The fundamental principle of labor protection is: Basic principles of labor protection

1.Basic principles of occupational safety

1.2.Hazard identification

1.3.Risk assessment

1.4.Basic principles

2. Basic principles of labor protection

2.1. The concept of “labor safety”

1.Basic principles of occupational safety

1.1.The concept of “security” production activities»

The question is which state is considered safe, i.e. without dangers, in the real world, where there are always certain dangers, has long occupied and occupies the minds of mankind. There is not and will not be a simple unambiguous answer, because ensuring safety (including occupational safety) is a complex scientific, technical and organizational problem.

Centuries of practice have proven that absolute safety , i.e. a state in which all dangers are eliminated simply does not exist. This means that almost all states of objects are only relatively protected from dangers, and conversations about safety/danger without quantitative measure are incorrect and unconstructive.

This measure is risk - a relatively new concept for our country, but widely used abroad , which allows you to quantify the degree of danger (and, accordingly, the degree of safety) in each specific case. According to GOST R 51897-2002 “Risk management. Terms and definitions " term " risk» denotes the combination of the probability of an event and its consequences

Considering the results of the impact of a particular hazard on a particular object, it is easy to identify two main quantitative characteristics of this impact:

The first is the likelihood of the impact itself.

The second characteristic is the scale of harm caused (damage) to the condition of the affected object. This characteristic is the second, because it always exists together with the first (when assessing danger).

So the risk is calculated. It is intuitively clear that if the risk is small, then you can consider yourself safe; if it is large, then this is a direct danger! But what is “small” and “large”?

Studies have shown that a person perceives a situation where in one case in a million dangerous situations he can die, as absolutely incredible, as unreal, as SAFE! This is, for example, the probability of dying from lightning within a year! Thunderstorms often occur in the summer, but everyone is afraid of thunder, not lightning.

It is precisely this probability that flight organizers around the world strive for - so that no more than one flight in a million crashes! It is this probability that firefighters around the world strive for, so that no more than one object out of their million catches fire per year!

As for the big risk, a person knows well that it inevitably leads to misfortune, and avoids it in every possible way. No one puts their hand in boiling water, because you will definitely get scalded, no one pokes themselves in the eye with a sharp stick - you will knock it out, no one goes out (voluntarily) into the cold naked - you will freeze...

All other situations require (strangely enough) our decision - will we do something, knowing that it is not safe, or not. Everyone knows that riding a motorcycle at high speeds is very dangerous (about 1 case in 100 ends in a sad outcome), but they ride... This means that motorcyclists, when going on a trip, consider such a risk acceptable and permissible for themselves! But, having found out that heads hit more often than other parts of the body, and with very serious consequences, they began to put protective helmets on these heads!

Consequently, what is important is not so much whether the risk is great or small, but whether it is acceptable - acceptable or unacceptable - unacceptable risk! At the same time, when assessing a hazard, we always take into account not only the likelihood of an adverse event, but also the severity of the consequences of the hazard. Now you can easily define the concept safety, which is understood as no unacceptable risk.

It is this approach and this definition that dominates all Russian standards related to safety.

Note that the Federal Law “On Technical Regulation” gives the following definition: “ SAFETYproducts, production processes, operation, storage, transportation, sales and disposal(hereinafter referred to as security) – STATE, at which NO UNACCEPTABLE RISK associated with causing harm to the life or health of citizens, property of individuals or legal entities, government or municipal property, environment, life or health of animals and plants."

Now we can define the two concepts we need about safety as a state of security - production safety and occupational safety.

Industrial safety – this is a state of production processes in which there is no unacceptable risk associated with the possibility of causing damage to the technological process, property, health of workers and third parties, and the environment.

Ensuring labor safety as part of the safety of production activities is the most important integral part labor protection.

1.2.Hazard identification

Ensuring human safety in the labor process is a complex engineering task, which, of course, depends on the specific circumstances and conditions of a particular production. At the same time technical basics safety management of working conditions are quite typical and consist of:

In identifying (recognizing) dangerous and harmful production factors,

Risk assessment, including risk analysis and risk management.

The variety of hazards and harmful production factors allows for a variety of classifications. Such classifications are used in practice to identify (recognize) dangerous and harmful production factors and associated risks for the subsequent organization of protection against the most frequently occurring (high probability risk) and causing the greatest damage (high cost risk) factors.

In our country, identification of dangerous and harmful production factors is carried out at the workplace means of workplace certification according to working conditions.

By the nature of the impact on humans Dangerous and harmful production factors are divided into the following groups:

Physical,

Chemical,

Biological and

Psychophysiological.

TO physical hazards and harmful production factors relate:

moving machines and mechanisms, moving parts of production equipment, moving products (materials, workpieces), collapsing structures, collapsing rocks;

increased dust and gas pollution in the air working area;

increased or decreased temperature of the surfaces of equipment and materials;

increased or decreased air temperature in the working area;

increased levels of noise, vibration, ultrasound, infrasonic vibrations; increased or decreased barometric pressure and its sudden change;

increased or decreased humidity, mobility, air ionization; increased level ionizing radiation;

increased voltage in the electrical circuit;

elevated levels static electricity, electromagnetic radiation;

increased intensity of electric and magnetic fields, absence or lack of natural light;

insufficient illumination of the work area;

increased light brightness;

reduced contrast;

direct and reflected gloss;

increased pulsation of light flux;

increased levels of ultraviolet and infrared radiation;

sharp edges, burrs and roughness on the surface of workpieces, tools and equipment;

location of the workplace at a significant height relative to the ground (floor);

weightlessness.

TO chemical hazards and harmful production factors relate chemical substances, which, according to the nature of their effect on the human body, are divided into

toxic,

annoying,

sensitizing,

carcinogenic,

mutagenic,

affecting reproductive function.

According to the routes of penetration into the human body, they are divided into those that enter the body through the respiratory system, gastrointestinal tract, skin and mucous membranes.

TO biological hazards and harmful production factors include pathogenic microorganisms (bacteria, viruses, rickettsia, spirochetes, fungi, protozoa) and their metabolic products, as well as macroorganisms (plants and animals).

TO psychophysiological dangerous and harmful production factors include physical (static and dynamic) and neuropsychic overload (mental overstrain, overstrain of analyzers, monotony of work, emotional overload).

Note that the same real dangerous and harmful production factor, by the nature of its action, can simultaneously belong to different types.

3.Risk assessment

A comprehensive assessment of risk (and thereby safety) is necessary for active intervention in the process of occupational safety management.

Methods for comprehensive risk assessment must be adequate to the requirements of the tasks being solved and the initial information that can be obtained for the assessment. This approach to providing safe conditions labor at each workplace was developed and became known as Risk assessment - risk assessment or risk assessment.

GOST R 51901.1-2002 “Risk management. Risk Analysis technological systems” (well translated from English) speaks quite clearly about risk analysis as a GENERAL PROCEDURE for systematically using information to determine the sources and significance of risk. Risk analysis provides the basis for risk assessment, risk mitigation activities, and risk acceptance.

Initial information plays an important role in risk analysis. Depending on the stage at which the risk assessment is performed, the following can be used as initial information:

¨ statistical data on the frequency and nature of manifestations of danger and (or) their consequences in the form of injuries and diseases for various departments, operations, workplaces, professions, etc. (We emphasize that statistical data become reliable with a large observation interval (for 5 -10 years) and/or when observing large groups of workers (5000-10000).

¨ state regulatory requirements for labor protection, hygiene standards, etc.;

¨ basic indicators of industrial injuries and occupational morbidity for this type economic activity or similar enterprises or industries or similar enterprises;

Note that the role of risk assessment in workplaces in the countries of the European Union is played by enterprises Russian Federation certification of workplaces according to working conditions. Once you have completed your hazard and risk assessment and analysis and determined whether the risk is acceptable (acceptable) or unacceptably high, you can begin to plan (and then implement) measures to reduce the risk to an acceptable level.

