- •Lecture 4. Legal questions of a labour safety
- •1. Positions on a labour safety, written down in the Constitution of Ukraine
- •2. General provisions on a labour safety in the law of Ukraine "About a labour safety"
- •3. A guarantee of the rights of citizens on a labour safety
- •4 Organization of the rights of a labour safety on manufacture
- •4.3 About physical examinations
- •4.4 About training on a labour safety
- •4.6 Commission on a labour safety
- •8 State supervision and public control on a labour safety
- •8.2 Public control on a labour safety
- •9 Responsibility for infringement of the legislation on a labour safety
4.6 Commission on a labour safety
At each enterprise with quantity of workers 50 person and more, under the decision of labour collective, can be created the commission on a labour safety in structure of representatives of the owner, trade union, representatives of labour collective, experts on a labour safety and representatives of other services. The decision of the commission has recommendatory character.
The owner should inform working about a condition of a labour safety at the enterprise, on accidents, occupational diseases and preventive measures, and bodies of the state supervision should inform the population.
8 State supervision and public control on a labour safety
8.1 State supervision on a labour safety
Bodies of State supervision:
o Office of Public Prosecutor
o The State Committee of Ukraine on supervision of a labour safety.
o Sanitary-and-epidemiologic service of Ministry of Health
o The Ministry of protection of a surrounding environment and radiating safety.
o Bodies of fire supervision.
Of the inspector of State inspection have the right:
o Free to visit at any time jurisdictional enterprise,
o To receive at the owner any documents on a labour safety
o To direct to heads of the enterprises, duties for performance
o To stop operation of the enterprises, separate sites, or the equipment to elimination of infringements which create threats of a life or to health working
o To involve in the administrative responsibility of the workers guilty of infringement of a labour safety
o To direct to owners of representation about discrepancy of separate officials of a post
o To transfer materials in bodies of Office of Public Prosecutor for attraction to the criminal liability guilty of infringement of a labour safety
8.2 Public control on a labour safety
Public control on a labour safety labour collectives through elites or carry out representatives and trade unions. Representatives of labour collectives have the right to check free performance of requirements on a labour safety and to bear to owners of a duty for consideration of the offer on elimination of infringements. Trade unions have the right to check free a condition of a labour safety, performance of collective agreements and as to bring to owners and the state controls of representation on a labour safety and to receive from them the given reason answers.
9 Responsibility for infringement of the legislation on a labour safety
For infringement of positions on a labour safety and creation of obstacles in activity of bodies of the State supervision and representatives of trade unions guilty can be involved in following kinds of the responsibility:
o Disciplinary - imposing of collectings, even to discharge from a post.
o Administrative - imposing of penalties.
o Material - collecting from guilty the sums, paid to the victim in the form of grants or spent on repair of the equipment are in full or in part calculated.
o Through court especially large penalty with imprisonment till 12 years