New regulations on labor protection

The review of the new regulations concerning participation of the workers in permission of safety issues, labor hygiene and the productive environment is given.

According to article 28 of the Law of Ukraine About labor protection (further the State Committee) worked the State committee of Ukraine on industrial safety, labor protection and mountain supervision and approved two normative legal acts which to some extent concern participation of workers in permission of safety issues, labor hygiene and the production environment. So, one after another.

The State Committee order from 21.03.2007 of No. 55 approved the Standard provision on the commission on questions of labor protection of the enterprise (NPAOP 0.00-4.09.-07), which can be created according to the decision of labor collective. The commission is formed on the basis of equal representation of persons from the employer (experts of safety, labor hygiene and other services of the enterprise) and a trade union, and in case of its absence – the persons authorized by hired workers.

The main objectives of the commission are:

– protection of legitimate rights and interests of workers in the labor protection sphere;

– preparation of recommendations to the employer and workers concerning prevention of a traumatism and occupational diseases;

– development of offers on inclusion in the collective agreement of the most important questions on labor protection. And others.

The commission has the right:

– to receive from workers, information and access to documentation which is necessary for performance of the tasks provided by this Standard situation has heads of structural divisions and enterprise and trade-union committee services;

– to carry out control of observance of requirements of the legislation on labor protection it is direct on workplaces, providing workers with means of collective and individual protection, powerful tools, a treatment-and-prophylactic food and use of sanitary and household rooms, etc.;

– an open entry on all sites of the enterprise and discussion with workers of questions of labor protection.

The commission is headed by the chairman who is elected by general meeting of labor collective. On commission session the vice-chairman and the secretary is elected. It is not allowed to choose the commission chairman of the employer.

Members of the commission fulfill the duties on a voluntary basis.

The commission holds meetings as required, but isn’t more rare than once a quarter.

Decisions of the Commission are made out by the protocol and have recommendatory character. The commission of times a year reports about the done work at general meeting of labor collective.

The State Committee order from 21.03.2007 of No. 56 approved the Standard provision on activity of representatives by hired workers of persons concerning labor protection (NPAOP 0.00-4.11-07).

Representatives concerning labor protection (further – representatives) are elected hired workers of the person at the enterprises where there is no trade union, for implementation of public control over observance of the legislation on labor protection.

For performance of these duties the employer at own expense organizes training, provides with necessary normative legal acts, help to materials concerning labor protection and releases representatives from work for the term provided by the collective agreement with preservation of average earnings behind them.

The methodical help in work of representatives is rendered by security service of work of the enterprise. If representatives consider that the preventive measures applied by the employer, are insufficient, they can address for the help to body of the state supervision of labor protection.

Representatives concerning labor protection not less often than once a year report about the work at general meeting of labor collective.

Representatives carry out control for:

– compliance of working conditions on workplaces to regulations on labor protection;

– safety of engineering procedures, equipment and other means of production, condition of means of collective and individual protection, sanitary living conditions;

– working conditions of women, minors and disabled people;

– carrying out training, instructing and examinations of workers on labor protection;

– passing by workers of medical examinations;

– timely and correct investigation, documentary registration and accounting of accidents and occupational diseases;

– implementation of orders, orders, actions for labor protection.

Representatives take part in:

– to working off of the section of a koldogovor concerning labor protection, complex actions for prevention of cases of industrial injuries and occupational diseases;

– investigation of occupational accidents;

– consideration life-threatening go health of the worker of a production situation, the production environment, etc. in default the worker to perform on these reasons the work charged to it.

Representatives concerning labor protection have the right:

– freely to check a security status and labor hygiene, observance by workers of regulations on labor protection on objects of the enterprise or the production division which collective elected him;

– to demand from the head of production division of termination of work in case of emergence of threat of life or to health of workers;

– to make offers concerning accountability of workers which break requirements of normative legal acts for labor protection.

It is necessary to mean that in the present review of new regulations on labor protection the most significant duties and the rights of members of the commission, and the persons authorized by workers on labor protection are reflected only.

E.EFIMOV, the leading engineer on UKTs labor protection.