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1. The Komparativistsky approach to a labour safety as legal category

In the scientific literature questions trudopravovoj komparativistiki traditionally are a subject steadfast внимания1. From the objective party it is predetermined by the nature and logic of historical evolution of the various people and the countries which sciences in process of development, the cultures, new technologies, perfection of productions and formation, objectively, besides will and desire of separate persons and even communities, in a historical context not only are not separated from each other, and more and more intertwine with each other and approach. From the subjective party special attention to komparativistike speaks that the various people and the countries realise the generality with all other world community, understand importance and necessity for own interests of development of versatile communications with other people and странами2. As object of comparisons in the law of master and servant norms, establishments, processes, legal procedures, ideas can act, comparison of systems of the law of master and servant of two or more states, various institutes (podinstitutov) the law of master and servant, legal designs, any internally uniform complex of norms of the various countries is besides, possible, and also 1 See for example: 's Frosts of development of the foreign law of master and servant in the conditions of globalisation: the monography. M: the Prospectus, 2012; Kiselyov I.JA.comparative the law of master and servant. M: the Prospectus, 2005; Tchernyaev D.V.labour relation in the countries of the English-Saxon right. M: Volters-Kluver, 2010; Krylov K.D.legal komparativistika in research and working out of pressing questions of interaction economic and social policy.//Materials of VII international scientifically - practical conference «the International, Russian and foreign legislation on work and social security: Modern condition (the comparative analysis) »//under the editorship of K.N.Gusova. M: the Prospectus, 2011. With. 265. 2 See more in detail: Marchenko M. N. Comparative jurisprudence. M: the Prospectus, 2013. Legal ideas and practical approaches, types, kinds (families) of the law of master and servant, various subjects of any federative state if in this legislation are available различия1. Thus, despite high level of theorization, legal komparativistika, in general, and trudopravovaja komparativistika, in particular, show the huge importance in legislative activity in which revealing of the general and private laws of development of legal categories in various branches, regions, the countries allows to generate the optimal ways of regulation of corresponding groups of public relations. Pursuing the gnoseological aim, komparativistsky the approach to a labour safety in the Russian Federation and the USA shows questions of interrelation and differentiation of systems of rules of law in legislations of the considered states that should promote their rapprochement on those questions where it is necessary, and also to development of offers on perfection of the national law of master and servant. Trudopravovaja komparativistika categories "labour safety" focuses on considering the given term in frameworks of "a legal family»; within the limits of the international and national legal systems; within the limits of the federal and regional legislation on a labour safety that has found reflexion in the present dissertational research.
2 questions of a labour safety both in vertical Are represented, that «integrativnoe rather-legal research», and in a horizontal plane allows to solve tasks in view most full. Proceeding from tendencies modern trudopravovoj компаративистики3 and problematics of the given research, the legislation on a labour safety of the Russian Federation can be considered, at least, in three measurements. First, as 1 Kiselyov I.JA.comparative the law of master and servant. M: the Prospectus, 2005. С.9. 2 Kiselyov I.JA.comparative and the international law of master and servant. M: Business, 1999. With. 10. 3 Sm: Lushnikova M.V.Teorija and methodology of the comparative law of master and servant and the social security right//the Law of master and servant in Russia and abroad. № 2, 2011. With. 3. The istoriko-comparative analysis of development of the legislation of the Russian Federation at the account of modern lines of its development, comparison to world tendencies. Secondly, as the analysis of the Russian legislation on a labour safety on its conformity or discrepancy to the ratified and not ratified international treaties. Thirdly, as research of the legislation on a labour safety of the Russian Federation in aspect of experience of the USA. Standard komparativistika as comparison of similar rules of law and standard legal acts on a labour safety of the Russian Federation and the USA reveals necessity of definition of the basic conceptual approaches to a labour safety, used at construction of system of the legislation on a labour safety of the specified states. Realising the retrospective concept trudopravovoj komparativistiki, we will notice, that in the course of historical formation of the legislation on protection in Russia the various terminology designating the basic legal categories of considered institute was used. So, (further – the Labour Code of 1918) 1 used the Code of Labor Laws accepted in 1918 terms "health protection", «life protection» and "labour safety". The Code of Labor Laws of RSFSR from 1922 (further - the Labour Code of 1922) 2 along with the above-stated concepts mentioned terms «professional hygiene","factory sanitary» and "safety precautions", all the same preferring the term "labour safety". The Code of Labor Laws accepted in 1971 (further – the Labour Code of 1971), 3 in item 2 fixed the right to healthy and safe working conditions (in ред.1992 - the right to the working conditions which are meeting the requirements of safety and hygiene), and also the requirement to create at all enterprises, 1 Meeting of Legalizations and Orders of the Working and Country Government of RSFSR. 1918; № 87-88. Item 905. 2 Meeting of Legalizations and Orders of the Working and Country Government of RSFSR. 1922; № 70. Item 903. 3 «Sheets VS RSFSR», 1971, № 50, item 1007. Establishments and the organisations healthy and safe working conditions (item 139 the Labour Code of 1971). In various articles the Labour Code and the name of head H was used the term "labour safety". According to item 37 of the Constitution of the Russian Federation 1993 « Everyone has the right to work in the conditions which are meeting the requirements of safety and hygiene ». This position is concretised in item 2 of the Labour code of the Russian Federation from December, 30th, 2001 № 197-FZ1 where it is specified, that maintenance of the common right of the worker on fair working conditions, including on the working conditions which are meeting the requirements of safety and hygiene admits to one of main principles of legal regulation of labour relations and other relations directly connected with them. Thus item 219 TK the Russian Federation fixes the right of the worker to work in the conditions which are meeting the requirements of a labour safety. The resulted legislative guidelines testify to labour safety fastening as right of the person which is caused by social character of the Russian state which policy is directed on creation of the conditions providing a worthy