Standards of legal regulation of labor protection in the Russian Federation. Course work: Legal regulation of labor protection. Characteristics of the state of labor conditions and safety in the Russian Federation

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INTRODUCTION
CHAPTER 1. GENERAL PROVISIONS OF OCCUPATIONAL SAFETY

1.1 Concept and meaning of labor protection
1.2 Legal regulation of labor protection

CHAPTER 2. IMPLEMENTATION OF WORKERS' RIGHT TO OCCUPATIONAL SAFETY

2.1 Requirements and organization of labor protection
2.2 Ensuring workers’ rights to labor protection

CONCLUSION
BIBLIOGRAPHICAL LIST

INTRODUCTION

Based on generally accepted principles and norms international law and in accordance with the Constitution of the Russian Federation, which came into force on February 1, 2002, the Labor Code of the Russian Federation includes among the basic principles of legal regulation of labor relations the provision of the right of every employee to fair working conditions, including working conditions that meet the requirements of safety and hygiene, rights for rest, including limiting working hours, providing daily rest, weekends and non-working days holidays, paid annual leave.

On modern stage development of society, the state is faced with the task of increasing the well-being of the population on the basis of dynamic and sustainable economic growth and increasing the competitiveness of the country. Solving this problem can only be done by people whose professional level meets modern qualification requirements, and the totality of their physical, mental and emotional capabilities allows them to perform work of a certain volume and quality during the established working hours without harming their health, i.e. while ensuring reliable protection of their labor. There is a need for new approaches to the formation of human capital, including the need to improve the legal mechanism for protecting the health of the working population, taking into account the prospects for the development of society.

The purpose of this work is to consider the provisions of labor protection at enterprises and identify how the rights of workers to labor protection are ensured. In accordance with this, the following tasks were set: to determine the main directions public policy in the field of labor protection, labor protection requirements, labor organization.

1. GENERAL OCCUPATIONAL SAFETY PROVISIONS

1.1 Concept and meaning of labor protection

The solution to specific problems of improving working conditions and protecting the health of the working population is achieved in the process of implementation by the state of such important functions as the formation of state policy in the field of labor protection; state management of labor protection; creation of a regulatory framework, including state regulatory requirements for labor protection, aimed at protecting the labor of workers; ensuring the implementation of these acts; state supervision and monitoring compliance by employers with labor protection requirements.

In Part 1 of Art. 209 of the Labor Code of the Russian Federation, labor protection is defined as a system for preserving the life and health of workers in the process labor activity, which includes legal, socio-economic, organizational and technical, sanitary and hygienic, treatment and preventive, rehabilitation and other measures. The listed measures are designed to protect workers during their work activities from the effects of harmful production factors and hazardous production factors. A harmful production factor is understood as the impact on an employee of working conditions, which can lead to his or her occupational disease. A hazardous production factor is the impact on an employee of working conditions, which can lead to injury.

State activities in the field of labor protection, which is designed to create a system of measures to preserve the life and health of workers in the process of work, should proceed in the following areas:

1) ensuring priority preservation of the life and health of workers;

2) adoption and implementation of regulatory legal acts of the Russian Federation and its constituent entities on labor protection, as well as federal and regional target programs for improving working conditions and labor protection;

3) prevention of accidents and damage to the health of workers;

4) state management of labor protection;

5) state supervision over compliance with labor protection requirements;

6) state examination of working conditions;

7) investigation and recording of industrial accidents and occupational diseases;

8) protection of the legitimate interests of workers affected by industrial accidents and occupational diseases, as well as members of their families on the basis of compulsory social insurance of workers against industrial accidents and occupational diseases;

9) establishing compensation for work with harmful and (or) dangerous working conditions that cannot be eliminated at the current technical level of production and labor organization;

10) coordination of activities in the field of labor protection, environmental protection and other types of economic and social activities;

11) dissemination of advanced domestic and foreign experience in improving working conditions and safety;

12) state participation in financing labor protection measures;

13) training and advanced training of labor protection specialists;

14) organization of state statistical reporting on working conditions, as well as on industrial injuries, and their material consequences;

15) ensuring the functioning of a unified information system, labor protection;

16) international cooperation in the field of labor protection;

17) carrying out an effective tax policy that stimulates the creation of safe working conditions, the development and implementation of new equipment and technologies that ensure labor safety, and the production of personal and collective protective equipment for workers;

18) establishing a procedure for providing workers with personal and collective protective equipment, as well as sanitary facilities and devices, medical and preventive means at the expense of employers.

Listed directions government activities in the sphere of labor are ensured through the adoption of normative legal acts by public authorities Russian Federation and its subjects, bodies local government, as well as concluding agreements and collective agreements. The implementation of these regulatory legal acts occurs in specific organizations and employers - individuals. Monitoring compliance with the provisions contained in these acts should be carried out by state bodies, local government bodies and representatives of workers represented by trade unions within the limits of their powers.

1.2 Legal regulation of labor protection

The legislation of the Russian Federation on labor protection is based on the Constitution of the Russian Federation and consists of the Labor Code of the Russian Federation, other federal laws, containing labor protection standards in various industries production, such as, for example, Federal Law of July 21, 1997 No. 116-FZ "On industrial safety dangerous production facilities", Federal Law of January 9, 1996 No. 3-FZ "On radiation safety population", Federal Law of November 7, 2000 No. 136-FZ "On the social protection of citizens engaged in work with chemical weapons"; Federal Law of April 8, 2000 No. 50-FZ "On the ratification of the 1986 Convention on Occupational Safety and Health in use of asbestos", Federal Law of March 30, 1999 No. 52-FZ "On the sanitary and epidemiological welfare of the population", Federal Law of June 20, 1996 No. 81-FZ "On state regulation in the field of coal mining and use, on the features social protection employees of coal industry organizations", as well as laws and other regulatory legal acts adopted by the constituent entities of the Russian Federation.

Such regulations make it possible to take into account the specifics of working conditions individual categories workers in various industries and ensure their labor protection accordingly.

Some Federal laws regulating socio-economic relations address issues related to labor protection, such as:

Federal Law of May 1, 1999 No. 92-FZ “On the Russian Tripartite Commission for the Regulation of Social and Labor Relations”;

Federal Law of January 12, 1996 No. 10-FZ "On trade unions, their rights and guarantees of activity."

Laws and other regulations on labor protection adopted by the constituent entities of the Russian Federation must not contradict federal laws adopted on the subjects of jurisdiction of the Russian Federation and on joint subjects of jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. The effect of labor and labor protection legislation extends, in accordance with Article 11 of the Labor Code of the Russian Federation, to:

Labor relations and other relations directly related to them;

Other relations related to the use of personal labor, if this is provided for by the Labor Code of the Russian Federation or other federal law;

Employers (individuals and legal entities), regardless of their organizational and legal forms and forms of ownership;

Labor relations with the participation of foreign citizens, stateless persons, organizations created or established foreign citizens, stateless persons or with their participation, international organizations and foreign legal entities, unless otherwise provided by an international treaty of the Russian Federation.

legal regulatory labor protection

2. IMPLEMENTATION OF WORKERS' RIGHT TO OCCUPATIONAL SAFETY

2.1 Requirements and organization of labor protection

According to Part 1 of Article 219 of the Labor Code of the Russian Federation, every employee has the right to:

- a workplace that meets labor protection requirements.

According to Article 379 of the Labor Code of the Russian Federation, for the purpose of self-defense of labor rights, an employee, having notified the employer or his immediate supervisor or other representative of the employer in writing, has the right to refuse to perform work not provided for in the employment contract, as well as to refuse to perform work that directly threatens his life and health, except for cases provided for by the Labor Code of the Russian Federation and other federal laws.

During the suspension of work through no fault of the employee, he retains his place of work (position) and average earnings, other rights provided for by labor legislation and other acts containing labor law norms;

- compulsory social insurance against industrial accidents and occupational diseases in accordance with federal law.

In accordance with Law No. 125-FZ, compulsory social insurance against industrial accidents and occupational diseases, being a type of social insurance, Article 1 provides for:

“ensuring social protection of the insured and economic interest of insurance entities in reducing professional risk;

compensation for harm caused to the life and health of the insured during the performance of his duties under an employment agreement (contract) and in other cases established by this Federal Law, by providing the insured in full with all necessary types of insurance coverage, including payment of medical, social and vocational rehabilitation."

Transportation of workers affected by industrial accidents and occupational diseases, as well as for other medical reasons, to medical institutions or to their place of residence is carried out using the organization’s vehicles or at its expense. All organizations, regardless of their form of ownership, are required to insure their employees;

- ensuring preventive measures to reduce industrial injuries and occupational diseases;

- obtaining reliable information from the employer, relevant government bodies and public organizations about labor conditions and safety in the workplace, about the existing risk of damage to health, as well as about measures to protect against exposure to harmful and (or) hazardous production factors.

The working conditions provided for in the employment contract must comply with labor protection requirements. The presence of harmful and (or) dangerous working conditions must be specified in the contract.

- refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for by federal laws, until such danger is eliminated.

If an employee refuses to perform work in the event of a danger to his life and health, with the exception of cases provided for by federal laws, the employer is obliged to provide the employee with another job while this danger is eliminated.

An employee’s refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements or from performing heavy work and work with harmful or dangerous working conditions not provided for in the employment agreement (contract) does not entail his involvement in disciplinary liability.

If providing another job for objective reasons is impossible, the employee’s downtime until the danger to his life and health is eliminated is paid by the employer in accordance with current legislation;

- provision of personal and collective protective equipment in accordance with labor protection requirements at the expense of the employer.

If the employee is not provided with personal and collective protective equipment (in accordance with the standards), the employer does not have the right to require the employee to perform work duties and is obliged to pay for downtime arising for this reason in accordance with the legislation of the Russian Federation;

- training in safe labor methods and techniques at the expense of the employer.

The procedure for training in safe labor methods and techniques is regulated by Resolution of the Ministry of Labor of the Russian Federation No. 1 and the Ministry of Education of the Russian Federation No. 29 of January 13, 2003 “On approval of the Procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations” and the appendix to it, which and is called “The procedure for training in labor protection for testing knowledge of labor protection requirements for employees of organizations,” and Article 225 of the Labor Code of the Russian Federation.

