Identification of labor protection violations. Typical violations in the field of labor protection. Subject and subjective side

06.04.2020

What are the types of liability for violation of labor protection requirements at the enterprise?

What penalties can be used in relation to an employee, a special official or for the entire enterprise as a legal entity?

Types of liability for violation of labor protection requirements

Disciplinary. Provided for employees, indicated in the Labor Code. The types of disciplinary sanctions include a remark, as well as a reprimand and dismissal. The procedure for imposing sanctions on an employee is indicated in labor legislation, as well as in local regulations (PVTR - Rules internal regulations) and other documents.
Material. This is also the type of responsibility that is provided for employees. It is applied in the case when, as a result of the illegal acts of the employee, material damage property and property interests of the tenant. The employee is obliged to compensate only for direct material damage, and not for lost profits. Liability is governed by the rules labor law and a number of other acts.
Administrative. A type of liability that can be used both in relation to individuals and in relation to legal entities (for legal entities, administrative liability is most often established in the form of a monetary sanction - a fine).
Criminal. Provided only for individuals(not only employees of enterprises, but also officials: for labor protection specialists, for managers and others). Criminal liability for violation of OT requirements is the most severe, it may include not only fines, but also imprisonment.

What federal laws provide for liability for violation of labor protection standards?

Responsibility of employee and employer specified in a number of legal acts.

Labor Code RF;
Code of Administrative Offenses (this is the Code of Administrative Offenses);
Criminal Code Russian Federation(aka the Criminal Code of the Russian Federation);
Federal Law “On industrial safety of hazardous production facilities” (please note that you have the current version of the regulatory act: changes were made in 2016!). Some of the changes introduced took effect only in 2016-2017.

Dismissal for violation of labor protection requirements as a type of disciplinary liability: grounds and procedure

In Art. 192 of the Labor Code of the Russian Federation lists the types of disciplinary sanctions, among which there is dismissal. Art. 192 of the Labor Code refers to the norms of Article 81, in which list the grounds for dismissal.

One of them is violation of labor protection rules. In Art. 81 of the Labor Code contains the grounds for dismissal:

The violation of the rules was established by the labor protection commission or by special commissioners for labor protection.
Violation of labor protection rules by an employee entailed the onset of serious consequences (for example, an accident occurred at work, an accident occurred, a catastrophe occurred).

Disciplinary liability in the form of dismissal is also possible if the violation of labor protection rules knowingly created a real threat of dangerous consequences.

In Art. 193 of the Labor Code contains general order imposition of administrative penalties on the employee. The rules listed here are also valid in relation to dismissal for violation of OT requirements. The schema looks like this:

Disciplinary liability in the form of dismissal is the most severe. Be careful when filling out all the documents, make sure that the entire procedure is followed.

If at least one document is missing, if the deadlines for imposing were violated disciplinary action, then the employee can safely apply to the state labor inspectorate and (or) to the bodies that deal with individual labor disputes.

The list of labor protection violations at the enterprise is compiled at each individual enterprise and is an internal document.

Responsibility of the employer for violation of the requirements of OT. We look at the administrative code!

Code of Administrative Offenses ( administrative code) - a document that provides for the liability of a legal entity.

It means that the company will pay a fine for violation of labor protection legislation(most often).

For legal entities, there is also such a type of liability as temporary ban on activities. In this material, we list only the main offenses contained in the Code of Administrative Offenses:

Art. 5.27 for violation of labor legislation, as well as other acts containing norms labor law. By ch5. Art. 5.27 of the Code of Administrative Offenses, liability in the amount of a fine of 5,000 rubles for citizens comes; disqualification for 1-3 years for officials, a fine of 30,000 rubles. for those who carry out activities without forming a legal entity; a fine is also provided for legal entities from 100,000 rubles to 200,000 rubles.
Art. 5.27.1 for violating government regulatory requirements FROM. The maximum sanction for legal entities under the article provides for a fine of 100,000 rubles. up to 200,000 rubles or administrative suspension of work for up to 90 days.
Art. 5.28, providing for liability for evading the participation of the employer in the negotiations on the conclusion of a collective agreement (CA).
Art. 5.31 for violation or failure to fulfill obligations under a collective agreement, agreement
Art. 15.34 for concealment of an insured event provides for the imposition of administrative liability in the form of a fine from 5,000 rubles to 10,000 rubles (for legal entities).
Art. 19.5 of the Code of Administrative Offenses of the Russian Federation for failure to comply within the prescribed period with the legal order of the relevant officials.