Assessment of the effectiveness of ensuring safe working conditions of a process can be carried out by generalized indicators of the risk of injury (injury hazard) and/or the risk of occupational disease, or other, including generalized (integral) indicators.

From a theoretical point of view, it is most logical to use relative frequency of injury, calculated as the number of injuries per one man-hour of direct work of a particular type of work.

In practice, similar, but much simpler, and therefore not entirely accurate indicators for detailed analysis are used.

Relative frequency of injury, calculated as the number of injuries (accidents) over a period of full working time (all workers), is closest to the theoretical ideal.

The most common time period used is either 1 million hours of work or a year. For very rare events, it is convenient to take a time period of 10 years.

In our country, to assess the state and dynamics of industrial injuries, they are most often used accident frequency and severity coefficients.

Injury frequency rate K h determines the number of accidents per 1000 average payroll workers for a certain calendar period (month, quarter, year): K h = 1000 (T/P), where T is the number of injuries (accidents) for a certain (usually reporting) period ; P – average number of employees for the same period.

Injury severity coefficient K t characterizes the average duration of incapacity for work per accident: Kt = D/T, where D is the total number of working days of incapacity for all injuries (accidents) for a certain (usually reporting) period, calculated from certificates of incapacity for work; T – number of injuries (accidents) for the same period.

Note that the severity coefficient does not fully characterize the real “severity” of injuries, because it does not take into account fatal injuries and many microtraumas. To better account for the share of fatal injuries, it is possible, as is done in a number of cases in Western countries, it is conventional to assume that a fatal injury is equivalent to the loss of 35 years of working capacity.

By multiplying the coefficients of frequency and severity of injuries, we get another, but rarely used, indicator of injuries - disability rate: Kn = 1000 (D/R).

Using the same ideas, it is still customary abroad to use 100,000 workers or persons of the economically active population as a base. With such a base, the frequency coefficient always turns out to be an integer, which is easier to understand. For example, in the countries of the European Union, the frequency of fatal injuries is approximately 3 (i.e., 3 people per 100,000 workers), in the USA - approximately 4 (i.e., 4 people per 100,000), in our country - approximately 10 (t i.e. 10 people per 100,000 workers).

Injury indicators make it possible to describe the nature of injuries in various workplaces, in individual structural divisions, organizations, industries, in territories, in the country as a whole, and their statistical processing, carried out according to various criteria, is to analyze injuries and determine priority areas for further work to prevent it.

When assessing risk, it should be remembered that the safety of the production process is determined by the properties of both individual elements and the entire system as a whole. In accordance with the systems approach, along with assessing the security level of the system as a whole, it is important to identify what role each of the system elements plays in ensuring this level.

1.4.Basic principles of occupational safety

There are currently two fundamental principles for ensuring occupational safety, and both of them are related to TODAY'S PREPAREDNESS TO MANAGE POSSIBLE FUTURE EVENTS. AND PREVENT THEM IF THEY COULD PRESENT A DANGEROUS TO US.

The first principle is PRINCIPLE OF PREVENTION, PRINCIPLE OF PREVENTION. It consists of the constant (systematic) implementation of various activities aimed at preventing, preventing, PREVENTING hazards, eliminating or reducing risk.

Currently, the entire world community is convinced, and we share this conviction, that this is the BASIC, MAIN PRINCIPLE of ensuring real security.

Second principle - PRINCIPLE OF MINIMIZING CONSEQUENCES an adverse event that could not be prevented. This principle consists of carrying out measures of constant readiness to eliminate the occurrence of danger and minimize its consequences. It stems from the impossibility of ensuring ABSOLUTE SAFETY.

The first practical step that needs to be taken, based on the requirements of the basic principle of ensuring occupational safety and occupational health, is the organization and implementation of PREVENTIVE MEASURES, the implementation of PREVENTION of industrial injuries and occupational diseases. At the same time, the implementation of the first principle should not occur chaotically, but based on the strict logic of ranking preventive measures and strict adherence to the sequence (priority) of implementing various activities.

Note that the requirements of the International Labor Organization’s OHSMS Guidelines state that

"3.10.1.1. Hazards and risks to worker safety and health must be promptly identified and assessed. Preventive and control measures should be implemented in the following order of priority:

(a) eliminating the hazard/risk;

(b) limiting the hazard/risk at its source through the use of technical means collective defense or organizational measures;

(c) minimizing hazard/risk by designing safe production systems, including administrative measures to limit the total time of contact with harmful production factors; And

(d) where the remaining hazards/risks cannot be limited by collective protective equipment, the employer must provide appropriate means free of charge personal protection, including special clothing, and take measures to ensure their use and Maintenance».

Among the preventive measures, engineering and technical measures to prevent industrial injuries and occupational diseases, and the “correct” organization of labor protection work are used.

In practice, in fairly common cases, dangers and risks cannot be eliminated, because this requires an irrational expenditure of human, material and financial resources. It is in these cases that the organizational and engineering competence of the manager and his occupational safety specialist should manifest itself, making it possible to limit the levels of danger at the source and along the paths of their spread. It is here that the well-known methods of “protection by time” and “protection by distance” are widely used.

A special role is played by personal protective equipment - the last line of defense of the worker’s body from the harmful effects of adverse factors. production environment. PPE is used in cases where the worker’s safety cannot be ensured by others. technical means at the current level of development of technology and technology.

2. Basic principles of labor protection

2.1. The concept of “labor safety”

Labor protection is called a socially significant activity to ensure occupational safety and health preservation employees during their professional activity.

primary goal labor protection - preserving the life and health of workers in the process of their work activities, is formulated and enshrined in law in the Labor Code of the Russian Federation.

Basic principle of achievement This goal is the systematicity and universality of various kinds of measures, the main groups of which are identified by the Labor Code of the Russian Federation as legal, socio-economic, organizational and technical, sanitary and hygienic, treatment and preventive, rehabilitation and other measures.

Social essence labor protection is to maintain the health and working capacity of the economically active population at the highest possible level, as well as social protection of those injured at work and their family members.

Economic essence labor protection is the minimization of losses to society when conducting production activities by preventing cases of industrial injuries and occupational morbidity

These include partial or complete loss of working capacity, professional working capacity, and general working capacity. It should be emphasized that even a slight loss of ability to work effectively can become an insurmountable obstacle to maintaining and/or obtaining a job, especially if there is redundancy work force in the job market.

Loss of the opportunity to get a job and earn money hired labor means of subsistence is a terrible social danger not only for the worker herself and her dependent family members, but also for society as a whole.

Who will feed the one who cannot feed himself by his own labor?

In a Soviet-type nation-wide state, the answer was elementary - the state, i.e. everyone and no one at the same time.

In conditions market economy with its ideology of individualism and personalized property, this mechanism social protection does not work. Based on the laws of a market economy, it is reasonable to say that the specific “causer of harm” – the culprit of the incident and/or the owner (proprietor) of the objects that caused this harm – must pay the victim (or family members of the deceased).

Who is to blame if an employee is harmed?

In principle, the culprit is, whatever one may say, the employer, because if he had not hired the employee, the latter’s whole life would have gone differently and this harm would not have been caused. Note that this is why in most developed countries In the world, injuries sustained while driving to and from work are considered work-related, and the harm caused by them must be compensated.

Moreover, the employer, by concluding an employment agreement with an employee, actually “buys” his ability to work - labor power. But since he is a kind of owner of the labor force for the duration of the worker’s performance labor responsibilities according to the contract, he must be fully responsible for the “safety” and consequences of “damage” to his “property” - the employee.

However, such an approach (in principle fair, and therefore not disputed by anyone) can become ruinous for an employer, especially a small one. Considering that the onset of harm is not universal and mandatory nature, but a relatively isolated, almost random character, in the best possible way satisfying the interests of all three parties - society, employee, employer is social insurance workers due to the above risks.