This regulation is designed to provide preventive measures to reduce industrial injuries and occupational diseases and establishes general provisions for mandatory training in labor protection and testing of knowledge of labor protection requirements for all workers.

2.2 Securityrightsworkersonsecuritylabor

In order to ensure labor safety requirements and monitor their implementation, in each organization carrying out production activities with more than 50 employees, an occupational safety service is created or the position of a labor safety specialist is introduced. This position must be filled by persons with appropriate training or experience in this field. Thus, from the contents of Part 1 of Art. 217 of the Labor Code of the Russian Federation, two can be legally distinguished: significant circumstances, the occurrence of which entails the obligation to create a labor protection service or to introduce the position of a labor protection specialist. Firstly, such a circumstance is the implementation of production activities in the organization, that is, activities as a result of which the corresponding product is produced. The rule in question does not apply to other organizations, for example, those providing services to the public. Secondly, the circumstance, the occurrence of which serves as the basis for the creation of an occupational safety service or the introduction of the position of an occupational safety specialist, is the presence of 51 or more employees in the production organization. In this case, persons who are in labor relations with the organization are taken into account.

The structure of the occupational safety service in an organization or the number of workers in the occupational safety service is determined by the employer, taking into account the recommendations of the Ministry of Labor of the Russian Federation. However, these recommendations are not mandatory for the employer. Therefore, the creation of a labor protection service or the introduction of the position of a labor protection specialist should be recognized as fulfilling the requirements of the law if the above-mentioned legally significant circumstances are proven.

The labor protection service in the organization is created to ensure compliance with labor protection requirements. Employees of this service must take measures aimed at protecting life and health during work, in particular the proper use of personal and collective defense, safe methods and techniques, as well as other measures provided for by law and local acts organizations. The labor protection service may report a violation of labor protection requirements to the state labor inspectorate. Such a message must be considered within the time limits established by law. However, the labor protection service cannot independently contact judiciary with a statement to eliminate violations of workers’ rights to labor protection.

Labor protection service in st. 22 of the Code of Civil Procedure of the Russian Federation is not included in the list of entities that have the right to apply for judicial protection. In this connection, employees of the labor protection service can go to court only if they have a power of attorney from the employer or employee, which indicates the authority to protect rights in the field of labor protection in court. The labor protection service can bring information about violations of the labor rights of workers in the field of labor protection to trade unions, which have the authority to protect the rights and interests of their members, including judicial procedure. A labor protection specialist in an organization has similar powers, but cannot apply to the judicial authorities to protect the rights of other persons, that is, employees. However, documents prepared by the labor protection service or labor protection specialist must be assessed as evidence, including when considering claims of violation of rights in the field of labor protection in court.

In organizations, at the initiative of the employer and at the initiative of employees or their representative body, labor protection committees are created. They consist of equal numbers of representatives of the employer and employees. The standard regulations on the labor protection committee have been approved by the Ministry of Labor of the Russian Federation. In accordance with Part 2 of Article 218 of the Labor Code of the Russian Federation, the labor protection committee (commission) organizes joint actions of the employer and employees to ensure labor protection requirements, prevent industrial injuries and occupational diseases, and also organizes inspections of conditions and labor protection at workplaces and informing workers about the results of such inspections, collecting proposals for the section of the collective agreement (agreement) on labor protection. Thus, the creation of a committee (commission) on labor protection in an organization is the right of authorized representatives of the employer and employees.

Representatives of employees and the employer determine the powers of the labor protection committee (commission) in the organization. Therefore, in Part 2 of Art. 218 of the Labor Code of the Russian Federation, the competence of the labor protection committee is not exhaustively defined. The labor protection committee in an organization may include labor protection service employees or a labor protection specialist. A labor protection committee (commission) can be created both in organizations that have a labor protection service or a labor protection specialist, and in organizations that do not have them.

Authorized representatives of the employer are obliged to create conditions for the work of the labor protection committee (commission), in particular, not to interfere with its members conducting inspections on compliance with safety rules and industrial sanitation in the workplace. The labor protection committee (commission) also cannot independently make demands to eliminate violations in the field of labor protection in court. However, he has the right to report information about such violations to the state labor inspectorate. In addition, members of the labor protection committee are representatives of the employer and employees. In this connection, they can receive the authority to protect rights and legitimate interests in court, respectively, from the employer or from the body representing employees.

Labor protection services, a labor protection specialist, and a labor protection committee can participate in the preparation of local regulatory legal acts, for example, collect proposals for the formation of a section of a collective agreement on labor protection, and prepare drafts of other acts in the field of labor protection. The conclusion of the listed bodies and persons can become one of the evidence when considering applications for invalidation of a local regulatory act in the field of labor protection in court and the legal labor inspectorate.

Labor protection services, a labor protection specialist, and a labor protection committee may take part in the application of regulatory legal acts on labor protection. In particular, they can make proposals to the employer on the content of law enforcement acts issued by its authorized representatives. The documents they accept are acceptable evidence when resolving applications for the application of labor safety standards by the state labor inspectorate and the court.

The employer and employees can vest occupational safety services, occupational safety specialists, occupational safety and health committees with other powers in order to create conditions that are more favorable than the legislation for preserving the life and health of workers during their work activities. However, these bodies and persons cannot limit the rights and freedoms of workers guaranteed by law. Thus, the goal of their activities is to create conditions to preserve the life and health of workers in the process of work.

CONCLUSION

As a legal institution, labor protection includes standards establishing the rights and obligations of workers and employers on issues of occupational safety and health, as well as specifying them through rules and instructions on labor protection; special norms on compensation for persons working in difficult, harmful or dangerous conditions; standards on labor protection for women, minor workers, and persons with reduced ability to work; standards governing the organization of labor protection work; rules for investigating and recording industrial accidents.

Occupational safety has social, economic and legal significance. The social significance of labor protection is that labor protection helps to strengthen (preserve) the health of workers from harmful and dangerous production factors. The economic importance of labor protection is realized in the growth of labor productivity, economic recovery, and increased production. The legal significance of labor protection consists in the legal regulation of work according to ability, taking into account the severity of working conditions, the physiological characteristics of the female body, the body of adolescents and the working ability of disabled people. In addition, labor safety issues are the object of organizational and managerial relations between the labor collective (the corresponding trade union body) and the employer, as well as social partnership relations at the federal, industry, and regional levels.

The legal regulation of labor protection widely combines centralized norms of labor legislation, which establish a minimum of legal measures for labor protection, with a contractual method that increases and specifies this minimum on the basis of agreements, collective agreements, and employment contracts.

BIBLIOGRAPHICAL LIST

1. The Constitution of the Russian Federation, adopted by popular vote on December 12, 1993 (as amended on December 30, 2008) // Russian newspaper dated December 25, 1993

2. Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ (as amended on December 31, 2008) // SZ RF, 01/07/2002, No. 1 (Part 1), Art. 3.

3. Civil Procedure Code of the Russian Federation of November 14, 2002 No. 138-FZ (as amended on April 5, 2009) // SZ RF, November 18, 2002, No. 46, Art. 4532.

4. Resolution of the Ministry of Labor of the Russian Federation and the Ministry of Education of the Russian Federation of January 13, 2003 No. 1/29 “On approval of the Procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations” // "Rossiyskaya Gazeta", No. 35, 02.22.2003.

5. Beimler P.Yu. Labor protection in constitutional law // Legal sciences. No. 4 (26), 2007, p. 47.

6. Vlasov V.I., Krapivin O.M. Labor protection: issues of legal regulation. - M.: Os-89, 2006, p.304.

7. Emelyanova N.V. Current issues legal regulation of labor protection // Sport: economics, law, management. No. 1, 2007, p. 39.

8. Zhdankin N.A. Labor protection as the most important element of the competitiveness of an enterprise // Labor Law. No. 2, 2006 p. 103.

9. Krasnykh G.I. Occupational safety and health in the Russian Federation: concept, main features and content // Anthology of scientific thought: To the 10th anniversary Russian Academy justice. Collection of articles. - M.: Statute Publishing House, 2008, p.252.

10. Khramenok A.G. New requirements for the organization of labor protection // Labor disputes. No. 1, 2007, p. 44.

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Occupational safety: concept and content

Constitution of the Russian Federation in Art. 7 establishes that people’s labor and health are protected by the state, and Art. 37 of the Constitution guarantees citizens the right to work in conditions that are safe for their health. Problems of occupational health and safety in the working environment have always been the subject of discussion both at the national and international levels. Dozens of ILO conventions are devoted to industrial safety issues. The International Covenant on Economic, Social and Cultural Rights of December 16, 1996 establishes that the States Parties to this Covenant recognize the right of everyone to just and favorable working conditions, including the right to working conditions that meet safety and hygiene requirements. Today, the relevance of this problem is due to significant changes in the scientific and technical base of modern production, an increase in the share of hazardous and especially hazardous industries, especially in the electric power industry, the nuclear industry, and mining industries.

That is why labor protection is one of the most important objects of social policy of any state. The main and main direction of state policy in the field of labor protection is ensuring the priority of preserving the life and health of workers. Violation of labor safety standards by workers and employers inevitably leads to a decrease in labor productivity, an increase in occupational diseases and occupational injuries.

Occupational safety and health can be considered in a broad and narrow sense.

In a broad sense, labor protection is understood as a system for preserving the life and health of workers in the process of work, which includes legal, socio-economic, organizational and technical, sanitary and hygienic, treatment and preventive, rehabilitation and other measures (Article 209 of the Labor Code of the Russian Federation) . That is why labor protection is studied not only by lawyers, but also by students of economic, technical, and medical educational institutions.

Legal measures, in particular, include: development and improvement of a unified regulatory framework for regulating relations in the field of labor protection; implementation of federal laws and other regulatory legal acts containing labor law standards on labor protection, as well as federal, sectoral and territorial targeted programs for improving working conditions and its protection; development of local legal acts on labor protection; protection of the rights of workers in the field of labor protection in the event of their violation (for example, the opportunity to use self-defense if work threatens the life and health of the employee); bringing to justice persons guilty of violating labor safety regulations at all levels.

