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§ 2. Evolution of regulation of safety and hygiene of work on an example of certificates of the International organisation of work

Safety and hygiene of work is one of the major institutes of the law of master and servant from international law positions. The importance of the given institute proved to be true in the Charter of the International organisation of work [54] where as one of the purposes necessity of protection of workers from illnesses is named, occupational diseases and accidents on manufacture.

Despite the fact that what from the moment of acceptance of the Charter the SQUANDERER there have passed almost 100 years, the given problem is actual and to this day. However, it is necessary to notice, that the understanding of safety and hygiene of work has undergone a number of positive transformations which are directed on working out new and perfection of operating mechanisms with which help maintenance of safety and hygiene of work of workers is directly carried out.

In research the special attention has been given evolutionary development of the given question. This approach is defined by necessity to study formation of such legal phenomenon as safety and hygiene of work, or a labour safety, to reveal signs of safety and hygiene of work, and also to plan tendencies of perfection of the specified institute.

Now one of features of scientific researches in the field of the right is the aspiration to the analysis of the international and foreign experience in interesting sphere that generates various offers on implementatsii the specified experience. However such approach cannot be recognised by sufficient for the valid development of the scientific doctrine and the legislation. Such order fixes the Russian researches and the Russian legal validity on positions "catching up" foreign researches. At the same time researches which not only analyze existing position concerning this or that phenomenon, but also trace ways of its development, can be more productive: they are capable to reveal the most effective ways implementatsii positive experience in the Russian validity, and also on their basis obosnovanno to offer vectors of the further development of a corresponding legal reality.

Consideration of evolution of understanding of safety and hygiene of work can be begun with specified above the Charter of the International organisation of work. Proceeding from its text the most typical and paramount sign of safety and hygiene of work of workers is the unconditional priority of protection of workers from illnesses, occupational diseases and accidents on manufacture.

Intrinsic signs of the given institute can be met and in other early certificates the SQUANDERER, in particular in the Convention № 1 «About restriction of working hours at the industrial enterprises till eight o'clock in day and forty eight hours per week». The given norm, besides an establishment of restrictions, provides possibility of a deviation from them — at an establishment of corresponding overtime payments in size «not less than one and a quarter of the usual rate». Such establishment speaks about compensatory character of compensation beginning the formation in case of an unaccordance of appropriate conditions on a labour safety. [55]

Development of compensatory character of investigated institute can be observed and in the Convention the SQUANDERER № 12 «About compensation in case of accidents on work in agriculture» [56].

In article 1 of this document the obligation to extend on all persons receiving wages in agriculture, laws and the decisions providing indemnification by the worker for a physical injury at accident, an event as a result or in an operating time on hiring contains. It is remarkable, that the given certificate, despite the fact that what it has been accepted after named above the Convention the SQUANDERER № 1, does not provide the minimum sizes of indemnifications that testifies to absence for that moment of uniform practice of a regulation of the minimum specifications of obligations.

It is necessary to pay attention to the Convention the SQUANDERER № 17 «About compensation by the worker in case of accidents on manufacture» [57] on which example development of the legal statuses regulating compensatory character of safety and hygiene of work is well traced. In particular, the position developing the maintenance of the Convention the SQUANDERER № 12 «About compensation in case of accidents on work in agriculture», are the instructions as addressees of indemnification not only workers, but also their dependents. Simultaneously with it the circle of persons to which positions about indemnifications are applied is limited, namely, agrees ch. 2 items 2, in the legislation can be provided exceptions in the relation:

a) the persons hired incidentally and hired for performance of works, not characteristic for a profile of the given enterprise;

b) the persons working in-home;

c) members of a family of the businessman, working only for it and living in its house;

d) workers of the brainwork which earnings exceed a limit established by the national legislation.

Article 3 of the Convention the SQUANDERER № 17, in turn, does not suppose application of the established legal regulation to seamen and fishermen, and also to the persons using a special mode, at least equivalent established by the Convention.

Positions of the Convention the SQUANDERER № 17 substantially develop a compensatory component of safety and hygiene of work by an establishment of terms of granting of compensation, a duty on additional compensation in case of need leaving by the foreign person, and also granting of necessary medical aid as a result of accident and medical products, reception and regular updating at the expense of the businessman or the insurer of orthopedic and orthopedic means or additional grants. Thus given Convention does not contain understanding of the mechanism of compensatory restrictions for persons in which relation exceptions can be made.

