The state supervisory body for labor protection is. State supervision and control over labor protection at enterprises. The concept of control in the field of labor protection

MINISTRY OF EDUCATION AND SCIENCE OF THE RUSSIAN FEDERATION

ORLOV STATE TECHNICAL UNIVERSITY

INSTITUTE OF ADDITIONAL PROFESSIONAL EDUCATION

ESSAY

in the discipline "Life Safety"

The work was performed by student Fedorushchenko I.V.

Code 11-АУ

Specialty Crisis Management

Head Harlamov G.A.

Introduction

In accordance with Article 37 of the Constitution of the Russian Federation, every citizen has the right to work in conditions that meet the requirements of safety and hygiene. This principle presupposes the existence and functioning of a coherent state system of labor protection management. In recent years, there has been an active formation and strengthening of public policy in this area.

On August 6, 1993, a very important document was adopted in the issue of legal regulation of labor protection - Fundamentals of Legislation Russian Federation on labor protection (with subsequent amendments and additions). A new stage in the development of this institution labor legislation was the adoption of the Federal Law of the Russian Federation No. 181 dated July 17, 1999 "On the basics of labor protection in the Russian Federation", in 1998 the Federal Law "On compulsory social insurance against accidents at work and occupational diseases" And finally the adoption on December 30, 2001 of the most important of the legislative act in the field of regulation of labor relations - the "Labor Code of the Russian Federation", which came into force on February 1, 2002.

This paper is supposed to consider the main elements of state legal regulation of labor protection issues.

Occupational safety is understood as a system of preserving the life and health of workers in the process labor activity, including legal, socio-economic, organizational and technical, sanitary and hygienic, treatment and prophylactic, rehabilitation and other measures (Article 1 of the Federal Law "On the basics of labor protection in the Russian Federation"). These measures are aimed at creating working conditions that meet the requirements of preserving the life and health of workers in the process of work by various means. Depending on the latter, labor protection is distinguished in the broad and narrow sense of the word. In a broad concept, labor protection is a system for preserving the life and health of workers in the process of working, including legal, socio-economic, organizational and technical, sanitary and hygienic, treatment and prophylactic, rehabilitation and other measures. In the narrow sense, labor protection is a set of measures in the areas: legal, economic, organizational and technical, treatment and prophylactic, etc. But only labor protection in its broad concept is capable of providing healthy and safe working conditions. If at least some of its components (that is, labor protection in a narrow concept) is not provided properly, then all labor protection is poorly provided. So, if machines, equipment, tools, machines (technical component) do not meet safety requirements, are made unsafe for the life and health of those working for them, then accidents, industrial injuries are inevitable, which, by the way, has grown significantly in recent years and in many respects - for the organizational and technical component of labor protection.

In the pre-reform period, starting in 1933, labor unions administered labor protection on behalf of the state. They were granted broad rights in the field of management, supervision and control over labor protection, they had the right to initiate legislation, organized the development and approved regulatory legal acts on labor protection, were engaged in training, propaganda, they were given the right to suspend the work of production sites, machinery and equipment , and with an obvious threat to the life and health of workers and prohibit the activities of enterprises, they could remove from office the head of any rank.

With the adoption in August 1993 by the Supreme Soviet of the Russian Federation of the Fundamentals of Legislation of the Russian Federation on Labor Protection, the functions of labor protection management were transferred to a state body, the powers of which were to be determined by the President of the Russian Federation or, on his behalf, by the Government of the Russian Federation.

After the entry into force of the law of 17.07.99 No. 181-FZ "On the fundamentals of labor protection in the Russian Federation", the Ministry of Labor of Russia prepared, taking into account the results of practice and submitted to the Government of the Russian Federation, a general concept of the system of state management of labor protection. It concretized the provisions of the Federal Law regarding the implementation of labor protection management, determined the main tasks and principles of the system's functioning, as well as the tasks and functions of specific government bodies, i.e., subjects of the labor protection management system. The schematic diagram of this system is shown in Fig. 1.

The main directions of the state policy in the field of labor protection in accordance with the new Labor Code are:

• ensuring the priority of preserving the life and health of employees;
• 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 management of labor protection;
• state supervision and control over compliance with labor protection requirements;
• assistance to public control over the observance of the rights and legitimate interests of employees in the field of labor protection;
• investigation and registration 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 compulsory social insurance of employees against 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 labor organization;
• coordination of activities in the field of labor protection, environmental protection and other types of economic and social activities;
• dissemination of advanced domestic and foreign experience work to improve labor conditions and safety;
• participation of the state in financing labor protection measures;
• training and professional development of labor protection specialists;
• organization of state statistical reporting on working conditions, as well as on industrial injuries,
• occupational morbidity and their material consequences;
• ensuring the functioning of a single information system labor protection;
• the international cooperation in the field of labor protection;
• pursuing an effective tax policy that stimulates the creation of safe working conditions, the development and implementation of safe equipment and technologies, the production of personal and collective protection workers;
• the establishment of the procedure for providing employees with personal and collective protective equipment, as well as sanitary and household premises and devices, therapeutic and prophylactic means at the expense of employers.

The implementation of the main directions of the state policy in the field of labor protection is ensured by coordinated actions of the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation 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.

In accordance with the Law on the Fundamentals of Labor Protection and in order to introduce unified state regulatory requirements in the field of labor protection, the Government of the Russian Federation adopted a resolution dated May 23, 2000 “On regulatory legal acts containing state regulatory requirements for labor protection”. V this document states that in Russia there has been a system of normative legal acts containing state normative labor protection requirements. V the specified system includes: cross-sectoral and sectoral rules and standard instructions on labor protection; building and sanitary norms and rules; instructions and safety rules; regulations safe operation; codes of practice for design and construction; hygiene standards and state standards labor safety.

The decree defines the procedure for the development and approval by federal authorities executive power specified state regulatory requirements.

Regulatory legal acts containing state regulatory requirements for labor protection, prior to approval, are subject to sending to the relevant trade union bodies for consideration and approval.

State regulatory requirements for labor protection are approved for 5 years and can be extended for no more than two specified periods.

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 analysis of facts industrial injuries, occupational diseases, accidents and disasters in the Russian Federation - in all these cases, state regulatory requirements for labor protection are subject to revision, regardless of the established period of their validity.

On the basis of state regulatory requirements for labor protection and the relevant regulatory legal acts of the constituent entities of the Federation, organizations develop and approve at the level of local regulatory acts all the necessary provisions in the field of labor protection: safety standards, instructions on labor protection for certain types works, job descriptions, provisions of collective agreements and labor contracts.

The Ministry of Labor of the Russian Federation is obliged to ensure the formation of a databank of approved state regulatory legal acts containing labor protection requirements, as well as the functioning of a unified information system that would be available to federal executive authorities, executive authorities of the subjects of the Federation, local governments, organizations and individuals

Based on the essence of the main principles of state policy in the field of labor protection and the directions of activity of the relevant federal executive bodies for the implementation of this policy, the system of state management of labor protection forms three subsystems of management: state intersectoral, functional and sectoral

This subsystem is represented by the Ministry of Labor and social development RF as a body in charge of labor protection, and the Interdepartmental Commission on Labor Protection, approved by the Government of the Russian Federation. The tasks and functions of the Ministry of Labor of Russia and the Interdepartmental Commission in the field of state management of labor protection are provided for in the Regulations on these bodies, which are also approved by the Government of the Russian Federation.

The main functions of the Ministry of Labor of the Russian Federation are set out in the Regulation on the Ministry, they practically correspond to the requirements set forth in Art. 210 Labor Code:

• On federal level in the field of labor conditions and labor protection, the Ministry of Labor carries out state management of labor protection, coordinates the work of federal executive bodies in this area;

• develops federal programs improvement of working conditions and labor protection;
• submits to the Government of the Russian Federation annual reports on the state of labor conditions and safety and measures to improve them;
• develops intersectoral rules and organizational and methodological documents on labor protection;
• develops proposals for improving the mechanism of economic interest of employers in improving working conditions and safety, preventing industrial injuries and occupational diseases;
• carries out organizational and methodological management of the State Expertise of Working Conditions of the Russian Federation, organizes a selective examination of the compliance of projects for the construction and reconstruction of facilities with the requirements of labor conditions and labor protection;
• organizes work on certification of workplaces, as well as organizes and carries out, in cooperation with the State Committee of the Russian Federation for Standardization and Metrology, other federal executive bodies and executive bodies for labor of constituent entities of the Russian Federation, certification of labor protection work in organizations;
• develops proposals on forms of state assistance to manufacturers and consumers of special clothing, special footwear and other means individual protection;
• carries out work to improve the system of granting benefits and compensations to workers engaged in heavy work and work with harmful or hazardous working conditions;
• submits, in agreement with the Ministry of Health of the Russian Federation, proposals to the Government of the Russian Federation on the list of heavy work and work with harmful or hazardous working conditions, on which the use of labor by persons under the age of 18 is prohibited;
• organizes training and testing of employees' knowledge in the field of working conditions and labor protection;
• develops proposals for improving state management of labor conditions and safety, state regulation of working hours and rest time for selected categories workers;

The same functions are performed by labor bodies of the subjects of the federation or local self-government bodies, if such functions are entrusted to them. In contrast to the Ministry, labor bodies are closer to direct workers and employers, which makes the main differences.

In addition to the listed functions, all federal executive bodies, which have been granted the right to carry out certain functions of regulatory legal regulation, special permitting, supervisory and control functions in the field of labor protection, are obliged to coordinate the labor protection requirements they accept, as well as coordinate their activities with the Ministry of Labor of Russia

The main task of the interdepartmental commission on labor protection is the coordination of joint actions and implementation of a unified state policy in the field of labor protection, ensuring interaction between federal executive bodies, state supervision and control over compliance with labor protection requirements, associations of trade unions and associations of employers to prevent industrial injuries and occupational diseases, coordination of the activities of federal executive bodies engaged in the development and implementation of labor protection measures, preparation of regulatory legal acts on labor protection. Coordination of interregional, cross-sectoral and international projects on labor protection.

