Presentation of legal support of labor protection. Fundamentals of legal regulation of labor protection. The main provisions of the current legislation of the Russian Federation on labor protection
Legal regulation of labor protection
Introduction
Chapter 1. State policy and requirements in the field of labor protection
1.1 Legislation on labor protection
1.2 Normative and normative-technical documentation
Chapter 2. Obligations and rights of the parties to an employment contract to ensure safe environment and labor protection
2.1 Rights and obligations of the employer to organize labor protection
2.2 The rights and obligations of the employee for labor protection
2.3 Responsibility for violation of labor protection requirements
Chapter 3. Organization of labor protection
3.1 State management of labor protection
3.2 Organization and functions of labor protection services at the enterprise
Conclusion
Bibliography
Introduction
Labor protection is a system of preserving the life and health of workers in the process of their labor activity, including legal, socio-economic, organizational and technical, sanitary and hygienic, treatment and prophylactic, rehabilitation and other measures that form a mechanism for implementation constitutional law citizens to work (Article 37 of the Constitution of the Russian Federation1).
In recent years, as a result of the adoption of a number of federal laws and other normative legal acts on labor protection (or directly related to labor protection), a legal framework for the protection of labor of employees of organizations has been formed in the country. In particular, the content of the rights of employees to work that meets the requirements of safety and hygiene, as well as the range of responsibilities of employers, have been determined.
The provisions of Part 3 of Art. 37 of the Constitution of the Russian Federation, which guarantees everyone the right to work in conditions that meet the requirements of safety and hygiene, are based on numerous international legal norms. Thus, the right to working conditions that meet safety and hygiene requirements is enshrined in Art. 7 of the International Covenant on Economic, Social and cultural rights.2
As evidenced by numerous observations, the violation of labor protection requirements occurs mainly through the fault of representatives of the administration. Many of them have a very poor understanding of their duties in the field of labor protection of workers, despite the fact that for violation of these duties they are imposed disciplinary, administrative, civil and even criminal liability.
Thus, the relevance of the formulated topic is obvious. term paper, which allows not only to define new approaches to the study of the category of labor protection, but also to systematize the knowledge accumulated by legal science and law enforcement practice.
Certain aspects of the problem of labor protection have been repeatedly considered in legal science. General theoretical aspects of labor protection and problems associated with accidents at work have recently been developed by such scientists as Korshunov E.N., Kukharenko A.Yu., Kurennoy A.M., Soloviev A., Frolov O., Smyk O., other.
Our work also uses the work of scientists in the field of labor and other branches of law - Bratchikova N.V., Anisimov L.N., Sheptulina N.N., Sitnikova E., Selivanova N., as well as other authors, comments on labor legislation , textbooks of labor law.
The aim of the presented work is a comprehensive theoretical and legal analysis of the problem of ensuring labor protection and legal regulation of legal relations arising from accidents at work.
To achieve this goal, it is necessary to solve the following tasks:
identify trends in the development of labor protection standards;
to determine the content and features of labor protection and legal regulation of legal relations arising from accidents at work as legal institution;
analyze the legislation of the Russian Federation in the field of labor protection and legal regulation of legal relations arising from accidents at work, judicial and administrative practice;
The object of this work is labor protection and regulation of legal relations arising from accidents at work as theoretical categories and as a legal phenomenon of social reality.
The subject is determined by the selection and study, within the framework of the stated topic, of regulatory and legal sources, both domestic, adopted at the federal level and at the level of the subjects of the federation, and judicial practice.
Regulatory framework made up: the Constitution of the Russian Federation, federal legislation affecting labor protection issues, laws of the constituent entities of the Russian Federation, provisions international treaties. Arbitrage practice represented by decisions federal courts.
Chapter 1. State policy and requirements in the field of labor protection
1.1 Legislation on labor protection
Legal basis regulation of relations in the field of labor protection between employers and employees, aimed at creating working conditions that meet the requirements of preserving the life and health of employees in the process of labor activity, were determined by Article 37 of the Constitution of the Russian Federation and the Federal Law of July 17, 1999. No. 181-FZ "On the fundamentals of labor protection in the Russian Federation", 3 (hereinafter - Fundamentals).
During the preparation of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation4), its section X "Labor Protection" practically unchanged articles 1, 3, 4, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19 of the Fundamentals, which formed a significant part of the legal norms of the Labor Code of the Russian Federation in the field of labor protection, set forth, respectively, in its articles 209, 211, 210, 219, 220, 216, 217, 218, 212, 214, 215, 221, 225, 226.
The norms and rules on labor protection are contained not only in section X "Labor protection" of the Labor Code of the Russian Federation, but also in its chapter 41 "Features of regulation of labor of women, persons with family responsibilities", chapter 42 "Features of regulation of labor of workers under the age of eighteen years" etc.
Labor protection covers practically all relations between the employer and the employee, up to the equipping of his workplace, the length of the working day, breaks for rest, vacations, provision of special clothing and footwear, preventive nutrition, etc. etc.
At the same time, specific requirements for compliance with labor protection are regulated by various kinds of regulatory acts - GOSTs, sanitary and building regulations, others regulatory documents approved by authorized public authorities.
For the purposes of labor protection legislation, the following basic concepts are used (Article 209 of the Labor Code of the Russian Federation):
- labor protection is a system of preserving the life and health of workers in the course of their work, which includes legal, socio-economic, organizational and technical, sanitary and hygienic, treatment and prophylactic, rehabilitation and other measures;
- working conditions - a combination of factors working environment and labor process affecting the performance and health of the employee;
- harmful production factor - a production factor, the impact of which on an employee can lead to his illness;
- hazardous production factor - a production factor, the impact of which on an employee can lead to his injury;
- safe working conditions - working conditions under which the impact on workers of harmful or hazardous production factors is excluded or the levels of their impact do not exceed the established standards;
– workplace- the place where the employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer;
- means of individual and collective protection of workers - technical means used to prevent or reduce the impact on workers of harmful or hazardous production factors, as well as to protect against pollution;
- certificate of conformity of labor protection works (safety certificate) - a document certifying the compliance of the labor protection work carried out in the organization with the established state regulatory labor protection requirements;
- production activity - a set of human actions with the use of labor tools necessary to transform resources into finished products, including the production and processing of various types of raw materials, construction, and the provision of various types of services.
Such unification of the concepts used in the Fundamentals and the Labor Code of the Russian Federation is an indispensable condition for their correct and uniform application by both employers and employees, and government bodies, courts, etc. At the same time, the unification of concepts is a condition for the development and uniform application of state regulatory requirements for labor protection.
The goal of the legislation in the field of labor protection is to create working conditions that meet the requirements of preserving the life and health of employees in the process of their labor activity.5
To achieve this goal, a mechanism is needed through which the whole range of measures to create working conditions that meet the requirements of preserving the life and health of workers will be implemented. In order to create such a mechanism, it was necessary to develop a state policy (or at least its main directions, as provided for (Article 210 of the Labor Code of the Russian Federation) of actions in the field of labor protection and to authorize the relevant state and other bodies to implement this policy.
The main directions public policy in the part directly related to labor protection of employees, are:
- Adoption and implementation of federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation on labor protection, as well as federal target, sectoral target and territorial target programs for improving labor conditions and safety;
- state supervision and control over compliance with labor protection requirements;
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- investigation and recording of industrial accidents and occupational diseases;
- protection of the legitimate interests of employees who have suffered from industrial accidents and occupational diseases, as well as their family members on the basis of mandatory social insurance workers from industrial accidents and occupational diseases;
- the establishment of compensation for hard work and work with harmful and (or) hazardous working conditions that cannot be eliminated at the modern technical level of production and work organization;
- training and professional development of labor protection specialists;
- establishing the procedure for providing employees with personal and collective protection equipment, as well as sanitary facilities and devices, medical and preventive means at the expense of employers.6
Article 210 of the Labor Code of the Russian Federation also stipulates that the implementation of the main directions of state policy in the field of labor protection is ensured by coordinated actions of state authorities of the Russian Federation, its subjects and bodies local government, employers, associations of employers, as well as trade unions, their associations and other representative bodies authorized by employees on labor protection issues.7
1.2 Normative and normative-technical documentation
1. State regulatory requirements for labor protection determine the rules, procedures and criteria aimed at preserving the life and health of workers. They are installed:
- federal laws and other regulatory legal acts of the Russian Federation on labor protection, which are valid throughout the country;
- laws and other regulatory legal acts of the constituent entities of the Russian Federation on labor protection in force on their territory.
2. It has been established that the specified labor protection requirements are mandatory for legal entities and individuals when they carry out any types of activities, including in the design, construction (reconstruction) and operation of facilities, the design of machines, mechanisms and other equipment, the development of technological processes, organization production and labor.
3. The procedure for the development and approval of by-laws on labor protection, as well as the timing of their revision, are established by the Government of the Russian Federation.
When applying the provisions of Article 211 of the Labor Code of the Russian Federation, one should bear in mind the procedure for the delineation of powers between federal bodies of state power and bodies of state power of the constituent entities of the Russian Federation in the field of labor relations and other relations directly related to them, given in its article 6.
The jurisdiction of federal bodies of state power in the field of labor relations and other relations directly related to them includes the adoption of federal laws and other regulatory legal acts that are binding on the entire territory of the Russian Federation.8
In turn, the state authorities of the constituent entities of the Russian Federation adopt laws and other normative legal acts containing labor law norms on issues that are not attributed to the powers of federal state authorities. Moreover, more high level labor rights and guarantees to employees in comparison with the established federal laws and other regulatory legal acts of the Russian Federation, leading to an increase budget expenditures, provided at the expense of the budget of the corresponding constituent entity of the Russian Federation.
State authorities of the constituent entities of the Russian Federation may adopt laws and other regulatory legal acts containing labor law norms only on issues not regulated by federal laws and other regulatory legal acts of the Russian Federation.
If a federal law or other normative legal normative act on these issues is adopted, a law or another normative act of a constituent entity of the Russian Federation is brought into line with the federal law or other normative legal act of the Russian Federation.
If a law or other regulatory legal act of a constituent entity of the Russian Federation, containing labor law norms, contradicts the Labor Code of the Russian Federation or other federal laws, or reduces the level of labor rights and guarantees to employees established by the Labor Code of the Russian Federation or other federal laws, the Labor Code of the Russian Federation or another federal law applies.
The Government of the Russian Federation by its decree of May 23, 2000 No. No. 399 "On regulatory legal acts containing state regulatory requirements for labor protection "9 established that in the Russian Federation there is a system of regulatory legal acts containing state regulatory requirements for labor protection, which consists of intersectoral and sectoral rules and standard instructions on labor protection, construction and sanitary norms and rules, rules and instructions for safety, device rules and safe operation, a set of rules for design and construction, hygienic standards and state labor safety standards.
State regulatory requirements for labor protection are developed and approved by federal executive bodies in next order:
a) intersectoral rules and standard instructions on labor protection are developed with the participation of interested federal executive bodies and are approved by the Ministry of Labor and social development RF;
b) sectoral rules and standard instructions on labor protection are developed and approved by the relevant federal executive bodies in agreement with the Ministry of Labor and Social Development of the Russian Federation;
c) rules and instructions for safety, rules for construction and safe operation, construction and sanitary standards and rules, hygiene standards and state standards labor safety, sets of rules for design and construction in terms of state regulatory requirements for labor protection are developed and approved by the relevant federal executive bodies in agreement with the Ministry of Labor and Social Development of the Russian Federation.
Developed regulatory legal acts containing state regulatory requirements for labor protection are subject to referral for consideration and approval to the relevant trade union bodies.10
The Russian government obliged the federal executive authorities:
c) when developing state regulatory requirements for labor protection, be guided by methodological recommendations for the development of state regulatory requirements for labor protection, approved by the Ministry of Labor and Social Development of the Russian Federation;
e) to issue normative acts containing state regulatory requirements for labor protection, and provide them in the prescribed manner to interested organizations.
The Government of the Russian Federation has established that state regulatory requirements for labor protection are approved for a period of 5 years and can be extended for no more than two terms. The decision to extend the validity period of state regulatory labor protection requirements or to cancel them early may be made no later than 9 months before the expiration of their validity period.11
When changing the legislation of the Russian Federation on labor protection, intersectoral rules and standard instructions on labor protection, when introducing new equipment and technologies, as well as based on the results of the analysis industrial injuries, occupational diseases, accidents and disasters in the Russian Federation, the state regulatory requirements for labor protection are subject to revision regardless of the established period of their validity.
Chapter 2. Obligations and rights of the parties to the employment contract to ensure safe conditions and labor protection
2.1 Rights and obligations of the employer to organize labor protection
According to Article 212 of the Labor Code of the Russian Federation, the employer is responsible for ensuring safe conditions and labor protection in the organization.
