We have a draft law No. 4142 on the public health system
#AtTheCommitteeConsideration, which has already caused a lot of
discussions in Ukraine. The draft law proposes to add one more
vaccination to the list of mandatory vaccinations, obliges
entrepreneurs to vaccinate their employees at their own expense, and
gives local executive authorities the right to temporarily use the
property of enterprises and organizations for preventive and
anti-epidemic measures in case of quarantine.
What exactly does draft law No. 4142
offer?
Regarding vaccination of children:
Part 6 of Article 32 of the draft law stipulates that children who have
not received preventive vaccinations, according to the calendar, are
prohibited from attending educational institutions. Such rule has
already been introduced in the current Law “On protection of the
population from infectious diseases”. The difference is that draft law
No. 4142 stipulates that children who have contraindications and who
have been vaccinated not in line with the calendar will be enrolled in
kindergartens and schools only if epidemic situation in Ukraine is ok
and by the decision of the medical council.
Article 41 of the draft law adds a new item to the list of mandatory
vaccinations. Vaccinations against diphtheria, pertussis, measles,
polio, tetanus, tuberculosis, viral hepatitis B, mumps, rubella and
hemophilic infection are supplemented by vaccination against
pneumococcal infection. It is also included in the vaccination calendar.
Vaccination of employees at the
expense of the employer
Draft law No. 4142 stipulates that employees of certain professions,
industries and organizations, whose activities may lead to infection of
these workers and (or) the spread of infectious diseases, are subject
to mandatory preventive vaccinations at the expense of employers.
Evasion of vaccination
Article 13 of the draft law provides for the possibility of suspension
from work, study, visits to educational institutions of persons who are
the vehicles of infectious diseases, those who have been in contact
with such patients, as well as persons who evade mandatory medical
examination or vaccination against infectious diseases.
Mandatory medical examination at the
expense of the employer
Article 44 of the draft law provides for a list of areas where the
employees must undergo mandatory medical examination at the expense of
the employer. These are employees of market operators, water supply
facilities, treatment and prevention facilities, educational and
children's health and recreation facilities, utilities and areas
related to public services. These workers must undergo mandatory
medical examination at the time of recruitment and periodically after
that at the expense of employers. Business entities are
administratively responsible for the organization and timeliness of
such medical examinations. Employees who do not pass the medical
examination on time without valid reason are suspended from work and
may be subject to disciplinary action.
Epidemic investigation at the expense
of the perpetrator
Article 19 of the draft law stipulates that all epidemics and outbreaks
of infectious diseases are subject to epidemic investigation. If a
person is found guilty of violating sanitary legislation, which led to
the spread of an infectious disease, the costs associated with the
investigation, including the cost of laboratory tests, examinations,
tests, toxicological, epidemiological, hygienic and other assessments,
as well as costs associated with the elimination of consequences,
including the implementation of health measures, examination of persons
in contact with infectious patients, preventive vaccinations, other
work and expenses, as well as damage caused to life, health and
property of victims, i.e. legal entities and individuals, are
reimbursed by the guilty legal entity or individual voluntarily or in
court.
Quarantine
Article 20 of the draft law No. 4142 stipulates that in the territories
where quarantine is introduced, local executive bodies and local
self-government authorities have the right: to mobilize for temporary
use vehicles, buildings, structures, equipment, other property of
enterprises, institutions, organizations, regardless of ownership,
necessary for the implementation of preventive and anti-epidemic
measures. The same article stipulates that the state is obliged to
reimburse in full the value or costs associated with the use of this
property.
Two petitions against the draft law No. 4142 were registered on the
website of the President of Ukraine. One of them received more than 22
thousand signatures, the other was signed by more than 5 thousand
people. In early November, a rally was held near the Verkhovna Rada
against the adoption of the draft law No. 4142. Its participants
claimed that the draft law violated human rights.
The Committee on Ukraine's Integration into the EU will announce its
opinion on whether the document complies with the EU law and Ukraine's
international legal obligations under the Association Agreement with
the EU at its forthcoming meeting.