A large number of federal ministries and departments, in one way or another, are associated with the implementation of State functions for the management of labor protection in the Russian Federation. So the Ministry economic development and trade of the Russian Federation carries out methodological guidance and coordination of work on the development and implementation of federal target programs for labor protection. The Ministry of Finance of the Russian Federation participates in the preparation of federal targeted programs for the improvement of working conditions and labor protection, and provides their financing. The Ministry of Health of the Russian Federation (Department of State Sanitary and Epidemiological Surveillance) carries out state sanitary and epidemiological supervision and control over compliance with sanitary legislation in the field of occupational health and safety, develops and approves sanitary rules and norms, hygienic standards in the field of occupational safety. The Ministry of Industry, Science and Technology of the Russian Federation is involved in organizing, conducting and coordinating research work on safety, physiology, psychology and occupational health issues. The Ministry of Education of the Russian Federation organizes training on labor protection in educational institutions of primary general, basic general, secondary (complete) general and primary vocational education, secondary vocational, higher vocational and postgraduate vocational education. The State Committee of the Russian Federation for Standardization and Metrology organizes the development, adopts and implements state standards in the field of labor protection, organizes work on the certification of personal and collective protective equipment. The State Committee of the Russian Federation for Construction and Housing and Communal Services ensures the development, adopts, enforces and publishes norms and rules, state standards and instructions for ensuring labor safety in the field of construction. The State Committee of the Russian Federation on Statistics organizes state statistical monitoring of the state of working conditions and labor protection in organizations, industrial injuries, occupational diseases and material costs associated with them, provides the bodies of the state labor protection management system with statistical information in the prescribed manner. The Social Insurance Fund of the Russian Federation provides compulsory social insurance against industrial accidents and occupational diseases.

The functional subsystem also includes a number of departments such as Gosgortekhnadzor or Gosatomnadzor, the main functions of which in the field of labor protection are supervision and control.

With the rejection of the centralized administrative command method of managing the sectors of the economy, the number of sectoral ministries and departments has decreased, and their functions have changed. At the same time, new large corporations appeared, such as RAO UES of Russia, RAO Gazprom, and others, which in fact took over the functions of Ministries.

In these conditions, the functions of the sectoral federal executive bodies are changing, which to a greater extent play the role of a coordinating and methodological center that ensures the normal operation of labor protection services of organizations belonging to an industry or a corporation. In most cases, the work of sectoral federal executive bodies and their territorial bodies is identical to the work of territorial labor bodies, but there are also some specific features. This is how labor protection services are created directly in the structure of the branch department. The structure, number of employees and functions of the labor protection service, its subordination are determined by the head of the sectoral federal executive body, taking into account the recommendations of the Ministry of Labor and Social Development of the Russian Federation. These services carry out organizational and methodological management of labor protection services in organizations of the industry or a certain field of activity, organize the development and implementation of industry programs to improve labor conditions and safety.

Industry departments with the methodological support of the Ministry of Labor of the Russian Federation:

• take part in the development and implementation of federal target programs for improving working conditions and labor protection;
• develop, revise and approve in the prescribed manner sectoral regulatory legal acts on labor protection; participate in the consideration of draft laws and other regulatory legal acts on labor protection;
• determine, together with the branch trade unions, the range of industries and professions in the industry, for which it is necessary to establish state-guaranteed compensation for work in conditions of increased professional risk;
• participate in the investigation of accidents in subordinate organizations in accordance with the current procedure;
• organize at the enterprises of the industry or a certain field of activity training and testing of knowledge of the labor protection requirements of employees, including managers;
• study the state of industrial injuries and occupational morbidity and annually send to the Ministry of Labor and Social Development of the Russian Federation information on the state and measures to improve labor conditions and labor protection in the industry, proposals for improving federal legislation on labor protection and for the formation of state policy in the field of labor protection;
• determine research topics on sectoral issues of labor protection, develop a package of orders on this topic for sectoral research organizations;
• take part in the development and conclusion of sectoral tariff agreements, organize the work of sectoral commissions on labor protection;
• provide interaction on labor protection issues in the industry of federal executive authorities, trade union associations and employers' associations;

Thus, it can be seen that the functions of sectoral departments differ significantly from the functions of federal executive bodies, and when new large corporations are created, they will also acquire the rights and obligations of sectoral centers.

In the system of state management of labor protection at the moment, the issues of supervision and control are of decisive importance for the creation of truly safe working conditions in manufacturing enterprises of the private sector.

In the 21st century Russia is witnessing an upsurge in entrepreneurship, with small and medium-sized businesses becoming a decisive part of entrepreneurship.

Characteristic feature the formation of small business is that at the initial stage of its development it is characterized by difficult working conditions, the use of cheap labor, the operation of physically and morally worn out equipment. Small businesses in all countries go through this stage of development, and Russia has not passed it either.

The data obtained as a result of inspections by state labor inspectors, as well as the results of the annual monitoring of the social and labor sphere conducted by the Ministry of Labor of Russia, indicate that, as a rule, at small enterprises in Russia the state of labor conditions and labor protection does not meet the current norms and rules. The level of industrial injuries on them is higher than on medium and large ones. There is a large proportion of those employed in workplaces that do not meet sanitary and hygienic requirements. The proportion of workers engaged in heavy physical labor exceeds the levels of large enterprises.

To one degree or another, supervision over the observance of labor protection standards is carried out by a fairly large number of State bodies and departments. The main functions of supervision over labor protection in the Russian Federation are carried out by the Federal Labor Inspectorate. Along with the federal labor inspectorate, state supervision and control over compliance with labor protection requirements is carried out by: the Federal Mining and Industrial Supervision of Russia (Gosgortekhnadzor of Russia) and the Federal Supervision of Russia for Nuclear and Radiation Safety (Gosatomnadzor of Russia); state supervision bodies that are part of the system of a number of ministries of the Russian Federation: the Ministry of Energy of the Russian Federation, the Ministry Agriculture Of the Russian Federation, the Ministry of Health of the Russian Federation and forming, together with the ministries in whose system they are included, unified centralized systems of bodies exercising appropriate supervision.

The Federal Mining and Industrial Supervision of Russia (Gosgortekhnadzor of Russia) carries out normative regulation, as well as special permitting, control and supervisory functions in the field of industrial safety within the competence established by the Regulation on the Federal Mining and Industrial Supervision of Russia, investigates the causes of accidents and accidents at work at facilities under the control of Gosgortekhnadzor of Russia.

The Federal Supervision of Russia for Nuclear and Radiation Safety (Gosatomnadzor of Russia) organizes and implements on the territory of the Russian Federation state regulation of nuclear and radiation safety in accordance with legislative acts RF and the Regulation on Gosatomnadzor of Russia.

Ministry of Internal Affairs of the Russian Federation, State Security Inspectorate road traffic(Traffic police) monitors compliance with traffic rules, as well as regulations in the field of road safety, develops proposals to improve road safety, participates in the development of draft legislative and other regulatory legal acts in the field of road safety, makes proposals for their improvement. Provides the federal labor inspectorate with the information necessary for an objective examination of the causes and conditions of specific road accidents.

Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences natural Disasters(EMERCOM of Russia), in accordance with the established procedure, develops and implements federal target programs in the field of protecting the population and territories from emergencies, as well as to overcome the consequences of radiation accidents and disasters. Participates in the prescribed manner in the organization of the examination of safety declarations of objects, the activities of which are associated with an increased hazard of production.

The Ministry of Fuel and Energy of the Russian Federation, the Department of State Energy Supervision and Energy Saving (Gosenergonadzor) - supervises the technical condition and safe maintenance of electrical and thermal installations of consumers of electrical and thermal energy, equipment and main structures of power plants, electrical and heat networks of energy supplying organizations, over compliance by organizations the rules for the construction of electrical installations, the technical operation of electrical and thermal installations and safety requirements for their operation, as well as the rules for the use of electrical, thermal energy and gas. Develops and publishes normative and technical documentation, carries out scientific, technical and information activities in the field of labor protection.

State sanitary and epidemiological supervision exercises control over the implementation by organizations sanitary regulations, hygienic standards, sanitary and anti-epidemic (preventive) measures. Organizes the development and approves sanitary rules and norms, hygienic standards in the field of labor protection, for organizing and conducting medical examinations workers. Organizes the study of occupational pathology, its causes, methods of diagnosis, treatment and prevention.

The Prosecutor's Office of the Russian Federation oversees compliance with labor and labor protection legislation, participates in investigations of the causes of accidents (catastrophes), fatal accidents and makes appropriate decisions within its competence.

On May 4, 1994, the Federal Inspectorate was formed under the Ministry of Labor of the Russian Federation (Rostrudinspektsiya), which supervises and monitors the observance of essentially all labor legislation, and not just legislation on labor protection. At the same time, the accents labor law are highlighted and thus emphasized that labor protection is a part, a specific area of ​​this law.

With regard to supervision and control directly over labor protection, the Regulation on the Federal Labor Inspectorate defines the range of tasks and functions of state labor inspectorates, covering almost all of the most important questions related to ensuring the labor of workers and protecting their rights in this area.

The regulation established that the Federal Labor Inspectorate and its subordinate state labor inspectorates of republics, territories, regions, cities of federal significance (that is, Moscow and St. Petersburg), autonomous region, autonomous regions, districts and cities form unified system supervision and control over compliance with the legislation of the Russian Federation on labor and labor protection.

