The defining legal acts when developing a set of documents on labor protection are:
- Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ;
- Resolution of the Ministry of Labor of Russia, Ministry of Education of Russia dated January 13, 2003 No. 1/29 “On approval of the procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations”;
- Labor safety regulations;
- Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n “On approval of lists of harmful and (or) hazardous production factors and work, during which preliminary and periodic medical examinations (examinations) are carried out, and the procedure for conducting mandatory preliminary and periodic medical examinations (examinations) of workers those engaged in heavy work and work with harmful and (or) dangerous working conditions").
Let's consider the basic requirements of the listed documents.
How about more details?
You can understand what it is - LNA, if you refer to the mentioned resolution. It pays the greatest attention to state-level documentation, but there is the possibility of drawing parallels with the office work of a specific legal entity. Based on this analysis, it seems correct to identify the most characteristic distinctive features that define the LNA against the background of other documents.
One of the most important conditions is the paper creation procedure. Official procedures must be followed. The document must contain standards, general rules regulating the activities of certain persons or processes occurring within the company. The range of positions specified in the LNA must comply with the provisions of this document. One of the main conditions is the possibility of repeated use. Good examples of LNA are orders for core activities.
https://youtu.be/ik1hrMhMZCQ
In accordance with Article 212 of the Labor Code of the Russian Federation, the employer is obliged to ensure:
- safety of workers during the operation of buildings, structures, equipment, implementation of technological processes, as well as tools and materials used in production;
- acquisition and issuance of special clothing, shoes and other personal protective equipment, flushing and neutralizing agents;
- training in safe methods and techniques for performing work, providing first aid to victims at work;
- conducting labor safety briefings, on-the-job training and testing knowledge of labor safety requirements;
- development and approval of labor protection instructions for workers;
- Conducting mandatory preliminary, periodic and extraordinary medical examinations, mandatory psychiatric examinations of employees;
- Availability set of normative legal acts
, containing
labor protection
in accordance with the specifics of the activity.
To ensure the safety of workers, it is necessary to issue a number of administrative documents in accordance with legal regulations (requirements of the Labor Safety Rules and other legislative acts) and distribute responsibility between the heads of departments in the field of labor protection.
When organizing occupational safety training, it is necessary to select a group of managers and specialists who will be trained in a special training center (according to the Resolution of the Ministry of Labor of Russia, the Ministry of Education of Russia dated January 13, 2003 No. 1/29), and also to determine which specialists can be trained within your enterprise with knowledge test approved by the commission.
What are we dealing with?
Specialists, especially workers who ensure high-quality document flow, should know especially well what it is - LNA. Not every document accepted within the company belongs to this class of documents. This includes exclusively legal and organizational acts approved in the appropriate manner. Usually these are instructions and regulations. Often the role of LNA in an enterprise is played by rules and regulations.
Knowing what LNA is, this understanding can be applied in practice by assessing the total volume of documents within the company. At the same time, it is worth remembering some characteristic differences between this group of documentation and all others present in the company. The most informative source of information is the resolution of the plenum of the Supreme Arbitration Court, issued in 2007 under number 48. It was then that the meeting was devoted to the issue of defining LNA.
List of documents on labor protection
Author:
Training
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Right or duty?
Based on paragraph 10 of part 2 of Article 22 of the Labor Code of the Russian Federation, the requirement to familiarize an employee with LNA is the responsibility of the company. Moreover, according to the norm, the employer is obliged to familiarize employees against receipt with accepted local documents directly related to their work activities.
Employers often have a question: is it necessary to familiarize all employees with LNA under signature, or is it enough to simply bring the new local regulation to their attention?
The Information of Rostrud, contained on the website Onlineinspektsiya.RF, states that the employer is obliged to familiarize employees with the approved vacation schedule against signature, since this document relates to LNA directly related to the work activities of personnel.
It is also necessary to familiarize employees with local regulations against signature for the reason that the employer otherwise will not be able to apply disciplinary sanctions, as well as prove any violations on the part of the employee, since he will not be able to prove that he familiarized him with the internal document in which a corresponding obligation is assigned.
In addition, it is impossible not to note the explanations of Rostrud on the issue of familiarization with the employer’s LNA via digital signature. As the department noted, employees cannot familiarize themselves with local regulations using digital signatures, since the current legislation does not provide for this opportunity (with the exception of remote workers). It is necessary to familiarize the employee with local regulations using their own signature, and not an electronic digital one.
