In compliance with the law, the employer is obliged to provide safe working conditions for each employee through the application of labor protection standards and the creation of local acts regulating these legal relations.
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In particular, the enterprise must adopt a number of organizational and methodological documentation establishing safety rules, standards, as well as working conditions, taking into account the specifics of the company.
general information
On the basis of Article 212 of the Labor Code of the Russian Federation, the company must create a labor protection service or introduce a full-time specialist responsible for creating safe working conditions, conducting briefings, training workers in safe methods of performing their immediate duties and monitoring compliance with the law in the field of labor protection.
Also, the organization must issue a number of local acts regulating labor safety issues on the basis of legal norms.
In particular, the specified documents must contain:
- the procedure for appointing a person responsible for maintaining labor protection at the enterprise;
- safety rules when performing certain types of work, in particular, with driving mechanisms;
- the procedure for conducting all types of briefings;
- the rights of employees to safe work, namely the provision of protective clothing, protective equipment and examination in medical institutions;
- liability for violation of safety rules;
- certification of places of work to identify dangerous or harmful factors;
- training schedule, as well as testing of acquired knowledge on occupational safety and health;
- procedure for monitoring compliance with labor safety standards.
The listed measures must be applied in all institutions, regardless of the form of ownership, and in the manner established by law, by which each of them is confirmed and regulated, both at the federal and regional levels.
What the law says
Labor protection legislation is the most serious, since not only the lives of employees during the performance of their work duties, but also their lives after retirement depend on the actions of the organization’s management and compliance with all recommended standards. This state of affairs is due to the fact that, for example, in the production of metals, paints or other toxic products or when working in laboratories with dangerous viruses, an employee can seriously harm his health, which will subsequently cause cancer or any other serious consequences for the body and human health .
The legislation does not provide for any unified standards for maintaining documentation on labor protection, however, there are the most general labor protection standards for citizens, as well as private sector documents that apply to certain types of production or organization activities.
Most often, the following documents are used to regulate labor protection:
- Decree of the Ministry of Labor No. 14 of 2000;
- safety instructions when performing job duties, taking into account the characteristics of the position;
- rules for conducting safety training at the enterprise;
- a training program that is developed by the enterprise organization on the basis of existing regulations of the Ministry of Labor or other bodies related to the direct determination of safety measures for the organization’s personnel;
- a safety log, which contains information about the specifics of the briefing, as well as data on which employees attended the lecture;
- conclusions about the final knowledge of the organization’s employees upon completion of the instruction;
- documentation of mandatory medical examination if the specifics of the work involve causing serious harm to the employee’s health;
- documents of the certification commission on determining the degree of harmfulness and danger of production;
- rules for issuing personal protective equipment for workers, including means for cleansing the body of surface contamination from industrial waste;
- the procedure for training the employee who is responsible for labor protection, including the head of the organization, if he is the person responsible for labor protection at the enterprise.
The head of the organization must issue an order on the formation of the position of director of labor protection or another position that will deal with this issue, as well as on the direct introduction of a labor protection service at the enterprise.
Federal legislation
Considering that labor protection includes many activities, norms, standards and rules, these aspects are approved by various regulations from the highest subordination to industry, which must always be observed.
Thus, at the federal level in 2020, the field of labor protection is regulated by:
- Labor Code of the Russian Federation;
- Federal laws;
- by-laws, namely Resolutions, Orders, GOSTs, SNIPs,
- as well as other regulations that establish the basic requirements, standards, rules and regulations for compliance with safety regulations, as well as labor protection in organizations and institutions, which are used in the development of local documentation.
Codes
One of the basic documents containing the basic concept of labor protection, the conditions for its compliance, as well as a list of measures aimed at ensuring safe working conditions, are contained in Federal Law No. 197, which approved the Labor Code of the Russian Federation.
In particular, Article 212 of the Labor Code of the Russian Federation imposes the obligation on the employer to organize and implement the following standards:
- creation of a labor protection service;
- creating working conditions that meet safety standards;
- providing workers with protective equipment;
- production of products that meet safety standards;
- training employees in safe working methods;
- conducting periodic testing of working conditions;
- financing at the expense of company funds of events aimed at preserving the life and health of employees;
- accident investigation;
- providing guarantees to employees in case of injury or occupational disease.
Labor Code of the Russian Federation
Laws
Also in the field of labor protection, the following mandatory laws apply:
- Federal Law No. 125 , which establishes the procedure for social insurance in enterprises and institutions against the occurrence of occupational diseases, as well as injuries due to accidents at work.
- Federal Law No. 426 , which establishes the procedure for assessing working conditions, in particular the presence of dangerous or harmful factors, as well as the provision of guarantees or compensation in connection with special working conditions.
Federal Law of July 24, 1998 No. 125-FZ
Federal Law of December 28, 2013 N 426
What is the frequency of repeated training on labor protection? You can find out about the specifics of labor protection for disabled people here.
Regulations
When creating organizational and methodological documentation in the field of ensuring safe working conditions, a number of other regulatory documents on labor protection are used, in particular:
- Regulations;
- Orders;
- GOST standards.
