Responsible for fire safety in an organization 2020

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Often, enterprises do not have people responsible for fire safety, or they do, but “as a distraction.” Although this could all end sadly. The employee assigned to this position must monitor the safety of the entire team, and if there is a fire and something is faulty, he may be punished. Up to imprisonment. If a person is offered such a position, then you need to think carefully before agreeing.

Requirements for the person responsible for ensuring fire safety

Every employer is obliged to take care of the safety of employees. In a large enterprise, one person is not enough. It is worth delegating these responsibilities to someone else, or dividing the premises into convenient areas and assigning responsible persons there. You just need to first select a suitable candidate:

Fire safety

Of course, the best option would be a person who has already worked as a firefighter or in a similar position. These people are prepared and know what to do and what to watch out for.
If there is no such person, then any employee needs to be trained. It is better to hire for this position managers responsible for this area, etc. You can choose another one, this is at the discretion of the director of the company.

This person must work in the organization for at least 3 years. Education not lower than secondary technical.

After the appointment, it is necessary to train the person in charge in order to be confident in the quality of the work. You can create an entire fire safety commission, but this is more often used when there are more than fifty staff.

You can appoint a specialist to a responsible position using an order. It is signed after selecting an employee. The order specifies the designated employee, his area of responsibility and all fire safety acts. This document is then attached to personnel documents. The order is certified by the seal and signature of the head or acting director.

If a person is appointed without special preparation, then training is needed. Course duration is 3 days. The following topics will be covered during the training:

what is included in fire safety
how to provide first aid to victims
how to work safely in an enterprise
how to protect a company from fire

After an employee assumes a responsible position, it is necessary to conduct training. It's worth giving a full lecture. Otherwise, it could cost people's lives.

Appointment of a responsible person

Who can be appointed responsible for fire safety? There is no specific list of positions that can be assigned this responsibility. Most often, management selects a person from among highly qualified specialists with a higher technical education and at least three years of work experience.

This position can be entrusted to an occupational safety engineer, head of the security service or other members of the management team. Sometimes former fire service employees are held responsible. An employee cannot be appointed to this position without his consent, and also if he does not have the appropriate level of training. The person responsible for fire safety must study the fire safety minimum in a special licensed institution.

Some entrepreneurs may assign additional responsibilities to an occupational safety specialist. But this decision will not always be correct, since this employee has a large amount of work in his specialty. And as a result, less time will be devoted to fire safety than necessary.

What should be the responsibilities of a responsible employee

It is often observed that the duties of the person in charge are not fulfilled. Only reports and logs are kept, that's all. But think before you do this. If a fire occurs, people will not know what to do and may die. This will be on the conscience of the person responsible. This can result in an administrative fine and even imprisonment. Therefore, it is better to fulfill all duties and be clean before your conscience and the law:

the person responsible for fire safety must be aware of all established orders, regulations and other acts on fire safety
know how work is carried out at the enterprise and how it needs to be secured
Responsible
how the equipment is used and how it should not be used. What fire safety measures are used when working on equipment?
Where are fire extinguishing materials located?
what causes fires and explosions and how to avoid them
must control how fire safety is carried out by other employees
conduct training sessions with staff
develop a security system, issue orders, resolutions
estimates the share of damage in a fire, keeps records of fires and explosions
he prepares orders for the implementation of fire protection
monitors the quality of materials used to extinguish the fire. Make sure there are enough of them. They cannot be used beyond their intended purpose.
upon request, provide documentation to firefighters, commissions, inspectors
at the end of the year, submits a report to the manager on what has been done and what remains to be done
ensure that employees comply with all orders and regulations
help resolve workplace safety issues
report violations to senior management
monitor the entrances of vehicles to the building, if it is impossible for a fire engine to pass, inform the manager
In case of any breakdowns that could lead to a fire, immediately report to authorized persons

All instructions are prescribed in Federal Law No. 69-FZ “On Fire Safety”.

Responsible for fire safety

In accordance with Federal Law N 69-FZ “On Fire Safety” dated December 21, 1994, responsibility for violation of fire safety requirements lies with:

Property owners;
Heads of federal executive authorities;
Heads of local government bodies;
Persons authorized to own, use or dispose of property, including heads of organizations;
Persons duly appointed responsible for ensuring fire safety;
Officials within their competence.

