The Association applied to the State Labour Service of Ukraine regarding amendments to the List of high-risk works

By Resolution of the Cabinet of Ministers of Ukraine dated 24 March 2022 No. 357 “Certain issues of performing high-risk works and operating (using) high-risk machines, mechanisms, and equipment during the period of martial law,” the Government authorised the performance of certain types of high-risk works specified in Group A of Annex 2 to the Procedure for issuing permits for the performance of high-risk works and for the operation (use) of high-risk machines, mechanisms, and equipment, approved by the Resolution of the Cabinet of Ministers of Ukraine dated 26 October 2011 No. 1107, on the basis of a declaration of conformity of the material and technical base with the requirements of occupational safety legislation.

Such works include, in particular, “underground mining operations at mines, underground works at mines and ore mines, and open-pit mining operations” (paragraph 4).

At the same time, “mineral processing, formation and operation of waste dumps of mining rocks, lining and reinforcement of slopes, pit walls and benches, underground geological exploration, geological and mine surveying works” (paragraph 28) are not classified as high-risk works that may be performed on the basis of such a declaration.

The Association therefore addressed the State Labour Service of Ukraine with a request to prepare and duly submit proposals for amending subparagraph 2 of paragraph 1 of Resolution of the Cabinet of Ministers of Ukraine dated 24 March 2022 No. 357 by supplementing it with paragraph 28 in Group A of Annex 2 to the Procedure for issuing permits for the performance of high-risk works and for the operation (use) of high-risk machines, mechanisms, and equipment, approved by the Resolution of the Cabinet of Ministers of Ukraine dated 26 October 2011 No. 1107, and to set it out as follows:

“2) for the period of martial law, the types of high-risk works specified in paragraphs 4, 7–9, 11–21, 23–27, 28–30 of Group A of Annex 2 to the Procedure for issuing permits for the performance of high-risk works and for the operation (use) of high-risk machines, mechanisms, and equipment…” (hereinafter referred to in the text).

Grounds for the appeal

1. Extraction of raw materials (minerals) for the production of crushed stone products is carried out at enterprises exclusively by open-pit mining.
2. Works related to extraction and processing of minerals, formation and operation of mining waste dumps, lining and reinforcement of slopes, pit walls and benches, underground geological exploration, and geological and mine surveying works constitute an integral part of the single complex of underground mining operations at mines, underground works at mines and ore mines, and open-pit mining operations, all of which are technologically interconnected.
3. Geological and mine surveying works are a set of activities combining geological and surveying studies required to ensure safe and efficient mining operations. Geological works focus on studying the geological structure of the deposit, including exploration, forecasting and assessment of mineral reserves, and examination of rock properties. Mine surveying works ensure the spatial and geometric orientation of mine workings and surface facilities, monitoring their spatial position, as well as accounting for the movement of mineral reserves and the condition of mine workings. Therefore, the performance of any mining operations without geological and mine surveying support is impossible.
4. By Order of the Ministry for Development of Economy, Trade and Agriculture of Ukraine dated 31 March 2021 No. 669, the Rules for the performance of mine surveying works during the development of deposits of ore and non-ore minerals were approved (hereinafter referred to as the Rules). According to paragraph two of subparagraph one of Section II of these Rules, “a mining enterprise is obliged to carry out mine surveying works on the basis of a declaration of conformity of the material and technical base with the requirements of occupational safety legislation.”

Thus, if “underground mining operations at mines, underground works at mines and ore mines, and open-pit mining operations” are permitted to be performed on the basis of a declaration, then “mineral processing, formation and operation of mining waste dumps, lining and reinforcement of slopes, pit walls and benches, underground geological exploration, geological and mine surveying works” should also be permitted on the same basis.

It is noteworthy that, for example, “underground mining operations at mines” are permitted on the basis of a declaration, whereas “underground geological exploration” is not.

Additional request

At the same time, the Association asked to resolve the issue of bringing the List of high-risk works, approved by Order of the State Committee of Ukraine for Industrial Safety Supervision dated 26 January 2005 No. 15 “On approval of the Model Regulation on the procedure for training and testing of knowledge on occupational safety issues and the List of high-risk works,” which is still in force, into compliance with the List of high-risk works set out in Annex 2 to the Procedure for issuing permits for the performance of high-risk works and for the operation (use) of high-risk machines, mechanisms, and equipment, approved by Resolution of the Cabinet of Ministers of Ukraine dated 26 October 2011 No. 1107, since a resolution of the Government has higher legal force.

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