The responsibility of the employer in such cases is not limited only to a fine, but also threatens with additional checks, lost profits during the administrative suspension of activities and other sanctions.

But criminal liability is considered to be the most severe. It cannot apply to legal entities, because entity is not subject to criminal law.

But the norms of the Criminal Code of the Russian Federation apply to officials whose activities have entailed a violation of labor protection rules and serious damage.

Criminal liability for violation of labor protection requirements

In the Criminal Code of the Russian Federation There are several articles that are related to liability for violation of labor laws.

Art.145 for unjustified refusal to hire or for unjustified dismissal of a pregnant woman, as well as women with children under the age of 3 years. Provides for the imposition of a fine of up to 200,000 rubles or a fine in the amount of the salary or in the amount of other income of the convicted person for a period of up to 18 months, and compulsory work for up to 360 hours is also indicated as a sanction.
Article 145.1 for non-payment of wages, pensions, scholarships, allowances, as well as other payments, is punishable up to imprisonment for up to 5 years.

But the key norm that provides for criminal liability is Art. 143 of the Criminal Code of the Russian Federation. It is called "Violation of labor protection requirements" and contains 3 parts.

The composition of the crime has a number of features:

A special subject is a person to whom responsible for ensuring labor protection rules. The decision of the Plenum of the Supreme Court on April 23, 1991 (with subsequent amendments) indicates that such entities include: A) heads of enterprises; B) chief engineers; C) chief specialists who did not take measures to eliminate violations; D) other persons who are entrusted with the duty of labor protection. If a violation of the norms was committed by a person who does not have a special status, but due to negligence caused serious harm to human health / death due to negligence, then criminal liability arises under a completely different article - Art. 109, 118 of the Criminal Code.
Necessary presence of socially dangerous consequences(causing grievous bodily harm, death of a person or several people). Of course, it will also be necessary to prove the existence of a causal relationship between the direct violation of the rules and the occurrence of harm.
All the acts provided for in the article, are committed through negligence.
Responsibility comes from enterprises regardless of ownership(state, private, foreign on the territory of Russia or others).
Violation of labor protection rules is a broad concept that can include not only safety, but also rules for safe work, violation of the rules of industrial sanitation, occupational health and others.

Art. 143 of the Criminal Code of the Russian Federation and criminal liability for violation of labor protection requirements

Part 1 Art. 143 provides for criminal liability for violation of labor protection requirements, which negligently caused serious harm to health.

The sanction of the criminal article provides for the following types of punishments:

a fine of up to 400,000 rubles or a fine in the amount of the salary/other income of the convicted person for up to 18 months;
compulsory work for a period of 180-240 hours;
correctional labor for periods up to a maximum of 2 years;
forced labor for up to a maximum of 1 year;
imprisonment up to 1 year + deprivation of the special right to hold certain positions or to practice certain activities up to 1 year (or without deprivation of the right).

Part 2 Art. 143 of the Criminal Code of the Russian Federation and criminal liability for violation of the requirements of OT, resulting in the death of a person through negligence provides for the following sanctions:

forced labor for up to 4 years;
imprisonment for up to 4 years + deprivation of the right to occupy certain positions / engage in one or another type of activity up to 3 years (or without deprivation of the right).

Part 3 Art. 143 of the Criminal Code of the Russian Federation and criminal liability for violation of the requirements of OT, resulting in the death of 2 or more people by negligence is punished:

forced labor for maximum term up to 5 years;
imprisonment up to 5 years + deprivation of the right to hold certain positions / engage in certain activities for up to 3 years (or without deprivation of the right).

Note to Art. 143 explicitly states that OT requirements in this article are understood to mean national OT regulatory requirements that are in federal laws as well as in other acts.

Where is the list of labor protection violations at the enterprise?

This may not only be local acts(although it is easiest for employees and officials to navigate in them).

To see the responsibility and rules for performing work, take a look at PVTR standard instruction on safety, as well as in the job description.

