Theoretical and Legal Foundations of Personal Security and Safety of Workers Study
Abstract
Labour protection has its special place in the protection of individual. Any guarantee concerning economic, social and political security of the state and nation loses all its meaning as long as there is no real guarantees in the security of individuals.
According to the legislation of Ukraine the concept of safety is defined as a system of legal, social, economic, organizational and technical, sanitary and preventive measures and means aimed at maintaining health and performance rights of employees during the process of work. Labour safety is a close but not identical term comparing to labour protection, since it reveals certain aspects of labour safety in terms of the labour process which accord the requirements of norms and technical documentation. Labour safety is a state in which the impact of dangerous and harmful production on employee is eliminated or the impact of harmful factors does not exceed the maximum permissible norms. Labour safety, in any production process is provided with the following components: sanitary conditions, safety of production equipment and production process, the organization of labour protection measures. The term «labour protection» is used in the core legislative acts that define the regulatory framework of security of the individual in Ukraine. However, even if in the text of the statute «labour protection» and «labour safety» terms are not used – it is an absolute priority for classification of such act to the system of labour protection, because its content is aimed at the ensuring of safety of people in the wok process. Labour protection is a complex concept that is governed by different branches of law and ensures the safety of individuals. For example, according to the rules of labour law it defines the rights, duties and guarantees of workers and employers concerning their health; in civil law the financial responsibility in case of health damage or death of the employee is stated; administrative law defines administrative responsibility for violation of labour protection legislation and defines the order of administrative responsibility proceedings. In order to protect from the most dangerous attacks on the security of individual, in case of injury to the victim’s health, causing death or other grave consequences the norms of Criminal Law are applied.
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