Sarsembenova
Orynzhamal, Myratov Serikzhan, Myratova Bakhyt,
Moldabaeva Zhаnar, Baitukenova Sholpan
Semipalatinsk state university named after
Shakarim, Kazakhstan
LABOR PROTECTION AT THE ENTERPRISE
Бұл мақалада ҚР Еңбек
заңнамасы сұрақтары мен еңбек қорғау
мәселесі қарастырылған
В данной статье рассматриваются
вопросы в области охраны труда и Трудового законодательства
Республики Казахстан
At the
present time many heads of the industrial enterprises in a pursuit of profit
and orders for production don't pay sufficient attention to labor protection
and training of specialists in this area.
But it
isn't necessary to forget that level of competitiveness of the made industrial
output, increase of its quality depends not only on the production of
technology, extent of preparation of the staff.
But
also how problems in the field of labor protection and safety measures are
solved at the enterprise.
A labor
legislation of the Republic of Kazakhstan is based on the Constitution of the Republic
of Kazakhstan and consists of Labor Code, laws of the Republic of Kazakhstan
and other normative legal acts of the Republic of Kazakhstan.
Let
consider the basic concepts and determinations from the Labor Code of the
Republic of Kazakhstan: labor is the activity of man, which is directed to
creation of material, spiritual and other valuables that necessary for life and
for satisfaction of needs of man and society.
Terms
of labor are the terms of payment, the valuation of labor, the working hours
and rest-time, the order of combination of professions (positions), the expansion
of service zones, the implementation of temporally absent worker’s duties, the safety
and labor safety, the technical and industrial and domestic requirements, and
also another labor conditions that agreed by the parties.
The
labor safety is the state of protection of workers, provided with the complex
of events, precluding the influence of harmful and(or) dangerous productive
factors on workers in the process of labor activity.
The terms
of labor safety are accordance of labor process and productive environment to
the requirements of safety and labor protection at implementation by the worker
of labor duties.
The monitoring
the safety and labor protection is the observing system on the state of safety
and labor protection on a manufacture, and also estimation and forecast of the
state of safety and labor protection.
The
labor protection is the system of providing of safety of life and health of
workers in the process of labor activity, including the legal, social and
economic, organizational and technical, sanitary and epidemiological, medical
and preventive, rehabilitation and another events and facilities.
The
safe labor conditions are the terms of labor, created by an employer, at that
affecting on worker of harmful and(or) dangerous productive factors are absent
or the level of their influence does not exceed the norm of safety;
The principles
of labor legislation of the Republic of Kazakhstan:
- the impermissibility of human
and citizen rights’ limitation
in the field of labor;
- the freedom of labour;
- the prohibition of
discrimination, force labor and the worst forms of child’s labor;
- providing the right to labor conditions, that requires to safety and hygiene;
- the priority of worker’s life and health in
relation to the results of productive activity;
- providing the right to fair
remuneration for labour not less
of low-limit of salary;
- providing the right to rest;
- the equality of rights and
possibilities of workers;
- providing the right to workers and employers on
an association for the protection of the rights and interests;
- the social partnership;
- the government control of safety
and labour protection questions;
- providing the right to the representatives of
workers to realize a public inspection to the observance of labour legislation of the Republic of Kazakhstan.
The labor safety training (to the safe methods of
labor) is one of important questions of labour protection on a manufacture. The State standard 12.0.004-90 «Organization of labor safety
training to workers. Generals» establishes
the order and types of training workers, engineers and employees. Accordingly the State standard
12.0.004-90 instructing is subdivided (divided) into: introductory, primary in the workplace, repeated,
extraordinary and current.
The
introductory instructing on accident prevention is held for all again starting work
workers, engineers,
employees, servings and students, directed to pass the work practice. The aim of instructing is to give general
knowledge on accident prevention,
labor
health, the
rules of behavior on territory and in the workshops of enterprise.
The primary instruction in the
workplace is spent all renewed in the
enterprise, translatable from one division to other, with seconded, students, who came to the work training or practice.
The repeated
instructing is spent not less than 6 months with the purpose of
verification and increase the level of rules knowledge on a labor safety regardless of
qualification, education and experience of work.
The extraordinary instructing
is spent at the change of rules in a labor safety; change of technological
process; replacement or modernisation of equipment and etc.
The current
instructing is spent with
workers before the production of works on that permit-issued.
Common work guidance
on educating,
labor safety and accident prevention,
and also responsibility for the correct presentation of this work rests with
the managers of the enterprise (establishments): director, main engineer, and
in workshops, departments, laboratories - on the corresponding leader of area: chief
of department, head of the laboratory, the shift manager, master, etc. The direct organization of
work on accident prevention, the control after the observance of rules and norms of
accident and industrial hygiene, and also events on creation of healthy and
safe conditions are imposed
on the Health & Safety.
Health &
Safety service submits directly
to the main engineer of enterprise and carries out all work under his guidance.
A main
engineer organizes also educating of technical and engineering employees to the
safety rules and, in addition, educating and instructing on accident prevention
all working and decides a number of the questions related to accident
prevention.
Chiefs of
workshops, of shifts, productive areas and others are obliged to deal with creation on the workplaces of
perfect security conditions, at that accidents and professional diseases would be eliminated. They spend the necessary
instructions of workers and carry out control above correct implementation by them instructions on
accident prevention and by leading production process, control above the rightness of
realization working reception and handing over of changing.
The Health
& Safety workers
have the right to inspect the state of safety in all the shops and enterprises in areas; to give to the
leaders of workshops, departments and productive areas the order to eliminate the existing
shortcomings and violations of safety rules (these pointings can be anniented only by enterprise guidance); to forbid work on the separate
productive areas of enterprise, aggregates, machines and machine-tools in terms
of obviously dangerous for
life or of health of working, with immediate notification about it to the enterprise guidances; to
take action with decommissioning of
equipment, and also withdrawal the instruments, inventory and facilities at disparity to their
requirements of safety rules; to require from workshops leaders and departments
the systematic account and
timely investigation of the accidents, related to the production, as well as
providing jobs safety instructions; to get certificates and explanations from the workshops leaders,
areas and other divisions of enterprise by the accident prevention questions; to
inspect the knowledge of workers in
the workplace and
to give require pointings for guidance and area workshops on discharge the
persons from
work,
who do not
have necessary knowledge about safety and instructions
rules.
A
considerable role in creation of healthy and safe labor conditions is taken to public
organizations - trade-union committees, public inspector on a guard, and also
organs of the State technical supervision.
All these
events are directed to on maintenance the enterprise workers health.
References:
1.Labour Code of Republic
of Kazakhstan. Astana. on May, 15, 2007
2.State standard 12.0.004-90.