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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. Guarantees of the rights of citizens on a labour safety.

4. The organization of the rights on a labour safety on manufacture.

5. Stimulation of a labour safety.

6. Normative and legal certificates on a labour safety.

7. The government a labour safety.

8. The state supervision and public control on a labour safety.

9. The responsibility for infringement of the legislation on a labour safety.

1. Positions on a labour safety, written down in the Constitution of Ukraine

In Ukraine the stipulated constitutional law working on a labour safety. In the Constitution accepted 28.06.96г., the written down substantive provisions on a labour safety working. Only 7 clauses: 3, 16, 24, 43, 45, 46, 49:

o The Person, its life and health... Are considered in Ukraine as the maximum social value (сlause 3).

o Maintenance of ecological safety and support of ecological equilibrium... Is a duty of the state (сlause 16).

o Everyone working has the right to appropriate safe and healthy working conditions (сlause 43).

o Everyone working has the right to rest. This right is provided with granting of days of weekly rest, and also paid annual holiday, an establishment of the reduced working day for separate trades and manufactures, reduction of duration of work at night (сlause 45).

o Everyone has the right to social protection in case of full, partial or time disability (сlause 46).

o Everyone has the right to public health services, medical service and medical insurance (сlause 49).

o Equality of the rights of the woman and the man... It is provided with special actions on a labour safety, and health of women is provided with pension privileges for women (сlause 24).

2. General provisions on a labour safety in the law of Ukraine "About a labour safety"

2.1 This law has been accepted on October, 14th, 1992, reconsidered and added on November, 21st, 2002. Contains 9 sections and 44 clause.

2.2 Law defines substantive provisions on realization of a constitutional law of their life working on protection and health during labour activity, on appropriate safe their health of a working condition. The law adjusts, at participation of corresponding bodies of the government, mutual relation between the employer and working concerning safety, hygiene of work and the industrial environment.

2.3 Action of the law extends on all legal and physical persons who according to the legislation use employed work, and on all working.

2.4 In the legislation on a labour safety joins: the law " about a labour safety ", the code of laws on work of Ukraine, the law of Ukraine " about public state social insurance from accidents on manufacture and occupational diseases which cause disability ", and also the normative and legal certificates accepted according to these laws.

2.5 State policy on a labour safety is defined by the Supreme Rada of Ukraine according to the Constitution of Ukraine and directed on creation of appropriate safe and healthy working conditions, on prevention of accidents and occupational diseases, and is based on following principles:

o The Priority of a life and health working, the full responsibility of employers for creation of appropriate safe and healthy working conditions.

o Increase of a level of industrial safety by maintenance of the continuous technical control over a condition of manufacture, technologies and production, and also assistance to the enterprises in creation of safe and harmless working conditions.

o The Complex decision of problems on a labour safety on the basis of the state branch and regional programs on this question and in view of other directions economically-social policy achievements in the field of a science and technics and preservations of the environment.

o Social protection working and the full indemnification of the loss to persons who have sufferred from accidents on manufacture and occupational diseases.

o The Establishment of uniform requirements on a labour safety for all enterprises and subjects of enterprise activity, irrespective of patterns of ownership and kinds of activity.

o Adaptation of labour processes to opportunities of the worker in view of its health and a mental condition.

o Use of economic methods of management by a labour safety, participation of the state in financing the enterprise on a labour safety, attraction of voluntary payments.