The employer, in particular, is obliged to ensure:
- the safety of workers during the operation of buildings, structures, equipment, the implementation of technological processes, as well as tools, raw materials and materials used in the production (Article 215 of the Labor Code of the Russian Federation);
- use of means of individual and collective protection of workers (Article 221 of the Labor Code of the Russian Federation);
- working conditions corresponding to labor protection requirements at each workplace (Articles 219, 220 of the Labor Code of the Russian Federation);
- the mode of work and rest of employees in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation (Articles 189, 190 of the Labor Code of the Russian Federation);
- purchase and issuance of special clothing, special footwear and other means at our own expense individual protection, washing and neutralizing agents in accordance with the established standards for workers engaged in work with harmful and (or) hazardous working conditions, as well as in work performed in special temperature conditions or associated with pollution (Article 221 of the Labor Code of the Russian Federation);
- training in safe methods and techniques for performing work on labor protection and first aid in case of accidents at work, instruction on labor protection, internship at the workplace and testing knowledge of labor protection requirements, safe methods and techniques for performing work (Article 225 of the Labor Code of the Russian Federation) ;
- non-admission to work of persons who have not undergone training and instruction in labor protection in accordance with the established procedure, training and testing of knowledge of labor protection requirements;
- organization of control over the state of working conditions at workplaces, as well as over the correct use of personal and collective protective equipment by employees;
- certification of workplaces for working conditions with subsequent certification of work on labor protection in the organization;
- in cases stipulated by the Labor Code of the Russian Federation, laws and other regulatory legal acts, organize, at their own expense, mandatory preliminary (upon admission to work) and periodic (during employment) medical examinations (examinations) of employees, extraordinary medical examinations (examinations) employees at their request in accordance with a medical certificate, with the preservation of their place of work (position) and average earnings for the duration of the specified medical examinations (examinations) (Article 213 of the Labor Code of the Russian Federation);
- non-admission of employees to the performance of their labor duties without undergoing mandatory medical examinations (examinations), as well as in the case of medical contraindications; 12
- informing employees about working conditions and labor protection at workplaces, about the existing risk of damage to health and the compensations and personal protective equipment they are entitled to;
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- taking measures to prevent emergency situations, preserving the life and health of workers in the event of such situations, including providing first aid to victims;
- investigation and registration of accidents at work and occupational diseases in accordance with the Labor Code of the Russian Federation and other regulatory legal acts (Articles 227 - 231 of the Labor Code of the Russian Federation);
- sanitary and household and therapeutic and prophylactic services for employees in accordance with labor protection requirements (Articles 222, 223 of the Labor Code of the Russian Federation);
- compulsory social insurance of employees against industrial accidents and occupational diseases;
- familiarization of employees with labor protection requirements;
- development and approval, taking into account the opinion of an elected trade union or other body authorized by employees, of instructions on labor protection for employees;
- availability of a set of regulatory legal acts containing labor protection requirements in accordance with the specifics of the organization's activities.
The above obligations of the employer are aimed at ensuring the implementation of the workers' right to work that meets the requirements of their safety and hygiene (Article 219 of the Labor Code of the Russian Federation). In practice, this means that the employer is obliged to ensure labor protection in the organizational and technical, medical, hygienic, physiological, social and other aspects of the workers' labor activity.13
The obligations of the employer are specified in the relevant articles of the Labor Code of the Russian Federation, other legislative and other regulatory legal acts (including in local regulations, various kinds of rules, instructions on labor protection of enterprises and organizations).
In addition, the specified obligations of the employer are reflected and filled with a certain content in connection with the specific conditions of production and work of employees in agreements periodically concluded between trade unions and associations of employers, collective and labor contracts.14
2.2 The rights and obligations of the employee for labor protection
According to Art. 219 of the Labor Code of the Russian Federation, each employee has the right to:
- a workplace that meets the requirements of labor protection;
- compulsory social insurance against industrial accidents and occupational diseases in accordance with federal law;
- obtaining reliable information from the employer, relevant government bodies and public organizations on the conditions and labor protection at the workplace, on the existing risk of damage to health, as well as on measures to protect against exposure to harmful and (or) hazardous production factors;
- refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for by federal laws, until such danger is eliminated;
- provision of means of individual and collective protection in accordance with the requirements of labor protection at the expense of the employer;
- training in safe methods and techniques of work at the expense of the employer;
- professional retraining at the expense of the employer in the event of the liquidation of the workplace due to violation of labor protection requirements;
- a request for an inspection of working conditions and labor protection at his workplace by federal executive authorities in the region state supervision and control over the observance of labor and labor protection legislation by employees carrying out state examination of working conditions, as well as by trade union control bodies over compliance with labor and labor protection legislation;
- appeal to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local self-government bodies, to the employer, to associations of employers, as well as to trade unions, their associations and other representative bodies authorized by employees on labor protection issues;
- personal participation or participation through their representatives in the consideration of issues related to ensuring safe working conditions at his workplace, and in the investigation of an industrial accident or occupational disease that occurred to him;
- an extraordinary medical examination (examination) in accordance with medical recommendations with the preservation of his place of work (position) and average earnings during the passage of the specified medical examination (examination);
- compensations established by law, collective agreement, agreement, labor contract, if he is engaged in heavy work and work with harmful and (or) dangerous working conditions.
The provisions of Articles 212 and 219 of the Labor Code of the Russian Federation are interdependent: what is the employer's obligation serves as a means of exercising the workers' right to safe work... If the employer conscientiously fulfills his obligations imposed on him by Article 212 of the Labor Code of the Russian Federation, he thereby ensures the implementation of the workers' right to safe work and vice versa.15
For trade union committees of organizations that monitor the state of labor protection of workers (Article 370 of the Labor Code of the Russian Federation) in its individual areas, reflected in various articles of the Labor Code of the Russian Federation, in other legal acts, it is advisable to periodically refer to the provisions of Articles 212 and 219 of the Labor Code of the Russian Federation. This will allow them to monitor the employer's performance of his duties as a whole, without disregarding any of them, their implementation.16
The working conditions provided for by the employment contract (Articles 56, 57 of the Labor Code of the Russian Federation) must comply with labor protection requirements.
At the time of suspension of work by federal executive bodies in the field of state supervision and control over compliance labor legislation and other regulatory legal acts containing labor law norms, due to violation of labor protection requirements through no fault of the employee, he retains his place of work (position) and average earnings.
If the employee refuses to perform work in the event of a danger to his life and health, with the exception of cases stipulated by federal laws, the employer is obliged to provide the employee with another job for the period of elimination of such danger.
If the provision of other work for objective reasons is impossible for the employee, the employee's downtime until the danger to his life and health is eliminated is paid by the employer in accordance with Article 157 of the Labor Code of the Russian Federation and other federal laws.17
If the employee is not provided with the means of individual and collective protection in accordance with the established norms, the employer does not have the right to demand from the employee the performance of his job duties and is obliged to pay for the downtime that arose for this reason in accordance with the Labor Code of the Russian Federation (Article 157 of the Labor Code of the Russian Federation).
The employee's refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements or from performing heavy work and work with harmful and (or) dangerous working conditions not provided for by the employment contract does not entail disciplinary responsibility .eighteen
In the event of harm to the life and health of an employee in the performance of his labor duties, compensation for this harm is carried out in accordance with federal law.19
2.3 Responsibility for violation of labor protection requirements
In order to prevent and eliminate violations of labor protection legislation, the state ensures the organization and implementation of state supervision and control over compliance with labor protection requirements and establishes the responsibility of the employer and officials for violation of these requirements (Article 419 of the Labor Code of the Russian Federation).
State labor inspectors (legal, labor protection) in the implementation of supervisory and control activities have the right:
- to visit organizations of all organizational and legal forms and forms of ownership without hindrance at any time of the day, subject to the availability of certificates of the established form;
- to request from employers and their representatives, executive authorities and local self-government bodies and receive from them free of charge documents, explanations, information necessary to perform supervisory and control functions;
- withdraw for analysis samples of used or processed materials and substances with notification of the employer or his representative and draw up corresponding act;
- investigate accidents at work in accordance with the established procedure;
- present to employers and their representatives binding orders to eliminate violations of labor legislation and other regulatory legal acts containing labor law norms, to restore violated workers' rights, to bring those responsible for these violations to disciplinary responsibility or to remove them from office in the prescribed manner;
- send to the courts, in the presence of the conclusions of the state examination of working conditions, the requirements for the liquidation of organizations or the termination of the activities of their structural divisions due to violation of labor protection requirements;
- to remove from work persons who have not undergone training in safe methods and techniques for performing work in the prescribed manner, instruction in labor protection, internship at workplaces and testing of knowledge of labor protection requirements;
- prohibit the use and production of personal and collective protective equipment for workers that do not have certificates of conformity or do not meet labor protection requirements;
- issue permits for construction, reconstruction, technical re-equipment of production facilities, production and implementation of new equipment, introduction of new technologies;
- issue conclusions on the possibility of commissioning new or reconstructed production facilities;
- to bring to administrative responsibility in the manner prescribed by the legislation of the Russian Federation, persons guilty of violating laws and other normative legal acts containing labor law, if necessary, invite them to the labor inspection body in connection with cases and materials in production, as well as send to law enforcement materials on bringing these persons to criminal responsibility, to bring claims in court;
- act as experts in court on claims for violation of laws and other normative legal acts containing labor law norms, for compensation for harm caused to the health of workers at work.20
In the event that a trade union body, employee or other person applies to the state labor inspectorate on an issue pending consideration by the relevant body for considering an individual or collective labor dispute (except for claims accepted for consideration by the court or issues on which there is a court decision), state inspector labor, upon detection of a violation of labor legislation or other normative legal act containing labor law norms, has the right to issue an order to the employer that is subject to mandatory execution. This order can be appealed by the employer in court within ten days from the date of its receipt by the employer or his representative.21
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The types of liability for violation of labor legislation and other regulatory legal acts containing labor law norms are given in Art. 419 of the Labor Code of the Russian Federation. According to it, persons guilty of violating these legal acts are brought to disciplinary responsibility in the manner prescribed by the Labor Code of the Russian Federation, other federal laws, and are also brought to civil, administrative and criminal liability in accordance with the procedure established by federal laws.
1. Disciplinary responsibility. The procedure for bringing employees to disciplinary responsibility is regulated by Articles 192-195 of the Labor Code of the Russian Federation. Article 192 provides that for the commission of a disciplinary offense, i.e. for non-performance or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply to this employee the following disciplinary action:
a) remark;
b) a reprimand;
c) dismissal on appropriate grounds
Federal laws, statutes and discipline regulations for selected categories employees may be subject to other disciplinary sanctions. Note that in this case we are not talking about the charters of organizations, but about those charters that are approved by the Government of the Russian Federation for employees of organizations in certain sectors of the national economy, for example, railway transport.22
2. Administrative responsibility. Bringing employers and officials to this type of liability is carried out in accordance with the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation23).
2.1. According to Article 5.27 of the Code of Administrative Offenses of the Russian Federation, violation of labor legislation and labor protection shall entail the imposition of administrative fine for officials in the amount of 5 to 50 minimum sizes wages.
Violation of labor and labor protection legislation by a person previously exposed to administrative punishment for a similar administrative offense, entails disqualification for a period of one to three years. The procedure for disqualification is set out in article 3.11 of the Code of Administrative Offenses of the Russian Federation.
2.2 The powers to bring to administrative responsibility are vested in special bodies of state supervision and control (see Chapter 57 of the Labor Code of the Russian Federation).
3. Criminal liability. According to Article 143 of the Criminal Code of the Russian Federation, a violation of safety rules and other labor protection rules committed by a person who was responsible for observing these rules, if this entailed, by negligence, the infliction of grave or moderate harm to human health, is punishable by a fine in the amount of 200 to 500 minimum wages or in the amount wages or any other income of the convicted person for a period of two to five months, or correctional labor for a term of up to two years, or imprisonment for a term of up to two years.
The same act that caused the death of a person is punishable by imprisonment for a term of up to five years with or without deprivation of the right to engage in certain activities for a term of up to three years.
Criminal liability is provided for other violations of safety rules: for violation of safety at nuclear power facilities (Article 215 of the Criminal Code of the Russian Federation), during mining, construction and other works (Article 216 of the Criminal Code of the Russian Federation), violation of safety rules at explosive facilities (Art. 217 of the Criminal Code of the Russian Federation), violation of the rules for accounting, storage, transportation and use of explosive, flammable substances and pyrotechnic products (Article 218 of the Criminal Code of the Russian Federation), violation of fire safety rules (Article 219 of the Criminal Code of the Russian Federation).
In order to be able to prevent the exposure of themselves and their colleagues to unfavorable factors of the working environment, thereby preserving life and health, each employee must comply with certain rules.25
These rules have been transformed by the Labor Code of the Russian Federation into the duties of an employee in the field of labor protection. According to Article 214 of the Labor Code of the Russian Federation, an employee is obliged:
- comply with labor protection requirements established by laws and other regulatory legal acts, as well as rules and instructions on labor protection;
- correctly use means of individual and collective protection (Article 221 of the Labor Code of the Russian Federation);
- undergo training in safe methods and techniques for performing work on labor protection, first aid in case of accidents at work, instruction on labor protection, internship at the workplace, testing of knowledge of labor protection requirements (Article 225 of the Labor Code of the Russian Federation);
- immediately notify your immediate or superior manager about any situation that threatens the life and health of people, about every accident that occurs at work, or about a deterioration in your health, including the manifestation of signs of an acute occupational disease (poisoning);
- undergo mandatory preliminary (upon admission to work) and periodic (during employment) medical examinations (examinations) (Article 213 of the Labor Code of the Russian Federation).
Whether or not the employee fulfills the duties assigned to him by Article 214 of the Labor Code of the Russian Federation depends not only on him alone: the employer must create the conditions necessary for the employee for this.
1. Before concluding an employment contract with an employee when applying for a job, it is necessary to find out, using professional selection methods, his suitability for the forthcoming work activity, as well as his ability to adapt to its conditions, for which a trial period is used when hiring (Art .70 of the Labor Code of the Russian Federation).
2. Based on the provisions of Article 57 "Content of the Labor Agreement" of the Labor Code of the Russian Federation, it is advisable for the labor agreement to provide for the employee's obligation to comply with the labor protection rules in force in the organization, including the internal labor regulations. Compliance with an employment contract is mandatory for the parties.
Thus, with his knowledge and consent, the employee is assigned a certain obligation, which he must consciously observe, knowing that violation of the terms of the employment contract is disciplinary offense, for which a reprimand, reprimand, or even dismissal may be announced. It is advisable to inform the employee, in particular, that according to subparagraph "d" of clause 6 of Article 81 of the Labor Code of the Russian Federation, the violation by the employee of labor protection requirements, if this violation entailed serious consequences (industrial accident, accident, catastrophe ) or knowingly created a real threat of the onset of such consequences - they are the basis for his dismissal at the initiative of the employer.26
It will not be superfluous to inform the employee that in certain cases he may be held liable in accordance with Article 419 of the Labor Code of the Russian Federation.
3. For its part, the employer, based on the provisions of Article 189 "Labor Discipline and Labor Regulations of the Organization" of the Labor Code of the Russian Federation, is obliged in accordance with the Labor Code of the Russian Federation, laws, other regulatory legal acts, agreements, collective agreements, local regulations containing labor standards rights, organizations, labor contracts to create the conditions necessary for employees to comply with labor discipline. He will create such conditions if he consistently and fully fulfills his duties to ensure safe conditions and labor protection assigned to him by Article 212 of the Labor Code of the Russian Federation.