Regulations
The main documents regulating labor protection are also:
- Decree of the Government of the Russian Federation No. 1160, which regulates the procedure for creating and amending acts containing regulatory requirements for labor protection in general, and which is used when developing other by-laws, taking into account the specifics of the industry or other nuances;
- Resolution of the Ministry of Labor of the Russian Federation No. 14 , which approved the procedure for creating a labor protection service;
- Resolution of the Ministry of Education and the Ministry of Labor of the Russian Federation No. 1\29 , which approved the procedure for training, as well as testing the acquired knowledge in the field of occupational safety and labor protection in companies by employees;
- Resolution of the Ministry of Labor of the Russian Federation No. 30 , which approved recommendations for organizing the work of a person authorized by order of the enterprise to carry out work on labor safety and health;
- Resolution of the Ministry of Labor No. 7 , approving recommendations for the design of offices or specialized premises for training and instruction on safe activities in companies and labor protection.
Resolution of the Ministry of Labor and the Ministry of Education in the Russian Federation No. 1/29 of January 13, 2003
Resolution of the Ministry of Labor of Russia dated 02/08/2000 No. 14
Resolution of the Ministry of Labor of the Russian Federation dated January 17, 2001 N 7
Resolution of the Ministry of Labor of the Russian Federation No. 30
Decree of the Government of the Russian Federation No. 1160
The stipulated regulations are certainly mandatory, but only if their application is advisable.
For example, small companies do not create a special room with stands, mock-ups and a lot of instructions on labor protection, therefore, Resolution No. 7 is not used.
But if we are talking about a plant with a large staff of workers for whom such premises are necessary, given the multitude of equipment and tools that must be handled in accordance with safety standards, then the norms of the Resolution must be observed without fail.
Orders
Legal regulation in the field of labor protection is also carried out on the basis of the following orders:
- Order of the Ministry of Labor No. 438 n , which approved the Model Regulations on the establishment of a system for safety and labor protection in organizations;
- Order of the Ministry of Social Labor No. 412n, approving the Model Regulations on the Commission for Testing Knowledge in the Field of Safety and Labor Protection;
- Order of the Ministry of Culture No. 558 , which approved the list of standard documents that must be created in the company or can be created if necessary and the rules for submitting them for archival storage;
- Order of the Ministry of Health and Social Development No. 302N , approving the list of industries, as well as harmful factors in the presence of which inspections in medical institutions are carried out without fail;
- Order of the Ministry of Health and Social Development No. 290N , which stipulates the procedure for issuing and standards for protective equipment, namely work clothes, shoes, masks, etc.
Order of the Ministry of Labor of Russia dated August 19, 2016 N 438n
Order of the Ministry of Culture of the Russian Federation of August 25, 2010 N 558
Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 N 302n
Order of the Ministry of Health and Social Development of Russia dated June 1, 2009 N 290n
Order of the Ministry of Labor and Social Protection of the Russian Federation of June 24, 2020 N 412n
And again, not all of the Orders given above must be used without fail.
Indeed, in some industries, work clothes are not issued, or instead of the recommended Model Regulations, local acts may be developed without taking into account the recommendations, but based on the specifics of the industry.
GOST standards
In fact, GOSTs are a standard that must be followed thoroughly and used when creating the same local acts, given that the norms prescribed in the specified acts are a legislative norm.
So, when developing labor protection documentation, you need to use:
- State standard 12.0.004-90, which sets out the procedure for conducting all types of briefings and which will be valid until 03/01/2017 in connection with the adoption of a new act of this type (GOST 12.0.004-2015);
- GOST R 12.0.007-2009, which establishes a system of occupational safety standards together with recommendations for the development of local labor protection regulations.
GOST 12.0.004-90
GOST R 12.0.007-2009
Instructions
If all of the above by-laws are applied only selectively depending on the specifics of the enterprise, then the Instructions should be present in all companies, but they are developed independently by the enterprise, depending on the specifics of work, or standard ones are used based on industry agreements.
For example, it is not necessary to develop instructions when working on a sharpening machine; you can use a similar document developed at the industrial level.
Rules
But the Rules are used in an established form, approved by legislative acts - in particular, industry orders, but again depending on the specifics of labor.
However, some Rules must be present in every institution, regardless of the area of activity. For example, Fire Safety Rules approved by Resolution No. 390.
Otherwise, the list of rules will depend on what kind of equipment the company works with, as well as in what industry, construction or industrial, which also has its own established rules.
Decree of the Government of the Russian Federation of April 25, 2012 N 390
Occupational safety documents
How to organize office work on labor protection?
What LNA should be in the organization?
Who is responsible for the availability, storage and updating of occupational safety and health documents?
How to create a list of cases?
In accordance with Art. 211 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), rules, procedures, criteria and standards aimed at preserving the life and health of workers in the process of work are established by state regulatory requirements for labor protection contained in federal laws and other regulatory legal acts of the Russian Federation and constituent entities of the Russian Federation .
The requirements included in the listed documents must be observed by legal entities and individuals when carrying out any types of activities, including the design, construction (reconstruction) and operation of facilities, the design of machines, mechanisms and other equipment, the development of technological processes, the organization of production and labor.