life and free development of the person, that according to item 7 of the Constitution of the Russian Federation is carried out, including, by means of a labour safety and health of people. The specified approach focuses on labour safety consideration as component of the social policy spent by the state on the basis of konstitutsionno-rules of law. According to modern researchers of a labour safety, in the law of master and servant its social character is shown that non-observance of elementary rules of a labour safety from problems of the separate organisation can become a public problem; the labour safety has direct value for a considerable part of a society; stability depends on a condition of institute of a labour safety in 1 SZ the Russian Federation from January, 7th, 2002 № 1 (a part I) item 3. A society; regulation of questions of a labour safety directly influences on demographic политику1. Analyzing the legislative guidelines presented above, it is possible to allocate two concepts used by the Russian legislator – «safety and hygiene of work» and "labour safety". However the use of the given terms is not proved by the legislator, and they are used as synonyms. Thereupon it is necessary to agree with opinion that the use of the name of the same concept differently reduces level of formal definiteness of normative acts and as a whole contradicts requirements legislative техники2. The specified circumstances, and also absence rather - legal scientific research of concepts "labour safety" and «safety and hygiene of work» at the present stage of development of the right predetermine necessity of consideration of essence and carrying out komparativistskoj differentiations of the specified terms starting with logic of the Russian and foreign legislation, norms of international law. Item 1 of the Law of the Russian Federation from March, 5th, 1992 № 2446-I «About safety» 3 opened safety as a condition of security of the vital interests of the person, a society and the state from external and internal threats. The Federal act from December, 28th 2010 № 390 FZ «About safety» 4 which does not give concrete legal concept "safety" now operates, however fixes following kinds of safety: safety of the state, the person, the public safety, ecological safety and other kinds of safety provided by the legislation. Leaving the list of kinds of safety opened, 1 See: Kashlakova A.S.concept of a labour safety under the Russian law of master and servant. Barnaul: the ALPHABET, 2012. 2 Golovina S.JU.conceptual the device of the law of master and servant: the Monography. Ekaterinburg: Publishing house UrGjUa, 1997. With. 42. 3 «the Russian newspaper» from May, 6th, 1992 № 103. (Has become invalid in connection with acceptance FZ № 390-FZ from December, 28th 2010 «About safety») 4 SZ the Russian Federation from January, 3rd, 2011 № 1 items 2. The legislator gives the chance owing to necessity of protection of certain vital interests of a society, the states and the person to fix and other kinds of safety to define signs and qualitative characteristics of the given concept. Obshchepravovaja the concept of the term "safety" It has been apprehended by the legislator at definition industrial безопасности1, radiating безопасности2, safety road движения3, information безопасности4, etc., and also in the scientific researches devoted to separate kinds of safety, for example, ecological безопасности5 which in aggregate can be considered from the technical point of view as industrial safety. Except the offered definitions there are labour legislation positions where in item 209 TK the Russian Federation the concept of safe working conditions is fixed are working conditions at which influence on working harmful and either) dangerous production factors is excluded or levels of their influence do not exceed the established specifications. The term «safety of work» is used in following articles TK the Russian Federation: item 21, item 22, item 209, item 211, however does not reveal, that causes necessity of its further concrete definition. Proceeding from semantic value of the term "safety", it is possible to define concept «safety of work» as such condition of security of interests of workers on a workplace at which influence on workers harmful and (or) dangerous production factors is excluded, or does not exceed the established limits. The specified characteristics and legislative use 1 Federal act from June, 21st, 1997 № 116-FZ «About industrial safety of dangerous industrial objects»//SZ the Russian Federation from July, 28th, 1997 № 30, item 3588. 2 Federal act from January, 9th, 1996 № 3-FZ «About radiating safety of the population»//SZ the Russian Federation from January, 15th, 1996 № 3, item 141. 3 Federal act from December, 10th 1995 № 196-FZ «About safety of traffic»//SZ the Russian Federation 11.12.1995, № 50, item 4873. 4 Doctrine of information safety, utv. The decree of the President № 1895 from 09.09.2000//«the Russian newspaper», № 187, 28.09.2000. 5 See, for example: Verbitsky V.V. Legal regulation of maintenance of ecological safety of the Russian Federation: dis.... kand. jurid. Sciences. Moscow, 1999. The term «safety of work» reduces it as a whole to physical safety of the worker on a workplace which should be provided by means of observance by all participants of production both legal, and technical and medical norms, that, at the same time, defines necessity of specification of a considered legal category. So, at the analysis of legislative fastening of modelling concept "safety" 1, and also at allocation in a terminological number of institute of a labour safety of concept «safety of work» we will note following lines characterising it. First, as the modelling term safety represents a base, bearing design of the conceptual device and in the general view acts as a basis for the further formation of concrete concepts. Secondly, safety represents a condition of security of any object or the subject, i.e. this static phenomenon which is not assuming the further development. In this case the condition of security of the important interests of the person and the state from the negative phenomena of technogenic, natural character also assumes maintenance of such level of security which is sufficient and necessary for normal functioning of the specified phenomenon. Applying the generalised characteristics of the term "safety" to concept «safety of work», it is necessary to proceed also from legislatively fixed term "labour safety" which is narrowly connected with a considered legal category. Thereby, safety of work, being a component of system of a labour safety, represents also its qualitative characteristic. Thirdly, object of safety, i.e. That, on what it is directed, are the vital interests of people, 1 About modelling terms of the law of master and servant: Golovina S.JU.conceptual the device of the law of master and servant: the Monography. Ekaterinburg: Publishing house UrGjUa, 1997. С.91. Societies and the states. The purpose of a state policy in the field of a labour safety is maintenance of a priority of preservation of a life and health of workers in the course of labour activity (item 210 TK the Russian Federation), and mental health of workers should be protected both physical, and. In connection with the presented positions it is considered necessary as object of safety of work to allocate a life and health of workers. Maintenance of culture of a labour safety in the course of labour activity also is the major constituting safety