The convention the SQUANDERER № 18 «About compensation by the worker at occupational diseases» [58] continues to develop institute

Safety and hygiene of work, in particular having specified in necessity of payment of compensation to the workers, appeared invalid not only for the reasons connected with physical injuries, but also podvergshihsja to occupational diseases. This Convention fixes lists of diseases and toxic substances and connects them with corresponding kinds of activity and industries. Thus, it is possible to establish presence at the given stage of development of institute of safety and hygiene of work of essential restrictions in operation the norms providing a labour safety of workers. It is necessary to notice especially, that the concrete definition of spheres of work of workers is quite often exclusively detailed, for example, in the list of kinds of activity and industries it is underlined, that «the poisoning with lead, its alloys or connections, with direct consequences of this poisoning» corresponds, among other, to such kind of works, as «casting of secondary zinc and lead in pigs». Differently, realisation of similar activity with insignificant deviations from the formulation resulted in norm can become an obstacle for its execution.

Consistently opening perfection of compensatory character within the limits of safety and hygiene of work, it is necessary to address to the Convention the SQUANDERER № 19 «About equality of citizens of the country and foreigners in the field of compensation by the worker in case of accidents». The name of the Convention speaks about fastening in it obligations for the countries ratifying it to give to citizens of any other member state the SQUANDERER of the right to the compensation, identical with what are provided for own citizens. Considering that fact, that the SQUANDERER on character of the activity answers calls which arise before a society in questions of regulation of work, it is possible to approve, that the Convention № 19 reflects activization of processes of [59] globalisations and labour migration which, in turn, should mention such institute as a labour safety.

By consideration of development of compensatory character of a labour safety it is necessary to note value of such documents, as the Convention the SQUANDERER № 24 «About insurance through illness workers industrial and trade enterprises and house servants» and the Convention the SQUANDERER № 25 «About insurance through illness workers in agriculture» [60 [61]. Their acceptance has predetermined bases of the further formation of institute of a labour safety, having specified on necessity of creation of the financial base to realisation of compensatory character of actions for maintenance of safety and hygiene of work.

The convention the SQUANDERER № 28 «About protection against accidents of the workers occupied on loading and unloading of vessels» [62], unlike previous similar certificates, establishes absolutely other approach to legal regulation of safety and hygiene of work. It provides the protective mechanism from approach of accidents, instead of rationing of indemnifications in connection with them. Value of the given document consists that it at the international level accurately establishes elements of safety precautions regulations for a concrete kind of works, namely feature of a design of passes and access to separate premises of vessels, obligations on granting of means for an easy approach to parts of vessels, and also on maintenance of necessary illumination. In view of the specified specificity the Convention in bolshej degrees regulates requirements of organizational-technical character and is turned directly to ship-owners.

Before the accepted conventions it is possible to consider revision as one of the integral signs of development, including compensatory character of institute of safety and hygiene of work. The convention the SQUANDERER № 42 «About compensation to workers in case of occupational diseases (reviewed in 1964)» [63] confirms the told. Edition of 1964 has essentially expanded sphere of application of the Convention as, besides specified before diseases (among them there are poisonings with lead, mercury at their various displays with direct consequences of a poisoning, and also infection with the Siberian ulcer), in it other occupational diseases are provided also, including silikoz, poisonings with phosphorus, arsenic, benzene, pathological displays as a result of influence radija, other radioactive substances, X-rays and a number of other cases. The way of an establishment of the list of kinds of activity, branches and processes in which frameworks cases of the specified occupational diseases come under to indemnification differs also. For example, to a triad before the established occupational diseases there corresponds the same way of fastening which has been considered within the limits of the analysis of the Convention the SQUANDERER № 18 «About compensation by the worker at occupational diseases». A short story is expansion of the list of cases, for example a poisoning with lead, its alloys or connections with direct consequences of this poisoning now admits a case of granting of indemnification and when the given occupational disease has occurred in the course of work in the polygraphic industry. However the considered Convention gets the special importance in a context of those occupational diseases which have been entered by the given document. The main feature is shown in a way of fastening of cases when diseases come under to indemnification, in particular the formulation gets wider application as it is connected with any process demanding manufacture, allocation or use of corresponding substance which involves korrespondirujushchee a poisoning or illness. Transition from fastening of special cases of applicability of concrete norm to the general basis of granting of indemnification is progressive, this one of essential achievements in development of safety and hygiene of work.

