of October 14, 1992 No. 2694-XII
About labor protection
This Law determines basic provisions by realization of constitutional right of workers on protection of their life and health in the course of labor activity, on proper, safe and healthy working conditions, governs with the assistance of relevant organs of the government the relations between the employer and the worker on safety issues, occupational health and the production circle and establishes single procedure for the organization of labor protection in Ukraine.
Labor protection is system of the legal, social and economic, organizational and technical, sanitary and hygienic and treatment-and-prophylactic actions and funds allocated for preserving life, health and working ability of the person in the course of labor activity.
The employer - the owner of the company, organization, organization or the body authorized by it, irrespective of patterns of ownership, type of activity, managing, and the physical person using wage labor.
The worker - person working at the company, in the organization, organization and fulfilling duties or functions according to the employment contract (contract).
Operation of this Law extends on all legal entities and physical person which according to the legislation use wage labor, and to all working.
The legislation on labor protection consists of this Law, the Labor code of Ukraine, the Law of Ukraine "About obligatory national social insurance from labor accident and the occupational disease which entailed disability" and regulatory legal acts adopted according to them.
If the international treaty which consent to be bound is this the Verkhovna Rada of Ukraine establishes other regulations, than are stipulated by the legislation Ukraine about labor protection, regulations of the international treaty are applied.
State policy in the field of labor protection is determined according to the Constitution of Ukraine the Verkhovna Rada of Ukraine and is directed to creation of proper, safe and healthy working conditions, accident prevention and occupational diseases.
State policy in the field of labor protection is based on the principles:
priority of life and health of workers, complete employer's liability for creation of proper, safe and healthy working conditions;
increases in level of industrial safety by ensuring continuous engineering supervision over condition of productions, technologies and products, and also assistance to the companies in creation of safe and harmless working conditions;
the complex solution of tasks of labor protection on the basis of nation-wide, industry, regional programs for this question and taking into account other directions of economic and social policy, achievements in science and technology and environmental protections;
social protection of workers, full recovery of damage to persons which were injured from labor accidents and occupational diseases;
establishments of single requirements for labor protection for all companies and subjects of business activity irrespective of patterns of ownership and types of activity;
adaptations of labor processes to the worker's opportunities taking into account his health and psychological state;
uses of economic methods of management of labor protection, participations of the state in financing of actions for labor protection, attraction of voluntary contributions and other revenues to these purposes which receipt does not contradict the legislation;
informing the population, carrying out training, professional training and advanced training of workers concerning labor protection;
ensuring coordination of activities of public authorities, organizations, organizations, associations of the citizens solving problems of health protection, hygiene and labor safety, and also cooperation and carrying out consultations between employers and workers (their representatives), between all social groups at decision making on labor protection at the local and state levels;
uses of international experience of the organization of work on improvement of conditions and to increase in labor safety on the basis of international cooperation.
Conditions of the employment contract do not may contain the provisions contradicting the laws and other regulatory legal acts on labor protection.
In case of execution of an employment agreement the employer shall inform the worker on receipt on working conditions and on availability on its workplace of dangerous and harmful production factors which are not eliminated yet, possible consequences of their influence on health and about the worker's rights to privileges and compensations for work in such conditions according to the legislation and the collective agreement.
Work which according to the medical certificate is contraindicated to it for health reasons cannot be offered the worker. Persons in the presence of the conclusion of psychophysiological examination are allowed to performance of works of the increased danger and requiring professional selection.
All workers according to the law are subject to obligatory national social insurance from labor accident and the occupational disease which entailed disability.
Working conditions on workplace, safety of engineering procedures, machines, mechanisms, the equipment and other means of production, condition of the means of collective and individual protection used by the worker and also sanitary living conditions shall meet the requirements of the legislation.
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