Chapter 1 Occupational safety and health legislation

1.1. Legislation of occupational safety

The occupational safety and health legislation is statute law. Statute law is developed through the process of Government and includes Acts and their supporting regulations, such as “Constitution of Ukraine”, “Occupational Safety and Health Law”, “Fire Safety Law”, “Nuclear Energy Use and Radiation Safety Law”, “Labor Code of Ukraine”.

Article 43 of Constitution of Ukraine states: “everyone has the right to earn for living at occupation he or she freely chooses, or agrees”. Everyone working has the right to rest (art. 45 of Constitution of Ukraine). This right guarantees days off every week, and also paid vocation every year, setting short work shift at specific occupancy and night hours. Employees have right for social protection what includes their ensuring in case of irreversible, reversible or temporary loss of ability to work, loss of holder, unemployment due to circumstances beyond their control, and also in old age and other stated in art. 46.

Occupational Safety Law is the fundamental law body of occupational safety and health legislation and enforceable in all enterprises, establishments and organizations irrespective to law of ownership and activity, all employees and workers, whose service is enlisted.

1.1.1. Occupational safety law

Occupational Safety Law of Ukraine grounds general principles to ensure the safety and health of employees at work, regulates employee and employer relation on the matter of safety, occupational hygiene and environment supported by responsible governmental organs.

Law provides high level of rights and guaranties to employees. Employee has the right to refuse work at unsafe workplace. Occupational safety extended guarantees of repayment for damage or injury. New financial management foresees health and life insurance, centralized planning. Occupational Safety Law and supporting Acts got high estimation by International Labor Organization.

Government retains regulation of occupation safety; it has positive effect controlling many private enterprises, companies etc. The central statement spells out the basic duty of an employer to provide a safe working environment, safe equipment, trained and competent personnel, and adequate instruction and supervision. It also spells out the duty of an employee to observe safety and health provisions and to act with due care for himself and others.

State Safety Management beliefs include the following principles:

• people are our most important asset;

• the majority of accidents and incidents are not caused by "careless workers", but failures in control (either within the organization or within the particular job), which are the responsibility of management;

• the preservation of human and physical resources is an important means of minimizing costs;

• safety and health is a management responsibility of equal importance to production and quality;

• control of safety and health is achieved through co-operative effort at all levels in the organization. Effective safety and health management is not "common sense" but based on a common understanding of risks and how to control them brought about through good management;

• competence in managing safety and health is an essential part of professional management;

• all accidents, ill health and incidents are preventable;

• safety and health; and quality, are two sides of the same coin.

These principles have practical implement by National Council of Occupational Safety of Cabinet of Ministers of Ukraine, State management of Occupational Safety, National Scientific Research Institute of Occupational Safety, Educational and Methodical Center of Occupational Safety.

Occupational Safety Law provides the following rights for the employees.

Employee’s rights for contract signing are stated in art. 6. Before having contract accepted an employee should be informed by employer about working environment, hazardous and harmful conditions and about compensation for work in such conditions.

Employees’ rights at the workplace are described in art. 7. Worker can refuse doing work with risk to his health or damage to environment.

Social insurance from accidents and occupational disease (art. 8) is obligate for every employee.

Workers involved into work in harmful working environment have compensation (art. 9). They have free provision by medical and prophylactic treatment, milk or other nutrition, recovery time off work, short work shift, additional vocation, favorable pension, increased salary etc.

Financial compensation for injured workers is stated in art. 11. Amount of one time financial support is assigned in accordance to labor contract agreement. This amount should not be less that found as sum of month salaries for every percent of lost work ability.

In case of death of worker the amount of financial support to his family makes fife years salaries, moreover not less one-year salary for each family member and also his child borne after his death.

If accident happened due to careless behavior of worker and breaking occupational safety rules employer and trade union of enterprise can apply for 50%, as maximum, reduction of financial support.

Employer pays for recovery of injured worker: medical treatment, prosthesis, buying transport means etc.

Compensation for damage to person is stated by art. 12. Damage to person is emotional suffer caused by an incident that has emotional or traumatic effect on employee at the workplace. It can cost employee in terms of reduced moral, impaired performance, absenteeism etc.