4. In order for the employee to be able to really comply with his obligations in the field of labor protection, the administration, for its part, is obliged, among other things, to respect his rights to work that meets the requirements of safety and hygiene (Article 219 of the Labor Code of the Russian Federation).
The employee needs to know his rights in order, if necessary, to require the employer to observe them. Knowledge of the rights will allow the employee to substantiate and formulate his requirements, proving that they are based on the provisions of the Labor Code of the Russian Federation and other legal acts. According to Article 212 of the Labor Code of the Russian Federation, the employer is obliged to ensure that employees are familiarized with the labor protection requirements.
5. In order for all employees to know the extent of their responsibility for violation of labor protection rules, it is advisable in the organization to approve in the prescribed manner (Article 8 of the Labor Code of the Russian Federation) a special local normative act defining such responsibility.27
When developing a local normative act regulating the responsibility of personnel for violation of labor protection rules, one should be guided by: the Labor Code of the Russian Federation, the Federal Law "On the Fundamentals of Labor Protection in the Russian Federation", the Criminal Code of the Russian Federation, the Code of the Russian Federation on Administrative Offenses, the Civil Code of the Russian Federation, 28 statutes and regulations on discipline approved in accordance with Article 189 of the Labor Code of the Russian Federation.
Chapter 3 Organization of labor protection
3.1 State management of labor protection
According to article 216 of the Labor Code of the Russian Federation public administration labor protection is carried out by the Government of the Russian Federation directly or on its behalf by the federal executive body performing the functions of normative legal regulation in the field of labor and other federal executive bodies.
The distribution of powers in the field of labor protection between federal executive bodies is carried out by the Government of the Russian Federation.
Federal executive bodies, which have been granted the right to exercise certain functions of normative legal regulation, special permitting, supervisory and control functions in the field of labor protection, are obliged to coordinate their decisions in the field of labor protection, as well as to coordinate their activities with the federal executive body performing the functions on labor regulation 29
State management of labor protection in the territories of the constituent entities of the Russian Federation is carried out by the federal executive bodies and the executive bodies of the constituent entities of the Russian Federation in the field of labor protection within the limits of their powers.30
Credentials executive bodies state authorities for the management of labor protection are regulated by Articles 5 and 6 of the Fundamentals, and local self-government bodies - by their Article 7.
The law refers to the powers of the federal bodies of state power legal support and the organization on this basis of a unified state policy in the field of labor protection.
This is achieved, firstly, by developing and communicating to the relevant executive bodies of laws and regulatory legal acts, the application of which ensures compliance with the requirements of state policy in the field of labor protection by subordinate bodies of state and municipal government, organizations and institutions specialized in labor protection, directly enterprises and organizations.
Secondly, the implementation of a unified state policy in the field of labor protection is achieved by ensuring the interaction of the above bodies with each other, as well as with trade unions and other representative bodies of workers.
Thirdly, the implementation of a unified state policy in the field of labor protection is provided by financial resources at the expense of the federal budget.31
The state authorities of the constituent entities of the Russian Federation manage labor protection within the boundaries of their territories. Based on their needs, they adopt legislative and other regulatory legal acts in the field of labor protection, which complement the relevant federal acts... Thus, in these territories, both federal and local regulations are applied, acting in parallel or complementing each other. State authorities of the constituent entities of the Russian Federation also carry out labor protection costs at the expense of their own budgets.32
Continuation
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When determining the powers of state authorities of the constituent entities of the Russian Federation in the field of labor protection, it is also necessary to be guided by the provisions of the above-mentioned article 6 of the Labor Code of the Russian Federation.
State management of labor protection on the territory of the constituent entities of the Russian Federation is carried out:
a) federal executive bodies in the field of labor protection;
b) the Council of the Administration of the constituent entities of the Russian Federation directly or on its behalf by the executive authority of the constituent entities of the Russian Federation in charge of labor protection issues.
The implementation of the main directions of state policy in the field of labor protection is ensured by coordinated actions of federal executive bodies, executive bodies of the constituent entities of the Russian Federation and local governments, employers, employers' associations, as well as trade unions, their associations and other representative bodies authorized by employees.
In order to organize coordinated actions to implement the state policy in the field of labor protection on the territory of the constituent entities of the Russian Federation, interdepartmental coordination councils on labor protection (hereinafter referred to as the council) are created.
The Council operates on the basis of the legislation of the Russian Federation, the Laws of the constituent entities of the Russian Federation "On Labor Protection" and the Regulation on the Council.33
The main tasks of the council are:
- determination of priority directions for the implementation of state policy in the field of labor protection in the territory of the constituent entities of the Russian Federation;
- assistance in coordinating the activities of state authorities of the constituent entities of the Russian Federation, state supervision and control over compliance with labor protection requirements, local authorities, employers, employers' associations, trade unions, their associations, as well as research and public organizations on the implementation of state policy in the field of labor protection;
- consideration and preparation of proposals for draft laws and other regulatory legal acts of the constituent entities of the Russian Federation in the field of labor protection;
- hearing and discussion of analytical information both on the state of labor protection in the territory of the constituent entities of the Russian Federation as a whole, and on specific problems ensuring the safety of life and health of employees in the process of work;
- consideration of organizational issues and proposals of associations of trade unions and employers on labor protection issues;
- assistance in improving the efficiency of the regional labor protection management system.
In accordance with Article 7 of the Fundamentals, local governments ensure the implementation of the main directions of state policy in the field of labor protection within their powers, as well as the powers transferred to them by the authorities of the constituent entities of the Russian Federation in the prescribed manner.
In accordance with the Federal Law of the Russian Federation of August 28, 1995 No. “On General Principles of Local Self-Government” 34 RF subjects adopt laws on local self-government, based on the provisions of the said federal law. These regional laws and the powers of local self-government bodies in the field of labor protection are determined. At the same time, the constituent entities of the Russian Federation have the right to endow local governments with additional powers in the field of labor protection, guided by the provisions of Article 6 of the Law.
According to Article 217 of the Labor Code of the Russian Federation, in order to ensure compliance with labor protection requirements, control their implementation in each organization carrying out production activities, with more than 100 employees, a labor protection service is created or the position of a labor protection specialist with appropriate training or work experience is introduced. in this area.
3.2 Organization and functions of labor protection services at the enterprise
In an organization with 100 or fewer employees, the decision to create a labor protection service or the introduction of the position of a labor protection specialist is made by the employer, taking into account the specifics of the activities of this organization.
In the absence of a labor protection service (labor protection specialist) in the organization, the employer concludes an agreement with specialists or with organizations that provide services in the field of labor protection.
The structure of the labor protection service in the organization and the number of employees of the labor protection service are determined by the employer, taking into account the recommendations of the federal executive body in charge of legal regulation in the field of labor.
The Ministry of Labor of the Russian Federation by its decree of February 8, 2000 No. No. 14 "On approval of the Recommendations on the organization of the work of the labor protection service in the organization" 35 approved the Recommendations of the same name. They are developed in accordance with Article 12 of the Federal Law "On the Fundamentals of Labor Protection in the Russian Federation" in order to assist employers in organizing the work of the labor protection service.
As a rule, persons with the qualification of an occupational safety engineer, or specialists with a higher professional (technical) education without presenting requirements for work experience or secondary vocational (technical) education and work experience as a technician of category I are appointed to the position of an occupational safety specialist. not less than 3 years or in other positions filled by specialists with secondary vocational (technical) education, not less than 5 years. All categories of these persons must undergo special training in labor protection.
Control over the activities of the Service is carried out by the head of the organization, the labor protection service of the parent organization (if any), the executive authority of the corresponding constituent entity of the Russian Federation in the field of labor protection and the bodies of state supervision and control over compliance with labor protection requirements. The head of the organization is responsible for the activities of the Service.
According to Article 217 of the Labor Code of the Russian Federation, which was reflected in the recommendations of the Ministry of Labor of the Russian Federation of February 8, 2000, the labor protection service is created in organizations carrying out production activities. Thus, Article 217 of the Labor Code of the Russian Federation does not oblige the heads of organizations that do not carry out production activities to create labor protection services. The leaders of such organizations decide for themselves whether or not to create such a service.
As follows from the text of Article 217 of the Labor Code of the Russian Federation, the heads of production organizations with more than 100 employees must create an occupational safety service or introduce the position of an occupational safety specialist with appropriate training or experience in the field of occupational safety.
In an organization with 100 or fewer employees, the employer decides on his own whether he should create such a service or introduce the position of an OSH specialist. If the service is not created and the position of an occupational safety specialist is not introduced, the employer must conclude an agreement with specialists or with an organization (organizations) providing services in the field of occupational safety.36
At the same time, in the standards for the number of employees, the directions of activity of employees of the labor protection service are given:
- management of labor protection;
- organization of work to prevent occupational injuries, occupational and occupational diseases;
- organization of work on the certification of workplaces for their compliance with the requirements of working conditions and labor protection;
- organization of propaganda on labor protection;
- holding introductory briefing;
- organization of briefings, training, testing of knowledge of labor protection requirements of employees;
- planning of labor protection measures, compilation of statistical reports in accordance with established forms, maintenance of labor protection documentation;
- operational control over the state of labor protection in the organization and its structural divisions;
- control over the observance of laws and other regulatory legal acts on labor protection;
- participation in the reconstruction of production and the organization of activities aimed at improving the working conditions of employees of the organization;
- investigation and registration of industrial accidents.
One cannot ignore the fact that the Recommendations define the areas of joint work of the labor protection service with the trade union committee;
- the service carries out its activities in cooperation, including with authorized (trusted) persons for labor protection of trade unions;
- Service employees in their activities are guided, inter alia, by agreements (general, regional, industry), collective agreement, labor protection agreement, local regulations containing labor law adopted by the employer.
Note in connection with the above that the purpose of the labor protection service is determined by the interests of employees. Therefore, the trade union committee is interested in its successful activities, which it can really contribute. Based on this, it is advisable to write in the Regulations on the Service that it carries out its activities, including in cooperation with the elected trade union body of the organization. The forms of such interaction are determined by the service and the trade union committee in the course of joint work, proceeding from its specific directions. It is also desirable that the trade union committee take part in planning the work of the service.
The Civil Code of the Russian Federation does not provide a definition of the concept of "organizational and legal form", but provides a list of legal entities with various organizational and legal forms: business companies, production cooperatives, state and municipal unitary enterprises, etc.
It is unlikely that this or that organizational and legal form of an economic entity somehow influenced the position on the labor protection service. Labor legislation applies equally to employers and employees, regardless of what organizational and legal form the employer has. If the latter somehow affects the content of the Regulation on the Labor Protection Service, then this should have been commented on in the text of the Recommendations.37
The inaccuracy that has crept into the text should not be dramatized. Another thing is important: each organization carrying out production activities, in which the labor protection service has been created (created), must develop and approve the corresponding Regulation.
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As noted above, the Ministry of Labor of Russia, by its decree of February 8, 2000 No. No. 14 "On approval of the Recommendations for the organization of the work of the labor protection service in the organization" approved the Recommendations of the same name, which are defined in general view tasks facing the labor protection service, and recommendations are given on its creation and organization of work. The directions of the work of the service are detailed in the "Interindustry standards for the number of workers in the labor protection service in organizations", approved by the decree of the Ministry of Labor of Russia dated January 22, 2001. No. 10.38 There are also given the standards for the number of service specialists, depending on total workers, as well as workers employed in heavy and hazardous work conditions.
In our opinion, the main thing in the decree of the Ministry of Labor of Russia of January 22, 2001. by no means the standards for the number of occupational safety service specialists themselves. They are very conditional and require significant adjustments. The value of this resolution lies in the fact that, firstly, it sets out in detail the content of the work of the labor protection service, its functions. Secondly, the content of this work is distributed according to directions, which opens up the possibility of reasonably determining the structure of the service - from which functional units it consists. This, in turn, makes it possible to select the appropriate specialists for each department of the service, to determine their composition and, finally, the number, taking into account the Intersectoral standards for the number of specialists in the labor protection service.
So, it is no secret that the main figure in all labor relations is the employer. It is on him that the state of labor protection in the organization depends. Therefore, the legislation completely imposes on the employer the obligations to ensure safe conditions and labor protection.
Labor protection in accordance with labor legislation is a system for preserving the life and health of workers in the process of working and includes legal, socio-economic, organizational and technical, sanitary and hygienic, treatment and prophylactic, rehabilitation and other measures.
Occupational safety issues are currently regulated by the Labor Code of the Russian Federation and the Federal Law of July 17, 1999 No. 181-FZ "On the Fundamentals of Occupational Safety in the Russian Federation." The main provisions of this law are duplicated in the Labor Code of the Russian Federation. In addition, there is a fairly large number of regulatory legal acts that regulate in more detail separate issues labor protection (certification of workplaces, requirements for hazardous and hazardous industries etc.). Our country also has a system of state regulatory requirements for labor protection. They establish rules, procedures and criteria aimed at preserving the life and health of workers in the process of working.
However, only the establishment of labor protection requirements that employees and employers must comply with would not achieve its goal if appropriate measures of responsibility for non-compliance were not provided. Currently, liability for violation of labor protection requirements is provided for by Article 5.27 of the Administrative Code of the Russian Federation and Article 143 of the Criminal Code of the Russian Federation.
Conclusion
One of the main methods of regulating labor and those directly related to labor relations is a combination of centralized and local methods. Moreover, at the centralized level, a minimum social standard is fixed, which cannot be lowered at other levels under any circumstances. One of the elements of such a standard is state guarantees to provide every worker with healthy and safe working conditions.
