Occupational safety during work with pesticides: the state of legal provision

Abstract

The article is devoted to the analysis of the current state of legal protection of labor protection when performing work with pesticides, as well as the formulation on its basis of conclusions and proposals aimed at improving the current legislation in this area. It is established that the process of updating labor legislation is currently underway in Ukraine. In particular, through the adoption of regulations governing the rules of labor protection when working with certain types of chemicals (for example, ammonium nitrate). As a result of the study of current legislation in the field of labor protection when working with pesticides, it was concluded that the basic documents (State Sanitary Rules 8.8.1.2.001-98 «Transportation, storage and use of pesticides in the national economy» and State Sanitary Rules and Norms 8.8.1.2.3.4-000-2001 «Permissible doses, concentrations, quantities and levels of pesticides in agricultural raw materials, foodstuffs, air of the working area, atmospheric air, water of reservoirs, soil») are not able to regulate properly appropriate relations due to the obsolescence of their provisions. The main shortcomings of State Sanitary Rules 8.8.1.2.001-98 are determined: references in its content to already invalid regulations on labor protection, inconsistency with modern developments in the field of hygiene and toxicology of pesticides; unreasonably detailed regulation, which results in an excessive burden on business entities and leads to formalism in the implementation of the provisions of this document by employers; incorrect «rigid» regulation of the choice of personal protective equipment for work with pesticides. The directions of improvement of the legislation in the field of labor protection at performance of works with pesticides are defined. Among them: introduction of a risk-oriented approach to the organization of labor protection, including in the field of agriculture; borrowing positive international experience in the field of awareness of stakeholders on the hygienic regulation of pesticide use, the necessary safety measures for work with the use of such substances. Keywords: occupational safety, dangerous production factor, labor protection regulations, labor protection, pesticides, legal support, agriculture