HARMONIZATION OF UKRAINIAN LEGISLATION ON OCCUPATIONAL SAFETY AND HEALTH WITH THE ACQUIS COMMUNAUTAIRE OF THE EUROPEAN UNION: CHALLENGES AND PROSPECTS

Abstract

The article provides a comprehensive scientific analysis of the harmonization process of Ukrainian legislation in the field of occupational safety and health (OSH) with the acquis communautaire of the European Union. The relevance of the study is driven by Ukraine's necessity to fulfill its obligations under the Association Agreement and its status as a candidate for EU membership, which requires a systemic transformation of the outdated post-Soviet labor protection model.

Based on a thorough analysis of foreign and domestic scientific discourse, international statistics (ILO, WHO), and the provisions of the EU Strategic Framework on Health and Safety at Work 2021-2027, the author identifies key conceptual and regulatory gaps between national legislation and the requirements of Framework Directive 89/391/EEC. Particular attention is paid to the transition from a punitive-prescriptive approach to a goal-oriented one, based on risk-oriented management.

The paper details the essence of European standards, specifically the "Vision Zero" principle, and substantiates the economic feasibility of preventive measures as investments in human capital. The author explores specific challenges for the OSH sector caused by the full-scale armed aggression against Ukraine: infrastructure destruction, the phenomenon of "hidden traumatism," labor shortages, and changes in the structure of occupational risks during wartime. The provisions of Draft Law No. 10147 "On Safety and Health of Workers at Work" are analyzed through the lens of the non-regression principle (preventing the reduction of existing protection levels).

According to the results of the study, strategic directions for reforming the sector are formulated, including: the ratification of ILO Convention No. 187; the creation of a National Center for Occupational Safety and Health (an analogue of EU-OSHA); the implementation of Online Interactive Risk Assessment (OiRA) tools; and the strengthening of the inspection capacity of the State Labor Service. It is proven that successful harmonization serves as a foundation for Ukraine's safe post-war recovery and its integration into the EU internal market.

Keywords: acquis communautaire, labor protection, Framework Directive 89/391/EEC, Association Agreement, harmonization of legislation, labor law, employee, protection of workers' rights, occupational safety and health (OSH), occupational traumatism, risk assessment, "Vision Zero" concept, legal regulation, social dialogue, European standards, martial law, post-war recovery.