Before accepting an employee, the employer is obliged to conduct an introductory briefing + primary safety briefing. The employee signs this in a special journal.

Also, the company must have frequency of current briefings on safety and labor protection (for example, they are held once every 6 months).

Each employee must pass the current briefing + sign in the appropriate journal. In addition, there are cases of so-called "emergency briefings", which are carried out after an accident at the enterprise. Employees also sign about them.

There are also industry-specific OSH rules, which include:

Order of the Ministry of Labor and Social Protection of the Russian Federation of February 25, 2016 N 76n entitled "On the approval of the Rules for labor protection in agriculture» . There are the same decrees approving the rules of OT in construction, in housing and communal services (housing and communal services), in the field of production food products and others.
Order of the Ministry of Agriculture of the Russian Federation of June 20, 2003 N 890 entitled "On approval of the Rules for labor safety in the meat industry". There are also separate orders for enterprises operating in the storage of sugar beet seeds, storage and processing of grain, crop production, animal husbandry, the tobacco industry and other areas.
Orders of Russian Railways on labor protection for employees of Russian railways(machinists, employees of heating networks, builders and many others).

Intersectoral documents that regulate the rules of labor protection

Order of the Ministry of Labor and Social Protection of the Russian Federation dated November 16, 2015 N 873n entitled "On approval of the Rules for labor protection during storage, transportation, and sale of petroleum products"
Decree of the Ministry of Labor of the Russian Federation of March 28, 2014 N 155n called "On approval of the Rules for OSH when working at height".

There are the same ordinances on safety rules in the processing of plastics, work on road transport, operation of the gas facilities of organizations, when performing soldering products.

3 conclusions from the article

There are 4 types of liability for violation of labor protection rules: from disciplinary to criminal
List of labor protection violations the company is located in job descriptions, PVTR and other local documents. There are also requirements, rules and instructions approved by orders and regulations.
Application disciplinary action- dismissals must comply with those established in Art. 193 TC rules.

Video: Responsibility for violation of labor protection requirements

established by article 419 of the Labor Code of the Russian Federation. Those guilty of violating the provisions of labor legislation can be brought to disciplinary, financial, administrative and even criminal liability. We will talk about this in more detail in the article below.

Responsibility for violation of labor protection requirements

Occupational safety is a set of measures that together ensure the protection of the health of an employee in the process of implementing labor activity.

The main measures for labor protection are established by the legislator and are conventionally divided into several groups:

Legal. This group includes the maintenance of documentation at the enterprise, in particular the conclusion of individual and collective labor contracts.
Socio-economic. This group includes compulsory insurance of employees, payment of all required compensations and provision of benefits.
Organizational and technical. These activities ensure proper working conditions for employees. In particular, we are talking about mandatory certification of workplaces, staff optimization, etc.
Sanitary and hygienic, including the provision of workers with a special uniform.
Preventive, which are responsible for creating a system of sports recreation for employees and conducting mandatory medical examinations.

The requirements of the Labor Code of the Russian Federation in the field of labor protection are defined in Chapter 34. In particular, they include such obligations of the employer as:

ensuring the working regime at the enterprise;
purchase and distribution of special clothing;
conducting a special assessment of working conditions, etc.

That is, the employer and the officials responsible for labor protection must ensure proper working conditions for each employee - otherwise the perpetrators are held accountable.

Disciplinary responsibility

If the employee does not properly perform the duties assigned to him, he faces one of the following penalties:

comment;
rebuke;
dismissal.

At the same time, the legislator does not allow the prosecution of an employee in whose actions there were no signs of guilt, and only one punishment can be imposed for one misconduct. The employer has the right to conduct an internal audit and find out all the circumstances of the incident, as well as to hold the guilty person liable no later than one month from the day the violation was discovered.

Don't know your rights?

Material liability

The employer must take care in advance to include a liability clause in the text of the employment contract or sign with the employee supplementary agreement on this occasion. After the employee learns that he is financially responsible within the framework of his position, in case of damage to the enterprise, he will be obliged to compensate him. However, let's make a reservation right away: we are talking only about actual losses, the unreceived benefit of the organization is not paid to employees.

In order for an employer to be able to hold an employee liable, the following conditions must be met:

the actions of the employee must be unlawful;
there must be a guilt of actions (or inactions);
there must be a causal relationship between consequences and actions.

