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Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

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World and Russian practice shows that a significant increase in the level of organization and efficiency of work on labor protection can be achieved by creating a system of labor protection management (OSMS) of the organization.

Occupational Safety and Health Management System (OSMS) - this is a whole system of procedures and documents regulating the organization of labor protection management in an organization, incl. job responsibilities for labor protection of all managers and specialists.

It is important to emphasize that an OSMS can be created in enterprises of any size. Its implementation everywhere brings significant benefits to labor protection.

The main requirements for the creation of labor protection management systems (OSMS) follow from the requirements of the Labor Code of the Russian Federation, other federal laws and by-laws in the field of labor protection, even if they “literally” do not mention OSHMS, and the general course of the state, the President and the Government to increase the independence and responsibility of economic entities of law for the decisions they make.

Our country fell a historical lot to start the implementation of labor protection management systems in the form of unified labor protection management systems (ESUOT) back in the mid-70s of the twentieth century. Unfortunately, the experience accumulated in those years in the creation of the ESUOT did not receive its continuation and development in the conditions of the 90s. Moreover, in many Russian organizations this experience was lost with the liquidation of labor protection services or the retirement of relevant specialists, and at newly created enterprises there was nowhere to acquire it.

Only now, when, within the framework of the current legislation and foreign experience, a legal field has appeared for the creation and functioning of an OSMS, the time has come to implement these systems, but now relying on foreign experience.

Today, at the international level in the field of labor protection, we have an excellent international document - the International Labor Organization Manual on OSH Management Systems - ILO-OSH 2001 (ILO-OSH 2001 "Guidelines on Occupational Safety and Health Management Systems"), officially translated, scientifically edited and published in Russian in February 2003.

At the Russian level, budgetary institutions can be guided by the Russian standard of the SSBT system (system of labor safety standards) introduced from January 1, 2003 (change No. 1 - from January 1, 2004) - GOST R 12.0.006-2002. SSBT. "General requirements for the system of labor protection management in the organization".

Note that this GOST, having absorbed the traditional Russian requirements of the current legislation, is harmonized with the International Labor Organization Manual on Occupational Safety and Health Management Systems - ILO-OSH 2001 and, to a greater extent, with the document of the international voluntary certification program OHSAS 18001: 1999 "Occupational Health and Safety Assessment Series. Specification". (A series of assessment of labor protection. General requirements.)

It should be noted that the new edition of the Labor Code of the Russian Federation, instead of the old, not very clear and formally far from OSMS "certification of labor protection work in an organization", speaks of "certification of the organization of labor protection work." The systemic form of such organization of work on labor protection should be SOROTS - System of organization of work on labor protection. What will be the officially approved requirements for COPOT (under the certification clause), we have yet to find out.

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

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