Obligations of the employer to ensure safe working conditions. Labor Code of the Russian Federation, Article 212

Each manager must provide his employees with a safe working environment. The Labor Code contains standards in accordance with which instructions are developed for employees. Their implementation guarantees the formation of an optimal environment and the protection of the health and life of staff. Let us further consider the responsibilities of the employee and the employer in the field of OS.

Normative base

Art. 212 of the Labor Code of the Russian Federation contains the basic requirements governing the activities of the leader in the field of health and safety. These provisions are supplemented by Articles 222, 221 and 213. Safe working conditions at the enterprise are also formed in accordance with other regulatory enactments relating to OS.

General Provisions

According to Art. 212 of the Labor Code of the Russian Federation, the employer must ensure the safety of the health and life of employees when:

1. Operation of structures, buildings, equipment.
2. The implementation of technological processes.
3. The use of materials, tools and raw materials.

When drafting construction and reconstruction projects, the requirements for safe working conditions must be met. The same requirement must be implemented with respect to materials, raw materials, tools, technological processes, mechanisms, machines and other equipment.

Remedies

The obligations of the employer to ensure safe working conditions include equipping workshops and other premises with collective and individual devices. At the same time, employees should be able to use protective equipment. These devices must be certified according to the rules of the PPE, established by the Resolution of the State Standard. At his own expense, the manager purchases special shoes, overalls, and other personal protective equipment that neutralize and wash off products for employees who work in hazardous or hazardous industries, as well as in activities carried out in special temperature conditions or related to pollution.

Work environment

Creating safe working conditions at the places of professional activity of employees is one of the main tasks of the head. This requirement applies solely to the situation in the organization. The manager is not responsible for the violation of safety regulations by an employee who carries out activities at home or in other places. However, he must control the situation where the employee will be sent to perform assigned tasks. It is the employer's responsibility to provide safe working conditions to inform the employee, who, for example, is sent on a business trip to a nuclear power plant, about the presence of dangerous and harmful factors.

Schedule

The mode of rest and work is established in accordance with the legislation and other regulatory acts relating to the sphere of occupational health. According to the provisions of Articles 109 and 92, in certain industries, employees are provided with special paid breaks during the day. In some cases, a shorter working day is provided . The duration of the break for heating and rest, according to Art. 108 TC, should be no more than two hours and not less than 30 minutes.

Briefings

The main responsibilities of the employer in the field of OT include conducting training sessions with staff. The manager can instruct the staff personally or appoint a special position. In the training sessions, employees should familiarize themselves with the rules of conduct at the facility during normal times and in the event of an accident, and methods of providing assistance to victims of emergency situations. At the end of the briefing, a check on knowledge of labor protection should be carried out. It can be done in the form of a survey or practical exercises. Testing of knowledge on labor protection reflects the level of preparedness of employees for various situations that may arise in the course of their activities. Employees who have not been instructed are not allowed to their places. The manager or authorized persons must monitor the observance of safety during the process.

Medical examinations

The obligation of the employer to ensure safe working conditions includes a provision on the organization of professional examinations. Upon admission to the organization, employees undergo a preliminary examination. In the course of their activities, periodic medical examinations are organized. Depending on the type of activity, in cases established by law, compulsory psychiatric examinations can also be carried out at the request of employees in accordance with medical recommendations with the preservation of the position and average earnings. Employees who have not undergone examinations or who have health contraindications should not be allowed to work.

Safe conditions and labor protection: informing employees and authorized organizations

Employees must be familiarized with local acts in the field of OT under signature. The head of the organization must provide the federal executive bodies involved in the development of state policy and legal regulation in the field of labor protection, authorized to supervise the implementation of industry laws and other provisions related to the field in question, trade union control bodies with the documents and information that are necessary authorities to carry out their functions. Along with this, authorized persons must have unhindered access to the organization in case of inspections.

Emergency situations

A breach of industrial safety can lead to an emergency. In the event of an accident, the head must notify the authorized authorities, conduct an internal investigation and identify the perpetrators. A breach of safety at the site involves disciplinary action. The manager must keep records of accidents in the organization and provide the necessary information in a timely manner to authorized services upon request. It is the employer's responsibility to ensure a safe working environment includes taking the necessary measures to prevent an emergency, to preserve the health and life of employees when they occur.