The convention the SQUANDERER № 55 «About obligations of the ship-owner in case of illness, traumas or death of seamen» [64] also opens essence of compensatory character of safety and hygiene of work. Here the obligation consists in rendering assistance to the worker and in definition of the minimum criteria granting of corresponding leaving in case of illness and a trauma, events during the period between a date started of the work established in the employment contract, and a hiring expiration date that includes medical leaving and granting sufficient in the qualitative and quantitative relation of medicines and other medical means, and also a food and habitation. The duty on execution of expenses for homecoming of the sick or traumatised seaman separately is underlined. Consequences of death of the worker are regulated also, the duty on payment of expenses on funeral in case of death onboard a vessel or ashore if at the moment of death the died could apply for rendering of medical aid at the expense of the ship-owner in particular is established. It is necessary to notice, that the establishment of such obligations is characterised by the valid necessity on maintenance of appropriate conditions of the organisation of the help to the worker or members of his family as character of activity and a working condition of the seaman predetermine a special shipowner's liability for its destiny.

The SQUANDERER № 62 «About safety precautions in a building industry» [65] it is possible to consider acceptance of the Convention as one of the first steps to change of understanding of safety and hygiene of work and the beginning of gradual deviation from indemnifications as labour safety basic element. In a preamble of the given document first of all it is underlined necessity of reduction of serious risks of accidents both on motives of humanity, and for economic reasons. It is simultaneously underlined, that the Convention purpose is the establishment of standards of the minimum measures of safety precautions taking into account that too rigid requirements for general application to be established should not. Unlike earlier considered Convention the SQUANDERER № 28 «About protection against accidents of the workers occupied on loading and unloading of vessels» which also establishes safety precautions regulations, here the basic accent becomes on an establishment of main principles of the safe organisation of activity in the field of building. Among these positions introduction of a principle of publicity which is fixed, in particular, in the item "and" item 3 of the Convention the SQUANDERER № 62 where the requirement about that businessmen lead up laws or the rules regulating positions is established, directly concerning safety precautions, to data of all interested persons in the order established by the competent authorities is allocated.

Positions of the given Convention have found the development in the Recommendation the SQUANDERER № 53 «About safety precautions in a building industry» [66] which opened the maintenance provided by the Convention the SQUANDERER № 62 obligations and established more concrete specifications. Under the maintenance the Recommendation represented in details regulated requirements shown to erection of building woods, to the elevating equipment, safety and saving means for workers, and also to means of first aid in case of any trauma in work. Thus, the structure and essence of positions of this Recommendation are similar to the norms established by the Convention the SQUANDERER № 28 «About protection against accidents of the workers occupied on loading and unloading of vessels», but their fastening only at recommendation level testifies to impossibility of their universal embodiment during a life that has led to necessity to fix in the Convention the SQUANDERER № 62 only the general principles, and the most correct ways of their realisation to reflect in the text of the Recommendation with a detailed regulation of safety precautions regulations.

Apparently from considered above an example, in the first decades of existence of the International organisation of work introduction of obligations on safety and hygiene of work of workers was very difficult process. Quite often positive initiative on an establishment at level of the convention of the International organisation of work of concrete obligations did not find the further development, and subsequently in conventions accurate safety precautions regulations, and only the general principles which maintenance revealed only in recommendatory certificates were fixed not.

The question of maintenance of safety and hygiene of work of workers consists not only in reduction of risks at realisation of certain kinds of activity, in an establishment of safety precautions regulations and indemnifications at approach of accidents or occupational diseases, but also in control and supervision of observance of requirements of a labour safety as a whole.

Thereupon it is expedient to result the Convention the SQUANDERER № 81 «About labour inspection in the industry and trade» [67] which establishes one of the major mechanisms of maintenance of the control and supervision of observance of the national legislation regulating labour and other relations directly connected with them, including a labour safety. According to item 2 of the given Convention all system of labour inspection extends on all enterprises in which relation of the inspector of work are obliged to provide application of positions of the legislation concerning working conditions and to protection of workers in the course of their work. Article 3 of the specified certificate develops the given norm, opening a problem of system of labour inspection which, along with other, includes maintenance of application of positions of the legislation in the field of working conditions and safety of workers in the course of their work and maintenance of employers and workers the technical information and recommendations on most effective remedies of observance of legislative guidelines. It not only allocates labour inspection with control powers, but also assumes creation some kind of information basis for development of the most perspective an expert of realisation of the legislation in this sphere.