Important! The employee is liable only in the amount of his earnings for the month. The exception is cases when, through his fault, the employer paid certain amounts to the affected persons - in such a situation, the employee, in addition to direct damage, reimburses these payments.

Administrative responsibility

The Code of Administrative Offenses of the Russian Federation contains a norm that covers issues of administrative liability for violation of labor protection requirements. We are talking about article 5.27. In addition to this composition, there are special rules that clarify responsibility in specific areas of activity, for example, Art. 9.2 (design of hydraulic structures) or 9.3 (tractor control, etc.).

The perpetrators in this case may be:

officials of the enterprise (they may be limited to a fine imposed by the labor inspectorate);
head of the organization (we are talking only about legal entities);
IP (if there are employees on the staff).

Important! This composition provides only for the intentional guilt of the offender.

Criminal liability

The Criminal Code of the Russian Federation also contains several articles that indicate signs of violation of labor protection standards. In particular, we are talking about articles 143 and 215-219. The specificity of this type of liability is that only individuals are involved in it (for example, specific employees of the organization or the head of the enterprise).

Thus, the legislator in relation to the perpetrators who violated the requirements of labor protection is not limited only to disciplinary or material liability provided for by the Labor Code of the Russian Federation. If there is a composition in their actions administrative offense or a crime, they can also be held liable under the norms of the Code of Administrative Offenses and the Criminal Code of the Russian Federation - it all depends on the severity and nature of the violation.

30.07.2018

In the process of labor activity, there are frequent cases of various incidents, emergencies, harm to the health of workers and equipment.

Such cases often occur due to violation of labor protection and production safety standards.

Federal legislation, along with local regulations, provides for a list of penalties and safety rules at work, both in relation to employees and the employer.

List of major violations of safety regulations at work

List of main violations of legislation in this area contained in labor law as well as recommendations and other legal acts ministries and departments according to the profile of the direction of the organization.

In some cases, violations may be specific, given the scope of the enterprise.

Examples of major violations of occupational safety requirements and standards include:

There are also specific violations, allowed by both parties of labor activity - when working at height, the employer does not provide employees with safety equipment; when working with flammable substances, there are no fire extinguishers.

These violations are of a special nature, as they are inherent in organizations operating in certain areas of production.

Rough

The legislator also identifies certain types of violations, both on the part of the employee and the employer, which are classified as gross:

Caused the death of a person

If the violation of labor protection standards and safety rules resulted in the death of an employee, the management of the organization should act within certain stages established by labor legislation:

First of all, it is necessary to call the medical service to provide assistance or establish the fact of fixing the death of an employee.
After that, you should notify the relatives or legal representatives of the employee about the fact of death at work, while calling the police to record the circumstances and causes of death.
It is also necessary to create a special commission to investigate an accident at work by the employees of the enterprise by issuing an appropriate order.
Carrying out verification activities by the labor inspectorate and law enforcement agencies.
Issuance of the conclusion of the commission for the investigation of the accident and the police on the circumstances of the incident and the designation of those responsible for the incident.

Sample letter of punishment

Registration of an order on punishment for violation of labor protection rules should be carried out only based on labor law and comply with OT regulations.

Also such a document must comply with the rules and standards of GOST on document management and the rules for maintaining the documentation of the enterprise itself.

The document must indicate:

name of company;
the basis for punishment and confirmation of the guilt of the employee;
indication of the personal data of the employee and indication of his position;
labor laws that the employee has violated.

Useful video

About criminal liability for violation of labor protection requirements, described in detail in this video.

Occupational safety is a system for preserving the life and health of workers in the course of their work, including legal, socio-economic, organizational and technical, sanitary and hygienic, medical and preventive, rehabilitation and other measures. And the employer must build this system, ensure its operation by issuing local regulations, orders and appointing those responsible for this or that duty in this area. The obligations of the employer in the field of work are regulated in sufficient detail by Sec. X "Labor protection" of the Labor Code of the Russian Federation. However, quite often employers ignore the requirements of labor legislation. The result is bringing to administrative responsibility. Today we will talk about the most common violations of labor protection legislation.

