A new era in the labor protection of workers: safe and healthy environment as one of the goals of sustainable development

Author:

Golovina Svetlana Yu.1ORCID,Shcherbakova Olesya V.1ORCID

Affiliation:

1. Ural State Law University named after V.F. Yakovleva

Abstract

The course developed by the UN General Assembly to achieve the Sustainable Development Goals in the context of the introduction of new technologies, automation and robotization of production naturally determines the transformation of the approach to the legal regulation of labor protection. At the same time, the established practice of applying labor legislation and statistical data have revealed a number of problems of inefficient interaction between employees and employers on issues of ensuring safe working conditions. The article aims to analyze the current legislation in the field of labor protection from the perspective of the triune essence of labor relations. We have paid special attention to the influence of a combination of biological phenomena, psychological factors and social events on the development of occupational diseases and injuries, ignoring which significantly levels the effectiveness of current requirements and rules in the field of occupational safety. Empirical research consists of several stages. At the first stage the authors have carried out a selection of norms that are novelties in the field of legal regulation of labor protection. Within the framework of the second stage, using systematic, formal-legal and comparative-legal methods, researchers have analyzed these norms from the point of view of the triune essence of the labor legal relationship. Subject of the study is the rights and obligations of employers in the field of labor protection enshrined in legislation and necessary to ensure safe working conditions. At the third stage, we have identified psychological factors and social phenomena that accompany an employee during his life, and not only during working hours. At the last stage, using systematic, formal-legal and comparative-legal methods, experts have analyzed the influence of the combination of these factors and phenomena on the receipt of occupational diseases and injuries by employees. The results of the study show that the current legislation does not take into account that psychological factors and social events can act in a causal relationship with the development of occupational diseases in workers and their occupational injuries. At the same time, there are no legal obstacles for the employer to take into account these determinants when regulating the sphere of labor protection at the local level. Improving professional skills and knowledge in the field of occupational safety, occupational safety culture, the level of accessibility to information about their rights, including in the field of occupational safety, taking into account the social and structural characteristics of conditions mediating the life of workers - all this will increase the effectiveness of legal regulation of the field of occupational safety at the local level. Conclusion. The study concludes that the most important issues remain unaddressed, among which are the creation of a psychologically comfortable working atmosphere, the prevention of professional burnout of employees, the possibility of recognizing professional burnout as an occupational disease with all the consequences that follow from this. In addition, the authors came to the conclusion that, in order to implement the protection of personal data of employees, a more detailed regulation at the legislative level of the process of monitoring by the employer of the labor activity of employees. Ethics. This study did not require the conclusion of the Ethics Committee.

Publisher

FSBI Research Institute of Occupational Health RAMS

Subject

General Medicine

Reference24 articles.

1. United Nations Sustainable Development Goals. Available at: https://www.un.org/sustainabledevelopment/en/sustainable-development-goals/ (accessed 04/20/2022) (in Russian).

2. Ahonen E.Q., Fujishiro K., Cunningham T., Flynn M.A. Work as an inclusive part of population health inequities research and prevention. Am. J. Public Health. 2018; 108: 306–11.

3. Closing the Gap in a Generation: Health Equity through Action on the Social Determinants of Health: Commission on Social Determinants of Health Final Report. World Health Organization: Geneva, Switzerland; 2008.

4. National Institute for Occupational Safety and Health and American Society of Safety Engineers (NIOSH/ASSE). Overlapping Vulnerabilities: The Occupational Safety and Health of Young Workers in Small Construction Firms. NIOSH Publication. 2015; 178.

5. Ivanov S.A., Livshits R.Z., Orlovskiy Yu.P. Sovetskoe trudovoe pravo: voprosy teorii. Moscow: Nauka, 1978 (in Russian).

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