- the establishment of safety organizations at factories, whose competence would include measures to investigate each accident that occurred at this plant, and consider the methods that should be adopted to prevent their recurrence; systematic monitoring of machinery, machinery and equipment in order to ensure safety, and in particular to ensure that all fences and other protective devices are maintained in proper order and condition; explaining to new, and especially young, workers the possible dangers in the operation of machinery or equipment associated with their work; organization of first aid and transportation of injured workers; encouragement of proposals made by employees in order to improve labor safety;
- for the state to organize the preparation of monographs on the causes of accidents and their prevention in some industries or some processes, and these monographs would be prepared by the service state inspection or other competent authorities and summarized the experience gained with best activities for the prevention of accidents in a given industry or in a given process, were published by the state for the information of entrepreneurs, engineering and technical workers of factories and workers in this industry, as well as organizations of employers and workers.
- the state has taken measures to be included in learning programs in primary schools, lessons to teach caution skills, and in the curriculum of secondary schools, lessons on accident prevention and first aid. In vocational schools at all levels, training on the prevention of industrial accidents should be provided and pupils should be taught the importance of this subject both from an economic and a moral point of view.
- Measures should be taken to ensure that all establishments contain the necessary first aid materials ready for use and that first aid is provided by appropriately trained persons. It is also advisable to take steps to ensure that in serious accidents, medical assistance can be provided as soon as possible. Arrangements should also be made to provide ambulances to quickly transport injured persons to hospital or home.
Contents of Art. 4 of the Law "On the basics of labor protection" indicates that in the formation of legislation on labor protection; development of federal target, sectoral target and territorial target programs for improving labor conditions and safety; in the management of labor protection and the implementation of supervision and control over the observance of legislation on labor protection; in ensuring the functioning of a single information system labor protection; in the protection of the legitimate interests of employees who have suffered from accidents and occupational diseases, as well as their family members, and in the implementation of other directions of state policy in the field of labor protection, the most important role belongs to state bodies.
At the same time, the article emphasizes that the implementation of the main directions of the state policy in the field of labor protection should be ensured through the implementation of coordinated actions of the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local governments, employers, employers' associations, as well as trade unions, their associations and other representative bodies authorized by employees on labor protection issues.
We agree with the opinion of E.V. Chuprova. that strict control over the observance of favorable working conditions, the inevitability of the responsibility of managers for every violation related to safety and industrial sanitation, financial targeted support of employers and their interest in improving working conditions are the main directions of improving legislation in the field of protecting the labor rights of workers. 40 And the first steps in this direction are already being taken.
An important role is played by the establishment of judicial protection of workers' rights. The court, protecting the right to work in conditions that meet the requirements of labor protection, is endowed with broad powers to apply measures of influence to violators of labor protection legislation. In addition to attracting legal responsibility, such measures include the right of the court to suspend the violator's activities that violate labor protection requirements, and the right of the court to liquidate the violating organization.
Bibliography
Normative acts:
The Constitution of the Russian Federation was adopted by popular vote 12.12.1993
International Covenant "On Economic, Social and Cultural Rights" of 12/16/1966
Recommendation No. 31 The International Organization of labor "On the prevention of accidents at work" (Adopted in Geneva on 21.06.1929 at the 12th session of the General Conference of the ILO) // Conventions and Recommendations adopted by the International Labor Conference. 1919 - 1956 .-- T. I. - Geneva: International Labor Office, 1991 .-- pp. 171 - 177.
Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ
Code of the Russian Federation on Administrative Offenses dated 30.12.2001 No. 195-FZ
The Criminal Code of the Russian Federation of 13.06.1996 No. 63-FZ
Civil Code of the Russian Federation (part one) dated 30.11.1994 No. 51-FZ
Civil Code of the Russian Federation (part two) dated 26.01.1996 No. 14-FZ
Federal Law "On the Fundamentals of Labor Protection in the Russian Federation" dated 17.07.1999 No. 181-FZ
Federal Law "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases" dated 24.07.1998 No. 125-FZ
Federal Law "On General Principles of Organization of Local Self-Government in the Russian Federation" dated 28.08.1995 No. 154-FZ
Resolution of the Government of the Russian Federation "On the procedure for organizing and operating federal government agencies medical and social expertise"Dated 16.12.2004 No. 805
Resolution of the Government of the Russian Federation "On the Forms of Documents Required for Investigation and Recording of Industrial Accidents, and on the Peculiarities of Investigation of Industrial Accidents" dated 31.08.2002 No. 653
Resolution of the Government of the Russian Federation "On Approval of the Regulations on Investigation and Recording of Occupational Diseases" dated 15.12.2000 No. 967
Resolution of the Government of the Russian Federation "On Approval of the Rules for Establishing the Degree of Loss of Occupational Disability as a Result of Industrial Accidents and Occupational Diseases" dated 16.10.2000 No. 789
Resolution of the Government of the Russian Federation "On regulatory legal acts containing state regulatory requirements for labor protection" dated May 23, 2000 No. 399
Resolution of the Ministry of Labor of the Russian Federation "On approval of the forms of documents required for the investigation and recording of accidents at work, and provisions on the features of the investigation of accidents at work in certain industries and organizations" dated 24.10.2002 No. 73
Resolution of the Ministry of Labor of the Russian Federation "On the approval of intersectoral standards for the number of workers in the labor protection service in organizations" dated January 22, 2001 No. 10
Resolution of the Ministry of Labor of the Russian Federation "On approval of recommendations for organizing the work of the labor protection service in an organization" dated 02/08/2000 No. 14
Order of the Ministry of Health and Social Development of the Russian Federation "On determining the severity of health damage in accidents at work" dated February 24, 2005 No. 160
Order of the Ministry of Health of the Russian Federation "On improving the system of investigation and registration of occupational diseases in the Russian Federation" dated May 28, 2001 No. 176
Order of the Ministry of Healthcare of the Russian Federation "On the procedure for conducting preliminary and periodic medical examinations of workers and medical regulations admission to the profession "dated 03.14.1996 No. 90
Continuation
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Special literature:
Anisimov L.N. Employment contract: conclusion, amendment and termination. Practical advice... - M., ZAO Yustitsinform, 2005.
Bratchikova N.V. Commentary on the law on compulsory social insurance against industrial accidents and occupational diseases. - M., Legal House "Yustitsinform", 2001.
Guev A.N. Article-by-article comment to the Labor Code of the Russian Federation. - M .: Delo, 2003.
Gusov K.N., Tolkunova V.N. Labor law of Russia. Textbook. 2nd ed. - M .: Jurist, 1999.
Ignatyuk N.A., Sheptulina N.N. On state management of labor protection // Journal Russian law. – 2003. – № 5.
1. Basic provisions current legislation RF on labor protection 2. Normative legal acts on labor protection and responsibility for them
implementation 3. Rights and guarantees of workers' rights to work in conditions appropriate
labor protection requirements 4. Features of labor protection for women and youth
5. Compensation for hard work and work with harmful and hazardous working conditions, the procedure for their provision
6. Collective agreements and agreements on labor protection: content, procedure for registration and registration
7. State supervision and control over compliance with labor protection legislation
8. Public control over labor protection
The main provisions of the current legislation of the Russian Federation on labor protection
The main laws on labor protection:
1. Constitution of the Russian Federation
2. Labor Code of the Russian Federation
3. Federal Law of 07.24.1998 No. 125-FZ "On compulsory social insurance against industrial accidents and occupational diseases"
4. Federal Law of July 21, 1997 No. 116-FZ "O industrial safety hazardous production facilities "
5. Federal Law of 21.12.1994 No. 69-FZ "On fire safety"
6. Civil Code of the Russian Federation of January 26, 1996 No. 14-ФЗ Chapter 59
7. Code of Administrative Offenses. As amended by Federal Law No. 196-Fz Articles 5.27-5.29, 33
8. Criminal Code of the Russian Federation of 13.06.1996 No. 63-FZ. Article 143 (Violation of Labor Protection Rules)
LABOR PROTECTION is a system of preserving the life and health of employees in the process of labor activity, including: legal, social
economic, organizational and technical, sanitary and hygienic, treatment and prophylactic, rehabilitation and other measures.
The main provisions of the labor code
The scope and main directions of the state policy in the field of labor protection are outlined;
Occupational safety management is provided both at the state level and at the enterprise level;
The powers in the field of labor protection of state authorities of the Russian Federation, constituent entities of the Russian Federation and local self-government bodies have been determined;
Established the rights and guarantees of the rights of workers to work in conditions that meet the requirements of labor protection;
Installed employer's responsibilities to ensure safe working conditions for employees;
Determined employer's responsibility for harm caused to the health of an employee by a work injury;
Provides for the provision of compensation to employees for hard work and work with harmful and (or) dangerous working conditions;
The main functions and responsibilities of the authorities are defined
state supervision and control compliance with labor protection legislation;
Bodies, organizations and persons have been identified that should carry out
public control for labor protection;
Normative legal acts on labor protection
Name of the type of regulatory legal act
Cross-industry rules on labor protection Cross-industry standard instructions on labor protection
Industry rules on labor protection Model instructions on labor protection
Safety regulations Safety and construction regulations Safety instructions
State standards of the labor safety standards system
Building codes and regulations Codes of design and construction
State sanitary and epidemiological rules and regulations:
Sanitary rules,
Hygiene standards,
Sanitary rules and regulations,
Sanitary standards
Abbreviated
POT RM TI RM POT RO
IB GOST R SSBT
Federal executive body approving the document
Ministry of Health of Russia
Federal executive authorities
Rostekhnadzor of Russia Gosatomnadzor of Russia
Gosstandart of Russia
Gosstroy of Russia Gosstroy of Russia
Ministry of Health of Russia
Types of liability of officials for violation of labor law requirements
1. Disciplinary |
Comment |
For committing an employee |
Art. Art. 192 - 194 |
disciplinary |
Labor Code of the Russian Federation |
||
Dismissal for the relevant |
misdemeanor |
||
grounds |
|||
2. Material |
Pecuniary punishment |
For application |
Section XI of the Labor |
material damage in |
RF Code |
||
as a result of unlawful |
|||
behavior |
|||
3.Administrative |
A warning |
For committing |
Code on |
Administrative penalty |
administrative |
administrative |
|
Deprivation special law, |
offenses |
violations of the RF |
|
given to the person |
|||
Disqualification |
|||
Administrative suspension |
|||
activities |
|||
4. Criminal |
For deeds containing everything |
Criminal Code of the Russian Federation |
|
Mandatory work |
signs of crime |
||
Restriction of freedom |
|||
Imprisonment for a certain |
|||
Deprivation of the right to borrow |
|||
certain positions |
Rights and guarantees of workers' rights to work in conditions that meet the requirements of labor protection
Every employee has the right to:
Workplace that meets the requirements of labor protection;
compulsory social insurance from accidents and occupational diseases;
obtaining reliable information from the employer on the conditions and labor protection at the workplace;
refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements until such danger is eliminated;
provision of means of individual and collective protection in accordance with the requirements of labor protection at the expense of the employer;
training in safe working methods and techniques at the expense of the employer;
request for inspection of working conditions and labor protection at his workplace:
appeal on labor protection issues to the state authorities of the Russian Federation;
Personal participation or participation through their representatives in the consideration of issues related to ensuring safe working conditions at his workplace, and in the investigation of an industrial accident or occupational disease that occurred to him;
extraordinary medical examination (examination) in accordance with medical recommendations with the preservation of his place of work (position) and average earnings during the passage of the specified medical examination;
Compensation established by law, collective agreement, agreement, local regulation, labor contract, if he is engaged in heavy work and work with harmful and (or) dangerous working conditions.
Features of labor protection for women and youth
Labor protection standards for women can be divided into two groups: standards that apply to all women; norms applicable to pregnant women and mothers,
with children, or persons with family responsibilities.
The following regulations apply to all working women
The use of women's labor is limited: in heavy work;
at work with harmful and (or) dangerous working conditions in underground work, with the exception of non-physical work and work on sanitary and domestic services (Article 253 of the Labor Code of the Russian Federation).
Is prohibited employment of women at work related to lifting and manually moving heavy objects exceeding the maximum permissible norms for them.
The government of the Russian Federation has established maximum permissible loads for women when lifting and moving weights manually:
when alternating with other work (up to 2 times per hour) - 10 kg; constantly during the work shift - 7 kg.
For pregnant women and women with children, the following regulations apply
Forbidden pregnant women: to send on business trips; engage in overtime work; engage in work at night;
involve in work on weekends and non-working holidays.
Average earnings remain at the place of work for pregnant women undergoing compulsory dispensary examination in medical institutions. Vacation: for pregnancy and childbirth women, upon their application and on the basis of the issued certificate of incapacity for work, is provided with the following duration:
70 (in case of multiple pregnancies, 84) calendar days before delivery; 70 (in case of complicated childbirth 86, when two or more children are born - 110) calendar days after childbirth with payment of benefits under the state
social insurance in the amount established by federal laws (Article 255 of the Labor Code of the Russian Federation).
Before or immediately after maternity leave, or at the end of parental leave a woman is granted annual paid leave at her request regardless of the length of service for a given employer (Article 260 of the Labor Code of the Russian Federation); for child care a woman is provided upon her application until the child reaches the age of 3 years.
Additional breaks for feeding a child, in addition to a break for rest and food, are provided to working women with children under the age of six months: at least every 3 hours and lasting at least 30 minutes each.
Features of labor protection of youth
Conclusion of an employment contract allowed with persons have reached the age (article 63 of the Labor Code of the Russian Federation, 16 years old;
14 years old, to perform light work in his free time, which does not harm his health and does not interfere with the learning process with the consent of one of the parents (guardian) and the guardianship and guardianship authority; under the age of 14 in organizations of cinematography, theater and concert
organizations, circuses to participate in the creation and (or) performance, exhibition of works without prejudice to health and moral development with the consent of one of the parents (guardian) and the permission of the guardianship and guardianship authority.
It is forbidden (Article 265 of the Labor Code of the Russian Federation) to use the labor of persons under 18 years of age: at work with harmful or dangerous working conditions; in underground work;
at work, the performance of which may harm their health and moral development: gambling business; work in night cabarets and clubs;
production, transportation and trade of alcoholic beverages, tobacco products, narcotic and other toxic drugs.
involve employees under the age of 18 to work:
overtime (except for creative workers, professional athletes, etc.),
in nighttime,
v weekends and non-working daysholidays and
send on business trips (Article 268 of the Labor Code of the Russian Federation)
Adolescents should not be assigned to work solely carrying or moving heavy objects weighing over 4.1 kg.
