System signs of statutory regulation of occupational health and safety in the Republic of Poland

2021 ◽  
Vol 28 (3) ◽  
pp. 238-247
Author(s):  
Vitaly L. Yarotskiy ◽  
Yuriy D. Dreval ◽  
Svitlana O. Zaika
Keyword(s):  
Occupational Health ◽  
System Analysis ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
Legal Regulation ◽  
State Socialism ◽  
Labour Relations ◽  
Legal Method ◽  
The Republic ◽  
Statutory Regulation

The study analyses the question of the essence and structure of statutory regulation of occupational health and safety in the Republic of Poland. The relevance of the subject under study is primarily explained by the fact that in Poland, against the background of undoubted economic success, there is an intensive process of improving the legal and organisational foundations of the corresponding range of social and labour relations. The study of this issue is of paramount importance for those countries that had approximately the same “starting conditions” with Poland – the recurrence of state socialism, which devalued the principles of a market economy and the possibility of full protection of working people. The purpose of this study is to present and substantiate the systemic features of occupational health and safety in the Republic of Poland in difficult present-day conditions. The study is based on understanding the methodology as a complex integrated system of perception of reality and scientific cognition, and conducted based on the necessary scope of methods, namely: method of system analysis, historical legal method, structural-functional method, comparison method, special comparative legal method, and cross-temporal analysis. The authors of the present paper noted that the statutory regulation of occupational health and safety in the Republic of Poland has all the features of systemic nature. Most importantly, this is explained by the harmonious correlation of two components: purely statutory and legal support of the corresponding share of social and labour relations. Notably, the statutory regulation of occupational health and safety is undergoing continuous improvement depending on current challenges and threats. For countries that have been united with Poland in the recent past in the form of state socialism, the experience of establishing the work of tripartite participants in social dialogue (government agencies, employers' and workers' representatives) is also important. The scientific value of the present paper primarily lies in the necessity and feasibility of analysing the systemic features of statutory regulation of occupational health and safety. In this case, it is important to use both the method of system analysis and a clear distinction between the concepts “system research” and “research of systems” (the latter in this case appears both as a system of legal regulation of occupational health and safety and as a complex set of public authorities and other organisations involved in the important task of ensuring due occupational health and safety)

Drawing the Line between Dismissal for Alcoholism (Incapacity) and Dismissal for Drunkenness (Misconduct). Are the Boni Mores Compromised?

2018 ◽  
Vol 41 ◽  
pp. 57-63
Author(s):  
Thandekile Phulu
Keyword(s):  
South Africa ◽  
Economic Development ◽  
Social Justice ◽  
Occupational Health ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
Fundamental Rights ◽  
Labour Relations ◽  
Labour Practice ◽  
The Republic

In South Africa employees are protected by various pieces of legislation. Section 23 of the Constitution of the Republic of South Africa 1996 provides for a right to fair labour practice. In its preamble the Labour Relations Act 66 of 1995 (hereafter referred to as the LRA) states that the purpose of the Act is to advance economic development, social justice, labour peace and democratisation of the workplace. The LRA also states that one of its objectives is to give effect to and regulate the fundamental rights conferred by section 27 of the Constitution. The Occupational Health and Safety Act as amended by the Occupational Health and Safety Amendment Act 181 of 1993 provides for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery. The LRA provides for dismissal for incapacity and dismissals for misconduct. It also differentiates between the two. The LRA provides for both substantive and procedural fairness when dismissing an employee for incapacity and misconduct. This paper will examine the rationale behind differentiating between dismissal for drunkenness and dismissal for alcoholism.

Development of system of automated occupational health and safety management in enterprises

2021 ◽  
Vol 1 (107) ◽  
pp. 28-41
Author(s):  
A.P. Bochkovskyi ◽  
N.Yu. Sapozhnikova
Keyword(s):  
Occupational Health ◽  
Economic Efficiency ◽  
Social Insurance ◽  
System Analysis ◽  
Safety Management ◽  
Occupational Injuries ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
Management Systems ◽  
Negative Factors

