Kuchma O. Replacing the permit system with a system of additional insurance for employees working in high-risk jobs: problems of reform

DOI: 10.33098/2078-6670.2023.15.27.1.206-213

Purpose. The purpose of the study is to identify positive and negative aspects of replacing the permit system with a system of additional insurance, the impact on occupational safety and health, identify gaps in the draft amendments to the legislation, and provide proposals for their elimination. Methods. The methodology includes an analysis of the scientific, theoretical and legislative framework in the field of occupational safety and health at work with increased risk, and proposals on the need to regulate legal relations of various types. Methods. The following methods were used in writing the paper: systemic analysis, forecasting, rational criticism, and formal legal methods. Results. When replacing permits with additional insurance for employees working in high-risk jobs, it is important to maintain control over the state of occupational health and safety in industrial production. For this purpose, it is necessary to provide for a full study of the conditions that were investigated by experts regarding the state of occupational health and safety of the business entity when conducting an occupational health and safety audit. It is also necessary to provide for the liability of expert institutions for the preparation of low-quality labor protection examinations. When adopting such changes, it is advisable to provide comprehensive draft documents for discussion, since the content of the by-laws (for example, in terms of the mandatory conditions that must be investigated during an occupational health and safety audit, the legal consequences of establishing circumstances that did not give the right to receive permission to carry out high-risk works, etc.) depends on the scope of the proposed changes in the draft law. Scientific novelty. The study found that since insurance against industrial accidents and a permit for high-risk work have different purposes (insurance is to compensate for losses in the event of an insured event, and the permit is to protect against the occurrence of an insured event), replacement of the insurance permit is possible provided that the occupational health and safety audit is legally enshrined, which in its content will not reduce control over the state of occupational health and safety in industrial production. Practical significance. The results of the study can be used in lawmaking activity.

Key words: labor protection, insurance, accident, occupational disease, high-risk work permit.

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