But this is not enough. Legal fact harm to the employee must be proven, recognized, assessed, and only after that compensation must be paid.

Therefore, the harm requiring compensation must, firstly, be socially significant, i.e. quite seriously disrupting the employee-employer labor relationship and preventing the preservation of the status quo that existed before the harm was caused, and, secondly, actually related to the employee’s actions in fulfilling his duties arising from the content employment contract with the employer.

Therefore, it inevitably arises legal concept « work injury"(work accident) and " occupational disease" Only these (serious in their medical and socio-economic nature) phenomena are subject to compensation, which is essentially DAMAGE for the employer. Therefore, he strives to reduce this damage either (in the legal field) by seriously engaging in labor protection, or (in the illegal field) “hiding” from society and the state or the presence labor relations, or facts of injury and/or occupational disease.

Since every victim, having lost the ability to work, must either die of hunger or receive compensation, society, represented by the state, cannot help but introduce a system of regulation by society of labor relations between employee and employer in the field of hired labor safety - labor protection.

That is why labor protection is an element social policy society and the state, that is why it is an integral part of labor law, which is why the main provision of labor protection - ensuring safe and healthy working conditions - is one of the main constitutionally enshrined rights of every citizen of the Russian Federation.

2.2.Basic principles of ensuring labor safety

The basic principles of ensuring occupational safety and health are related to general principles ensuring safety, protection from random adverse events.

The basic principles of ensuring labor protection include the basic principles of ensuring labor safety, but are supplemented by social protection measures.

The first and fundamental principle of labor protection is PREVENTION of industrial injuries and occupational diseases. All occupational safety measures and all its parts, for example, occupational safety, occupational health, are aimed at this.

PREVENT IN TIME - this is the main goal, the main task and the main principle of its implementation in labor protection. No wonder the Russian folk proverb says: “Beware of troubles while they are not there!”

The second fundamental principle of labor protection is PREPAREDNESS TO PROTECT VICTIMS. It stems from the impossibility of ensuring ABSOLUTE SAFETY.

This principle plays an exceptional role in labor protection. Currently, in our country, as in most developed countries of the world, it is implemented through a system of compulsory social insurance against industrial accidents and occupational diseases.

So, the first practical step that needs to be taken, based on the requirements of the basic principle of ensuring labor safety, is the organization and implementation of preventive measures, the prevention of industrial injuries and occupational morbidity.

We have already said above that the definition of safety and security is inextricably linked with the concept of unacceptable risk.

Labor protection, as a certain subsystem of ensuring the safety of the labor activity of an individual member of society and the production activity of society as a whole, is also inextricably linked with the concept of risk, which in this branch of human activity is often called socially acceptable risk.

As part of preventive measures, it is necessary to fully implement all necessary labor safety measures, as well as social partnership measures between the employer and workers on labor protection. Note that these activities, in our opinion, include training employees and stimulating their internal motivation to safe work. Thus, ensuring occupational safety and social partnership between workers and the employer are the most important measures for the prevention of occupational injuries and occupational diseases.

To implement the second basic principle, labor protection offers a whole range of measures to minimize the consequences of occupational risks in the form of SOCIAL PROTECTION for workers working in unfavorable conditions labor or those injured at work as a result of those manifestations of industrial hazards that could not be prevented by a set of preventive measures.

Within the framework of the second basic principle of labor protection, its measures include:

¨ compensation to workers for heavy, harmful and hazardous conditions labor;

¨ compensation for harm to the victim by the injurer;

¨ rehabilitation of the working capacity of victims.

Moreover, in an effort to minimize the costs of society for all the above measures, compulsory social insurance of occupational risks – industrial accidents and occupational diseases – is provided for and implemented.

2.3.Compensation for hard work and work under harmful or dangerous working conditions

Compensation – cash payments established for the purpose of reimbursing employees for costs associated with their performance of labor or other stipulated federal laws responsibilities.

According to Article 219 of the Labor Code of the Russian Federation “The employee’s right to work in conditions that meet labor protection requirements,” each employee has the right to compensation established in accordance with the Labor Code of the Russian Federation, a collective agreement, an agreement, a local regulatory act, an employment contract, if he is employed in heavy work. work, work with harmful and (or) dangerous working conditions.

The amount of compensation for workers engaged in heavy work, work with harmful and (or) dangerous working conditions, and the conditions for their provision are established in order, determined by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Regulatory Commission social and labor relations. Increased or additional compensation for work in heavy work, work with harmful and (or) dangerous working conditions may be established by a collective agreement or local regulations, taking into account the financial and economic situation of the employer.

If safe working conditions are provided at workplaces, confirmed by the results of certification of workplaces for working conditions or the conclusion of a state examination of working conditions, compensation for workers is not established.

2.4. Financial support for labor protection

According to the current legislation, financing of measures to improve labor conditions and safety by employers, regardless of the organizational and legal forms of their activities (with the exception of federal government enterprises and federal institutions) is carried out by the employer in the amount of at least 0.2 percent of the amount of costs for the production of products (works, services).

Financing of measures to improve labor conditions and safety from funds federal budget, budgets of the constituent entities of the Russian Federation, local budgets, extra-budgetary sources is carried out in the manner established by federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of bodies local government.

Note that in sectors of the economy, constituent entities of the Russian Federation, territories, as well as employers, labor protection funds can be created in accordance with federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of constituent entities of the Russian Federation, regulatory legal acts of bodies local government. Financing of measures to improve working conditions and safety can also be carried out through voluntary contributions from organizations and individuals.

We emphasize that the employee DOES NOT bear the costs of financing measures to improve working conditions and labor safety, and the employer BEARS ALL labor safety costs, due to the “natural” right and obligation of the owner and organizer of production to take care of his property independently and organize his production in accordance with all applicable regulatory requirements.

Despite the fact that the employee carries out his labor duties at workplaces controlled by the employer, uses means of production (which can become sources of harm) belonging to the employer (whether it is owned or leased does not matter), at the time the employee performs his labor duties, he is a kind of “property” of the employer, since his ability to work (labor power) is “sold” under an employment contract to the employer to perform in his interests one or another labor function necessary for production.

Moreover, the costs of ensuring normal working conditions and safety measures provided for by the legislation of the Russian Federation, as well as the costs of treating occupational diseases of workers engaged in work with harmful or difficult working conditions, in accordance with Chapter 25 Tax Code RF are included in the cost of production and are removed from the tax base (for income tax).

We emphasize that the inclusion of labor protection costs in the cost of production actually means that these costs are paid by the consumer of the final product, and not by the employer. Therefore, the employer’s “wailing” about bearing an unbearable burden of labor safety costs is nothing more than an illusion. In fact, the costs of labor protection are borne by society! But it is much cheaper than having millions of disabled people unable to work.

Main areas of expenses to prevent industrial injuries and occupational diseases are:

Firstly, the costs of improving technology, replacing equipment and other “technological” measures that entail changes in (considered to be favorable) working conditions;

Secondly, the costs material support occupational safety and health, including personal protective equipment, etc.;

Thirdly, the costs of organizing labor protection measures, including training of workers;

Fourthly, expenses for compensation of harm to workers, including compulsory social insurance against industrial accidents and occupational diseases.

Expenses for compulsory social insurance against accidents at work and occupational diseases consist of insurance premiums to the insurer - the Social Insurance Fund of the Russian Federation and are determined by insurance tariffs established annually by the relevant federal law. The amount of insurance premiums paid within the tariff is included in the cost of production. In addition, it is allowed to direct part of the insurance premiums, in agreement with the insurer, to preventive work in accordance with the lists of preventive measures approved annually.

