Public control over labor protection. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
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Public control over labor protection. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

Public control over working conditions and labor protection is an important part of social partnership and is carried out by trade unions.

The Labor Code of the Russian Federation in Article 370 established that in order to exercise control over compliance with labor legislation and other regulatory legal acts containing labor law norms, the fulfillment of the terms of collective agreements, agreements, all-Russian trade unions and their associations can create legal and technical labor inspectorates of trade unions, which are endowed with the powers provided for by the regulations approved by the all-Russian trade unions and their associations.

Public control is called upon to play a significant role in the management of labor protection, acting simultaneously from two sides. On the one hand, this is the "internal" control of the workers themselves, on the other hand, it is the "external" control for the employer or the governing body of the "aggregate employee" represented by their associations.

Trade union labor inspectors exercise "external" public control, for which they have the right to freely visit organizations in which members of a given trade union or trade union association work for inspection.

Authorized (trusted) persons for labor protection exercise "internal" public control in the organization from whose employees they are selected.

Trade union labor inspectors, authorized (trusted) persons for labor protection of trade unions have the right:

exercise control over compliance by employers with labor legislation and other regulatory legal acts containing labor law norms;
conduct an independent examination of working conditions and ensuring the safety of employees;
take part in the investigation of accidents at work and occupational diseases;
receive information from managers and other officials of organizations, employers - individual entrepreneurs on the state of conditions and labor protection, as well as on all accidents at work and occupational diseases;
protect the rights and legitimate interests of members of the trade union on the issues of compensation for harm caused to their health at work (work);
present employers with demands to suspend work in cases of a direct threat to the life and health of employees;
send employers submissions on the elimination of identified violations of labor legislation and other regulatory legal acts containing labor law norms that are mandatory for consideration;
to check the state of conditions and labor protection, the fulfillment of the obligations of employers, provided for by collective agreements and agreements;
take part in the work of commissions for testing and commissioning of means of production as independent experts;
take part in the consideration of labor disputes related to violation of labor legislation and other regulatory legal acts containing labor law norms, obligations stipulated by collective agreements and agreements, as well as changes in working conditions;
take part in the development of draft federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments containing labor law norms;
take part in the development of drafts of by-laws and regulations that establish state regulatory requirements for labor protection, as well as coordinate them in the manner established by the Government of the Russian Federation;
apply to the relevant authorities with a demand to bring to justice those guilty of violating labor legislation and other acts containing labor law norms, concealing the facts of accidents at work.

Trade unions, their labor inspectorates, in the exercise of these powers, interact with 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, and its territorial bodies, other federal executive bodies, exercising the functions of control and supervision in the established field of activity.

Authorized (trusted) persons for labor protection of trade unions have the right to freely check compliance with labor protection requirements and make proposals, mandatory for consideration by officials of organizations, employers - individual entrepreneurs, to eliminate identified violations of labor protection requirements.

Employers are obliged, within a week from the date of receipt of the requirement to eliminate the identified violations, to inform the relevant trade union body about the results of consideration of this requirement and the measures taken.

Another form of public control is the adoption of decisions by the employer, taking into account the opinion of the trade union body.

Knowing full well that any matter can be "rolled up", the legislator, by a special article 372 of the Labor Code of the Russian Federation, established and painted the "Procedure for taking into account the opinion of the elected body of the primary trade union organization when adopting local regulations."

The employer, in cases provided for by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, before making a decision, sends a draft local regulatory act and justification for it to the elected body of the primary trade union organization, representing the interests of all or most employees .

In the absence of agreement, the disagreements that have arisen are documented in a protocol, after which the employer has the right to adopt a local normative act, which can be appealed by the elected body of the primary trade union organization to the appropriate state labor inspectorate or to the court.

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

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