Additionally

Art. 212 of the Labor Code of the Russian Federation prescribes the provision of social insurance for employees against accidents and occupational diseases. The development and approval of instructions should be carried out taking into account the opinion of the body authorized by the employees (elective group from the primary trade union). At the places of the direct implementation of the professional activities of employees, in workshops and other premises of the organization, there should be posters on health and safety. Along with this, it is necessary to use the established symbols for safety rules. All employees of the organization must understand and understand them. Symbols for safety rules are studied during briefings.

Recommendations

The head must monitor the implementation by employees of the requirements contained in the job descriptions. The latter provide specific responsibilities for workers and officials in the field of OS. The Recommendations establish provisions directly related to the leaders themselves.

Paragraph 2.1 of the Recommendations

In accordance with it, the head must ensure:

1. In structural divisions and in the field, the implementation of regulatory and legislative acts on environmental protection, government decrees and instructions of the Ministry of Labor and Social Development, state supervision and control bodies, and expert organizations.
2. The safe operation of structures, technical devices, the implementation of production and technological processes, the use of materials and raw materials.
3. Organization and carrying out certification of objects and certification of places.
4. Unhindered admission of representatives of state supervision and control bodies, state examination of working conditions to carry out inspections, investigations of state of emergency at work, clarification of the causes of occupational diseases.
5. The optimal schedule of activities and rest of employees in accordance with applicable law and industry regulations.
6. Compensation for damage caused by an employee with occupational diseases, injury or other health damage associated with the performance of their duties.
7. Timely payment of fines and other penalties imposed by the bodies of state control and supervision for failure to comply with the requirements of the legislation in the field of occupational health, regulatory acts on safety and hygiene.
8. Effective control over the level of influence of dangerous or harmful factors on the health of personnel.
9. Providing the authorities with supervision, management, control of the requested information on the state of working conditions in the organization, compliance with the requirements, as well as about all accidents, injuries and illnesses of employees to be recorded.

According to paragraph 2.1 of the Recommendations, the head also:

1. Introduces duties on the provision of occupational safety in the job descriptions of deputies, heads of departments, as well as specialists, or approves them by a separate order.
2. Provides guidance on the OT service in the organization.
3. It holds accountable, according to the law, persons who have neglected while ensuring safe conditions in subordinate structural units, have not taken measures to comply with the requirements, comply with state standards and norms, have allowed accidents, accidents or occupational morbidity.
4. Organizes the development and allocates financial resources for the implementation of measures in the field of health and safety.

Certification of places

This procedure should be carried out in accordance with the Regulation on the Resolution approved by the Ministry of Labor. According to paragraph 2.2, to perform the certification, the head of the organization issues an order to appoint a commission. The structure of this body should include specialists from the labor protection and labor organization services, wages, chief specialists, heads of departments, doctors, representatives of trade unions, authorized (trusted) persons of the team. According to paragraph 3.1.1 of the Regulation, during the certification of places, all factors that are hazardous or harmful to health are subject to assessment. Biological, physical, chemical conditions, tension and severity of labor are analyzed. The Commission also checks the availability and availability of collective and personal protective equipment. Certification is carried out at all places available at the factory.

Evaluation results

According to paragraph 5.4 of the Regulation, certification documents serve as the basis for the formation of a database of existing conditions in the enterprise. The results of the evaluation should be brought to the attention of all personnel of the organization. Storage of certification documents is carried out at the enterprise. Papers are acts of strict reporting.

Commission Objectives

The certification committee evaluates:

1. Safety locations.
2. PPE functionality.
3. The actual state of the production environment.

The commission also:

1. Establishes the level of tension and severity of professional activity.
2. Assesses the safety of places with class definition.
3. Develops and makes suggestions for improving the environment.
4. Determines the organization’s willingness to undergo certification for compliance with established safety and health requirements.

