In all organizations, the issue of labor protection will always be relevant. The employer is obliged to provide its employees with everything necessary for quality work and safety. Compliance with the rules requires constant and clear monitoring. For this purpose, a labor protection representative is appointed. The position has certain nuances in work. Therefore, to begin with, it is worth understanding all its features. This will help in the proper organization of working conditions.
Standards in the organization
Who is the Occupational Safety and Health Commissioner - standards of the Labor Code of the Russian Federation and legal regulation
Legislation takes labor protection quite seriously. The person appointed to this position monitors compliance with the rules and regulations established in this labor area and maintains certain documentation. Among the laws regulating this issue it is worth noting:
- Article 370 of the Labor Code. Contains principles allowing trade unions to monitor the work of managers on this issue;
- Resolution of the Ministry of Labor No. 30. Reflects recommendations for authorized persons and their responsibilities. It also regulates the work of specialists in the field of labor protection;
- Federal Law No. 10. Contains the basic rules and recommendations for the work of the trade union.
Important! A trade union representative is a person who provides control and supervision to ensure that legal requirements related to safety are met.
Main tasks and functions of trusted and authorized persons for labor protection
Composition of the commission for testing knowledge on labor protection
The main tasks of such persons are:
- Assistance in creating safe working conditions that fully comply with existing standards;
- Monitoring compliance with laws and the interests of enterprise employees relating to labor protection;
- Representing the interests of employees in difficult disputes, protecting their rights;
- Conducting consultations for workers on labor protection.
Among the functions include mandatory, thorough and constant monitoring of compliance with established safety standards by the employer. The authorized representative participates in commissions, acting as a representative of employees. Such meetings are held on issues of safety of working conditions provided by the organization.
In addition, it monitors that the employer promptly reports any industrial emergencies that have occurred. Takes part in accident prevention activities, is a member of the emergency investigation commission on behalf of the trade union committee or trade union, and organizes first aid. Monitors compliance with all safety standards and reports possible violations to department heads.
What should a person in charge do?
Tasks and functions
An official representing the interests of workers must perform certain duties. The tasks of the Occupational Safety and Health Commissioner are as follows:
- taking part in the development and implementation of safe working conditions;
- control over the organization of labor in a particular company;
- representation of workers in various authorities;
- providing advice to employees.
Responsibilities of the occupational safety representative at the enterprise
Health and Safety Inspector
The responsibilities of such an employee arise from the functions and tasks assigned to him. He needs to monitor compliance with existing standards and participate in the work of the commission. She is also developing instructions for emergency prevention.
At the same time, the range of responsibilities may differ at different enterprises. This is only a recommendation list, some items of which the employer has the right to remove from the duties in his organization.
What is the difference between the person responsible for labor protection and the representative of the trade union committee for labor protection?
Question: Explain the difference between the person responsible for labor protection and the representative of the trade union committee for labor protection?
