Starting December 4, businesses without shelters will not be able to operate during a "yellow" air-raid alert. On that day, the transition period will end, during which businesses without shelters may continue operating with the approval of the workforce. After that date, to operate in the normal mode, businesses must provide employees and visitors with adequate protection.
What this will mean for employers and workers in practice was examined by UNN.
What rules currently apply during an air-raid alert
Cabinet of Ministers Resolution No. 1092 of September 4, 2026, introduced differentiated notification of air threats. The "yellow" level means a drone threat, while the "red" level means a missile, missile-and-drone, or massive drone threat.
During the "yellow" level, businesses may continue operating if the facility has a protective structure, temporary or permanent shelter, a dual-purpose structure, or an equipped safe space. These requirements apply to business entities regardless of their form of ownership. For businesses without shelters, the government provided three months for preparation, so until December 4 they may operate during a drone threat with the approval of the workforce. A manager’s order alone is insufficient for this. However, after the transition period ends, employees’ consent will no longer replace the necessary protective measures.
What will be considered a safe space for work after December 4
It will not always be necessary to build a separate permanent shelter to enable people to work safely and ensure that the employer does not violate the law. Resolution No. 1128 allows, in specified cases, a safe space to be arranged directly inside a building. At the same time, an ordinary corridor or windowless room will not automatically become a shelter. The matter concerns the most protected areas capable of shielding people from the secondary effects of weapons and from a specified level of blast-wave overpressure. Compliance of the premises with these requirements must be substantiated by specific calculations.
In addition, the employer must determine the procedure for staff actions during an alert and ensure the timely notification of employees and visitors. At the entrance, on the exterior wall, or on the fence of the facility, a sign measuring 100 by 60 centimeters must be placed, stating whether a shelter or safe space is available or absent.
Can an employee refuse dangerous work during an air-raid alert
Even if the workforce has approved working during a "yellow" air-raid alert, this does not deprive an individual employee of the right to refuse an assignment that threatens their life or health. This right is established by Article 6 of the Law of Ukraine "On Labor Protection." However, for the refusal to have legal effect, the worker must immediately inform their supervisor about the danger.
What will change for businesses after December 4
If a business does not arrange adequate protection, it will not be able to justify continuing normal operations during a "yellow" danger level solely by referring to the workforce’s consent. In the absence of a shelter or safe space, operations will have to be suspended for the duration of such a threat, except in cases for which the government has established a separate procedure.
If employees are injured during an attack, the circumstances of the incident and the employer’s fulfillment of occupational safety obligations will be investigated. Of course, the mere fact that the Russian Armed Forces struck the business will not be attributed as the fault of its management. However, collective approval will not relieve management of liability for violating safety rules during work.
To recap
In mid-September, Ukraine established rules for railway operations during an air threat. At the yellow level, trains may operate and passengers may board. At the red level, boarding is suspended and people are moved to shelters.