The activities of the Federal Labor Inspectorate and the state labor inspectorates subordinate to it in the constituent entities of the Russian Federation are managed by the Chief State Labor Inspector of the Russian Federation, appointed and dismissed by the President of the Russian Federation. The Chief State Labor Inspector of the Russian Federation bears personal responsibility for the fulfillment of the tasks assigned to the Federal Labor Inspectorate and for the exercise of its functions. He also appoints and dismisses from office not only employees of the Federal Labor Inspectorate, but also the heads of state labor inspectorates in the constituent entities of the Russian Federation and their deputies. Any coordination of candidates for these positions is not provided for by the Regulations on the Federal Inspectorate.

The structure of the Federal Labor Inspectorate is determined by the directions of its activities, that is, a state legal labor inspectorate and a state labor protection inspectorate are created, the organizational and methodological leadership of which is entrusted to the Deputy Head of the Federal Labor Inspectorate - the Chief State Labor Inspector of the Russian Federation and deputy heads of the State Labor Inspection in the constituent entities of the Russian Federation ...

State labor inspectorates: exercise state supervision and control over the observance of the legislation of the Russian Federation on labor and labor protection in organizations located in the respective territories; investigate, in accordance with the established procedure, industrial accidents, analyze their causes and develop proposals for the prevention of such incidents; are considered in accordance with the legislation of the case about administrative offenses and etc.

State labor inspectors have the right to request and receive free of charge from the heads and other officials of organizations, executive authorities, documents, explanations, information necessary for the exercise of their powers. Submit to employers for execution orders to eliminate violations of labor legislation and labor protection, to restore violated rights of citizens with a proposal to bring the perpetrators of these violations to disciplinary responsibility; to bring to administrative responsibility in accordance with the established procedure the persons guilty of violation of labor and labor protection legislation.

State labor protection inspectors, along with these rights, have the right to demand, in the prescribed manner, from the employer to take measures to eliminate violations discovered during inspections. Suspend the work of individual production units and equipment in the event of violations of labor protection requirements that pose a threat to the life and health of employees, until these violations are eliminated; to remove from work persons who have not undergone training in safe methods and techniques for performing work in the prescribed manner, instructing on labor protection, internship at workplaces and testing knowledge of labor protection requirements.

The chief state labor inspector of the Russian Federation and the heads of state labor inspectorates, along with the above-mentioned rights, have the right to suspend the activities of organizations in which violations of labor protection requirements are revealed that pose a threat to the life and health of employees, until these violations are eliminated; to send to the courts, in the presence of the conclusions of the state examination of working conditions, demands on the liquidation of organizations or the termination of the activities of their structural divisions.

The Federal Labor Inspectorate carries out its activities in cooperation with law enforcement agencies, with federal executive authorities, which have been granted the right to exercise supervision and control functions within their powers, with state authorities of the constituent entities of the Russian Federation and local self-government bodies, associations of employers and associations of trade unions, other state and public organizations.

The state examination of the working conditions of the Russian Federation is a system of state bodies that carry out expert activity on working conditions at the federal and regional levels. At the federal level, the state examination of working conditions is carried out by the All-Russian state examination of working conditions, and at regional level- state examinations of working conditions of the constituent entities of the Russian Federation.

The tasks of the state examination of working conditions are control over labor conditions and safety, the quality of certification of workplaces for working conditions, the correctness of compensation for hard work and work with harmful or hazardous working conditions, as well as preparation of proposals for classifying organizations as a professional risk class in accordance with with the results of certification of labor protection in organizations. The conclusion of the state examination of working conditions is a mandatory basis for a court to consider the issue of liquidating an organization or its subdivision in case of a violation of labor protection requirements.

The functions of the All-Russian State Expertise of Working Conditions are entrusted to the Ministry of Labor of Russia. In practice, the functions of state examinations of working conditions of the constituent entities of the Russian Federation are assigned to the executive authorities of the constituent entities of the Russian Federation in charge of labor protection issues.

The following functions are entrusted to the State Expertise of Working Conditions in the Constituent Entities of the Russian Federation by the Ministry of Labor of Russia:

• control over labor conditions and safety, the quality of certification of workplaces for working conditions, the correctness of compensation for hard work and work with harmful or dangerous working conditions;
• preparation of proposals on the classification of organizations to the class of professional risk in accordance with the results of certification of labor protection in organizations;
• submission to medical and social examination institutions of conclusions on the nature and working conditions of the insured, which preceded the occurrence of the insured event;
• state examination of working conditions for compliance with labor protection requirements of construction and reconstruction projects production facilities, as well as machines, mechanisms, other production equipment and technological processes;
• conducting a state examination of working conditions when licensing certain types of activities on the territory of a constituent entity of the Russian Federation;
• carrying out state examination of working conditions at the request of state supervision and control bodies, judiciary, employers, employees, trade unions, their associations and other representative bodies authorized by employees;
• issuance of opinions on working conditions for consideration in judicial procedure the issue of liquidation of an organization or its subdivision in the event of violations of labor protection requirements;

· Providing advice to employers and employees on the assessment of working conditions, certification of workplaces for working conditions, establishing the correctness of compensation for hard work and work in harmful or hazardous working conditions.

Employees of subdivisions of the state examination of working conditions of the constituent entities of the Russian Federation are granted the following rights:

• freely visit organizations of all organizational and legal forms, the admission of workers performing expert work on working conditions to secure organizations should be carried out in the prescribed manner;
• request and receive free of charge from the heads and other officials of organizations the documentation necessary for the performance of their activities;
• to present to employers or their representatives binding orders to eliminate violations or to suspend the decisions taken in the organization on the provision of compensation for hard work and work with harmful and hazardous working conditions that do not comply with current legislative and other regulatory legal acts.

Thus, the modern State system of management and control over labor protection in the Russian Federation at the moment, in principle, is built quite well.

However, the effectiveness of this system is currently not yet fully exploited. There are no tough economic mechanisms capable of forcing both the employer and the employee to comply with the rule of law laid down in the legislation, despite the fact that quite harsh statements have been made recently and laws are being adopted that seriously tighten responsibility.

The level of labor protection that will develop in the coming years in the Russian Federation will largely depend on the development of the state system of labor protection management. This, in particular, will be facilitated by:

• implementation of the provisions of the Federal Law of the Russian Federation "On the fundamentals of labor protection in the Russian Federation" and the development of the necessary regulatory legal acts for its implementation in accordance with the realities of formation market economy;
• bringing the labor legislation of Russia in line with the ILO conventions related to occupational safety and health, and general rules labor legislation of the countries of the European Union;
• introduction of a mechanism of economic interest of insurance subjects in reducing occupational risk and the level of occupational injuries (occupational morbidity), in improving labor conditions and safety, based on the differentiation of insurance rates in accordance with the occupational risk classes of sectors (sub-sectors) of the economy, in accordance with the implementation of the Federal Law " On compulsory social insurance against industrial accidents and occupational diseases. "

It is necessary to change the logic, the target setting of OSH management from direct control and coercion to economic interest.

If we analyze the approaches adopted in the European Community, as well as in other national legislation, then the tactics of reducing occupational risk take the central place. This logic of actions is dictated by the implementation of the system of compulsory social insurance against industrial accidents and occupational diseases. This system makes it possible to put in place a mechanism for the economic interest of entrepreneurs in reducing the disability of workers.

Formation in the Russian Federation of new approaches to state system labor protection management with the use of economic mechanisms make significant changes in the structure of production costs of enterprises.

The imposition of responsibility for the state of labor conditions and safety on the employer leads to an increase in their costs in connection with the introduction of differentiated insurance tariffs of the system compulsory insurance from industrial accidents and occupational diseases.

Thus, the introduction of new economic mechanisms will contribute to further development system of State management of labor protection in Russia.

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Federal Law of July 17, 1999 N 181-FZ "On the basics of labor protection in the Russian Federation" // Rossiyskaya Gazeta. 1999.24 July.

Federal Law of July 24, 1998 N 125-FZ "On compulsory social insurance against industrial accidents and occupational diseases" // Rossiyskaya Gazeta. 1998.12 August.

Labor Code of the Russian Federation. dated 30.12.2001 N 197-FZ // Rossiyskaya Gazeta. 2001.31 December.

Commentary on the Labor Code of the Russian Federation. Sixth edition, revised and enlarged. / Ed. Gusova K.N .. M .: PBOYUL Grizhenko E.M., 2000. p. 576.

Labor Code of the Russian Federation. dated 30.12.2001 N 197-FZ. Art. 211 // Russian newspaper. 2001.31 December.

Decree of the Government of the Russian Federation of May 23, 2000 N 399 "On regulatory legal acts containing state regulatory requirements for labor protection." // Russian newspaper. 2000.31 May.

Kurennoy A.M. Legal regulation of labor protection. // Practical magazine for executives and managers. M .: Legislation. 2001. N 7.p.15

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Regulations on the Ministry of Labor and Social Development of the Russian Federation (as amended on September 6, 2001), Resolution of the Government of the Russian Federation of April 23, 1997 N 480. Collected Legislation of the Russian Federation. N 17 dated 04.28.1997. Art. 2019

Federal Law of July 17, 1999 N 181-FZ "On the basics of labor protection in the Russian Federation" Article 11 // Rossiyskaya Gazeta. 1999.24 July.