Socio-economic measures include: a system of incentives for workers and employers for special achievements in the field of labor protection (for example, bonuses to employees for proper compliance with the employer’s labor protection standards); state participation in financing labor protection measures; implementing an effective tax policy that encourages the creation of safe working conditions; establishing a procedure for providing workers with personal and collective protective equipment, medical and preventive means at the expense of employers; establishing compensation for hard work and work under harmful and (or) dangerous working conditions; compulsory social insurance of workers against industrial accidents and occupational diseases, other forms of implementation of state economic policy in the field of labor protection.

Organizational and technical measures include certification of workplaces according to working conditions, conducting briefings on labor protection, conducting inspections of organizations by state labor protection inspectors, and training specialists in the field of labor protection.

Sanitary and hygienic measures include conducting preliminary and periodic medical examinations of workers (Article 213 of the Labor Code of the Russian Federation).

Therapeutic and preventive measures include providing workers with means personal protection(Article 221 of the Labor Code of the Russian Federation); issuing milk and therapeutic and preventive nutrition to employees (Article 222 of the Labor Code of the Russian Federation); provision of sanatorium-resort treatment to employees, sanitary, medical and preventive services for employees (Article 223 of the Labor Code of the Russian Federation).

Rehabilitation measures include providing first aid to victims of industrial accidents; investigation of industrial accidents.

It is impossible to completely eliminate the impact of adverse factors on workers; in the near foreseeable future we will be dealing with hazardous and harmful types of production. However, the work of workers must be organized in such a way that the effect of hazardous and harmful factors labor was localized by creating a protection system that limits the impact of these factors. Ensuring labor safety requires the creation of an appropriate production infrastructure that guarantees each employee the preservation of life and health during work.

In a narrow sense, labor protection as a legal institution is a system of legal norms that provide in labor legislation, other regulations containing labor law norms, agreements, collective agreements, local regulations, labor contracts, means of ensuring safe working conditions for workers and measures to improve health and improving these conditions.

As a principle of labor law, labor protection is implemented in ensuring the right of every employee to fair working conditions, including working conditions that meet safety and hygiene requirements, the right to rest, including limitation of working hours, provision of daily rest, days off and non-working holidays, paid annual leave (Article 2 of the Labor Code of the Russian Federation).

A characteristic feature of the formation of modern legislation on labor protection is the introduction of terms and concepts into laws with the aim of their uniform application. In particular, in Art. 209 of the Labor Code of the Russian Federation contains definitions of a number of terms used by the Institute of Labor Protection; they reveal the content of factors and conditions affecting workers in the process of work.

Working conditions– a set of factors in the working environment and the labor process that influence the performance and health of the employee.

Harmful production factor– a production factor, the impact of which on an employee can lead to illness.

Hazardous production factor– an industrial factor, the impact of which on a worker can lead to injury.

Safe working conditions– conditions under which exposure to harmful and (or) hazardous production factors on workers is excluded or their exposure levels do not exceed established standards.

Personal and collective protective equipment for workers– technical means used to prevent or reduce the impact of harmful and (or) hazardous production factors on workers, as well as to protect against pollution.

Certificate of compliance with the organization of work on labor protection– a document certifying the compliance of the employer’s labor protection work with state regulatory labor protection requirements.

Occupational safety requirements– state regulatory requirements for labor protection, including labor safety standards, as well as labor protection requirements established by the rules and instructions for labor protection.

State examination of working conditions – assessment of compliance of the object of examination with state regulatory requirements for labor protection.

Certification of workplaces according to working conditions– assessment of working conditions at workplaces in order to identify harmful and (or) dangerous production factors and implement measures to bring working conditions into compliance with state regulatory requirements for labor protection.

Occupational Safety Standards– rules, procedures, criteria and standards aimed at preserving the life and health of workers in the process of work and regulating the implementation of socio-economic, organizational, sanitary and hygienic, treatment and preventive, rehabilitation measures in the field of labor protection.

Professional risk – the likelihood of harm to health as a result of exposure to harmful and (or) hazardous production factors when an employee performs duties under an employment contract or in other cases established by the Labor Code of the Russian Federation and other federal laws. The procedure for assessing the level of occupational risk is established by the federal executive body that carries out the functions of developing state policy and legal regulation in the field of labor, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

Occupational Risk Management– a set of interrelated measures, including measures to identify, assess and reduce levels of professional risks.

The Institute of Labor Protection is characterized by many regulatory legal acts of varying legal force and scope. Of course, the central act establishing the basic standards on labor protection is the Labor Code of the Russian Federation, especially its section. X with the same name. It establishes state guarantees for the creation of favorable working conditions. The obligation to ensure safe conditions and labor protection in accordance with Art. 212 of the Labor Code of the Russian Federation is assigned to the employer. This means that the executive bodies of state power are responsible only for the implementation of state policy, the creation of a legislative and regulatory framework in the field of labor protection, supervision and control over the implementation of labor legislation. And responsibility for the safety of workers at work rests with the party to the employment contract - the employer.

In pursuance of the provisions of section. X Labor Code of the Russian Federation adopted Resolution of the Government of the Russian Federation dated December 27, 2010 No. 1160 “On approval of the Regulations on the development, approval and amendment of regulatory legal acts containing state regulatory requirements for labor protection”, according to which the regulatory legal acts, containing state regulatory requirements for labor protection, include:

occupational safety standards;
rules and standard instructions on labor protection;
state sanitary and epidemiological rules and regulations ( sanitary rules and norms, sanitary norms, sanitary rules and hygienic standards that establish requirements for factors in the working environment and the labor process).

In addition, labor safety measures are established by the employer himself in collective agreements and local regulations (for example, labor safety instructions). The parties to the social partnership include additional guarantees in the field of labor protection in the agreements. For example, in the General Agreement between all-Russian associations of trade unions, all-Russian associations of employers and the Government of the Russian Federation for 2011-2013, the parties undertake to prepare and ensure the implementation of an action program to improve conditions and labor protection aimed at reducing mortality from occupational injuries and preventing the occurrence of occupational diseases, develop a system for monitoring the state of working conditions and labor protection, including improving state statistical reporting.

Conditions related to labor protection must be included in the employment contract. These are compensation for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, characteristics of working conditions in the workplace, the condition of compulsory social insurance of the employee in accordance with the Labor Code of the Russian Federation and other federal laws (Article 57 of the Labor Code of the Russian Federation), standards for the free distribution of flushing and (or) disinfectants to employees.

Order of the Ministry of Health and Social Development of Russia dated December 17, 2010 No. 1122n “On approval of standard standards for the free issuance of flushing and (or) disinfectants to employees and labor safety standards.”

Legal regulation of labor protection

Introduction

Chapter 1. State policy and requirements in the field of labor protection

1.1 Labor protection legislation

1.2 Regulatory and normative-technical documentation

2.1 Rights and obligations of the employer in organizing labor protection

2.2 Rights and obligations of labor protection workers

2.3 Responsibility for violation of labor protection requirements

Chapter 3. Organization of labor protection

3.1 State management of labor protection

3.2 Organization and functions of labor protection services at the enterprise

Conclusion

Introduction

Labor protection is a system for preserving the life and health of workers in the course of their work activities, which includes legal, socio-economic, organizational and technical, sanitary and hygienic, medical and preventive, rehabilitation and other measures that form a mechanism for implementing the constitutional right of citizens to labor (Article 37 of the Constitution of the Russian Federation).

For recent years As a result of the adoption of a number of federal laws and other regulatory legal acts on labor protection (or directly related to labor protection), a legal framework for labor protection of employees of organizations has been formed in the country. This includes defining the content of workers’ rights to work that meets safety and hygiene requirements, as well as the scope of responsibilities of employers.

Provisions of Part 3 of Art. 37 of the Constitution of the Russian Federation, which guarantees everyone the right to work in conditions that meet safety and hygiene requirements, is based on numerous international legal norms. Thus, the right to working conditions that meet safety and hygiene requirements is enshrined in Art. 7 of the International Covenant on Economic, Social and Cultural Rights.

As numerous observations indicate, violations of labor protection requirements occur mainly through the fault of administration representatives. Many of them have a very weak understanding of their responsibilities in the field of labor protection of workers, despite the fact that for violation of these duties they are subject to disciplinary, administrative, civil and even criminal liability.

Thus, the relevance of the formulated topic of the course work is obvious, which allows not only to identify new approaches to the study of the category of labor protection, but also to systematize the knowledge and law enforcement practice accumulated by legal science.

Certain aspects of the problem of labor protection have been repeatedly considered in legal science. General theoretical aspects of labor protection and problems associated with accidents at work have recently been developed by such scientists as Korshunov E.N., Kukharenko A.Yu., Kurennoy A.M., Solovyov A., Frolov O., Smyk O., and others.

Our work also uses the works of scientists in the field of labor and other branches of law - Bratchikova N.V., Anisimova L.N., Sheptulina N.N., Sitnikova E., Selivanova N., as well as other authors, comments on labor legislation , labor law textbooks.

The purpose of the presented work is a comprehensive theoretical and legal analysis of the problem of ensuring labor protection and legal regulation of legal relations arising as a result of industrial accidents.

To achieve this goal, it is necessary to solve the following tasks:

Identify trends in the development of labor protection standards;

Determine the content and features of labor protection and legal regulation of legal relations arising as a result of accidents at work as a legal institution;

Analyze the legislation of the Russian Federation in the field of labor protection and legal regulation of legal relations arising as a result of industrial accidents, judicial and administrative practice;

The object of this work is labor protection and regulation of legal relations arising as a result of industrial accidents as theoretical categories and as a legal phenomenon of social reality.

The subject is determined by the identification and study, within the framework of the stated topic, of regulatory and legal sources, both domestic, adopted at the federal level and at the level of federal subjects, and judicial practice.

The regulatory framework consisted of: the Constitution of the Russian Federation, federal legislation affecting labor protection issues, laws of the constituent entities of the Russian Federation, regulations international treaties. Judicial practice represented by decisions of federal courts.