In accordance with current legislation, for violation of fire safety requirements, as well as for other offenses in the field of fire safety, these persons may be subject to disciplinary, administrative or criminal liability.

Who is responsible for fire safety?

In most small organizations, the person responsible for fire safety may be the head of that organization. In large organizations with several offices or production sites, the manager must appoint one or more employees to this position by signing an order appointing someone responsible for fire safety. At sites with large numbers of people, that is, where there can be 50 or more people at the same time, the head of the organization can create a fire-technical commission.

The duties of the fire safety officer include conducting fire safety training, keeping logs, conducting inspections of premises, and monitoring compliance with fire safety rules by other people.

The person responsible for fire safety is required to undergo fire safety training before taking up the position. Training in fire safety measures is regulated by Order of the Ministry of Emergency Situations of the Russian Federation dated December 12, 2007 N 645 “On approval of fire safety standards.”

During the training, those responsible for fire safety study the requirements of regulatory legal acts regulating fire safety, in terms of the fire regime, the fire hazard of the technological process and production of the organization, as well as techniques and actions in the event of a fire in the organization, and also practice practical skills for prevention fires, saving lives, health and property in the event of a fire.

At enterprises, organizations, and institutions not related to fire and explosion hazardous production, training must be conducted within a month from the date of hiring an employee and repeated at least once every three years. Managers, specialists and employees of organizations involved in fire and explosion hazardous production undergo training at least once a year. The organization's head should organize training of personnel in the fire safety technical minimum. Typically, such training is carried out by a special certified organization, such as po-teh.ru.

Job responsibilities of the person responsible for fire safety.

General provisions.

1.1. The job responsibilities of the person responsible for fire safety are developed in accordance with the legislation of the Russian Federation, Federal Law N 69-FZ “On Fire Safety”. 1.2. These job responsibilities define the functions, rights, responsibilities and scope of activity of the person responsible for fire safety 1.3. A person with a higher technical education or secondary technical education and at least three years of work experience is appointed to the position of fire safety officer. 1.4. The person responsible for fire safety is appointed and dismissed by order of the director of the organization. 1.5. The person responsible for fire safety reports directly to the head of the enterprise or the main person responsible for fire safety. 1.6. During the absence of the Person Responsible for Fire Safety, his duties are performed by an employee appointed by the head of the organization.

Functional responsibilities

2.1. The person responsible for fire safety must know: - current orders, rules, instructions, regulations on fire safety issues at the enterprise; — legislative and regulatory technical documents, methodological materials on fire safety issues; — the main production processes of the enterprise, features of the operation of the equipment used in the enterprise; — measures aimed at preventing fire at the enterprise, equipment, methods and techniques for ensuring fire safety; — technical means and methods of their use to ensure fire safety, fire prevention and extinguishing; — the main causes of fires and explosions; — organizational basis for ensuring fire safety at the enterprise; - is obliged to conduct an analysis of the fire safety of the enterprise, develop orders, instructions and regulations establishing the proper fire safety regime at the enterprise, training workers in the fire safety measures taken at the enterprise; — is obliged to organize and monitor the passage of fire safety briefings by all engineers, workers and employees, conducted by those responsible for fire safety in the divisions of the enterprise in accordance with the requirements of GOST “Organization of training for workers in occupational safety. General requirements"; - is obliged to conduct or organize training in fire-technical minimums in training rooms with persons (technical engineers, workers, employees) whose duties are associated with an increased fire danger or who are responsible for fire safety in departments of the enterprise; - participates in the investigation, draws up and maintains records of cases of fires, ignitions, victims and deaths in fires, determines material damage from a fire at the enterprise; — develops (participates in the development) instructions establishing the main directions for providing fire prevention and fire protection systems at the enterprise in accordance with the requirements of GOST 12.1.004, the procedure for ensuring the safety of people and the safety of material assets, as well as creating conditions for successful fire extinguishing; - bears responsibility for violations of fire safety rules. 2.2. The person responsible for fire safety is obliged to: - prepare orders on the procedure for ensuring fire safety on the territory, in buildings, structures and premises of the enterprise, on the appointment of persons responsible for fire safety in the divisions of the enterprise; on the introduction into force of instructions, regulations and recommendations regarding the organization of fire protection of the territory, buildings, structures, premises and fire and explosion hazardous production areas of the enterprise; — develop and implement measures to ensure fire safety; — monitor the maintenance of fire protection systems and means, including primary fire extinguishing means, in good condition, preventing their use for purposes other than their intended purpose; — provide the head of the organization with an annual report on ongoing fire safety activities and a plan for such activities for the next year; — conduct fire prevention propaganda; — train employees in fire safety measures; — inform the manager about violations of fire safety standards by employees and other persons; — provide assistance to the fire department in extinguishing fires, establishing the causes and conditions of their occurrence and development, as well as in identifying persons guilty of violating fire safety requirements and causing fires; — provide, at the request of officials of the state fire supervision, information and documents about the state of fire safety in the organization, as well as about fires that occurred on its territory and their consequences; — immediately inform the head of the organization and the fire department about fires, malfunctions of existing fire protection equipment and systems, changes in the condition of roads and passages leading to the fire site; — ensure compliance with the requirements of state fire supervision relating to its activities and compliance with current fire safety standards.