Soloviev A.P. Labor protection and health of workers in the new century. // Labor protection and social insurance. M., 2001, no. 9

See: Resolution of the Government of the Russian Federation "On Approval of the Regulations on the Federal Mining and Industrial Supervision of Russia" dated 03.12.01 No. 841 - Collected Legislation of the Russian Federation. 2001. No. 50. Art. 4742

See: order of the President of the Russian Federation "On approval of the Regulation on Federal oversight Of Russia on Nuclear and Radiation Safety "dated 05.06.92 No. 283-rp - Vedomosti RF. 1992. No. 24. Art. 1338

See: Resolution of the Government of the Russian Federation of 12.08.98 No. 938 "On State Energy Supervision in the Russian Federation" - Collected Legislation of the Russian Federation. 1998. No. 33. Art. 4037

See: Resolution of the Government of the Russian Federation of 07.24.00 No. 554 "On Approval of the Regulation on the Sanitary and Epidemiological Service of the Russian Federation and the Regulation on State Sanitary and Epidemiological Standardization" - Collected Legislation of the Russian Federation. 2000. No. 31. Art. 3295

See: Federal Law of January 17, 1992 No. 2202-1 "On the Prosecutor's Office of the Russian Federation" - Collected Legislation of the Russian Federation. 1995. No. 47. Art. 447

See: Resolutions of the Government of the Russian Federation of 09.09.99 No. 1035 "On State Supervision and Control over Compliance with the Legislation of the Russian Federation on Labor and Labor Protection." Collection of legislation of the Russian Federation. 1999. No. 38. Art. 4546 and dated 28.01.00 No. 78 "On the Federal Labor Inspection" Collected Legislation of the Russian Federation. 2000. No. 6. Art. 760

See: Decree of the Council of Ministers of the RSFSR dated 03.12.90 No. 557 "On the State Expertise of Working Conditions of the RSFSR" and Decree of the Ministry of Labor of Russia dated 30.11.00 No. 86 " state expertise working conditions in the Russian Federation "- Bulletin of the Ministry of Labor of Russia. 2000. No. 12.

Federal Law of July 17, 1999 N 181-FZ "On the fundamentals of labor protection in the Russian Federation" Article 21. // Russian newspaper. 1999.24 July

Federal Law of 12.01.96 No. 10-FZ "On Trade Unions, Their Rights and Guarantees of Activities" Collected Legislation of the Russian Federation. 1996. No. 3. Art. 148.

Federal Law of July 17, 1999 N 181-FZ "On the basics of labor protection in the Russian Federation" Article 22. // Russian newspaper. 1999.24 July

Regulation on Technical Inspection of Trade Unions dated November 22, 2000 // Labor Protection and Social Insurance. - 2000. - No. 4. insert "Labor inspector". - 2001.-№2.-С.28

State supervision and control over the observance of legislative and other normative acts on labor protection is carried out by the federal body for control and supervision over labor protection, which are independent in their activities and act in accordance with the provisions approved in the prescribed manner.

Officials of state supervision and control bodies (state inspectors) for labor protection have the right to freely visit any enterprises, conduct accident investigations at enterprises, have access to the necessary information, issue mandatory instructions to officials of enterprises, suspend the operation of production equipment and the activities of production divisions, to impose fines on officials of enterprises guilty of violating legislative and other regulations on labor protection. Status statement state inspector on labor protection is approved by law. Decisions of officials of state supervision and control bodies, made within the powers granted to them, are binding on enterprises of all forms of ownership, regardless of the sphere. economic activity and departmental subordination.

Officials of the state control and supervision bodies are responsible for the fulfillment of the duties assigned to them in accordance with the legislation of the Russian Federation.

Public control over labor protection

Public monitoring of compliance legal rights and the interests of workers in the field of labor protection is carried out trade unions represented by their respective bodies and other representative bodies authorized by employees, which can create their own inspections for this purpose.

Authorized (trusted) persons for labor protection of trade unions or labor collectives act in accordance with the recommendations developed by the state labor protection management body.

Trade unions, represented by their respective bodies and other representative bodies authorized by employees, have the right to:

1) Monitor the employer's compliance with legislative and other regulations on labor protection;

2) Conduct an independent examination of working conditions and ensuring the safety of employees of the enterprise;

3) To take part in the investigation of accidents and occupational diseases, as well as to independently investigate them;

4) Receive information from managers and other officials of enterprises on the state of working conditions and labor protection, as well as on all industrial accidents subject to registration;

5) Submit demands to suspend work in cases of immediate threat to the life and health of employees;

6) To carry out the issuance to employers of mandatory for consideration submissions on the elimination of identified violations of labor protection legislation;

7) Inspect the state of labor protection conditions stipulated by collective agreements or agreements;

8) Take part in the work of commissions for testing and commissioning of production facilities and means of production as independent experts;

9) Participate in the development and approval of regulations on labor protection;

10) Apply to the relevant authorities with a requirement to bring to responsibility the officials guilty of violating the regulatory requirements for labor protection, concealing the facts of accidents at work;

11) Take part in the consideration of labor disputes related to violation of labor protection legislation, obligations established by collective agreements or agreements on labor protection, with a change in working conditions.

Responsibility of employers and officials for violation of legislative and other normative acts on labor protection

Employers and officials guilty of violating legislative and other regulations on labor protection in non-fulfillment of obligations established by collective agreements or agreements on labor protection, or hindering the activities of representatives of state supervision and control bodies, as well as public control, are involved in administrative, disciplinary or criminal liability in the manner established by the legislation of the Russian Federation and the republics within the Russian Federation.

Disciplinary responsibility is the obligation of employees to answer to the administration for their failure to comply with labor discipline. The main document regulating labor discipline is the standard internal labor regulations for workers and employees of enterprises, institutions and organizations. On the basis of these standard or industry rules, the administration of the enterprise develops internal labor regulations, instructions, regulations, the failure to comply with the requirements of which is a disciplinary offense.

For violation of labor discipline, the administration of the enterprise can apply the following disciplinary sanctions to the employee: reprimand, reprimand, severe reprimand, transfer to a lower-paid job for up to 3 months or displacement to a lower position for the same period, dismissal. Only an official can impose a disciplinary sanction on an employee subordinate to him.

Administrative responsibility expressed in the form of various administrative penalties- warnings, public censure, fines. They have the right to bring to administrative responsibility for violation of labor protection legislation in accordance with the procedure established by law government bodies supervision and state labor inspectors.

Officials can appeal against the decision to impose a fine on them in the district (city) court within 10 days from the date of delivery of the order. Filing a complaint suspends the recovery of the fine. Definition of the district (city) people's court on these complaints is final and not subject to appeal.

Criminal liability officials occurs in those cases when they have committed a violation that is in the nature of a crime.

Article 140 of the Criminal Code provides for criminal liability for violation by an official of the safety rules, industrial, sanitary and hygienic or other labor protection rules, if this violation has entailed or could have entailed accidents with people or other grave consequences - imprisonment for up to one years or correctional labor for the same period or a fine or dismissal from office. For the same violations that resulted in bodily harm or disability, the perpetrators are punished with imprisonment for up to 3 years or correctional labor for up to 1 year. For the violations specified in part one of this article, which resulted in the death of a person or the infliction of grievous bodily harm to several persons, the perpetrators shall be punished with imprisonment for a term of up to 5 years.

Responsibility for violation of labor protection rules under Art. 140 are borne only by those officials who, by virtue of their official position or a special order, are entrusted with the obligation to comply with the labor protection rules in the relevant work area or monitor their implementation. If these violations are committed by other officials, they can be held accountable for malfeasance (negligence or abuse of office).

Article 216 of the Criminal Code - criminal liability for violation of production and technical or other rules that ensure the safety of production at explosive enterprises or explosive workshops: correctional labor up to 1 year or a fine or dismissal. For the same actions related to the death of people or other grave consequences, the perpetrators are punished for up to 7 years. I bear responsibility under Art. 216 any persons responsible for these violations.

Implemented by the legislative and executive authorities.

Local self-government bodies ensure compliance with sanitary rules, norms and hygienic standards on the territory of their districts, including at production facilities.

The functional management bodies are a number of federal executive authorities that develop regulatory legal acts containing state requirements for labor protection, as well as keep records of the state of labor conditions and safety, the level of injuries and occupational morbidity, and training personnel in the field of labor protection.

Strategic developments in the field of labor protection, including management issues, are carried out by research centers.

Control plays a significant role in the implementation of OT management. Control over the state of labor protection is implemented through state supervision, departmental and public control.

The main body state supervision and control the state of labor protection is the Federal Service for Labor and Employment. Its structure includes the Department for supervision and control over compliance with labor legislation, territorial bodies for state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, state labor inspectorates of the constituent entities of the Russian Federation. This system supervises and controls compliance with Russian legislation on labor and labor protection, regulations on compensation for harm caused to the health of an employee, on social insurance and the implementation of collective agreements at enterprises, institutions and organizations, regardless of the form of ownership.

Supervision and control over the safety of work related to the use of subsoil, industrial safety, safety when using atomic energy, safety of electrical and thermal installations and networks, safety of hydraulic structures, safety of production, storage and use of explosive materials industrial use entrusted to the Federal Service for Environmental, Technological and atomic supervision(Rostekhnadzor).

State sanitary and epidemiological supervision over compliance by enterprises, institutions, organizations of hygiene and sanitary standards and the rules are carried out by divisions Federal Service on supervision in the field of protection of consumer rights and human well-being (Rospotrebnadzor).

The State Fire Supervision is entrusted with the control over the fulfillment of the requirements fire prevention in design and operation industrial premises and buildings in general.

Supervisory functions are also performed by the prosecutor's office and a number of other departments. All of the above supervisory bodies are based on the territorial principle. Representatives of these bodies have the right to freely enter subordinate facilities; receive all necessary information from representatives of the executive power, local self-government and the management of enterprises: issue to employers and officials binding instructions; impose fines on them in accordance with the procedure established by the Russian legislation on administrative offenses; suspend the work of individual production units and equipment if there is a threat to the life and health of workers until it is eliminated.

Departmental control labor protection services of ministries, departments, associations, concerns are in charge of labor protection. At enterprises, institutions and organizations, this control is also carried out by the relevant services, and in their absence - by occupational safety engineers or persons entrusted with the implementation of these duties. In addition, this type of control is carried out by the heads of divisions, sections.

