Surely, each person came across the concept of the basic principles of ensuring labor protection. It has always been very important. After all, this concept is related to the provision of safe working conditions for people working in certain industries. And now it’s worth considering it in a little more detail.
Key Terms
Before proceeding to the study of the basic principles of ensuring labor protection, it is worthwhile to define several concepts that are directly related to them. And it’s worth starting with the main thing.
What is labor safety? This is a socially significant activity. It is aimed at ensuring labor safety, as well as at maintaining the health of employees at a time when they are fulfilling their duties. This is the purpose of this discipline, and it is enshrined in the Labor Code of the Russian Federation by legislation.
The principle of its achievement is the consistency and universality of various events of all kinds, which are divided into:
- Socio-economic.
- Legal.
- Hygienic.
- Organizational and technical.
- Rehabilitation.
- Medical and preventive.
Talking about the basic principles of ensuring labor protection, one cannot but notice the social essence of this discipline. It consists in maintaining the working capacity and health of the economically active population, and at the maximum level. This also includes providing social protection to those people who have been injured in the workplace, as well as to their families.
If we talk about the economic essence, then it is manifested in minimizing the loss of society in the implementation of production activities. In this case, the struggle is with professional morbidity and injuries.
Principle No. 1
It has already been noted a little higher. The basic principle of ensuring labor protection is the prevention of occupational morbidity and injuries. It is to achieve this goal that all measures provided by the discipline are directed.
The implementation method consists in the organization of preventive measures and their subsequent implementation in production. Also, there is a prevention of injuries and morbidity.
Principle No. 2
It is no less fundamental. The second basic principle of ensuring safety and labor protection is the readiness to protect those employees who, unfortunately, have already suffered. It takes place for a simple reason. After all, providing absolute security is simply unrealistic.
This principle is implemented through the well-known system of compulsory social insurance. It will not protect a person from occupational illness or injury, but the money put to the victim will help to get on their feet faster, return life to better quality.
To implement this basic principle of ensuring safety and labor protection, a whole range of measures has been developed whose task is to minimize the consequences of the manifestation of the so-called occupational risks.
They manifest themselves in the form of social protection provided to specialists working in adverse conditions, as well as to those who suffered because of dangers that could not be prevented.
Event Details
It is worth talking about them in the continuation of the topic concerning the second principle discussed above. The activities aimed at its implementation include:
- Compensation for dangerous, harmful and difficult conditions in which you have to work.
- Compensation for damage by the person through whose fault he was caused.
- Rehabilitation of disability, return to a specialist of the former quality of life.
- Accident and occupational health insurance.
Considering briefly the basic principles of ensuring labor protection, it is also important to make a reservation that in accordance with Article 219 of the Labor Code of the Russian Federation, every specialist whose activity involves working in dangerous, difficult or harmful conditions has the right to receive compensation.
Payments may also be additional or increased. Their size and procedure for admission is established either by a local regulatory act or by a collective agreement, with the obligatory consideration of the economic situation of the employer.
However, when speaking about the normative provision of labor protection, it is necessary to make a reservation: if, as a result of an assessment of the conditions in which the specialists are located, they were able to confirm their safety, then they are not entitled to compensation.
Financial provision
This topic should also be given a little attention, since the principles of ensuring labor safety and security are discussed.
In accordance with applicable law, all of these activities are funded by the employer. This should take at least 0.2% of the amount spent on the production of delivered products (whether services or goods).
The only exceptions are federal institutions and state-owned enterprises.
Financing of these activities at the expense of state, local, regional budgets, as well as from other sources, is carried out in the manner prescribed by law and other regulatory acts of the Russian Federation.
Costs
If we talk about the means that go towards providing normal working conditions, providing treatment for occupational diseases, etc., then this moment is regulated by the 25th chapter of the Tax Code. In this case, the funds are withdrawn from the tax base.
The main areas of expenses include:
- Improving the technologies used in production.
- Replacement of equipment and other technological measures.
- Material support of hygiene and safety (in particular, the acquisition of personal and collective protective equipment).
- Vocational training of workers.
- Compensation for injuries.