Please note: failure of employees to familiarize themselves, against signature, with LNA directly related to their work activities entails administrative liability under Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation, and if the same thing is done repeatedly - under Part 2 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation.
It's time to consult
It is impossible to imagine the work of an enterprise without regularly organizing meetings and meetings. To properly conduct such an event, it is necessary to appoint a person responsible for formulating a protocol that records everything that happens during the communication of colleagues. Protocols can be short or complete, but in any form, after approval, they become LNA. When drawing up a short form of documentation, indicate the tasks that were discussed and the decisions made on the issues raised. The second option involves literally recording verbatim everything that was said.
A fairly common practice is to keep full minutes when organizing an external meeting, in which not only people employed by the company take part, but also representatives of other companies, as well as government agencies. But for internal ones, a short form is usually enough. The most modern companies with good technical equipment can afford to draw up internal protocols in electronic form. But external ones will still have to be printed, unless a special agreement has been concluded with the companies whose representatives were present at the event regulating the possibility of exchanging documents electronically.
Local regulations of the organization in the HR department
T-60 (front side);
- settlement note upon termination (termination) of an employment contract with an employee (dismissal) - form T-61 (front side);
- act of acceptance of work performed under an employment contract concluded for the duration of a specific job - form T-73 (this type of fixed-term employment contract is extremely rare, therefore even experienced personnel officers with many years of work experience often did not have to deal with form T-73 ).
REGISTRATION OF DOCUMENTS Nowadays, there are three methods of registration:
- the simplest - in magazines;
- more advanced - using a card index;
- and the most advanced, convenient, fast - with the help of appropriate computer programs.
Secretaries are free to choose the most appropriate method for them in each specific case for registering documents related to the main activities of the company.
Local regulations: legal requirements
- personal card registration log (T-2);
- a log of personal files of employees (if they are kept);
- journals for recording orders (the number of journals is determined depending on the size of the personnel document flow. All personnel orders can be registered in one or more journals - to the point that different journals can be used to register different types of orders);
- log of acts (about refusals to familiarize with documents, about absenteeism, about violations of internal labor regulations, etc.);
- a book for recording the movement of work books and inserts for them (stored, like work books, in a safe).
On an optional basis (but this is very useful from the point of view of proof), logs are kept for recording employee statements, reports and explanatory notes related to personnel work.
We manage the company
The number of LNAs includes orders. In many companies, documents of this form are the most common, numerous, and regulate the work of the company. At the same time, the rank of the order is lower than the order issued by the main managing person - the general director or another person holding the highest position. An order is a document that regulates the work of the enterprise as a whole, subjugates all the company’s personnel; there simply can be no exceptions. But the order is issued by the head of the department and applies only to those persons who are subordinate to him in accordance with the hierarchy of positions.
An order (in most cases) is a document describing those instructions that were previously received from persons of a higher official level. They are usually adopted to record all operational tasks, the solution of which is designated as a priority.
It is important to know
If a company is very small, it rarely has powerful technology and does not have the ability to provide all staff with electronic signatures. In this situation, it is reasonable to draw up any protocols in paper form, collecting signatures from all personnel in a timely manner to confirm that employees are familiar with the document. But if employed persons have an electronic digital signature, whose familiarization must be confirmed in a particular case, it is enough to prepare the documentation and send it by e-mail, and then send the prepared and certified document to the EDMS, that is, a systematized documentation repository.
Many modern companies are actively developing electronic document management, and among other points it is necessary to note electronic registration, keeping minutes, and familiarizing staff with these documents. Studies conducted more than once on this topic clearly show: the higher the efficiency of the enterprise and the lower the likelihood of errors, the more efficiently the paperwork is streamlined in electronic format, while the volume of paper documents is reduced.
How are LNA issued?
Some acts have a generally accepted form, for example, the staffing table - T-3. The forms are not strictly required and can be customized to suit your company. But there are mandatory inclusions that you can’t do without:
- company name;
- title of the document (instructions, regulations, etc.);
- date of approval and details of the order.
The pages of the act are numbered, the document itself is stitched and sealed. If there are attachments to the act, indicate them and attach them to the document.
Attention! The team’s opinion is reflected on the first page with the phrase: “ AGREED.” Minutes of the trade union committee meeting dated December 10, 2015. No. 1. "
For example, here is a sample of the Regulations on the passage.
https://youtu.be/-30X-Xg75x8
