Types of liability for violation of labor protection legislation. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
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Types of liability for violation of labor protection legislation. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

Any violation of safety regulations or non-fulfillment of measures aimed at creating safe working conditions, if this violation or failure to fulfill duties could lead to or caused accidents with people, is punishable by law, depending on the danger of the violation and the resulting consequences.

The following types of liability for violation of labor protection legislation are envisaged:

disciplinary;
administrative;
material;
criminal.

For committing disciplinary action, i.e. non-performance or improper performance by the employee due to his fault of the labor duties assigned to him, the employer has the right to apply disciplinary sanctions. A disciplinary sanction for violation of labor protection legislation is a remark, reprimand and dismissal on appropriate grounds.

Unlike disciplinary, in accordance with the Code of the Russian Federation on Administrative Offenses to administrative responsibility managers, officials and other responsible employees are involved. The decision to impose a penalty in the form of fines of various sizes is made by inspectors or heads of state supervision bodies.

Material liability as a consequence of a violation of labor protection rules occurs in cases where, as a result of a violation of these rules, material damage has been caused to the state or to the victims. The procedure for compensation for material and moral damage is determined by a court decision or officials on the basis of Art. 1064-1101 of the Civil Code of the Russian Federation.

The decision on criminal liability in accordance with the Criminal Code of the Russian Federation (Criminal Code of the Russian Federation) is taken in court. The objects of responsibility are persons who have committed violations of labor protection rules that could lead (or have caused) accidents with serious consequences. The amount of sanctions, which include removal from office, a fine, imprisonment, correctional labor, is determined by the court.

Criminal liability for crimes related to violation of security rules, is provided for by the following articles of the Criminal Code of the Russian Federation:

Article 143 , or other income of the convicted person for a period of two to five months, or by corrective labor for up to two years. The same act, negligently resulting in the death of a person, shall be punishable by imprisonment for up to five years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

Article 219. Violation of fire safety rules.

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

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