Based on state regulatory requirements for occupational safety and health at the enterprise, all necessary documents must be developed and approved by the employer at the level of local regulations (hereinafter referred to as LNA), defining the procedure for the functioning of the occupational safety and health management system (OSMS), the safe performance of all types of work, operation and maintenance of production facilities. equipment containing a detailed description of how any particular operation or activity is to be performed. The purpose of the manual is to inform employees, and, if necessary, contractors, consumers, customers or other interested parties, about how the organization ensures the organization of occupational safety and health work and compliance with government regulatory requirements.
Office work on labor protection is organized within the framework of the general procedure for document flow at a given employer and is carried out in accordance with this established procedure, taking into account the specifics of labor protection work.
When organizing document flow, you should highlight:
- external documentation;
- organization management documentation;
- department documentation;
- documents at workplaces.
Labor protection documentation developed at the enterprise must be readable, easily identifiable, and accompanied by an indication of the date of implementation and validity period; be stored for a specified period. Methods for developing and updating documents, monitoring the information contained in them, and the responsibilities of officials should also be defined in order to:
- documents were periodically analyzed, if necessary, corrected and approved by authorized persons;
- copies of recorded documents and accepted data were available at all places where their use is necessary for the effective functioning of the OSMS;
- canceled documents and data were accordingly withdrawn from all places of their storage, distribution and use or protected in some other way to prevent their unintentional use;
- Archived documents and data related to legally regulated requirements were retained in accordance with the requirements of relevant regulations or to preserve accumulated information. In this case, outdated documents and data must be marked accordingly.
The storage periods for all types of documents, including labor safety documents, are established by the List of standard management archival documents generated in the course of the activities of state bodies, local governments and organizations, indicating storage periods (hereinafter referred to as the List), approved by the Order of the Ministry of Culture of Russia dated August 25. 2010 No. 558 (as amended on February 16, 2016).
For your information
The storage period for documents not listed in the List can be set by the organization independently, for example, 1 year after replacement with new ones.
Organizational and methodological work, preparation of management decisions in the field of labor protection and control over their implementation are carried out by specialists from the labor protection service.
The availability and maintenance of labor protection documentation is regulated by the employer’s local act and is an integral part of the OSMS, which describes what and how the employer should do (in his own interests), while ensuring the fulfillment of his duties assigned to him by Art. 212 Labor Code of the Russian Federation.
To form a complete list of LNA and take into account all state regulatory requirements for labor protection, it is advisable to first develop a list of regulatory legal acts (hereinafter referred to as NLA) containing state regulatory requirements for labor protection, in accordance with the specifics of the activities of a particular enterprise.
A set of such legal acts in accordance with Art. 212 of the Labor Code of the Russian Federation should be in every enterprise.
Next, taking into account the requirements of these documents, it is necessary to develop and put into effect by order of the head of the enterprise a list of occupational safety and health regulations, the availability, maintenance and storage of which must be organized in the organization. The developed list must contain information about the timing and persons responsible for the storage of the LNA specified in it (an approximate list of LNA is in Appendix 1).
Such a list of LNA can be developed both for the organization as a whole and for its divisions. At the same time, for each functional unit, places for permanent storage of working and control copies of labor protection documentation are determined with a specific List of documents for each workplace and an indication of the person responsible for the completeness and condition of these documents in the specified location.
Among these documents, the first things to keep in mind are:
- labor protection instructions for professions and (or) types of work performed;
- logs of registration of instructions at the workplace, records of the issuance of work permits for work with increased danger;
- closed work orders for high-risk work;
- microtrauma logs;
- step control logs (if available);
- acts of rejecting faulty tools;
- test reports and (or) inspection of tools and equipment, etc.
Heads of functional departments ensure the staffing of normative and legal documents and organize work on timely updating and provision of information to their employees on the state of the regulatory framework in the field of labor protection.
Labor protection documentation should be issued to personnel only with a mark in the form of the signature of the employee who received it, in order to avoid misunderstandings associated with the careless handling of labor protection documentation by individual employees (including its loss).
Let's consider several situations that arose as a result of violation of document management rules.
Example 1
An accident occurred with a worker who, while performing work, was not wearing special shoes with reinforced toes: the striker flew off the hammer handle, damaging the toes of his left foot.
During the investigation, the commission came to the conclusion that the cause of the accident was, among other things, the lack of special footwear established by the standards.
The fact that special footwear was issued to the employee is confirmed by a personal card for recording the issuance of personal protective equipment, but it was not available at the enterprise. As a result, in paragraph 10 of act N-1, the person who committed violations of labor protection requirements was the victim’s manager, who did not issue a personal card (his direct job responsibility) and allowed the employee to work without personal protective equipment.
By order of the employer, he was reprimanded, and the labor protection specialist was reprimanded for improper performance of official duties in terms of monitoring compliance with established requirements.
Let us note that if a serious accident occurred, the investigation of which should be carried out under the chairmanship of the Rostrudinspektsiya, a fine of 20 to 30 thousand rubles would be imposed on the official who committed the violation, and on the employer - from 130 to 150 thousand rubles (p 5 Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation).