Rights of the Fire Safety Officer

3.1. The person responsible for fire safety has the right to: - remove from work persons who have not undergone fire safety training, as well as those who have demonstrated unsatisfactory knowledge of the basics of fire safety; — get acquainted with draft decisions of the organization’s management concerning its activities; — make proposals for optimization and modernization of fire protection systems and means; — carry out work to establish the causes and circumstances of fires that occurred in the organization; — require management to establish measures for social and economic incentives for workers to increase the level of fire safety; — receive information on fire safety issues, including in the prescribed manner from management bodies and security units; — organize and participate in inspections of the organization’s structural units to ensure they have fire safety measures, the condition of fire protection equipment and systems; — organize and participate in inspections of the organization’s property to ensure fire safety measures when working with it; — demand from the heads of the organization’s structural divisions information, documents and information relating to its activities; — demand from the head of the organization and its employees assistance in the performance of the functional duties of the Fire Safety Officer in order to exercise his rights.

Responsibility of the Fire Safety Officer

4.1. The person responsible for fire safety bears disciplinary liability in accordance with Art. 192 of the Labor Code of the Russian Federation: - for improper performance or failure to fulfill one’s duties; — for the inadequate condition of fire protection means and systems in the organization; - for causing material damage by one’s actions or inaction in the manner and within the limits established by Art. 238, 239, 241, 243 Labor Code of the Russian Federation; — for offenses committed in the course of carrying out their activities in the manner and within the limits established by the current legislation of the Russian Federation; — for the reliability of information provided to the management of the organization and the state fire supervision; — for refusal to carry out orders and instructions from the head of the organization; — for failure to comply with internal regulations; — for failure to comply with labor protection instructions, job descriptions, safety and fire safety instructions.

Working conditions

The work schedule of the Fire Safety Officer is determined in accordance with the Internal Regulations established in the organization.

Responsibility

Failure to comply with one's duties will result in immediate punishment. The sanctions applicable to the person responsible will depend on the severity of the crime.

Administrative penalties

Let's not talk about amounts, they may change. Let's talk about what they can be fined for:

If the enterprise has no access routes or they are broken.
Compliance
Fire extinguishing and personal protection materials are in poor condition.
The fire alarm system is faulty. The automatic fire extinguishing system is broken. There is no way to inform people about the fire. There are no signs or necessary warning posters.
It is impossible to connect to the water supply while fighting a fire.
Electrical requirements are not met.
Requirements for electrical equipment installations were violated.
All other violations not prescribed in Articles 8.32, 11.16 of the Code of Administrative Offenses of the Russian Federation, parts 3-8 of Art. 20.4 Code of Administrative Offenses of the Russian Federation.

In general, if the inspector fails to comply with his duties, he may impose a reprimand or an administrative fine on the person responsible.