3. The labor protection service is CREATED AT THE ENTERPRISE WITH A NUMBER OF EMPLOYEES: - More than 50 people - necessarily, as a separate subdivision; - From 20 to 50 people - the functions of the Service can be performed by one person (including part-time / combination); - Less than 20 people - the functions of the Service can be performed by freelance specialist(under contract).
5. Personal protective equipment: - Special clothing, footwear and other means of ind. protection - at work with harmful and hazardous working conditions, as well as at work associated with pollution or unfavorable temperature conditions; - Special soap at home and at work, washing and neutralizing agents - at work related to pollution; - Free milk - at jobs with harmful conditions; - Treatment and prophylactic nutrition - at work with particularly harmful working conditions; - Carbonated salt water - for hot shop workers.
7.1. Who is required to complete the training? - Employees employed in jobs with increased danger or where there is a need for professional recruitment - once a year; - Heads of enterprises, managers and specialists of the labor protection service and members of the labor protection commission - once every three years.
7.2. Who conducts the training? - The main scientific and methodological center of Gosgorpromnadzor - for managers, specialists of the labor protection service and members of the labor protection commission of enterprises with more than 1000 employees; - Sectoral training centers (institutions) - for managers, specialists of the labor protection service and members of the commission on labor protection of enterprises with a number of employees less than 1000 people, as well as for officials of small enterprises; - An enterprise independently or a business entity engaged in training - for workers employed in hazardous work or works with professional completion.
8. Medical examinations of the CATEGORIES OF EMPLOYEES SUBJECT TO COMPULSORY MEDICAL EXAMINATION: - Persons under 21 years old; - Persons engaged in heavy work; - Persons engaged in work with harmful or hazardous working conditions; - Persons employed in jobs where there is a need for professional work. 20 Slide prepared by UK " Legal assistance". CONTACTS: KIEV, STR. FRUNZE (044), +38 (067) Company website COMPANY SITE:
Theme. Labor protection 1. Concept, content and significance of labor protection. Legislation on labor protection 2. The employee's right to labor protection, his guarantees and the employer's obligations to ensure it. 3. Organization of labor protection, its bodies. 4. Ensuring labor protection. Safety regulations and industrial sanitation. Occupational safety standards system. 5. Investigation and registration of industrial accidents. 5. Investigation and registration of industrial accidents.
1. Concept, content and significance of labor protection. is a system for ensuring the life and health of an employee in the labor process by all means and measures: legal, socio-economic, sanitary-hygienic, treatment-and-prophylactic, organizational and technical, etc. Labor protection in a broad sense is a system of ensuring the life and health of an employee in the labor process by all means and measures: legal, socio-economic, sanitary and hygienic, therapeutic and prophylactic, organizational and technical, etc.
This is a system of legal norms stipulating in legislation, collective and labor contracts and agreements, measures and means of ensuring safe and healthy working conditions for employees and measures to improve and improve these conditions. The concept of labor protection in the narrow sense is a system of legal norms that provide for measures and means of ensuring safe and healthy working conditions for workers and measures to improve and improve these conditions in legislation, collective and labor contracts and agreements.
The labor protection institute consists of the following groups of norms: norms - principles of state policy in the field of labor protection and rules of state management of labor protection; norms - principles of state policy in the field of labor protection and rules of state management of labor protection; norms ensuring the right of the employee to labor protection and his guarantees; norms ensuring the right of the employee to labor protection and his guarantees; norms of organization and provision of labor protection by the employer, including preventive supervision and investigation of accidents at work; norms of organization and provision of labor protection by the employer, including preventive supervision and investigation of accidents at work; safety regulations and industrial sanitation, occupational safety standards system (SSBT). safety regulations and industrial sanitation, occupational safety standards system (SSBT).
Social significance of labor protection: protects the life and health of workers from possible industrial hazards; protects the life and health of employees from possible industrial hazards; promotes cultural and technical growth; promotes cultural and technical growth; contributes to the humanization of labor. contributes to the humanization of labor.
The economic significance of labor protection: the growth of labor productivity of workers, and thereby the growth of production, economy; the growth of labor productivity of workers, and thereby the growth of production, the economy; reduction of losses of working time from temporary disability of employees due to industrial injuries, occupational diseases, saving funds from the Social Insurance Fund. reduction of losses of working time from temporary disability of employees due to industrial injuries, occupational diseases, saving funds from the Social Insurance Fund.
Legal significance labor protection: promotes work on the ability to work, taking into account the female body, the body of adolescents, reduced working capacity of disabled people, pensioners; promotes work on the ability to work, taking into account the female body, the body of adolescents, reduced working capacity of disabled people, pensioners; implements subjective right employees to comprehensive labor protection and the employer's obligation to ensure this right; realizes the subjective right of employees to comprehensive labor protection and the employer's obligation to ensure this right; is an essential element employment relationship, the hiring of workers is carried out taking into account the severity of working conditions. is the most important element of the labor relationship, the hiring of workers is carried out taking into account the severity of working conditions.
The principles of organization of labor protection: 1) recognition and ensuring the priority of preserving the life and health of workers in relation to the results of production activities; 2) coordination of labor protection activities with other areas of economic and social policy; 3) the establishment of uniform regulatory requirements for labor protection for all industries in the country; 4) state management of labor protection activities; 4) state management of labor protection activities; 5) public monitoring of compliance legal rights and interests in the field of labor protection; 6) interaction and cooperation of state administration, supervision and control bodies with employers, trade union bodies interested in the development and implementation of the state policy in the field of labor protection; 7) mandatory investigation of each accident and occupational disease at work; 8) the establishment of statistical reporting on working conditions and accidents at work.
Principles of economic state policy on labor protection: 1. implementation of an effective tax policy that stimulates the creation of healthy and safe working conditions, the introduction of safe equipment and technologies, means of individual and collective protection; 2. participation of the state in financing labor protection measures; 3. the establishment of compensation and benefits for hard work, work with harmful and hazardous working conditions; 4. protection of the interests of workers who have suffered from work injuries, as well as their family members.
Organizational principles of labor protection: 1. training of specialists in the field of labor protection; 2. informing employees about the state of working conditions and labor protection at work; 3.dissemination of advanced domestic and foreign experience in improving labor protection
2. The employee's right to labor protection, his guarantees and the employer's obligations to ensure it - this is the employee's right, exercised in the process of his work. The right to labor protection is the employee's right, exercised in the course of his work. With admission, it is actively implemented, and the employer and his administration are obliged to ensure this right
The content of the right to labor protection includes a number of rights: 1) to a safe workplace; 2) for compensation for harm; 3) to receive reliable information from the employer about the state of labor protection at his workplace; 4) to refuse to perform work in the event of an immediate danger to his life and health; 5) to provide him free of charge with means of collective and individual protection; 6) for training in safe methods and techniques of work at the expense of the employer; 7) for free retraining at the expense of the employer; 8) to carry out inspection by the relevant authorities of labor conditions and labor protection; 9) to file a complaint with the relevant authorities and trade unions about unsatisfactory conditions and labor protection; 10) to participate in the verification and consideration of issues on improving working conditions and labor protection.
Guarantees of the employee's right to labor protection: 1) the state guarantees employees the protection of their right to work in conditions that meet the requirements of labor protection; 2) the terms of the employment contract must comply with the labor protection requirements; 3) upon suspension of work due to violation of labor protection legislation, the employee retains his place of work, (position) and average earnings; 4) in case of suspension of activities or closure of the enterprise due to violation of labor protection, the employee is provided with a workplace; 5) upon liquidation of a shop, site, workplace at the request of the state supervision and control authorities due to the impossibility of ensuring healthy and safe working conditions, the employer is obliged to provide the employee with a new workplace corresponding to his qualifications, or to provide him with free training in a new profession (specialty) while maintaining period of retraining of average earnings; 6) the employee's refusal to perform work in the event of an immediate danger to his life and health, not provided for by the employment contract, does not entail any unreasonable consequences for him to be brought to disciplinary responsibility.
3. Organization of labor protection, its bodies include state administration, labor protection bodies, its planning and financing, preventive supervision and investigation of accidents at work, their prevention and accounting. The organization of labor protection includes state administration, labor protection bodies, its planning and financing, preventive supervision and investigation of industrial accidents, their prevention and accounting.
Unlike the current one (in the process of labor), it is called so because it is carried out even before the commissioning of industrial buildings, structures, equipment, technological processes. Preventive supervision of labor protection, in contrast to the current one (in the process of labor), is so called because it is carried out even before the commissioning of industrial buildings, structures, equipment, technological processes.
Briefing is: a) introductory with all employees when they are hired; b) primary at the workplace; c) repeated, if circumstances require; d) unscheduled when changing the rules of labor protection of the technological process, etc .; e) target when working to eliminate the consequences of accidents, disasters, etc.
4. Ensuring labor protection. Safety regulations and industrial sanitation. The system of labor safety standards is not only equipment, machines, technologies that are safe for the employee, but also the correct placement of machines, the safety of production materials, raw materials, protective equipment in case of their danger, both collective and individual, preventive measures in hazardous working conditions. Safety precautions are not only equipment, machines, technologies that are safe for the employee, but also the correct placement of machines, the safety of production materials, raw materials, protective equipment in case of their danger, both collective and individual, preventive measures in hazardous working conditions.
Includes the state of the air environment, lighting, the issuance of free special clothing, soap or washing agents for dirty work, the equipment of household premises. Industrial sanitation includes the state of the air environment, lighting, the issuance of free special clothing, soap or washing agents for dirty work, and the equipment of household premises.
5. Investigation and accounting of industrial accidents. The main stages of accident investigation: 1. Creation of a special commission. 2. Conducting an investigation by the commission and informing the head of the organization about the findings. 3. Registration of the accident report. 4. Registration of the formalized accident by the employer in the corresponding accident register in the prescribed form.
A system of legal measures established by special norms that ensures, taking into account the physiological characteristics of the female body, its maternal function, the safety of working conditions for the body of the mother (future mother) and her offspring. Special protection labor of women - a system of legal measures established by special norms that ensures, taking into account the physiological characteristics of the female body, its maternal function, the safety of working conditions for the body of the mother (future mother) and her offspring.
This is a system of special norms that provide youth (especially adolescents under 18 years of age) labor benefits on working hours, protection from difficult, harmful and dangerous working conditions, which allows young people to work safely for the body, psyche and combine work in production with continuing education. Special labor protection for young people is a system of special norms that provide young people (especially adolescents under 18) with labor benefits for working hours, protection from difficult, harmful and dangerous working conditions, which allows young people to work safely for the body, psyche and combine work in production with continuing education.
Similar presentations:
Federal Law of the Russian Federation of December 30, 2001 No. 197-FZ"Labor Code of the Russian Federation"
Federal Law of the Russian Federation of July 24, 1998 No. 125-FZ "On
compulsory social insurance from
industrial accidents and
occupational diseases ".
Federal Law of the Russian Federation of December 28, 2013 No. 426-FZ "On
special assessment of working conditions ".
1Resolution of the Government of the Russian Federation of February 25, 2000 "No. 162 On
the use of women's labor ".
Resolution of the Government of the Russian Federation of February 25, 2000 No. 163 "On
approval of the list of heavy work and work with harmful and
hazardous working conditions under which it is prohibited
employment of persons under eighteen years of age. "
Resolution of the Government of the Russian Federation of December 27, 2010 No. 1160 "On approval
Provisions for the development, approval and amendment of regulatory
legal acts containing state regulatory
labor protection requirements ".
2Resolution of the Ministry of Labor of Russia No. 1 and the Ministry of Education of Russia No. 29
from 13.01.2003 "On approval of the order of training in labor protection and
checking the knowledge of the labor protection requirements of employees of organizations ".
Order of the Ministry of Health and Social Development of Russia dated 12.04.2011. No. 302n "About
approval of lists of harmful and (or) hazardous production
factors and works during which
preliminary and periodic medical examinations
(survey), and the procedure for conducting mandatory
preliminary and periodic medical examinations
(surveys) of workers engaged in heavy work and at work
with harmful and (or) dangerous working conditions "
Order of the Ministry of Health and Social Development of Russia dated 01.06.2009. No. 290n "About
approval of the Interindustry rules for the provision of workers
special clothing, special shoes and other means
individual protection ".
3Resolution of the Ministry of Labor dated October 24, 2002 No. 73 "On approval
forms of documents required for investigation and accounting
accidents at work, and the Regulations on
peculiarities of investigation of accidents at
production in certain industries and organizations ".
Order of the Ministry of Health and Social Development of Russia dated 01.03.2012 N 181n "On
approval model list implemented annually
employer measures to improve conditions and security
labor and reducing the levels of occupational risks "
Resolution of the Ministry of Labor dated 17.12.2002 of the Russian Federation No. 80 "On
approval guidelines to develop
state regulatory requirements for labor protection ".
4Labor protection - a system of preserving life and health
workers in the course of work, including
legal, socio-economic, organizational and technical, sanitary and hygienic, treatment and prophylactic, rehabilitation and other measures.
Production activity - a set of actions
workers with the use of labor tools necessary for
transformation of resources into finished products, including
production and processing of various types of raw materials,
construction, provision of various types of services.
(Article 209 of the Labor Code of the Russian Federation)
5comply with labor protection requirements;
correctly apply the means of individual and collective
protection;
be trained in safe methods and techniques
work and first aid for injured workers,
instruction on labor protection, internship at the workplace,
examination of knowledge of labor protection requirements;
immediately notify your immediate or superior
a leader about any situation that threatens life and health
people, about every accident that happened on
production, or about the deterioration of their health, including
including the manifestation of signs of acute professional
diseases (poisoning);
pass the mandatory preliminary (upon admission to
work) and periodic (during employment)
medical examinations (examinations), as well as undergo
extraordinary medical examinations (examinations) for
the direction of the employer in the cases provided for by this
The Code and other federal laws.
