UIC 331.4
THE COMPARATIVE ANALYSIS OF THE CONDITION OF LABOR
PROTECTION IN THE WORLD
Batesova F.K. - ñand.
tecn. sci., ass. Professor, Kazakh National Technical University after K.I.Satpaev
Pirmanova A.M. - the student of Kazakh
National Technical University after K.I.Satpaev
Pirzhanova G.I- the student of Kazakh National Technical University after K.I.Satpaev
Abstract: One of the major
issues are: Improvement of conditions and labor protection, preservation
of life and health working. This
article consider the condition of the country, also labor protection of
Kazakhstan with Spain and the USA.
Keywords: labor
protection, accidents, level of the production traumatism, control system of
labor protection.
Issues
as improvement of conditions and labor protection, preservation of life and
health of the workers were one of the
important directions in the social and economic policy of the states also
it demands searching of their effective
decision, as at the state level, and at the level of branches, regions,
economic entities. It is proved that traumatism, it is the result of accidents
that is why, it became one of the vital problem in worldwide. In spite of the
legal framework and an abundance of the
declarations, many issues as labor protection remain unresolved. According
to another report of the International Labour Organization, Kazakhstan included
into the so-called "black list" in terms of injuries and deaths in industrial facilities, along with such
countries as Liberia, Ukraine and Poland. Well why our country is included in
such dubious leadership it is because
of the non-compliance of the standards of equipment and safety also low level
of labor protection. With the another words it is «human factor», one the one
hand it is insufficient participation
of resolution of this problems by not only the employers, also by the state. At
the enterprises of Kazakhstan annually are injured more than two thousand
employees. In 2010, the manufacturing have died 363 people. In hazardous
conditions employs more than 630,000 people.
As
seen in Figure 1, for the analyzed years the frequency rate of occupational
injury fatalities for the whole country decreased, but in 2011 it increase to 32,21% compared with 2010.
Figure 1 - Dynamics of
occupational injuries for 2006-2011
Following
the results of 2011 at the enterprises and the organizations of the country,
about 2844 people were suffered on the production (in 2010 - 2151 people). Level
of operational injuries with a deadly outcome decreased by 11,29% and made 322
dead (for 2010 - 363 people). The highest level of operational injuries with a
deadly outcome takes place in Karaganda (53 people), East Kazakhstan areas
(35), and also in the cities of Astana (24) and Almaty (24).
According
to Committee of control and social protection, the Ministry of Labour and social protection of population of the
Republic of Kazakhstan analyzed that a lot of people suffers from the mining industry during the period 2007 till 2012 that is why it keeps a sad position. The analysis of the
occurred traumatism cases for 2011 showed that the greatest number victims took
place in construction branch - about
413 people , at the enterprises as
mountain metallurgical industry - 334 people, in budgetary organizations
- 270 people, and on small business enterprises - 175 people. The main causes
of occupational injuries are still technical (design flaws and faults of
machines, equipment, imperfection of technological processes), organizational
(violation technological processes, the lack of the necessary technical
documentation, etc.) and personal (psychological and psychophysiological -
imprudence and carelessness because it's influence to the external factors,
fatigue, wrong actions and etc.). Is required tightening of control and
supervision by public controlling authorities and trade unions for the proper
observance of the requirements legislation on labor protection at the
enterprises institutions and organizations irrespective of the ownership. It's
important to systematize the rules and regulations for the protection of labor state
level. It means the adoption and legislative consolidation of new standards,
rules and regulations on labor protection, promotion of knowledge. Employes as
well as supervision must know the rules
and regulations on occupational safety. Acceptance and legislative fixing of
new standards, rules and norms on labor protection, promotion of knowledge in
this area among all categories workers as norms and rules on labor protection
have to know not only workers but also the control authorities and supervision,
and also all citizens should know the rules. It is also necessary to fix all legislative requirements of
modernization and equipment of the
productions which can be harmful and dangerous for working conditions,
and it's important to establish the
rigid control, behind this process. The control system of labor protection
(CSLP) is developed. That is why all rules exist for For implementation of
internal control of observance of safety requirements and labor protection in
the Enterprise. SUOT contains a complex of provisions and actions
(instructions, orders, permissions and other normative documents in the field
of labor protection) which establish a uniform order organizations of work on
safety and labor protection. The purpose of SUOT is providing safe and healthy
working conditions, prevention of influence dangerous and harmful factors on
working, injury and occupational diseases. The basis of SUOT is: Constitution
of the Republic Kazakhstan, the Labour code of the Republic of Kazakhstan No.
251-111 from 2007.05.15, the Law of the
RK "About industrial safety on hazardous production
facilities" No. 314-11 from 2002.03.04 and others legislative and
regulations of labor protection. Internal control includes the organization of
supervision over a working conditions,
carrying out the operational analysis of data of production control, assessment
of risks and taking measures for elimination of the found discrepancies with
requirements for safety and labor protection. During the period from 2012. 6th
till September 7th, the there was the
seminar which devoted to bases of the strategic is held planning in the sphere
of safety and labor protection and for improvement of system managements of
labor protection in the Republic of Kazakhstan. This seminar was conducted by
The Ministry of Labour of social protection of the population of the Republic
of Kazakhstan. Experts of the International Labour Organization (Moscow),
representatives of the social partners and the interested government bodies,
and also research associates research institutes and national centers took part
in this seminar.
At
a seminar raised up the issues, as: safety and condition of employees in workplaces, and also problems of the social
partnership in the sphere of labor protection.
