Importance of timely and high-quality carrying out certification of workplaces on working conditions by results of which the pension on favorable terms, duration of additional paid holiday, surcharge for work in heavy and harmful working conditions is provided is noted.
Problems and judgments
By the law About labor protection it is provided that rabotniki, occupied on works with heavy and harmful working conditions, have the right to privileges and compensations. As a meyokhanizm regulating the relations between the employer and workers in realization of their rights to healthy and safe working conditions, privileges and compensations the attestayotsiya of workplaces is determined by the working conditions, carried out to sootvetyostviya with the resolution of Cabinet council of Ukraine from 01.08.92 of No. 442 About an order of carrying out certification of workplaces on working conditions isn’t more rare than once in five years.
Porezultatam of certification opredelyayutsya the workplaces, to which rabotyonik proves to be true (or doesn’t prove to be true) the right to the preferential provision of pensions, the reduced duration of rayobochy week, is established konyokretny duration ezhegodyony paid dopolnitelnogo holidays for work in harmful and work severe conditions, predusmotyorenny Art. 7 of the Law About holidays, the differentiated surcharges for work in heavy and harmful working conditions.
According to Head department of statistics of the Autonomous Republic Crimea (AR Crimea), for the beginning of 2005 promising number of workers of a proyomyshlennost, constructions, transport, communication and agricultural industry in the republic made 182 thousand chelovek.
In realization of the rights of workers defined above guarantees nemaloyovazhny value the position of mestyony authorities as real oryoganizator of implementation of acts on the subordinate to them has teryoritoriya, including concerning soyotsialny protection of the population. Today according to Laws About mestyony state administrayotsiya and About local self-government in Ukraine to own and delegated powers of the district state administrations and executive committees city sovetov are carried: ensuring soyotsialny protection of workers, zanyayoty on works with harmful and tyazhelymi working conditions at the enterprises, in establishments and the organizations of all forms of ownership, and high-quality carrying out certification of workplaces on working conditions; control of an obesyopecheniye of social protection of rabotyonik of the enterprises, establishments and the organizations of all forms of ownership, including occupied on works with harmful and severe conditions truda, behind granting to workers according to the legislation of privileges and compensations.
For this purpose dolzhyonost of experts were entered into AR Crimea since 2001 practically in all again created departments of work of the regional and city state administrations on working conditions. In some cases, in view of insufficient number of workers in these otdelax, duties of experts vozlozheny on other experts.
At selection of personnel structure of experts in the majority of regions of an autonomy there were certain difficulties, because the highest uchebyony institutions of Ukraine yet gotovyat experts on working conditions. The first steps in the solution of this problemy the labor protection chair in mechanical engineering and obrazovatelyyony establishments Crimean inzheyonerno-pedagogical universiteta which lets out experts and masters as Proyofessionalnoye training does, a preparation profile – Labor protection in mechanical engineering. Regularly, since 2003, graduates of chair vypolnyayut the qualifying works connected with certification of workplaces on working conditions, opredeleniyoy privileges and compensations. Department of usloyoviya of work of the Ministry in it okazyvaet the big help. Students have possibility annually proxodit work practice, poluchat skills in the solution of the questions connected with carrying out an attestayotsiya.
The Ministry of Labour and sotsialyyony policy developed and sent to the district state administrations and executive committees of city councils Meyotodichesky recommendations for the aid to experts on working conditions of rayonyony and city managements of work and social protection of the population, the thematic plan of preparation of experts on the working conditions, including 25 subjects, and also the list of the normative legal acts regulating the truyodovy relations in the rassmatrivayeyomy sphere.
In 2001 – 2003. The Crimean center of retraining and increase of a kvaliyofikatsiya of employees of bodies of the gosuyodarstvenny power, a local samoyoupravleniye, heads of the state enterprises, uchrezhdeyoniya and the organizations at Council ministrov AR Crimea ran thematic courses for experts on working conditions of executive authorities and local an autonomy samoupravleyoniya three times.
Now citizens and predstaviteli the enterprises, the organizations and uchrezhyodeniye can receive consultations on the majority of questions neposredyostvenno in the city or the area in a residence, without addressing in the Ministry of Labour and social policy.
In the majority of areas and gorodov autonomies are made lists of the enterprises which didn’t carry out an atyotestatsiya of workplaces on working conditions, and the reasons of its untimely carrying out are established. Vedetsya work with heads of these enterprises. In the district state administrations and executive committees of the City Councils in processe notifying registration control for vneseniyoy in collective agreements of obyazayotelstvo of the owner (upolnomochenyony it body) on timely carrying out certification of workplaces on working conditions, a predostavyoleniye of privileges and compensations is carried out.
At the conclusion (renewal) of contracts (employment contracts) with ruyokovoditel of the enterprises, organizayotsiya and establishments of municipal and goyosudarstvenny forms of ownership they join requirements for a svoyeyovremenny and qualitative proveyodeniye of certification of workplaces.