Chapter 1. State policy and requirements in the field of labor protection

1.1 Labor protection legislation

The legal basis for regulating relations in the field of labor protection between employers and employees, aimed at creating working conditions that meet the requirements of preserving the life and health of workers in the process of work, were determined by Article 37 of the Constitution of the Russian Federation and the Federal Law of July 17, 1999. No. 181-FZ “On the fundamentals of labor protection in the Russian Federation” (hereinafter referred to as the Fundamentals).

When preparing the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), Articles 1, 3, 4, 8, 9, 11, 12, 13, 14, 15, 16, 17, were included practically unchanged in its section X “Occupational Safety and Health” 18, 19 Fundamentals, which formed a significant part of the legal norms of the Labor Code of the Russian Federation in the field of labor protection, set out respectively in its articles 209, 211, 210, 219, 220, 216, 217, 218, 212, 214, 215, 221, 225, 226.

Norms and rules for labor protection are contained not only in Section X “Labor Safety” of the Labor Code of the Russian Federation, but also in its Chapter 41 “Peculiarities of regulating the labor of women and persons with family responsibilities”, Chapter 42 “Peculiarities of regulating the labor of workers under the age of eighteen” etc.

Labor protection covers almost all relations between the employer and the employee, including the equipment of his workplace, the length of the working day, rest breaks, vacations, the provision of special clothing and footwear, preventative nutrition, etc. etc.

At the same time, specific requirements for compliance with labor protection are regulated by various kinds of regulations - GOSTs, sanitary and building regulations, others regulatory documents, approved by authorized government bodies.

For the purposes of labor protection legislation, the following basic concepts are used (Article 209 of the Labor Code of the Russian Federation):

– labor protection is a system for preserving the life and health of workers during their work activities, which includes legal, socio-economic, organizational, technical, sanitary and hygienic, treatment and preventive, rehabilitation and other measures;

– working conditions – a set of factors in the working environment and the labor process that affect the performance and health of the employee;

– harmful production factor - a production factor, the impact of which on an employee can lead to illness;

– hazardous production factor – production factor, the impact of which on an employee can lead to injury;

– safe conditions labor - working conditions under which workers are excluded from exposure to harmful or hazardous production factors or their exposure levels do not exceed established standards;

– workplace – a place where an employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer;

– means of individual and collective protection of workers – technical means used to prevent or reduce the impact of harmful or hazardous production factors on workers, as well as to protect against pollution;

– certificate of conformity of labor protection work (safety certificate) - a document certifying the compliance of the labor protection work carried out in the organization with the established state regulatory requirements for labor protection;

– production activity – a set of human actions using tools necessary to transform resources into finished products, including production and processing various types raw materials, construction, provision of various types of services.

Such unification of the concepts used in the Fundamentals and the Labor Code of the Russian Federation is an indispensable condition for their correct and uniform application by both employers and employees, as well as government bodies, courts, etc. At the same time, the unification of concepts is a condition for the development and uniform application of state regulatory requirements for labor protection.

The goal of legislation in the field of labor protection is to create working conditions that meet the requirements of preserving the life and health of workers in the process of their work activities.

To achieve this goal, a mechanism is needed through which the whole range of measures will be implemented to create working conditions that meet the requirements of preserving the life and health of workers. In order to create such a mechanism, it was necessary to develop a state policy (or at least its main directions, as provided for (Article 210 of the Labor Code of the Russian Federation) for actions in the field of labor protection and to authorize the relevant state and other bodies to implement this policy.

The main directions of state policy regarding directly the labor protection of workers are:

– adoption and implementation of federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of constituent entities of the Russian Federation on labor protection, as well as federal target, sectoral target and territorial target programs for improving conditions and labor protection;

– state supervision and control over compliance with labor protection requirements;

– investigation and recording of industrial accidents and occupational diseases;

– protection of the legitimate interests of workers affected by industrial accidents and occupational diseases, as well as members of their families on the basis of compulsory social insurance of workers against industrial accidents and occupational diseases;

– establishment of compensation for hard work and work with harmful and (or) dangerous working conditions that cannot be eliminated at the current technical level of production and labor organization;

– training and advanced training of labor protection specialists;

Article 210 of the Labor Code of the Russian Federation also provides that the implementation of the main directions of state policy in the field of labor protection is ensured by the coordinated actions of government bodies of the Russian Federation, its constituent entities and local governments, employers, associations of employers, as well as trade unions, their associations and other representative representatives authorized by employees labor protection authorities.

1.2 Regulatory and normative-technical documentation

1. State regulatory requirements for labor protection determine the rules, procedures and criteria aimed at preserving the life and health of workers. They are installed:

– federal laws and other regulatory legal acts of the Russian Federation on labor protection, which are valid throughout the country;

– laws and other regulatory legal acts of the constituent entities of the Russian Federation on labor protection in force on their territory.

2. It has been established that the specified labor protection requirements are mandatory for legal entities and individuals when carrying out any types of activities, including the design, construction (reconstruction) and operation of facilities, the design of machines, mechanisms and other equipment, the development of technological processes, the organization production and labor.

3. The procedure for the development and approval of by-laws and regulatory legal acts on labor protection, as well as the timing of their revision, are established by the Government of the Russian Federation.

The responsibility of federal government bodies in the field of labor relations and other relations directly related to them includes the adoption of federal laws and other regulatory legal acts that are mandatory for application throughout the entire territory of the Russian Federation.

In turn, government bodies of the constituent entities of the Russian Federation adopt laws and other normative legal acts containing labor law norms on issues not included in the powers of federal government bodies. At the same time, a higher level of labor rights and guarantees for employees compared to those established by federal laws and other regulatory legal acts of the Russian Federation, leading to an increase in budget expenditures, is ensured at the expense of the budget of the corresponding constituent entity of the Russian Federation.

State authorities of the constituent entities of the Russian Federation can adopt laws and other regulatory legal acts containing labor law norms only on issues not regulated by federal laws and other regulatory legal acts of the Russian Federation.

If a federal law or other normative legal act on these issues is adopted, the law or other normative act of a constituent entity of the Russian Federation is brought into conformity with the federal law or other normative legal act of the Russian Federation.

If a law or other regulatory legal act of a constituent entity of the Russian Federation containing labor law norms contradicts the Labor Code of the Russian Federation or other federal laws, or reduces the level of labor rights and guarantees for employees established by the Labor Code of the Russian Federation or other federal laws, the Labor Code of the Russian Federation or other federal law is applied.

The Government of the Russian Federation obliged the federal executive authorities:

c) when developing state regulatory requirements for labor protection, be guided by methodological recommendations on the development of state regulatory requirements for labor protection, approved by the Ministry of Labor and Social Development of the Russian Federation;

e) publish regulations containing state regulatory requirements for labor protection and provide them to interested organizations in the prescribed manner.

The Government of the Russian Federation has established that state regulatory requirements for labor protection are approved for a period of 5 years and can be extended for no more than two periods. The decision to extend the validity period of state regulatory labor protection requirements or to cancel them early can be made no later than 9 months before their expiration date.

When the legislation of the Russian Federation on labor protection, inter-industry rules and standard instructions on labor protection, during implementation new technology and technologies, as well as based on the results of an analysis of industrial injuries, occupational diseases, accidents and disasters in the Russian Federation, state regulatory requirements for labor protection are subject to revision regardless of deadline their actions.

Chapter 2. Responsibilities and rights of the parties to the employment contract to ensure safe conditions and labor protection

2.1 Rights and obligations of the employer in organizing labor protection

According to Article 212 of the Labor Code of the Russian Federation, responsibilities for ensuring safe conditions and labor protection in the organization are assigned to the employer.

The employer, in particular, is obliged to ensure:

– safety of workers during the operation of buildings, structures, equipment, implementation of technological processes, as well as tools, raw materials and supplies used in production (Article 215 of the Labor Code of the Russian Federation);

– use of personal and collective protective equipment for workers (Article 221 of the Labor Code of the Russian Federation);

– working conditions at each workplace that meet labor safety requirements (Articles 219, 220 of the Labor Code of the Russian Federation);

– work and rest regime for workers in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation (Articles 189, 190 of the Labor Code of the Russian Federation);

– acquisition and issuance at our own expense of special clothing, special shoes and other personal protective equipment, flushing and neutralizing agents in accordance with established standards to workers engaged in work with harmful and (or) dangerous working conditions, as well as in work performed in special temperature conditions or those associated with pollution (Article 221 of the Labor Code of the Russian Federation);

– training in safe methods and techniques for performing work on labor protection and providing first aid in case of accidents at work, instruction in labor protection, on-the-job training and testing of knowledge of labor protection requirements, safe methods and techniques for performing work (Article 225 of the Labor Code of the Russian Federation) ;

– prohibition from work of persons who have not undergone training and instructions on labor protection, internship and testing of knowledge of labor protection requirements in accordance with the established procedure;

– organizing control over the state of working conditions in the workplace, as well as over the correct use of personal and collective protective equipment by employees;

– carrying out certification of workplaces according to working conditions with subsequent certification of work on labor protection in the organization;

– in cases provided for by the Labor Code of the Russian Federation, laws and other regulatory legal acts, organize, at its own expense, mandatory preliminary (upon entry to work) and periodic (during employment) medical examinations (examinations) of employees, extraordinary medical examinations (examinations) employees at their requests in accordance with a medical report with their place of work (position) and average earnings retained for the duration of the specified medical examinations (examinations) (Article 213 of the Labor Code of the Russian Federation);

– preventing employees from performing their job duties without undergoing mandatory medical examinations (examinations), as well as in the case of medical contraindications;

– informing workers about labor conditions and safety in the workplace, about the existing risk of damage to health and the compensation and personal protective equipment they are entitled to;

– taking measures to prevent emergency situations, preserving the life and health of workers in the event of such situations, including providing first aid to victims;

– investigation and recording, in accordance with the procedure established by the Labor Code of the Russian Federation and other regulatory legal acts, of industrial accidents and occupational diseases (Articles 227 - 231 of the Labor Code of the Russian Federation);

– sanitary, medical and preventive services for workers in accordance with labor protection requirements (Articles 222, 223 of the Labor Code of the Russian Federation);

– compulsory social insurance of workers against industrial accidents and occupational diseases;

– familiarization of workers with labor protection requirements;

– development and approval, taking into account the opinion of an elected trade union or other body authorized by employees, of instructions on labor protection for employees;

– the presence of a set of regulatory legal acts containing labor protection requirements in accordance with the specifics of the organization’s activities.

