Some theoretical and practical problems of legal protection of occupational safety: national and international aspects

M. Somych, O. Kalian, Bohdan Strilets
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Abstract

The academic article deals with certain issues of the theory and practice of regulatory regulation of labour protection in Ukraine. Main organisational and legal forms of occupational safety and health, as well as main tasks of labour protection management in the country, are defined. Philosophical, general scientific and special legal methods of cognition, including but not limited to formal-legal and comparative legal methods, were used for the research. It is noted that Ukraine’s health and safety situation is one of the most challenging in Europe. The authors also state that importance of the psychological climate in the workplace and its impact on the production process cannot be underestimated, so relevant measures in the context of its improvement are proposed. The article highlights certain aspects of labour protection regulation at the international legal level in general (ensured by the International Labour Organization) and at the level of the European Union in particular, as well as the impact of relevant standards on national legislation. The authors formulate proposals for improving the labour protection institute in modern economic conditions in Ukraine, including but not limited to: implementing innovative legal education and training programs focused on occupational safety and health;, creating/improving safe working conditions under martial law, including proper equipment of shelters for use during air raids; ensuring submission of a draft law on improving penalties for violations of labour protection legislation, which will increase employers’ responsibility for compliance with labour protection legislation. It is concluded that the occupational health and safety management system shall be based not only on measures taken by the state, but also on the interest of the parties to labour relations in maintaining the proper physical condition of the employee, which is inextricably linked to the economic and social well-being of the employer.
职业安全法律保护的一些理论和实践问题:国家和国际方面
该学术文章论述了乌克兰劳动保护监管理论与实践的若干问题。文章界定了职业安全与健康的主要组织和法律形式,以及国家劳动保护管理的主要任务。研究采用了哲学、一般科学和特殊法律认知方法,包括但不限于形式法律方法和比较法律方法。作者指出,乌克兰的健康和安全状况是欧洲最具挑战性的国家之一。作者还指出,不能低估工作场所心理氛围的重要性及其对生产过程的影响,因此提出了改善心理氛围的相关措施。文章强调了国际法律层面(由国际劳工组织确保),特别是欧盟层面的劳动保护法规的某些方面,以及相关标准对国家立法的影响。作者提出了在乌克兰现代经济条件下改进劳动保护机构的建议,包括但不限于:实施以职业安全和健康为重点的创新法律教育和培训计划;创造/改善戒严状态下的安全工作条件,包括空袭期间使用的避难所的适当设备;确保提交关于改进违反劳动保护立法处罚的法律草案,这将增加雇主遵守劳动保护立法的责任。结论是,职业健康和安全管理系统不仅应基于国家采取的措施,还应基于劳动关系各方在保持雇员适当身体状况方面的利益,这与雇主的经济和社会福祉密不可分。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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