Obligations of the employer to ensure safe working conditions. The Labor Code of the Russian Federation, Article 212
Each leader must provideemployees safe working conditions. The Labor Code contains the rules in accordance with which instructions for employees are developed. Their implementation guarantees the formation of an optimal environment and protection of the health and life of personnel. Let's consider further duties of the worker and the employer in the field of OT.
Art. 212 of the LC RF contains the basic regulations governing the activities of the head in the field of OT. These provisions are supplemented by articles 222, 221 and 213. Safe working conditions at the enterprise are also formed in accordance with other regulatory acts relating to RT.
According to Art. 212 of the LC RF, the employer must ensure the safety of the health and life of the employees when:
- The operation of structures, buildings, equipment.
- Implementation of technological processes.
- Use of materials, tools and raw materials.
When drawing up construction projects andThe requirements of safe working conditions must be fulfilled. This same prescription should be implemented with respect to materials, raw materials, tools, technological processes, mechanisms, machinery and other equipment.
The employer's duty to providesafe working conditions includes equipping the workshops and other premises with collective and individual adaptations. At the same time, employees should be able to use protective equipment. These devices must be certified according to PPE rules established by the Decree of the State Standard. At his own expense, the manager acquires special footwear, overalls and other PPE, detoxifying and washing off funds for employees who are engaged in dangerous or harmful industries, as well as in activities carried out in a special temperature or pollution regime.
Creating safe working conditions in the fieldprofessional activity of employees is one of the main tasks of the head. This instruction applies exclusively to the situation in the organization. The supervisor is not responsible for the violation of safety measures by an employee who performs activities at home or in other places. However, he must monitor the situation, where the employee will be sent to perform the tasks assigned. The employer's duty to ensure safe working conditions includes informing the employee, who, for example, goes on a business trip to the nuclear power plant, about the presence of dangerous and harmful factors.
The mode of rest and labor is established according tolegislation and other normative acts related to the scope of the OT. Under the provisions of Articles 109 and 92, special paid breaks are provided to employees during certain periods of time at certain production facilities. In some cases, a reduced 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.
In the main responsibilities of the employer in the field of HSEincludes conducting training sessions with staff. The head can instruct the staff in person or appoint a special post. In the training sessions, staff should familiarize themselves with the rules of conduct at the site at the usual time and in the event of an accident, by methods of providing assistance to those affected during an emergency. At the end of the briefing, the knowledge on occupational safety should be checked. It can be carried out in the form of a survey or practical exercises. The examination 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 into their seats. The supervisor or authorized persons should monitor compliance with safety during the process.
The employer's duty to provideSafe working conditions include a provision on the organization of medical examinations. Upon admission to the organization, employees undergo a preliminary examination. In the course of its activity periodic medical examinations are organized. Depending on the type of activity, in cases stipulated in the legislation, mandatory psychiatric examinations can also be conducted at the request of employees in accordance with medical recommendations with retention of the post and average earnings. Employees who have not been examined or have health contra-indications should not be allowed to work.
Safe conditions and labor protection: informing employees and authorized organizations
Employees should be familiar with localacts in the field of OT under the signature. The head of the organization should provide the executive federal bodies involved in the development of state policy and regulatory and legal regulation in the field of labor protection, authorized to oversee the implementation of the requirements of sectoral legislation and other provisions relating to the sphere in question, trade union control bodies documents and information that are needed to perform their functions. Together with this, authorized persons must have unimpeded access to the organization in the event of inspections.
Violation of industrial safety practicescan lead to PE. In the event of an accident, the head must inform the authorized bodies, conduct an internal investigation and identify the perpetrators. The violation of safety at the facility involves imposition of disciplinary measures. The head must keep a record of accidents in the organization and timely provide the necessary information to authorized services upon their request. The employer's duty to ensure safe working conditions includes taking the necessary measures to prevent PE, to preserve the health and life of employees when they arise.