The above obligations of the employer are aimed at ensuring the realization of the right of employees to work that meets the requirements of their safety and hygiene (Article 219 of the Labor Code of the Russian Federation). In practice, this means that the employer is obliged to ensure labor protection in the organizational, technical, medical, hygienic, physiological, social and other aspects of the workers’ work activities.

The employer's responsibilities are specified in the relevant articles of the Labor Code of the Russian Federation, other legislative and other regulatory legal acts (including local regulations, various kinds of rules, instructions on labor protection of enterprises and organizations).

In addition, these responsibilities of the employer are reflected and filled with certain content in connection with the specific conditions of production and labor activity of employees in agreements periodically concluded between trade unions and associations of employers, collective and labor agreements.

2.2 Rights and obligations of labor protection workers

According to Art. 219 of the Labor Code of the Russian Federation, every employee has the right to:

– a workplace that meets labor protection requirements;

– compulsory social insurance against industrial accidents and occupational diseases in accordance with federal law;

– obtaining reliable information from the employer, relevant government bodies and public organizations about labor conditions and safety in the workplace, about the existing risk of damage to health, as well as about measures to protect against exposure to harmful and (or) hazardous production factors;

– refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for by federal laws, until such danger is eliminated;

– provision of personal and collective protective equipment in accordance with labor protection requirements at the expense of the employer;

– training in safe labor methods and techniques at the expense of the employer;

– professional retraining at the expense of the employer in the event of liquidation of a workplace due to violation of labor protection requirements;

– a request to conduct an inspection of labor conditions and labor protection at his workplace by federal executive authorities in the field of state supervision and control over compliance with labor and labor protection legislation by employees carrying out state examination of working conditions, as well as trade union control bodies over compliance with labor and labor legislation labor protection;

– appeal to state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation and local governments, to the employer, to associations of employers, as well as to trade unions, their associations and other representative bodies authorized by employees on labor protection issues;

– personal participation or participation through his representatives in the consideration of issues related to ensuring safe working conditions at his workplace, and in the investigation of an industrial accident or occupational disease that has occurred to him;

– an extraordinary medical examination (examination) in accordance with medical recommendations with retention of his place of work (position) and average earnings during the said medical examination (examination);

– compensation established by law, collective agreement, agreement, employment contract, if he is engaged in heavy work and work with harmful and (or) dangerous working conditions.

The provisions of Articles 212 and 219 of the Labor Code of the Russian Federation are interdependent: what is the responsibility of the employer serves as a means of realizing the right of workers to safe work. If the employer conscientiously fulfills his duties assigned to him by Article 212 of the Labor Code of the Russian Federation, he thereby ensures the realization of the workers’ right to safe work and vice versa.

Working conditions stipulated by the employment contract (Articles 56, 57 of the Labor Code of the Russian Federation) must comply with labor protection requirements.

During the suspension of work by federal executive authorities in the field of state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, due to violation of labor protection requirements through no fault of the employee, his place of work (position) and average earnings are retained.

If an employee refuses to perform work in the event of a danger to his life and health, with the exception of cases provided for by federal laws, the employer is obliged to provide the employee with another job while such danger is eliminated.

If providing another job for objective reasons is impossible for an employee, the employee’s downtime until the danger to his life and health is eliminated is paid by the employer in accordance with Article 157 of the Labor Code of the Russian Federation and other federal laws.

If the employee is not provided with personal and collective protective equipment in accordance with established standards, the employer does not have the right to require the employee to perform work duties and is obliged to pay for the downtime that arises for this reason in accordance with the Labor Code of the Russian Federation (Article 157 of the Labor Code of the Russian Federation).

An employee’s refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements or from performing heavy work and work with harmful and (or) dangerous working conditions not provided for in the employment contract does not entail bringing him to disciplinary liability .

2.3 Responsibility for violation of labor protection requirements

In order to prevent and eliminate violations of labor protection legislation, the state ensures the organization and implementation of state supervision and control over compliance with labor protection requirements and establishes the responsibility of the employer and officials for violation of these requirements (Article 419 of the Labor Code of the Russian Federation).

State labor inspectors (legal, occupational safety) when carrying out supervisory and control activities have the right to:

– freely, at any time of the day, if you have a certificate of the established form, visit organizations of all organizational and legal forms and forms of ownership for the purpose of conducting an inspection;

– request from employers and their representatives, executive authorities and local governments and receive from them free of charge documents, explanations, information necessary to perform supervisory and control functions;

– take samples of used or processed materials and substances for analysis, notifying the employer or his representative about this and drawing up a corresponding report;

– investigate industrial accidents in accordance with the established procedure;

– present to employers and their representatives mandatory orders to eliminate violations of labor legislation and other regulatory legal acts containing labor law norms, to restore the violated rights of employees, to bring those responsible for these violations to disciplinary liability or to remove them from office in the prescribed manner;

– send to the courts, in the presence of conclusions of the state examination of working conditions, demands for the liquidation of organizations or termination of the activities of their structural divisions due to violation of labor protection requirements;

– remove from work persons who have not undergone training in safe methods and techniques for performing work, instructions on labor protection, on-the-job training and testing of knowledge of labor protection requirements;

– prohibit the use and production of individual and collective protective equipment for workers that does not have certificates of conformity or does not meet labor protection requirements;

– issue permits for construction, reconstruction, technical re-equipment of production facilities, production and introduction of new equipment, introduction of new technologies;

– issue conclusions on the possibility of commissioning new or reconstructed production facilities;

- attract to administrative responsibility in the manner established by the legislation of the Russian Federation, persons guilty of violating laws and other regulatory legal acts containing labor law norms, if necessary, invite them to the labor inspection body in connection with cases and materials in progress, and also send materials to law enforcement agencies on the involvement of these persons in criminal liability, bring claims to court;

– act as experts in court on claims for violation of laws and other regulatory legal acts containing labor law norms, for compensation for harm caused to the health of workers at work.

In the event of an appeal by a trade union body, an employee or another person to the state labor inspectorate on an issue that is being considered by the relevant body for consideration of an individual or collective labor dispute (except for claims accepted for consideration by the court, or issues on which there is a court decision), state inspector Labor, upon identifying a violation of labor legislation or another regulatory legal act containing labor law norms, has the right to issue an order to the employer that is subject to mandatory execution. This order may be appealed by the employer in court within ten days from the date of its receipt by the employer or his representative.

Types of liability for violation of labor legislation and other regulatory legal acts containing labor law norms are given in Art. 419 Labor Code of the Russian Federation. According to it, persons guilty of violating these legal acts are brought to disciplinary liability in the manner established by the Labor Code of the Russian Federation, other federal laws, and are also brought to civil, administrative and criminal liability in the manner established by federal laws.

a) remark;

b) reprimand;

c) dismissal for appropriate reasons

Federal laws, charters and regulations on discipline for certain categories of workers may also provide for other disciplinary action. Let us note that in this case we are not talking about the charters of organizations, but about those charters that are approved by the Government of the Russian Federation for employees of organizations in certain sectors of the national economy, for example, railway transport.

2.1. According to Article 5.27 of the Code of Administrative Offenses of the Russian Federation, violation of labor and labor protection legislation entails the imposition of administrative fine for officials in the amount from 5 to 50 minimum sizes wages.

Violation of labor and labor protection legislation by a person previously subjected to administrative punishment for a similar administrative offense, entails disqualification for a period of one to three years. The disqualification procedure is set out in Article 3.11 of the Code of Administrative Offenses of the Russian Federation.

These rules have been transformed by the Labor Code of the Russian Federation into the responsibilities of an employee in the field of labor protection. According to Article 214 of the Labor Code of the Russian Federation, the employee is obliged to:

– comply with labor protection requirements established by laws and other regulatory legal acts, as well as rules and instructions on labor protection;

– correctly use personal and collective protective equipment (Article 221 of the Labor Code of the Russian Federation);

– undergo training in safe methods and techniques for performing work on labor protection, providing first aid in case of accidents at work, instruction in labor protection, on-the-job training, testing of knowledge of labor protection requirements (Article 225 of the Labor Code of the Russian Federation);

– immediately notify your immediate or superior manager about any situation that threatens the life and health of people, about every accident that occurs at work, or about a deterioration in your health, including the manifestation of signs of an acute occupational disease (poisoning);

– undergo mandatory preliminary (upon employment) and periodic (during employment) medical examinations (examinations) (Article 213 of the Labor Code of the Russian Federation).

Whether or not an employee fulfills the duties assigned to him by Article 214 of the Labor Code of the Russian Federation depends not only on him alone: the employer must create the conditions necessary for the employee for this.

2. Based on the provisions of Article 57 “Content of an Employment Contract” of the Labor Code of the Russian Federation, it is advisable for the employment contract to provide for the employee’s obligation to comply with the labor protection rules in force in the organization, including the internal labor regulations. Compliance with an employment contract is mandatory for its parties.

It would not be superfluous to inform the employee that in certain cases he may be held liable for other types of liability in accordance with Article 419 of the Labor Code of the Russian Federation.

4. In order for the employee to be able to actually comply with his obligations in the field of labor protection, the administration, for its part, is obliged, among other things, to respect his rights to work that meets safety and hygiene requirements (Article 219 of the Labor Code of the Russian Federation).

The employee needs to know his rights in order to, if necessary, demand that the employer comply with them. Knowledge of the rights will allow the employee to justify and formulate his demands, proving that they are based on the provisions of the Labor Code of the Russian Federation and other legal acts. According to Article 212 of the Labor Code of the Russian Federation, the employer is obliged to ensure that employees are familiar with labor protection requirements.

5. In order for all employees to know the extent of their responsibility for violating labor safety rules, it is advisable for the organization to approve in the prescribed manner (Article 8 of the Labor Code of the Russian Federation) a special local regulatory act defining such responsibility.