Answer: First, let's say what the named employees have in common. What they have in common is that both of them are the most important elements of the occupational safety management system in an organization. Now about the differences. Firstly, the appointment system is different. The person responsible for occupational safety is appointed by order of the head of the organization in accordance with GOST 12.0.230-2007 “System of occupational safety standards. Occupational safety management systems. General requirements ILO-OSH2001”, which states that at the level of senior managers of the organization a person or persons must be appointed: - vested with duties, responsibilities and authorities for the development, application, periodic analysis and evaluation of the occupational safety management system; — for periodic reporting to senior management on the effectiveness of the occupational safety management system; — to facilitate the participation of all employees of the organization in work to ensure occupational safety. The authorized representative of the trade union committee for labor protection is elected at a general meeting of workers and acts in accordance with Resolution of the Ministry of Labor of Russia dated 04/08/1994 N 30 “Recommendations for organizing the work of an authorized (trusted) person for labor protection of a trade union or work collective.” Secondly, these specialists solve different problems in the field of labor protection. The person responsible for labor protection is assigned the following responsibilities: 1. Management of work to ensure labor protection by heads of structural divisions. 2. Organizing the implementation of regulatory legal acts on labor protection at the enterprise and monitoring the implementation of the requirements set out in them. 3. Implementation of measures to introduce safe equipment and technology. 4. Compliance with the instructions of state supervision and control bodies in a timely manner. 5. Approval of plans for the placement of equipment, machines, mechanisms and organization of workplaces in accordance with the requirements of safety rules and regulations. 6. Technical supervision over the good condition and safe operation of buildings, premises, social facilities, devices, machines, mechanisms, machine tools and other equipment in accordance with the requirements of the current rules and regulations of safety and industrial sanitation, state labor safety standards. 7. Taking the necessary measures to preserve the life and health of workers in the event of the possibility of emergency situations, including measures to provide first aid to victims. 8. Timely investigation of industrial accidents and cases of occupational diseases in accordance with current regulations, development and implementation of measures to prevent them. 9. Organizing and conducting, in a timely manner, training and testing knowledge on labor protection and labor safety for heads of structural units, specialists, engineers and technical workers and workers. 10. Development of preventive and control measures to prevent and eliminate hazards and risks in production processes and workplaces. 11. Purchase for employees of the enterprise of personal protective equipment (PPE), work clothes and special footwear, disinfectants and detergents in accordance with the current legislation on labor protection, etc. The main tasks of the authorized trade union committee for labor protection are: 1. Promoting the creation at the enterprise (in production unit) healthy and safe working conditions that meet the requirements of labor protection standards and regulations. 2. Monitoring the state of labor protection at the enterprise (in the production unit) and compliance with the legal rights and interests of workers in the field of labor protection. 3. Representation of the interests of employees in state and public organizations in the consideration of labor disputes related to the application of labor protection legislation, the employer’s fulfillment of obligations established by collective agreements or agreements on labor protection. 4. Consulting workers on labor protection issues, providing them with assistance in protecting their rights to labor protection.
Organization of work, rights and responsibilities
Job description of a labor protection specialist
The responsibilities were mentioned above. It is worth understanding the rights of an employee in such a position. Among them:
- Receive data on the state of labor conditions at the enterprise and in a specific department;
- Demand that officials stop work if there is a risk of injury or an emergency;
- Make recommendations to improve the situation with working conditions and safety to managers;
- Contact the appropriate authorities and ask to hold accountable company employees whose actions resulted in violations in the field of labor protection.
The rights also include everything related to the employee’s duties, including participation in commissions, labor disputes, monitoring and verification of compliance with all standards.
Work of commissioners
It is important to understand the purpose for which each organization should create an institution of authorized proxies for labor protection.
First of all, this is necessary to control the safe performance of work activities. While in his position, the authorized person for labor protection employees is obliged to comply not only with the laws of the Russian Federation, but also with the relevant job description. The work of authorized employees is organized on the basis of the Standard Regulations. This document was adopted on the basis of Art. 370 Labor Code of the Russian Federation. Its task is to determine the main tasks and powers of officials who control labor protection at enterprises. The management can create its own normative act, but its norms should not contradict the Model Regulations. As for the instructions, the manager in each organization must develop it.
Who can be chosen at the enterprise
They can choose any employee of a particular organization, including trade union members. The main thing is that a candidate must first be nominated, and then he must win a majority of the working people's votes.
Important! The appointed person cannot be dismissed without consulting the union.
The selected employee will not report directly to the employer. Its leader will be the trade union organization in the first place.
It is possible that the commissioner will not be an employee of the company if the trade union approves his candidacy for this position.
Selecting a safety representative
How are elections of authorized trustees for labor protection carried out?
This position is elective. Therefore, it is worth understanding how the selection of authorized proxies for labor protection is carried out . The organization is carried out by a trade union or other organization representing the interests of workers.
Reference! If there are several representative departments in the company, then each of them has the right to apply for organizing elections and participating in them.