Documentation

According to clause 4.2 of the Regulation, the results of the commission's activities are documented in a special protocol. Attached to it:

1. Sheets for jobs and the results of their certification.
2. Rating Cards.
3. Consolidated statement of safety places in the organization.
4. Plan of measures envisaged for the improvement and improvement of the environment.

The certification card should be compiled for each workplace or group of them in the performance of activities similar in nature.

Classification

Analysis of the degree of danger and harmfulness is carried out according to the Guide 2.2.2006-05 by comparing the information obtained when measuring indicators with established hygiene standards. According to the results, the class of conditions for the workplace or their group is determined:

1. First. This class is assigned to places with optimal working conditions. They should be understood as an environment in which the tools used and the equipment in use fully comply with standards and norms, ready-to-use protective equipment is available, coaching and training of employees is carried out.
2. Second. This class is established for permissible working conditions. In this case, the defects and damage to the protective equipment identified during the assessment do not affect their functionality.
3. Third. This class is assigned to hazardous working conditions. During certification, the absence of protective equipment was found or they are faulty; there are no necessary instructions for employees; employees are not trained.

Certified is a place where no harmful or dangerous factors have been detected (or their contents are within the limits), the safety and health requirements have been complied with.

Using Results

The information obtained during the assessment is used for:

1. Planning and implementation of OSH measures in accordance with applicable law.
2. Certification of a production facility for compliance with established standards.
3. Justification for the payment of compensation and the provision of benefits to employees who are engaged in heavy or harmful (dangerous) activities, in the manner prescribed by law.
4. Establishing a connection between the incidence of the disease and the performance of professional duties, establishing a diagnosis.
5. Settlement of disputes and disagreements in court.
6. Consideration of the issue related to the suspension (termination) of the activities of the structural unit, workshop, site, equipment, technology changes that pose a direct threat to the condition of the staff.
7. Entry into the labor agreement (contract) of working conditions.
8. Familiarization of employees with the factors that occur in the organization.
9. Formation of statistical reporting on the state of labor conditions, on benefits and compensations paid to employees operating in a harmful (dangerous) environment, according to f No. 1-T.
10. Applying appropriate sanctions (administrative and economic measures) to perpetrators who do not comply with safety and health requirements.

Annexes to the Regulation

Additional documentation provides:

• List of basic standards for occupational safety, sanitary standards used in the certification of places.
• Score card form.
• Safety Certification Protocol.
• List of places and evaluation results.
• Protocol for checking the availability of PPE.
• Occupational safety classification of work conditions .
• The protocol of certification of places according to labor conditions.

Supervisory authorities

The function of state supervision is assigned to the labor examination bodies. The letter of the Chief Sanitary Doctor addressed the issue of issuing sanitary and epidemiological sentences for certification of places in medical organizations for a fee. Certification is carried out by accredited authorities. The objects are the work on environmental protection carried out in organizations, regardless of their form of ownership and the legal system of management. Failure to comply with health and safety regulations entails administrative and disciplinary measures. Employees have the right to apply to the labor inspectorate to protect their interests. Employees may also suspend operations if there is a threat to their health or life.

Certification

The authorized bodies assess the working conditions in the field in accordance with the following criteria:

1. The level of danger and harmfulness.
2. The degree of safety.
3. The presence of PPE and their effectiveness.

According to paragraph 27 of the Regulation governing the certification of work on occupational safety, the Decree of the Ministry of Labor, the results of the analysis and assessment of compliance with the established standards and regulations make it possible to decide on the refusal or issuance of an organization’s permitting document. If the actual indicators of harmful and dangerous factors are higher than the established standards by the above three criteria, the environment is considered threatening the life and health of employees. A place assigned to the second class is recognized as conditionally certified. The Commission makes proposals regarding the harmonization of conditions with established standards. When classifying a place in the third class, it is considered not certified. In this regard, it should be re-equipped or liquidated.

Medical examination

According to Art. 213 TC, for a number of categories of employees medical examinations are provided. They must go through people engaged in harmful, underground work, as well as in activities related to traffic. , . , . , , , -, , . . , , , . , , .