Considering economic efficiency any management decisions in the field of labor protection, we must remember that COSTS (COSTS) on labor protection, in principle, cannot directly generate INCOME (PROFIT), because they are auxiliary for production purposes and are not directly related to the production and sale of any product. Therefore, in practice, any entrepreneur or manager can see specific COSTS on labor protection, but does not see (and in this formulation cannot see) “INCOME” from labor protection. However, occupational safety measures are not purely costly or unprofitable. The fact is that if in the production of goods (services) we are talking about increasing (maximizing) INCOME (PROFIT), then in measures for labor protection and/or production safety we are talking about reducing (minimizing) LOSSES (LOSSES).

The classic analysis of losses and damages consists of establishing the actual number of accidents, the severity of the damage caused and the analysis of direct losses (costs) associated with the occurrence material damage, bodily harm and subsequent diseases. Unfortunately, direct costs make up only a smaller part of the actual financial costs of an enterprise in the event of industrial accidents and injuries. The main part is played by indirect losses (costs). These indirect losses occur due to the time lost for the main production, but paid for by the employer, the time of middle managers, which was spent on investigating the causes of the accident and injuries, temporary stoppage of production, payment for retraining, extraordinary briefing, knowledge testing for working personnel, payment for possible overtime work in order to get back on schedule. The cost of these indirect costs significantly (several times) exceeds direct losses. The sum of direct and indirect losses constitutes the total damage from an adverse event.

If, as a result of the measures taken, the hypothetical adverse event did not occur, then we can talk about prevented damage. The prevented damage is equal to the total damage from the sale potential danger. This is hypothetical damage from a hypothetical accident or accident. This could have been the case, but it did not happen due to security measures! Then the difference between the prevented damage and the actual direct costs of safety measures forms a kind of “income” from these measures! Moreover, what is detrimental to society as a whole and/or to individuals is detrimental to others specific persons may be “income”, for example, in the case of successful insurance of production risks.

In practice, it is common to increase income, and therefore it is customary to talk not about minimizing possible damage, but about increasing (maximizing) prevented damage. However, the relative simplicity and familiarity of calculating actual income (profit) and the great complexity (and almost complete novelty for our country) of calculating possible (but prevented) damage prevent the implementation of this approach in practice. Particular attention should be drawn to the fact that unprevented damage, regardless of whether it is calculated or not, recorded or not, clearly visible to the “naked eye” or hidden from the eyes of the manager, forms ACTUAL LOSSES (LOSSES) of the enterprise.

Let us draw the attention of readers to the fact that without learning to identify possible damage, we will never be able to prevent it. This is a serious task for our large country, which has just embarked on the path of a market economy, where administrative-command management methods still habitually dominate over market ones.

1. Questions for discussion

OH principles

Principles of occupational safety

Injury frequency rate

K h = 1000 (T/R),

where T is the number of injuries (accidents) for a certain (usually reporting) period; P – average number of employees for the same period

Injury severity coefficient

where D is the total number of working days of incapacity for work for all injuries (accidents) for a certain (usually reporting) period, calculated from certificates of incapacity for work; T – number of injuries (accidents) for the same period

Disability rate

As a result of studying this section, you will know:

The concept of "labor protection".
The main task of labor protection is to prevent industrial injuries and occupational diseases and minimize their social consequences.
The concept of socially acceptable risk.
Basic principles of ensuring labor protection as a system of measures:
Implementation of measures necessary to ensure the preservation of the life and health of workers in the process of work;
Social partnership of employers and employees in the field of labor protection;
Guarantees to protect the right of workers to work in conditions that meet labor protection requirements;
Compensation for hard work and work with harmful and (or) dangerous working conditions;
Social insurance of workers against industrial accidents and occupational diseases;
Medical, social and professional rehabilitation of workers affected by industrial accidents and occupational diseases.
Economic mechanism and financial support occupational safety management systems.
Financing of measures to ensure safe working conditions and to improve working conditions and safety.
Assessing the effectiveness of occupational safety measures.
The concept of prevented damage, direct and indirect losses.
The relationship between ensuring economic, technological, environmental, ergonomic safety and labor protection.

List of basic documents required when studying the section:

1. Constitution of the Russian Federation. Adopted December 12, 1993
2. Federal Law of December 30, 2001 No. 197-FZ (as amended by Federal Law of the Russian Federation of June 30, 2006 No. 90-FZ). Labor Code Russian Federation.
3. Guidelines for hygienic assessment of working environment factors and labor process. Criteria and classification of working conditions. Manual R 2.2.2006-05. Approved by the head of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare, Chief State sanitary doctor Russian Federation G.G. Onishchenko July 29, 2005

BASIC PROVISIONS OF THE LEGISLATION OF THE RUSSIAN FEDERATION
ABOUT LABOR AND OCCUPATIONAL SAFETY

All occupational safety work must be worn systemic nature. In Section X Ch. 33 art. 209 of the Labor Code of the Russian Federation provides the following definition of the concept of “labor protection”.

Occupational Safety and Health- a system for preserving the life and health of workers in the process of work, including:
· legal,
· socio-economic,
· organizational and technical,
· sanitary and hygienic,
· therapeutic and prophylactic,
· rehabilitation and other activities.
The task of effectively ensuring labor safety cannot be solved by carrying out one or a group of the listed activities.

The Labor Code of the Russian Federation defines:

· main directions public policy in the field of labor protection;
· state regulatory requirements for labor protection;
· the employer's responsibilities to ensure safe conditions and labor protection;
· responsibilities of the employee in the field of labor protection;
· state management of labor protection;
· measures to ensure labor safety;
· main functions of state supervision and control bodies over compliance with labor and labor protection legislation;
organizations that must carry out public control labor protection;
· principles of occupational safety management directly in the organization;
· ensuring the rights of the employee to labor protection;
· the right and guarantees of the employee to work in conditions that meet labor protection requirements;
· financing of measures to improve working conditions and safety.

MAIN DIRECTIONS OF STATE POLICY
IN THE FIELD OF OCCUPATIONAL SAFETY

· ensuring the priority of preserving life and health workers;
· adoption and implementation of federal laws and other regulatory legal acts of the constituent entities of the Russian Federation in the field of labor protection, as well as federal target, departmental target and territorial target programs for improving labor conditions and safety;
· state occupational safety management;
· state supervision and control for compliance with labor protection requirements;
· state examination of working conditions;
· establishing order special assessment of working conditions and the procedure for confirming compliance of the organization of work on labor protection with state regulatory requirements for labor protection;
· assistance public control for the observance of rights and legitimate interests workers in the field of labor protection;
· accident prevention and damage to the health of workers;
· accident investigation and recording at work and occupational diseases;
· protection of the legitimate interests of workers affected by industrial accidents and occupational diseases, as well as members of their families on the basis of compulsory social insurance workers from industrial accidents and occupational diseases;
· establishment compensation for hard work and work with harmful and (or) dangerous working conditions;
· coordination of activities in the field of labor protection, environmental protection and other types of economic and social activities;
· dissemination of advanced domestic and foreign experience in improving labor conditions and safety;
· state participation in financing labor protection measures;
· training of occupational safety specialists and improving their qualifications;
· organization of state statistical reporting about working conditions, as well as about industrial injuries, occupational diseases and their material consequences;
· ensuring the functioning single information system labor protection;
· the international cooperation in the field of labor protection;
· conducting effective tax policy stimulating the creation of safe working conditions, development and implementation safe technology and technologies, production of personal and collective protective equipment for workers;
· establishing a procedure for providing employees by means of individual And collective defense, as well as sanitary premises and devices, medical prophylactic agents at the expense of the employer (Article 210 of the Labor Code of the Russian Federation).

The implementation of the main directions of state policy in the field of labor protection is ensured by concerted action:

organs state power Russian Federation;
· public authorities of the constituent entities of the Russian Federation;
· local government bodies;
· employers and employers' associations;
· trade unions and their associations and other representative bodies authorized by employees.

EMPLOYER'S RESPONSIBILITIES TO PROVIDE
SAFE CONDITIONS AND LABOR PROTECTION

Responsibilities for ensuring safe conditions and labor protection rest with the employer.