Art. 212 of the Labor Code of the Russian Federation requires social insurance of employees against accidents and occupational diseases. Development and approval of instructions should be conducted taking into account the opinion of the body authorized by the employees (the elective group from the primary trade union). Posters for TB and OT should be present on the sites of direct professional activity of employees, in workshops and other premises of the organization. Along with this, it is necessary to use the established conventional signs for safety rules. All employees of the organization should understand and understand them. Conditional signs for safety rules are studied during the briefings.
The manager must exercise control overthe execution of instructions by employees, which are contained in job descriptions. In the latter, the specific duties of employees and officials in the field of OT are given. The Recommendations establish provisions for the leaders themselves.
Paragraph 2.1 of the Recommendations
In accordance with it, the head must ensure:
- In structural units and in the fieldimplementation of regulatory and legislative acts on OT, government regulations and orders of the Ministry of Labor and Social Development, state supervision and control bodies, expert organizations.
- Safe operation of structures, technical devices, performance of production and technological processes, use of materials and raw materials.
- Organization and conduct of certification of sites and attestation of places.
- Unhindered access of representatives of bodiesstate supervision and control, state working conditions for the performance of inspections, investigations of the state of emergency in the workplace, clarification of the causes of occupational diseases.
- The optimal schedule of activities and recreation of employees in accordance with applicable laws and industry regulations.
- Compensation for damage caused by occupational diseases, injuries or other health damage related to the performance of their duties.
- Timely payment of fines and other penalties imposed by state control and supervision bodies for failure to comply with the requirements of legislation in the field of health care, regulatory acts on TB and hygiene.
- Effective control over the level of influence of hazardous or harmful factors on the health of personnel.
- Provision of oversight, management,monitoring the requested information on the state of working conditions in the organization, the implementation of regulations, as well as all accidents, injuries and illnesses of employees to be recorded.
According to paragraph 2.1 of the Recommendations, the head also:
- Introduces deputies, heads of subdivisions, as well as specialists, in the job descriptions of the obligation to provide the OT or approves them with a separate order.
- Manages the OT service in the organization.
- Invites to account, according tolegislation, persons who showed negligence in providing safe conditions in subordinate structural units, did not take measures to comply with the requirements, comply with state standards and norms, committed accidents, accidents or occupational morbidity.
- Organizes the development and allocates funds for the implementation of activities in the field of health and safety.
Attestation of places
This procedure should be carried outin accordance with the Regulation to the Resolution approved by the Ministry of Labor. According to clause 2.2, in order to perform the certification, the head of the organization issues an order to appoint a commission. This body should include specialists from the security and labor administration, salaries, chief specialists, department heads, doctors, representatives of trade unions, authorized (trusted) persons of the collective. According to clause 3.1.1 of the Regulations, all factors that pose a danger or harm to health are subject to evaluation during the evaluation of the places of evaluation. The biological, physical, chemical conditions, tension and severity of labor are analyzed. The commission also checks the availability and availability of collective and individual protection equipment. Certification is carried out at all places available at the factory.
According to paragraph 5.4 Provisions, attestation documents act as the basis for the formation of a database of existing conditions in the enterprise. The results of the assessment should be communicated to the entire staff of the organization. Storage of attestation documents is carried out at the enterprise. The securities are strictly accountable.
Tasks of the commission
The appraisal committee assesses:
- Traumatic safety seats.
- Functionality of PPE.
- The actual state of the production environment.
- It establishes the level of tension and severity of professional activity.
- Assesses the security of places with the definition of a class.
- Develops and makes proposals for improving the state of the environment.
- Determines the readiness of the organization to pass certification for compliance with the established requirements of TB and OT.
According to clause 4.2 of the Regulations, the results of the commission's activities are formalized by a special protocol. Attached are:
- Vedomosti on workplaces and the results of their attestation.
- Rating cards.
- Consolidated statement on the safety of places in the organization.
- Plan foreseen activities to improve and improve the environment.
The card of certification should be made for each workplace or for their group in the performance of activities that are similar in nature.