As a whole the labour inspection can be characterised as one of preventive mechanisms in maintenance of safety and hygiene of work to what item 13 of the Convention the SQUANDERER № 81, in particular, testifies. According to it inspectors of work have the right to demand acceptance of the corrective measures noted in any construction, the equipment or methods of work which they have the basis to consider menacing to health or safety of workers. Instructions of inspectors of work can be applied as to certain term in the future, and immediately, in case of direct threat to health and safety of workers.

Questions of maintenance of safety and hygiene of work are mentioned as well in the Convention the SQUANDERER № 110 «About working conditions on plantations» [68]. Within the limits of considered subjects special value get section 8 and 11 given certificates. So, section 8 contains positions about compensation for accidents on manufacture which basically are reduced to distribution on workers of plantations of the legislation on granting of corresponding indemnifications, and also to creation of equal conditions for foreign workers and citizens of the corresponding country under indemnification to the workers who have suffered from accidents in an operating time or owing to it. Also it is possible to reveal influence on the considered convention before the accepted Convention the SQUANDERER № 81 «About labour inspection in the industry and trade» as in section 11 of the Convention the SQUANDERER № 110 is fixed a complex of the legal statuses regulating work of labour inspections. And in the considered document any branch features of functioning of system of labour inspections do not come to light, in it bases and principles of functioning of all system, without specific signs of branch differentiation are reflected only. It testifies to aspiration to development

And to consolidation of system of labour inspections that is reached by implementatsii its general provisions in the Convention, a subject

Which regulations the certain kind of activity is.

Considering development of legal statuses in sphere of safety and hygiene of work, it is necessary to mention the Convention the SQUANDERER № 115 «protection of workers against ionising radiation» [69] which regulates labour safety questions in those kinds of activity which attract influence of ionising radiation on workers. An innovation is the establishment of direct interrelation of methodology and the means counteracting negative influence of ionising radiation, with achievements of science and technology. In particular, according to item 3 necessary measures on maintenance of effective protection of workers are applied in the light of the newest knowledge, and item 6 establishes, that as much as possible admissible doses and quantities of ionising radiation are constantly reviewed in the account of new knowledge. As a result it is possible to speak about formation of a principle of constant perfection of means and methods with which help safety and hygiene of work of workers is provided.

The convention the SQUANDERER № 120 «About hygiene in trade and establishments» [70] also comprises the positions supplementing the maintenance of institute of safety and hygiene of work. Speech, in particular, goes that item 4 contains the obligation about maintenance of coming into force of positions of the Recommendation the SQUANDERER № 120 «About hygiene in trade and establishments» [71] or others, equivalent to them. At the same time a number of requirements which are established by the Convention, also testify to proceeding development and fixation of the important positions. So, according to item 7 of a premise which are used by workers, and also the equipment should be kept clean and an order; according to the item 8 in premises should be sufficient suitable ventilation, natural or artificial, providing inflow of fresh or cleared air, in all premises sufficient and appropriate illumination, with a priority natural should be provided, and also in them the favorable and stable temperature (item 9 and 10 accordingly) should be supported. To the aforesaid it is necessary to add, that Convention item 11 establishes the requirement about an arrangement of workplaces and the equipment so that any harmful influence on health of workers was prevented, and according to item 12 potable water or other healthy drink should be given to workers in enough. The convention the SQUANDERER № 120 contains set of requirements and on other aspects.

On an example of the given certificate considerably approach change to the requirements, concerning maintenance of safety and hygiene of work. Proceeding from resulted above positions, it is possible to draw a conclusion, that problems of the institute extend and now it is necessary to create and support such safe conditions which in a certain measure correlate with comfortable conditions of realisation of labour activity.

