Who exercises control over the activities of the labor protection service: management bodies

What is a labor safety service?

In the Russian Federation, labor protection means a system created with the aim of preserving the life and health of an employee throughout his working life, which includes the following measures:

• legal;
• socio-economic;
• organizational and technical;
• sanitary and hygienic;
• treatment and prophylactic;
• rehabilitation and others.

The organization of labor protection work is the responsibility of the employer. For these purposes, he forms a labor protection service, which is directly subordinate to the manager or one of his assistants.

This service is an independent structural unit of the enterprise, whose staff includes relevant specialists. The regulatory framework underlying the activities of this unit is legislative and other regulatory legal acts, a collective agreement, and a labor agreement.

In their activities, security service workers must interact with other services, with persons recommended for labor protection by the trade union or work collective, and also with the labor protection authorities of the Russian Federation. The main goal of this service is to create safe working conditions for each employee.

Organization of work of the labor protection service

Occupational safety management is considered the prerogative of the employer (manager). For the initial formation of this service, no special constituent documents are required. But at the same time, when a certain number of employees is reached, and also at the time when the approved structure begins to be used, the employer issues an order to create this service. According to this order, a separate structural unit is formed, which is subordinate to the management of the company or one of the authorized deputies, if such functions are assigned to it.

Following the requirements of labor protection and having an appropriate structure to manage this process is the responsibility of any team with employees of 50 people or more.

For this purpose, an occupational safety service is formed in production or an occupational safety specialist is hired, who is required to have appropriate training or work experience in this specialty.

In the case when the number of the organization does not exceed 50 units, the security functions are performed by the manager himself, who has the status of an individual entrepreneur, or by a person appointed by him. In addition, a specialist worker providing services in this area may be involved in this work in the field of labor protection. Such a specialist is invited to work on the basis of a civil contract. The organization that provides this specialist must be accredited.

Number of occupational safety and health services

At enterprises where the average number of workers does not reach 700 people and there are no workers engaged in heavy work or work associated with harmful and dangerous conditions, security functions are assigned by order to any specialist, possibly a lawyer or accountant.

In a situation where the number of employees of an enterprise is higher than specified, the labor protection functions can be assigned to trained professionals.

For associations of the Russian Federation with a large number of people, in order to properly perform labor protection functions, a labor protection bureau is created, the staff of which consists of 3-5 people together with the head of the bureau.

In addition, it is possible to form a labor protection department, the staffing of which can be 6 or more people. The head of the department, in accordance with the order, is the official who owns:

• planning and organizing the work of the department;
• development of job responsibilities of employees;
• introduction of new employees appointed by order of the manager.

He must provide the employer with proposals for recruiting personnel, rewarding distinguished employees, or applying disciplinary sanctions to employees who did not fulfill their duties.

Control functions

The following control functions are assigned to the occupational safety services in the departments:

• control over employees' compliance with occupational safety standards;
• control over the acquisition of personal protective equipment and personal protective equipment in accordance with GOST;
• control over the provision of special clothing based on an assessment of the working conditions;
• control over the conduct of special assessments of the Republic of Moldova by expert organizations;
• control over timely repairs and testing of production equipment;
• control over measurements of the effective operation of ventilation systems;
• control to ensure trouble-free operation of protective devices and devices;
• ensuring control over the testing of employees' knowledge in the field of TB;
• organization of timely washing, cleaning and repair of protective equipment at the enterprise;
• control over the hygienic condition of premises;
• ensuring control over the implementation of activities in the field of occupational safety;
• control over the admission of employees to perform production tasks and duties;
• The control functions of an safety engineer also depend on the specifics of production.

Structure of the labor protection service

Management of the labor protection service is entrusted to the heads of the organization, taking into account:

• number of employees;
• working conditions;
• existing harmful and dangerous conditions at work;
• other factors.

The regulatory framework that determines the structure, number and other issues related to the organization of the service in question is the Intersectoral Standards developed by Resolution of the Ministry of Labor of the Russian Federation dated January 22, 2001 No. 10. In addition to this document, there is another one - Recommendations on the organization of labor protection services (Resolution of the Ministry of Labor of the Russian Federation dated 02/08/2000 No. 14).

The recommendations provide for a provision according to which the structure of the service includes the head of the unit and specialists who are directly subordinate to the head.

The number of specialists is determined on the basis of the provisions provided for by Intersectoral Standards. The standard number of personnel from which the security service is formed is established on the basis of a calculation that takes into account the functions that the labor “security guards” will perform, as well as other parameters, including:

• number (average) of employees in the organization;
• the number of workers working in hazardous production or associated with harmful and dangerous factors.