Normative base

According to Art. 211 of the Labor Code of the Russian Federation, the state, through the adoption of federal laws and other regulatory legal acts, laws of the constituent entities of the Russian Federation and regulatory legal acts of the constituent entities of the Russian Federation, establishes rules, procedures, criteria and standards aimed at preserving the life and health of workers in the course of labor activity. Such state regulatory requirements for labor protection are mandatory for legal entities and individuals when they carry out any type of activity.

Of course, the main normative act is the Labor Code. In addition to it, the employer should better study:

Decree of the Ministry of Labor and the Ministry of Education of Russia dated January 13, 2003 N 1/29 "On approval of the Procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations" (hereinafter - Resolution N 1/29);

GOST 12.0.004-90 " Interstate standard. System of labor safety standards. Organization of labor safety training. General provisions"(hereinafter - GOST 12.0.004-90);

Federal Law No. 426-FZ of December 28, 2013 "On the Special Assessment of Working Conditions" (hereinafter - Law No. 426-FZ);

Order of the Ministry of Labor of Russia dated January 24, 2014 N 33n "On approval of the Methodology for conducting a special assessment of working conditions, the Classifier of harmful and (or) hazardous production factors, the form of a report on conducting a special assessment of working conditions and Instructions for filling it out" (hereinafter - Order N 33) ;

Decree of the Ministry of Labor of Russia of October 24, 2002 N 73 "On approval of the forms of documents necessary for the investigation and accounting of industrial accidents, and the Regulations on the features of the investigation of industrial accidents in certain industries and organizations";

Orders of the Ministry of Health and Social Development of Russia dated December 17, 2010 N 1122n "On approval of the Model Norms for the free issue of flushing and (or) neutralizing agents to employees and the Labor Safety Standard "Providing workers with flushing and (or) neutralizing agents", dated October 01, 2008 N 541n "On approval of the Standard norms of free issuance of certified special clothing, special footwear and other personal protective equipment to employees of cross-cutting professions and positions in all sectors of the economy, employed in work with hazardous and (or) hazardous conditions labor, as well as at work performed in special temperature conditions or associated with pollution", dated February 16, 2009 N 45n "On approval of the Norms and conditions for free issuance to employees engaged in work with harmful conditions labour, milk or other equivalent food products, Order of implementation compensation payment in an amount equivalent to the cost of milk or other equivalent food products, and the List of harmful production factors, under the influence of which it is recommended to use milk or other equivalent food products for preventive purposes", dated 01.03. improving working conditions and labor protection and reducing the levels of occupational risks, etc.

Of course, these are far from all the regulations that affect the topic of labor protection, but the employer, having studied them and applied in his organization, will be able to avoid quite a lot of problems with regulatory authorities. So, let's move on to common mistakes.

Employer Violations

All violations in the field of labor protection are detected by inspectors of the state labor inspectorate (other bodies, such as the prosecutor's office) in the course of control and supervision activities or as a result of an accident in the organization. Moreover, it is extremely rare that employers do not comply with one or two norms, mostly there is a complex of violations.

Note that from 01.01.2015 a new Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, which establishes liability for violation of state regulatory requirements for labor protection contained in federal laws and other regulatory legal acts of the Russian Federation. For example, for violation of the procedure for conducting a special assessment of working conditions in the workplace or failure to conduct it, the employer faces a warning or an administrative fine in the amount of 5,000 to 80,000 rubles. (depending on who is guilty of the violation - an official or a legal entity). And if it turns out that the employer allowed the employee to perform job duties without training and testing knowledge of labor protection requirements, as well as mandatory medical examinations or in the presence of medical contraindications, the amount of the fine is already more significant: it can reach 130,000 rubles. We will talk more about violations and liability later.

Absence of an occupational safety service or a full-time specialist

Based on Art. 217 of the Labor Code of the Russian Federation, in order to ensure compliance with labor protection requirements, control over their implementation, each employer engaged in production activities, the number of employees of which exceeds 50 people, creates a labor protection service or introduces the position of a labor protection specialist with appropriate training or experience in this areas.

If the number of employees does not exceed 50 people, the employer has the right not to create a service and not to introduce the position of a labor protection specialist. When making such a decision, it is necessary to take into account the specifics of their activities. In the absence of a service or a full-time specialist, their functions are carried out by:

Employer - individual entrepreneur (personally);

Head of the organization;

Another employee authorized by the employer;

Accredited organization or specialist providing services in the field of labor protection, attracted by the employer under a civil law contract.

