposed on officials of enterprises, institutions and organizations, regardless of their form of ownership, as well as individual entrepreneurs, ranging from UAH 340 to UAH 680. It should also be noted that Article 188-4 of the CUAO provides for stricter liability for failure to comply with the lawful instructions of officials representing the specially authorized central executive authority responsible for occupational health and safety supervision. Such violations may result in fines of up to UAH 1,700 for company officials.

The penalties provided for under the Criminal Code of Ukraine for violations of occupational health and safety legislation may include imprisonment for up to eight years.

Employees of the occupational health and safety department bear personal responsibility for:

• Ensuring that the decisions they make comply with applicable occupational health and safety legislation.
• Failure to perform their assigned duties and responsibilities.
• The accuracy and timely preparation of occupational health and safety statistical reports.
• The quality of investigations into workplace accidents conducted by them.

Organizational Aspects of Establishing an Occupational Health and Safety Department

The initial steps involved in organizing the work of an occupational health and safety department include:

1 Issuing an order to establish an occupational health and safety department within the company, specifying the following matters:

• establishment of the occupational health and safety department within the company;
• approval of the Regulation on the Occupational Health and Safety Department;
• appointment of the head and employees of the occupational health and safety department;
• approval of the Regulation on Occupational Health and Safety Training, the Occupational Health and Safety Management System Regulation, and other internal occupational health and safety documents, taking into account the company's specific activities;
• designation of the occupational health and safety department employees responsible for conducting safety briefings and assessing employees' knowledge of occupational health and safety requirements;
• approval of the following instructions:
  • instructions for conducting initial occupational health and safety briefings;
  • instructions for conducting primary workplace safety briefings;
  • fire safety instructions for the company;
  • electrical safety instructions for non-electrical personnel (Electrical Safety Group I).

Depending on the specific nature and characteristics of a particular company, the number of matters requiring approval by internal orders may be considerably greater.

2 Ensuring that occupational health and safety training and knowledge assessments are conducted (as required by Clause 1.6 of the Model Regulation on the Procedure for Conducting Occupational Health and Safety Training and Knowledge Assessments and the List of High-Risk Work, approved by Order No. 15 of the State Committee for Industrial Safety, Occupational Health and Mining Supervision dated January 26, 2005: «Training and knowledge assessments for employees of the occupational health and safety department shall be conducted in accordance with the procedure established by law, upon employment and periodically once every three years»);

Such training is provided by specialized educational institutions.

3 Developing and obtaining the company manager's approval of job descriptions for the head and employees of the occupational health and safety department.

4 Ensuring that all regulatory, technical and other occupational health and safety documentation required by the company is properly maintained, stored and monitored.

The Law of Ukraine «On Occupational Health and Safety» (Article 15) and the Model Regulation on the Occupational Health and Safety Department (Clause 1.8) prohibit the abolition of an occupational health and safety department. Such a department may only be dissolved if the company itself is liquidated.

One of our company's areas of activity is providing consultations on occupational health and safety matters. Our specialists have relevant professional experience and have completed the required occupational health and safety training. If your company has fewer than 20 employees, you can engage our specialists under a service agreement to perform the functions of an occupational health and safety department on your premises.

The specialists at «EUROVECTOR» Law Firm take a comprehensive approach to establishing an effective occupational health and safety management system within your company.

By working with us, you gain access to a team of occupational health and safety professionals at the cost of hiring just one employee! This arrangement offers significant savings on salaries, paid annual leave, sick leave and other employment-related expenses.

