The ways improving legal regulation to protect lectures’ health and safety at Ukrainian higher educational institutions

Issue: № 8/1, 2021

Doi: https://doi.org/10.37634/efp.2021.8(1).2

The relevance of the research is due to the uncertainty of legal regulation to protect lectures’ health and safety in labour law and the necessity to find promising ways to improve legal regulation taking into account the characteristics of teaching in quarantine. Nowadays there are still unresolved issues of legal regulation of labour protection, namely lectures of higher educational institutions of Ukraine, the necessity for further thorough and comprehensive research to address the issue of labour protection of teaching in a pandemic. That is why the purpose of the following research is to identify promising areas for improving the legal regulation of labour protection of lectures at higher educational institutions of Ukraine in modern conditions. In Ukraine, there has long been a need to systematize, revise and update existing legal acts in the field of teachers’ health. The article considers the structure and main components of current legislation in the field of labour protection at the international, national and local levels. Under the conditions of quarantine restrictions, the advantages and disadvantages of using remote work of teachers are analyzed. Promising areas to improve the legal regulation of lectures’ health and safety protection are establishing control over using breaks for employees working with personal computers and other office equipment to rest, revising state sanitary rules and regulations to work with a personal computer; regulating normative and legal provision of labour protection and safety in higher educational institutions, establishing a law to protect lectures’ health and safety, etc. A large number of regulations, duplicating provisions acts of different legal force hinder the effective regulation of labour protection and indicating the feasibility of creating a separate law that would regulate the labour protection of lectures’ health and safety in Ukrainian higher educational institutions. To implement the proposed areas in the field of labour protection successfully it is necessary not only to adopt new and improve existing regulations taking into account European and world experience, but also their strict compliance with the subjects of labour relations in quarantine.

Keywords : legal regulation, health and safety protection, higher educational institutions, lecturer

References:

1. Sustainable development goals. URL: https://globalcompact.org.ua/pro-nas/tsili-stijkogo-rozvytku (in Ukrainian).

2. 17 Sustainable Development Goals (SDGs) by 2030. URL: https://www.kmu.gov.ua/diyalnist/cili-stalogo-rozvitku-ta-ukrayina (in Ukrainian).

3. The Constitution of Ukraine: Law of Ukraine of 28.06.1996 № 254k / 96–VR. URL: https://zakon.rada.gov.ua/laws/show/254к/96-вр#Text (in Ukrainian).

4. The Labour Code: Law of Ukraine of 10.12.1971 № 322–VIII. URL: https://zakon.rada.gov.ua/laws/show/322–08#Text (in Ukrainian).

5. On labor protection: Law of Ukraine of 14.10.1992 № 2695-ХII. URL: http://https://zakon.rada.gov.ua/laws/show/2694–12#Text (in Ukrainian).

6. On Amendments to Certain Legislative Acts of Ukraine Concerning the Improvement of Legal Regulation of Telework, Homework and Work with the Use of Flexible Working Hours: Law of Ukraine of 04.02.2021 . № 1213-ІХ. URL: https://zakon.rada.gov.ua/laws/show/1213–20#Text (in Ukrainian).

7. State sanitary rules and norms of work with visual display terminals of electronic computers DSanPIN 3.3.2.007–98, approved by the Resolution of the Chief State Sanitary Doctor of Ukraine on December 10, 1998 № 7. URL: https://zakon.rada.gov.ua/rada/show/v0007282–98#Text (in Ukrainian).

8. State sanitary norms of industrial noise, ultrasound and infrasound LTO 2.3.6.037–99, approved by the resolution of the Chief State Sanitary Doctor of Ukraine dated 01.12.1999 № 37. URL: https://zakon.rada.gov.ua/rada/show/va037282–99#Text (in Ukrainian).

9. State sanitary norms of microclimate of production premises of LTO 3.3.6.042–99, approved by the resolution of the Chief State Sanitary Doctor of Ukraine of 01.12.1999 № 42. URL: https://zakon.rada.gov.ua/rada/show/va042282–99#Text (in Ukrainian).

10. General requirements for employers to ensure the protection of workers, approved by the order of the Ministry of Emergencies from 25.01.2012 № 67. URL: https://zakon.rada.gov.ua/laws/show/z0226–12#Text (in Ukrainian).

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