The experience of the United States and Japan in identifying risks in social and labor relations
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
In the article the positive US experience in identifying risks in social and labor relations is analyzed. The specifics of Japan in identifying risks in social and labor relations are explored. Realization of the US experience in domestic conditions is seen in two directions: 1) within the limits of a particular enterprise, to determine the risks in social and labor relations with the help of certified auditors, including those entitled to use the International Safety Rating System; 2) on the basis of the International Safety Rating System, make changes to the national occupational safety management system – the Ukrainian safety assessment system should be supplemented by the provisions according to which the risk assessment will be based on familiarization with the enterprise, documentation of occupational safety, the creation of control worksheets for audit work, etc. competent persons, confirmation of the information obtained by checking the documents, records, review of workplaces, interviews with employees, audits of workplaces, etc. The study of Japan’s experience in identifying risks in socio-labor relations is appropriate given that this state traditionally significantly differs from the European states in the context of approaches to regulation of various spheres. Therefore, on an example of this country it is possible to analyze experience that is problematic for implementation in domestic conditions, but which will be different from the conclusions we have made in this paper. In general, summing up the study of the Japanese experience, we note the lack of specific features compared with the European powers. Regulation of the definition of risks in social and labor relations is also governed by laws and standards. Practical incarnation takes place on two levels - state and local. Regarding the local level, the employer’s powers in the area of risk identification are identical to those established in European law. The experience of setting up special services that provides services for evaluating the working environment draws attention, but similar certified actors are also active in European countries. Therefore, based on the study of the Japanese experience in determining the risks in social and labor relations, we conclude that there are no specific provisions that would be appropriate to implement in domestic conditions. The determination of the risks in social and labor relations in a given state is regulated at a high level, the subjects are given clear authority, but, apart from proper ordering and systematization, none of the provisions will have a significant impact on the Ukrainian system.
Authors and Affiliations
Levan Darsania
Keywords
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- EP ID EP545518
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