Terms for Management of Occupational Risks in the Draft Law of Ukraine "On Safety and Health of Employees at Work"

Abstract

Consider the requirements of international regulatory acts regarding the management of occupational risks in occupational health and safety systems (hereinafter referred to as OHSS) and determine their compliance with the draft Law on "Safety and Health of Workers at Work". To achieve this goal, the comparative legal method was used, which is the basis of the unification and harmonization of law through international treaties, as well as the method of interdisciplinary synthesis, which made it possible to reveal data on the structural properties of objects of different terms. The requirements of the main documents on risk management in the field of PPE for the draft Law on "Safety and Health of Employees at Work" were analyzed. It was determined that the guiding principles of occupational safety and health management systems - ILO-OSH 2001 (ILO-OSH 2001) have the greatest influence on the development of the draft law. The second edition, 2009, which led to the use of outdated terms, since a significant proportion of Ukrainian enterprises are certified for compliance with the requirements of the ISO 45001:2018 standard or work in accordance with its requirements and, accordingly, use the terms, definitions and methods of occupational risk management set out in this standard . It is proposed to replace the terms and phrases related to the management of occupational risks in the draft Law on "Safety and Health of Workers at Work" based on the requirements of international and domestic regulatory acts in the field of occupational safety and occupational health. In particular, use the words effectiveness instead of efficiency, elimination of danger instead of elimination of risk, prevention of incident instead of prevention of risk. The scientific novelty consists in the substantiation of the terminology related to the provision of risk management, namely, the author's definition of the terms precautionary measures and acceptable risk is provided. Recommendations have been developed for the replacement of terms, phrases and expressions in the text of the draft Law on "Safety and Health of Workers at Work". In particular, "minimization of occupational hazards" to "reduction of the number of occupational hazards, dangerous occupational factors and harmful occupational factors."