6PPE
P and IOT
OSS
Education
Employer
must
to provide
OSHMS
SOUT
Investigation
Medical examinations
7"Financing measures to improve conditions
and labor protection by employers (with the exception of
state unitary enterprises and
federal institutions) is carried out in the amount of not
less than 0.2 percent of the amount of production costs
products (works, services).
Typical list of annually sold by the employer
at the expense of these funds, measures to improve
labor conditions and safety and lower levels
professional risks is established
federal executive body,
carrying out the functions of developing
public policy and regulatory
labor regulation.
The employee does not bear funding costs
measures to improve working conditions and safety. "
Order of the Ministry of Health and Social Development of Russia dated 01.03.2012 N 181n "On approval
a standard list of measures annually implemented by the employer for
improving labor conditions and safety and reducing the levels of professional
risks "
8Organization of the Labor Protection Service in
organization
9Article 217 of the Labor Code of the Russian Federation
Every employer performing
production activity, with the number
employees over 50 people, a security service is being created
labor or the position of a safety specialist is introduced
labor, with the number of employees 50 or less people, the decision to create a labor protection service or introduce
occupational safety specialist positions - at the discretion
employer.
10Article 217 of the Labor Code of the Russian Federation
In the absence of an employer with a number of employees 50
and less than a full-time occupational safety specialist
their functions are carried out:
employer - individual entrepreneur
(personally), the head of the organization;
another employee authorized by the employer
organizations;
organization or specialist providing services in
areas of labor protection attracted by the employer for
civil contract.
Providing such a service has the right of organizations,
having state accreditation for
the provision of this service, in accordance with
the requirements of the Order of the Ministry of Health and Social Development of Russia
dated 01.04.2010 No. 205n "On approval of the list
services in the field of labor protection, for the provision of which
accreditation required, and accreditation rules
organizations providing security services
labor ".
11Article 217 of the Labor Code of the Russian Federation
The structure of the labor protection service in the organization and the number
workers of the labor protection service are determined
employer, taking into account the recommendations of the federal body
executive power exercising the functions of
labor regulations.
Resolution of the Ministry of Labor of Russia dated January 22, 2001 No. 10
"On the approval of intersectoral standards
the number of employees of the labor protection service
in organizations "
In organizations with an average headcount
up to 700 workers (in the absence of workers,
employed in heavy and associated with harmful and
hazardous working conditions) functions
labor protection services can perform
individual labor protection specialists, in
organizations with more
employees - labor protection bureaus with a staff of 3 - 5
units (including the position of the chief
bureau) or a department with a staff of 6 units.
12Article 218 of the Labor Code of the Russian Federation
At the initiative of the employer and (or) at the initiative of employees, or
their representative body committees (commissions) are created for
labor protection. They include on a parity basis
employer representatives and representatives of an elected body
primary trade union or other
representative body of workers.
The standard regulation on the labor protection committee (commission) was approved
by order of the Ministry of Health and Social Development of Russia dated May 29, 2006 No. 413.
Article 370 of the Labor Code of the Russian Federation
Authorized (trusted) persons for labor protection
trade unions have the right to check without hindrance
compliance with labor protection requirements and make
obligatory for consideration by officials
proposals to eliminate detected violations
labor protection requirements.
13State guarantees and compensation for
work in harmful and (or) dangerous conditions
labor
14Installed for workers, working conditions at workplaces
which, according to the results of a special assessment of working conditions, were assigned
to harmful working conditions of 3 or 4 degrees or hazardous conditions
no more than 36 hours a week
Working duration
time maybe
increased, but not more than
up to 40 hours a week. For workers engaged in work with harmful and (or)
hazardous working conditions where it is installed
shorter working hours
- 8 ocloc'k;
- 6 o'clock
with a 36 hour work week
- till 12 o'clock;
with a 30-hour work week or less
- up to 8 hours. Annual additional leave is granted to employees, working conditions at workplaces
which, according to the results of a special assessment of working conditions, are classified as harmful working conditions 2, 3
or 4 degrees or hazardous working conditions.
Minimum duration
annual supplementary
paid leave for employees
is 7 calendar days
Part of the annual additional paid
vacation that exceeds the minimum
the duration of this vacation (7 calendar
days) maybe
replaced by a separately set cash
compensation
Work experience, giving the right to annual additional
paid leave for work with harmful and (or) dangerous conditions
labor, includes only actually worked in the corresponding
conditions time Increasing the duration of the shortened duration
working hours, daily work shifts and provision of
compensation for additional paid vacation
In order, in size and on terms
which are set by the sectoral
(cross-sectoral) agreement and
collective agreements
With the written consent of the employee,
executed by conclusion
a separate agreement to the labor
contract Remuneration for workers employed in work with harmful and (or) hazardous
working conditions, set at an increased rate
Minimum wage increase
labor to workers employed in jobs with
is 4 percent of the tariff rate
(salary) established for various types
work with normal working conditions
Specific amount of the payment increase
labor are established by the employer with
taking into account the views of the representative body
employees in the manner prescribed
article 372 of the Labor Code of the Russian Federation. to adopt local
normative acts or collective
contract, employment contract Types of compensation
on working conditions
Classes of working conditions
Harmful conditions
3.1
Abbreviated
duration
working time
Additional
vacation
Increased pay
3.2
3.3
Dangerous
conditions
3.4
4
No more than 36 hours a week
At least 7 calendar days
Not less than 4% of the tariff rate (salary)
installed for various types of work with
normal working conditions. In accordance with Art. 15 of the federal law of 28.12.2013 No. 421-FZ
the results of certification of workplaces for working conditions carried out in
in accordance with the Procedure for attestation of workplaces under the conditions
labor approved by the order of the Ministry of Health and Social Development of Russia dated April 26
2011 N 342n, remain valid until the end of their validity period, but no more than
until December 31, 2018 inclusive Article 219. The right of an employee to work under conditions
meeting the requirements of labor protection
<…>
Dimensions, procedure and conditions for the provision of guarantees and
compensation to workers employed in jobs with
harmful and (or) dangerous working conditions,
installed in the manner prescribed
Articles 92, 117 and 147 of the Labor Code.
Increased or additional guarantees and compensations
for work at work with harmful and (or) dangerous
working conditions can be established by collective
agreement, local regulatory act, taking into account
the financial and economic situation of the employer.
In case of ensuring safe working conditions at workplaces,
confirmed by the results of a special assessment of working conditions
or the conclusion of the state examination of working conditions,
no guarantees and compensation for employees are established.
<…>Order of the Ministry of Health and Social Development of February 16, 2009 No. 45n
"On the approval of the rules and conditions of free
issuance to workers employed in jobs with
harmful working conditions, milk or other
equivalent food products, Order
compensation payment in
an amount equivalent to the cost of milk or
other equivalent food products, and
List of harmful production factors,
under the influence of which in preventive
the use of milk is recommended or
other equivalent food products ”.
Order of the Ministry of Health and Social Development of February 16, 2009 No. 46n "On
approval of the list of industries, professions and
positions, work in which gives the right to
free receipt of preventive nutrition in connection with special
harmful working conditions, dietary preventive nutrition, norms of free
for the issuance of vitamin preparations and the Rules for free
distribution of therapeutic and prophylactic nutrition "
23Section 282. General Provisions about work on
part-time
<…>
Work on
combination of persons under the age of
eighteen years at work with harmful
and (or) hazardous working conditions, if
the main work is related to the same
conditions, as well as in other cases,
provided for by this Code and
other federal laws.
<…>The procedure for conducting preliminary
and periodic medical
examinations (examinations)
25Workers engaged in work with harmful and (or) dangerous
working conditions (including underground work), as well as
at work related to traffic, undergo
mandatory preliminary (when applying for a job)
and periodic (for persons under the age of 21 - annual)
medical examinations (examinations) to determine
the suitability of these workers to perform the assigned
work and prevention of occupational diseases.
Harmful and (or) hazardous industrial
factors and work in the performance of which
mandatory preliminary and
periodic medical examinations
(surveys), and the procedure for their conduct
are determined by regulatory legal acts,
approved in the manner prescribed
By the Government of the Russian Federation.
26Responsibilities for organizing preliminary
and periodic inspections of employees are assigned to
employer (Article 212 of the Labor Code of the Russian Federation)
The list of harmful and (or) hazardous production factors, with
the presence of which are mandatory preliminary and periodic
medical examinations (examinations); list of works, when performing
which are mandatory preliminary and periodic
medical examinations (examinations) of employees; Order of conduct
mandatory preliminary (upon admission to work) and periodic
medical examinations (examinations) of workers engaged in heavy work
and at work with harmful and (or) dangerous working conditions approved
By order of the Ministry of Health and Social Development of Russia dated 12.04.2011 No. 302n
To conduct a preliminary or periodic examination of a medical
the organization forms a permanent medical commission.
The medical commission includes an occupational pathologist, as well as medical specialists who have undergone an increase in the prescribed manner
qualifications in the specialty "occupational pathology" or having
a valid certificate in the specialty "occupational pathology".
The head of the medical commission is an occupational pathologist.
27Preliminary examinations are carried out upon admission to work at
on the basis of a referral for a medical examination (hereinafter referred to as referral),
issued to a person applying for work by an employer
The direction is filled in on the basis of the approved
the employer of the list of contingents and it indicates in that
including:
- the name of the position (profession) or type of work;
- harmful and (or) dangerous production factors
- type of work in accordance with the approved employer
contingent of workers subject to preliminary
(periodic) inspections
At the end of the preliminary examination
a medical organization draws up a conclusion on
the results of the preliminary (periodic)
medical examination.
The conclusion is drawn up in duplicate, one of
which is issued to a person applying for work in his hands, and
the second is added to the outpatient medical record
sick
28Referral for a preliminary (periodic) medical examination (examination)
Sent to _________________________________________________________
(name of the medical organization, registration address, OGRN code)
1. Full name ______________________________________________________________
2. Date of birth _______________________________________________________
(day month Year)
3. Applying / employed (underline as appropriate)
4. Shop, site ________________________________________________________
5. The type of work in which the employee is examined ___________________
6. Work experience in the type of work in which the employee is examined
7. Previous professions (work), position and work experience in them ____
_____________________
8. Harmful and (or) hazardous substances and production factors:
8.1. Chemical factors ________________________________________________
8.2. Physical factors ________________________________________________
(line number, item or items of the List *, list)
8.3. Biological factors _____________________________________________
(number of item or items of the List *, list)
8.4. Labor severity (physical overload) _____________________________
(number of item or items of the List *, list)
9. Profession (work) __________________________________________________
(number of item or items of the List *, list)
(position of authorized
representative)
(signature of the authorized
representative)
(FULL NAME.)
29The frequency of periodic inspections is determined
types of harmful and (or) hazardous production
factors affecting the employee, or types
work performed.
Periodic inspections are carried out at least as often as possible.
specified in the List of factors and the List of works
(Appendices 1 and 2 to the Order of the Ministry of Health and Social Development No. 302n).
Employees under the age of 21 undergo periodic
inspections annually.
Extraordinary medical examinations (examinations)
carried out on the basis of medical recommendations,
specified in the final act.
30Periodic inspections are carried out on the basis of
lists developed on the basis of contingents of workers,
subject to periodic and (or) preliminary examinations with
indicating harmful (hazardous) production factors, as well as
type of work in accordance with the List of factors and the List of works
In the list of the contingent of workers to be passed
preliminary and periodic medical examination, it is indicated:
- the name of the profession (position) of the employee according to the staff
schedule;
- the name of the harmful production factor according to the List
factors
- harmful production factors established as a result
certification of workplaces for working conditions, as a result of laboratory
studies and tests obtained in the framework of the control and supervision
activities, production laboratory control, as well as in
compliance with operational, technological and other documentation
on machines, mechanisms, equipment, raw materials and materials used
employer in the implementation of production activities
31The list of works in the performance of which are mandatory
Preliminary and periodic medical examinations (examinations)
workers
Name of work and
professions
Periodic
ness
inspections
1. Work at height, and once a year
also
work
on
maintenance
lifting structures,
including:
Participation of medical specialists
Neurologist
Ophthalmologist
Surgeon
Otorhinolaryngologist
(only
for
climbing work)
Laboratory and
functional
research
Visual acuity
Fields of view
Audiometry
Study
vestibular
analyzer
Additional medical contraindications
1) Hernias that interfere with work and have
infringement tendency
2) Chronic diseases of the peripheral nervous
systems with exacerbations 3 or more times per
calendar year
3) Chronic cerebral ischemia (discirculatory
encephalopathy)
4) Diseases of any etiology causing
violation
functions
vestibular
apparatus,
dizziness syndromes, nystagmus (Meniere's disease,
labyrinthitis, vestibular crises of any etiology
and etc.)
5) Dysfunction of the vestibular analyzer
any etiology
6) Persistent hearing loss (3 or more months) any
etiology unilateral and bilateral (hearing acuity:
whisper speech at least 3 m)
7) Diseases of the organs of vision:
a) visual acuity without correction is less than 0.5 per one
the eye and below 0.2 - on the other;
b) limiting the field of view to more than 20 °;
c) refractory dacryocystitis and
incurable lacrimation;
d) high myopia
8) Recurrent thrombophlebitis of hemorrhoids
veins and veins of the lower extremities
9) Pregnancy and lactation
32The list of harmful and (or) hazardous production factors, with
the presence of which are mandatory preliminary and
periodic medical examinations (examinations)
N p / p
Name
Periodic
harmful and (or)
spine
dangerous
inspections
production
factors
Participation of medical specialists
Laboratory and
functional
research
Additional
medical
contraindications
1. Chemical factors
1.1 Chemical substances with pronounced features of action on the body
1.1.1. Allergens, "A"
Once a year
Otorhinolaryngologist
Dermatovenereologist
*Ophthalmologist
*Allergist
* Specific
Allergic
allergy diagnostics
diseases
various
Spirometry
from organs and systems.
bronchodilatory
breakdown*
33Conclusion of the preliminary (periodic)
medical examination (examination) *
1. Full name
2. Place of work:
2.1. Organization (enterprise)
2.2. Workshop, site
3.Profession (position) (currently) _____________________________
Harmful production factor or type of work ** _______________________
4.According to the results of the preliminary medical examination
(examinations): does not / has medical contraindications for working with harmful and / or
hazardous substances and production factors, no conclusion is given ** (required
emphasize)
Chairman of the Medical Commission ____________________________
(__________)
(signature)
(FULL NAME.)