The EMPLOYER is obliged to provide (Article 212 of the Labor Code of the Russian Federation):

Safety of workers during the operation of buildings, structures, equipment, implementation technological processes, as well as tools, raw materials and supplies used in production;
- creation and operation of a labor protection management system;
- application of past mandatory certification or declaration of conformity in accordance with the procedure established by the legislation of the Russian Federation on technical regulation of means of individual and collective protection of workers;
- working conditions at each workplace that meet labor safety requirements;
- work and rest regime for employees in accordance with labor legislation and other regulatory legal acts containing labor law norms;
- acquisition and issuance at our own expense of special clothing, special shoes and other personal protective equipment, flushing and neutralizing agents that have undergone mandatory certification or declaration of conformity in the manner established by the legislation of the Russian Federation on technical regulation, in accordance with established standards to employees engaged in work with harmful and (or) dangerous working conditions, as well as work performed in special temperature conditions or associated with pollution;
- training in safe methods and techniques for performing work and providing first aid to victims at work, conducting labor safety briefings, on-the-job training and testing knowledge of labor safety requirements;
- prohibition from work of persons who have not passed the in the prescribed manner training and instruction on labor protection, internship and testing of knowledge of labor protection requirements;
- organizing control over the state of working conditions in the workplace, as well as over the correct use of personal and collective protective equipment by employees;
conducting a special assessment of working conditions in accordance with the legislation on special assessment working conditions;
- in cases provided for by labor legislation and other regulatory legal acts containing labor law norms, organize, at their own expense, mandatory preliminary (upon entry to work) and periodic (during employment) medical examinations, other mandatory medical examinations, mandatory psychiatric examinations employees, extraordinary medical examinations, mandatory psychiatric examinations of workers at their requests in accordance with medical recommendations, with their place of work (position) and average earnings retained for the duration of these medical examinations, mandatory psychiatric examinations;
- preventing employees from performing their job duties without undergoing mandatory medical examinations, mandatory psychiatric examinations, as well as in the case of medical contraindications;
- informing workers about labor conditions and safety in the workplace, about the risk of damage to health, the guarantees provided to them, the compensation they are entitled to and personal protective equipment;
- provision to federal authorities executive power, carrying out the functions of developing state policy and normative legal regulation in the sphere of labor, the federal executive body authorized to exercise federal state supervision over compliance labor legislation and other regulatory legal acts containing labor law norms, to other federal executive bodies implementing state control(supervision) in established field activities, executive authorities of the constituent entities of the Russian Federation in the field of labor protection, trade union control bodies over compliance with labor legislation and other acts containing labor law norms, information and documents necessary for them to exercise their powers;
- taking measures to prevent emergency situations, preserving the life and health of workers in the event of such situations, including providing first aid to victims;
- investigation and recording of industrial accidents and occupational diseases in accordance with the procedure established by this Code, other federal laws and other regulatory legal acts of the Russian Federation;
- sanitary services and medical support workers in accordance with labor protection requirements, as well as the delivery of workers who become ill at work to medical organization in case of need to provide them with emergency medical care;
- unhindered access officials the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established field of activity, executive authorities of the constituent entities of the Russian Federation in the field of labor protection, bodies of the Social Insurance Fund of the Russian Federation, as well as representatives of public control bodies in order to conduct inspections of labor conditions and labor protection and investigate industrial accidents and occupational diseases;
- implementation of instructions of officials of the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established field of activity, and consideration submissions from public control bodies within the time limits established by this Code and other federal laws;
- compulsory social insurance of workers against accidents at work and occupational diseases;
- familiarization of workers with labor protection requirements;
- development and approval of rules and instructions on labor protection for employees, taking into account the opinion of the elected body of the primary trade union organization or other body authorized by employees in the manner established by this Code for the adoption of local regulations;
- the presence of a set of regulatory legal acts containing labor protection requirements in accordance with the specifics of their activities.

The employer is obliged to pay in full and on time due to employees wages(Article 22 of the Labor Code of the Russian Federation).

The employer provides persons entering work with harmful and (or) dangerous working conditions (Article 225 of the Labor Code of the Russian Federation):
· training in safe techniques and methods of performing work, with on-the-job training and passing exams, as well as periodic training on labor protection and knowledge testing.

The state provides:

· professional training of labor protection specialists in educational institutions secondary professional and higher vocational education.

All employees, including heads of organizations, as well as managers - individual entrepreneurs, are required to undergo training on labor protection and testing of knowledge of labor protection requirements in the manner established by the Government of the Russian Federation

EMPLOYEE'S RESPONSIBILITIES IN THE FIELD OF OCCUPATIONAL SAFETY

The EMPLOYEE is obliged (Article 214 of the Labor Code of the Russian Federation):
- comply with labor protection requirements;
- correctly use personal and collective protective equipment;
- undergo training in safe methods and techniques for performing work and providing first aid to victims at work, instruction on labor protection, on-the-job training, testing of knowledge of labor protection requirements;
- immediately notify your immediate or superior manager about any situation that threatens the life and health of people, about every accident that occurs at work, or about a deterioration in your health, including the manifestation of signs of an acute occupational disease (poisoning);
- undergo mandatory preliminary (upon employment) and periodic (during employment) medical examinations, other mandatory medical examinations, as well as undergo extraordinary medical examinations at the direction of the employer in cases provided for by this Code and other federal laws.

OCCUPATIONAL SAFETY MANAGEMENT

Decree of the President of the Russian Federation dated March 9, 2004 No. 314 “On the system and structure of federal executive bodies” marked the beginning of administrative reform.

The new structure of executive authorities provides for a three-level division of functions:
· ministry,
· federal Service,
· federal agency.

During the transitional stage, previously adopted legislative and other regulations are in force, which regulated the issues of labor protection and social protection of workers in production.

Public administration labor protection is carried out Government of the Russian Federation directly or on his behalf:
· federal executive body exercising the functions of developing state policy and legal regulation in the field of labor ( MINISTRY OF LABOR AND SOCIAL PROTECTION OF THE RUSSIAN FEDERATION);
· others federal authorities executive power (Article 216 of the Labor Code of the Russian Federation).
The Ministry of Labor carries out the functions of developing state policy and legal regulation in the field of labor and social development.

Ministry of Labor of Russia coordinates the activities of government off-budget funds:
· preferential pensions(according to Lists No. 1 and No. 2);
· social insurance(insurance against industrial accidents and occupational diseases);

Federal executive authorities granted the right:
· carry out certain functions on legal regulation, special permitting, supervisory and control functions in the field of labor protection;
· at the same time they are obliged:
· coordinate the decisions they make in the field of labor protection;
· coordinate its activities with the federal executive body that carries out the functions of legal regulation in the field of labor (Ministry of Labor of Russia).

Federal executive authorities and executive authorities of the constituent entities of the Russian Federation exercise public administration within the limits of their powers in the territories of the constituent entities of the Russian Federation.

To local authorities can be transferred separate powers on state management of labor protection.

U every employer carrying out production activities, including in the provision of services, the number of employees of which exceeds 50 people:
· created labor protection service or
· position is introduced security specialist relevant training or work experience.

If the number of employees does not exceed 50 people, the employer decides to create an occupational safety service or introduce the position of an occupational safety specialist taking into account the specifics of its production activities.

With absence:

· labor protection services,
· full-time occupational safety specialist

their functions are carried out:

· employer - individual entrepreneur(personally),
· head of the organization (personally),
· another employee authorized by the employer,
· an organization or specialist providing services in the field of labor protection, engaged by the employer under a civil contract (Article 217 of the Labor Code of the Russian Federation).

Organizations providing services in the field of labor protection are subject to mandatory accreditation.

To promptly consider labor safety issues at the initiative of the employer and (or) employees, a joint committee (commission) on labor protection.