Example 2
Based on a complaint from an employee who was fired under Art. 83 clause 5 of the Labor Code of the Russian Federation, a documentary inspection was carried out at the enterprise by the Rostrudinspektsiya. The employer was unable to confirm the presence of medical contraindications - the medical report issued in the prescribed manner based on the results of a periodic medical examination after the dismissal of the employee was destroyed by the HR department inspector.
As a result, the employee was reinstated at his previous place of work, the employer paid him wages for the period of forced downtime and paid a fine for violating labor laws in the amount of 30,000 rubles in accordance with Art. 5.27 Code of Administrative Offenses of the Russian Federation.
Example 3
At the end of the temporary disability of the victim, the labor protection specialist sent a message to the state labor inspectorate about the consequences of the industrial accident and the measures taken in the prescribed form.
After some time, the victim’s employer received an order from the Rostrudinspektsion to immediately send the specified message, since he did not do so within the prescribed period. The employer wanted to submit a message submitted on time with a note of acceptance by the Rostrudinspektsiya, but it turned out that a copy of the document was missing, and the labor protection specialist who took it to the Rostrudinspektsiya quit.
For late submission of documents following an accident at work, the employer was fined 50,000 rubles in accordance with Art. 5.27 Code of Administrative Offences. After this, the enterprise developed a procedure defining the mechanism for transferring all documents to be stored, according to the inventory, from the resigning employee to the hired one.
Now, having found out the number and name of the necessary legal and regulatory documents, LNA, indicating the periods of their storage, identifying the officials responsible for their development, revision and availability at workplaces, as well as establishing the units in which certain LNA should be maintained and stored, we can group documents on areas of activity and create a list of cases for the labor protection service (an approximate list of cases is given in Appendix 2).
Documents grouped into files must be stored at the place of their formation for two to three years, after which they can be transferred to the company’s archive (departmental (industry) or joint archive).
Documents that are not subject to archival storage are kept in short-term storage for a specified period of time, after which they are destroyed in accordance with the established procedure.
Only employees responsible for ensuring the safety of files (documents) currently in storage should have access to storage facilities. If such an employee resigns, he must hand over all documents in storage according to the inventory.
Annex 1
SCROLL
local regulatory documents on labor protection
| No. | Local Document | Explanations, basis | Shelf life | Responsible for storage and updating | Base |
| Organization of labor protection work | |||||
| 1 | Enterprise standard “Occupational Safety and Health Management System” | Article 212 of the Labor Code of the Russian Federation, Model regulations on the labor protection management system | constantly | Head of Labor Safety Service | clause 25 of Order No. 558 |
| 2 | Internal labor regulations | Chapter 29 of the Labor Code of the Russian Federation | 1 year after replacement with new ones | Head of HR Department | clause 773 of Order No. 558 |
| 3 | Collective agreement | Chapter 7 of the Labor Code of the Russian Federation | constantly | Head of Planning and Economic Department | clause 576 of Order No. 558 |
| 4 | Order (instruction) on the appointment of those responsible for ensuring labor safety requirements | Enterprise standard “Occupational Safety and Health Management System” | constantly | Head of Labor Safety Service | clause 77 of Order No. 558 |
| Financing of occupational safety measures | |||||
| 5 | Agreement on labor protection, measures to improve working conditions and labor protection, approved by Order No. 7/N | Basis – art. 226 of the Labor Code of the Russian Federation, order of the Ministry of Health and Social Development of Russia dated 03/01/2012 No. 181n (as amended on 06/16/2014) “On approval of the Standard List of measures annually implemented by the employer to improve working conditions and safety and reduce levels of occupational risks” | constantly | Head of Labor Safety Service | item 604 Order No. 558 |
| Documents regulating labor protection responsibilities | |||||
| 6 | Regulations on the labor protection service | Article 217 of the Labor Code of the Russian Federation | constantly | Head of HR Department | clause 55 of Order No. 558 |
| 7 | Job description of a labor protection specialist | Developed in accordance with Order of the Ministry of Health and Social Development of Russia dated May 17, 2012 No. 559n (as amended on February 20, 2014). Basis - Article 217 of the Labor Code of the Russian Federation | constantly | Head of HR Department | clause 77 of Order No. 558 |
| 8 | Job descriptions for managers and specialists | Enterprise standard “Occupational Safety and Health Management System” | constantly | Head of HR Department | clause 77 of Order No. 558 |
| 9 | Instructions on job responsibilities | Enterprise standard “Occupational Safety and Health Management System” | constantly | Head of HR Department | clause 77 of Order No. 558 |
| Organization and conduct of a special assessment of working conditions | |||||
| 10 | Order on the creation of a commission | Article 212 of the Labor Code of the Russian Federation | 45 years, under difficult, harmful and dangerous working conditions - 75 years | Head of Labor Safety Service | clause 605 of Order No. 558 |
| 11 | Report on a special assessment of working conditions | ||||
| Guarantees and compensation for work in harmful and (or) dangerous working conditions | |||||