Note! The structure of the labor protection service in the organization and the number of employees of the labor protection service are determined by the employer, taking into account the Recommendations approved by the Decree of the Ministry of Labor of Russia dated February 8, 2000 N 14.

Many employers misinterpret Art. 217 of the Labor Code of the Russian Federation and believe that if they do not produce anything (after all, the article says about employers engaged in production activities), but, for example, trade or provide consulting services, then it is not necessary to comply with the norm. However, it is not.

According to Art. 209 of the Labor Code of the Russian Federation under production activities is understood as a set of actions of workers using the means of labor necessary for the transformation of resources into finished products including production and processing various kinds raw materials, construction, provision of various types of services. That is, the labor protection service or labor protection specialist is mandatory not only in workshops and industries, but also in the provision of services - tourism, legal, etc.

Of course, the GIT pays attention to this when checking. Thus, by a resolution, Santo-Holding LLC was found guilty of committing an administrative offense under Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation and was punished with a fine - for the fact that, in violation of the requirements of Part 2 of Art. 217 of the Labor Code of the Russian Federation, at the time of the audit, the employer did not decide to create a labor protection service or introduce the position of a labor protection specialist. By the decision of the judge of the Khamovnichesky District Court of Moscow and the Moscow City Court dated December 22, 2014 in case No. 7-9921, the said decision of the official was left unchanged.

Training in safe methods and techniques for performing work, briefing on labor protection and testing knowledge of labor protection requirements are not carried out

All employees, including heads of organizations, employers - individual entrepreneurs, are required to undergo training in labor protection and testing knowledge of labor protection requirements in the manner approved by Resolution No. 1/29.

Based on Part 2 of Art. 225 of the Labor Code of the Russian Federation for all persons entering the workforce, as well as for those transferred to another job, the employer or a person authorized by him is obliged to instruct on labor protection, organize training in safe methods and techniques for performing work and providing first aid to victims. We present the types of instruction in the form of a table.

Type of briefing	Who spends and with whom
	Conducted by a labor protection specialist with all persons hired, with seconded to the organization and students passing through the organization industrial practice
Primary workplace	Carried out by the immediate supervisor (manufacturer) of the work (foreman, foreman, teacher, etc.), trained on labor protection and testing knowledge of labor protection requirements. Before the beginning independent work instructed. Employees who are not involved in the operation, maintenance, testing, adjustment and repair of equipment, the use of electrified or other tools, the storage and use of raw materials and materials, may be exempted from undergoing primary briefing at the workplace. The list of professions and positions of employees exempted from such instruction is approved by the employer
Repeated	All employees pass at least once every six months
unscheduled	Carried out when introducing instructions on labor protection, changing technological processes, tools and other factors affecting labor safety, during breaks in work (for work with harmful and (or) dangerous conditions - more than 30 calendar days, and for other works - more than two months)
	It is carried out during the performance of one-time work, during the elimination of the consequences of accidents, natural disasters and work for which a work permit, permit or other special documents are issued, as well as during mass events in the organization

All briefings are conducted according to special programs developed and approved by the employer.

After any briefing, the person who conducted the briefing should check the acquired knowledge and skills of safe working practices and record them in the appropriate logs. Their forms are established by GOST 12.0.004-90. Magazines must be stitched and numbered.

In addition, by virtue of clause 2.2.1 of the Procedure for training in labor protection, approved by Decree No. 1/29, the employer (or a person authorized by him) is obliged to organize, within a month after hiring, training in safe methods and methods of performing work for all entrants persons, as well as persons transferred to another job. At the same time, the procedure, form, frequency and duration of training in labor protection and testing the knowledge of labor protection requirements for blue-collar workers are established by the employer.

Managers and specialists of organizations undergo special training in labor protection in the amount of official duties upon admission to work during the first month, then - as needed, but at least once every three years.

The most frequent violations in the training of employees in the field of labor protection are:

Lack of briefing logs;

Lack of developed and approved training programs;

Failure to create commissions to test knowledge of labor protection requirements;

Failure to provide training in first aid to victims.