ENSURING WORKERS' RIGHTS TO OCCUPATIONAL SAFETY

Every employee has the right to on the:

· workplace, meeting labor protection requirements;
· compulsory social insurance against accidents and occupational diseases;
· obtaining reliable information from the employer, relevant government agencies And public organizations about labor conditions and safety in the workplace, about the existing risk of damage to health, as well as about measures to protect against the effects of harmful and (or) hazardous production factors;
· refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for by federal laws until such danger is eliminated;
· provision of personal and collective protective equipment in accordance with labor protection requirements at the expense of the employer;
· training in safe methods and techniques of work at the expense of the employer;
· professional retraining at the expense of the employer in the event of liquidation of a workplace due to violation of labor protection requirements;
· request for an inspection of labor conditions and safety at his workplace:
· federal executive authorities authorized to conduct state supervision and control over compliance with labor legislation;
· other federal executive authorities exercising control and supervision functions in the established field of activity;
· executive authorities carrying out state examination working conditions;
· bodies of professional control of legislation on labor and labor protection; for compliance with labor and labor protection legislation;
· appeal on labor protection issues:
· to state authorities of the Russian Federation;
· to state authorities of the constituent entities of the Russian Federation;
· to local government bodies;
· to the employer and their associations;
· to trade unions and their associations;
· to other representative bodies authorized by employees;
· personal participation or participation through his representatives in the consideration of issues related to ensuring safe working conditions at his workplace, and in the investigation of an industrial accident or occupational disease that has occurred to him;
· an extraordinary medical examination (examination) in accordance with medical recommendations with retention of his place of work (position) and average earnings during the said medical examination;
· compensation, established by law, a collective agreement, an agreement, a local regulatory act, an employment contract, if he is engaged in heavy work and work with harmful and (or) dangerous working conditions.

GUARANTEES OF THE RIGHT OF WORKERS TO WORK IN CONDITIONS
COMPLYING WITH OCCUPATIONAL SAFETY REQUIREMENTS

The state guarantees workers the protection of their rights to work in conditions that meet labor protection requirements.

The working conditions provided for in the employment contract must comply with labor protection requirements.

According to Article 220 of the Labor Code of the Russian Federation:
- for a while suspension of work in connection with the suspension of activities or temporary prohibition of activities due to violation of labor protection requirements through no fault of the employee, his place of work (position) and average earnings are retained.

During this time, the employee, with his consent, can be transferred by the employer to another job with wages for the work performed, but not lower than the average earnings for the previous job.

At employee refusal to perform work in the event of a danger to his life and health, with the exception of cases provided for by federal laws, the employer is obliged provide the employee with another job while such danger is eliminated.

If providing work to an employee for objective reasons is impossible, employee downtime until the danger to his life and health is eliminated paid by the employer in accordance with the legislation of the Russian Federation.

If the employee is not provided with personal and collective protective equipment in accordance with established standards, the employer does not have the right to demand that the employee perform labor responsibilities and is obliged to pay for the downtime that arises for this reason.

In this case, the employee’s refusal to perform work does not entail his involvement in disciplinary liability.

Additional labor protection guarantees for certain categories of workers

Employer For individual categories workers must comply with restrictions:

· to attract them to perform heavy work, work with harmful and (or) dangerous working conditions;
· to perform work at night;
· to overtime work;
· transfer an employee who needs easier work due to health reasons to another job in accordance with a medical report, with appropriate payment;
· establish rest breaks included in work time;
· create working conditions for disabled people in accordance with an individual rehabilitation program, etc. (Article 224 of the Labor Code of the Russian Federation).

The employer must recognize the priority of the life and health of employees
in relation to the results of production activities.

Ensuring the rights of the employee to labor protection and guarantees of these rights is essentially the main goal of all legislation.

The employer is obliged to organize and conduct preliminary medical examinations upon the employee’s entry to work and periodic medical examinations during his working life in cases provided for by law.

If employees detect signs of an occupational disease or deterioration in health due to exposure to harmful or dangerous production factors, the employer, on the basis of medical report should transfer him to another job.

Collective risk(group, social) is the risk of danger of one kind or another for a team, group of people, for a certain social or professional group of people.

The impossibility of achieving absolute industrial safety predetermined the introduction of the concept of acceptable (tolerable) risk.

Acceptable (acceptable) risk- this is the minimum amount of risk that is achievable based on technical, economic and technological capabilities. Thus, acceptable risk represents a compromise between the level of safety and the ability to achieve it.

Economic Opportunities for Improved Security technical systems and reductions in acceptable risk are limited. Spending big financial resources to improve the safety of technical systems can cause damage to the social sphere of production. By correspondingly reducing the funds allocated for the purchase of workwear, medical service, wages, etc. The level of acceptable risk is determined by taking into account all circumstances - technical, technological, social and is calculated as a result of optimizing the costs of investment in technical and social sphere production.

The amount of acceptable risk depends on the type of industry, profession, and the type of negative factor by which it is determined. For potentially hazardous industries (for example, the coal industry), hazardous professions (mine rescuers, firefighters, etc.), the amount of acceptable risk is higher than for industries and professions where the number of hazardous factors less and level harmful factors below.

It is generally accepted that for action man-made hazards(technical risk) in general individual risk is considered acceptable if its value does not exceed 10~6. This value is used to assess fire and radiation safety. The acceptable risk value 1SG6 means that the death of one person per million people is considered acceptable. This roughly corresponds to the risk of death from natural hazards.

In the system of ensuring the safety of life and health of workers in the course of their work activities, the main role belongs to regulatory legal act on labor protection.

Regulatory requirements for labor protection and their compliance are essentially the foundation for creating healthy and safe working conditions. Ensuring the unity of such requirements is an important state task.

State policy in the field of labor protection provides for joint actions of legislative and executive authorities of the Russian Federation and the republics within the Russian Federation, associations of employers, trade unions represented by their relevant bodies and other representative bodies authorized by employees to improve working conditions and labor protection, prevent industrial injuries and occupational diseases.

The main directions of state policy in the field of labor protection are:

· recognizing and ensuring the priority of the life and health of workers in relation to the results of the enterprise’s production activities;
· coordination of activities in the field of labor protection, in other areas of economic and social policy, as well as in the field of environmental protection;
· establishment of common regulatory requirements on labor protection for enterprises of all forms of ownership, regardless of the sphere economic activity and departmental subordination;
· state management of activities in the field of labor protection, including state supervision and control over compliance with legislative and other regulations on labor protection;
· public control over compliance legal rights and the interests of workers in the field of labor protection at work, carried out by workers through trade unions represented by their relevant bodies and other representative bodies authorized by workers;
· interaction and cooperation of authorities government controlled, supervision and control with employers, trade unions represented by their relevant bodies and other representative bodies authorized by employees interested in the development and practical implementation of state policy in the field of labor protection;
· carrying out an effective tax policy that stimulates the creation of healthy and safe working conditions, the development and implementation of safe equipment and technologies, means of collective and individual protection of workers;
· application of economic sanctions in order to ensure compliance by enterprises and employees with regulatory requirements for labor protection;
· provision of workers special clothing, special footwear, collective and individual protective equipment, therapeutic and preventive nutrition, necessary preventive measures at the expense of the employer;
· mandatory investigation of every accident and occupational disease at work;
· establishment of compensation and benefits for hard work and work with harmful or dangerous working conditions that cannot be eliminated at the current technical level of production and labor organization;
· protection of the interests of workers who have suffered from accidents at work or received occupational diseases, as well as members of their families;
· training of specialists in the field of labor protection, including in educational institutions of higher and secondary vocational education;
· establishment of state statistical reporting on working conditions, industrial accidents and occupational diseases;
· informing workers about the state of labor conditions and safety at enterprises;
· implementation of activities to promote best practices in the field of labor protection;
· international cooperation in solving labor protection problems.

The state, represented by legislative and executive authorities, taking into account consultations with associations of employers, trade unions represented by their relevant bodies and other representative bodies authorized by employees, develops, implements and periodically reviews an agreed policy in the field of labor protection.