On
April 25, 2013 in the capital of the
Republic of Kazakhstan Astana was the 3rd international conference and
exhibition on labor protection and industrial safety of KIOSH 2013. According
to the the International Labour
Organization about 270 million people
receive injuries on production, and about 160 million people suffer from the
professional diseases. In the Republic of Kazakhstan for last 20 years the level of the production was reduced traumatism,
about 3 times, but unfortunately, the level of occupational diseases tends to
the preservation at the former level. Let's consider the experience of these
countries which has shown below. Labor protection in the USA Issues of labor
protection in this country play quite important role for a long time.
Legal
basis of the operating state system of labor protection in the USA is the law
on safety of work on production which adopted in 1970. This law was the federal
agency of Management of safety of work on production, which became the main executive body providing
implementation of laws on all territories of the USA. In each staff the laws
were adopted and the executive are created by bodies in the sphere of safety of
work. UBTP and appropriate State Department of Labor produce various
regulations related to various constraints use of hazardous materials,
industrial ventilation requirements
facilities, water supply, storage, industrial waste, etc. Businessmen
are obliged to inform workers about the existing dangers productions, they must
to to train them for safety.
Businessmen also are obliged to fix any cases of operational injuries and loss
of the worker time as a result of occupational accidents. Any employee has the
right to address in UBTP concerning the available problems with labor
protection on the specific worker place. These data provide the basis for
decision-making UBTP for choosing specific industries and companies to carry
out inspections. If the production had a case of fatal UBTP involved in the
investigation without fail. UBPT annually spends tens of thousands of checks
and puts tens of millions of dollars of fines on employers. Laws and
regulations on occupational safety and health in the United States are required
to comply with and enforceable in all enterprises, including small and medium
businesses
For
the help of victims in the USA there is the state system of insurance on
operational injuries. Insurance on operational injuries (SPT) provides payment
of allowances and delivery of health care to affected and their families.
In
the USA the first law on insurance on operational injuries was adopted in 1908
(law on insurance of federal workers). According to it limited allowances were
provided a lot of categories of federal workers, which performed work with the
increased risk level. The first laws on insurance on operational injuries were
accepted in 1911 by nine states, and by 1920 only eight states had not such
legislation. Only on the1949.01.01 , last staff, which called
Mississippi, accepted a protection program of the workers
who lost working capacity on production. In the USA Strategy of labor
protection and safety of workplaces is not
a part Strategic plan of the Ministry of Labour of the United States for
the finan cial period 2006-2011. This document reflects the main directions of
the federal agency,
responsible
for labor policy in response to the challenges of the XXI v.Sodeystvie safe, healthy and secure
workplace is a third of the
four
strategic objectives of the US government at work. To achieve this, the US
Labor Ministry intends to develop new and innovative approaches and law
enforcement programs aimed at protecting the health and workers' rights.
The
document notes that since the adoption in 1970 of the federal law on
occupational safety and occupational health of workers in America was as a part
of achieving the third strategic objective
which meets the new challenges in demographic change, as terrorism which demands for natural resources. The mining industry is
traditionally located in the area of special attention of the US government: in
1977, a federal law on the protection of health and safety in mines.
Labor
protection in Spain
In
Spain inspection of work is a part of the Ministry of Labour and Social
Protection. Its CEO bears responsibility before the deputy minister for
management, planning and the organization of work of inspection. In spite of
the fact that candidates for a post of the CEO of inspectorate are originally
offered by the Minister of work, final appointments have to be approved by the
cabinet. The insurance companies providing compensation payments in case of
production injuries or diseases which
take a vital place in system of labor protection of the country.
According
to the law employers, and also workers and employees have to contribute to
National institute of social protection which provides privileges, such as an
old-age pension, and also payments due to illness and disability. Besides, in
Spain there are various insurance agencies. They collect insurance from the member of companies and then compensate them, which means that
employers on payment of a salary the worker and the employee in the
period of absence them at work on the reason of production accidents or
diseases, and also that worker and the employee who have any degree of
disability received as a result of accident or a disease. As a matter of fact,
it is the insurance agencies authorized by the Ministry of Labour and Social
Protection, working at a non-profitable basis. Their main role is a rendering a financial support in the period
of the absence at work caused by production accidents or diseases and also ensuring
compensation payments. They play a preventive role, but it only secondary and
very insignificant function concerning those resources which they intend for
this purpose.
The
national council on economy and social problems – the body including employers, workers and employees, and also the
government is a national forum which concern
all offered bills considering the problems connected with health
protection. Thus, we see that the role of the state in the field of labor
protection in Spain is quite important. The requirements and regulations
concerning labor protection are obligatory for all enterprises. Spain is the
country with quite favorable business, and
it is necessary to notice that the number of checks is minimum
there. Today observance of conditions
of labor protection economically for any enterprise, can be small or average.
Improvement of norms of labor protection
correspond as interests of each worker and the enterprise, and in general all
national economy. Costs of labor protection pay off both in country scales, and
at the level of separate production. At least, 4-5% of GDP in Kazakhstan
annually it is lost because of the accidents and diseases connected about the
labor activity. For ensuring protection of the labor law of citizens, including
the right for safe working conditions, the National program for labor
protection which would include national policy, strategy and algorithm of
actions according to the principles and tasks in this area proclaimed at the
highest level is necessary for our country. After all comfortable and safe
working conditions are one of the major the factors influencing productivity of
all business, in general.
The literature
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