The structure of the legislation of the Russian Federation on labor protection. Occupational Safety and Health

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Occupational Safety and Health / Legislative basis for labor protection

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Legislation of the Russian Federation in the field of protection work is very extensive - it includes:

The Constitution of the Russian Federation;
Federal Law "On the Fundamentals of Labor Protection in the Russian Federation";
Labor Code of the Russian Federation (Labor Code of the Russian Federation); Civil Code of the Russian Federation (CC RF);
other federal laws and other regulatory legal acts of the Russian Federation and subjects of the Russian Federation.

The main directions of state policy in the field of labor protection according to the law are:

ensuring the priority of preserving the life and health of employees;
adoption and implementation of federal laws and other regulatory legal acts on labor protection of the Russian Federation, constituent entities of the Russian Federation, as well as federal target, sectoral target and territorial target programs for improving working conditions and labor protection; state management of labor protection;
state supervision and control over compliance with labor protection requirements;
promotion of public control over observance of the rights and legitimate interests of employees in the field of labor protection;
investigation and recording of accidents at work and occupational diseases;
protection of the rights and legitimate interests of employees affected by industrial accidents and occupational diseases, as well as their family members on the basis of compulsory social insurance of employees against industrial accidents and occupational diseases;
the establishment of compensation for hard work and work with harmful and (or) dangerous working conditions that cannot be eliminated with the current technical level of production and labor organization;
coordination of activities in the field of labor protection, environmental protection and other types of economic and social activities; dissemination of advanced domestic and foreign experience in improving working conditions and labor protection;
participation of the state in the financing of labor protection measures; training and advanced training of labor protection specialists; organization of state statistical reporting on working conditions, as well as on industrial injuries, occupational morbidity and their material consequences;
ensuring the functioning of a unified information system for labor protection;
international cooperation in the field of labor protection;
pursuing an effective tax policy that stimulates the creation of safe working conditions, the development and implementation of safe equipment and technologies, the production of personal and collective protective equipment for workers;
establishment of a procedure for providing employees with personal and collective protective equipment, as well as sanitary facilities and devices, medical and preventive means at the expense of employers.

The state policy of labor protection is most fully implemented only on the condition that employees know the relevant regulatory documents and strongly contribute to their implementation in their areas of production or educational activities.

The structure of the legislation of the Russian Federation on labor protection
Fig.1. The structure of normative documentation on labor protection

The objectives of labor (as well as civil, administrative, criminal and other - in terms of norms related to labor protection) legislation are the establishment of state guarantees of labor rights and freedoms of citizens, the creation of favorable working conditions, the protection of the rights and interests of workers and employers, ensuring their social and industrial safety.

The main tasks of labor legislation are to create the necessary legal conditions for achieving optimal coordination of the interests of the parties to labor relations, the interests of the state, as well as the legal regulation of labor relations and other directly related relations according to following directions:

organization of labor and labor management;
employment with this employer;
vocational training, retraining and advanced training of employees directly from the employer;
social partnership, collective bargaining, conclusion of collective agreements and agreements;
participation of employees and trade unions in the establishment of working conditions and the application of labor legislation in cases provided for by law;
financial responsibility of employers and employees in the sphere of labor;
supervision and control (including trade union) over compliance with labor legislation (including labor protection legislation);
resolution of labor disputes.

Labor legislation defines the basic rights and obligations of employers and employees in the field of labor protection.

In accordance with the Constitution of the Russian Federation (Article 37), the Federal Law "On the Fundamentals of Labor Protection in the Russian Federation" (Article 8), each employee has the right to safe and harmless working conditions or to refuse to perform work in the event of a danger to his life and health.

When hiring or changing its nature, within the framework of their rights, the employee must be informed of the existing risk of damage to health, instructed and trained in safe methods and methods of work, insured against accidents and occupational diseases.

The employee has the right to a preliminary medical examination, as well as to an extraordinary examination in accordance with medical recommendations. At the same time, the place of work and the average earnings of the employee are preserved.

In case of damage to health as a result of an accident, the employee has the right, personally or through his representative, to participate in its investigation, as well as to compensation for harm caused to him by injury or occupational disease.

In case of liquidation of the workplace due to violation of labor protection requirements, the employee has the right to professional retraining at the expense of the employer.

The state, represented by legislative, executive and judicial authorities, guarantees workers participating in the labor process the right to labor protection.

The terms of the employment contract must comply with the requirements of legislative and other regulatory acts on labor protection. The employment contract specifies reliable characteristics of working conditions, compensations and benefits to employees for hard work and work with harmful or dangerous working conditions.

For the period of suspension of work at the enterprise, in the workshop, at the site, at the workplace due to violation of labor protection legislation, regulatory requirements for labor protection, through no fault of the employee, the place of work, position and average earnings are retained.

In accordance with Art. 15 of the Federal Law "On the fundamentals of labor protection in the Russian Federation", as well as Art. 214 of the Labor Code of the Russian Federation the employee is obliged:

comply with the rules, regulations, instructions for labor protection;
correctly apply collective and individual means of protection;
undergo training, briefing on safe labor practices, preliminary and periodic medical examinations;
immediately inform your immediate supervisor about any accident that occurred at work, about signs of an occupational disease, as well as about a situation that poses a threat to life and health of people.

In addition, employees are required to work honestly and conscientiously, follow the instructions of the administration, comply with the requirements of labor protection and the internal labor regulations of the organization.

For violation of legislative and other regulations on labor protection, employees of organizations may be subject to disciplinary, and, in appropriate cases, material and criminal liability in the manner prescribed by the legislation of the Russian Federation.

The employer is obliged to know the legislation on labor and labor protection, since he is legally and morally responsible for the life, health and well-being of employees from the moment they are enrolled in the organization's staff. Ignorance of normative legal acts does not exempt from liability for their violation.

Of course, it is practically impossible to thoroughly study all laws, government decrees and departmental regulations. It is important to understand their general focus on protecting and ensuring the safety of workers, to study the practice of labor protection, to consult with experienced colleagues, lawyers, and specialists in the field of labor protection and labor protection.

Federal Law "On the Fundamentals of Labor Protection in the Russian Federation", Art. 14, as well as Art. 212 of the Labor Code of the Russian Federation regulates the obligations of the employer.

Firstly employer is obliged to comply with the legislation on labor and labor protection, i.e. ensure:

the mode of work and rest, corresponding to the current standards;
training and instructing employees in safe working methods and techniques;
preliminary (upon admission to work) and periodic (extraordinary) medical examinations of employees;
issuance of special clothing, personal protective equipment, including detergents and disinfectants;
informing employees about working conditions, indicating them in the employment contract, as well as due benefits and compensation for harmful working conditions, if they take place at the workplace, etc.

Jobs must be created in accordance (or brought into compliance) with the requirements of the current rules, sanitary standards and other regulatory documents.

In the course of labor activity, the employer must ensure the certification of workplaces with subsequent certification of work on labor protection in the organization, as well as compulsory social insurance of employees against accidents and occupational diseases.

Authors: Volkhin S.N., Petrova S.P., Petrov V.P.

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