of work at which the right to a labour safety is observed by means of active participation of the parties of labour legal relation in maintenance of the safe and healthy industrial environment on the basis of an establishment and observance of system of the rights, duties, guarantees and responsibility in the given sphere. Thus the close interrelation of various kinds of safety is traced within the limits of the entered into General agreement between the all-Russian associations of trade unions, the all-Russian associations of employers and the Government of the Russian Federation for 2014-2016 (further – the General agreement for 2014-2016), the section of V which is devoted directly to questions of conditions and labour safeties, and also industrial and ecological safety. On the basis of definition of the industrial safety, fixed in the Law on industrial safety, it is possible to draw a conclusion that the volume of the given concept only partially coincides with concept volume «safety of work» since the last includes, including, a condition of security from failures and consequences of failures of labour interests of the workers occupied on dangerous industrial objects. Simultaneously industrial safety includes requirements which should correspond to norms in the field of protection of the population and territories against extreme situations, sanitary-and-epidemiologic well-being of the population, preservation of the environment, ecological safety, fire safety, building that «industrial safety» testifies to presence of characteristics of a category, not entering into a design «safety of work» and «ecological safety». Simultaneously maintenance of information safety as conditions of security of national interests of the Russian Federation in the information sphere, defined by set of the balanced interests of the person, a society and the state, assumes the decision of legal questions, especially in interrelation with remote work which assumes use for performance of labour function of the worker and for interaction realisation between the employer and the worker on the questions connected with its performance, is information - telecommunication networks of common use, including a network "Internet". Thereby, questions of the organisation and a labour safety of remote workers, in particular, an order and terms of maintenance of workers information protection frames, and also on maintenance of safe conditions and labour safeties at realisation of remote work show to a duty of the employer interrelation of information safety and safety of work. On the basis of the above-stated is considered to add necessary norm of item 209 TK the Russian Federation fixing the conceptual device of institute of a labour safety in the Russian Federation, following definition of safety of work is corresponding to the purposes and problems of the labour legislation a level of development of system of maintenance of a life and health of workers in the course of realisation of labour activity at which detrimenting to physical and mental health of workers is excluded, and also the culture of a labour safety in the course of industrial activity is supported. Pertinently to notice, that researchers of rather-legal and international legal regulation of work use various concepts at the characteristic of the international and foreign standards on a labour safety – «safety and hygiene of work» 1, and also the term which is the most widespread and is designated as "labour safety" 2. At the same time, differentiations or substantiations of use of this or that term authors of the majority of scientific works it is not resulted, that, actually, and focuses on specification of the given concept having basic value, proceeding from the purpose of the present dissertational work. Thus, use of this or that term in the international and foreign context is complicated by problems of its transfer. So, while translating the term «occupational safety and health» the formulation «safety and work health» 3 is used. However as the legal category «hygiene of work» is considered as hygiene section in which, in - the first, labour activity of the person and the industrial environment from the point of view of their possible influence on an organism, and, secondly, is studied measures and the hygienic specifications directed on improvement of working conditions and the prevention professional заболеваний4 are developed. Thereby, term use «safety and hygiene of work» became more widespread. At transfers of corresponding certificates the SQUANDERER the term «occupational health and safety» is defined as «safety and hygiene of work», the term «the industrial environment"("working 1 Bekjashev by D.K.international the law of master and servant is simultaneously used. M: TK Velbi, Publishing house the Prospectus, 2008. С.45; Kiselev I.J., Lushnikov A.M.law of Russia and foreign countries. The international norms of work. M: eksmo, 2008. With. 530; Ljutov N.L., P.E.Mezhdunarodnoe's Frosts the law of master and servant. Under obshch red. K.N.Gusova. M: the Prospectus, 2011. 2 Ljutov N.L., P.E.Mezhdunarodnoe's Frosts the law of master and servant. Under obshch red. K.N.Gusova. M: the Prospectus, 2011; Frenkel E.B.labour and the social rights of foreign countries, the basic concepts. M: JUrist, 2002. С.338. 3 Tchernyaevs D.V.new the labour safety concept//Questions of the law of master and servant. 2007, № 2. With. 47. 4 Big legal dictionary. Under the editorship of A.J.Suhareva. M: Infra Th, 2006. environment »). So, for example, in item 3 of the Convention the SQUANDERER № 155 from June, 22nd, 1981« About safety, hygiene of work and the industrial environment »1 the concept« health "(" health ») which concerning work means not only absence of illness or an illness is fixed, and also includes physical health physical and mental elements which have the direct relation to safety and hygiene of work (« safety and hygiene at work »). At the same time, while translating Conventions the SQUANDERER № 161« About services of hygiene of work »2, the Russian Federation offered to ratification in the General agreement for 2014-2016, are used two independent terms –« hygiene of work "(" occupational health ») and« health and safety of workers "(" health and safety of the workers »). The term« the industrial environment »in texts of conventions the SQUANDERER does not reveal, however, proceeding from positions of the Convention the SQUANDERER № 155, the industrial environment means space in which the worker carries out the labour activity, adapted to its physical and mental properties. Thereby, safety and hygiene of work should be considered in aggregate with creation and maintenance of the healthy industrial environment demanding that a workplace, cars, the equipment and processes were safe, did not create threat and risk for health that chemical, physical both biological factors and substances of the surrounding industrial environment did not create threat to health at acceptance of corresponding measures of protection. Besides, at maintenance of the safe industrial environment according to positions of the Convention on safety and a labour safety of 1981 (№ 155) all necessary conditions for prevention of distribution of a HIV on a workplace that is one of directions of 1 Convention and the recommendations accepted by the International Conference of work are created. 1957 - 1990. T II. Geneva, the International bureau of work, 1991. With. 1942. 