That is, this article of the Fundamentals essentially determines the directions of activity, first of all, of state and executive authorities of the Russian Federation and constituent entities, as well as associations of employers, trade unions and other representative bodies authorized by employees. The leitmotif of joint actions of these bodies and public organizations should be to force employers to recognize and ensure the priority of the life and health of workers in relation to the results of production activities.

Safety- this is a state of activity in which, with a certain probability, the occurrence of hazards is excluded, and the level of risk of the activity does not exceed an acceptable level.

Therefore, safety should be understood as a comprehensive system of measures to protect people and their environment from dangers generated by specific activities. Integrated system safety is formed by regulatory, organizational, economic, technical, sanitary and hygienic and treatment and preventive measures.

Control questions:

1. What does the concept of “labor safety” include?
2. How is socially acceptable risk assessed?
3. What is the social partnership of employers and employees in the field of labor protection based on?
4. What guarantees are there to protect the right of workers to work in conditions that meet labor protection requirements?
5. What compensation is provided for hard work and work with harmful and dangerous working conditions?
6. How is social insurance provided for workers against industrial accidents and occupational diseases?
7. How is financing carried out for measures to ensure safe working conditions and to improve working conditions and safety?
8. How is the effectiveness of occupational safety measures assessed?
9. What is the meaning of the concept of prevented damage, direct and indirect losses?
10. What is the relationship between ensuring economic, technological, environmental, ergonomic safety and labor protection?

The basic principles of ensuring occupational safety and health are correlated with the general principles of ensuring safety.

There are now two fundamental principles of security, both of which relate to our readiness today to manage future opportunities.

The first principle is constant (systematic) warning, prophylaxis, taking all possible measures to prevent danger. The second principle is constant readiness to eliminate the emergence of danger and minimize its consequences. It stems from the impossibility of ensuring absolute security. This principle is often forgotten, and although it is a complementary principle to the first, its role is no less important. It’s not for nothing that another Russian folk proverb says: “If only I knew where to fall, I’d lay down some straw”!

The first practical step that must be taken based on the requirements of the basic principle of ensuring labor safety is the planning and implementation of preventive measures, the prevention of industrial injuries and occupational diseases, accidents and incidents.

To do this, use all methods, all safety measures and measures, all means of various types of safety equipment, industrial, radiation, transport, electrical, structural and other types of safety. To ensure normal and harmless working/study conditions, all achievements of industrial sanitation, occupational medicine, and occupational hygiene are used.

Since within the framework of preventive measures it is necessary to fully implement all safety measures related to the human factor, in the organizational sphere of ensuring safe and harmless/healthy working/study conditions, preventing injuries and illnesses, the effective practice of social partnership between the employer and workers on labor protection is widely used. Note that this practice, in our opinion, includes training workers (and students) and stimulating their internal motivation for safe work/behavior.

Thus, technical safety, sanitary and technical hygiene, training and management of personnel, pupils and/or students, as well as social partnership of workers with the employer in the organizational sphere of labor protection are the most important measures for the prevention of industrial injuries and occupational morbidity, accidents and incidents, implementation of other dangers inherent in educational institutions. In this way, labor protection fully implements the principle of preventing adverse events.

To implement the second basic principle - minimizing the consequences of adverse events - ensuring labor protection includes a whole range of measures for the social protection of people working in unfavorable working conditions or injured at work as a result of those manifestations of industrial hazards that could not be prevented by a set of preventive measures.

Within the framework of the second basic principle of labor protection, its measures include:

compensation to workers for difficult, harmful and dangerous working conditions;

compensation for harm to the victim by the “causer of harm”;

rehabilitation of the working capacity of victims.

The actually observed state of labor conditions and safety depends significantly on the interaction of many factors, the main of which are:

At the individual employer level:

the nature of the technological processes and production used;

degree of technical perfection of tools and equipment;

condition of fixed production assets;

level of organization of production and general work culture;

level of general literacy, professional qualifications/competence, responsibility and discipline of employees;

At the regional level:

sectoral structure of the region's economy;

regional nature of management and “discipline” of legal entities;

personnel composition of regional government bodies, including territorial divisions of federal executive authorities;

At the country level:

the presence of a good legislative framework that ensures the sustainable functioning of the economy and effective regulation of the economic activities of individual subjects of law - employers and employees;

the presence of a system of state regulation in the field of labor protection and industrial safety, including state supervision and public control;

staffing the labor protection management system, including state support for the training of labor protection specialists, advanced training of managers and specialists of organizations on labor protection issues;

scientific and information support for law-setting and law enforcement practice.

A characteristic feature of the state of labor conditions and safety is, first of all, that it is formed under the joint (sometimes mutually exclusive) influence of the above interrelated factors. It is especially important for practice that many factors that significantly determine the state of working conditions can only be indirectly regulated and are implemented in the context of the entire economic and political life of the country. It is important to note that the traditionally previously existing administrative capabilities of direct directive influence of public authorities in the reform process are steadily declining, which inevitably must be compensated by increased indirect influence through the improvement of legislative and economic mechanisms of state regulation.

The state of labor conditions and safety in the Russian Federation still remains quite tense.

Labor protection is called a socially significant activity to ensure occupational safety and preserve the health of employees during their professional activities.

primary goal labor protection - the preservation of the life and health of workers in the process of their work - is formulated and enshrined in the Labor Code of the Russian Federation.

Let us note that labor protection is part of social and labor relations and this differs from labor safety (any work, including self-service), and from production safety, and from safety precautions.

That is why labor protection is an element of the social policy of society and the state, that is why it is an integral part of labor law, that is why the main provision of labor protection - ensuring safe and healthy working conditions - is one of the basic constitutionally enshrined rights of every citizen of the Russian Federation.

Social essence labor protection is to maintain the health and working capacity of the economically active population at the highest possible level, as well as the social protection of victims at work and members of their families.

Economic essence labor protection consists of minimizing losses to society when conducting production activities by preventing cases of industrial injuries and occupational morbidity.

The medical and biological consequences (injury, disability, death) of illness and/or injury, including death, in the process of work, are complemented by negative social consequences. This is the danger of labor as a social relationship.

Negative social consequences include partial or complete loss of working capacity, professional working capacity, and general working capacity. It should be emphasized that even a slight loss of the ability to work effectively can become an insurmountable obstacle to maintaining and/or obtaining a job, especially when there is a surplus of labor in the labor market.

As mandatory basis occupational Safety and Health includes safety precautions and industrial sanitation , providing safe and harmless conditions for a simple labor process, but is not limited to them.

An important and necessary property of labor protection is its complexity and the presence of legal, economic and social aspects, and not just technical, sanitary, hygienic and medical measures.

The basic principles of ensuring labor protection are correlated with the general principles of ensuring safety and protection from random adverse events.

We have already said above that the definition of safety and security is inextricably linked with the concept of unacceptable risk.

Labor protection as a certain subsystem of ensuring the safety of the work activity of an individual member of society and the production activity of society as a whole is also inextricably linked with the concept of risk, which in this branch of human activity is often called socially acceptable risk.

In addition to all other types of risk that are used in occupational safety and production safety, in ensuring the safety of hired labor of workers it is necessary to additionally use one more type of risk, often called “socially acceptable risk” (i.e., a risk the magnitude of which is acceptable - acceptable - for society at this stage historical development). Society, taking it for granted, fights against this risk and strives to reduce it in every way possible.

The first fundamental principle of labor protection- prevention of industrial injuries and occupational diseases.

The first practical step that needs to be taken, based on the requirements of the basic principle of ensuring labor safety, is the development (organization) and implementation of preventive measures, the prevention of industrial injuries and occupational morbidity.

Technical support occupational safety, sanitary and technical provision of occupational hygiene, training and personnel management, as well as social partnership of workers with the employer in the organizational sphere of implementation of all of the above are the most important measures for the prevention of industrial injuries and occupational morbidity. In this way, labor protection fully implements the principle of preventing adverse events.

