REGARDING THE ISSUE OF APPROXIMATION OF NATIONAL LEGISLATION ON LABOR PROTECTION TO INTERNATIONAL STANDARDS IN THE FIELD OF OCCUPATIONAL SAFETY AND HEALTH

Abstract

The article is devoted to the issue of regulation of relations in the field of labor safety at the international level, in the legislation of the European Union and Ukraine, as well as the approximation of national labor protection legislation to international standards and the EU acquis communautaire. The research analyzes the main international regulations in the field of occupational safety, including conventions and recommendations of the International Labor Organization, the implementation of which in the national legal system is necessary for effective regulation of labor protection at a qualitatively new level. The acts of the EU legislation regulating legal relations in the field of labor protection are studied and the attention is paid to the basic EU directives which contain requirements to employers concerning maintenance of labor protection of workers, including at their workplaces and at application of means of work. Based on the analysis of the EU acquis communautaire, the issue of further adaptation of national legislation to European standards has been raised, which is currently a key area in the framework of the concluded Association Agreement with the EU. The author highlights the main qualitative characteristics of national legislation that cause insufficient effectiveness of legal regulation of relations in the field of occupational safety, including instability, imperfection of the content of legislation, lack of systemic and inconsistent norms in the field of occupational safety. Taking into account the mentioned shortcomings of the national legislation in the field of labor safety, the author has identified the factors that determine the need to improve the provision of safe working conditions and health of workers. Based on the analysis of national legislation, the main shortcomings and gaps in the legal regulation of relations in the field of occupational safety, which require further harmonization in accordance with the requirements and recommendations of the ILO, as well as EU standards.