Elections are held within the framework of the general meeting of the company's employees. If the company is large, it is permissible to choose an authorized person for each structural unit.
Protocol of election
Elections must be accompanied by filling out a protocol. The following information is included in the document:
- Number of employees who participate in elections;
- Full name and position of the secretary and chairman of the meeting;
- The meeting agenda is noted;
- All votes are reflected in exact numbers. Be sure to note who is in favor, who voted against and who abstained.
Reference! There are no mandatory instructions on the number of authorized persons in the company. Therefore, their number is not limited. However, such restrictions may be specified in the company's internal regulations, which reflect the number of persons who can be appointed to this position.
For how long are public labor protection commissioners elected?
The Commissioner is elected for a maximum period of 2 years. The employee cannot hold this position any longer. An employee may also be removed from work ahead of schedule due to violations of rights or failure to fulfill duties. This can be done by a union representative.
Who heads the activities of labor protection commissioners
This position is regulated by a trade union representative and the head of the company. All employee actions must comply with the provisions that have been developed in the organization on this issue.
The administration of the enterprise is engaged in training the employee who has assumed the position and providing the necessary conditions for the high-quality performance of duties. The person elected must regularly report on his work to the assembly that elected him.
Order on the appointment of a labor protection commissioner (sample)
After election, an appointment order is issued. It is published by the head of the company. The document must contain the protocol number and information about taking office. The form of the order must be the same as other acts in the organization. After the order is issued, the authorized person gets acquainted with it and puts his signature as confirmation.
Sample order for the appointment of an occupational safety representative
OT 121. Answers to questions on labor protection. Part 13
OT 121. Answers to questions on labor protection. Part 13. The full name of the Olympox course is “OT 121 - Training and testing of knowledge of labor protection requirements of members of commissions for testing knowledge of labor protection requirements of construction organizations.”
The Test 24 website publishes questions from Rostechnadzor on labor protection that may appear in certification tests using the Olympox system, indicating the correct answer options for checking and preparing for exams. The correct answer is highlighted in green. Please note that given the relevance of the current course, the wording of questions and answers may differ.
For what purpose should an organization create an institute of authorized (trusted) persons for labor protection?
- To organize public control over compliance with the legal rights and interests of workers in the field of labor protection
For how long are authorized (trusted) persons for labor protection in the organization elected?
- For a period of at least two years
Which of the following is not included in the list of the main tasks of labor safety representatives?
- Training workers on labor safety issues, providing them with assistance in preparing to test their knowledge of labor safety requirements
Which of the following functions does not belong to the functions of labor safety representatives?
- Issuing instructions to heads of departments (works) to eliminate identified violations of safety requirements during work
What rights do labor safety representatives not have when performing their assigned tasks?
- Suspend work in cases of immediate threat to the life and health of workers
What requirement is not required to be fulfilled by the employer when creating the necessary conditions for the work of authorized persons?
- Release the employee from performing the main job for the entire period of election as an authorized representative
On whose initiative can labor safety committees (commissions) be created in an organization?
- At the initiative of the employer and (or) employees or their representative body
Which of the following is not included in the list of main tasks performed by the labor protection committee (commission)?
- Organization and methodological management of certification of workplaces for working conditions, certification of labor protection work and control over their implementation
Indicate the incorrect function of the labor protection committee (commission).
- Organization of training of workers on labor protection, safe methods and techniques for performing work, as well as testing knowledge of labor protection requirements and conducting timely and high-quality instruction of workers on labor protection
What right do representatives of the labor protection committee (commission) not have when performing the functions assigned to them?
- Encourage employees of the organization for their active participation in creating working conditions that meet safety and hygiene requirements
How is the composition of the labor protection committee (commission) approved?
- By order or instruction of the employer
How do members of the committee (commission) report on the work they have done?