Public control observance of labor and labor legislation is carried out by trade unions by means of special commissions of trade union committees of organizations. In addition, authorized ( proxies) on labor protection of a trade union or other body authorized by employees. Depending on the specific production conditions in the structural unit, several such responsible persons can be selected. The persons exercising public control inform the administration about all revealed violations and seek their elimination.

The enterprises, as a rule, have health and safety management systems. The creation of the OT system and its management at the enterprise is carried out by the owner of the enterprise or persons authorized by him; they create labor protection services or hire health and safety specialists on a contractual basis.

The number and structure of OT services at an enterprise is determined by the size of the enterprise and the number of its employees.

If the number of employees is less than 10 people, then special commissions are not created and a specialist is not hired, since in this case full responsibility is borne by the employer; if there are 10 or more people, a commission is created on a parity basis (includes representatives of employers and employees); if there are more than 100 people, the position of a labor protection specialist is introduced; when the number of employees is more than 1000 people, a labor protection service is created.

In the absence of an OT service or an OT specialist in the organization, the employer enters into an agreement with a specialist or organizations providing OT services.

The OT service in an organization is an independent structural unit and reports directly to the head of the organization or, on his behalf, to one of his deputies. The main tasks of the OT service:

• organization and coordination of labor protection at the enterprise (in the organization);
• control over compliance with legislative and other legal acts;
• improvement preventive work on the prevention of industrial injuries;
• advising employers and employees on labor protection issues.

The heads of enterprises, all structural divisions, including the departments of chief specialists, individual sections, laboratories, and divisions, take part in the work of the OT management system. engaged in training, material and technical supply, etc. Coordination of the activities of the links of this system is carried out by the service (engineer) OT. The basis for making management decisions, in particular work planning, is the analysis of control results, including an assessment of the state of labor protection.

To assess the state of labor protection at production sites and in workshops, it is recommended to use the generalized coefficient of the level of labor protection ( Cat):

K ot = (K cn + K b + K vpr) / 3

• K cn- coefficient of the level of observance of labor protection rules by workers;
• K b- equipment safety factor;
• K vpr- the coefficient of performance of planned work on labor protection.

Compliance ratio FROM employed is determined by the ratio of the number of employees in compliance with the rules to the total number of employees.

For determining K cn the enterprise introduces a map of the level of compliance with labor protection for the site and workshop.

Equipment safety factor ( K b) is determined by the ratio of the number of safety indicators (requirements) corresponding to the normative and technical documentation on labor safety to the total number of safety indicators (requirements) related to this equipment.

To control the safety level of production equipment at sites and in workshops, a site safety factor is introduced ( To boo) and workshop ( K bts):

K bu = (K b 1 + K b2 + ... + K bn / n,

• K bi Is the safety factor of a unit of operated equipment at the i-th (i = 1, ..., n) plot;
• n- number of pieces of equipment on the site:

K bts = (K bu1 + K bu2 + ... + K bum) / m,

• Byj Is the safety factor of the j-th section (j = 1, ..., m);
• m- the number of sites in the workshop.

The coefficient of execution of planned work on labor protection ( K vpr) is determined by the ratio of the number of activities actually completed and provided for a given month for all types of plans, instructions, orders.

The most important function of the occupational health and safety management system is to monitor the health and safety status and working conditions, the results of which are the basis for making managerial decisions. The main types of OT control are operational control(unscheduled inspections) of the work supervisor and other officials; planned control (targeted and comprehensive inspections); control of labor safety requirements during certification of workplaces; selective control (control of difficult, especially difficult, harmful and especially harmful working conditions).

Operational control(unscheduled inspections) are carried out by the OT service in connection with various kinds of accidents and failures. Depending on their nature, the department of the chief mechanic, the department of the chief power engineer, divisions that ensure the safety of buildings and structures are involved in them. In addition, the labor protection department organizes planned control(targeted and comprehensive checks).

Targeted checks set as their task the control of production equipment on a specific basis, for example, checking compliance with the safety requirements of electric drives, pneumatic and hydraulic systems, and protective equipment against mechanical injury. In addition, the object of control can be the means of collective protection in industrial premises (ventilation, air conditioning, heating, lighting systems, etc.). Typically, targeted audits are carried out across the entire enterprise.

Comprehensive checks are carried out in one workshop. The object of control is production equipment, which is checked for compliance with a set of safety requirements established by the SSBT standards. Employees of OT departments, together with employees of standardization services, take part in monitoring the implementation and observance of SSBT standards. organize measurements of parameters of hazardous and harmful production factors... At the same time, all types of equipment, production processes, means of individual and collective protection, as well as the state of the building structures of the workshop (site) are monitored for compliance with safety requirements. All the services mentioned above are involved in these checks. Comprehensive inspections are organized by the OT department, whose representatives also take part in their conduct.

Attestation control- This is, first of all, certification of workplaces for working conditions. It is based on monitoring compliance with the safety requirements of working conditions (working environment, labor intensity and severity), production equipment and devices. The values ​​(levels) of all hazardous and harmful factors present in the workplace, as well as the characteristics of the severity and intensity of labor, are subject to assessment. The values ​​of these factors are determined on the basis of instrumental measurements in the process of work in accordance with the technological regulations, with serviceable and effectively operating means of collective and individual protection. In this case, the control methods established by the relevant standards or other regulatory documents should be used. When carrying out measurements, only those instruments should be used that are specified in regulatory documents and passed the state inspection on time. The measurement results are recorded in protocols.

When assessing the conformity of equipment to safety requirements, the availability of protective equipment is monitored in accordance with the regulatory and technical documentation for the tested machines and mechanisms and their compliance with safety requirements. When assessing a workplace from the point of view of the use of individual and collective protection means, not only their availability is monitored, but also their compliance with the established safety requirements.

During certification, the provision of workplaces with training means is assessed. The attestation commission enters the results of attestation into special cards of workplaces. The data obtained during the certification of workplaces for working conditions is used in the execution of labor contracts, in the development of programs for improving labor protection and working conditions, as well as in the certification of labor protection works.

Selective control(control of severe, especially difficult, harmful and especially harmful working conditions) is carried out in order to verify the correctness of the application of lists of industries, jobs, professions, positions and indicators for which preferential pensions are established and additional vacations are provided, the justification for providing employees of enterprises in accordance with the legislation of compensations for work in unfavorable conditions labor, as well as for the purpose of quality control of the certification of workplaces for working conditions, especially in workplaces where women are employed.

Based on the results of control of labor conditions and safety, including inspections of the relevant supervisory and control bodies, work is planned to improve them. Plans can be forward-looking, current and operational. The first are associated with the implementation of major events, the implementation of which is designed for several years. Current plans are drawn up for a year, operational plans are focused on eliminating the consequences of various kinds of accidents.

Stimulation of labor protection provides for rewarding employees for meeting labor safety requirements in the form of additional payments to wages, bonuses, etc.

Assessment of working conditions and labor protection at the enterprise allows you to determine the priority areas of work to improve them, to identify the divisions where they should be carried out in the first place.

The most important indicators of the state of labor protection are statistical indicators of injuries: the rates of frequency and severity of accidents, as well as the rate of fatalities. Analysis of the dynamics of changes in these coefficients makes it possible to predict their value for the next period.

The criteria for qualifying an injury as an industrial one (an industrial accident) are given in the Regulation on the specifics of investigating industrial accidents in certain industries and organizations. In accordance with this Regulation, accidents are subject to investigation and registration. entailing the need to transfer the employee to another job, temporary or permanent disability or death that occurred when the employee performed his job duties (work), performing work on the instructions of the employer during working hours (including established breaks) on the territory of the organization or outside it ( including on the way to the place of the assignment), as well as during the time necessary to put in order the tools of production, clothing, etc., before or after the end of work, as well as when performing work during overtime, weekends and holidays days.

Industrial accidents include injuries, including those resulting from bodily harm by another person; acute poisoning; heatstroke; burn; frostbite; drowning; defeat electric shock, lightning and ionizing radiation; insect and reptile bites, injuries applied by animals; damage resulting from explosions, accidents, destruction of buildings, structures and structures, natural disasters and other emergencies.

In addition, injuries received when going to the place of work or from work on the transport provided by the employer or in cash with the appropriate agreement or order of the employer on its use for production purposes are subject to investigation and registration as accidents at work; when going to the place of business trip and back and in some other cases.

If an industrial accident occurs with an employee insured against him, the employer is obliged to inform the executive body of the social insurance fund within 24 hours (at the place of registration as an insured).

The investigation is carried out by a commission consisting of representatives of the employer and the labor collective. The inclusion in it of representatives of the administration responsible for labor protection in the area where the injury was received is prohibited. The composition of the commission is approved by order of the head of the organization or a person authorized by him. The victim can take part in the investigation of the incident with him. Based on the results of the investigation, the commission, within three days, draws up an act in the form of N -1 in two copies, for insured persons - in three copies. If necessary, the chairman of the commission can extend the investigation period, but not more than 15 days. The act is drawn up if the injury caused the need to transfer the employee in accordance with the medical report to another job for one day or more or loss of ability to work for the same period. The N-1 form act is a statistical reporting document. It is approved by the head of the organization and certified by the seal.

Group, serious and fatal cases are investigated within 15 days by a commission consisting of a state labor protection inspector, a representative of the employer, an executive body of the corresponding constituent entity of the Russian Federation and a trade union or other authorized by employees representative body... In addition to the act in the form N-1, for each victim, a special act on the investigation of a group occupational accident (severe occupational accident, fatal occupational accident). In addition, the state labor protection inspector writes his opinion.

If, during the investigation of an industrial accident that occurred with an insured employee, the commission established that gross negligence of the victim contributed to its occurrence or an increase in the harm caused to his health, then, taking into account the conclusion of the trade union committee or another body authorized by the insured, the commission determines the degree of his guilt (in percent), and the amount of insurance payments is reduced accordingly (by a maximum of 25%).