Employer Responsibilities
Such an important aspect deserves special attention. Article 212 of the Labor Code of the Russian Federation describes in detail responsibilities for ensuring labor protection. This is what the employer is responsible for:
- The safety of employees during the operation of equipment, buildings, tools, raw materials, etc.
- Informing employees about risks and guarantees.
- Creation and proper functioning of the notorious OSH management system.
- The provision of collective and individual protection.
- Conditions that meet the requirements of labor protection in absolutely every workplace.
- The issuance of special shoes, clothing, disinfectants, etc.
- Normalized mode of work and rest.
- Training in the safest techniques and methods of work.
- Developing first aid skills for employees.
- Medical, domestic and sanitary services for workers.
- Permanent control exercised over working conditions and over how workers use protective equipment and all of the above.
- Conducting medical examinations and examinations.
- Submission to authorized bodies of information requested by them about production, working conditions, employees, etc.
- Liquidation of emergency situations, prevention of consequences.
- Investigation and recording of incidents of emergency.
Of course, the employer's responsibilities for ensuring labor protection also include employee insurance, the development and further approval of rules and instructions, and much more.
What should an employee do?
This is a very topical issue. Obligations of the employee to ensure labor protection also exist. They are listed in the 214th article of the Labor Code of the Russian Federation. This law obliges every person working in production to comply with labor protection requirements.
After studying the article, you can understand how the employee should fulfill his professional duties, so as not to harm either himself or his colleagues. In short, the following provisions apply to employees:
- Mandatory compliance with labor protection requirements.
- Passing training, which is aimed at mastering safe work practices.
- Mastering the skills of first aid.
- Briefing and internship.
- The use of the notorious means of collective and individual defense.
- Alerting managers of any situation that could threaten the health or life of employees.
- Passing medical examinations.
Yes, ensuring safe working conditions and labor protection rests entirely with the employer. But if the employee does not comply with all the requirements listed in Article 214, then he can be brought to disciplinary action.
Public administration
It is under him that the discipline in question is located. There is no way to do without normative legal regulation in the field of labor protection. This is what it is aimed at:
- The development of regulatory legal acts that determine the basis of public administration of discipline.
- Creation of federal targeted programs aimed at improving working conditions and labor protection.
- Setting the organization and subsequent training in this discipline.
- Development of incentive measures for employers aimed at providing better working conditions for people.
- Establishment of interaction of authorities with trade unions and other associations.
- Setting the procedure for the examination of working conditions.
- Coordination of research in this area.
- Organization of international cooperation in the field of labor protection.
And these are just some of the responsibilities. Executive authorities have a ton of other powers. And all their functional responsibilities for ensuring labor protection are aimed at improving working conditions for people. This is to generalize.
Guarantees from the state
And a few words should be said about them. The law says that the state guarantees to all people employed in some industries the protection of their right to work in decent, safe conditions.
That, of course, is not all. Those conditions stipulated by the concluded contract are required to comply with the requirements of labor protection.
If, for any reason, a situation arises in which a person cannot continue to fulfill his duties (for example, an emergency, or a potential danger in the workplace), then the employer should occupy him with something else. Until the former conditions are restored. If this is not possible, and a simple one arises, it is paid.
Labor protection service
The necessity of its creation is described in the 217th article of the Labor Code of the Russian Federation. The organization of this service is advisable, but not always required. If, for example, the company employs less than 50 people, then its creation is not necessary.
And the whole service can not be organized. It is enough to enter a position for an individual specialist in this field. However, often the duties of this person are carried out by the employer himself. Or periodically recruited specialists from an organization with appropriate accreditation.
If the decision is made to organize the service, the employer must determine the structure, taking into account the recommendations given by the federal executive body.
Factors determining working conditions
They should be briefly listed. Here are the most important aspects:
- The nature of the used industries and technological processes.
- The state of production assets.
- The level of technical excellence of equipment and tools used.
- The industry structure as a whole.
It is also extremely important to have a decent legislative framework that would ensure the stable functioning of the economy and the regulation of the activities of individual legal entities. One still cannot but mention personnel, information, and scientific support.
There are many other important factors. And it is very important that they all develop, since the labor protection system in Russia continues to be in a tense state.