Legal bases of labor protection. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
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Legal bases of labor protection. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

The current legislation of the Russian Federation on labor protection is based on the Constitution of the Russian Federation.

The fundamental documents include the Labor Code of the Russian Federation, the Civil Code of the Russian Federation, the Federal Laws "On Industrial Safety of Hazardous Production Facilities", "On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases", "Fundamentals of the Legislation of the Russian Federation on the Protection of Citizens' Health", laws on labor protection of the constituent entities of the Russian Federation, as well as decrees of the President and resolutions of the Government on labor protection issues.

The most important principle of the state policy in the field of labor protection is to ensure the priority of preserving the life and health of workers. The rights of an employee to labor protection provide for the refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements.

The legislation of the Russian Federation on labor protection provides for the protection of the legitimate interests of workers who have suffered from accidents at work and occupational diseases, as well as members of their families on the basis of compulsory social insurance of workers against accidents at work and occupational diseases. It provides for the establishment of compensation for hard work and work with harmful or dangerous working conditions that cannot be eliminated with the modern technical level of production and labor organization.

In accordance with Art. 219 of the Labor Code of the Russian Federation, each employee has the right to:

a workplace that meets the requirements of labor protection;
compulsory social insurance against industrial accidents and occupational diseases in accordance with federal law;
obtaining reliable information from the employer, relevant state bodies and public organizations about the conditions and labor protection at the workplace, about the existing risk of damage to health, as well as about measures to protect against exposure to harmful or hazardous production factors;
refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for by federal laws, until such danger is eliminated;
provision of means of individual and collective protection of employees in accordance with the requirements of labor protection at the expense of the employer;
ensuring safe working methods and techniques at the expense of the employer;
professional retraining at the expense of the employer in case of liquidation of the workplace due to violation of labor protection requirements;
a request for an inspection of labor conditions and labor protection at his workplace by the federal executive body authorized to conduct state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising the functions of control and supervision in the established field of activity, executive authorities that carry out state examination of working conditions, as well as trade union control over compliance with labor legislation and other acts containing labor law norms;
appeal to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local governments, to the employer, to associations of employers, as well as to trade unions, their associations and other representative bodies authorized by employees on labor protection issues;
personal participation or participation through their representatives in the consideration of issues related to ensuring safe working conditions at his workplace, and in the investigation of an accident at work or his occupational disease that happened to him;
an extraordinary medical examination (examination) in accordance with medical recommendations while retaining his place of work (position) and average earnings for the time of passing the specified medical examination (examination);
compensations established in accordance with the Labor Code of the Russian Federation, a collective agreement, an agreement, a local normative act, an employment contract, if he is engaged in hard work, work with harmful and (or) dangerous working conditions.

Authors: Fainburg G.Z., Ovsyankin A.D., Potemkin V.I.

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