Law, Health and Safety
Occupational safety: Commission on occupational safety. Order to create a commission, composition, authority
According to Art. 13 of the law, which regulates labor protection, the OSH commission must be formed at each enterprise, the number of employees of which exceeds 10 people. Let us consider further what kind of activity it does.
General information
Regulations on the commission on occupational safety and health are also stipulated in Art. 218 TC. The committee can be created on the initiative of employees or the employer. A representative body of workers can also propose the formation of such a structure. The committee on occupational safety and health must therefore include representatives of:
- The employer.
- The trade union of workers (or other authorized by the employees of the body).
The formation of committees is carried out on a parity basis. The Model Regulations on the Labor Protection Commission must be approved by the federal executive body. Committees are created in organizations, institutions, enterprises, regardless of the type of ownership, the sphere of production and economic activity and departmental subordination.
Purpose of creation
One of the main duties of the employer is labor protection. The Commission on Labor Protection is designed to implement joint actions of the head and employees of his enterprise to ensure the requirements established by the legislation on health and safety. The main purpose of forming the committee is to prevent injuries in the workplace and the occurrence of occupational diseases. This body ensures the verification of working conditions, assesses how labor protection is implemented at the enterprise. The OSH Committee informs employees about the results of its activities, collects proposals on the section of the collective agreement on PA.
Number of the committee
The OSH committee in the organization, as a rule, includes trusted (authorized) persons from directly the collective or the trade union. The number of the committee is determined depending on the number of employees in the enterprise, the structure and specifics of production, other factors relating to the firm's activities directly, and also by mutual agreement of participants representing the interests of the employer and employees. After agreeing all the questions, the head approves the order on the labor protection commission.
Features of formation
The terms of the creation, the duration of the authority, the work of the commission are stipulated by the collective agreement. These items can also be approved by any other joint decision of the employer and the authorized representative bodies of workers. Election of trustees from employees is carried out at the general meeting of the team. Representatives of the employer are appointed by the appropriate order of the head of the enterprise. The Commission may elect from the composition of the chairman and alternates of each party. In addition, the committee has the right to elect a secretary. At the same time, it is not advisable to appoint an employee in the capacity of the chairman, whose duties include checking the state of labor protection or who directly submits to the employer.
Meetings
At least once a year, the final meeting of the OSH Commission should be held. At it representatives of employees, trade unions or other authorized structures from the personnel report on the results of their activities. The meeting may recall these persons from the committee if the unsatisfactory nature of the measures taken is recognized. Instead of these representatives, new ones are elected. The activities of the committee are carried out according to the plan. It is also adopted at the meeting and approved by the chairman. Current meetings are convened as necessary, but not less than once a quarter.
Specific activities of the committee
It includes interaction with government agencies that provide oversight of how the company observes labor protection. The OSH Commission carries out activities in conjunction with the company's OT service, as well as with specialists who are contracted on a contractual basis. At the same time, in the latter case, the branch peculiarity and specificity of production are taken into account, specific interests of the collective are taken into account. The work and payment for the activities of the recruited specialists is established by a collective agreement or other joint decision of the authorized employees and employer.
Tasks
To fulfill the duties assigned to the committee, it is advisable to pass appropriate training on the courses. Their visit should be provided at the expense of the employer. The work of the committee involves the development of a program of joint measures based on suggestions from the parties on improving working conditions and its protection, preventing injuries and occupational diseases at work. The Committee also considers the projects of sanitary and organizational and technical measures for the preparation of the relevant section of the agreement on the OT or collective agreement. The Commission for the Verification of Knowledge on Labor Protection analyzes the existing conditions in the enterprise. Based on the results of the evaluation, the committee prepares the relevant proposals within the framework of its powers to solve existing problems. The task of the commission is also to inform staff about the state of the OT on the ground of their professional activities, the probable risks of damage to health. The Committee also explains to the collective the right to receive individual remedies, compensation and benefits.
Credentials
To solve the tasks the commission implements:
- Consideration of proposals received from the employer, the trade union or other body authorized by the employees or individual employees concerning the creation of safe and healthy working conditions at the enterprise.
- Development of recommendations that meet the established requirements for preserving the life and health of personnel during their employment.
- Participation in the examination of places of professional activity on the appeals of employees.
- Consideration of the results of the survey of the condition of conditions and RT in shops, production sites and in the enterprise as a whole.
- Develop, if necessary, recommendations aimed at addressing identified violations.
- Investigation of the causes of injuries and occupational diseases at work.
- Analysis of the activities carried out under the conditions of work and OT.
- Preparation of information and analytical materials concerning the actual level of industrial safety.
- Evaluation of the process and results of attestation of places of professional activity.
- Prepare departments and the entire enterprise for mandatory certification for compliance with the requirements of the OT of work sites at production facilities.
- Participation in the development of the budget project of the labor protection fund.
- Assistance to the employer when introducing them into production of advanced technologies, mechanization and automation of processes, new equipment for the formation of safe and healthy conditions, the exclusion of heavy physical activity.
- Research of the condition and operation of sanitary facilities and hygienic devices.
- Provision of workers with overalls and other means of protection, information on the procedure for their application, provision of therapeutic and preventive nutrition.
- OT propaganda, increase of responsibility of employees for compliance with safety requirements.
Rights of the Committee
When implementing its tasks, the commission can:
- Receive from the head of the enterprise and the service of information about the condition of the conditions on the field of professional activity of the personnel, information on occupational diseases and the frequency of traumatic situations in the workplace, the presence of harmful and dangerous factors.
- To listen at meetings of the message from the employer and his representatives concerning the issues of fulfillment by them of duties on ensuring security in the enterprise and observance of guarantees of the rights of employees at the OT.
- Participate in the activities for the formation of measures provided for in the collective agreement or the relevant agreement on issues falling within the competence of the committee.
- To make proposals to the head of the enterprise about imposing disciplinary sanctions on employees who violate the requirements of the norms, instructions and rules on labor protection.
- To send appeals to relevant supervisory structures on bringing to justice of authorized officials in case they do not comply with legislative and other normative acts in the field of OT, conceal information about accidents and occupational diseases that have arisen in the workplace.
Conclusion
Responsibility for the formation of the commission rests with the head of the enterprise. At the same time, legislation allows that the formation of a committee can be carried out on the initiative of employees. This body solves the most important tasks in production. Including representatives of both the employer himself and the employees of the enterprise, he provides a comprehensive study of issues related to the safety of the manufacturing sector. At the same time, the Commission's powers include not only a survey of workplaces, but also the development of recommendations for improving the conditions in which the professional activities of personnel take place. Important is the verification of compliance with the requirements of the TC management of the enterprise. In the event that violations are detected both by the employer and employees, the committee has the right to apply to the appropriate authorities to bring to justice the perpetrators.
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