The person responsible for labor protection at the enterprise: legal requirements


The main responsibilities of the occupational safety officer

A job description must be developed for the person responsible for labor protection or the existing one must be supplemented if the employee performs this function part-time with his main job. The job description includes the responsibilities of the person responsible for occupational safety. Typically, the person responsible for occupational safety and health is assigned the following responsibilities:

  1. Monitoring employees' compliance with all workplace safety standards and regulations;
  2. Organizing training for employees on workplace safety;
  3. Organizing medical examinations - if the company has positions that require a medical examination. The person responsible for labor protection enters into an agreement with a medical institution, and also carries out other measures necessary in these cases.
  4. If the company’s staff includes specialists who must undergo a medical examination, but refuse to undergo it, the person responsible for occupational safety must ensure that they are not allowed to work.

Also, the person responsible for occupational safety may be responsible for providing the company’s employees with PPE. At the same time, it is also necessary to ensure that clothes and shoes that are out of order are replaced in a timely manner. This is to reduce the risk of injury in the workplace.

https://youtu.be/0QPXzF4Kpjc

What labor protection documents should an employer have: list and samples

Any occupational safety measure must be documented. It is possible to carry out effective actions, but without proper registration and accounting, the results will not be saved for the future, and the GIT inspector believes not only in deeds, but also in documents. It’s even worse if instead of business at the enterprise there are only documents. This happens if the occupational safety specialist does not know how to optimize document flow on labor protection.

List of documents on labor protection in a small organization

If the enterprise does not have an occupational safety service and there is no occupational safety specialist, the manager himself can lead the occupational safety work. But this situation is only possible in organizations of up to 50 people. In this case, there is no need to draw up a job description for an occupational safety specialist or develop regulations on the occupational safety service. But other documents must be available.

In this case, the manager himself does not need professional retraining in labor protection; it is enough to study at the training center according to a 40-hour program . Therefore, do not write in the order appointing yourself responsible for labor protection the phrase “assign the duties of an occupational safety specialist.” Write “assign OT responsibilities.”

An approximate list of occupational safety documents if the organization does not have an occupational safety specialist

  1. Regulations on the labor protection management system
  2. Order on the appointment of persons responsible for labor protection
  3. OSH induction program
  4. Induction training log
  5. On-the-job training programs
  6. List of professions and positions of workers exempt from initial training at the workplace
  7. Order on approval of labor protection instructions
  8. Regulations on on-the-job internships along with internship programs
  9. Order (instruction) of the head of the organization on the creation of a permanent commission to test knowledge of labor protection requirements
  10. Industrial sanitary control program
  11. Labor protection training programs by position, profession
  12. List of employees subject to medical examinations
  13. List of workplaces and list of employees for whom the issuance of flushing and neutralizing agents is required
  14. Order on organizing the free distribution of flushing and (or) neutralizing agents to employees
  15. Order on approval of the list of workplaces and the list of employees for whom the constant availability of soap or dispensers with liquid detergent is ensured in sanitary premises
  16. Labor protection instructions for each profession or position
  17. List of professions and positions that are provided with free workwear, safety footwear and other personal protective equipment
  18. Regulations on providing workers with personal protective equipment
  19. Copies of certificates and declarations of conformity for PPE and flushable products
  20. Personal cards for issuing personal protective equipment
  21. Order on the creation of a commission to conduct a special assessment
  22. Order approving the schedule for a special assessment of working conditions
  23. List of harmful and (or) hazardous production factors subject to research (testing) and measurement
  24. NS registration log
  25. Action program to improve working conditions and safety
  26. Order on the preparation of an action plan to improve working conditions and safety
  27. List of positions and professions requiring assignment to personnel of group I in electrical safety
  28. Logbook for assignment of group I for electrical safety to non-electrical personnel
  29. Order on the appointment of a person responsible for assigning electrical safety group I to non-electrical personnel
  30. Order on the appointment of a person responsible for the operation of racks

Attention! This list is not exhaustive. But it is enough to start working on labor protection.

★ If the enterprise has more than 50 employees, then it is necessary to hire a labor protection specialist, or create an occupational safety service (Article 217 of the Labor Code of the Russian Federation). This means that to the above documents you need to add a job description for a labor protection specialist . There is no need to develop the service regulations separately, because the responsibilities of the manager and occupational safety specialist can be regulated in the Regulations on the occupational safety management system.