| 12 | List of positions and professions for which increased wages are established for work in hazardous working conditions | It is an annex to the collective agreement and is brought to the attention of the employees involved. Basis - art. 147 Labor Code of the Russian Federation | constantly | Head of Planning and Economic Department | clause 576 of Order No. 558 |
| 13 | List of positions and professions that are granted additional leave for work in hazardous working conditions | It is an annex to the collective agreement and is brought to the attention of the employees involved. Basis - art. 117 Labor Code of the Russian Federation | constantly | Head of Planning and Economic Department | clause 576 of Order No. 558 |
| 14 | List of professions and positions that are subject to a reduced working day for work in hazardous working conditions | It is an annex to the collective agreement and is brought to the attention of the employees involved. Basis - art. 92 Labor Code of the Russian Federation | constantly | Head of Planning and Economic Department | clause 576 of Order No. 558 |
| 15 | Names of professions and positions entitled to early assignment of an insurance pension | It is indicated in the special assessment cards of working conditions and brought to the attention of the employees involved. Basis - art. 30 of the Federal Law of December 28, 2013 No. 400-FZ (as amended on December 19, 2016) “On Insurance Pensions” | 75 years old | Head of HR Department | clause 901 of Order No. 558 |
| 16 | List of industries, professions and positions in which work gives the right to receive free milk due to harmful working conditions | It is an annex to the collective agreement and is brought to the attention of the employees involved. Basis - art. 222 of the Labor Code of the Russian Federation, Decree of the Government of the Russian Federation dated March 13, 2008 No. 168 (as amended on June 28, 2012), Order of the Ministry of Health and Social Development of Russia dated February 16, 2009 No. 45n (as amended on February 20, 2014) | constantly | Head of Planning and Economic Department | clause 576 of Order No. 558 |
| 17 | List of jobs and professions with harmful and (or) dangerous working conditions, in the performance of which the use of women’s labor is prohibited | Article 253 of the Labor Code of the Russian Federation, Decree of the Government of the Russian Federation dated February 25, 2000 No. 162 | constantly | Head of HR Department | clause 611 of Order No. 558 |
| Training and testing of knowledge on labor protection | |||||
| 18 | Enterprise standard “Organization of training and testing of knowledge of labor protection requirements” | Article 212 of the Labor Code of the Russian Federation, The procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations, approved by Resolution of the Ministry of Labor of Russia, the Ministry of Education of Russia dated January 13, 2003 No. 1/29 (as amended on November 30, 2016; hereinafter referred to as the Procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations) | 5 years | Head of Labor Safety Service | clause 624 of Order No. 558 |
| 19 | Induction program | The procedure for training on labor protection and testing knowledge of labor protection requirements for employees of organizations, Enterprise Standard “Organization of training and testing knowledge of labor protection requirements” | 5 years | Occupational Safety Specialist | clause 624 of Order No. 558 |
| 20 | Induction training log | The procedure for training on labor protection and testing knowledge of labor protection requirements for employees of organizations, Enterprise Standard “Organization of training and testing knowledge of labor protection requirements” | 10 years | Occupational Safety Specialist | clause 626 of Order No. 558 |
| 21 | List of professions and positions of workers exempt from on-the-job training | The procedure for training on labor protection and testing knowledge of labor protection requirements for employees of organizations, Enterprise Standard “Organization of training and testing knowledge of labor protection requirements” | together with the enterprise standard “Organization of training and testing of knowledge of labor protection requirements” | ||
| 22 | Labor protection training program for managers and specialists | Developed on the basis of standard training programs. Basis - Procedure for training on labor protection and testing knowledge of labor protection requirements for employees of organizations, Enterprise Standard “Organization of training and testing knowledge of labor protection requirements” | 5 years | Head of Labor Safety Service | clause 624 of Order No. 558 |
| 23 | Training programs on labor protection for blue-collar workers | The procedure for training on labor protection and testing knowledge of labor protection requirements for employees of organizations, Enterprise Standard “Organization of training and testing knowledge of labor protection requirements” | 5 years | Occupational Safety Specialist | clause 624 of Order No. 558 |
| 24 | Logbook for occupational safety training | Enterprise standard “Organization of training and testing of knowledge of labor protection requirements” | 10 years | Occupational Safety Specialist | item 626 order No. 558 |
| 25 | On-the-job training program | The procedure for training on labor protection and testing knowledge of labor protection requirements for employees of organizations, Enterprise Standard “Organization of training and testing knowledge of labor protection requirements” | 5 years | Occupational Safety Specialist | clause 624 of Order No. 558 |
| 26 | On-the-job training log | Enterprise standard “Organization of training and testing of knowledge of labor protection requirements” | 10 years | Occupational Safety Specialist | clause 626 of Order No. 558 |
| 27 | Lists of persons responsible for conducting internships, duplication | Enterprise standard “Organization of training and testing of knowledge of labor protection requirements” | together with the enterprise standard “Organization of training and testing of knowledge of labor protection requirements” | ||
