The concept of labor protection. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
Free library / Occupational Safety and Health

The concept of labor protection. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

Labor protection socially significant activity to ensure labor safety and preserve the health of employees during their professional activities is called.

The main goal labor protection - the preservation of the life and health of workers in the course of their work, is formulated and enshrined in law in the Labor Code of the Russian Federation.

Basic Principle of Achievement this goal is the systemic and universal nature of various types of measures, the main groups of which are identified by the Labor Code of the Russian Federation as legal, socio-economic, organizational, technical, sanitary and hygienic, medical and preventive, rehabilitation and other measures.

social entity Occupational safety is to maintain the health and working capacity of the economically active population at the highest possible level, as well as the social protection of those injured at work and their families.

economic entity of labor protection is to minimize the losses of society in the course of its production activities by preventing cases of industrial injuries and occupational morbidity

The possibility of getting a disease and / or injury in the process of work, including a fatal one, has its own negative social consequences in addition to the medical and biological consequences (injury, disability, death). These are the dangers of labor as a social relation.

These include partial or complete loss of working capacity, professional working capacity, general working capacity. It should be emphasized that even a small loss of the ability to work effectively can become an insurmountable obstacle to keeping and/or getting a job, especially when there is a surplus of labor in the labor market.

The loss of the opportunity to get a job, to earn a living by hired labor is a terrible social danger not only for the worker himself and his dependent family members, but also for society as a whole.

Who will feed the incapable of subsisting on their own labor?

In a nationwide state of the Soviet type, the answer was elementary - the state, i.e. everything and no one at the same time.

In a market economy with its ideology of individualism and personalized property, this mechanism of social protection does not work. Based on the laws of a market economy, it is reasonable to say that the victim (or family members of the deceased) should be paid by a specific "harm-maker" - the perpetrator of the incident and / or the owner (owner) of the objects that caused this harm.

Who is to blame if an employee is harmed?

In principle, whatever one may say, the employer is the culprit, because if he had not hired an employee, the whole life of the latter would have gone differently and this harm would not have been caused. Note that this is precisely why in most developed countries of the world, injuries received while traveling to and from work are recognized as work-related, and the harm caused by them must be compensated.

Moreover, the employer, by concluding an employment contract with an employee, actually "buys" his ability to work - the labor force. But since he is a kind of owner of the labor force for the duration of the employee's performance of his labor duties under the contract, he must be fully responsible for the "safety" and consequences of "damage" to his "property" - the employee.

However, such an approach (in principle, fair, and therefore not contested by anyone) can become ruinous for an employer, especially a small one. Given that the onset of harm is still not universal and not mandatory, but relatively single, almost random, the best way to satisfy the interests of all three parties - society, employee, employer - is social insurance of employees for the above risks.

But even this is not enough. The legal fact of causing harm to an employee must be proven, recognized, assessed, and only after that compensation must be paid for it.

Therefore, the harm that requires compensation must, firstly, be socially significant, i.e. seriously violating labor relations between the employee and the employer and preventing the preservation of the status quo that existed before the harm was done, and, secondly, actually related to the employee's actions to fulfill his duties arising from the content of the employment contract with the employer.

Therefore, the legal concept of "work injury" (accident at work) and "occupational disease" inevitably arises. Only these (serious in their medical and socio-economic nature) phenomena are subject to compensation, which in fact is a DAMAGE for the employer. And therefore, he seeks to reduce this damage either (in the legal field) by seriously engaging in labor protection, or (in the illegal field) "hiding" from society and the state either the existence of labor relations, or the facts of injury and / or occupational disease.

Since each victim, having lost his ability to work, must either die of hunger or receive compensation, society, represented by the state, cannot but introduce a system for regulating the labor relations of the employee and the employer in the field of labor safety - labor protection.

That is why labor protection is an element social policy society and the state, that is why it is an integral part of labor law, that is why the main provision of labor protection - ensuring safe and healthy working conditions - is one of the main constitutionally enshrined rights of every citizen of the Russian Federation.

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

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Immunity of pregnant women reacts to the sex of the child 14.02.2017

You can hear from women that during pregnancy they feel who is inside them, a boy or a girl. This is not fiction: some medical studies have been able to show that the well-known and not very pleasant symptoms that accompany pregnancy can be stronger or weaker depending on the sex of the unborn child.

But what is the specific reason for these differences? Amanda Mitchell (Amanda M. Mitchell) and her colleagues at Ohio State University suggested that the whole thing in immunity. Poor health often begins with inflammation, so the researchers decided to check how the inflammatory background changes during pregnancy in eighty women.

The immune system controls inflammation with the help of cytokine signaling proteins, and if a bacterial infection appears in the body, for example, immune cells release many cytokines to coordinate the attack against the pathogen. On the other hand, if the immune system is "overheated", if it maintains a smoldering inflammatory reaction from scratch, without any serious reasons, then this can be recognized by the background level of the same cytokines.

The background level of inflammatory cytokines in the blood of pregnant women did not depend on the sex of the child. But everything changed when the bacteria appeared: in women pregnant with girls, immune cells responded to infection more strongly, generating more inflammatory molecular signals. Bacteria constantly penetrate our body, and the immune system successfully reflects their attacks, preventing the development of a full-fledged infectious disease.

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Why immunity becomes so active "in the presence of girls" is not yet entirely clear; perhaps the reason for this is the specific changes in the hormonal background that occur precisely when carrying a female child. But, be that as it may, both the pregnant women themselves and the doctors in whom they are observed need to take into account such features of the behavior of the immune system and take some immunosedative measures in a timely manner.

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