of June 23, 2008 No. 356-Z
About labor protection
Accepted by the House of Representatives on May 14, 2008
Approved by Council of the Republic on June 4, 2008
This Law is directed to regulation of the public relations in the field of labor protection and realization of the right of citizens to healthy and safe working conditions established by the Constitution of the Republic of Belarus.
For the purposes of this Law the following main terms and their determinations are applied:
accreditation of legal entities (individual entrepreneurs) on rendering services in the field of labor protection – activities of the republican state body pursuing state policy in the field of work for establishment of compliance of content and quality of the provided services in the field of labor protection by legal entities (individual entrepreneurs) to requirements of the legislation on labor protection;
certification of workplaces under the terms of work – system of accounting, the analysis and complex assessment on the specific workplace of all factors of the production circle, weight and intensity of labor process influencing working capacity and health working in the course of labor activity;
safe working conditions – working conditions under which impact on the working harmful and (or) dangerous production factors is excluded or levels of their impact on working do not exceed the established standard rates;
harmful production factor – production factor which impact on working in production process in certain conditions can lead to disease, decrease in working capacity or by death;
instructing in labor protection – process of acquaintance with requirements for labor protection, safe methods and working methods which accomplishment belongs to functional (official) duties working, or other work charged by the employer;
the work permit on performance of works with the increased danger (further – the work permit) – the task for preparation and the performance of works with the increased danger of the established form which is drawn up on paper and determining the name of works, the place, terms and time of their accomplishment, action for preparation for performance of works, safe performance of works, cast of works, person (persons) responsible of works, (responsible) for preparation, person (persons) responsible (responsible) for safe performance of works, other requirements providing safe performance of works;
training in questions of labor protection – the process of the organization of educational activities directed to development working contents of educational programs for questions of safety of life and health in the course of their labor activity;
danger – source or situation with possibility of harming of life or to health working;
dangerous production factor – production factor which impact on working in production process in certain conditions is capable to lead to injury or other sudden sharp deterioration in health or by death;
labor protection – the system of safety of life and the health which are working in the course of labor activity, including legal, social and economic, organizational, technical, psychophysiological, sanitary and anti-epidemic, treatment-and-prophylactic, rehabilitation and other actions and means;
rules on labor protection – the technical regulatory legal act containing the requirements for labor protection aimed at providing the healthy and safe working conditions working obligatory for execution by all employers in case of accomplishment of any kinds of works by them, activities implementation including in case of construction (designing, reconstruction) and operation of objects, designing of machines, mechanisms and other equipment, development of engineering procedures, production organization and work;
examination concerning labor protection – examination working concerning safety of life and health in the course of labor activity, development of safe methods and working methods which accomplishment belongs to their functional (official) duties, or other work charged by the employer;
working – the physical persons working according to employment contracts (further – workers), the physical persons working under civil agreements which subject are performance of works (rendering services) and creation of intellectual property items (further – the civil agreement) and also on the basis of membership (participation) in the organizations of any forms of business; the physical persons who are heads and members of peasant farms, students in organizations of education and the involved in works in the organizations during practical training, inservice training, training, clinical interns; the military personnel of Armed Forces of the Republic of Belarus, other troops and military forming involved according to legal acts to performance of works (rendering services) and execution of other obligations which are not caused by military service; the physical persons involved according to legal acts in accomplishment of paid works for liquidation of emergency situations of natural and technogenic nature;
employers – legal entities, their separate divisions having accounting number of the payer and the individual entrepreneurs employing citizens according to employment contracts, civil agreements, the physical persons employing citizens according to employment contracts, the legal entities employing on the basis of membership (participation) in the organizations of any forms of business and also the legal entities involving citizens in performance of works (rendering services) according to the procedure and on the conditions established by the legislation;
works with the increased danger – works in case of which accomplishment on working harmful and (or) dangerous production factors can influence for management of which it is required to perform the special organizational and technical events ensuring safety of these works working in case of accomplishment;
management system labor protection – set of actions for labor protection, methods and controls allocated for the organization of activities for safety, preserving life, health and working capacity working in the course of labor activity;
individual protection equipment – the remedy which is put on body working either its parts or used by it, intended for prevention or reduction of impact on working harmful and (or) dangerous production factors, and also for protection against pollution and (or) during the work in adverse temperature conditions;
means of collective protection – remedy, structurally and (or) functionally connected with production processes and the equipment, capital structure (the building, construction) isolated by the room or the production site, intended for protection of the harmful and (or) dangerous production factors working from impact;
training concerning labor protection – practical development of safe methods and working methods which accomplishment belongs to functional (official) duties working, under the leadership of person authorized by the employer;
the standard instruction for labor protection – the technical regulatory legal act determining requirements for labor protection for professions of working and (or) separate work types (services) on the basis of which employers develop taking into account local conditions and specifics of the activities of the instruction for labor protection;
working conditions – set of factors of the production circle, the weight and intensity of labor process influencing working capacity and health working in the course of labor activity.
Determinations of other terms contain in individual clauses of this Law.
The relations in the field of labor protection are governed by the legislation on labor protection, and also the international treaties of the Republic of Belarus and international legal acts constituting the right of the Eurasian Economic Union including the technical regulations of the Customs union and Eurasian Economic Union containing requirements for labor protection.
The legislation on labor protection is based on the Constitution of the Republic of Belarus and consists of this Law, the Labor code of the Republic of Belarus, the Civil code of the Republic of Belarus, other regulatory legal acts governing the relations in the field of labor protection including the technical regulatory legal acts which are according to legal acts and the orders of the Government of the Republic of Belarus obligatory for observance.
If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law then are applied rules of the international treaty.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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