Accounting for accidents at work allows you to study the causes and circumstances of accidents and, on the basis of this, develop and implement measures to prevent injuries and occupational diseases.

The various causes of accidents can be grouped into the following groups: technical, organizational and sanitary and hygienic.

Technical reasons: technical imperfection and design deficiencies of energy, transport systems and equipment; imperfection of the technological process; imperfection or lack of safety equipment - interlocks, fences and safety devices.

Organizational reasons, violation of the technological process, improper organization of labor, workplace; use of inappropriate equipment, fixtures, tools, lack of guidance and supervision of work, insufficient training of workers in safe working practices, violation and non-observance of safety instructions, lack of security by individual means are sewn up.

Sanitary and hygienic reasons: abnormal meteorological conditions, irrational lighting, exceeding the norms of noise levels, vibration, harmful emissions and radiation, unsanitary condition of industrial and domestic premises.

The analysis of the causes and level of injuries can be carried out by the following methods: group, topographic, monographic. statistical and economic.

At group method accidents are divided into groups depending on the nature of the work, the type of equipment, the nature of the damage, etc. for a certain period of time. This reveals the recurrence of cases, the danger of working on a particular equipment.

Topographic method - distribution of the causes of accidents at the scene of the accident, with the identification of unfavorable places for injuries.

Monographic method - a detailed study of the complex of conditions under which the accident occurred: the technological process, equipment, work features, etc. are studied in detail. In this case, not only the causes of the accident, but also potential hazards are identified, which makes it possible to most fully establish measures to prevent injuries and occupational diseases.

Statistical method makes it possible to assess quantitatively and qualitatively the level of injuries by means of two indicators: the frequency rate and the accident severity rate.

Frequency factor (K h) Is the ratio of the number of accidents for the reporting period to 1000 employees:

K h = (N / P) * 1000,

• N - number of accounted accidents that caused disability;
• R- payroll of employees during the reporting period, people.

Severity factor (K t) Is a number showing the average number of work days lost by each victim during the reporting period:

K t = T / N,

T — total amount working days lost in accounted cases during the reporting period.

Using these coefficients and distributing accidents according to the occupation of the victims, the location of the incident and other indicators, it is possible to determine the direction of work to combat injuries.

Economic method - determination of economic damage from injuries, as well as an assessment of the effectiveness of costs aimed at preventing accidents, in order to optimally allocate funds for labor protection measures.

V this case the coefficient of minimum material losses and the economic indicator of injuries are used.

Minimum material loss ratio (K n) - the number of labor losses in days per 1000 employees:

K n = K h * K t = (T / R) * 1000

The economic indicator of injuries - cost of loss of working time per 1000 employees:

E = (3 p - T) / R * 1000, where Z p- the average salary of the victim.

Legal framework for the relationship between employers and supervisory authorities

for compliance with labor and labor protection legislation.

In the new Labor Code of the Russian Federation (Labor Code of the Russian Federation of December 30, 2001, No. 197-fz), a whole chapter is devoted to state supervision and control over compliance with the legislation on labor and labor protection of the Russian Federation (Chapter 57 of the Labor Code of the Russian Federation). Does this mean that before the adoption of this fundamental law in the field of regulation of labor relations, there was no supervision over the observance of labor legislation in our country?

Let's go back to history. Until 1994, the state supervision over the observance of labor legislation on behalf of the state was carried out by trade unions. The All-Union Central Council of Trade Unions, sectoral trade unions and their local bodies had a whole staff of technical and legal labor inspectors who ensured the protection of workers under conditions of practically a single owner, which was the state.

It should be noted that in the USSR, until its collapse, the 1947 Convention of the International Labor Organization (ILO) on Labor Inspection was not ratified, which enshrines the principle of state supervision of compliance with labor legislation, the leading role of the state in regulating labor relations in society and protection of the health of employees in the performance of their work duties.

In preparation for the ratification of the said Convention, May 4 1994 year the Decree of the President of the Russian Federation No. 850 "On State Supervision and Control over Compliance with the Legislation of the Russian Federation on Labor and Labor Protection" was issued; in July of the same year, Presidential Decree No. 1504 approved the Regulation on the Federal Labor Inspectorate. In all constituent entities of the Russian Federation, appropriate territorial bodies of state supervision over compliance with labor legislation were created. In the Moscow region, such an inspectorate was created already in 1994, in Moscow, in fact, it began to function since 1995.

Recently, the state has been paying great attention to the legislative and regulations labor protection issues. This is primarily due to the fact that Article 7 of the Constitution of the Russian Federation proclaims the Russian Federation as a social state, the policy of which is aimed at creating conditions that ensure a decent life and free human development. Recognition, observance and protection of human and civil rights and freedoms, including the right to work in conditions that meet the requirements of safety and hygiene, is the duty of the state (Articles 2 and 37 of the Constitution of the Russian Federation). That is why, on April 11, 1998, federal law No. 58-fz ratified: the 1947 Labor Inspection Convention (Convention No. 81) and the 1995 Protocol to the 1947 Labor Inspection Convention, the 1978 Labor Administration Convention (Convention No. 150 ) and the Occupational Safety and Health Convention, 1981 (Convention No. 155), adopted by the General Conference of the International Labor Organization in Geneva. This made it possible on July 17, 1999, to adopt the fundamental law "On the fundamentals of labor protection in the Russian Federation" (No. 181-fz), in which state supervision over compliance with labor and labor protection legislation was enshrined in legislation. The reorganization of the bodies of state supervision and control over the observance of legislation on labor and labor protection was also carried out.

Currently, the Federal Labor Inspectorate is a coherent system of state bodies of the Ministry of Labor and Social Development of the Russian Federation, exercising state supervision over the observance of labor legislation in all constituent entities of the Russian Federation. The head of the Federal Labor Inspectorate is the Chief State Labor Inspector of the Russian Federation, Deputy Minister of Labor and Social Development of the Russian Federation, Honored Lawyer of the Russian Federation, Vladimir Konstantinovich Varov. Under his direct supervision, the Department of State Supervision and Control over Compliance with Labor Legislation of the Ministry of Labor and Social Development of the Russian Federation operates, which in turn manages state labor inspectorates in all constituent entities of the Russian Federation. It should be especially noted that by virtue of Art. 6 of the Labor Code of the Russian Federation, the principles and procedure for exercising state supervision and control over the observance of laws and other normative legal acts containing labor law norms, as well as the establishment of the system and powers of federal executive bodies exercising this supervision and control, belong to the exclusive competence of the Russian Federation. ...

The activities of federal labor inspectorates are carried out on the basis of the principles of respect, observance and protection of human and civil rights and freedoms, legality, objectivity, independence and transparency (Article 355 of the Labor Code of the Russian Federation).

The main tasks are: ensuring observance and protection of labor rights and freedoms of citizens, including the right to safe working conditions; ensuring that employers comply with labor laws and other regulatory legal acts containing labor law (Article 355 of the Labor Code of the Russian Federation).

In accordance with the tasks assigned to them, the bodies of the federal labor inspectorate have been given rather broad powers (Article 356 of the Labor Code of the Russian Federation).

At first This is the conduct by state labor inspectors of inspections, surveys, both of a planned nature, in order to prevent violations of the rights of citizens, and unscheduled inspections related to appeals and complaints from citizens. Moreover, the state labor inspector is obliged to consider the source of any complaint about shortcomings or violations of the provisions of laws and other normative legal acts containing labor law norms absolutely confidential (Article 358 of the Labor Code of the Russian Federation). To conduct an inspection, the state labor inspector has the right to freely visit organizations (employers - legal entities and individuals) of all organizational and legal forms and forms of ownership at any time of the day, provided there is a certificate of the established form. Has the right to request and receive free of charge from employers, executive authorities and local self-government documents, explanations, information necessary to perform supervisory and control functions (Article 357 of the Labor Code of the Russian Federation). These powers are supported by the legally established obligation of the employer to comply with laws and other regulatory legal acts containing labor law norms (paragraph 1 of part 2 of article 22 of the Labor Code of the Russian Federation).

With the adoption of the federal law "On the protection of the rights of legal entities and individual entrepreneurs during state supervision (control)" dated 08.08.01. No. 134-fz, a special procedure for organizing supervisory and control activities has been introduced in the federal labor inspectorate. In accordance with the requirements of federal law No. 134-fz, the decision of the head of the state labor inspectorate to send the state labor inspector for inspection is formalized by the order of the head or by the order of the deputy head, which the inspector must present to the employer or his representative.

The order (order), in accordance with the requirements of Law No. 134-fz, indicates:

Number and date of publication of the order (instruction),

The name of the state labor inspectorate,

Surname, name, patronymic of the state labor inspector who is entrusted with the inspection,

The name of the organization in which it is supposed to carry out control and supervisory measures,

The goals and objectives of the audit,

The grounds for the inspection (planned, unscheduled), the date of the beginning and end of the inspection, the period for verifying the fulfillment of the order.

The inspection can only be carried out by the state labor inspector who is entrusted with this by the order (decree) on the direction for inspection.

Secondly is the implementation of supervision and control over the observance of the established procedure for investigating accidents at work.

Regulations on the procedure for investigating and recording accidents at work, approved by the Decree of the Government of the Russian Federation of 03/11/1999. No. 279, applies to all organizations, regardless of organizational and legal forms (including those involved in entrepreneurial activity without the formation of a legal entity - unincorporated business) and forms of ownership.

In connection with the importance of this Regulation, both for employees and for employers, let us dwell in more detail on the issues that it regulates.

In accordance with the said Regulation, accidents are subject to investigation and registration:

With employees performing work under an employment contract,

With students of educational institutions of higher and secondary vocational education, students of general education and vocational educational institutions undergoing industrial practice in organizations,

With persons sentenced to imprisonment and involved in labor by the administration of correctional institutions,

With other persons participating in the production activities of an organization or an individual entrepreneur (I draw the attention of readers that “other persons” also mean persons working under civil contracts - work contracts, paid services, etc.)