When developing a local regulatory act regulating the responsibility of personnel for violation of labor protection rules, one should be guided by: the Labor Code of the Russian Federation, the Federal Law “On the Fundamentals of Occupational Safety and Health in the Russian Federation”, the Criminal Law Code of the Russian Federation, Code of the Russian Federation on administrative offenses, the Civil Code of the Russian Federation, charters and regulations on discipline, approved in accordance with Article 189 of the Labor Code of the Russian Federation.

Chapter 3. Organization of labor protection

3.1 State management of labor protection

The distribution of powers in the field of labor protection between federal executive authorities is carried out by the Government of the Russian Federation.

State management of labor protection in the territories of the constituent entities of the Russian Federation is carried out by federal executive authorities and executive authorities of the constituent entities of the Russian Federation in the field of labor protection within the limits of their powers.

Authority executive bodies state authorities for the management of labor protection are regulated by Articles 5 and 6 of the Fundamentals, and local governments - by their Article 7.

The powers of federal government bodies are included in the law: legal support and organization on this basis of a unified state policy in the field of labor protection.

This is achieved, firstly, by developing and communicating to the relevant executive bodies laws and regulations, the application of which ensures compliance with the requirements of state policy in the field of labor protection by lower state and municipal authorities, organizations and institutions specialized in labor protection, directly by enterprises and organizations.

Secondly, the implementation of a unified state policy in the field of labor protection is achieved by ensuring the interaction of the above bodies with each other, as well as with trade unions and other representative bodies of workers.

Thirdly, the implementation of a unified state policy in the field of labor protection is ensured by financial resources from the federal budget.

When determining the powers of state authorities of the constituent entities of the Russian Federation in the field of labor protection, it is also necessary to be guided by the provisions of the above-mentioned Article 6 of the Labor Code of the Russian Federation.

a) federal executive authorities in the field of labor protection;

b) by the Council of Administration of the constituent entities of the Russian Federation directly or on its instructions by the executive body of the constituent entities of the Russian Federation in charge of labor protection issues.

The implementation of the main directions of state policy in the field of labor protection is ensured by the coordinated actions of federal executive authorities, executive authorities of constituent entities of the Russian Federation and local governments, employers, associations of employers, as well as trade unions, their associations and other representative bodies authorized by employees.

In order to organize coordinated actions to implement state policy in the field of labor protection on the territory of the constituent entities of the Russian Federation, interdepartmental coordination councils on labor protection (hereinafter referred to as the council) are created.

The Council operates on the basis of the legislation of the Russian Federation, the Laws of the constituent entities of the Russian Federation “On Labor Protection” and the Regulations on the Council.

The main tasks of the council are:

– determination of priority directions for the implementation of state policy in the field of labor protection in the territories of the constituent entities of the Russian Federation;

– assistance in coordinating the activities of state authorities of the constituent entities of the Russian Federation, state supervision and control bodies over compliance with labor protection requirements, local governments, employers, associations of employers, trade unions, their associations, as well as research and public organizations on the implementation of state policy in areas of labor protection;

– consideration and preparation of proposals for draft laws and other regulatory legal acts of constituent entities of the Russian Federation in the field of labor protection;

– hearing and discussion of analytical information both on the state of labor protection in the territories of the constituent entities of the Russian Federation as a whole, and on individual problems of ensuring the safety of life and health of workers in the process of work;

– consideration of organizational issues and proposals of associations of trade unions and employers on labor protection issues;

– assistance in increasing the efficiency of the regional labor protection management system.

In accordance with Article 7 of the Fundamentals, local government bodies ensure the implementation of the main directions of state policy in the field of labor protection within the limits of their powers, as well as the powers delegated to them by the authorities of the constituent entities of the Russian Federation in the prescribed manner.

In accordance with the Federal Law of the Russian Federation of August 28, 1995. "About general principles local self-government" subjects of the Russian Federation adopt laws on local self-government, based on the provisions of the specified federal law. These regional laws determine the powers of local governments in the field of labor protection. At the same time, constituent entities of the Russian Federation have the right to vest local government bodies with additional powers in the field of labor protection, guided by the provisions of Article 6 of the Law.

According to Article 217 of the Labor Code of the Russian Federation, in order to ensure compliance with labor protection requirements and monitor their implementation, in each organization carrying out production activities with more than 100 employees, an occupational safety service is created or the position of an occupational safety specialist with appropriate training or work experience is introduced in this area.

3.2 Organization and functions of labor protection services at the enterprise

In an organization with 100 employees or less, the decision to create an occupational safety service or introduce the position of an occupational safety specialist is made by the employer, taking into account the specifics of the organization’s activities.

If there is no occupational safety service (occupational safety specialist) in the organization, the employer enters into an agreement with specialists or organizations providing services in the field of occupational safety.

The structure of the occupational safety service in the organization and the number of workers in the occupational safety service are determined by the employer, taking into account the recommendations federal body executive power, which carries out the functions of legal regulation in the sphere of labor.

The Ministry of Labor of the Russian Federation, by its resolution of February 8, 2000. No. 14 “On approval of Recommendations for organizing the work of the labor protection service in an organization” approved the Recommendations of the same name. They were developed in accordance with Article 12 of the Federal Law “On the Fundamentals of Occupational Safety and Health in the Russian Federation” in order to assist employers in organizing the work of the occupational safety and health service.

As a rule, persons with a qualification as a labor protection engineer or specialists with a higher professional (technical) education without requirements for work experience or secondary vocational (technical) education and work experience as a category I technician are appointed to the position of occupational safety specialist. at least 3 years or in other positions filled by specialists with secondary vocational (technical) education, at least 5 years. All categories of these persons must undergo special training in labor protection.

Control over the activities of the Service is carried out by the head of the organization, the labor protection service of a higher organization (if there is one), the executive authority of the relevant constituent entity of the Russian Federation in the field of labor protection and state supervision and control bodies over compliance with labor protection requirements. The head of the organization is responsible for the activities of the Service.

According to Article 217 of the Labor Code of the Russian Federation, which is reflected in the recommendations of the Ministry of Labor of the Russian Federation of February 8, 2000, a labor protection service is created in organizations carrying out production activities. Thus, Article 217 of the Labor Code of the Russian Federation does not oblige heads of organizations that do not carry out production activities to create labor protection services. The heads of such organizations decide for themselves whether or not to create such a service.

As follows from the text of Article 217 of the Labor Code of the Russian Federation, heads of production organizations with more than 100 employees must create an occupational safety service or introduce the position of an occupational safety specialist with appropriate training or experience in the field of occupational safety.

In an organization with 100 or fewer employees, the employer independently decides whether to create such a service or introduce the position of an occupational safety specialist. If the service is not created and the position of occupational safety specialist is not introduced, the employer must enter into an agreement with specialists or with an organization (organizations) providing services in the field of occupational safety.

At the same time, the headcount standards specify the areas of activity of occupational safety and health workers:

– occupational safety management;

– organization of work to prevent industrial injuries, occupational and work-related diseases;

– organization of work to carry out certification of workplaces for compliance with their requirements for conditions and labor protection;

– organization of propaganda on labor protection;

– conducting introductory training;

– organization of briefings, training, testing of knowledge of labor protection requirements for workers;

– planning occupational safety measures, drawing up statistical reporting in established forms, maintaining documentation on occupational safety;

– operational control the state of labor protection in the organization and its structural divisions;

– control over compliance with laws and other regulatory legal acts on labor protection;

– participation in the reconstruction of production and organization of events aimed at improving the working conditions of the organization’s employees;

– investigation and recording of industrial accidents.

It is impossible to ignore the fact that the Recommendations define the areas of joint work of the labor protection service with the trade union committee;

– the service carries out its activities in cooperation, including, with authorized (trusted) persons for labor protection of trade unions;

– service employees in their activities are guided, inter alia, by agreements (general, regional, sectoral), collective agreement, labor protection agreement, local regulations containing labor law norms adopted by the employer.

In connection with the above, we note that the purpose of the work of the labor protection service is determined by the interests of workers. Therefore, the trade union committee is interested in its successful activities, which it can really contribute to. Based on this, it is advisable to write in the Regulations on the service that it carries out its activities, including in cooperation with the elected trade union body of the organization. The forms of such interaction are determined by the service and the trade union committee in the course of joint work, based on its specific areas. It is also desirable that the trade union committee take part in planning the work of the service.

The Civil Code of the Russian Federation does not define the concept of “organizational and legal form”, but provides a list of legal entities with various organizational and legal forms: business societies, production cooperatives, state and municipal unitary enterprises etc.

It is unlikely that one or another organizational and legal form of an economic entity will somehow influence the regulations on the labor protection service. Labor legislation applies equally to employers and employees, regardless of what legal form the employer has. If the latter somehow affects the content of the Regulations on the Occupational Safety and Health Service, then this should have been commented on in the text of the Recommendations.

The inaccuracy that has crept into the text should not be dramatized. Another thing is important: each organization carrying out production activities, in which a labor protection service has been created (is being created), must develop and approve the corresponding Regulations.

As noted above, the Russian Ministry of Labor, by its resolution of February 8, 2000. No. 14 “On approval of Recommendations for organizing the work of the labor protection service in an organization” approved the Recommendations of the same name, which define general view tasks facing the labor protection service, and recommendations are given on its creation and organization of work. The areas of work of the service are detailed in the “Inter-industry standards for the number of workers in the labor protection service in organizations”, approved by the resolution of the Ministry of Labor of Russia dated January 22, 2001. No. 10. It also provides standards for the number of service specialists depending on the total number of workers, as well as workers engaged in heavy work and work associated with hazardous working conditions.

In our opinion, the main thing in the resolution of the Russian Ministry of Labor of January 22, 2001. not the standards themselves for the number of occupational safety service specialists. They are very conditional and require significant adjustments. The value of this resolution lies in the fact that, firstly, it sets out in detail the content of the work of the labor protection service and its functions. Secondly, the content of this work is distributed according to areas, which opens up the opportunity to reasonably determine the structure of the service - what functional units it consists of. This, in turn, makes it possible to select appropriate specialists for each division of the service, determine their composition and, finally, their number, taking into account the Interindustry standards for the number of occupational safety service specialists.

