Legal encyclopedia. The letter O

OCCUPATIONAL SAFETY AND HEALTH

(In a broad sense) is a system of measures ensuring the preservation of the life and health of workers in the course of their work, including legal, socio-economic, organizational and technical, sanitary-hygienic, therapeutic and preventive, rehabilitation measures.

In the narrow sense, the concept of HT is regarded as one of the principles of labor law, a legal institution that ensures the subjective right of each employee to work conditions that meet the requirements of safety and hygiene in a specific employment relationship.

O. T. - Institute of Labor Law, a set of legal norms aimed at providing working conditions, safety of life and health of employees, mandatory for execution by employers regardless of the forms of ownership and their officials.

The Constitution of the Russian Federation establishes a principle,

According to which everyone has the right to work in conditions that meet the requirements of safety and hygiene.

The main normative acts governing OT are: the Fundamentals of legislation on the protection of public health, the Labor Code of the RF, the Federal Law "On the Fundamentals of Labor Protection in the Russian Federation," and other regulatory legal acts.

At present, there are unified industry and intersectoral rules on occupational safety and occupational health, which are standardized and developed by the federal and industrial systems of labor safety standards.

The content of the right to OT includes the right of the employee to:

1) a workplace that meets the requirements of O.T .;

2) compulsory social insurance against accidents at work and occupational diseases;

3) refusal to perform work in the event of a danger to his life and health due to violation of the requirements of O.T .;

4) providing means of individual and collective protection at the expense of the employer;

5) training in safe labor methods at the expense of the employer;

6) professional retraining at the expense of the employer in case of liquidation of the workplace due to violation of the requirements of O.T .;

7) appeal to the state authorities and local self-government bodies, to the employer, to trade unions on O.T.

8) personal participation or participation through their representatives in the consideration of issues related to the provision of safe working conditions at his workplace and in the investigation of an industrial accident or occupational disease that has occurred with him;

9) an extraordinary medical examination in accordance with medical recommendations, with the retention of the place of work and average earnings during the passage of this medical examination;

10) compensation established by law, collective agreement, agreement, employment contract, if the slave is engaged in heavy work and work with harmful and dangerous working conditions.

OT has a social, economic and

Legal significance: the social significance of O. T. - contributes to the health of employees from harmful and dangerous production factors; Economic significance - is realized in the growth of labor productivity, the rise of the economy, the increase in production; Legal value-will consist in the legal regulation of work on abilities, taking into account the burdens of working conditions, the physiological characteristics of the female body, the body of adolescents and the disability of the disabled.

OT's organization includes public administration, OT bodies, its planning and funding,

Preventive supervision and investigation of accidents at work, their prevention and accounting.

Public administration of the OT is carried out by the Government of the Russian Federation

Directly or on his instructions by the federal executive body for labor and other federal executive bodies. Distribution of powers in the field of T. between the federal bodies of executive power is exercised by the Government of the Russian Federation. OT State Administration in the Territories of RF Subjects

Is carried out by federal executive bodies and executive authorities of the subjects of the Russian Federation in the field of OT within their authority.

Management in the field of OT is expressed in the implementation of state policy in this area, the development of regulatory acts, in approving the requirements for the means of production, technology and labor organization that ensure healthy and safe working conditions for workers.

In order to ensure compliance with the requirements of the OT, the state controls their implementation in each organization that carries out production

Activity. With the number of more than one hundred workers, OT's service is being created, or the post of a specialist in OT has been introduced. To a post of specialist in IT, persons qualified as an engineer for OT are appointed, or specialists with a higher

Professional (technical) education without the requirement for work experience or secondary vocational (technical) education and work experience in the category I technician for at least three years or other, but not less than five years.

The head of the organization determines the structure and number of employees of the Service. This takes into account the number of employees, the nature of working conditions, the degree of danger of production, taking into account the Interdisciplinary standards for the number of employees in the service of OT in organizations.

In organizations, on the initiative of the employer and on the initiative of employees or their representative body, OT committees may be established. They comprise representatives of employers, trade unions or other representative body authorized by employees. The number of members of the committee is determined depending on the number of employees in the enterprise, the specifics of production, the structure and other features of the enterprise, by mutual agreement of the parties representing the interests of employers and the work collective.

Financing measures to improve conditions and O.T. is carried out at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets, extra-budgetary sources, at the expense of funds from fines levied for violation of labor legislation, voluntary contributions of the organization and individuals.