Job description of a labor protection specialist

How to choose a person responsible for labor protection

The occupational safety specialist must have certain knowledge in this area and have a supporting certificate. If the specialist does not have such a certificate or the document has expired (the certificate is valid for 5 years), the employer must send it to a specialized training center. Training in such centers is paid and, as a rule, payment is made at the expense of the employer.

You can choose an OT specialist:

  • From among the current employees of the company;
  • Hire a new specialist.

As a rule, in large companies a separate position (or even departments) is introduced, in small ones - one of the employees performs this function part-time - on the basis of an order.

The manager himself can also be responsible for labor protection, but for this he also needs to undergo the necessary training and pass exams.

Order on assigning responsibilities for labor protection sample 2020

In small companies, the head of the organization can take full responsibility, but this order is also necessary for this. Most often, the order implies the assignment of responsibility for labor protection.

This is due to the fact that providing personnel with safe conditions when performing work duties is one of the first conditions for the legal functioning of an enterprise, especially those engaged in the manufacturing industry.

Before drawing up a document imposing such obligations on subordinates, they should be given a course of appropriate training.

In the future, certificates, certificates, etc.

documents confirming the qualifications of employees must be attached to the order appointing responsible persons.

Job responsibilities of a labor protection specialist

The meaning of this document is that the employer retains the function of organizing safe conditions in the enterprise as a whole, and designated responsible persons on site ensure control over the fulfillment by employees of duties in the field of safety of their professional activities, of which workers do not have many (): comply and comply with labor safety regulations; correctly apply (use) personal and collective protective equipment; do not shy away from training in the field of labor protection (this includes briefings, internships, knowledge testing, etc.); do not hush up incidents, inform the employer about any situation that may (even theoretically) threaten the life and health of workers (in the event of an accident, an employee who did not report a possible danger, in the event of a negative set of circumstances

The editors of the magazine “Handbook of Occupational Safety and Health Specialist” have prepared a selection of articles that will help both beginners and experienced specialists get started when moving to another place of work.

For beginners - rules, reminders and cheat sheets. For experienced professionals - life hacks, electronic services and checklists to save time and not miss anything when multitasking. The deadline for execution is given either in each paragraph or is separately summarized for all prescribed actions.

Also called persons who are entrusted with control over the execution of the document. SECURITY 360° Information

Order on the appointment of a person responsible for labor protection: how to draw up and approve

It includes a set of measures that must be carried out to ensure the protection and preservation of the life and health of the company’s employees.

Also, labor protection requires the development of local regulations.

They include: Special labor assessment and monitoring of working conditions at a specific place of work; Creation of a labor protection management system; Organization of work and rest schedules in accordance with the standards; Providing workers with certified protective equipment and specialized clothing; Mandatory training for employees at all stages of work, especially those related to the operation of complex equipment;

How to correctly draw up an order assigning labor protection responsibilities - samples for downloading

Without documentary confirmation of his status, an occupational safety specialist does not have the appropriate administrative powers in relation to the organization’s employees and does not have the right to legally involve them in safety activities.

  • If a combination occurs, the employee’s payment procedure also changes.
    This fact should also be reflected in the relevant order.

    If an employee, in addition to performing his main production functions, is engaged in activities to comply with labor safety standards within his working hours, an appropriate additional payment must be made.

  • We also offer orders for:

    The execution of an order for assignment must be carried out in accordance with federal GOST standards and document management rules. Also, the employee drawing up the order must take into account the rules for maintaining internal document flow. Before

Requirements for the order form

An order for the appointment of a person responsible for occupational safety and health is developed by a specialist from the HR department and approved by the company’s management. The order must indicate the following information:

  • Company name, as well as INN, OGRN, address and telephone number;
  • Name of the document (in this case “order”);
  • Place and date of execution of the order;
  • A link to the legal acts in accordance with which the document is issued;
  • FULL NAME. and the position of the employee who is appointed responsible for occupational safety;
  • It is also necessary to indicate the employee who will be assigned the duties of the person responsible for occupational safety during his absence;

The order is signed by the manager and the person appointed responsible for occupational safety. This order must be recorded in the order book.

Requirements for the responsible person

Requirements for the person responsible for labor protection

To appoint a person responsible for occupational safety at an enterprise, the following requirements apply:

  • it is necessary to undergo training in the field of occupational safety (possibly at the enterprise, if there is a training center, as well as in a third-party organization that has the right to conduct such training);
  • it is necessary to have a certificate based on the results of the completed training, and the validity period specified in the document must not expire;
  • if the validity period of the certificate is coming to an end, then it is necessary to organize periodic certification in occupational safety;
  • if the person responsible for labor protection at the enterprise participates in testing knowledge on electrical safety, then the electrical safety group should be assigned at least the same as that of the workers taking the exams.

