The obligations of the employer in the field (hereinafter —BiOT) are to ensure safe working conditions for all employees, the introduction of advanced technologies that facilitate working conditions, etc. The
obligations of the employer in the field of safety and labor protection are disclosed in Article 182 of the Labor Code of the Republic of Kazakhstan (hereinafter — the Code). Providing employees with safe working conditions in their workplaces is a priority for every employer.
The obligations of the employer on labor protection, according to Article 182 of the Code, are to provide employees with safe working conditions.
What are the responsibilities of the head of the structural unit to ensure compliance with the requirements of the BiOT:
Heads of structural divisions and other specialists who have other employees under their command are personally responsible for compliance with the BiOT standards in their controlled areas. So, they must perform duties in the field of BiOT, ensure control over compliance with safety standards by all their subordinates.
Heads of structural divisions carry out direct management of BiOT on the site entrusted to them. In case of non-fulfillment of the functions assigned to them by the head of the enterprise for BiOT, as well as in case of hindering the inspection by the controlling and supervisory authorities, they bear the responsibility established by law.
In this regard, they also need to ensure that the requirements of the BiOT are met in accordance with the labor legislation.
For non-compliance by the employer with the obligations in the field of safety and labor protection, the employer may be sanctioned for violating the norms of labor legislation. Thus, managers who are guilty of violating the norms of labor legislation, in particular in the field of BiOT, are brought to justice:
* administrative;
• civil law;
* criminal.
Administrative liability for violation of labor legislation on BiOT is provided for in Articles 93 and 95 and 96 of the Administrative Code of the Republic of Kazakhstan.
Criminal liability is imposed for violation of the regulatory requirements of the OT, if this caused death or serious harm to the health of an employee or other person (Article 156 of the Criminal Code of the Republic of Kazakhstan). Such responsibility is borne by persons who, due to their official position, are entrusted with the duty to ensure the standards of BiOT in the area of work entrusted to them, as well as managers.
The heads of enterprises, as well as structural divisions, chief engineers, and BiOT specialists are responsible for non-compliance with the BiOT regulatory requirements. Thus, for violation of the norms of labor legislation, in particular in the field of BiOT, they can incur administrative, criminal and civil liability.
Head of Department S. Jabasov