State administration of labor protection. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
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State administration of labor protection. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

Public administration is expressed in the practical activities of government bodies to implement state policy. Due to the systemic nature of the social structure and functioning, public administration also has a systemic character.

The territorial and national specifics of the Russian Federation, as well as the nature of the basic relations of property and rights to manage it, have led to the existence in the Russian Federation of several main levels of government: national (federal), subject of the federation (regional), local (municipal), private (corporate).

Public administration uses various forms and methods of influence (organization) on the production, social and spiritual life of people living in the territory of a given state. The main forms of influence are administrative-command and economic (market) levers. Despite the fundamental differences, both of these forms operate (at least, should act) in the right field of the current legislation.

The main structure of the state labor protection management system is fixed in Article 216 "State management of labor protection" of the Labor Code of the Russian Federation, which provides that state management of labor protection is carried out by the Government of the Russian Federation directly or on its instructions by the federal executive body exercising the functions of developing state policy and legal regulation in the field of labor, as well as other federal executive authorities within the limits of their powers.

Federal executive authorities, which are granted the right to carry out certain functions of legal regulation, special permitting, supervisory and control functions in the field of labor protection, are required to coordinate the decisions they make in the field of labor protection, as well as coordinate their activities with the federal executive authority, carrying out functions on legal regulation in the sphere of labor.

The federal executive body that carries out the functions of developing state policy and legal regulation in the field of labor is the Ministry of Health and Social Development of the Russian Federation (Ministry of Health and Social Development of Russia).

Within its structure, a special Department of Labor Relations deals with the organization and management of labor protection in the Russian Federation. It includes the Occupational Safety and Health Policy Department.

Thus, operational day-to-day continuous state management of labor protection at the federal level is implemented through the activities of the Division of Labor Safety Policy of the Department of Labor Relations of the Ministry of Health and Social Development of Russia.

The jurisdiction of federal government bodies in the field of labor protection includes the adoption of mandatory federal regulations for application throughout the Russian Federation. laws and other normative legal acts establishing:

main directions of state policy in the field of labor relations and other relations directly related to them;
the basics of legal regulation of labor relations and other relations directly related to them (including the definition of rules, procedures, criteria and standards aimed at preserving the life and health of workers in the process of work);
the state-provided level of labor rights, freedoms and guarantees for employees (including additional guarantees for certain categories of workers);
the procedure for concluding, amending and terminating employment contracts;
the basics of social partnership, the procedure for conducting collective negotiations, concluding and amending collective agreements and agreements;
procedure for resolving individual and collective labor disputes;
principles and procedure for state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, as well as the system and powers of federal government bodies exercising said supervision and control;
procedure for investigating industrial accidents and occupational diseases;
the system and procedure for certification of workplaces according to working conditions, state examination of working conditions, confirmation of compliance of the organization of work on labor protection with state regulatory requirements for labor protection;
the procedure and conditions for the material liability of the parties to the employment contract, including the procedure for compensation for harm to the life and health of an employee caused to him in connection with the performance of his job duties;
types of disciplinary sanctions and the procedure for their application;
system of state statistical reporting on labor and labor protection issues;
features of legal regulation of labor of certain categories of workers.

The most important tasks and functional responsibilities of the federal level of labor protection management, in essence, are: 1) the creation of a legal framework for the activities of all government bodies and economic entities of law in the field of labor protection and 2) long-term (economic) and operational (administrative) management of all these activities . From this point of view, the federal level of government differs from all others not only in its place in the management pyramid, but also in the TYPE OF MANAGEMENT. In our opinion, this type is characterized by universality, real authority and (relative) independence of management decisions.

Although the issue of specific powers and functions of the regional level of occupational safety management is very important for practice, the legislator did not decipher it in detail, rightly believing that this is a matter for the constituent entities of the Russian Federation themselves. For this they have the appropriate powers and appropriate funds (regional budget).

The most important tasks and functional responsibilities of the regional level of occupational safety management are:

1) organization of law enforcement practice and adaptation of the legal framework for state management of labor protection in relation to the specifics of the region;

2) coordination of the activities of territorial divisions of federal executive authorities, including state supervision and control bodies, and regional administrative structures in the field of managing labor protection and safety of production activities of social partners;

3) organization of scientific-implementation and educational-information infrastructure of corporate management of labor protection (creation and regulation of the market for labor protection services);

4) operational (administrative) management of all these activities in the region.

State authorities of the constituent entities of the Russian Federation adopt laws and other regulatory legal acts containing labor law norms on issues that are not within the jurisdiction of federal state authorities or are not regulated by federal laws and other regulatory legal acts of the Russian Federation.

Certain powers for state management of occupational safety and health may be transferred to local government bodies in the manner and under the conditions determined by federal laws and the laws of the constituent entities of the Russian Federation.

The insufficiently broad legal framework and the weakness of the economic capabilities of local governments lead, unfortunately, to their frequent actual self-elimination from the real process of labor safety management. And only where the size of the territory and economic potential are significant, local governments can and, for the most part, make occupational safety management at the municipal level real and realistic. In our opinion, the future development of the municipal level of occupational safety management is associated with the possibilities of regulating corporate management of occupational safety during registration and licensing of the activities of legal entities.

The object of control of all of the above authorities is the employer’s activities to ensure state requirements for labor protection of its employees, and not working conditions, as is sometimes mistakenly thought. Confirmation of the compliance of the employer's work on labor protection with the established state regulatory requirements for labor protection is the certification of the organization of these works.

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

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