Tasks of the labor protection service

In the list of priority tasks assigned to the labor protection service, the main one should be considered the creation of labor protection in any workplace. In other words, the labor protection service in the organization carries out labor protection management.

In parallel with this, the service is obliged to monitor compliance with the regulations of the Russian Federation on labor protection by all employees of the enterprise. A special position among its tasks is occupied by preventive work aimed at preventing occupational diseases and accidents that can cause industrial injuries. It is necessary to improve the existing working conditions in production.

Another task assigned to the labor protection service is that it carries out periodic consultations with employees and employers and systematically informs them on all important issues.

The responsibilities of employees of this service include studying and familiarizing enterprise employees with the recommendations of the best production teams of the district or region of the Russian Federation on labor protection issues. Additionally, it is possible to use a standard provision containing the tasks and functions of the service in similar industries.

What rights does the OT service have?

Rights of employees of the OSH service at the enterprise

Along with the assigned responsibilities and control functions, the occupational safety service is granted the following rights:

1. Specialists are allowed to visit premises and production areas where work is currently being carried out at any time of the day, and no one can prevent this, neither the head of the department nor the manager of the facility.
2. Periodically review the documents on occupational safety, no matter at what level they are adopted, for example, at the federal or local level.
3. Based on identified violations, issue oral comments, make entries in journals, and also issue instructions to department heads. Establish control over implementation.
4. It is mandatory to require the management of the entrusted facility to undergo medical examinations for employees, conduct training on labor protection, and use personal protective equipment by employees.
5. Inform the immediate management of the enterprise about identified violations of a particular person.
6. Conduct preventive conversations with employees who have violated safety requirements and demand written explanations from the latter.
7. Provide incentives to employees who comply with occupational safety requirements, including maintaining order in the workplace and not blocking free passages.
8. Discuss TB issues at meetings.

For each enterprise or organization, these rights will be specified, but the general meaning is that, based on the work done, the safety engineer has the right to write comments, issue instructions, and also recommend employees for reward or punishment. All comments issued must be clearly monitored, only then the activities of the service will be effective.

Main functions of the labor protection service

The responsibilities of occupational safety officers include a variety of functions, the main ones of which include:

• monitoring the implementation of the provisions of the regulatory requirements of the Ministry of Labor of the Russian Federation, as well as local regulations in the area under consideration;
• carrying out certification of workplaces at least once every 5 years;
• investigation of industrial accidents;
• systematic checks of compliance with basic rules on labor protection at work;
• calculation of schedules according to which medical examinations of workers by profession and position are carried out;
• management of the work of new entrants, as well as students who have begun industrial training by order of the head of the educational institution;
• training workers in the rules of safe work at work, conducting introductory, unscheduled, and repeated briefings;
• familiarization of workers with the provisions of instructions, educational literature on labor protection issues at work;
• voicing recommendations and demonstrating practical techniques in the field of providing first aid to victims at work.

In order to carry out the basic functions entrusted to them, labor protection service employees, in addition to their duties, must also have the corresponding rights. Thus, in order to properly perform his main functions, an employee has the right of free access to any production, household, office and other premises of the organization.

He has the right to present mandatory instructions to management necessary to eliminate existing deficiencies. In addition, service employees have the right to receive from managers various documents, instructions, regulations on labor protection and regulatory materials of the Ministry of Labor of the Russian Federation on issues of interest to them.

Types of supervision and control over labor safety

Depending on the affiliation of the inspection organizations, in Russia there are the following types of supervision and control over labor safety:

State. State supervision of labor protection is carried out by specialized inspectorates and government agencies vested with relevant powers. It is carried out at the federal and local levels;

Departmental. Such supervision and control in the field of labor protection is carried out by higher-level organizations. These can be departments, ministries, organizations to which this structure is subordinated in the enterprise system (in a holding, association, union, etc.). The control functions of the organization’s own safety service also belong to this type of supervision;

Public. Thanks to the democratic development of our society, today anyone can check how this type of supervision and control over labor safety works. It is conducted by trade union bodies, various foundations, social movements, parties, the media, individual citizens and representatives of labor collectives on occupational safety issues. Public supervision and control over labor protection requires maximum openness: its results are often widely publicized and published in the media and social networks.

Supreme supervision and control over labor protection in all organizations and enterprises of the country is the prerogative of the Prosecutor General of the Russian Federation. His local functions are performed by lower-ranking prosecutors.