Publication date: 08.07.2024
Legal regulation of labor protection in Ukraine
Introduction.
Occupational health and safety is an important aspect of labor relations aimed at ensuring the safety and health of employees in the workplace. In Ukraine, the legal regulation of occupational safety and health contributes to the creation of safe working conditions, prevention of occupational injuries and diseases, and protection of employees' rights. In this article, we will review the main regulations, principles and mechanisms of legal regulation of occupational health and safety in Ukraine.
Key regulatory acts
Legal regulation of occupational health and safety in Ukraine is based on a number of regulations, among which the key ones are:
The LaborCode of Ukraine (Labor Code). The Labor Code establishes the basic principles of legal regulation of labor relations, including occupational safety and health, rights and obligations of employees and employers, and the procedure for resolving labor disputes.
TheLaw of Ukraine "On Labor Protection". This law defines the legal, economic and social principles of labor protection in Ukraine, establishes the basic principles of state policy in the field of labor protection, as well as the rights and obligations of employees and employers to ensure safety and health in the workplace.
TheLaw of Ukraine "On Ensuring Sanitary and Epidemic Welfare of the Population". The Law regulates the issues of sanitary and epidemiological welfare, sets requirements for working conditions, hygiene and sanitation in the workplace.
TheLaw of Ukraine "On Compulsory State Social Insurance". This law defines the legal framework for compulsory state social insurance, including insurance against industrial accidents and occupational diseases.
Regulations of theState Labor Service of Ukraine (SLSU). The SLS issues regulations governing the technical and organizational aspects of occupational safety and health, and sets requirements for occupational safety and working conditions.
State regulatory authorities
The main state authorities responsible for regulating and supervising occupational health and safety in Ukraine are:
TheMinistry of Social Policy of Ukraine. The Ministry is responsible for formulating and implementing state policy in the field of occupational safety and health, developing regulations, and coordinating the activities of other state bodies in this area.
TheState Labor Service of Ukraine (SLSU). This is a central executive body that exercises state supervision over compliance with labor and occupational safety and health legislation, conducts inspections of working conditions, detects and investigates accidents at work, and develops regulations in the field of occupational safety and health.
Rights and obligations of employees and employers
The legal regulation of occupational safety and health establishes the rights and obligations of both employees and employers in ensuring safety and health in the workplace.
Employee rights
Theright to safe working conditions. Employees have the right to safe and healthy working conditions that meet the requirements of labor protection laws and regulations.
Theright to information. Employees have the right to receive information about working conditions, possible health and safety risks, protection measures and accident prevention.
Theright to refuse to perform hazardous work. Employees have the right to refuse to perform work if it poses a danger to their life or health, without negative consequences for their labor rights.
Theright to social insurance. Employees have the right to compulsory state social insurance against industrial accidents and occupational diseases.
Employees' responsibilities
Compliance withlabor protection requirements. Employees are obliged to comply with the requirements of labor protection laws and regulations, internal labor regulations and safety instructions.
Implementation of safety measures. Employees are obliged to use personal protective equipment, take care of their own safety and the safety of other employees, and notify the employer of dangerous situations in the workplace.
Employers' rights
Theright to control. Employers have the right to monitor employees' compliance with the requirements of labor protection laws and regulations, to conduct briefings and training on labor protection issues.
Theright to apply disciplinary measures. Employers have the right to impose disciplinary measures on employees in case of violation of occupational health and safety requirements.
Employers' obligations
Ensuring safe working conditions. Employers are obliged to create safe and healthy working conditions in the workplace, in accordance with the requirements of the legislation and regulations on labor protection.
Organization of training and briefings. Employers are obliged to organize training and briefings of employees on occupational safety and health, and to conduct periodic tests of knowledge on occupational safety and health.
Provision of personal protective equipment. Employers are obliged to provide employees with personal protective equipment in accordance with the established standards and requirements.
Investigation of accidents. Employers are obliged to investigate and record workplace accidents and take measures to prevent their recurrence.
State supervision and control
State supervision and control over compliance with labor protection legislation is carried out by the SLS. The main tasks of this body include:
Conducting inspections. The SLS conducts scheduled and unscheduled inspections of compliance with the requirements of labor protection legislation at enterprises, institutions and organizations.
Identification of violations. During inspections, the SLS identifies violations of labor protection requirements, draws up reports on violations and issues orders to eliminate them.
Investigation of accidents. The SLS investigates accidents at work, establishes the causes and circumstances of their occurrence, and takes measures to prevent their recurrence.
Application of sanctions. In the event of violations of labor protection requirements, the SLS has the right to impose administrative and other sanctions on employers, including fines, orders to eliminate violations, termination of operations, etc.
Social insurance against industrial accidents
One of the most important aspects of the legal regulation of occupational health and safety is social insurance against industrial accidents and occupational diseases. The Law of Ukraine "On Compulsory State Social Insurance" establishes the legal framework for this type of insurance. The main provisions of this law include:
Mandatoryinsurance. Employers are obliged to insure their employees against industrial accidents and occupational diseases.
Social Insurance Fund. Insurance is provided through the Social Insurance Fund, which accumulates employer contributions and pays insurance benefits to injured employees or their families.
Insurance payments. In the event of a workplace accident or occupational disease, injured employees or their families are entitled to receive insurance benefits, including one-time and monthly payments, compensation for medical treatment and rehabilitation costs.
Accidentprevention. The Social Insurance Fund takes measures to prevent accidents at work, including funding training programs, research, and the introduction of new technologies and equipment.
Training and instruction on occupational safety
One of the most important elements of ensuring the safety and health of employees is occupational health and safety training and instruction. Ukrainian legislation provides for mandatory occupational health and safety training and briefings for all employees. The main types of training and briefings include:
Inductiontraining. It is conducted for all newly hired employees before they start work. The induction briefing familiarizes employees with the basic rules and requirements of occupational safety and health, the specifics of work at the enterprise, possible hazards and protective measures.
Initial briefing at the workplace. It is conducted for all newly hired employees directly at the workplace. The initial briefing includes familiarization with specific working conditions, equipment, tools, personal protective equipment and safety rules.
Refreshertraining. It is conducted periodically for all employees to update their knowledge and skills in occupational safety and health, as well as to check compliance with safety requirements at the workplace.
Unscheduled briefing. It is conducted in the event of changes in the production process, introduction of new equipment or technologies, changes in labor protection legislation, as well as after accidents or detection of violations of labor protection requirements.
Targeted briefing. Conducted for employees before performing one-time work that is not required by their job description or before performing high-risk work.
Conclusion.
Legal regulation of occupational safety and health in Ukraine is an important tool for ensuring the safety and health of employees in the workplace. It includes the regulatory framework, activities of state regulatory and supervisory authorities, rights and obligations of employees and employers, social insurance mechanisms and occupational health and safety training. Effective legal regulation contributes to the creation of safe working conditions, prevention of occupational injuries and diseases, and protection of employees' rights.
So, it doesn't matter whether you need a lawyer's advice or a lawyer's advice. Legal marketplace "CONSULTANT" will help to solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
Our legal opinion and legal opinion of a lawyer, legal analysis with a lawyer online and legal advice will help you at any time! Order a document review by a lawyer and general legal analysis right now! And with the services of a lawyer's consultation and document analysis with a written consultation - you will get the whole range of necessary services!