2 Conventions and the recommendations accepted by the International Conference of work. 1957 - 1990. T II. Geneva, the International bureau of work, 1991. With. 1941 activity the SQUANDERER in protection sphere труда1. Efforts on creation of the healthy and safe industrial environment include measures, in particular, on prevention and risk elimination infitsirovanija a HIV. Also creation of such conditions which provides an optimum physical both intellectual condition of workers and adaptation of working conditions to their possibilities here concerns. In respect of a condition of their physical and psychological health it can mean acceptance, in reasonable limits, measures on purpose to create possibilities for workers with the diseases connected with СПИДом2. As it is marked, VICH/SPID is a problem of a workplace, and it is necessary to concern it as to any other serious disease or infringement of a state of health in the conditions of manufacture. It is necessary not only because of epidemic influence on workers but also because the workplace urged to play a part in the general struggle against distribution of epidemic and it последствиями3. The international term "labour safety" has been approved at the first session of joint committee the SQUANDERER and the CART on maintenance of safety of work in 1950 and has been reviewed in 1995: « The labour safety purpose achievement and maintenance of the highest physical, mental and social standard of living of workers of all trades should be; the prevention of adverse influence of working conditions on a state of health of workers; protection of workers from influence of factors of the danger adversely influencing health of workers and 1 See workplaces: Worthy work. Safe work. Protection from VICH/SPIDA. The report the SQUANDERER by the World day of a labour safety. The international bureau of work. Geneva, 2006. 2 Arch of practical rules the SQUANDERER on a question «VICH/SPID and work sphere»//http://aids.ru/law/ilo.shtml 3 Management on VICH/SPID for inspectors of work and the persons who are responsible for safety and a labour safety on manufacture. The program the SQUANDERER on VICH/SPID and work sphere. Geneva, 2005. With. 6. Maintenance of the given industrial environment, and as a result – the work adaptation to the person, and each worker – to the trade »1. For achievement of the given purpose as it is provided in the Convention the SQUANDERER № 155 from June, 22nd, 1981 «About safety, hygiene of work and the industrial environment» 2, Conventions the SQUANDERER № 161 from June, 26th, 1985 « About services of hygiene of work », for all workers without an exception irrespective of any conditions safe both healthy working conditions and access to work protection services should be provided. In this context the labour safety is defined as the versatile sphere of activity devoted to the prevention, recognition, an estimation and the control of the dangers connected with a workplace, capable to harm health and well-being of workers, taking into account possible influence on surrounding people and surrounding среду3. In official transfer of the Report the SQUANDERER by the World day of a labour safety of 2009 is used the name« the Seoul declaration on a labour safety »4. At the same time, while translating directly text of the specified convention the term« safety and hygiene of work »5 is used. On the basis of the specified positions it is possible to draw a conclusion, that and «safety, hygiene and the industrial environment» at the characteristic of the international labour standards assumes use of terms "labour safety" defined sinonimichnost. Being based on komparativistskom the approach of the present research, we will mention relations on safety and hygiene maintenance 1Безопасный work – the common right of the person. The report the SQUANDERER by the World day of a labour safety – 2009. A subregional bureau the SQUANDERER for countries of Eastern Europe and the Central Asia, 2009. With. 4.//www.ilo.org/public/russian/region/eurpro/.../ilo_report_sayt.pdf 2 SZ the Russian Federation from December, 10th, 2001 № 50 items 4652. 3 Safe work – the common right of the person. The report the SQUANDERER by the World day of a labour safety – 2009. A subregional bureau the SQUANDERER for countries of Eastern Europe and Central Asia, 2009//www.ilo.org/public/russian/region/eurpro/.../ilo_report_sayt.pdf 4 Safe work – the common right of the person. The report the SQUANDERER by the World day of a labour safety – 2009. A subregional bureau the SQUANDERER for countries of Eastern Europe and Central Asia, 2009//www.ilo.org/public/russian/region/eurpro/.../ilo_report_sayt.pdf 5 http://www.ilo.org/safework/info/WCMS_151816/lang - en/index.htm work in the USA, which are considered in the block employment law (the individual law of master and servant) 1. In standard legal acts of the USA the term «occupational health and safety» which, proceeding from the semantic value, is translated as is used "Labour safety". At the same time, legal definition of the term "labour safety" is absent, but it can be deduced from concept «the standard on a labour safety» («occupational safety and health standard»), fixed in section 3 of the Law of the USA «About a labour safety» 1970 (further – the Law of the USA 1970) 2. Thereby, it is possible to draw a conclusion, that the labour safety under the legislation of the USA represents an establishment of certain conditions, carrying out of actions, and also application of means, ways, receptions or the processes necessary for maintenance of safe and healthy working conditions and a workplace. Thus according to norms of the American legislation the special attention at labour safety institute is given to questions of ergonomics which represents necessity of carrying out of a certain complex of actions for reduction of quantity of traumas oporno - impellent system of the person, risk factors caused by influence on manufacture. The given legal phenomenon has received legislative fastening in standard legal acts США3 and is carefully enough studied as a labour safety component. And the close connection with a labour safety, in our opinion, is shown in the following: 1) standards in ergonomics sphere are accepted by Agency on a labour safety of the USA; 2) a main objective of standards on ergonomics is reduction of such factors by manufacture, as vibrations, a raising of weights, the monotonous movements, inconvenient poses, i.e. the risks connected with working conditions; 3) 1 See more in detail: globalisation P.E.Problemy's Frosts of influence on the collective law of master and servant (on an example of the legislation of the USA)//Works of the Orenburg institute (branch) MGJUA (release the thirteenth). Orenburg, 2011; Fundamentals of American law. New York University School of law. New York, Oxford University Press inc., 1998. P. 432. 