So, it is no secret that the main figure in all labor relations is the employer. The state of labor protection in the organization depends on it. Therefore, the legislation places the responsibility for ensuring safe conditions and labor protection entirely on the employer.

Labor protection in accordance with labor legislation is a system for preserving the life and health of workers in the process of work and includes legal, socio-economic, organizational and technical, sanitary and hygienic, treatment and preventive, rehabilitation and other measures.

Issues of labor protection are currently regulated by the Labor Code of the Russian Federation and the Federal Law of July 17, 1999 No. 181-FZ “On the fundamentals of labor protection in the Russian Federation.” The main provisions of this law are duplicated in the Labor Code of the Russian Federation. In addition, there are quite a few large number regulatory legal acts regulating in more detail certain issues related to labor protection (certification of workplaces, requirements for hazardous and hazardous industries, etc.). Our country also has a system of state regulatory requirements for labor protection. They establish rules, procedures and criteria aimed at preserving the life and health of workers during their work activities.

However, merely establishing the requirements that workers and employers must comply with regarding labor protection would not achieve its goal if appropriate measures of liability for non-compliance were not provided. Currently, liability for violation of labor protection requirements is provided for in Article 5.27 of the Code of Administrative Offenses of the Russian Federation and Article 143 of the Criminal Code of the Russian Federation.

One of the main methods of regulating labor and directly related to labor relations is a combination of centralized and local methods. Moreover, at the centralized level, a minimum social standard is fixed, which cannot be lowered at other levels under any circumstances. One of the elements of such a standard includes state guarantees to ensure healthy and safe working conditions for every worker.

- the creation of safety organizations at factories, whose competence would include measures to investigate each accident that occurred at this plant, and consideration of the methods that should be adopted to prevent their recurrence; systematic supervision of machinery, machinery and equipment to ensure safety, and in particular to ensure that all guards and other protective devices are maintained in proper order and condition; explaining to new, and especially young, workers the possible dangers in the operation of machinery or equipment associated with their work; organizing first aid and transportation of injured workers; encouraging proposals made by workers in order to improve labor safety;

- that the State shall arrange for the preparation of monographs on the causes of accidents and their prevention in certain branches of industry or certain processes, these monographs being prepared by the State Inspection Service or other competent authorities and summarizing the experience gained regarding the best measures for the prevention of accidents in the given industry; or in this process, were printed by the state for the information of entrepreneurs, engineering and technical workers of factories and workers of this industry, as well as organizations of entrepreneurs and workers.

– the state has taken measures to include in training programs primary schools lessons aimed at instilling caution skills, and in the curriculum of secondary schools - lessons on accident prevention and first aid. In vocational schools at all levels, training should be given in the prevention of industrial accidents and the importance of this subject should be instilled in students from both an economic and moral point of view.

– measures must be in place to ensure that all establishments have essential first aid materials ready for use and that first aid is provided by suitably trained persons. It is also advisable to take steps to ensure that in the event of serious accidents, medical assistance can be provided as quickly as possible. Arrangements should also be made to provide ambulances to quickly transport injured persons to hospital or home.

Contents of Art. 4 of the Law “On the Fundamentals of Labor Safety” indicates that in the formation of legislation on labor protection; development of federal target, sectoral target and territorial target programs for improving labor conditions and safety; in managing labor protection and supervising and monitoring compliance with labor protection legislation; in ensuring the functioning of a unified information system labor protection; in protecting the legitimate interests of workers affected by accidents and occupational diseases, as well as members of their families and in implementing other areas of state policy in the field of labor protection vital role belongs to government agencies.

At the same time, the article emphasizes that the implementation of the main directions of state policy in the field of labor protection should be ensured through the implementation of coordinated actions of state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local governments, employers, associations of employers, as well as trade unions, their associations and other representative bodies authorized by employees on labor protection issues.

We should agree with the opinion of E.V. Chuprova. that strict control over compliance with favorable working conditions, the inevitability of managers’ responsibility for every violation related to safety and industrial sanitation, financial targeted support for employers and their interest in improving working conditions are the main directions for improving legislation in the field of protecting the labor rights of workers. And the first steps in this direction are already being taken.

Establishment also plays an important role judicial protection workers' rights. The court, while protecting the right to work in conditions that meet labor protection requirements, is endowed with broad powers to apply enforcement measures to violators of labor protection legislation. In addition to attracting legal liability, such measures include the right of the court to suspend the violating activities of the violator, and the right of the court to liquidate the violating organization.

List of used literature

Regulatory acts:

1. The Constitution of the Russian Federation was adopted by popular vote on December 12, 1993

2. International Covenant “On Economic, Social and Cultural Rights” of December 16, 1966

3. Recommendation No. 31 of the International Labor Organization “On the prevention of accidents at work” (Adopted in Geneva on June 21, 1929 at the 12th session of the ILO General Conference) // Conventions and recommendations adopted by the International Labor Conference. 1919 – 1956. – T. I. – Geneva: International Labor Office, 1991. – P. 171 – 177.

4. Labor Code Russian Federation dated December 30, 2001 No. 197-FZ

6. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ

7. Civil code Russian Federation (part one) dated November 30, 1994 No. 51-FZ

8. Civil Code of the Russian Federation (part two) dated January 26, 1996 No. 14-FZ

9. Federal Law “On the Fundamentals of Occupational Safety and Health in the Russian Federation” dated July 17, 1999 No. 181-FZ

10. Federal Law “On compulsory social insurance against accidents at work and occupational diseases” dated July 24, 1998 No. 125-FZ

11. Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” dated August 28, 1995 No. 154-FZ

12. Decree of the Government of the Russian Federation “On the procedure for organizing and operating federal state institutions of medical and social examination” dated December 16, 2004 No. 805

13. Decree of the Government of the Russian Federation “On the forms of documents required for the investigation and recording of industrial accidents, and on the features of the investigation of industrial accidents” dated August 31, 2002 No. 653

14. Decree of the Government of the Russian Federation “On approval of the Regulations on the investigation and recording of occupational diseases” dated December 15, 2000 No. 967

15. Decree of the Government of the Russian Federation “On approval of the Rules for establishing the degree of loss of professional ability to work as a result of industrial accidents and occupational diseases” dated October 16, 2000 No. 789

16. Decree of the Government of the Russian Federation “On regulatory legal acts containing state regulatory requirements for labor protection” dated May 23, 2000 No. 399

17. Resolution of the Ministry of Labor of the Russian Federation “On approval of the forms of documents necessary for the investigation and recording of industrial accidents, and provisions on the peculiarities of the investigation of industrial accidents in certain industries and organizations” dated October 24, 2002 No. 73

18. Resolution of the Ministry of Labor of the Russian Federation “On approval of inter-industry standards for the number of workers in the labor protection service in organizations” dated January 22, 2001 No. 10

19. Resolution of the Ministry of Labor of the Russian Federation “On approval of recommendations for organizing the work of the labor protection service in an organization” dated 02/08/2000 No. 14

20. Order of the Ministry of Health and Social Development of the Russian Federation “On determining the severity of health damage in industrial accidents” dated February 24, 2005 No. 160

21. Order of the Ministry of Health of the Russian Federation “On improving the system of investigation and recording of occupational diseases in the Russian Federation” dated May 28, 2001 No. 176

22. Order of the Ministry of Health and Medical Industry of the Russian Federation “On the procedure for conducting preliminary and periodic medical examinations of workers and medical regulations for admission to the profession” dated March 14, 1996 No. 90

Special literature:

23. Anisimov L.N. Employment contract: conclusion, amendment and termination. Practical recommendations. – M., JSC Justitsinform, 2005.

24. Bratchikova N.V. Commentary on the law on compulsory social insurance against accidents at work and occupational diseases. – M., Legal House “Justitsinform”, 2001.

25. Guev A.N. Article-by-article commentary to the Labor Code of the Russian Federation. – M.: Delo, 2003.

26. Gusov K.N., Tolkunova V.N. Labor law of Russia. Textbook. 2nd ed. – M.: Yurist, 1999.

27. Ignatyuk N.A., Sheptulina N.N. On state management of labor protection // Journal Russian law. – 2003. – № 5.

28. Commentary on the Labor Code of the Russian Federation (article-by-article) / Rep. ed. A.M. Kurennoy, S.P. Mavrin, E.B. Khokhlov. – M., Yurist, 2005.

29. Commentary on the Labor Code of the Russian Federation / Ed. K.N. Gusova. – M.: TK Velby LLC, Prospekt Publishing House LLC, 2003.

30. Commentary on the Labor Code of the Russian Federation / Ed. Yu.P. Orlovsky. – M., INFRA-M, 2004.

31. Korshunov E.N. Commentary on the legislation of the Russian Federation on labor protection. – M., Legal Culture Foundation, 2000.

32. Korshunov Yu.N. Labor protection in the Russian Federation. Trade Union Research Center. – M., 2003.

33. Korshunov Yu.N. New changes and additions to the Regulations on the investigation and recording of accidents at work // Citizen and Law. – 2000. – No. 4.

34. Kurennoy A.M. Legal regulation of labor protection // Legislation. – 2001. – No. 7.

35. Kukharenko A.Yu. Legal aspects of public administration in the field of labor protection at the present stage: Author's abstract. : diss. Ph.D. legal Sci. – M., 2001.

36. Lushnikov A.M., Lushnikova M.V. Labor law course: In 2 volumes - M., 2003.

37. Molodtsov M.V., Golovina S.Yu. Labor law of Russia: Textbook for universities. – M.: Publishing house NORMA, 2003.

38. Plykina O. Questions and answers // Lawyer. – 2005. – No. 8.

39. Russian labor law / Ed. A.D. Zaikina. – M., 1998.

40. Selivanova N. When trouble knocks on the door // Personnel Affairs. – 2004. – No. 1.

41. Selivanova N. The investigation is being conducted by experts // Personnel Affairs. – 2004. – No. 3.

42. Sitnikova E. Educational program on labor protection // Personnel Affairs. – 2003. – No. 2.

43. Smirnov O.S. Labor law. Textbook. 4th edition. – M., “Prospekt”, 2003.

44. Smyk O. Violation of labor protection rules // EZH-LAWYER. – 2004. – No. 27.

45. Solovyov A., Frolov O. Principles of labor protection management // Labor protection and social insurance. – 2000. – No. 4 – 5.