Consideration of the Convention the SQUANDERER № 148 «About protection of workers against the professional risk caused by air pollution, noise and vibration on workplaces» should be begun with area of its action. As [72] it is specified in ch. 1 items 1, positions of the given certificate are applied to all branches of economic activities. Despite the fact that what ch. 2 items 1 are assumed by possibility of an exception of separate branches from sphere of application of the Convention, such wide sphere of action allows to approve, that development of institute of a labour safety occurs and in a horizontal plane. According to the Convention maintenance the measures directed on the prevention, restriction and protection against the professional risks caused by air pollution, noise and vibration are taken. Thus, Convention positions are directed both on preventive, and on current protection against the listed professional risks.

The convention the SQUANDERER № 152 «About the safety precautions and hygiene of work on port works» extends, proceeding from the name and item 1 maintenance, on the activity connected with port works. «Port works» are understood as all or a work part on loading or unloading of any vessel, and also any work connected with it. It is obviously possible to draw a parallel with the Convention the SQUANDERER № 28 «About protection against accidents of the workers occupied on loading and unloading of vessels» as the essence of the given certificates is directed on regulation of safety issues and hygiene of work in the same field of activity. It is necessary to note first of all considerable change of the approach to an establishment of norms: in the Convention № 28 bolshy the accent became on concrete positions to which observance the Convention obliged, and the Convention № 152, on the one hand, contains such general words, as "ought", "sufficient" etc. And with another — fixs more than [73] concretised obligations of the employer. In particular, item 16 not only establishes obligations of the employer on transportation of workers (as the Convention № 28 regulated), but also obliges it to provide safe planting and disembarkation. It, undoubtedly, testifies, along with decrease in number of strictly fixed safety precautions regulations, about growth of quantity of adjustable circumstances, including their concrete definition by breakdown on some components.

All spheres of economic activities fall under action of the Convention the SQUANDERER № 155 «About safety and hygiene of work and the industrial environment», and ch also. 1 item 2 specifies, that the Convention extends on all workers, thus according to the item «» items 3 workers admit the persons working on hiring, including working in public sector. The given Convention defines the important base of maintenance of a labour safety — the national policy in the field of safety of work, hygiene of work and the industrial environment. The purpose of this policy is defined in ch. 2 items 4, it consist in accident prevention and the damages of health resulting work, during it or in connection with it, by minimisation, how much it obosnovanno and is practically realizable, the reasons of the dangers peculiar to the industrial environment.

The investigated Convention also contains obligations on carrying out of gradual updating of the institute of safety and hygiene of work: so, item 7 provides, that position in area of safety and hygiene of work is periodically reviewed for the purpose of definition of the basic problems, revealing of effective methods of their decision and sequence of acceptance of measures, and also an estimation of results in the given area. It is necessary to notice, that Convention item 13 № 155 allocates the worker with the right to leave [74] work, in a case if it has good causes to believe, that it represents direct and serious danger to his life or health. It testifies to development of variability of ways of reaction of workers on the working conditions representing for them danger.

Evolution of preventive character of institute of safety and hygiene of work is traced also in the norms fixed by the Convention the SQUANDERER № 161 «About services of hygiene of work». According to the item « And »items 1 of service of hygiene of work represent services to which preventive functions and responsibility for consultation of the employer, workers and their representatives at the enterprise concerning creation and maintenance of safety and the healthy industrial environment which will promote optimum physical and mental health in connection with labour process are assigned basically, and also concerning adaptation of labour processes to abilities of workers taking into account a condition of their physical and mental health. Thus, formation of the safe industrial environment adapted under needs and requirements of workers is provided, that also develops the tendency of correlation of safety issues and comfort. The convention the SQUANDERER № 161 specifies and in necessity of perfection of the created legal statuses and structures, for example in ch. 1 items 3 it is said, that the Convention state-participant assumes liability to develop gradually services of hygiene of work for all workers. It is necessary to notice, that services of hygiene of work carry out functions, sufficient and considering potential dangers at the enterprise.