During check of the enterprises soyotrudnik of State examination of working conditions, specialists of regional and city departments of working conditions of the state administrations found out that on a number of the large enterprises certification is carried out in due time and to sootvetyostviya with standard and legal aktami. By its results privileges and compensations for work in harmful are correctly established and work severe conditions, lists of such works and prime a meropriyayotiya on their improvement are developed.
However certification of workplaces for working conditions is carried out not at all enterprises, and fault to it is the difficult economic situation of the enterprises caused by compelled idle times, debt on a zarayobotny payment, reorganization of predyopriyatiya. As a result – lack of funds for carrying out sanitary-and-hygienic researches. At the same time the checks which have been carried out by Gosuyodarstvenna by examination of working conditions, showed that many heads of the enterprises, first of all private and collective forms of a sobyostvennost, badly know or at all don’t know requirements of Laws About penyosionny providing, About holidays, About labor protection and not osoznayut consequences of untimely carrying out certification.
Though responsibility for svoyevreyomenny and high-quality carrying out certification of workplaces on usloyoviya of work is assigned to a rukovodiyotel of the enterprise, the organization, privlech it to responsibility in neobkhoyodimy cases it is difficult. An exception – if the head is authorized a sobyostvennik to conclude the collective agreement in which terms of carrying out certification will be specified. Druyogim a factor influencing timeliness of carrying out certification as vysoyoky cost sanitary gigienicheskix researches already was specified, is that at the small enterprises, especially selskokhoyozyaystvenny, does its carrying out almost impossible.
Except organizational stoimostnyx the reasons constraining an attesyotatsiya of workplaces, is much and standard and legal, caused by that the normative legal acts regulating an order a provedeyoniya of certification and its registration rezultatov, were adopted in 1992 and therefore there are some rasyokhozhdeniye with those changes which occurred in recent years in ekonomike the countries. For example, the commissions of predpriyayotiya should carry out certification, and by results of certification it is necessary to make the list of workplaces, productions, works, professions and the positions to which workers the right on lgoty and compensations, including on lgotyony provision of pensions is confirmed. Perechen should affirm the order on the enterprise and predstavlyatsya in Pensionnoyogo’s working bodies of fund. And how to be to a private predyoprinimatel – to the individual, koyotory uses work of hired rabotyonik, for example, electric welders of manual arc welding, and itself rabotaet the electric welder? It has no possibility to create the commission and isn’t present prava to issue orders.
Privileges and compensations for work in heavy and harmful working conditions are provided both operating zayokonodatelstvo, and Labour koyodeksy Ukraine (it is accepted in the first reading in 2004). It agrees poslednemu duration annual paid additional otpuska for work in harmful and tyazheyoly conditions is determined by results of certification of workplaces on working conditions. At the same time the ustayonovleny rights to other privileges and compensations with results of an attestayotsiya of workplaces doesn’t coordinate.
The question of an isyopolzovaniye is now discussed at certification of workplaces of Hygienic classification of work for indicators of harm and danger of factors of the proizvodstvenyony environment, weight and the intensity of labor process approved by the order of Ministry of Health of Ukraine from 27.12.2001 of No. 528. This klassifiyokatsiya is installed since March 1, 2002, except for its application for certification of workplaces.
Now at an attestayotsiya the hygienic assessment of working conditions of each worker mesta is carried out, and degree of harm of each factor of the production environment and labor process is determined by the criteria established by Gigiyeniyochesky classification No. 4137-86.
New classification predusmatrivaet in addition the IV class of usloyoviya of work – dangerous. Besides, the III class (harmful conditions) xarakterizuetsya four degrees, instead of tremya as was earlier. Noyovy factors are included in hygienic classification of work: ionizing izlucheyony, illumination and aero ionization.
But its successful application will need processing Metodichesyokikh of recommendations about carrying out certification of workplaces about working conditions, and also development of a new form of the card of working conditions.
From our point of view, (and also their size) for work in heavy and harmful working conditions bylo it is expedient to apply to an opreyodeleniye of the right to privileges and kompensayotsiya metod calculation of points, which uchityval as degree of a deviation of fakyotor of the production environment, tyazhesti and intensity of labor process from standard, and a dliyotelnost of influence of factors with poyosleduyushchy transfer of points in kayolendarny days of holiday, percent doplat, the right to preferential pension, soyokrashchenny duration of working week.
The system of granting privileges and compensations for work in heavy and harmful working conditions and a special hayorakter of work should be brought into accord with the developed sociolabor relations, taking into account realities in a condition ekonomiki the countries, from a simultaneous ratsioyonalizatsiy technique of definition, purpose of each of types of privileges and compensations. It is necessary to note that ripened need of dalneyyoshy improvement of the zakonodayotelstvo regulating questions of control in the field.
Situation about state ekspertize working conditions demands introduction of sootvetstvuyuyoshchy changes and additions also, in particular, in it is mute it is necessary to provide regional and city links of this body.
G. Dachkin, the main state expert on working conditions of the Ministry of Labour and social policy of AR Crimea, E.Lyumanov, Candidate of Technical Sciences, the dean of engineering and technological faculty of the Crimean engineering and pedagogical university, G. Harachikh, the master of the Crimean engineering and pedagogical university.
(On Okhrana truda magazine materials).