The following are investigated and recorded as industrial accidents:

Injury, including that caused by another person;

Heatstroke; burn; frostbite;

Drowning;

Electric shock, lightning, radiation;

Animal bites and injuries;

Damage resulting from explosions, accidents, destruction of buildings, structures and structures;

Natural disasters and other emergencies,

subject to the following conditions:

1. if they entailed the need to transfer the employee to another job, temporary or permanent disability of the employee, or the death of the employee,

2. if they happened:

During working hours (including when working with deviations from the normal length of the working week), during breaks, preparation and cleaning before and after the end of work, both on the territory of the organization and outside it;

When traveling to the place of work or from work on the employer's transport, either personal, in the case of using it in the interests of the employer at his order, or in accordance with the employment contract,

When going to the place of business trip and back,

When traveling in a vehicle as a replacement during an inter-shift rest,

When working on a rotational basis, during inter-shift rest,

When attracting an employee in accordance with the established procedure to participate in the elimination of the consequences of a catastrophe, accident and other emergencies,

When taking actions that are not part of the employee's job duties, but committed in the interests of the employer, or aimed at preventing an accident or accident.

The employer's responsibilities in the event of an industrial accident include:

First, take measures to provide first aid to the victim, deliver him to medical institution, preventing the development emergency, preserving the scene of the incident in the form in which it was at the time of the incident until the start of the investigation;

secondly, immediately inform the relatives of the victim and the relevant authorities and organizations about the accident. Within a day, the employer must send appropriate messages to the state labor inspectorate, the prosecutor's office, the executive authority, the insurer on compulsory social insurance against industrial accidents, etc. administrative responsibility... A fine in the amount of 5 to 10 minimum wages for an individual and from 50 to minimum wages for a legal entity may be imposed by the state labor inspector,

thirdly, to ensure the timely investigation of the accident and its registration.

In addition to the above, the Regulations also regulate the investigation procedure (group accidents - 2 or more people, serious ones - classified as such in accordance with the Scheme for determining the severity of accidents at work, approved by Order of the Ministry of Health of the Russian Federation of August 17, 1999 No. 322, fatal, - under investigation with mandatory participation state labor inspector) and registration of materials for investigation of accidents at work and their registration.

For each industrial accident subject to investigation and actually investigated in accordance with the procedure established by the Regulations, either an industrial accident report (in form the case with production is not established). Materials of investigation of serious, group and fatal cases at work are sent to the territorial bodies of the prosecutor's office to resolve the issue of initiating a criminal case under Article 143 of the Criminal Code of the Russian Federation.

Thirdly, the state labor inspector, upon discovering violations of labor legislation, makes prescriptions for their mandatory elimination. By virtue of Art. 22 of the Labor Code of the Russian Federation, the fulfillment of the requirements of the prescription is legally fixed duty employer. Here are examples of typical violations committed by officials of enterprises and organizations (including employees of personnel services) and identified as a result of inspections carried out by state labor inspectors.

The main problem at present is the lack of local regulations in organizations and individual entrepreneurs, which are the main source of labor law in relation to a particular organization. The legislation provides the employer with great freedom in determining the ways and methods of carrying out his statutory economic activities. This also applies to labor law.

The employer himself determines the number of employees required for the activities of the organization, the procedure for hiring and dismissing employees, the mode of operation of his organization (the beginning and end of work shifts, shift schedules, the procedure for recording working hours, rest time - from breaks for heating and meals to a vacation schedule) , the procedure for the application of incentives and penalties, the procedure for remuneration of labor, including those that interest the employee in the results of labor. All these issues should be regulated by local regulations of the employer: internal labor regulations (Articles 189, 190 of the Labor Code of the Russian Federation), regulations on remuneration (Article 135 of the Labor Code of the Russian Federation), etc. Of course, all local regulations must be developed and adopted taking into account the requirements of Article 8 of the Labor Code of the Russian Federation, which provides that local regulations that worsen the situation of employees in comparison with the legislation, as well as those adopted without taking into account the reasoned opinion of the representative body of employees, are invalid.

In practice, there is either the absence of local acts as such, or they contain provisions that worsen the position of workers in comparison with the legislation.

Many violations are associated with the registration of labor relations.

For example, in many institutions, employment contracts with employees hired after 02/01/2002 have not yet been drawn up in accordance with the requirements of Art. 67 of the Labor Code of the Russian Federation, namely, in writing and in duplicate. The employers did not take measures to fulfill the requirements of this article in relation to those employees who were hired earlier: employees were not asked in writing to formalize labor relations in accordance with the requirements of Article 67 of the Labor Code of the Russian Federation.

The requirements of Art. 66 of the Labor Code of the Russian Federation, expressed in the fact that the procedure for maintaining and storing work books established by the decree of the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of the USSR and the All-Union Central Council of Trade Unions of 09.06.73 No. 656 "On work books of workers and employees" and the Instruction on the procedure for maintaining work books is not observed. Employee hiring records are not made, work books they are not stored in the safe, as required by the instruction, there are no accounting journals and the movement of work books, work books are not issued to employees on the day of dismissal, etc.

The specified normative acts (Resolution and Instruction) continue to operate in the part that does not contradict the Labor Code of the Russian Federation. In particular, with the entry into force of the Labor Code of the Russian Federation, employers - individuals they are deprived of the right to make entries in the work books of employees, as well as to draw up work books for employees who are hired for the first time (Articles 66 and 309 of the Labor Code of the Russian Federation). A document confirming work for an entrepreneur without forming a legal entity is a written employment contract registered with a local government (Articles 303, 309 of the Labor Code of the Russian Federation)

A large number of violations are revealed in connection with the unjustified conclusion of fixed-term employment contracts in the absence of circumstances precluding the possibility of concluding employment contracts for an indefinite period.

This type of labor law violation became very widespread under the guise of "labor contracts". With the adoption of the new Labor Code of the Russian Federation, the possibility of concluding fixed-term employment contracts is regulated quite clearly, however, one must not forget that the grounds that served as the reasons for concluding a fixed-term employment contract must be reflected in the text of the employment contract (part 5 of article 57 of the Labor Code of the Russian Federation), since this essential conditions labor contract.

For example, part 14 of Art. 59 of the Labor Code of the Russian Federation provides for the possibility of concluding urgent labor contracts with creative workers of the media, theater and entertainment, film, television, video filming organizations, circuses, etc., as well as professional athletes. The list of professions related to creative in these organizations is currently being developed and will, in accordance with the law, be approved by the Government of the Russian Federation. This, firstly, means that prior to the approval of such lists, fixed-term employment contracts cannot be concluded on the indicated basis, and, secondly, that even after the approval of such lists, fixed-term employment contracts cannot be concluded with persons entering creative organizations to work. not related to creative (drivers, accountants, cleaners, etc.).

A fixed-term employment contract concluded without sufficient, established by Art. 59 of the Labor Code of the Russian Federation of the grounds, is recognized as imprisoned for an indefinite period. Such a decision can be made by the state labor inspector or by the court.

A typical violation associated with the work of personnel services is the untimely familiarization of employees with orders for employment (Article 68 of the Labor Code of the Russian Federation), on bringing to disciplinary responsibility (Article 193 of the Labor Code of the Russian Federation). The law allows only 3 days for this. The fact that individual units can be located far enough from personnel service, is not a valid reason for non-compliance with the specified requirements of the law, and non-compliance with this procedure, for example, in the case of disciplinary proceedings, entails the cancellation of the disciplinary sanction.

Currently, many problems arise due to the fact that instead of employment contracts with employees contracts of a civil nature are concluded... It must be remembered that labor relations are characterized primarily by the labor function, that is, work in a certain specialty, qualification or position, while civil law relations are characterized by the performance of a certain amount of work or the provision of certain services. Hallmark labor relations on the part of the employee is subordination to the internal labor regulations of the enterprise, and on the part of the employer - ensuring working conditions, including safe ones.

In addition, state labor inspectors have the right to suspend the work of individual units in cases where violations of labor protection requirements are revealed that may pose a threat to the life and health of employees, until the indicated violations are eliminated; to remove from work persons who have not undergone training in safe methods and techniques of work, instruction on labor protection, training at workplaces and testing knowledge of labor protection requirements in the prescribed manner; issue permits for construction, reconstruction and technical re-equipment of production facilities, etc.

Fourth, this is bringing those responsible for violations of labor legislation to the established, in accordance with federal laws, responsibility. New Labor Code, in Art. 419, defines the types of liability for violation of labor laws. Responsibility for violations of labor legislation is provided for:

Criminal (Articles 143, 145, 145-1 of the Criminal Code of the Russian Federation),

Administrative (in accordance with the new Code of the Russian Federation on Administrative Violations, which entered into force on July 1, 2002, which provides for liability for violations of labor legislation in several compositions and establishes the powers of state labor inspectors when applying administrative liability),

Disciplinary (the Labor Code of the Russian Federation provides for such a type of disciplinary liability as dismissal at the initiative of the employer under subparagraphs "d", clause 6 of Article 81 of the Labor Code of the Russian Federation for violation of labor protection requirements by an employee, if this entailed grave consequences),

Material (from the point of view of the supervisory and control function of the state labor inspectorate, this is, first of all, the responsibility of the employer to the employee - for illegal deprivation opportunities to work, for late payment of wages, etc.)

The employer's obligation to timely pay fines imposed for violations of labor legislation is also provided for by Article 22 of the Labor Code of the Russian Federation.

