The New Occupational Safety and Health Act: Real Changes for the Sake of Life

Dear Readers!

In the run-up to World Day for Safety and Health at Work, the question of where we stand—and where we are heading — arises with particular urgency within the occupational safety and health community.

This year, the answer is directly linked to the anticipated adoption of the draft Law of Ukraine “On Occupational Safety and Health.” The document, which has been in the works for years with the involvement of experts and international partners, has already passed its first reading in the Verkhovna Rada. And, it would seem, it is set to become the foundation of a new safety culture.

However, today the professional community is not merely waiting — it is concerned.

The founders of the Platform for Public Dialogue and Reforms in Occupational Safety (SafePlatform Ukraine) addressed government institutions last November regarding the content of the draft law. Notably, this appeal was the Platform’s first step following the adoption of its declaration. It was officially submitted to the Office of the President, the Verkhovna Rada of Ukraine, relevant committees, and the Cabinet of Ministers. Through this action, the Platform not only articulated its position but also demonstrated its readiness to participate meaningfully in shaping state policy in occupational safety and health on a professional basis. Given the uncertainty as to whether the appeal will be fully considered, Platform participants — recognizing the historical significance of the reform— have taken a further step. Experts and practitioners have prepared an additional analytical report on the substance of the draft law (see the article by I. Verbovska and O. Bohdanova, p. 10).

This is not an emotional response. It is the result of thorough analysis, professional discussion, and comparison with European practices. The central concern raised is the risk of failing to achieve the intended goals of this long-awaited reform.

Another important fact is telling. The International Labour Organization has initiated the selection of a consultant to conduct a legal analysis of the Ukrainian draft law and assess its compliance with the EU Framework Directive on Occupational Safety and Health (89/391/EEC) and international labor standards. This initiative signals that questions regarding the quality and substance of the future law extend beyond national debate and are becoming the subject of international professional scrutiny. Incidentally, it was precisely with such a proposal that Platform participants approached the ILO last year:

“Today we risk obtaining not a new safety system, but a revised version of outdated approaches — with modern terminology, but without real change.”

This is not about mistrust. It is about responsibility. And about the importance of making the reform truly European — not only in form, but in substance.

The draft law declares a transition to a modern model — risk management, prevention, and employer responsibility. However, according to experts, it simultaneously retains elements of the old system: excessive regulation, burdensome permitting procedures, and administrative pressure. Such a symbiosis does not create a new quality, it creates contradictions. This implies either that lawmakers are ignoring or are unaware of the importance of effective communication with stakeholders in labor relations, upon whom the entire burden of responsibility for the mistakes made by those in power will fall.

There is also a more subtle but profound risk. If the system encourages fear rather than openness, concealment rather than analysis, and formality rather than development, no regulation, however well-intentioned, will be effective. Without trust, a culture of safety cannot exist.

At the same time, we must be realistic. The law may be adopted in the very near future. And the experts’ appeal is not merely an attempt to influence its content. It is much more: it is a bid to participate in the next stage—the development of the regulatory framework, practical mechanisms, and tools that will either breathe life into the law or leave it as a mere declaration.

This is precisely where the space for a responsible partnership emerges.

The Platform, the expert community, and professional associations clearly state: we are ready not only to critique, but also to contribute—to offer solutions and share responsibility.

Despite all challenges, Ukraine continues its path toward the European Union. In occupational safety, this path signifies more than changes in terminology or regulatory approaches. It represents a shift in mindset—from reaction to prevention, from control to responsibility, and from formality to the recognition of human life as the highest value.

Therefore, the key question today is not simply whether the law will be adopted, but whether it will initiate real and meaningful change.

We are convinced that the answer depends on the openness of the state to genuine dialogue and on the active engagement of the professional community.

This dialogue is already underway. And we are part of it.