Purpose: Develop a system of automated occupational health and safety management to improve the procedure for minimizing occupational risks and ensure comprehensive protection of employees from the impacts of negative factors of the systems "man - machine - environment". Design/methodology/approach: The following set of scientific methods was used in the study: analysis of normative-legal documents and scientific-technical literature in the field of building and functioning of occupational safety and health management systems, methods of system analysis, simulation methods, namely discrete-event simulation (DES) of random and dynamic processes, methods of decision theory and data mining. Findings: Based on the results of the research, a system of automated occupational health and safety management, which due to the connection the functionally independent elements (according to a certain scheme) allows to provide comprehensive protection of employees from the impacts of negative factors of the system "man - machine - environment" and reduce occupational injuries and diseases, was developed. This is done by constant monitoring and promt correcting of parameters of impact on the employee of the specified factors. The developed system was implemented in the occupational health and safety management system of the industrial enterprise "Stalkanat-Silur" (Odessa, Ukraine), resulting in reducing the number of accidents, in particular, in dangerous areas of production by 33.3%, increasing the economic efficiency of the enterprise through increasing the level of productivity by 5% and reducing in the number of social insurance payments by 11%. Research limitations/implications: The developed system can be implemented both within separate industrial premises and in the enterprise as a whole, but the number of its elements could be changed (increase / decrease) depending on the number of jobs and dangerous areas that need control. Practical implications: The implementation of the proposed system allows to increase the level of economic efficiency of the enterprise by increasing the level of labor productivity due to reducing the negative impact on the employee of harmful factors and compliance with rational mode of work and rest in each workplace, as well as by reducing the number of social insurance payments due to reducing the occupational injuries and diseases. Originality/value: For the first time the system of automated occupational health and safety, which, in contrast to existing automated occupational risk minimization systems and traditional occupational health and safety management systems, provides comprehensive protection of employees from the the impacts negative factors of the system "man - machine-environment", by constant monitoring the parameters of such impact and their prompt correction in case of deviation of the specified parameters from the set criteria, was developed and proposed for use at enterprises, institutions and organizations.

scholarly journals The Vulnerability of Occupational Health and Safety to Deregulation: The Weakening of Information Regulations during the Economic Crisis in Korea

2017 ◽  
Vol 28 (1) ◽  
pp. 151-168 ◽  
Author(s):  
Won Gi Jhang
Keyword(s):  
Occupational Health ◽  
Economic Crisis ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
Legal Basis ◽  
Careful Monitoring ◽  
Industrial Accidents ◽  
National Regulation ◽  
Policy Impacts ◽  
The Republic

This study was conducted to investigate the causes and consequences of the vulnerability of occupational health and safety (OHS) regulations to deregulation during a period of economic crisis in the Republic of Korea. Analysis of Korea’s national regulation database revealed that the vulnerability of OHS regulations to deregulation was related to the fact that OHS policy included many regulations without direct deregulatory impacts on workers. The most affected victim of this characteristic was information regulation that provided a legal basis for government’s monitoring and inspection of OHS activities. The massive relaxation of information regulation has the potential to weaken government oversight and to tempt businesses to hide industrial accidents. Since changes in regulations without direct deregulatory impacts are not easily identifiable by workers, careful monitoring of deregulation is necessary to prevent policy impacts harmful to workers’ health and safety.

scholarly journals Methodology for evaluating the effectiveness of the occupational health and safety management system implemented at enterprises

2020 ◽  
pp. 176-181
Author(s):  
Zh. H. Yesbenbetova
Keyword(s):  
Occupational Health ◽  
Management System ◽  
Safety Management ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
Labor Protection ◽  
Technical Program ◽  
Safety Management System ◽  
Innovative System ◽  
The Republic

The article presents the results of research carried out within the framework of the scientific and technical program in the Republic. As a result of the study, a methodology for evaluating the effectiveness of the occupational health and safety management system implemented at enterprises was developed. We believe that the results of such studies, which determine the innovative system of labor protection management in the Republic of Kazakhstan, along with their application at domestic enterprises, make a great contribution to the development of science and technology in the field of labor protection.

Social dialogue and occupational health and safety in the Republic of Croatia

SEER ◽  
2019 ◽  
Vol 22 (1) ◽  
pp. 5-32
Author(s):  
Cvetan Kovač ◽  
Ivana Krišto ◽  
Hrvoje Kovač ◽  
Ana Šijaković
Keyword(s):  
Occupational Health ◽  
Trade Union ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
Project Leader ◽  
Social Dialogue ◽  
Food And Beverage ◽  
Education And Awareness ◽  
The Republic ◽  
Eu Project

This article provides an overview of the results of a survey on the quality of social dialogue in the implementation of occupational health and safety law in the Republic of Croatia. The survey was carried out within the EU project Occupational Health and Safety - an Opportunity and a Challenge in Social Dialogue together with the Independent Trade Union of Food and Beverage Manufacturers from Kutjevo as project leader. The effective realisation of occupational health and safety objectives requires properly-conducted social dialogue on all issues related to the health and safety of workers as well as an understanding of the role and obligations of employees’ elected safety reps, authorised OHS officers, OHS specialists and shop stewards. The results of the survey point to the conclusion that additional activities directed at education and awareness must be implemented in order to contribute to strengthening and improving the social dialogue. Consequently, a set of programme guidelines have been proposed in this direction, applying to trade union federations and confederations at all levels.

scholarly journals Occupational, health and safety situation at small and medium enterprises in Kosovo, contextual factors, barriers, drivers and intervention process

