The EBA has repeatedly stressed that pre-scheduled and after-scheduled medical examinations for shift-work drivers (including for companies which use vehicles exclusively for internal needs) should be carried out by company medical personnel. These measures are aimed at ensuring the proper handling of employee and public safety while not preventing normal day-to-day company operations and reflecting modern legal practices.
Experts of EBA member companies believe that the signature of a company medical employee and an order of familiarisation with health requirements is sufficient proof that the employee is aware of his responsibilities (violation of the current legislation can lead to disciplinary, administrative and criminal liability). The Association welcomes changes in this area proposed in Draft Law #3713 dd. 24.12.2015, and looks forward to rapid adoption of the Draft by the Parliament and implementation of its provisions in practice.
The Draft Law “On bringing the legislation of Ukraine in the road transport sector in line with European Union regulations” was reviewed and approved by the Cabinet Ministers of Ukraine on December 9, 2015 and registered in the Verkhovna Rada of Ukraine on December 24, 2015 by number 3713 (Draft Law).
The Draft Law, among other things, provides exclusion of provisions:
- pre-scheduled and after-scheduled medical examinations of shift-work drivers removed from the Law of Ukraine “On road traffic” #3353-XII dd. 30.06.1993 (proposed by the Draft Law wording of the Article 45);
penalties for the failure to pass a shift-work medical examination removed from the Code of Ukraine on Administrative Offences (proposed by the Draft Law wording of the Article 128 and 133).