GIT inspectors quite often fine employers for not training employees in labor protection (Decisions of the Moscow City Court dated February 16, 2015 in case No. 7-1248 / 15, dated October 28, 2014 in case No. regional court dated November 26, 2014 N 33-3725, etc.).

Lack of labor protection instructions

We repeat that in order to create a labor protection system in an organization, the employer will have to develop and put into effect not one or even two documents, but a whole package of local regulations, orders, instructions, etc.

The most important documents include instructions on labor protection. The requirements for the development of this document are contained in Art. 212 of the Labor Code of the Russian Federation.

Note. The instruction is developed and approved taking into account the opinion of the elected body of the primary trade union organization or another body authorized by employees.

The Ministry of Labor in 2004 approved several methodological recommendations on the development of labor protection instructions for employees. The main ones were approved on 05/13/2004, for workers engaged in consumer services - 05/18/2004, furniture production - 11.05.2004.

An instruction on labor protection for an employee is developed based on his position, profession or type of work performed. The employer is obliged to monitor its relevance and revise the instructions at least once every five years. Moreover, if during the period of validity of such an instruction, the working conditions of the employee have not changed, then its validity may be extended for the next period.

The current instructions on labor protection for employees of the structural unit of the organization, a list of these instructions are kept by the head of the unit.

Note. It is necessary to keep registers for recording instructions on labor protection and recording the issuance of instructions.

Labor protection instructions for employees can be handed out to them for study during the initial briefing or posted at workplaces or sites. Or they are stored in another place accessible to employees.

Failure to conduct a special assessment of working conditions

Based on Law N 426-FZ, a special assessment of working conditions is a single set of consistently implemented measures to identify harmful and dangerous factors the working environment and the labor process and assessing the level of their impact on the employee, taking into account the deviation of their actual values from the established standards (hygienic standards) of working conditions and the use of personal and collective protective equipment for workers (part 1 of article 3). The results of the special assessment are used, in particular, to provide employees with guarantees and compensations provided for by the Labor Code.

Note. The responsibility for organizing and financing a special assessment of working conditions rests with the employer.

A special assessment is carried out in relation to the working conditions of all employees, except for homeworkers, remote workers and those who work for individuals who are not entrepreneurs (part 3 of article 3 of Law N 426-FZ).

Let us briefly describe the procedure for implementing a special assessment. It is carried out jointly by the employer and an organization that meets the requirements established by Art. 19 of Law N 426-FZ, at least once every five years (Article 8 of Law N 426-FZ). To organize and conduct such an assessment, the employer forms a commission for its implementation (the number of members of the commission must be odd), and also approves the schedule for its implementation. The composition and procedure for the activities of the commission are approved by order.

Based on the results of the special assessment, the organization conducting it draws up a report, which is signed by all members of the commission and approved by the chairman. The form of the report on the conduct of a special assessment of working conditions and the Instructions for filling it out were approved by Order No. 33n.

Note. A special assessment of working conditions is carried out in accordance with the Methodology approved by Order N 33n.

Note that the employer is obliged to familiarize employees with the results of the special assessment at their workplaces against signature no later than 30 calendar days from the date of approval of the report.

Question: When is it necessary to conduct a special assessment if the employer carried out certification of workplaces in terms of working conditions in September 2012?

According to Art. 27 of Law N 426-FZ, if prior to the date of entry into force of this Law in relation to workplaces, certification of workplaces was carried out according to working conditions, special assessment in relation to such jobs may not be carried out within five years from the date of completion of certification, except in cases of occurrence of the circumstances specified in Part 1 of Art. 17 of Law N 426-FZ:

Commissioning of newly organized jobs;

Receipt by the employer of an order from the state labor inspector to conduct an unscheduled special assessment in connection with violations of the requirements of Law N 426-FZ identified during the audit;

Changes technological process, substitutions production equipment, changes in the composition of the materials and (or) raw materials used, which are capable of influencing the level of exposure to harmful and (or) hazardous production factors on workers;

Changes in the applied means of individual and collective protection;

An accident at work or an identified occupational disease that occurred at the workplace, the causes of which were the impact on the employee of harmful and (or) dangerous production factors;

Availability of motivated proposals of elected bodies of primary trade union organizations or other representative body of employees on conducting an unscheduled special assessment of working conditions.