| 28 | Internship and duplication programs | Enterprise standard “Organization of training and testing of knowledge of labor protection requirements” | |||
| 29 | Order on the creation of a commission to test knowledge of labor protection requirements for managers and specialists | The procedure for training on labor protection and testing knowledge of labor protection requirements for employees of organizations, Enterprise Standard “Organization of training and testing knowledge of labor protection requirements” | 5 years | Head of Labor Safety Service | clause 624 of Order No. 558 |
| 30 | Order on the creation of commissions to test knowledge of labor protection requirements for department employees | The procedure for training on labor protection and testing knowledge of labor protection requirements for employees of organizations, Enterprise Standard “Organization of training and testing knowledge of labor protection requirements” | 5 years | Occupational Safety Specialist | clause 624 of Order No. 558 |
| 31 | Orders of the manager on training and testing of knowledge on labor protection of managers and specialists | The procedure for training on labor protection and testing knowledge of labor protection requirements for employees of organizations, Enterprise Standard “Organization of training and testing knowledge of labor protection requirements” | 5 years | Occupational Safety Specialist | clause 624 of Order No. 558 |
| 32 | Orders of the manager on conducting training and testing knowledge on labor protection of department employees | The procedure for training on labor protection and testing knowledge of labor protection requirements for employees of organizations, Enterprise Standard “Organization of training and testing knowledge of labor protection requirements” | 5 years | Occupational Safety Specialist | clause 624 of Order No. 558 |
| 33 | Protocols for testing knowledge of labor protection requirements | The procedure for training on labor protection and testing knowledge of labor protection requirements for employees of organizations, Enterprise Standard “Organization of training and testing knowledge of labor protection requirements” | 5 years | Occupational Safety Specialist | clause 625 of Order No. 558 |
| 34 | Certificates of testing knowledge of labor protection requirements | The procedure for training on labor protection and testing knowledge of labor protection requirements for employees of organizations, Enterprise Standard “Organization of training and testing knowledge of labor protection requirements” | before replacing with new ones | Worker | — |
| Development of labor protection instructions | |||||
| 35 | Enterprise standard “Procedure for the development, approval and revision of labor protection instructions” | Article 212 of the Labor Code of the Russian Federation, Methodological recommendations for the development of state regulatory requirements for labor protection, approved by Resolution of the Ministry of Social Development of Russia dated December 17, 2002 No. 80 | Before replacing with a new one | Head of Labor Safety Service | — |
| 36 | List of labor safety instructions in force in the department | Resolution of the Ministry of Social Development of Russia dated December 17, 2002 No. 80 | 5 years | Occupational Safety Specialist | clause 624 of Order No. 558 |
| 37 | Labor safety instructions | Resolution of the Ministry of Social Development of Russia dated December 17, 2002 No. 80, Enterprise Standard “Procedure for the development, approval and revision of labor protection instructions” | 5 years | Occupational Safety Specialist | clause 624 of Order No. 558 |
| 38 | Journal of occupational safety instructions | Resolution of the Ministry of Social Development of Russia dated December 17, 2002 No. 80 | 5 years | Occupational Safety Specialist | clause 624 of Order No. 558 |
| 39 | Logbook for issuing labor safety instructions | Resolution of the Ministry of Social Development of Russia dated December 17, 2002 No. 80 | 5 years | Head of department | clause 624 of Order No. 558 |
| 40 | Order to extend the validity period of labor protection instructions | Resolution of the Ministry of Social Development of Russia dated December 17, 2002 No. 80 | 5 years | Occupational Safety Specialist | clause 624 of Order No. 558 |
| Organization and conduct of medical examinations | |||||
| 41 | Order on organizing and conducting preliminary and periodic medical examinations of workers engaged in work with harmful and (or) dangerous working conditions | Article 213 of the Labor Code of the Russian Federation, Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n (as amended on December 5, 2014) | constantly | Head of HR Department | clause 645 of Order No. 558 |
| 42 | List of employees subject to preliminary and periodic medical examinations | Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n | constantly | Head of Labor Safety Service | clause 645 of Order No. 558 |
| 43 | Name list of employees subject to periodic medical examination | Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n | constantly | Head of HR Department | clause 645 of Order No. 558 |
| 44 | Order on organizing and conducting a psychiatric examination | Article 213 of the Labor Code of the Russian Federation, Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n | constantly | Head of HR Department | clause 645 of Order No. 558 |
| 45 | List of employees subject to psychiatric examination | Order on organizing and conducting a psychiatric examination | constantly | Head of HR Department | clause 645 of Order No. 558 |
| 46 | Name list of employees subject to psychiatric examination | Order on organizing and conducting a psychiatric examination | constantly | Head of HR Department | clause 645 of Order No. 558 |
| 47 | Regulations on conducting pre-shift, pre-trip and post-shift, post-trip medical examinations of metro workers | Article 213 of the Labor Code of the Russian Federation, Order of the Ministry of Health of Russia dated December 15, 2014 No. 835n | constantly | Head of Labor Safety Service | clause 645 of Order No. 558 |
| Providing personal protective equipment, cleaning agents and disinfectants | |||||
