Abstract
This paper discusses one of the main problems in labour and industrial management in the occupational and industrial safety field - motivation to work safely. The problem is complex and should be solved by a set of measures, where the assignment of responsibility to employees for the results of their work is absent, including in the field of labour protection and industrial safety. In accordance with the obligatory management principles, employees' work resolves to the strict implementation of the actions prescribed by the regulations. The responsibility for the negative result rests with the person who enacted or instructs employees. Thus, the employee is practically exempt from responsibility for the final result. One of the possible solutions to this problem is to put an assignment of responsibility on the employees for the results of their activities also in the occupational and industrial safety field. This is illustrated by the experience of other states, particularly of Australia. In conclusion suggestions for improvement and development of the motivation system in the field of occupational and industrial safety.
Highlights
Article 212 of the Labour Code of the Russian Federation stipulates that "the duties in respect of ensuring labour safety in the organization are imposed on the employer"; follows a list of many conditions that the employer must ensure
When an event falling under this article occurs, there arises a problem of justifying the causal relation between the action or inaction of an employee and the accident that caused such "grave injury to human health or major damage." when identifying such dependence, few turn to the obligations of the ‘employer’ stipulated by the Labour Code of the Russian Federation and the duties of the ‘organization’ contained in the Federal Law "On Industrial Safety of Hazardous Production Facilities", while the Criminal Code is aimed at a particular responsible person
In accordance with the Criminal Code of the Russian Federation, the mechanism and the logic of assignment of guilt in labour protection and industrial safety issues is based primarily on the provisions of the rules for the safe conduct of mining, construction and other works. These rules regulate the activities of performers of mining, construction and other works and are violated mainly by the middle-ranking managers and specialists and blue-collar professionals. Both the Criminal Code of the Russian Federation and the Industrial Safety Rules in the sectors of Russian economy were adopted much earlier than the current legislation of the Russian Federation on labour protection and industrial safety, which largely relies on foreign labour protection experience
Summary
Article 212 of the Labour Code of the Russian Federation stipulates that "the duties in respect of ensuring labour safety in the organization are imposed on the employer"; follows a list of many conditions that the employer must ensure.Article 9 of the Federal Law "On Industrial Safety of Hazardous Production Facilities" begins with the words: "An organization operating a hazardous production facility shall", and there is a multi-page recitation of duties. In accordance with Article 216 of the Criminal Code, "violation of safety rules during mining, building or any other activities, if this has involved by negligence the infliction of grave injury to human health or major material damage, shall be punishable" either by a fine or by deprivation of liberty. When an event falling under this article occurs, there arises a problem of justifying the causal relation between the action or inaction of an employee and the accident that caused such "grave injury to human health or major damage." when identifying such dependence, few turn to the obligations of the ‘employer’ stipulated by the Labour Code of the Russian Federation and the duties of the ‘organization’ contained in the Federal Law "On Industrial Safety of Hazardous Production Facilities", while the Criminal Code is aimed at a particular responsible person
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