M.P. "___" ________________ 20__
_______________________(__________) "__" _______________ 20__
G.
(employee signature
(FULL NAME.)
(inspected)
_____________________________
* Transferred to the employer and attached to the employee's personal file (being examined).
34The employer is obliged:
…
in cases stipulated by labor legislation and other regulatory
legal acts containing labor law, organize
carrying out, at their own expense, mandatory preliminary (if
admission to work) and periodic (during employment)
medical examinations, other compulsory medical examinations,
mandatory psychiatric examinations of employees, extraordinary
medical examinations, mandatory psychiatric examinations
workers at their request in accordance with medical recommendations with
preserving their place of work (position) and average earnings for a while
passing the specified medical examinations, compulsory psychiatric
surveys;
non-admission of employees to the performance of their labor duties without
undergoing compulsory medical examinations, compulsory
psychiatric examinations, as well as in the case of medical
contraindications;
…
3536Government regulations
labor protection.
Local regulations on labor protection
37Resolution of the Government of the Russian Federation of December 27, 2010 No. 1160 "On
approval of the Regulations on the development, approval and amendment
regulatory legal acts containing state
regulatory requirements for labor protection ".
Classification of regulatory legal acts for labor protection:
labor safety standards
labor protection rules (POT R M, POT R O) and standard instructions for
labor protection (TI R M, TI R O)
state sanitary and epidemiological rules and
standards ( sanitary regulations and norms (SanPiN), sanitary norms
(SN), sanitary rules (SP), hygienic standards (GN),
establishing requirements for the factors of the working environment and labor
process)
38Resolution of the Ministry of Labor of Russia
dated December 17, 2002 N 80
"On the approval of methodological recommendations
on the development of state regulatory
labor protection requirements "
395.1. Labor protection instruction for the employee
developed based on his position,
profession or type of work performed.
5.2. Development of labor protection instructions for an employee
carried out taking into account Article 212 of the Labor Code of the Russian
Federation.
5.3. Labor protection instructions for an employee are developed on the basis of
intersectoral or sectoral standard instruction on labor protection (a
in its absence - cross-sectoral or sectoral rules for the protection
labor), safety requirements set out in the operational and
repair documentation of equipment manufacturers, and
also in the technological documentation of the organization, taking into account
specific production conditions. These requirements are outlined
in relation to the position, profession of the employee or type
work performed.
405.6. Review and revision of security instructions
labor for employees is organized by the employer.
The revision of the instructions should not be carried out.
less than once every 5 years.
5.7. Occupational health and safety instructions for workers may
early revision:
a) when revising cross-sectoral and sectoral rules and
standard instructions for labor protection;
b) changes in the working conditions of employees;
c) the introduction of new equipment and technology;
d) based on the results of the analysis of the accident investigation materials,
industrial accidents and occupational
diseases;
e) at the request of representatives of labor authorities
subjects of the Russian Federation or federal bodies
labor inspection.
5.8. If during the period of validity of the instruction on labor protection for
the worker's working conditions have not changed, then its action
extended for another term.
415.9. Instructions in force in the unit
labor protection for workers of structural
divisions of the organization, as well as a list
these instructions are kept by the supervisor of this
subdivisions.
5.10. Location of OSH instructions for
employees are recommended to be determined by the manager
structural unit of the organization, taking into account
ensuring the accessibility and convenience of familiarization with them.
Occupational safety instructions for workers may be
issued to them for study at the primary
briefing or posted in the workplace or
sites, or stored in another place accessible for
workers.
42____________________________________________________
(name of company)
AGREED
The name of the position of the head
trade union or other authorized
body workers
_________ __________________
Date of approval
APPROVED
Employer job title
___________ ________________
(signature) (initials, surname)
Date of approval
or
AGREED
Details of the document expressing the opinion
trade union or other authorized
body workers
INSTRUCTIONS on labor protection for
___________________________________________________
(name of position, profession or type of work)
___________________________________________________
(designation)
Note. On the reverse side of the instruction, visas are recommended: for the developer of the instruction,
the head (specialist) of the labor protection service, power engineer, technologist and other interested parties.
43N
p / p
date
1
2
Name
instruction
and
3
date
approval
Designations
e
(room)
Planned
term
checks
FULL NAME. and
position
employee,
produced
O
accounting
Signature
employee,
held
O
accounting
4
5
6
7
8
44N
p / p
1
date
Designation
(room)
instructions
Name
instructions
Quantity
issued
copies
FULL NAME. and
position
(profession)
recipient
instructions
2
3
4
5
6
Signature
recipient
instructions
7
45Training and knowledge testing
labor protection requirements
46Article 212 of the Labor Code of the Russian Federation: “The employer is obliged to ensure:
training in safe methods and techniques for performing work and providing
first aid to victims at work, briefing on
labor protection, internships at the workplace and verification of knowledge of requirements
labor protection;
non-admission to work of persons who have not passed in the prescribed manner
training and instruction in labor protection, internship and knowledge testing
labor protection requirements; "
Resolution of the Ministry of Labor of Russia No. 1 and
Ministry of Education of Russia No. 29 of 13.01.2003
"On the approval of the order of training in
labor protection and knowledge testing of requirements
labor protection of employees of organizations ".
GOST 12.0.004-90 Interstate
standard. System of standards
labor safety "Organization
occupational safety training. General
provisions "
47Heads and specialists of organizations undergo a special
occupational safety training in the scope of job duties
upon admission to work during the first month, then as necessary, but at least once every three years.
leaders
organizations
alternates
leaders
organizations
supervising
security issues
labor,
alternates
the main
engineers for
labor protection;
leaders,
specialists,
engineering
workers,
carrying out
organization,
leadership and
work on
workplaces and
production
divisions and
also control and
technical Supervision
for work;
security service specialists
labor, workers, on
which employer
assigned responsibilities
organizing work on
labor protection, members
committees (commissions) for
labor protection,
authorized
(trusted) persons for protection
labor professional
unions and other
authorized
workers
representative bodies
48Examination
knowledge
requirements
guard
labor
An employee who has successfully passed the test
knowledge of labor protection requirements, issued
certificate signed by the chairman
knowledge requirements commission
labor protection, certified by the seal
organization that conducted training on
labor protection and knowledge testing
labor protection. The certificate is issued
for a period of 3 years.
Failed employee
knowledge of labor protection requirements for
training, must then go through
re-examination of knowledge in time
later than one month.
49Introductory briefing on labor protection is carried out by specialists
labor protection services of the organization on the day of admission of the employee to
work
Occupational safety briefings in the workplace
Primary
instruction -
on the day when
employee
proceeds to
work
Repeated
instruction -
at least once
at 6 months
Target
briefing
Unscheduled
briefing
Internship
50Induction program and magazine
conducting an introductory briefing (OT service).
The program of initial and re-instruction at the workplace
place and log of briefings at the workplace
place (head of the structural unit).
List of professions and positions of employees,
exempted from primary instruction
at work.
Such workers include workers who are not associated with:
operation, maintenance, testing, adjustment and
repair of equipment,
using electrified or otherwise
tool,
storage and use of raw materials and materials.
51Individual means
protection
52
52PPE means personal equipment,
used to prevent or reduce exposure to
workers of harmful and (or) hazardous production factors, and
also to protect against contamination.
In accordance with Art. 221 of the Labor Code of the Russian Federation at work with harmful and (or)
hazardous working conditions, as well as at work performed
in special temperature conditions or related
pollution, workers are issued free of charge
certified special clothing, special footwear
and other personal protective equipment, as well
washing and (or) neutralizing agents in
in accordance with the model norms, which
established in the manner determined by the Government
Russian Federation.
Cross-sectoral rules for providing employees with special
clothing, special shoes and other means
personal protection are regulated by order
Ministry of Health and Social Development of Russia dated June 1, 2009 No. 290n.
53
53Investigation of the unfortunate
cases in production
54The procedure for investigating accidents at work is established in
Art. 229-231 of the Labor Code of the Russian Federation and in the Regulations on the features of the investigation of accidents
incidents in production in certain industries and organizations approved by
Resolution of the Ministry of Labor of Russia dated October 24, 2002 No. 73.
Determination of the severity of health damage in accidents
in production is carried out in accordance with the Scheme of determination
the severity of damage to health in case of accidents at work,
approved by the order of the Ministry of Health and Social Development of Russia dated February 24, 2005, No. 160.
The forms of documents required for the investigation and accounting of the National Assembly are given in
Appendix No. 1 to the Decree of the Ministry of Labor of Russia dated October 24, 2002 No. 73.
Order of the Ministry of Health and Social Development of the Russian Federation of April 15, 2005 No. 275 on the approval of accounting
shape Medical report about the nature of the damage to health received in
as a result of an accident at work and the degree of their severity, Certificate of
55
the final diagnosis of the victim of an industrial accident and
recommendations for filling out these forms. Procedure for Investigation and Recording of Accidents
Obligations of the employer in the investigation of accidents
Notification of the labor inspectorate, prosecutor's office, FSS, and other bodies
(if applicable)
Formation of the commission by the employer
to investigate
Investigation of the accident
Preparation of the necessary documents based on the results of the investigation
Forwarding investigation materials to the appropriate authorities
56If a minor accident turns into a serious accident over time
or fatal, the employer notifies within three days
about this, the relevant authorities and re-
investigation in the prescribed manner.
Accident that was not reported to the employer
timely or if the incapacity for work did not occur immediately,
the investigation is carried out in accordance with the established procedure
statement of the victim within a month from the date of receipt
statements.
57Form 4
Group Accident Investigation Act (serious
accident, accident with fatal)
1. Information about the victim (s):
2. Information on conducting briefings and training on labor protection
3. a brief description of place (object) where the accident occurred
4. Circumstances of the accident
5. Reasons that caused the accident
6. Conclusion on the persons responsible for the violations of legislative
and other normative legal and local normative acts that were
causes of the accident:
7. Qualification and accounting of the accident
8. Measures to eliminate the causes of the accident, terms
9. Attached documents and materials of the investigation:
Signatures of persons who investigated the accident
58Protocol of interviewing the victim in the event of an accident (eyewitness of the accident
case, official)
formed by order from "__" ___ 200_ N __, in the room _____ a survey was made
the victim (eyewitness of an industrial accident
Other persons who participated in the survey
__________________________________________________________________
Persons participating in the survey have been notified of the use of technical means(which ones,
who exactly)
On the merits of the accident that occurred "__" _____ 200_ from (surname, initials,
profession, position of the victim) I can show the following:
_______________________________________
(signature, surname, initials of the respondent,
date)
Before the start, during or after the end of the survey, statements from the persons participating in the survey
(entered, did not enter)
Content of applications: _______
Signature, surname, initials of the interviewer, date
Signatures, surnames, initials of other persons who participated in the survey, date)
I have read this protocol (signature, surname, initials of the respondent, date)
The minutes were read aloud (signature, surname, initials of the interviewer, date)
59
Notes to the protocol (content of comments or indication of their absence)
The protocol has been drawn up (position, surname, initials of the chairman of the commission or another person,
interviewer, signature, date) Accident Site Inspection Protocol
The survey started at __ hour. __ minutes
The poll is over at __ o'clock. __ minutes
By me, the chairman (member) of the accident investigation commission,
formed by order from "__" ___ 200_ N __, the accident site was inspected,
what happened in (name of the organization and its structural unit or surname
and the initials of the individual employer; date of accident) from (profession
(position), surname, initials of the victim)
The inspection was carried out in the presence of
During the inspection, it was established:
1) the situation and condition of the scene of the accident at the time of inspection
2) description of the workplace
3) a description of a piece of equipment (building, structure), material, tool,
devices and other items that caused the injury (specify them specifically
availability and condition)
4) the presence and condition of protective fences and other safety equipment
5) the presence and condition of personal protective equipment used by the victim
6) the presence of general and local ventilation and its condition
7) state of illumination and temperature
During the inspection, (photography, video recording, etc.)
Seized from the scene (list and individual characteristics of the seized items)
Attached to the inspection protocol (diagram of the scene of the incident, photographs, etc.)
604. Persons who investigated the accident
5. Information about the victim:
professional status, profession (position),
work experience, during which an accident occurred (number
full years and months), including in this organization (the number of full years and
months)
6. Information on conducting briefings and training on labor protection
Introductory briefing (day, month, year)
On-the-job briefing / primary, repeated, unscheduled, targeted /
(underline as appropriate) by profession or type of work, when performing
which the accident occurred (day, month, year)
Internship: from "__" ___ 200_ to "__" _____ 200_ (if not, please specify)
Occupational safety training by profession or type of work, when performing
which the accident occurred: from "__" 200_ to "_" 200_ (if not
was carried out - specify)
Testing knowledge of labor protection by profession or type of work, when
the execution of which the accident occurred (day, month, year, N
protocol)
7. Brief description of the place (object) where the unfortunate happened
case ( short description the place of the accident with an indication of the dangerous and (or)
harmful production factors with reference to information,
contained in the protocol of inspection of the accident site)
Equipment that caused the accident
(name, type, brand, year of manufacture, manufacturer)
8. Circumstances of the accident (a summary of the circumstances,
preceding the accident, description of events and actions
the victim and other persons associated with the accident, and others
information established during the investigation)
8.1. Type of incident
8.2. The nature of the injuries received and the organ affected
medical report on the severity of the damage to health
8.3. Finding the victim in a state of alcoholic or
drug intoxication (no, yes - indicate the state and degree
intoxication according to the conclusion of the results
survey carried out in accordance with the established procedure)
8.4. Accident eyewitnesses (surname, initials, permanent place
residence, home phone)
9. Causes of the accident (indicate the main and accompanying causes
accident with links to violated requirements
legislative and other regulatory legal acts, local
61
regulations) Form 8
Reporting the consequences of an industrial accident and the measures taken
Consequences of an industrial accident:
1) the victim has recovered; transferred to another job; disability established;
died (underline the necessary);
2) the final diagnosis based on the conclusion (certificate) of the medical institution
3) the duration of the victim's temporary incapacity for work _____ days.