The second fundamental principle of labor protection- readiness to protect victims. It stems from the impossibility of ensuring absolute security. This principle plays an exceptional role in labor protection. In our country, it is implemented through a system of compulsory social insurance against industrial accidents and occupational diseases.

The implementation of the second basic principle - minimizing the consequences of adverse events - includes a whole range of measures for the social protection of people working in unfavorable working conditions or injured at work as a result of those manifestations of industrial hazards that could not be prevented during the implementation of a set of preventive measures.

Such activities include:

· compensation to workers for difficult, harmful and dangerous working conditions;

· compensation for harm to the victim by the “causer of harm”;

· rehabilitation of the working capacity of victims;

· compulsory social insurance against industrial accidents and occupational diseases.

In order to minimize the costs of society for all the above measures, compulsory social insurance of occupational risks - industrial accidents and occupational diseases - is provided for and implemented.

When considering the economic efficiency of any management decisions in the field of labor protection, we must remember that COSTS (COSTS) on labor protection, in principle, cannot directly generate INCOME (PROFIT), because they are auxiliary for production purposes and are not directly related to the production and sale of any or goods. However, occupational safety measures are not purely costly or unprofitable. When taking measures for labor protection and/or production safety, we are talking about reducing (minimizing) DAMAGES (LOSSES).

In the case of industrial accidents and injuries, direct costs constitute only a smaller part of the actual financial costs of the enterprise. The main part is played by indirect losses (costs). These indirect losses occur due to the time lost for the main production, but paid by the employer for the time of middle managers, which was spent on investigating the causes of the accident and injuries, temporary stoppage of production, payment for retraining, extraordinary briefing, knowledge testing for working personnel, payment for possible overtime work for in order to get back on schedule with production. The cost of these indirect costs significantly (several times) exceeds direct losses. The sum of direct and indirect losses constitutes the total damage from an adverse event. If, as a result of the measures taken, the hypothetical adverse event did not occur, then we can talk about prevented damage. The prevented damage is equal to the total damage from the realization of the potential danger.

The main areas of spending on the prevention of industrial injuries and occupational diseases:

· expenses for improving technology, replacing equipment and other “technological” measures that entail changes in (considered to be favorable) working conditions;

· expenses for material provision of safety and labor protection (including personal protective equipment, etc.);

· expenses for organizing labor protection measures (including training of workers);

· expenses for compensation of harm to workers (including compulsory social insurance against industrial accidents and occupational diseases).

Financing of measures to improve working conditions and safety is carried out from the federal budget, budgets of constituent entities of the Russian Federation, local budgets, extra-budgetary sources in the prescribed manner. Financing of measures to improve working conditions and safety can also be carried out through voluntary contributions from organizations and individuals.

Financing of measures to improve labor conditions and safety by employers (with the exception of state unitary enterprises and federal institutions) is carried out in an amount of at least 0.2 percent of the amount of costs for the production of products (works, services).

Labor protection funds can be created in sectors of the economy, constituent entities of the Russian Federation, in territories, as well as at employers.

Costs for ensuring normal working conditions and safety measures provided for by the legislation of the Russian Federation, as well as costs for the treatment of occupational diseases of workers engaged in work with harmful or difficult working conditions, in accordance with Chapter 25 of the Tax Code of the Russian Federation are included in the cost of production and are withdrawn from the tax base (income tax).

Occupational safety is the third essential component social and labor relations after the possibility of hiring and size wages for labor.

Labor protection is a socially significant activity to ensure labor safety and preserve the health of employees during their professional activities.

The main goal of labor protection is to preserve the life and health of workers in the process of their work activities, formulated and enshrined in law in the Labor Code of the Russian Federation.

The main principle of achieving this goal is the systematicity and universality of various types of measures, the main groups of which are identified by the Labor Code of the Russian Federation as legal, socio-economic, organizational and technical, sanitary and hygienic, treatment and preventive, rehabilitation and other measures.

The social essence of labor protection is maintaining the health and working capacity of the economically active population at the highest possible level, as well as social protection of those injured at work and their family members.

The economic essence of labor protection is to minimize losses to society when conducting production activities by preventing cases of industrial injuries and occupational morbidity

The possibility of getting illness and/or injury during work, including death, has its own negative social consequences in addition to medical and biological consequences (injury, disability, death). These are the dangers of work as a social relationship. These include partial or complete loss of working capacity, professional working capacity, and general working capacity. It should be emphasized that even a slight loss of the ability to work effectively can become an insurmountable obstacle to maintaining and/or obtaining a job, especially when there is a surplus of labor in the labor market.

The loss of the opportunity to get a job and earn a living through hired labor is a terrible social danger not only for the worker herself and her dependent family members, but also for society as a whole.

Who will feed the one who cannot feed himself by his own labor?

In a Soviet-type nation-wide state, the answer was elementary - the state, i.e. everyone and no one at the same time.

In a market economy with its ideology of individualism and personalized property, this social protection mechanism does not work. Based on the laws of a market economy, it is reasonable to say that the specific “causer of harm” - the culprit of the incident and / or the owner (owner) of the objects that caused this harm - must pay the victim (or family members of the deceased).

Who is to blame if an employee is harmed?

The culprit is, whatever one may say, the employer, because if he had not hired the employee, the latter’s whole life would have gone differently and this harm would not have been caused. Note that this is why in most developed countries of the world, injuries received while driving to and from work are recognized as work-related, and the harm caused by them must be compensated./3/

Moreover, the employer, by concluding an employment agreement with an employee, actually “buys” his ability to work - labor power. But since he is a kind of owner of the labor force for the duration of the employee’s performance of his labor duties under the contract, then he must be fully responsible for the “safety” and consequences of “damage” to his “property” - the hired employee.

However, such an approach (in principle fair, and therefore not disputed by anyone) can become ruinous for an employer, especially a small one. Considering that the occurrence of harm is still not universal and not mandatory, but relatively isolated, almost random, the best way to satisfy the interests of all three parties - society, employee, employer is social insurance of employees for the risks described above.

But this is not enough. The legal fact of harm to the employee must be proven, recognized, assessed, and only after that compensation should be paid.

Therefore, the legal concept of “work injury” (work accident) and “occupational disease” inevitably arises. Only these (serious in their medical and socio-economic nature) phenomena are subject to compensation, which is essentially damage to the employer. Therefore, he seeks to reduce this damage either (in the legal field) by seriously dealing with labor protection, or (in the illegal field) by “hiding” from society and the state either the existence of labor relations, or facts of injury and/or occupational disease.

Since every victim, having lost his ability to work, must either die of hunger or receive compensation, society, represented by the state, cannot help but introduce a system of regulation by society of labor relations between employee and employer in the field of hired labor safety - labor protection.

Basic principles of labor protection

The basic principles of ensuring labor protection are correlated with the general principles of ensuring safety and protection from random adverse events.

The first and fundamental principle of labor protection is the prevention of industrial injuries and occupational diseases. All occupational safety measures and all its parts, for example, occupational safety, occupational health, are aimed at this.

Prevention in a timely manner is the main goal, the main task and the main principle of its implementation in labor protection. No wonder the Russian folk proverb says: “Beware of troubles while they are not there!”

The second fundamental principle of occupational safety is readiness to protect victims. It stems from the impossibility of ensuring absolute security. This principle plays an exceptional role in labor protection. Currently, in our country, as in most developed countries of the world, it is implemented through a system of compulsory social insurance against industrial accidents and occupational diseases.

Within the framework of the second basic principle of labor protection, its measures provide for compensation to workers for difficult, harmful and dangerous working conditions, compensation for harm to the victim by the tortfeasor and rehabilitation of the working capacity of the victims.

In an effort to minimize society's costs for all of the above measures, compulsory social insurance of occupational risks - industrial accidents and occupational diseases - is provided for and implemented.