2021 ◽  
Author(s):  
Mimoza Dugolli
Keyword(s):  
Occupational Health ◽  
Small And Medium Enterprises ◽  
Contextual Factors ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
Professional Staff ◽  
Perceived Barriers ◽  
Intervention Process ◽  
The Republic ◽  
Medium Enterprises

AbstractThis survey has been performed as part of a wider survey within the Western Balkan Small and Medium Sized Enterprises (SME) Competitiveness Support Project. It presents the current situation of occupational health and safety (OHS) management at 18 SMEs in Kosovo. SMEs in the Republic of Kosovo are facing many difficulties in identifying the real need for interventions, recruiting adequate professional staff to support their activities in OHS. Exposed to an opened market under the regional and international competition, their sustainability has become more difficult and their financial fragility leads very often to the ignorance of OHS issues within their organization.The first objective of this research aimed to understand the OHS contextual factors, barriers and drivers based on the current practice of SMEs in Kosovo. The second objective was to find out if the OHS “ideal intervention process” is applicable to achieve improvements for SMEs in Kosovo. Data collection was expedited through internal documents review, site visits and questionnaires. The statistical data were subject to descriptive analyses and inferential statistics. The findings showed that the contextual factors which influence the intervention process, were of participatory nature, cognitive and physical workplace environment, while the perceived barriers were mainly coming from lack of resources and information. Finally the features of OHS “ideal intervention process” were analyzed and compared for applicability to the SMEs in Kosovo and several interventions in this regards were proposed.

scholarly journals Occupational health and safety specialist in Croatian and Portuguese legislation

2020 ◽  
Vol 8 (1) ◽  
pp. 375-391
Author(s):  
Domagoj Šantek ◽  
Sandra Debeljak ◽  
Rui Isidoro
Keyword(s):  
Occupational Health ◽  
Occupational Safety ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
Individual Member ◽  
The European Union ◽  
Member States ◽  
Safety And Health ◽  
The Republic

The domain of occupational safety and health at work is put for regulation through directives by founding agreements. This means that the institutions of the European Union prescribe minimum standards of safety and health at work through directives and Member States need to accomplish goals that a particular directive pursues. At the same time, this means that each Member State can also set stricter standards than the ones prescribed through directives and for this reason some differences in regulations of individual Member States can be noticed. In this paper, authors focus on the role of occupational safety specialist and the manner in which the Republic of Croatia and the Portuguese Republic, in their legislation, prescribe obligations of the employer in terms of contracting the performance of occupational health and safety tasks with an occupational safety specialist or an external service. Authors furthermore examine required conditions which occupational safety specialist must meet to perform those tasks. Apart from outlining the Croatian and Portuguese legislation, authors also present and define fundamental similarities and differences in the regulations within this domain of security legislation.

scholarly journals TANGGUNG JAWAB RUMAH SAKIT TERHADAP TENAGA MEDIS DALAM HAL KESELAMATAN DAN KESEHATAN KERJA AKIBAT PELAYANAN MEDIS

Yurispruden ◽  
2021 ◽  
Vol 4 (2) ◽  
pp. 113
Author(s):  
Maharja Jathi Perkasa
Keyword(s):  
Health Service ◽  
Occupational Health ◽  
Occupational Safety ◽  
Health Sector ◽  
Health And Safety ◽  
Legal Protection ◽  
Occupational Health And Safety ◽  
Medical Personnel ◽  
Safety And Health ◽  
Statutory Regulation

The hospital is a health service that contained risks of occupational health and safety for its medical personnel, so the need for hospital occupational health and safety (K3RS) project to avoid those risks. An organization such as committee needed to ensure optimal K3RS management. This research formulation of the problem are the legal protection for medical personnel on K3 after health service on hospital, and the legal consequences from absence of  K3Rs committee on hospital. This reasearch used normative juridical with statue approach and conseptual approach. The result showed that the legal protection for medical personnel already existed, one of them is right and obligation. Regulated in statutory regulation specifically on legal instruments in the health sector. The result was, if the hospital did not formed an K3RS committee, they have to be legally responsible, for both criminal and civil law. Since hospital held responsibility to form a K3RS committee. According to the regulation from Hospital Accreditation Committee (KARS), director of the hospital held the responbility to fulfill this requirement.Key words: Medical personnel, hospital responsibility, occupational safety and health committee.

Development of a Toolkit for Integrating Occupational Health and Safety and Worksite Health Promotion

2012 ◽  
Author(s):  
Andrea Bizarro ◽  
Megan Dove-Steinkamp ◽  
Nicole Johnson ◽  
Scott Ryan ◽  
Michelle Robertson ◽  
...  
Keyword(s):  
Health Promotion ◽  
Occupational Health ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
Worksite Health Promotion ◽  
Worksite Health
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