4) the cost of damaged equipment and tools as a result of an accident on
production
5) the cost of destroyed buildings and structures as a result of an accident on
production
6) the amount of other expenses (for carrying out examinations, research, registration of materials and
etc.)
7) total material damage from the consequences of an industrial accident
_________ rub.;
8) information on the appointment of the amounts of monthly payments to the victim in compensation for harm;
10) information about the decision of the prosecutor's office to initiate (refuse to initiate) a criminal
cases on the fact of an industrial accident (date, number and summary
decisions of the prosecutor's office on the fact of this accident)
Measures taken to eliminate the causes of industrial accidents:
information on the implementation of measures to eliminate the causes of the accident,
provided for in the act of the accident, the order of the state inspector
labor and other documents adopted as a result of the investigation)
62
Employer (his representative)
Chief Accountant Occupational Accident Register
N
NS/
NS
Date and
time
unfortunate
case
FULL NAME.
having suffered
-shi, year
birth,
general
experience
work
Profession
(official
b)
the victim
A place,
where
happened
unhappy
happening
(structures
-th
subdivision)
View
happened
events,
leading to
unfortunate
occasion
Description
circumstances,
at
which
happened
unhappy
happening
Act N
shape
N-1
(N-1PS)
about the unfortunate
case
on
production
t-ve and
date it
approval
The last
viya
unhappy
Wow
case
(number
days
incapacity for work,
disabled,
death
-th
Exodus)
Accepted
e
measures for
eliminating
reasons
unfortunate
case
63Compulsory social
accident insurance
cases at work and
professional
diseases
64
64Compulsory social insurance of employees
from industrial accidents and
occupational diseases is a duty
employer (Article 212 of the Labor Code of the Russian Federation)
65Federal Law of July 24, 1998 N 125FZ "On compulsory social
accident insurance for
production and professional
diseases "
Article 9. Amount of allowance for temporary
incapacity for work due to an accident on
production or occupational disease
Temporary disability allowance due to an accident at work or
occupational disease is paid for the entire period of temporary
incapacity for work of the insured until his recovery or the establishment of permanent loss
professional ability to work in the amount of 100 percent of his average earnings,
calculated in accordance with the legislation of the Russian Federation on benefits for
temporary incapacity for work (namely Article 12. The amount of the monthly insurance
payments.)
66Formation of an insurance rate
125-FZ. Article 3. Terms and definitions
occupational risk - the likelihood of damage (loss) of health or
death of the insured, related to the performance of his obligations for
labor contract and in other established by this Federal Law
cases
occupational risk class - the level of production
injury, occupational morbidity and costs of
insurance coverage by type
economic activity of policyholders
67Resolution of the Government of the Russian Federation
dated December 1, 2005 N 713
"On approval of the Rules for the assignment of species
economic activity to class
professional risk "
4. The class of professional risk is determined based on the value of the integral
indicator of professional risk, taking into account the level of production
injuries, occupational morbidity and the cost of providing
insurance, formed by the types of economic activities of policyholders.
5. Integral indicator of professional risk by type of economic
activity is determined by the formula:
Evv
Ip = ------ x 100%,
Efot
where:
Ip is an integral indicator of professional risk by this kind
economic activity, expressed as a percentage;
Evv - the total cost of insurance coverage for this type
economic activity in the past calendar year;
Efot - the size of the wage fund for this type of economic activity, by
which accrued insurance contributions for compulsory social insurance from
accidents at work and occupational diseases in the past
calendar year.
68125-FZ. Article 22. Insurance premiums
Insurance premiums are paid by the policyholder based on the insurance rate with
taking into account the discount or premium set by the insurer.
The amount of the specified discount or allowance is calculated based on the results of work
the policyholder for three years and is established by the policyholder, taking into account the state
labor protection (including the results of certification of workplaces under the conditions
labor, carried out mandatory preliminary and periodic
medical examinations) and insurance coverage costs.
The amount of the established discount or premium cannot exceed 40 percent
the insurance rate set for the policyholder. Upon the occurrence of the insurance
In case of fatal accidents, the discount is not applicable.
Resolution of the Social Insurance Fund of the Russian
Federation of February 5, 2002 N 11
"On approval of the methodology for calculating discounts and surcharges to
insurance rates for compulsory social
industrial accident insurance and
occupational diseases "
69Funding preventive reductions
industrial injuries and occupational
diseases
Order of the Ministry of Health and Social Development of Russia of December 10, 2012 N 580n
"On approval of the Rules for financial security
preventive measures to reduce production
injuries and occupational diseases of workers and
spa treatment for workers employed in work with
harmful and (or) hazardous production factors "
7071Preparation for SOUT
Identification of potentially harmful and / or dangerous
production factors
Declaration of conformity of working conditions
government regulations
Research and measurement of harmful and (or) hazardous
production factors, their assessment, assignment to classes
Formation of SOUT results
Informing and transferring data of SOUT 73Section 209.
Terms and Definitions
Occupational safety management system is a complex of interconnected
and interacting elements that establish
health and safety policy and objectives for a particular
employer and procedures to achieve these goals.
Section 212.
Obligations of the employer
<…>
- creation and
functioning
control systems
labor protection
<…>
Typical system statement
health and safety management
approved by federal
executive authority
<…>
Management of professional
risks - a set of interrelated
activities that are elements
health and safety management systems and
including measures to identify
assessing and reducing levels
professional lawsuits. Persons guilty of violating labor laws and
other acts containing labor law norms,
are involved in disciplinary and material
responsibility in the manner prescribed by this
The Code and other federal laws, as well as
are attracted
To
civil law,
administrative and criminal liability in
the order established by federal laws.
(Article 419 of the Labor Code of the Russian Federation)
75Violation of legislation on
labor and labor protection
Involves overlapping
administrative fine for: DL
(Individual entrepreneur) - 1-5 thousand rubles. , LE - 30-50 thousand
rub. or ADF - up to 90 days
Part 1 of Art. 5.27
Administrative Code of the Russian Federation
Contains disqualification for a period
from 1 to 3 years
Part 2 of Art. 5.27
Administrative Code of the Russian Federation
Violation of safety regulations
or other labor protection rules,
committed by the person on which they lay
obligations to comply with these rules,
if it entailed by negligence
infliction grievous harm health
human
A fine of up to 200 thousand
rubles or in the amount of wages
wages or other income of the convict
for a period up to 18 months, or
correctional labor for a period
up to 2 years, or imprisonment for
term up to 1 year
Part 1 of Art. 143
RF Criminal Code
The same act, which resulted in
negligence human death
Imprisonment for up to 3 years with
disqualification to borrow
certain positions or
engage in a certain
activities for up to 3 years or
without one
Part 2 of Art. 143
RF Criminal Code
Violation of labor legislation
and on labor protection by a person previously
subjected to administrative
punishment for similar
administrative offense
76
.Article 143 of the Criminal Code of the Russian Federation. Violation of labor protection requirements (edition,
valid from 01.01.2014)
1. Violation of labor protection requirements committed by a person for whom
duties are assigned to comply with them, if this entailed
negligence causing grievous harm to human health, is punishable by a fine of up to four hundred thousand rubles or
the amount of wages or other income of the convicted person for the period up to
eighteen months, or compulsory work for a period of one hundred
eighty to two hundred and forty hours, or correctional
work for up to two years, or forced labor for a period
up to one year, or imprisonment for the same period with imprisonment
the right to hold certain positions or engage in
certain activities for up to one year or without. Article 143. Violation of labor protection requirements (version in force from
01.01.2014)
2. The act provided for in part one of this article, which entailed
negligence the death of a person, punishable by forced labor for up to four years, or
imprisonment for the same period with the deprivation of the right to occupy certain
positions or engage in certain activities for up to three years
or without it.
3. The act provided for in part one of this article, entailing
negligence death of two or more persons, punishable by forced labor for up to five years or deprivation
freedom for the same period with the deprivation of the right to hold certain positions
or engage in a specific activity for up to three years or without
such. Article 5.27 of the Administrative Code of the Russian Federation. Violation of labor laws and other regulations
legal acts containing labor law norms
1. Violation of labor legislation and other regulatory legal acts,
containing labor law norms, unless otherwise provided by parts 2 and 3 of this
article and article 5.27.1 of this Code, entails a warning or imposition
administrative fine
- for officials in the amount of one thousand to five thousand rubles;
- on persons carrying out entrepreneurial activity without education
a legal entity - from one thousand to five thousand rubles;
- for legal entities -
-from thirty thousand to fifty thousand rubles.
2. Actual admission to work by a person not authorized by the employer, in
if the employer or his authorized representative refuses to
recognize the relationship that has arisen between the person actually admitted to work and the given
employer, labor relations (does not conclude with a person actually admitted
to work, labor contract), entails the imposition of an administrative fine on citizens in the amount of from three thousand to
five thousand rubles; for officials - from ten thousand to twenty thousand rubles. Article 5.27. Violation of labor legislation and other regulatory legal acts,
containing labor law
(version effective from 01.01.2015)
3. Evasion of execution or improper execution of an employment contract or conclusion
a civil contract that actually regulates labor Relations between the employee and
employer, shall entail the imposition of an administrative fine on officials in the amount of ten thousand to
twenty thousand rubles; for persons engaged in entrepreneurial activity without education
a legal entity - from five thousand to ten thousand rubles; for legal entities - from fifty
thousand to one hundred thousand rubles.
4. Committing administrative offense, foreseen in part 1 of this
for officials in the amount of ten thousand
up to twenty thousand rubles or disqualification for a period of one to three years; on persons
ten thousand to twenty thousand rubles; for legal entities - from fifty thousand to
seventy thousand rubles.
5. Committing administrative offenses provided for by part 2 or 3 of this
article by a person previously subjected to administrative punishment for a similar
an administrative offense, entails the imposition of an administrative fine on citizens in the amount of five thousand rubles; on
officials - disqualification for a period of one to three years; on persons
carrying out entrepreneurial activities without forming a legal entity, - from
thirty thousand to forty thousand rubles; for legal entities - from one hundred thousand to two hundred thousand
rubles.
1. Violation of state regulatory requirements for labor protection contained in
federal laws and other regulatory legal acts of the Russian Federation, with the exception of
cases provided for in parts 2 - 4 of this article shall entail a warning or imposition
administrative fine
on officials
from 2000 to 5000
rubles
on persons carrying out
2000 to 5000 rubles
for legal entities from
50,000 to 80,000 thousand
rubles.
2. Violation by the employer of the established procedure for conducting a special assessment
working conditions at workplaces or its failure to carry out shall entail a warning or imposition
administrative fine
on officials
from
5000 to 10,000
rubles
on
persons
carrying out
formation of a legal entity, from 5000
up to 10,000 rubles;
for legal entities
from 60,000 to 80,000
rubles.
3. The admission of an employee to the performance of his labor duties without going through
the established procedure for training and testing knowledge of labor protection requirements, as well as
mandatory preliminary (upon admission to work) and periodic (during labor
activities) medical examinations, compulsory medical examinations at the beginning of the work
day (shift), mandatory psychiatric examinations or in the presence of medical
contraindications entails the imposition of an administrative fine
on officials
from 15,000 to 25,000 thousand
rubles
on persons carrying out
entrepreneurial activity
without forming a legal entity, from
15,000 to 25,000 rubles
for legal entities from
110,000 to 130,000
rubles. Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation Violation of state regulatory requirements for labor protection,
contained in federal laws and other regulatory legal acts of the Russian Federation
(in force from 01.01.2015)
4. Failure to provide employees with personal protective equipment shall entail the imposition of
administrative fine
on official
persons in the amount of 20
000 to 30,000
rubles
on persons carrying out
entrepreneurial activity without
formation of a legal entity, from 20,000
up to 30,000 rubles
for legal entities from 130,000 to 150,000
rubles.
5. Committing administrative offenses provided for in parts 1 - 4 of this
article by a person previously subjected to administrative punishment for a similar
an administrative offense, entails the imposition of an administrative fine
for officials from 30
000 to 40 000 rubles or
disqualification for a period
from one to three years
on
persons
carrying out
entrepreneurial
activities without education
legal entity, from 30,000 to 40
000 rubles or administrative
suspension of activities for
up to ninety days
for legal entities from 100
000 to 200,000 rubles or
administrative
suspension
activities for up to
ninety days. Article 14.54 of the Administrative Code of the Russian Federation. Violation of the established procedure for conducting a special assessment
working conditions (effective from 01.01.2015)
1. Violation by the organization that carried out a special assessment of working conditions,
the established procedure for conducting a special assessment of working conditions entails the imposition
administrative fine
for officials in the amount of 20
000 to 30 000 rubles
for legal entities from 70,000 to 100
000 rubles.
2. Committing an administrative offense provided for in part 1 of this
article by a person previously subjected to administrative punishment for a similar
an administrative offense, entails the imposition of an administrative fine
for officials in the amount of 40,000 to
RUB 50,000 or disqualification for a period from
one to three years
for legal entities - in the amount of one hundred thousand
up to two hundred thousand rubles or
administrative suspension
activities for up to ninety days
Note. Expert of the organization that carried out a special assessment of working conditions,
committed, during a special assessment of working conditions, an administrative
the offense provided for in this article is administratively
responsibility as an official. Article 19.5 of the Administrative Code of the Russian Federation. Failure to comply with the legal deadline
prescriptions (decisions, representations,
decisions) of the body (official),
exercising state supervision
(control)
(the edition comes into force on 01.01.2015)
23.
Failure
v
established
term
or
improper fulfillment of a legal order
official
faces
federal
organ
executive
authorities,
carrying out
federal
state
supervision
per
compliance with labor laws and other
normative legal acts containing norms
labor
rights,
entails
superimposition
administrative fine
on official
persons from 30,000 to 50
000 rubles or
disqualification
ju for a period from
one year before
three years
on persons
carrying out
entrepreneur
skuyu
activities without
education
legal
persons, from 30,000 to 50,000
rubles
on
legal
persons - from 100,000
before
200
000
rubles.