It should be noted that the law, having given the state labor inspectors great powers, entrusted them with a number of duties. When carrying out supervisory and control activities, the inspector is obliged to comply with the Constitution of the Russian Federation, legislative and other regulations containing labor law, as well as the Regulations on the Federal Labor Inspection, which regulate the activities of the inspectorate. Particularly highlighted is such a duty of the state labor inspector as the duty to keep a secret protected by law (state, official, commercial and other), which became known to him in the exercise of his powers (Article 358 of the Labor Code of the Russian Federation). In practice, it looks like the inspector has the right (Article 357 of the Labor Code of the Russian Federation) to require various documents for inspection, from which one can judge the observance of labor legislation in the audited organization. This can be, for example, bank transactions. The subject of control in this case can be intended use budget funds, aimed at paying off debts or paying wages, as well as financing measures for labor protection (Article 226 of the Labor Code of the Russian Federation). In addition, these are payrolls for the payment of wages, payment cards, contracts of a civil law nature, since there are often cases of incorrect qualification of an employment contract as a civil law contract, contracts on full material responsibility etc. Such information can be classified as a commercial secret (in accordance with local regulations), but the inspector has statutory law access to such a secret, but is obliged to maintain the confidentiality of the information received.

The actions of the state labor inspector, like any official, can be appealed. A complaint against the inspector's actions can be directed either to the head of the inspection, or to a higher organization, or to the court.

In Art. 104 of the Fundamentals of Labor Legislation states: “Supervision and control over the observance of labor legislation and labor protection rules is carried out by:

specially authorized state bodies and inspectorates, independent in their activities from the administration of enterprises, institutions, organizations and their higher authorities;

trade unions, as well as the technical and legal labor inspectorates under their jurisdiction - in accordance with the provisions on these inspections approved by the Central Committee of the trade unions ...

3) ministries and departments carry out intradepartmental control over the observance of labor legislation in relation to enterprises, institutions and organizations subordinate to them.

Supreme supervision for the exact implementation of labor laws by all ministries and departments, enterprises, institutions and organizations and their officials is entrusted to Prosecutor General of Ukraine».

The bodies of state control and supervision include the following:

State Committee for Supervision of safe management works in industry and mining supervision under the Cabinet of Ministers (Gosgortekhnadzor) carries out: supervision over the observance of the rules for the manufacture and operation of steam and hot water boilers, pressure vessels, pipelines for hot water and steam, lifting structures (cranes, elevators, etc.) ); control over the order of training, certification and admission of personnel to the maintenance of these facilities, as well as over the conduct of a periodic examination of knowledge; consideration of all new rules and norms of labor protection, as well as making additions to the existing rules and norms related to the introduction of new equipment, technology or new methods of work.

The State Committee for Supervision over the Safe Conduct of Work in the Nuclear Energy Industry (Gosatomnadzor) is a labor protection committee acting like Gosgortekhnadzor within the limits of its functions under the Cabinet of Ministers.

The State Inspectorate for Energy Supervision (Gosenergonadzor) oversees the implementation of measures to ensure safe service electrical and heat-using installations, for the observance by all energy consumers of the current rules for the design of electrical installations and safety rules during their technical operation, as well as for the rational use of electrical and thermal energy in all sectors of the national economy.

State sanitary supervision (Gossannadzor) supervises the observance of hygienic and sanitary-anti-epidemic norms and rules by enterprises. Its main task is to control the implementation of measures aimed at eliminating and preventing pollution of the external environment with harmful industrial emissions, household waste; for the improvement of working conditions, as well as for the organization and implementation of measures to prevent morbidity.

State Fire Supervision (Gospozhnadzor is now part of the Ministry of Emergency Situations), controls the conduct fire prevention measures at all production facilities, in residential and public buildings; detects and suppresses violations of current rules, as well as develops or coordinates fire regulations, rules, technical conditions for designed and reconstructed objects for various purposes.

The Maritime Register and the River Register of Ukraine, being the bodies of state technical supervision over the safety of human life on the water, in the published Rules establish technical requirements for ships, as well as for materials and products intended for the construction and repair of ships and their equipment. Compliance with the Rules and additional requirements is the responsibility of design organizations, shipowners, shipyards, as well as enterprises that manufacture materials and products subject to the Register's supervision. The Register establishes technical requirements that ensure the conditions for safe navigation of ships, protection of human life and reliable transportation of goods.

Supervision and control is also exercised by trade unions, which include technical and legal labor inspectorates.

Legal Labor Inspectorate monitors the observance by the administration of enterprises, institutions and organizations of labor legislation. (Such inspections are created in republican, territorial, regional, and in the central committees of trade unions.

Technical inspection works in close contact with the legal labor inspectorate, the bodies of Gosgortekhnadzor, Gosenergonadzor, State Sanitary Inspection and other bodies of state supervision.

Technical Labor Inspector:

Carry out supervision and control over the compliance with safety requirements and industrial sanitation of technological processes, production facilities, equipment, etc .;

In the presence of the administration, they conduct a survey of controlled enterprises, workshops;

Issue obligatory instructions to the administrations of enterprises to eliminate the identified violations;

They put before the relevant trade union bodies the question of suspending the work of certain workshops and enterprises that do not meet the labor safety requirements;

They monitor the correctness of the application of the Regulation on the investigation and registration of accidents at work, etc.

Public control the state of labor protection at enterprises is monitored by trade union committees, which create a labor protection commission headed by one of the members of the trade union committee. This commission monitors the administration's compliance with legislation and labor protection requirements at each workplace, participates in the development of a labor protection action plan and verifies its implementation.

Public inspector for labor protection elected in each professional group. He is obliged to: monitor compliance with labor laws at his production site; monitor the condition of the tool and equipment, ensure that workers are provided with overalls and personal protective equipment; participate in the investigation of accidents. All these duties are performed by the public inspector in the order of public work.

Properly organized three-stage labor safety control... This control is carried out by the administration together with the trade union organization to identify and eliminate violations of rules, norms and standards for labor safety, shortcomings in ensuring safe and healthy working conditions at workplaces and production areas, with sanitary, household and medical and preventive services for workers. General guidance on the organization of three-stage control is carried out by the chief engineer of the enterprise and the chairman of the trade union committee.

The first stage of control provides a daily check of the working conditions at workplaces by a foreman and a public inspector before starting work. The identified violations are immediately eliminated, and if it takes a certain amount of time, a record is made in the three-stage control log, which is kept by the foreman in the shop, indicating the deadlines for eliminating the comments and those responsible for this. Labor safety checks on the ship under construction are carried out by the builder on a daily basis; all noticed shortcomings are recorded in a special journal.

When conducting a survey at the level of the first stage of control, special attention is paid to the following points: the state of workplaces and the correctness of their organization (illumination, location of tools, devices, etc.); implementation of measures to eliminate violations identified by the previous inspection; safety of technological equipment, lifting and transport vehicles; compliance with electrical safety rules when working with a power tool; serviceability of the supply and exhaust ventilation, local suction, dust and gas collection devices; observance by workers of labor protection instructions.

The revealed violations must be eliminated immediately under the supervision of the site manager. In the event of a gross violation that may harm the health of workers or lead to an accident, work is suspended until the violation is eliminated. The foreman and the public inspector for labor protection are obliged to inform their teams about the violations revealed as a result of the inspection at the first stage of control, and about the measures taken.

The second stage of control provides inspection of the state of working conditions in all sections of the workshop at least twice a month (as a rule, weekly), as well as in the areas of work on ships under construction to check the implementation of measures outlined according to the results of the previous control of the second and first stages. The survey is carried out by the head, mechanic, power engineer of the shop, the senior public inspector for labor protection of the shop committee of the trade union, as well as the engineer of the labor protection department. The identified shortcomings are recorded in the shop log of three-stage control, indicating the timing of their elimination and the responsible persons.

During the inspection at the second stage, the members of the commission pay special attention to the fulfillment of the orders of the regulatory authorities (Gosgortekhnadzor, Gosenergonadzor, Gossannadzor, Gospozhnadzor, Gosatomnadzor, technical labor inspection), as well as the measures provided for by the collective agreement and comprehensive plans to improve working conditions; for serviceability of equipment, tools, fixtures, transport and lifting equipment, safety devices, etc.

The third stage of control is carried out a commission headed by the head or chief engineer of the enterprise and the chairman of the trade union committee at least once a quarter (as a rule, once a month).

The commission includes the deputy chief engineer for labor protection, the chairman of the labor protection commission of the trade union committee, heads of technical services (by affiliation), the head of technical supervision of buildings and structures, the head of the fire department, and the sanitary doctor. It is recommended to involve freelance technical labor inspectors in supervision. The check is carried out in the presence of the head and the senior public safety inspector of the audited unit.

The annual control schedule is made in such a way that each workshop is inspected at least four times during the year, and workshops with increased danger and unfavorable in terms of labor safety - at least six times. This schedule, coordinated with the trade union committee and approved by the head of the enterprise, is issued to the heads of all shops and technical services, as well as to the shop committees of the trade union.

At the third stage of control, the commission checks:

Timeliness and correctness of the first and second stages of control and the implementation of previously planned measures to eliminate the identified deficiencies;

Fulfillment of orders and orders of higher economic organizations, decisions and decisions of trade union bodies, orders and instructions of supervision and control bodies, orders of the head of the enterprise and decisions of the trade union committee on labor protection issues;

Implementation of activities provided for by comprehensive plans, collective agreements, labor protection agreements and other documents;

Organization of the implementation of labor safety standards;

Compliance of technological, lifting, transport, power and other equipment with the requirements of labor safety standards and other regulatory and technical documentation on labor protection;

Compliance with the established regime of work and rest, labor discipline.

The results of the check, reflected in the act, are discussed within a week at meetings with the head of the enterprise with the participation of the trade union activists and all heads of workshops and sections. The meeting is drawn up in a protocol indicating measures to eliminate the identified deficiencies and violations, deadlines and responsible persons. V necessary cases the head of the enterprise issues an order.