In practice, we often encounter cases where the person responsible for health and safety is on sick leave or on trade union leave, or on a business trip. What to do in this case? Here it is important to provide for who to appoint as acting for this period.

Therefore, it is recommended that in the organizational document of appointment either a person who performs duties for a temporarily absent employee is specified, or the phrase is written: “During the period of absence, appoint a person who performs functions by order of the head of the facility.” The main thing is that all the requirements for the deputy are the same as for the main employee.

Responsibility of a labor protection specialist

An occupational safety specialist must adhere to the rules and regulations established both by law and by the company in which he performs this function. It is important to know that the occupational safety officer may be held liable for various types of liability, including:

  • Disciplinary responsibility

For improper performance (or non-performance) of one’s job duties;

  • Criminal and administrative liability

In the event that an employee responsible for labor protection commits relevant offenses;

  • Material liability

In the event that the person responsible for occupational safety causes material damage.

Samples of labor protection orders: appointment of a person in charge, training

The employer is responsible for safe working conditions. For this purpose, a separate service is created in the organization or a specialist is appointed whose functions include monitoring the implementation of occupational safety and health (OHS) requirements.

The procedure for appointing a person responsible for labor protection

The procedure for forming a structural unit for labor protection in an organization is regulated by Art. 217 Labor Code of the Russian Federation.

If the number of personnel exceeds 50 people, the position of safety engineer is added to the staff or a special department is created that deals exclusively with security issues. A person responsible for safety precautions is appointed in each structural unit. His duties also include on-the-job training.

IMPORTANT! For the absence of a service or position as an occupational safety engineer in a company with more than 50 jobs, the employer is issued a fine of up to 80 thousand rubles by regulatory structures. (Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation).

The procedure for appointing a person responsible for occupational safety in an institution includes several stages:

  1. Selecting a candidate among subordinates if the staff does not exceed 50 people, or hiring a new employee if the organization is larger.
  2. If an employee is hired from outside, an employment contract will be required indicating the working conditions and salary. When additional duties are assigned to an existing employee, a written amendment or additional agreement to the employment contract is drawn up.
  3. Drawing up an order to appoint a person in charge.
  4. Approval of the list of regulatory documentation on occupational safety: regulations on labor protection, the procedure for conducting scheduled and unscheduled briefings, instructions.

IMPORTANT! In accordance with Art. 151 of the Labor Code of the Russian Federation, expansion of service areas requires additional payment to the employee. The amount of payments is determined by agreement.

Who should be given the responsibility?

In small institutions, the manager often leaves control over compliance with safety rules to himself. If the company's staff exceeds 50 people, this function is assigned, as a rule, to a mid-level manager.

Tasks of an OT engineer:

  • conducting briefings;
  • control of potentially dangerous factors in the labor process;
  • control over the implementation of labor protection rules;
  • investigation of industrial accidents;
  • compilation of occupational safety reports;
  • participation in the work of commissions for certification of workplaces, testing knowledge of occupational safety rules;
  • organizing measures to reduce injuries and occupational diseases, the risk of fire, the harmful effects of electric current, creating optimal working conditions, etc.

IMPORTANT! An occupational safety engineer undergoes special training, which results in a test of knowledge on occupational safety.

Orders on labor protection at the enterprise

Employees of the personnel service, legal department, secretary or responsible specialist are involved in drawing up instructions on occupational safety. Orders are drawn up in free form on an A4 sheet or on the organization’s letterhead.

The document must include the following information:

  • full name of the institution and details;
  • number and date of compilation;
  • Full name and position of the person responsible;
  • list of appointments;
  • signatures of the persons indicated in the text and the director.

Company seal is not a mandatory attribute. The order is issued in a single copy.

About training

The preamble of the administrative act states the need for training in safety rules, indicating references to the Labor Code (Articles 212, 225). The administrative part contains the names and positions of the persons responsible for the instructions.

An example of a training order can be downloaded from this link.

On the appointment of a person in charge

The preamble of the document contains a reference to the provisions of labor law on the need to ensure the proper level of industrial safety at the enterprise. The administrative part appoints a person in charge (name and position are indicated), establishes the amount of his salary or additional payment, a list of duties and responsibilities.

orders can be found here.

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