Our comprehensive occupational health and safety support includes the following services:

• Consultations provided by occupational health and safety specialists.
• Organization of occupational health and safety audits.
• Development of internal occupational health and safety regulations and policies.
• Implementation of all necessary forms, templates and record-keeping logs.
• Completion of logs and forms, and preparation of orders concerning employee training periods and authorization to work at specific workplaces.
• Organization of occupational health and safety training and knowledge assessments.
• Development of training materials and topics for introductory safety briefings.
• Implementation and ongoing maintenance of an occupational health and safety management system.
• Preparation of documents and implementation of all necessary procedures to obtain permits for hazardous work and for the operation and use of high-risk equipment, machinery and mechanisms.
• Direct participation in workplace accident investigations.
• Development of a comprehensive action plan to ensure compliance with occupational health and safety regulations, as well as implementation and monitoring of the required measures.
• Preparation of a collective bargaining agreement (at the client's request).
• Assistance with organizing mandatory employee medical examinations.
• Organizing the preparation of documentation for occupational safety expert review.
• Obtaining permits for high-hazard work.

Working with our company is convenient and cost-effective, above all for you. Occupational health and safety support provided by «EUROVECTOR» gives you an opportunity to minimize all adverse factors associated with risks to employees' lives and health in the workplace and, consequently, reduce the employer's liability in the event of industrial emergencies, workplace accidents and occupational diseases.

Legal Services and Ongoing Support in Occupational Health and Safety

 IMPORTANT

Ukraine's state policy on occupational health and safety is based on the principles of prioritizing employees' lives and health, as well as the employer's full responsibility for providing proper, healthy and safe working conditions.

Occupational health and safety in the workplace is an essential aspect of the operation of any organization and should never be overlooked. This is because Ukrainian legislation establishes numerous legal requirements obliging employers to ensure occupational health and safety at their companies, provide employee training and professional development, maintain technical supervision over the condition of technologies, production facilities and products, improve industrial safety standards, conduct appropriate workplace safety briefings and fulfill other related obligations.

Individuals found guilty of violating occupational health and safety regulations or obstructing the work of officials responsible for state supervision in this field may be held administratively, criminally, financially or disciplinarily liable.

In addition, the state establishes uniform requirements to ensure reliable social protection for employees. Accordingly, employees who suffer workplace injuries or occupational diseases are entitled to full compensation for the damage incurred.

 PRICING

Subscription-Based Occupational Health and Safety and Industrial Safety Services. Pricing:

Subscription-Based Services for Small Businesses with Up to 50 Employees Engaged in High-Risk Work and Operating High-Risk Machinery, Mechanisms and Equipment: Construction Companies, Manufacturing Facilities, Logistics Companies, Mini Filling Stations, Petrol Stations, LPG Filling Stations, LPG Stations, CNG Filling Stations, and Companies Involved in the Storage and Production of Oil and Gas Products:

No.	Services Included in the Easy Start Package	Easy Start Package
1	Assessment of the company's material and technical resources and preparation of a list of measures required to bring its internal documentation into compliance with applicable legislation
2	Development of a corrective action schedule for eliminating identified violations
3	Bringing fire safety, environmental, sanitary and industrial safety documentation into compliance with applicable legal requirements
4	Development of a schedule and organization of mandatory and recommended maintenance services for equipment, machinery and mechanisms
5	Development of a schedule and organization of mandatory employee training and professional development programs
6	Bringing contractual relationships into compliance with applicable legislation	;
7	Bringing employment relationships into compliance with labor legislation
8	Pre-trial dispute resolution
9	Obtaining all permits required for the lawful conduct of business activities, including licenses
	Monthly Subscription Fee	UAH 45,000.00

Per Month

UAH 45,000

Order Service

Depending on the scale of your business, the price may increase or decrease!
 

Comfort Package:

No.	The Comfort Package includes all services covered by the Easy Start Package, plus:	Comfort Package
1	Bringing title documents for land plots and buildings into compliance with the applicable legal requirements and standards governing the company's operations
2	Due diligence of investment assets and legal support for purchase and sale transactions and property lease agreements
3	Legal support during inspections conducted by executive authorities
4	Challenging unlawful actions or omissions by public authorities
5	Accounting services
	Monthly Subscription Fee	UAH 70,000.00

Per Month
UAH 70,000

Order Service

Depending on the scale of your business, the price may increase or decrease!

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LAW COMPANY EUROVECTOR