2 https://www.osha.gov/pls/oshaweb/owadisp.show_document? p_table=OSHACT&p_id=2743 3 See: http://www.ergoweb.com/resources/reference/standards/standard.cfm the liability of infringement of standards in the specified sphere comes according to positions of the Law of the USA about a labour safety; 4) such terms as «safety of work», "professional risk", «restrictions in labour activity» are widely enough used, etc. ergonomics Researches, basically, are based on definition of laws of mental and physiological processes which underlie certain kinds of labour activity, and also on studying of features of interaction of the person with the tool and work subjects. Ergonomics occurrence was promoted by the problems connected with introduction and operation of new technics and technologies in XX century, namely traumatism growth on manufacture, turnover of staff etc. as scientifically - technical progress has started to grow, and it demanded new association of sciences at active attraction of psychology, hygiene and др1. Despite enough wide circulation of researches about ergonomics in the Russian science as a whole, questions of interrelation of ergonomics and a labour safety remain a little studied and not investigated though the analysis of some the standard legal acts accepted in РФ2, has shown sharing of the above-stated concepts and has defined necessity of consideration of ergonomics as component of organizational-technical (technological) value of protection труда3. Thereby, it is necessary to understand the adaptation of official duties, workplaces, subjects and objects of work as ergonomics for the most safe and effective work taking into account physical and mental features of a human body. 1 see more in detail: Munipov V. M, Zinchenko Century of the Item ERGONOMICS: chelovekoorientirovannoe designing of technics, software and environment. M: Logos. 2001. 2 Governmental order of the Russian Federation from September, 10th, 2009 № 720 «About the statement of technical regulations about safety of wheel vehicles»; the Order of Ministry of Transport of the Russian Federation from February, 20th, 2003 № 19 «About the statement of Federal aviation rules« Certification of land aviation technics », etc. 3 See for example: labour safety Legal regulation: the manual / kol. A bus: S.T.Papaev, V.V. Trumel, JU.G.Sorokin, O.V.Kuznetsov; under obshch. red. A Cand.Tech.Sci., dots. S.T.Papaev. - M: ID"ATiSO", 2013. If to address to norms operating TK the Russian Federation in item 209 the concept"labour safety"as system of measures of preservation of a life and health of workers in the course of the labour activity is is standard fixed, including legal, social and economic, organizational - technical, sanitary-and-hygienic, treatment-and-prophylactic, rehabilitation and other actions. At the same time, in a number of scientific sources the labour safety is treated as «maintenance of a life and health of workers» 1, that is based on fixed earlier in the Law of the Russian Federation from August, 06th, 1993 №5600-1 «Fundamentals of legislation of the Russian Federation about a labour safety» to the labour safety formulation as «systems of maintenance of safety of a life and health of workers in the course of labour activity.» . Supporting the arguments stated to A.V.Mihajlovym that in the presented situation from the legal point of view is more correct to "provide" use of the term 2, we will notice, that a life and health of the worker in the course of realisation of labour activity by it should remain not simply, and also to be provided, guaranteed, be valid, quite possible, it is real vypolnimym. Legislative definition of concept of a labour safety speaks about its diversity including actions of a various sort, directed on maintenance of health and a life of workers in the course of work and in connection with it. The given concept includes carrying out of the specified actions for maintenance of safety and hygiene of work at various levels, including, what can and should be spent at the concrete employer. 1 see for example: Kuharenko A.JU.legal aspects of the government in the field of a labour safety at the present stage. Dis. … kand. jurid. Sciences. M. 2001; Hnykin G.V.Lokalnye sources of the Russian law of master and servant: the theory and application practice. Dis. … Drs. jurid. Sciences. M, 2005, etc. 2 See: Mihajlov A.V.legal regulation of a labour safety in the Russian Federation. avtoref. dis …. kand. jurid. Sciences. M, 2013. Carrying out of rather-legal research of concepts "labour safety" and «safety and hygiene of work», used both at national level of the considered states, and at the international level, allows to draw a conclusion that the concept "labour safety" is wider on the value, than concept «safety of work» since the last represents only a complex of the actions excluding influence of harmful and dangerous production factors on health of the worker. In turn, the labour safety in a broad sense can assume realisation of the most various measures, including, for example, an interdiction for a trial period establishment at employment for separate categories of workers, and also the interdiction of application of work of persons is elderly till eighteen years on the works which performance can entail harm to their moral development, etc., i.e. in the specified cases the exception of influence of harmful and dangerous factors on health of working citizens directly is not supposed. In the given situation it is a question of certain measures social and a legal protection of the persons especially requiring it, and also protection of all workers in certain conditions of manufacture. In a case when the labour safety is considered as a synonym of safety of work the labour safety institute is understood, in particular, as the body of laws and the rules establishing actions for creation of safe working conditions, preventing a traumatism and occupational diseases, and also regulating the control (supervision) over observance of the legislation on a labour safety, carried out by the state with the assistance of trade-union организаций1. 1 Borisov V. I. The Liability of infringement of rules under safety precautions on manufacture. Kiev, 1984. With. 28. Use of generalising characteristics of modern researches allows to allocate following basic concepts of understanding of a labour safety: as principle of the law of master and servant, as institute of branch and as right человека1. The specified legal positions are based on representation about a labour safety as complex legal category and reflect its is standard-legal значения2. At the same time, problems of rather-legal research focus on understanding of a labour safety in a little wider spectrum of the interconnected aspects demanding the disclosing for the analysis and use of legal experience of the different countries. Addressing to the American legal experience and recognising the importance of legislative regulation of questions of maintenance of safety of work in the USA, we will notice, that in the theory of the American right the independent institute of a labour safety is not allocated, that is caused by features of construction American legal системы3 in which some authors at all do not see allocation of branches права4. In many respects it speaks an accessory of the USA to the general law countries, to the countries with enough great value in them of the judicial precedent. In this connection the American scientists-trudoviki do an emphasis on the decision of practical problems: development of recommendations to workers and employers, the analysis of 1 Buzzing of A.B.organisation-legal of the form of a labour safety (trudopravovoj aspect). avtoref. dis. … kand. jurid. Sciences. M, 2012; Domracheva O.V.Vrednye and dangerous working conditions as a condition of the employment contract and an element of institute of a labour safety. Dis.... kand. jurid. Sciences. Ekaterinburg, 2011; Kajtmazova A.V.legal regulation of work of the persons occupied on works with harmful and (or) dangerous working conditions, and problems of its perfection. Dis.... kand. jurid. Sciences - M, 2008; Kashlakova A.S.concept of a labour safety under the Russian law of master and servant. Barnaul: the ALPHABET, 2012; Makevkina A.S.concept of a labour safety under the Russian law of master and servant. Diss. … kand. jurid. Sciences. Barnaul, 2005; Mihajlov A.V.legal regulation of a labour safety in the Russian Federation. avtoref. dis …. kand. jurid. Sciences. M, 2013; Sabitov A.A.working condition: legal aspect. Dis.... kand. jurid. Sciences. Omsk, 2011. 