For the study of this topic should consider some key questions:
- What is health and safety, which document in this area is fundamental?
- What is the state standard and qualifier of standards, what is the status of these documents?
- How does the system of labor protection is reflected in these standards?
Labor Code of Russia, or more precisely, his tenth chapter, regulates labor and emerging based on these relationships between the employee and the employer of the enterprise in the field of labor.Article 209 of this legislation, adopted in 2001, is the definition of occupational safety as the system of measures, including legal, rehabilitation, sanitation, social, organizational, economic, technical and preventive aspects, the purpose of which is to preserve (in the performance ofliabilities) health and life of employees.That is, in this section of the Labour Code set out the basic principle of labor relations and law.
labor protection system, on the other hand, is a complex of legislative and regulatory documents.They regulate the sanitary, social, economic, technical, organizational and preventive measures, technical means and methods that are aimed at ensuring the safety officer for the organization of working conditions.For their linkages between the developed a system of safety standards OSSS.All its components are aimed at ensuring safety, have today the status of interstate (GOST for the CIS countries) or state (GOST R - for Russian) standards.They are identified (after guests or GOST R), the number 12 with the point.
on the territory of the Soviet Union also had a system of safety standards with an alphanumeric code "Standard 12", which currently retains a legal force in 12 states of the CIS (former Soviet republics all except the Baltic).After the formation of independent states in the development of the IGU is allowed to develop national standards (for our country - it is GOST R), which should be mandatory harmonized with respect to interstate guests.In Soviet times there was a qualifier of all standards with alphanumeric codes (most of the documents have been identified in the section labeled 19th letters of the Russian alphabet).Since October 2000, he was replaced by Russian qualifier of standards constructed in accordance with the International Classification ISO.
If in Soviet times, all guests were required for use in their respective fields, the Law № 184-FZ provides for compulsory execution of technical regulations and state standards since September last year applied voluntarily.However, this law, as stated in paragraph 4 of Article 1, does not regulate legal relations in matters relating to occupational safety.Therefore, national standards, which includes safety standards system, are the main regulatory legal acts, which set out requirements in the field of public health and safety.Each of them is aimed at ensuring the guarantees enshrined in Articles 7 and 37 of the Constitution of the Russian Federation.
whole system of safety standards is divided into six operating subsystems (denoted by numbers 0 to 5) and three back-up (6 to 9).To zero subsystem includes documents of organizational and methodical nature.The first consists of the standards that govern the requirements for hazardous and harmful factors.The second subsystem sets the safe methods and techniques for the design, manufacture and operation of production facilities, and the third - the safety of industrial processes.The fourth sub-system aims at ensuring the safety of workers through the use of standardized means of protection.The fifth includes safety standards of buildings and facilities.
Failure to comply with any document, which includes safety standards system (employer or employee), is a violation of the Labor Code of the country.