Thus, if the employer carried out certification of workplaces in terms of working conditions in September 2012 and from 01/01/2014 he did not have the circumstances mentioned above, he can conduct a special assessment five years after the end of the certification, that is, in October 2017.

Is it possible to take advantage of a five-year delay for employers who have not carried out certification of workplaces? No, such employers are required to conduct a special assessment as soon as possible.

Indeed, some employers, after reading Part 6 of Art. 27 of Law N 426-FZ, concluded that if their organization does not have jobs listed in Part 6 of Art. 10 of Law N 426-FZ (workplaces where, in accordance with legislative and other regulatory legal acts guarantees and compensations are provided for work with harmful and (or) dangerous working conditions; workplaces of persons, professions, positions whose specialties are included in the lists, taking into account which the early appointment of an old-age labor pension is carried out, etc.), then a special assessment can be carried out in stages and must be completed no later than 12/31/2018.

However, such a conclusion is contrary to Law N 426-FZ. If the attestation of workplaces has not been carried out, then the five-year period for which the special assessment may be postponed, as well as the period provided for in Part 6 of Art. 27 of Law N 426-FZ, are not subject to application. This opinion is also supported by the courts (Appeal rulings of the Moscow City Court of February 26, 2015 in case N 33-5865/15, of the Chelyabinsk Regional Court of February 26, 2015 in case N 11-2249/2015, etc.).

Failure to provide protective equipment

Article 221 of the Labor Code of the Russian Federation obliges the employer, at his own expense, to ensure the timely issuance of special clothing, special footwear and other personal protective equipment, flushing and (or) neutralizing agents in accordance with established standards, as well as their storage, washing, drying, repair and replacement.

The rules for the issuance of personal protective equipment and their use, as well as the responsibility and organization of control over the provision of workers with personal protective equipment, are established by Order of the Ministry of Health and Social Development of Russia dated 01.06.2009 N 290n.

Note. The provision of PPE to employees, including those purchased by the employer for temporary use under a lease agreement, is carried out in accordance with the standard norms for the free issue of special clothing, special footwear and other personal protective equipment and based on the results of a special assessment of working conditions.

The employer is obliged to organize proper accounting and control over the issuance of PPE to employees. To do this, a personal card for recording the issuance of PPE is started (the form is given in the Order of the Ministry of Health and Social Development of Russia of 06/01/2009 N 290n).

In addition to personal cards, confirmation of the fulfillment of the obligation to provide employees with PPE will be contracts for the purchase of the latter, repair, washing, drying and certificates of conformity for PPE.

Failure to conduct medical examinations

Persons employed in work with harmful or dangerous working conditions (including underground), as well as in work related to traffic, undergo mandatory preliminary (when applying for a job) and periodic (for persons under the age of 21 - annual) medical examinations to determine the suitability of these employees for the performance of assigned work and the prevention of occupational diseases. This is the requirement of Art. 213 of the Labor Code of the Russian Federation. Moreover, inspections are carried out at the expense of the employer. However, not all organizations are ready to pay for medical examinations, which is fraught with measures of administrative responsibility.

The lists of harmful and hazardous production factors and work, during the performance of which mandatory preliminary and periodic medical examinations (examinations) are carried out, and the Procedure for conducting such examinations (examinations) are approved by Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 N 302n.

Note. The employer is obliged to remove from work (not to allow it) an employee who has not passed a mandatory medical examination in the prescribed manner, as well as a mandatory psychiatric examination (Article 76 of the Labor Code of the Russian Federation).

Also, the employer is obliged to organize for employees exercising certain types activities, including those associated with a source of increased danger (with the influence harmful substances and adverse production factors), for those working in conditions of increased danger, a mandatory psychiatric examination is required at least once every five years in the manner approved by Decree of the Government of the Russian Federation of 09.23. . Of course, there is no requirement for this journal in the legislation, but based on the meaning of Art. Art. 69, 213 of the Labor Code of the Russian Federation, it must be maintained to track and record the passage of medical examinations by employees - both when hiring and periodically. This journal records the basis for sending an employee for a medical examination, the surname, name, patronymic of the employee, structural subdivision where he works, position, as well as the date of the inspection.

(Ending to follow)

V.P. Kuznetsova

"Human Resources Department commercial organization", 2015, N 6