2 Goloshchapov S.A.legal labour safety questions in the USSR. M: the Legal literature, 1982. With. 45. 3 See more in detail: H. Comparative jurisprudence. M: Translit, 2008; Saidov A.H.comparative jurisprudence (the basic legal systems of the present) / Under the editorship of V.A.Tumanova. M: JUrist, 2000; Marchenko M. N. A comparative jurisprudence course. M: Gorodets, 2002. 4 Syrodoeva O. N. The joint-stock right of the USA and Russia (the comparative analysis). M, 1996. S.61-62. Judiciary practice, thus not giving attention to such theoretical questions, as a subject, a method and др1. For completion of the theoretical vacuum existing in the American literature at revealing of criteria of division of the right to branches and institutes, it is possible to use operating time of the Russian scientists and to allocate a labour safety as the certain complex of rules of law regulating special group of public relations within the limits of the law of master and servant. So, by consideration of institute of a labour safety in system of branch of the law of master and servant it is necessary to recognise that the given institute represents objective formation which is formed on the basis of the general laws of a public life, and also it is caused by an economic and social system of a society and the state. We will notice, that modern researchers in sphere of a labour safety adhere to a position proceeding from which, the labour safety is considered as complex interbranch институт2. Supporting the scientific positions stated by authors, for deeper studying of a labour safety as legal category on the basis of general-theoretical designs we will allocate the signs peculiar to a labour safety as the complex interbranch legal institution and it is applicable them to labour safety institute in the Russian Federation and США3. First, in spite of the fact that each complex interbranch institute has the subject of regulation, this subject does not demand a special method and controlling instrument. So, the labour safety 1 See: Nazmetdinov of the United States of America. Dis. … kand. jurid. Sciences. M, 2013. 2 Kashlakova A.S.concept of a labour safety under the Russian law of master and servant. Barnaul: the ALPHABET, 2012; Mihajlov A.V.legal regulation of a labour safety in the Russian Federation. avtoref. dis …. kand. jurid. Sciences. M, 2013, etc. 3 it is necessary to establish, that the majority of modern jurists name the institute containing norms of two and more branches, complex, to the given concept expediently to adhere at the characteristic of institute of a labour safety in branch of the law of master and servant (Radko So-called Theory of state and law. M: the Prospectus, 2011. With. 414). Regulates certain group of the public relations entering into a subject of the law of master and servant, and, as consequence, the labour safety as complex interbranch institute covers the certain specific group of norms directed on preservation of a life and health of workers. Thus allocation of special means and ways of legal regulation is not required, enough application of the methods used in the law of master and servant. For example, the combination of the centralised and local regulation in labour safety sphere assumes an establishment of the state standard requirements of a labour safety in federal acts and other standard legal acts (item 211 TK the Russian Federation), at the same time, definition of structure of a protection service of work in the organisation and number of workers of a protection service of work by the legislator is assigned to employers (item 217 TK the Russian Federation). In the labour legislation of the USA the method of a combination of the centralised and local relations in regulation on a labour safety is expressed in positions of section 6 of the Law of the USA 1970 According to which standards on a labour safety are accepted at the centralised level, at the same time, the concept of the modern law of master and servant in the USA recognises that the collective agreement is «the important political tool on a workplace» 1. The unity and differentiation as a way of legal regulation of labour relations also are peculiar to labour safety institute, and differentiation factors as objective (working conditions, prirodno-climatic conditions, etc.), and subjective (features of a female organism, physiological features of minors, etc.) Are applicable to the full to considered relations. As an example of last legislative tendencies of development of the legislation on a labour safety, spending differentiation in 1 Alvin L. Goldman, Roberto L. Corrada. Labour Law in the USA. Kluwer Law International, 2011.P. 53 legal regulation of relations in labour safety sphere, it is necessary to result the Federal act from April, 5th, 2013 № 60 «About modification of separate acts of the Russian Federation» by which features of regulation of work of remote workers have been established, in general, and relations on a labour safety, in частности1. For the American labour legislation the way of unity and differentiation in legal regulation of relations on a labour safety which is most brightly shown directly at formation of the legislation on a labour safety also is characteristic. So, for regulation of the specified group of relations in the USA are accepted as the general acts for a labour safety (the Law of the USA on a labour safety of 1970), and the special certificates operating in separate branches or extending on separate categories of workers (the Law of the USA on a labour safety of miners of 1977, etc.) Which will be considered by us in the second chapter of the present research in more details. Specificity of ways of protection of laws of master and servant of workers also finds display in labour safety institute, in particular, in item 379 TK the Russian Federation according to which for the purpose of self-defence of the rights the worker, having informed the employer or the direct head or other representative 1 So, it agree ch. 2 items 312.3. TK the Russian Federation, with a view of maintenance of safe conditions and a labour safety of remote workers the employer fulfils the separate duties provided by item 212 TK the Russian Federation on maintenance of safe conditions of a labour safety. Among the given duties it is necessary to allocate duties of the employer to provide: saNitarno-household and treatment-and-prophylactic service of workers according to labour safety requirements, and also delivery of the workers who were ill on a workplace, in the medical organisation in case of need rendering of urgent medical aid by it; a duty of realisation of obligatory social insurance of workers from accidents on manufacture and occupational diseases; a duty of acquaintance of workers with labour safety requirements. The employer carries out acquaintance of remote workers with labour safety requirements at work with the equipment and the means recommended or given by the employer. However, the whole complex of other duties of the employer on maintenance of safe conditions and the labour safeties, established TK the Russian Federations, other