Criminal liability

For failure to comply with some rules, you can receive a hefty fine or receive another punishment: imprisonment, suspended sentence, correctional labor. What must happen for the person responsible to be punished like this:

Punishment suffered

Serious harm to health. Responsible compliance with your duties will help you avoid punishment. If a person received serious bodily injuries, but everything was taken into account at the enterprise, everything was in order, then there will be no punishment. It is not the fault of the responsible employee.
Death of a person. The condition is similar.

Along with the punishment, it will be prohibited to hold such positions for some time. If the manager decides not to appoint a person in charge, then he himself takes on this position. All the same, the manager must take care of his employees. The person in charge will not relieve the manager of this responsibility. The boss is jointly and severally liable.

Responsibility of specialists for failure to fulfill their obligations

According to Art. 38 of the Law “On Fire Safety”, for violation of fire safety requirements, the management of the organization and responsible persons bear administrative responsibility (Article 20.4 of the Code of Administrative Offenses of the Russian Federation), and in more serious cases they will be held liable under Art. 219 of the Criminal Code of the Russian Federation:

if the health of workers was seriously harmed, the perpetrators face a fine of up to 80 thousand rubles, restriction of freedom for up to 3 years;
if violation of the requirements of industrial safety results in the death of a person, the perpetrators are punished by forced labor for up to 5 years;
if two or more people died, the perpetrators face forced labor for up to 5 years, or imprisonment for up to 7 years.

Inspectors of the State Fire Supervision (SFS) of the Ministry of Emergency Situations carry out scheduled and unscheduled inspections in organizations. If violations are revealed as a result, legal entities and individuals will be subject to fines, the amount of which varies from 1,000 to 200,000 rubles.

Alternative option or assistance to the person in charge

For some, the best solution is to find an outsourcing company that will take care of and be responsible for fire safety.

You can also not completely hire specialists, but only for a certain territory or a certain function. The help of such persons is in demand because it is convenient. It is usually not easy to find people willing to fill such a responsible position. The monetary bonus may not pay for the nerves and effort expended on production, and the punishments are rather large. You need to think carefully before accepting such jobs. Although a good specialist is not afraid of any punishment.

Who is responsible for fire safety at the enterprise

The manager is the first person responsible for fire safety at the enterprise. But if the company has such a civilian unit as a person responsible for fire safety, then both are blamed for the identified violations. You cannot shift responsibility for an object only to a subordinate.

Depending on the nature of the detected violations, administrative punishment in the form of a fine is more often applied to guilty persons. If non-compliance with fire standards leads to harm to the health and lives of people, then those responsible may face criminal penalties.

In addition, an enterprise where gross violations of fire requirements are discovered is obliged to suspend its activities for up to 90 days.

In some cases, the punishment for the responsible person may be a ban on certain types of activities.

Owner or tenant?

I wonder if you rent a room and place your business there, then who is responsible? Not everything is simple here. Undoubtedly, whose building is the one who must keep the building in proper condition, but we look at the lease agreement. If it contains a clause that states who monitors what in what cases, then you need to act according to the document. Otherwise, all responsibility lies with the owner.

This all concerns the building, but there must still be someone responsible at the enterprise. He is hired or appointed by the tenant. In general, you need to supervise employees. That is, the owner is responsible for the building, unless otherwise stated in the contract, and the tenant is responsible for the people and their behavior. Instructions and lectures on them must be given without reservation.

Fire safety is important in any enterprise. Be it a small 3 by 4 office, or a huge factory with several thousand employees. Be conscientious in your responsibilities, because someone's life is at stake.

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Who is responsible for industrial safety in rented premises?

Who is responsible for fire safety: the tenant or the landlord? The legislation does not have a clear answer to this question. The parties to the lease agreement have the right to independently determine who will be responsible for ensuring fire safety. If the contract does not specify specific terms or are vague, it can be difficult to determine who is responsible.

Both the owner and the tenant can be responsible for fire safety in a rented premises. It all depends on whose illegal action (or inaction) caused the fire. In accordance with Art. 209-210 of the Civil Code of the Russian Federation, the general burden of maintaining the property must be borne by its owner. And the landlord is responsible for situations related to improper operation of the premises