The convention the SQUANDERER № 167 «About safety and hygiene of work in

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Building »brings the contribution to development of understanding of safety and [75] hygiene of work. In particular, positions of the given certificate cover not only workers, but also the persons working not on hiring, that, in turn, speaks about essential importance of investigated institute both within the limits of the law of master and servant, and behind its limits. The positions containing in the given certificate, in bolshej degrees continue long-term tradition on fastening of a certain spectrum of restrictions and interdictions, at the same time enter into a legal field and a number of principles according to which the national system of safety and hygiene of work in building branch should be constructed. The requirements established by the given Convention, are directed both on employers, and on workers and contain korrespondirujushchie obligations for both parties. It is necessary to notice and that fact, that in the text of the investigated document have found the reflexion of a measure of preventive maintenance and protection, that once again confirms their special status as integral element of the base of construction of functioning system of maintenance of safety and hygiene of work.

Conclusions

As a result of the carried out research it is possible to approve, that the norms regulating maintenance of safety and hygiene of work of workers, have undergone the essential changes having positive influence on development of institute as a whole. In the course of the formation the labour safety considerably extended, in particular eventually more and more branches, means of production and various kinds of activity became a subject of regulation of the given institute, and also more and more working conditions demanded standard regulation.

It is possible to note and change of approaches to the maintenance of positions in the given area. First of all, at level of conventions the SQUANDERER the establishment of indemnifications in case of accidents on manufacture, an industrial traumatism and occupational diseases was initially provided only. Actually legal technics which underwent the positive transformations directed on achievement of more favorable conditions of development of institute of safety and hygiene of work has besides, changed also.

Results of the carried out research allow to approve, that maintenance of safety and hygiene of work of workers is put in direct dependence on development of technologies and the newest knowledge of methodology and means with which help it is possible to reach optimum working conditions.

In the course of the given research the essence of evolution of the conditions providing safety and hygiene of work of workers has been revealed. During scientific and technical progress there were new calls which the society faced, and the problems generated by them became motive power for formation of the is standard-legal regulation directed on struggle against them. In addition to the aforesaid it is necessary to note and importance of political will by means of which the given norms got real fastening in corresponding certificates. However even the most progressive achievements of legal thought embodied in documents of the International organisation of work, have been directed on the permission only those problems which already had negative influence on a society. At the same time research of development of the norms providing safety and hygiene of work, taking into account society and science development and technics as a whole, gives the chance to predict occurrence of new difficulties further. So, it is necessary to pay attention to prompt rates of development nanotehnology,

Robotics, and also digital space, that together with constant growth of number of mankind will inevitably lead to consequences at which due maintenance of safety and hygiene of work will be inconvenient.

The specified consequences with a high probability will lead to that the rate of unemployment as the majority of kinds of the work assuming constant performance of in advance set algorithm of actions, most likely, will be carried out by the automated mechanisms will be essentially increased. In such situation the worker will be necessary only as a binding and supervising link between the automated systems, that substantially will reduce workplaces. The position which has developed in such conditions on a labour market will lead disbalansu a labour supply and demand that will negatively affect motivation of the employer in a due measure to give necessary level of working conditions, including providing safety and hygiene of workers.

The system of responsibility of employers for granting of corresponding conditions, probably, will degrade also in view of that, for example, too high level of responsibility can promote a considerable damage of their activity — up to ruin, that will even more aggravate a situation on a labour market as a whole. It is simultaneously necessary to notice, that strengthening of measures of responsibility with a view of prevention of occurrence of those or other infringements is the most widespread practice on struggle against them though its efficiency is not so great.

Otherwise responsibility of employers for an unaccordance of the working conditions answering to the international and national standards, can be lowest and it will be more favourable to them to bear the given responsibility, than to provide necessary conditions, that also will be negative to affect level of safety and hygiene of work of workers.

For this reason the author of dissertation comes to conclusion, that it is the extremely important to provide such level of responsibility which will guarantee execution of corresponding positions of a labour safety in legal regulation. It is simultaneously necessary to spend educational work, informing employers about the importance of execution of obligations on maintenance of safety and hygiene of work and opening investment potential of the given norms. After all at detailed studying of the given question it becomes obvious, that correctly organised work on prevention of injury of a life and health of workers allows to reduce to a minimum risk of accidents on manufacture, to lower probability of reception of industrial accidents, occupational diseases and to prevent approach of other adverse consequences. So, in case of appropriate maintenance of safety and hygiene of work of workers the employer receives appreciable economy for following reasons:

— There is no necessity of derivation of resources, both financial, and human, for investigation of accidents on manufacture;

— In work there is no idle time which, naturally, negatively affects a financial position of the employer;

— There is no necessity of realisation of direct costs on payment of penalties and indemnifications in connection with approach of accidents to manufacture;

— Elimination of psychosocial factors allows not only to level corresponding negative consequences in a kind prezenteizma (from English present — to be present; a situation when the worker spends on a workplace of more time, than it is necessary or it is required employment contract conditions), absenteeism (the total of lost working hours or frequency of cases of absence of the employee on work) or burning out on work which lead korrespondirujushchemu to decrease in efficiency of workers but also to raise efficiency of their work by an establishment of clear motivational stimulus and space for personal growth.