federal acts and other standard legal acts of the Russian Federation, laws and other standard legal acts of subjects of the Russian Federation, on remote workers do not extend, if other is not provided by the employment contract about remote work. The employer in writing, can refuse performance of work which directly threatens his life and health, except for the cases provided TK the Russian Federation and other federal acts. Thus for the American labour legislation presence of special system of measures of protection of workers in sphere of maintenance of safe and healthy working conditions which is called «a policy of protection of the persons making office exposures» («whistleblower protection policy») is characteristic. According to the given concept on the basis of a number of acts to workers protection against prosecutions from the employer on the circumstances connected with their complaints and statements for necessity of check of a condition of workplaces, ecological safety and other circumstances which can be considered as threat of safety of the worker and a society in целом1 is guaranteed. Secondly, the maintenance of complex interbranch institute develops of the special provisions possessing subject and known legal unity. Thus labour safety definition as systems of preservation of a life and health of workers in the course of the labour activity including a various sorts of action, allows to say, that the labour safety institute covers legal, socially - economic, organizational-technical, sanitary-and-hygienic, treatment-and-prophylactic, rehabilitation and other norms. Simultaneously it is necessary to notice, that one of features of institute of a labour safety in the Russian Federation theorists name that he leans appreciably against technical and medical standards and is close to technics, in particular to metrology, medicine (to hygiene of work, toxicology), to work physiology, to ecology. The rules of law providing safety and hygiene of work, 1 Sm.:http://www.dol.gov/compliance/topics/whistleblower-protections.htm frequently intertwine with technical, medical, physiological specifications, with norms organizational характера1. The specified sign is inherent also in the norms regulating the relations on a labour safety in the USA since both in the Russian Federation, and in the USA concepts of other branches of knowledge – technical ("certification", «an inhaled dust», «the mechanical ventilating equipment» 2, etc.) and medical terms ("health", "trauma", "obmorozhenie", "burn" 3, "medical examination" 4, etc.) are used . These concepts are used in that sense which is fixed to them in corresponding branch знания5. The given positions allow to formulate concept of standard institute of a labour safety as the difficult phenomenon covering not only rules of law, but also norms of other branches of knowledge – technicians, medicine, ecology and physiology and to present a labour safety in various organizational - technical (technological) values. Thirdly, the legal source of interbranch formations is polarly diverse, that gives them compound character. Now along with positions TK the Russian Federations operate both other laws and other standard legal acts regulating questions of a labour safety. In the scientific literature it is underlined, that the labour safety is a regulation not only law of master and servant subject, but also other branches of the Russian right: constitutional, civil, administrative, criminal, criminally-executive, tax, the rights social обеспечения6. For example, in item 227 TK the Russian Federation it is established, that all accidents which have occurred to persons, condemned to imprisonment, which 1 Kiselev I.J., Lushnikov A.M.law of Russia and foreign countries. The international norms of work. Under the editorship of M.V.Lushnikovoj. M: eksmo, 2008. With. 223. 2 Section 202 of the Law of the USA 1977 3 Items 227 TK the Russian Federation. 4 section 203 of the Law of the USA 1977 5 Golovina S.JU.conceptual the device of the law of master and servant: the Monography. – Ekaterinburg: Publishing house UrGjUa, 1997. С.81. 6 labour safeties under the Russian law of master and servant See, for example, Makevkina A.S.concept: avtoref. dis …. kand. jurid. Sciences. Tomsk, 2005. With. 7. Are involved in work by organisation administration, come under to investigation and the account, i.e. on the given cases norms of a labour safety extend. And according to item 104 of the Criminally-executive code of the Russian Federation from January, 8th, 1997 № 1-FZ1 rules of a labour safety, safety precautions and industrial sanitary in correctional facilities are established according to the legislation on work. Simultaneously the Federal act from July, 24th, 1998 № 125-FZ «About obligatory social insurance from accidents on manufacture and occupational diseases» 2 establishes, in particular, an order of compensation of the harm caused to a life and health of the worker at execution by it of duties under the employment contract. The specified characteristics also are characteristic for institute of protection of the USA which includes norm and other branch orientation. So, among the acts reflecting the concept of "a policy of protection of the persons making office exposures» («whistleblower protection policy»), a labour safety included in structure, it is necessary to note the laws simultaneously containing norms of various branches of law: the Law of the USA on safe potable water of 1974 («Safe Drinking Water Act»); The law of the USA on the control over pollution of reservoirs of 1972 («Federal Water Pollution Control Act»); the Law of the USA on recycling of a firm waste of 1976 («Solid Waste Disposal Act»); the Law of the USA on safety of a railway traffic of 1970 («Federal Rail Safety Act»); the Law of the USA on safety of national transit systems of 2007 («The National Transit Systems Security Act»), etc. Thereby, a labour safety can be considered as the complex interbranch institute including norms of a various branch accessory; as the principle of the law of master and servant which is penetrating all other institutes of branch of the law of master and servant and being one of bases legal 1 SZ Russian Federation from January, 13th, 1997, № 2, item 198. 2 SZ the Russian Federation from August, 03rd, 1998, № 31, item 3803. Regulations of labour relations; as special institute of branch of the law of master and servant, regulating relations on maintenance of a life and health of workers in the course of work. Simultaneously positions of the item of item 212 and 214 TK the Russian Federations fixing duties of the employer on maintenance of safe conditions and a labour safety and a duty of the worker in sphere of a labour safety accordingly, item 229 TK the Russian Federation about inclusion in structure of the comission of inquiry of accident on manufacture of the representative of a trade union or other representative body of workers, the representative of local government at accident with a deadly outcome, item 229.3 TK the Russian Federation about carrying out of investigation of accident on manufacture by the state inspectors of work assume labour safety consideration as duties of the parties of labour legal relation – the worker and the employer, and also the state bodies, local governments, the representative organisations of workers and employers, bodies of social partnership. In the present research the labour safety is investigated from positions of the special legal institution of branch of the