| 48 | Rules for providing enterprise employees with personal protective equipment | Article 221 of the Labor Code of the Russian Federation, Order of the Ministry of Health and Social Development of Russia dated June 1, 2009 No. 290n (as amended on January 12, 2015) | 3 years | Head of Labor Safety Service | clause 637 of Order No. 558 |
| 49 | Enterprise standard “Providing workers with flushing and (or) neutralizing agents” | Articles 212, 221 of the Labor Code of the Russian Federation, order of the Ministry of Health and Social Development of Russia dated December 17, 2010 No. 1122n (as amended on February 20, 2014) “On approval of standard standards for the free distribution of flushing and (or) disinfectants to workers and the labor safety standard “Providing workers with flushing and ( or) neutralizing agents"" | 3 years | Head of Labor Safety Service | clause 637 of Order No. 558 |
| 50 | Order on organizing the washing and repair of workwear and appointing those responsible | Article 221 of the Labor Code of the Russian Federation, Order of the Ministry of Health and Social Development of Russia dated June 1, 2009 No. 290n | 3 years | Head of Labor Safety Service | clause 637 of Order No. 558 |
| 51 | Personal cards for issuing personal protective equipment | Order of the Ministry of Health and Social Development dated June 1, 2009 No. 290n | 3 years | Head of Labor Safety Service | clause 637 of Order No. 558 |
| 52 | Personal cards for recording the issuance of flushing and neutralizing agents | They are filled out for each employee to whom funds are personally issued, or they are provided centrally. Basis - order of the Ministry of Health and Social Development No. 1122n | 3 years | Head of the relevant department | clause 637 of Order No. 558 |
| 53 | List of workplaces where flushing and (or) neutralizing agents are provided | It is an annex to the collective agreement; the norms are brought to the attention of the employees involved by an entry in the employment contract. Basis - Order of the Ministry of Health and Social Development of Russia No. 1122n | 3 years | Head of Labor Safety Service | clause 637 of Order No. 558 |
| 54 | List of employees for whom the issuance of flushing and (or) neutralizing agents is required | Basis - order of the Ministry of Health and Social Development of Russia No. 1122n | 3 years | Head of the relevant department | clause 637 of Order No. 558 |
| … | |||||
Appendix 2
SAMPLE NOMENCLATURE OF CASES OF THE LABOR SAFETY SERVICE
| Case index | Title of the case (volume, part) | File storage period and number of articles on the list | Note |
| OT-01 | Service regulations, job descriptions of employees | Constantly, Art. 77 | |
| OT-02 | Management orders on labor protection issues | DMN, Art. 19a | |
| OT-03 | Comprehensive plans to improve conditions and labor protection | Constantly, art. 604 | |
| OT-04 | Action plans to improve working conditions for workers | 5 years, Art. 608 | |
| OT-05 | Documents (certificates, protocols, proposals, justifications, recommendations) on the status and measures to improve working conditions and labor protection | Constantly, Art. 606 | |
| OT-06 | Annual reports on the state of labor protection | Constantly, Art. 464b | |
| OT-07 | Standards for the provision of protective clothing and footwear, equipment, special food, cleaning agents and disinfectants | Constantly, Art. 638a | |
| OT-08 | Documents (acts, conclusions, correspondence) on providing workers with special clothing, footwear, and special food | 3 years, Art. 637 | |
| OT-09 | Acts of investigation of occupational poisonings and diseases | 75 years old, EPK, Art. 622 | |
| OT-10 | Documents (acts, conclusions, reports, protocols, certificates) on industrial accidents and accidents | 75 years old, EPK, Art. 632a | Associated with major material damage and human casualties - constantly |
| OT-11 | Accident logs | Constantly, Art. 630 | |
| OT-12 | Acts, regulations on labor protection; documents on their implementation | 5 years, EPC, Art. 603 | |
| OT-13 | Logbooks for introductory briefing on labor protection | 10 years, Art. 626b | |
| OT-14 | Protocols for testing knowledge on labor protection | 5 years, Art. 625 | |
| OT-15 | Documents (programs, lists, correspondence) on the training of workers in labor protection | 5 years, Art. 624 | |
| OT-16 | Documents (decrees, acts, reports, certificates) on the sanitary condition of the organization | 5 years, EPC, Art. 641 | |
| OT-17 | Documents (lists, lists, correspondence) on medical examinations of workers | 5 years, Art. 646 | |
| OT-18 | Documents on special assessment of working conditions | 45 years. EPK, Art. 602 | In severe harmful and dangerous working conditions - 75 years |
| OT-19 | Provisions and standards of the enterprise regulating work on labor protection | Constantly, Art. 25 | |
| OT-20 | Documents on financing preventive measures to reduce occupational injuries and occupational diseases of workers and sanatorium and resort treatment of workers engaged in work with harmful and (or) hazardous production factors | 5 years, Art. 623 | |
| OT-21 | Social partnership (collective agreement, documents on the creation of a committee (commission) on labor protection) | DMN | |
| OT-22 | Acts, instructions of supervisory and control bodies, documents on their implementation | 5 years, Art. 173 | |
| OT-23 | Management orders for core activities (copies) | DMN, Art. 19a | The originals are in the management reception area |
DMN - “until the need passes” (cannot be less than 1 year).
EPC (TsEK, EK) - some documents can be classified as “permanent” storage period.
The shelf life “permanently” cannot be less than ten years.
Regulatory documents of the constituent entities of the Russian Federation and municipalities
The list of documents used in the creation of labor protection services and local documentation can be increased due to regional legislation, because local government bodies, on the basis of the law, also have the right to issue regulations governing certain types of legal relations in the constituent entities of the federation.