It is important, that similar work is already led, for example in frameworks publikatsionnoj activity of regional bureaus of the International organisation of work, but the given question should give bolshee attention in strategic and program documents the SQUANDERER, and also to propagandise such approach within the limits of the concrete states.

It is necessary to underline, that the carried out analysis of development of the norms directed on maintenance of safety and hygiene of work, mediates formation of the forecast of its further development. It is represented, that obligations on periodic updating of positions of the legislation regulating a labour safety, with a view of an establishment of the most effective methods of counteraction to risks and the threats arising in the course of labour activity, will lead to formation of the concept of the excluded risk causing an exception of human work from those or other branches of economic activities by means of replacement of workers on automated systems not only in view of bolshej of efficiency, but also with a view of prevention of accidents on manufacture. Such obligation is the most probable on such kinds of works which owing to the essence are harmful, dangerous and interfaced to a high risk level. Such concept can take place because of proceeding expansion of high technologies to various branches of the economic activities, which results should replace human work. At the same time forecasting of formation of such concept is in full dependence on availability of the named technologies for employers. It is represented, that it logically supplements the Concept of worthy work with the following thesis: Thus, the thesis of the given concept is generated: «When risk of influence of the harmful and dangerous working conditions, predetermined by specificity of work and a workplace of the worker, it is impossible to exclude, it is necessary to abolish such workplace and to replace the worker

The automated means when it is technically possible ».

By results of the given research the author marks characteristic for sphere of maintenance of safety and hygiene of work dualism of system of indemnifications. On the one hand, it is directed on support of the worker in the invalidity, having for an object to compensate it impossibility to work and damnified its health, on the other hand, it is the warning factor that is a component of the most protective mechanism of the labour safety directed on bar of claim by lapse of time of occurrence of accidents. Thus, motivating influence of indemnification is directed and on the employer that he, realising consequences of default of the legislation on a labour safety, aspired with all completeness not only to provide observance of minimal requirements to labour safety conditions, but even to exceed them. One of the stimulus, capable to induce the specified aspiration, the employer's liability establishment for non-observance of requirements of a labour safety not only before the state, but also before the worker, with excess of the size of work capacity of the worker of indemnification necessary for restoration is.

Hence, principles of sufficient efficiency and fair responsibility which are defined by set of indemnifications necessary for elimination of adverse consequences for health, and in case of impossibility of their elimination — for maintenance of a life of the worker, at the same time and penal actions should become a prominent aspect of application of measures of responsibility. Thus the states at an establishment of measures of responsibility for non-observance of conditions of maintenance of safety and hygiene of work recognise that provided for employers and workers of the sanction are for them considerable costs, however do not lead to solvency loss and consequently can be stretched in time (in case of application of financial measures of responsibility). The principle of fair responsibility consists that in case both the worker, and the employer have to the full provided according to the accepted standards of a condition of safety and hygiene of work the state fills the had losses to employers and compensates harm to workers.

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A source: Vorontsov Dmitry Igorevich. LEGAL REGULATION of MAINTENANCE of SAFETY And HYGIENE of WORK by CERTIFICATES the SQUANDERER. The dissertation on competition of a scientific degree of the master of laws. Moscow - 2018. 2018

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  12. Lenshin Artem Aleksandrovich. Influence of the concept of worthy work of the International organisation of work on development of the labour legislation of the countries of the Euroasian economic union. The dissertation on competition of a scientific degree of the master of laws. Moscow,
  13. evolution of international legal regulation of information relations from the point of view of maintenance of information safety.
  14. §4. Features of the international and national-legal regulation of work of foreign members of crews of fishing vessels
  15. §1. Features of international legal regulation of work of members of crews of fishing vessels
  16. § 3 Ecological aspects in international legal certificates of the right of the international safety