- Members of the Committee inform at least once a year the elected body of the primary trade union organization or a meeting (conference) of workers about the work they have done in the Committee
Training of labor protection officers
The selected employee must undergo training. The employee must meet all existing legal requirements in the context of occupational safety and health. Without training, the appointee will not be able to perform his duties due to the lack of necessary knowledge to correctly assess each situation.
The selected employee is sent to a special training center that has the necessary permission. Training involves going through a specific program, just like in school. This could be a course on occupational safety and health in general or a narrow focus on a special program.
Important information! All training costs must be borne by the head of the enterprise.
Report on the work done by the commissioner
The appointed person reports to the manager and the trade union not verbally, but by filling out certain documents. One of them is a report on the work that has been done over a specified period. It is allowed to draw up this act in any form. It is only necessary that the information on the actions taken be reflected on paper in full.
An enterprise can independently develop a sample report and include it in the regulatory framework. The document must be completed at the end of the year. It is a reflection of the implementation of a previously drawn up plan. Then the authorized person must give the paper to the manager for review.
How should he document detected violations?
If violations are detected, they must be properly documented. Identifying violations of standards and preventing possible negative consequences are the direct responsibilities of the commissioner. He must also reflect in writing all shortcomings. The procedure and rules for preparing such documents are reflected in the company’s regulatory documents. It is these provisions that the commissioner must rely on when documenting violations.
This position should be present in every organization. The candidate is selected by the team, regardless of the purpose and form of the enterprise, including Russian Railways, preschool educational institutions and others. He must carry out his professional activities within the framework of established regulations. The election of an employee to this position can only be carried out by general vote. Any employee of the company has the right to be elected. His main responsibilities will include monitoring compliance with labor safety and health, preventing emergency situations, and making proposals to improve working conditions. Can be elected for a specified period. After this time has expired, a new meeting is held.
Resolution of the Ministry of Labor of Russia dated April 8, 1994 No. 30 approved Recommendations for organizing the work of an authorized (trusted) person for labor protection of a trade union or work collective.
By participating in the labor process and being among workers, the labor protection commissioner constantly monitors compliance with labor protection legislation, the state of working conditions, and employees’ compliance with labor protection and safety requirements.
The administration, trade unions, state supervisory and control bodies must provide labor protection representatives with assistance in their work.
Depending on the specific production conditions, several authorized representatives may be elected in a structural unit. The number and procedure for their election and term of office may be stipulated in a collective agreement or other joint decision of the employer and the representative body of employees.
Elections of labor protection representatives can be organized at a general meeting of the labor collective in departments or in the organization as a whole.
Occupational safety representatives can also be elected from among specialists who do not work in the organization (upon agreement with the employer).
It is not recommended to elect workers who, by virtue of their positions, are responsible for the state of labor conditions and safety as labor safety representatives.
Occupational safety representatives, as a rule, should be part of the occupational safety committee (commission).
The organization must develop and put into effect in the prescribed manner a Regulation on Occupational Safety and Health Commissioners, taking into account the specifics of the given organization, division, or production.
Occupational safety representatives organize their work in collaboration with production site managers, trade union or other representative bodies authorized by workers, the labor safety service and other services of the organization, supervisory and control bodies.
Occupational safety representatives must periodically report to the general meeting of the labor collective that elected them, and can be recalled before the expiration of their powers by decision of the body that elected them, if they do not fulfill the functions assigned to them or do not show the necessary demands for protecting the rights of workers to conditions and labor protection, safety of work and other protective functions.
Main tasks
authorized persons are:
• promoting the creation at the enterprise (in the production unit) of healthy and safe working conditions that meet the requirements of labor protection standards and regulations;
• monitoring the state of labor protection at the enterprise (in the production unit) and compliance with the legal rights and interests of workers in the field of labor protection;
• representing the interests of employees in state and public organizations when considering labor disputes related to the application of labor protection legislation, the employer's fulfillment of obligations established by collective agreements or labor protection agreements;
• consulting workers on labor protection issues, providing them with assistance in protecting their rights to labor protection.