And since enterprises carry out economic activities on the territory of the constituent entities, the laws issued by local authorities are also mandatory for application.
For example, the Moscow Department of Labor has developed a Procedure for organizing work on safety and labor protection in the form of a methodological manual that can be used when creating local acts in this field of activity. And in St. Petersburg, a Model of a methodological plan for training and testing knowledge in the field of labor protection was approved.
What is targeted occupational safety training? In what cases are occupational safety knowledge tests carried out at an enterprise? Find out here.
What is initial training in labor safety? See here.
Labor and other codes
The main legislative act that regulates labor relations, including in the field of labor protection, is the Labor Code. This regulatory document is an act of federal significance, and all other regulatory documents must not contradict the provisions of the Labor Code of the Russian Federation.
In addition to the Labor Code of the Russian Federation, the right to safe work is established by the Constitution of the Russian Federation. In accordance with Part 3 of Art. 37 of the Constitution of the Russian Federation, every citizen has the right to work in safe conditions that meet all the requirements established by law.
Local acts
Resolution of the Ministry of Culture No. 558 contains a list of documents on safe work activities, which are recommended to be published in each institution, but taking into account the specifics.
After all, the stipulated Resolution contains an exhaustive list of local documents, some of which are not advisable to have in small enterprises.
In the organisation
Regardless of what area the company is involved in, as well as what specifics it has, the main documents listed below must be published or must be available for review:
- an order to assign responsibilities to an authorized person for the management of the field of labor protection or to create a service;
- job description, if there is a full-time specialist whose main responsibilities include only labor protection, as well as monitoring compliance with the law in the specified area, not to mention conducting briefings and other safety measures;
- the program for conducting each type of instruction based on the regulatory framework can be approved by issuing one document, namely the Regulations;
- log of registration of briefings;
- workplace certification cards for identifying harmful factors;
- schedule for examinations in medical institutions;
- instructions for the safe use of equipment or tools;
- order to create a commission to test knowledge of labor protection and safe work practices;
- a list of positions that require special clothing and, accordingly, a list of protective equipment;
- personal cards of employees;
- list and norms for the distribution of milk or special food.
Other legal acts
Other documents that directly relate to labor protection include federal regulations. By-laws on labor protection are the following types of regulatory documents:
- Resolutions, for example, Government Resolution No. 1160, Ministry of Labor of the Russian Federation No. 14, Ministry of Labor of the Russian Federation No. 30 and many others.
- Orders, in particular, Order of the Ministry of Labor No. 438-n, No. 412-n, Order of the Ministry of Health No. 302-n and others.
- GOSTs established by the state for the normal functioning of the enterprise and production of products according to safety rules are GOST 12.0.004-90, GOST R 12.0.007-2009 and other documents.
- Instructions, which may include annexes to orders or regulations. These documents establish, for example, the rules for conducting training at the enterprise.
- Rules that are established by acts of ministries and departments depending on the characteristics of labor at the enterprise.
The document flow on labor protection is voluminous, since the life of the working population of the country depends on compliance with all norms established by law.
Types of liability for violation of labor protection legislation.
The current legislation of the Russian Federation provides for various types of liability of managers, officials and organizations for violations related to labor protection.
Administrative liability occurs if:
- violations not related to criminal prosecution; (liability is determined in the form of a fine from 5 to 50 minimum wages;
- violation or failure to fulfill obligations under a collective agreement, a fine of 30 to 50 minimum wages;
- concealment of an insured event with mandatory social insurance. insurance against accidents at work (fine 3-5 minimum wages, and for a legal entity 50-100 minimum wages).
Employees’ participation in occupational safety management is carried out when:
- special assessment of working conditions (SOUT);
- production control;
- control and assessment of the state of labor conditions and safety at the production facility.
The representative body of employees of JSC Russian Railways is ROSPROFZHEL. Employees' proposals for improving labor conditions and safety are considered in labor protection committees (commissions) and taken into account in the section “Improving labor conditions and safety” of the collective agreement. A collective agreement is an agreement between representatives of the management of JSC Russian Railways and representatives of employees, represented by the management of ROSPROFZHEL. Technical labor inspectors of ROSPROFZHEL, freelance technical labor inspectors and authorized (trusted) persons for labor protection in the prescribed manner freely visit the production units of JSC Russian Railways to conduct inspections of compliance with labor legislation and other regulatory legal acts containing labor law standards, legislation on trade unions , as well as fulfillment of the terms of the employment contract. Technical labor inspectors of ROSPROFZHEL submit submissions, demands and proposals to eliminate identified violations of labor protection requirements, which are mandatory for consideration by officials. The Technical Labor Inspectorate carries out its functions in accordance with the regulations approved by Rosprofzhel. Authorized (trusted) persons for labor protection perform their functions in accordance with the Model Regulations on the authorized (trusted) person for labor protection of a trade union, taking into account the features and specifics of the work in accordance with the regulations approved by ROSPROPZHEL. The heads of branches and structural divisions of JSC Russian Railways provide, in the prescribed manner, to the relevant elected body of ROSPROZHEL information about the measures taken, the implementation of measures to improve working conditions and labor protection and eliminate the causes of accidents and occupational diseases.