Analysis of the degree of danger and harmfulnessis carried out according to Guideline 2.2.2006-05 by comparing the information obtained when measuring indicators with established hygienic norms. According to the results, the class of conditions for the workplace or their group is defined:
- First. This class is assigned to places with optimal working conditions. They should be understood as an environment in which the tools and equipment used are in full compliance with standards and regulations, ready-to-use remedies are available, and personnel are instructed and trained.
- Second. This class is established for acceptable working conditions. In this case, the defects and damage to the protective equipment identified during the evaluation do not affect their functionality.
- The third. This class is appropriated to dangerous working conditions. At the time of certification, there is a lack of protective equipment or they are faulty; there are no necessary instructions for employees, training of employees is not conducted.
Certified is the place where no harmful or dangerous factors are found (or their content is within the limits of the norms), the requirements for TB and OT have been complied with.
The information received during the assessment is applied to:
- Planning and implementation of HSE activities according to the current legislation.
- Certification of the production facility for compliance with the established standards.
- Justification for the payment of compensation and the provision of benefits to employees who are engaged in serious or harmful (dangerous) activities, in accordance with the procedure provided for in the law.
- Establishment of communication of morbidity with the performance of professional duties, diagnosis.
- Decisions of disputes and disagreements in court.
- Consideration of the issue of suspension(termination) activities of the structural unit, shop, site, equipment, technology changes, posing a direct threat to the state of personnel.
- Entering into the labor agreement (contract) working conditions.
- Familiarization of employees with the factors taking place in the organization.
- Formation of statistical reporting on the state of work conditions, on benefits and compensation paid to employees engaged in harmful (dangerous) environments, according to No. 1-T.
- Applying appropriate sanctions (administrative and economic measures) to the perpetrators who do not comply with the requirements for TB and OT.
Annexes to the Regulation
The additional documentation includes:
- List of basic standards for the occupational safety system, sanitary and hygienic standards used in attestation of places.
- Form of evaluation card.
- Protocol of attestation of trauma safety.
- List of places and results of the evaluation.
- Protocol for checking the presence of PPE.
- Classification of labor conditions for trauma safety.
- The protocol of attestation of places by labor conditions.
The function of state supervision is assigned to the bodies of expertiselabor conditions. In the Letter of the Chief Sanitary Doctor, the issue concerning the issue of sanitary epidemics for the certification of places in treatment and prophylactic organizations for a fee was considered. Certification is carried out by accredited bodies. As objects, work on RT is performed in organizations regardless of their form of ownership and organizational and legal management system. Failure to comply with the requirements in the field of HSE leads to administrative and disciplinary measures. Employees have the right to apply to the labor inspectorate to protect their interests. Employees can also suspend activities if there is a threat to their health or life.
Authorized bodies carry out an assessment of working conditions on the ground in accordance with the following criteria:
- Level of danger and harmfulness.
- Degree of trauma safety.
- The presence of PPE and their effectiveness.
According to para. 27 Provisions regulating the certification of work on the OT, the Decree of the Ministry of Labor, the results of the analysis and assessment of compliance with the established norms and regulations make it possible to decide on the refusal or issuance of an authorization document of the organization. If the actual indicators of harmful and dangerous factors are higher than the established standards for the above three criteria, the environment is considered to be a threat to the lives and health of employees. The place assigned to the second class is recognized as conditionally certified. The Commission makes proposals concerning bringing the conditions in line with the established standards. When assigning a place to the third class, it is considered not certified. In this connection, it must be re-equipped or liquidated.
According to Art. 213 TC, for a number of categories of employees, medical examinations are provided. They must pass through people engaged in harmful, underground work, as well as in activities related to the movement of transport. Periodical and preliminary surveys are carried out by institutions that have a license. During medical examinations, the professional suitability of employees for a particular type of work is determined, as well as the prevention of occupational morbidity. These inspections should be carried out by employees involved in the food industry, public catering and trade, in health care, water, children and some other organizations. Such measures are necessary to prevent the spread and prevent the morbidity of the population. Employees who ensure the movement of trains, according to the Government Decree, must also undergo periodic and initial medical examinations. Lists of hazardous or harmful factors and activities in the course of which surveys are carried out, the procedure for their implementation is approved in the Ministry of Health Order.