Occupational safety standards system
To study this topic, consider some key issues:
- What is labor protection, which document in this area is fundamental?
- What is the state standard and classifier of standards, what is the status of these documents?
- How is the OSH system reflected in these standards?
The Labor Code of Russia, more precisely, its tenthsection, regulates labor and arising on their basis the relationship between the employee of the enterprise and the employer in the field of labor protection. Article 209 of this legislative act, adopted in 2001, defines labor protection as a system of measures that includes legal, rehabilitation, sanitary and social, organizational, economic, technical and preventive aspects, the purpose of which is to preserve (in the performance of labor obligations) of the health and life of the employees of the organization. That is, this section of the Labor Code sets out the basic principle of labor relations and law.
The system of labor protection, on the other hand, iscomplex of legislative and normative documents. They regulate sanitary-hygienic, social, economic, technical, organizational and preventive measures, technical means and methods, which are aimed at ensuring safe working conditions for the employee. For their interconnection a system of safety standards for the SSBT has been developed. All its components are aimed at ensuring labor safety, have today the status of interstate (GOST for the CIS countries) or state (GOST R - for Russia) standards. They are identified (after GOST or GOST R) by the number 12 with a dot.
The USSR also had a system ofstandards of labor safety with the alphanumeric code "GOST 12.", which still retains legal force in the territory of 12 CIS countries (all former republics of the Union, except for the Baltic States). After the formation of independent states, the development of the IGU allows the development of national standards (for our country - GOST R), which must necessarily be harmonized with respect to interstate GOSTs. In the Soviet era, there was a classifier of all standards with alphanumeric codes (most of the documents were identified in the sections indicated by the 19th letter of the Russian alphabet). Since October 2000, it has been replaced by the All-Russian Classifier of Standards, built in accordance with the International Classification of ISO.
If during the USSR all GOSTs weremandatory for application in the relevant areas, then Law No. 184-FZ provides for the mandatory implementation of technical regulations, and state standards since September last year are applied voluntarily. However, this law, as stated in paragraph 4 of Article 1, does not regulate legal relations in matters relating to labor protection. Therefore, state standards, which includes the system of labor safety standards, refer to the basic normative legal acts in which state requirements are set out in the field of labor protection. Each of them is aimed at ensuring the guarantees enshrined in Articles 7 and 37 of the Constitution of the Russian Federation.
The entire system of occupational safety standards is dividedon six active subsystems (denoted by the digits from 0 to 5) and three reserve subsystems (from 6 to 9). The zero subsystem includes documents of organizational and methodological nature. The first includes standards that regulate the requirements for hazardous and harmful production factors. The second subsystem establishes safe methods and methods for designing, manufacturing and operating production equipment, and the third - the safety of production processes. The fourth subsystem is aimed at ensuring the safety of workers through the use of standardized means of protection. The fifth includes standards for the safety of buildings and structures.
Non-compliance with any document that includes a system of safety standards (employer or employee) is a violation of the Labor Code of our country.