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

Each manager must provide his employees with 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.

Normative base

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 related to RT.

General Provisions

According to Art. 212 of the LC RF, the employer must ensure the safety of the health and life of employees with:

1. The operation of structures, buildings, equipment.
2. Implementation of technological processes.
3. Use of materials, tools and raw materials.

When drawing up construction and reconstruction projects, the requirements of safe working conditions must be met. This same prescription must be implemented with respect to materials, raw materials, tools, technological processes, mechanisms, machinery and other equipment.

Remedies

The employer's duty to ensure safe working conditions includes the equipping of workshops and other premises with collective and individual adaptations. At the same time, employees must 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.

Work environment

Creation of safe working conditions in the field of professional activity of employees is one of the main tasks of the manager. This order applies exclusively to the situation in the organization. The supervisor is not responsible for the violation of safety procedures by the employee who is engaged in activities at home or in other places. However, he must control the situation, where the employee will be sent to fulfill 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.

Schedule

The regime of rest and work is established in accordance with the legislation and other normative acts concerning the sphere of OT. Under the provisions of Articles 109 and 92, special paid breaks are provided to employees during certain periods of time at certain facilities. 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.

Instructions

The main responsibilities of the employer in the field of the OT include conducting training sessions with the 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 in normal times 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 safety compliance in the course of technological processes.

Medical examinations

The employer's duty to ensure safe working conditions includes a provision on the organization of medical 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 specified 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 familiarized with local acts in the field of OT under the signature. The head of the organization must 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 supervise 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 necessary for this To perform their functions. Together with this, authorized persons must have unimpeded access to the organization in the event of inspections.

Emergency situations

Violation of safety at work can lead to PE. In the event of an accident, the head must inform the authorized authorities, 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 promptly 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.

Additionally

Art. 212 of the LC RF orders 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 to safety rules are studied during the briefings.

Recommendations

The supervisor must exercise control over the performance of the staff members' instructions, 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:

1. In the structural units and in the field, the implementation of regulatory and legislative acts on HSE, government regulations and orders of the Ministry of Labor and Social Development, state supervision and control bodies, expert organizations.
2. Safe operation of structures, technical devices, the implementation of production and technological processes, the use of materials and raw materials.
3. Organization and conduct of certification of facilities and attestation of places.
4. Unhindered admission of representatives of state supervision and control bodies, state working conditions for the performance of inspections, investigations of the state of emergency in the workplace, clarification of the causes of occupational diseases.
5. The optimal schedule of activities and recreation of employees in accordance with applicable laws and industry regulations.
6. Compensation for damage caused to employees of occupational diseases, injury or other health damage related to the performance of their duties.
7. Timely payment of fines and other penalties imposed by the 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.
8. Effective control over the level of influence of hazardous or harmful factors on the health of personnel.
9. Provision to the supervisory, management, control bodies of the requested information on the condition 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:

1. 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.
2. Manages the OT service in the organization.
3. In accordance with the legislation, persons who showed negligence in providing safe conditions in subordinate structural units are brought to justice, they did not take measures to comply with the requirements, comply with state standards and norms, committed accidents, accidents or occupational morbidity.
4. Organizes the development and allocates funds for the implementation of activities in the field of health and safety.

Attestation of places

The procedure should be carried out in accordance with the Regulation to the Resolution approved by the Ministry of Labor. According to clause 2.2, in order to perform the appraisal, the head of the organization issues an order to appoint a commission. The body of this body should be attended by specialists of the security service and labor organization, 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 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.

Results of evaluation

According to clause 5.4 of the Regulations, attestation documents serve as the basis for the formation of a database of existing conditions in the enterprise. The results of the evaluation 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 Evaluation Committee assesses:

1. Traumatic safety seats.
2. Functionality of PPE.
3. The actual state of the production environment.

The commission also:

1. It establishes the level of tension and severity of professional activity.
2. Assesses the security of places with a class definition.
3. Develops and makes proposals for improving the state of the environment.
4. Determines the readiness of the organization to pass certification for compliance with the established requirements of TB and OT.

Documentation

According to clause 4.2 of the Regulations, the results of the commission's activities are formalized by a special protocol. Attached are:

1. Vedomosti on the workplaces and the results of their attestation.
2. Rating cards.
3. Consolidated statement on the safety of places in the organization.
4. 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.

Classification

The analysis of the degree of danger and harmfulness is 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:

1. 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.
2. 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.
3. The third. This class is appropriated to dangerous working conditions. At the time of certification, the lack of protective equipment is found 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 norms), the requirements for TB and OT have been complied with.

Using Results

The information received during the assessment is applied to:

1. Planning and implementation of HSE activities according to the current legislation.
2. Certification of the production facility for compliance with the established standards.
3. Justification for the payment of compensation and the provision of benefits to employees who are engaged in serious or harmful (dangerous) activities, in the manner prescribed by law.
4. Establishment of connection of morbidity with the performance of professional duties, diagnosis.
5. Decisions of disputes and disagreements in court.
6. Consideration of the issue concerning the suspension (termination) of the activities of the structural unit, shop, site, equipment, technology changes, posing a direct threat to the state of personnel.
7. Entering into the labor agreement (contract) working conditions.
8. Familiarization of employees with the factors taking place in the organization.
9. Formation of statistical reports on the state of work conditions, on benefits and compensation paid to employees engaged in harmful (dangerous) environments, according to No. 1-T.
10. 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.

Supervisory authorities

The function of state supervision is assigned to the bodies of expertise of labor 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 system of management. Non-compliance with regulations in the field of health and safety requires 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.

Certification

Authorized bodies carry out an assessment of working conditions on the ground in accordance with the following criteria:

1. Level of danger and harmfulness.
2. The degree of trauma safety.
3. Presence of PPE and their effectiveness.

In accordance with clause 27 of the Regulation regulating the certification of works on health and safety, 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 referred 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 regard, it must be re-equipped or liquidated.

Medoswitness

According to Art. 213 TC, for a number of categories of employees, medical examinations are provided. They must pass people engaged in harmful, underground work, as well as in activities related to the movement of transport. Periodic and preliminary surveys are carried out by institutions that have a license. In the course of medical examinations, the professional suitability of employees for a particular type of work is determined, and prevention of occupational morbidity is also carried out. These inspections should be carried out by employees involved in the food industry, public catering and trade, in medical and preventive, water, children's and some other organizations. Such measures are necessary to prevent the spread and prevent the morbidity of the population. Employees who provide train traffic, in accordance with 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.