law of master and servant. On the basis of the specified positions it is possible to establish, that the labour safety as institute of the law of master and servant represents isolated within the limits of branch of the law of master and servant the structured unity naturally located and interconnected by the general subject of legal regulation of the norms directed on maintenance of safe and healthy working conditions at employers of all organisation-legal forms and patterns of ownership. Allocation in item 210 TK the Russian Federation as the basic directions of a state policy in the field of a labour safety of coordination of activity in the field of a labour safety, preservation of the environment and other kinds of economic and social activity, preparation of experts in a labour safety and increase of their qualification, and also fastening in the Federal act from 28.12.2013 № 426-FZ «About a special estimation of working conditions» 1 (further – the Law on a special estimation of working conditions) positions about the organisations spending a special estimation of working conditions and about experts of the given organisations, allows to establish, that the labour safety in the Russian legislation is considered and as a kind of activity which is carried out by specially prepared persons. The labour safety as area of a science and technics studies communications and laws of maintenance of safe working conditions, preservations of a life and health of workers in the course of industrial activity of the enterprises of the industry, building and on транспорте2, that assumes presence of an independent speciality (05.26.01) according to the Nomenclature of specialities of the science officers, the Russia approved by order Minobrnauki from 25.02.2009 № 593. Thus, the analysis of some legislative guidelines on a labour safety of the USA allows to consider a labour safety also as a kind of activity and as area of a science and technics. So, on the basis of accepted in the USA in 1970 The law on a labour safety the National institute of a labour safety («National Institute for Occupational Safety and Health») in which frameworks researches for reduction of number of occupational diseases and accidents are carried out, and also improvement of working conditions at the expense of interventions and recommendations by means of performance of programs, 1 SZ the Russian Federation 30.12.2013, № 52 (a part I), item 6991 has been created. 2 See for example: Dmitriev M. S. Improvement of conditions and a labour safety of operators of combine harvesters at the expense of perfection of controlling instruments of working bodies. Dis.... A Cand.Tech.Sci. Chelyabinsk, 2004; Zaharov S.V. Development of approaches to management of a labour safety on railway transport: on an example of the East-Siberian railway. Dis.... A Cand.Tech.Sci. Irkutsk, 2007; Trjastsin A.P. Improvement of conditions and a labour safety of the drivers occupied with transportation of dangerous cargoes in agriculture by working out and introduction of technical offers and organizational actions. Dis.... A Cand.Tech.Sci. An eagle, 2006; Shulzhenko V. N. Improvement of conditions and a labour safety at operation and performance of repair-regenerative works in sewer systems and the wells used in agriculture: Dis.... A Cand.Tech.Sci. An eagle, 2005, etc. 3 Order of the Ministry of Education and Science of the Russian Federation from February, 25th, 2009 № 59 «About the statement of the Nomenclature of specialities of science officers»//the Bulletin of normative acts of federal enforcement authorities from May, 18th, 2009 № 20. Divided into 8 groups according to industries (agriculture, transport, services, building, trade, underground works, etc.) 1. Thus, the labour safety in the USA is considered as the complex phenomenon covering various means, ways and receptions for an establishment of safe and healthy working conditions, and also questions of the organisation of a workplace of the worker (ergonomics). Generalising the above-stated in the given section of dissertational research devoted to essence of a labour safety in komparativistkom aspect, we will note the following: 1. Now the labour legislation at the characteristic of institute of a labour safety safety and hygiene of work »uses two terms"labour safety"and«, not differentiating them. The legal concept "labour safety" is wider on the value, than concept «safety of work» which represents only a complex of the actions excluding influence of harmful and dangerous production factors on health of the worker. Therefore using them as synonyms, it is necessary to consider their general maintenance and the distinctions reflected in the international law of master and servant and the national legislation. 2. The labour safety, representing the complex legal institution, is the objective phenomenon and reflects laws of development of a public life, having for an object maintenance of a life and health of workers in the course of labour activity. Being independent formation in branches of the law of master and servant, labour safety institute contains a regulation of the right of the worker on work in the conditions which are meeting the requirements of safety, its realisation and maintenance. 1 http://www.cdc.gov/niosh/about.html 3. Proceeding from the spent analysis of concept "labour safety", labour safety institute it is offered to consider as isolated within the limits of branch of the law of master and servant the structured unity naturally located and interconnected by the general subject of legal regulation of the norms directed on maintenance of safe and healthy working conditions and the industrial environment at employers of all organisation-legal forms and patterns of ownership.
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A source: Neverov Anna Sergeevna. Rather-LEGAL RESEARCH of the LEGISLATION ON the LABOUR SAFETY of the RUSSIAN FEDERATION And the UNITED STATES Americas. 2014

More on topic 1. The Komparativistsky approach to a labour safety as legal category:

  1. § 3. Differentiation of legal regulation of a labour safety depending on features of a legal status of employers — physical persons and the religious organisations
  2. 3. The federal legislation as the basic source of legal regulation of a labour safety in the Russian Federation and the USA
  3. SECTION I. NATIONAL SAFETY AS THE SCIENTIFIC CATEGORY AND THE LEGAL CONDITION
  4. chapter 1. Theoretical designs and politiko-legal reference points of a labour safety in the Russian Federation and the USA
  5. § 1. Classification of duties of the employer by a labour safety
  6. Neverov Anna Sergeevna. rather-LEGAL RESEARCH of the LEGISLATION ON the LABOUR SAFETY of the RUSSIAN FEDERATION And the UNITED STATES Americas,
  7. Chapter 1. The Legal status of employers — physical persons and the religious organisations and a general characteristic of their duties on labour safety maintenance
  8. 2. Formation of rules of law of regulation of a labour safety and their kinds in the Russian Federation and the USA
  9. Kognitivnyj the approach in category studying kauzativnosti
  10. 3. The basic directions of a state policy in labour safety sphere in the Russian Federation and the USA
  11. 1. Harmonisation and increase of efficiency of legislative regulation of a labour safety in the Russian Federation and the USA
  12. § 3. Creation and functioning of a control system by a labour safety urabotodatelej — physical persons and in the religious organisations