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OCCUPATIONAL SAFETY AND HEALTH
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Bodies of state supervision and control. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

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The state controls the fulfillment by the employer of the state regulatory requirements of labor protection with the help of federal executive bodies (supervisions, inspections, services) specially designed for this in the field of state supervision. The activities of state supervision bodies are carried out on the basis of the principles of legality, objectivity, independence and publicity, respect, observance and protection of the rights and freedoms of man and citizen.

The highest state supervision over the precise and uniform implementation of all legislation and other normative legal acts containing labor law norms, which includes labor protection, is carried out by the Prosecutor General of the Russian Federation and subordinate prosecutors subordinate to him.

State supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms by all employers on the territory of the Russian Federation is carried out by the federal labor inspectorate. (Art. 354-536TK)

The term "federal labor inspectorate" is understood as a single centralized system consisting of a federal executive body authorized to conduct state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, and its territorial bodies (state labor inspectorates. Decree of the Government of the Russian Federation of June 6, 2004 No. 156 "Issues of the Federal Service for Labor and Employment" established that state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms is carried out by a member of the Federal Labor Service and employment by the federal labor inspectorate (until appropriate changes are made to the Labor Code of the Russian Federation).

In accordance with the Regulations on the Federal Service for Labor and Employment (Rostrud), at the federal level, the above work is carried out by the Department for Supervision and Control over Compliance with Labor Legislation, and in the regions - by the territorial bodies of Rostrud. For this purpose, the structure of the federal labor inspectorate has its own territorial bodies - state labor inspectorates in the constituent entities of the Russian Federation.

In addition to general state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, carried out by the federal labor inspectorate for all employers in the Russian Federation, there is a need for specialized state supervision and control over compliance with the rules for the safe conduct of work in certain industries and at some production facilities.

These functions are carried out by specially authorized federal executive bodies, which after the administrative reform of 2004 are called services (in abbreviations - supervision), which have their own territorial bodies - inspections, administrations.

The most important of them are: the Federal Service for Environmental, Technological and Nuclear Supervision (Rostekhnadzor), the Federal Service for Supervision of Consumer Rights Protection and Human Welfare (Rospotrebnadzor), the state fire supervision authorities, which is part of the State Fire Service of the EMERCOM of Russia, state inspections in the transport complex (traffic police, Rostransnadzor).

Decisions of officials of state supervision and control bodies, adopted within the powers granted to them, are binding on enterprises of all forms of ownership, regardless of the scope of economic activity and departmental affiliation.

An important role in determining the powers of the inspector, the timing of the inspection, and the like is played by the Federal Law of August 8, 2001 No. 134-FZ "On the protection of the rights of legal entities and individual entrepreneurs during state control (supervision)" and the requirements of the Code of the Russian Federation on Administrative Offenses .

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

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