Some theoretical and practical problems of legal protection of occupational safety: national and international aspects

Abstract

The academic article deals with certain issues of the theory and practice of regulatory regulation of labour protection in Ukraine. Main organisational and legal forms of occupational safety and health, as well as main tasks of labour protection management in the country, are defined. Philosophical, general scientific and special legal methods of cognition, including but not limited to formal-legal and comparative legal methods, were used for the research. It is noted that Ukraine’s health and safety situation is one of the most challenging in Europe. The authors also state that importance of the psychological climate in the workplace and its impact on the production process cannot be underestimated, so relevant measures in the context of its improvement are proposed. The article highlights certain aspects of labour protection regulation at the international legal level in general (ensured by the International Labour Organization) and at the level of the European Union in particular, as well as the impact of relevant standards on national legislation. The authors formulate proposals for improving the labour protection institute in modern economic conditions in Ukraine, including but not limited to: implementing innovative legal education and training programs focused on occupational safety and health;, creating/improving safe working conditions under martial law, including proper equipment of shelters for use during air raids; ensuring submission of a draft law on improving penalties for violations of labour protection legislation, which will increase employers’ responsibility for compliance with labour protection legislation. It is concluded that the occupational health and safety management system shall be based not only on measures taken by the state, but also on the interest of the parties to labour relations in maintaining the proper physical condition of the employee, which is inextricably linked to the economic and social well-being of the employer.