46. Tikhomirov M.Yu. Dismissal from work: educational and practical guide. Second edition, expanded and revised. – M.: Publishing house. Tikhomirova M.Yu., 2004.

47. Chuprova E.V. Mechanism for protecting the rights of victims at work and members of their families in the current legislation // Advocate. – 2005. – No. 3.

48. Sheptulina N.N. Commentary on the Federal Law “On the Fundamentals of Occupational Safety and Health in the Russian Federation” (article-by-article). – M., Legal House “Justitsinform”, 2004.

Judicial practice:

49. On the Federal Law “On compulsory social insurance against accidents at work and occupational diseases.” Letter of the Supreme Arbitration Court of the Russian Federation No. S5-7/UZ-645 dated 08/18/1998

Constitution of the Russian Federation (as amended on October 14, 2005) // RG dated December 25, 1993, No. 237, SZ RF dated October 17, 2005, No. 42, art. 4212.

International Covenant “On Economic, Social and Cultural Rights” of December 16, 1966 // Bulletin Supreme Court RF. – 1994. – No. 12.

Federal Law “On the Fundamentals of Labor Safety in the Russian Federation” dated July 17, 1999 No. 181-FZ (as amended on May 9, 2005) // SZ RF dated July 19, 1999, No. 29, Art. 3702, SZ RF dated 05/09/2005, No. 19, art. 1752.

Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ (as amended on May 9, 2005) // Labor Code of the Russian Federation dated January 7, 2002, No. 1 (Part 1), Art. 3, SZ RF dated 05/09/2005, No. 19, art. 1752.

Legal regulation of labor protection

Introduction

Chapter 1. State policy and requirements in the field of labor protection

1.1 Labor protection legislation

1.2 Regulatory and normative-technical documentation

Chapter 2. Responsibilities and rights of the parties to the employment contract to ensure safe conditions and labor protection

2.1 Rights and obligations of the employer in organizing labor protection

2.2 Rights and obligations of labor protection workers

2.3 Responsibility for violation of labor protection requirements

Chapter 3. Organization of labor protection

3.1 State management of labor protection

3.2 Organization and functions of labor protection services at the enterprise

Conclusion

List of used literature

Introduction

In recent years, as a result of the adoption of a number of federal laws and other regulatory legal acts on labor protection (or directly related to labor protection), a legal framework for labor protection of employees of organizations has been formed in the country. This includes defining the content of workers’ rights to work that meets safety and hygiene requirements, as well as the scope of responsibilities of employers.

To achieve this goal, it is necessary to solve the following tasks:

identify trends in the development of labor protection standards;

determine the content and features of labor protection and legal regulation of legal relations arising as a result of accidents at work as a legal institution;

analyze the legislation of the Russian Federation in the field of labor protection and legal regulation of legal relations arising as a result of industrial accidents, judicial and administrative practice;

The object of this work is labor protection and regulation of legal relations arising as a result of industrial accidents as theoretical categories and as a legal phenomenon of social reality.

The regulatory framework consisted of: the Constitution of the Russian Federation, federal legislation affecting labor protection issues, laws of the constituent entities of the Russian Federation, provisions of international treaties. Judicial practice is represented by decisions of federal courts.

Chapter 1. State policy and requirements in the field of labor protection

1.1 Labor protection legislation

When preparing the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation 4), Articles 1, 3, 4, 8, 9, 11, 12, 13, 14, 15, 16, 17 were included in its section X “Labor Safety” practically unchanged , 18, 19 Fundamentals, which formed a significant part of the legal norms of the Labor Code of the Russian Federation in the field of labor protection, set out respectively in its articles 209, 211, 210, 219, 220, 216, 217, 218, 212, 214, 215, 221, 225 , 226.

At the same time, specific requirements for compliance with labor protection are regulated by various kinds of regulations - GOSTs, sanitary and construction rules, and other regulations approved by authorized government bodies.

For the purposes of labor protection legislation, the following basic concepts are used (Article 209 of the Labor Code of the Russian Federation):

– working conditions – a set of factors in the working environment and the labor process that affect the performance and health of the employee;

– harmful production factor - a production factor, the impact of which on an employee can lead to illness;

– hazardous production factor – production factor, the impact of which on an employee can lead to injury;

– safe working conditions – working conditions under which exposure to harmful or dangerous production factors on workers is excluded or their exposure levels do not exceed established standards;

– workplace – a place where an employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer;

– production activity – a set of human actions using tools necessary to transform resources into finished products, including the production and processing of various types of raw materials, construction, and the provision of various types of services.

The main directions of state policy regarding directly the labor protection of workers are:

– state supervision and control over compliance with labor protection requirements;

– investigation and recording of industrial accidents and occupational diseases;

– training and advanced training of labor protection specialists;

– establishing a procedure for providing workers with personal and collective protective equipment, as well as sanitary facilities and devices, medical and preventive means at the expense of employers. 6Legal regulation payment labor public sector workers Abstract >> State and law

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Standards of legal regulation of labor protection in the Russian Federation. Course work: Legal regulation of labor protection. Characteristics of the state of labor conditions and safety in the Russian Federation

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INTRODUCTION

1. GENERAL OCCUPATIONAL SAFETY PROVISIONS

1.1 Concept and meaning of labor protection

State activities in the field of labor protection, which is designed to create a system of measures to preserve the life and health of workers in the process of work, should proceed in the following areas:

1) ensuring priority preservation of the life and health of workers;

2) adoption and implementation of regulatory legal acts of the Russian Federation and its constituent entities on labor protection, as well as federal and regional target programs for improving working conditions and labor protection;

3) prevention of accidents and damage to the health of workers;

4) state management of labor protection;

5) state supervision over compliance with labor protection requirements;

6) state examination of working conditions;

7) investigation and recording of industrial accidents and occupational diseases;

8) protection of the legitimate interests of workers affected by industrial accidents and occupational diseases, as well as members of their families on the basis of compulsory social insurance of workers against industrial accidents and occupational diseases;

9) establishing compensation for work with harmful and (or) dangerous working conditions that cannot be eliminated at the current technical level of production and labor organization;

10) coordination of activities in the field of labor protection, environmental protection and other types of economic and social activities;

11) dissemination of advanced domestic and foreign experience in improving working conditions and safety;

12) state participation in financing labor protection measures;

13) training and advanced training of labor protection specialists;

14) organization of state statistical reporting on working conditions, as well as on industrial injuries, and their material consequences;

15) ensuring the functioning of a unified information system, labor protection;

16) international cooperation in the field of labor protection;

17) carrying out an effective tax policy that stimulates the creation of safe working conditions, the development and implementation of new equipment and technologies that ensure labor safety, and the production of personal and collective protective equipment for workers;

18) establishing a procedure for providing workers with personal and collective protective equipment, as well as sanitary facilities and devices, medical and preventive means at the expense of employers.

1.2 Legal regulation of labor protection

2. IMPLEMENTATION OF WORKERS' RIGHT TO OCCUPATIONAL SAFETY

2.1 Requirements and organization of labor protection

According to Part 1 of Article 219 of the Labor Code of the Russian Federation, every employee has the right to:

- a workplace that meets labor protection requirements.

During the suspension of work through no fault of the employee, he retains his place of work (position) and average earnings, other rights provided for by labor legislation and other acts containing labor law norms;

- compulsory social insurance against industrial accidents and occupational diseases in accordance with federal law.

In accordance with Law No. 125-FZ, compulsory social insurance against industrial accidents and occupational diseases, being a type of social insurance, Article 1 provides for:

“ensuring social protection of the insured and economic interest of insurance entities in reducing professional risk;

- ensuring preventive measures to reduce industrial injuries and occupational diseases;

The working conditions provided for in the employment contract must comply with labor protection requirements. The presence of harmful and (or) dangerous working conditions must be specified in the contract.

- refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for by federal laws, until such danger is eliminated.

If an employee refuses to perform work in the event of a danger to his life and health, with the exception of cases provided for by federal laws, the employer is obliged to provide the employee with another job while this danger is eliminated.

If providing another job for objective reasons is impossible, the employee’s downtime until the danger to his life and health is eliminated is paid by the employer in accordance with current legislation;

- provision of personal and collective protective equipment in accordance with labor protection requirements at the expense of the employer.

- training in safe labor methods and techniques at the expense of the employer.

This regulation is designed to provide preventive measures to reduce industrial injuries and occupational diseases and establishes general provisions for mandatory training in labor protection and testing of knowledge of labor protection requirements for all workers.

2.2 Securityrightsworkersonsecuritylabor

CONCLUSION

BIBLIOGRAPHICAL LIST

1. The Constitution of the Russian Federation, adopted by popular vote on December 12, 1993 (as amended on December 30, 2008) // Russian newspaper dated December 25, 1993

2. Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ (as amended on December 31, 2008) // SZ RF, 01/07/2002, No. 1 (Part 1), Art. 3.

3. Civil Procedure Code of the Russian Federation of November 14, 2002 No. 138-FZ (as amended on April 5, 2009) // SZ RF, November 18, 2002, No. 46, Art. 4532.

5. Beimler P.Yu. Labor protection in constitutional law // Legal sciences. No. 4 (26), 2007, p. 47.

6. Vlasov V.I., Krapivin O.M. Labor protection: issues of legal regulation. - M.: Os-89, 2006, p.304.

7. Emelyanova N.V. Current issues legal regulation of labor protection // Sport: economics, law, management. No. 1, 2007, p. 39.

8. Zhdankin N.A. Labor protection as the most important element of the competitiveness of an enterprise // Labor Law. No. 2, 2006 p. 103.

9. Krasnykh G.I. Occupational safety and health in the Russian Federation: concept, main features and content // Anthology of scientific thought: To the 10th anniversary Russian Academy justice. Collection of articles. - M.: Statute Publishing House, 2008, p.252.

10. Khramenok A.G. New requirements for the organization of labor protection // Labor disputes. No. 1, 2007, p. 44.

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