Art. 217 Labor Code of the Russian Federation: questions and answers
Art. 217 of the Labor Code of the Russian Federation describes a situation when a company cannot do without a labor protection service. From our material you will learn about the requirements of labor legislation for the number and functions of employees of this service.
What does Article 217 of the Labor Code of the Russian Federation establish (with comments from 2017)?
What are the responsibilities of occupational safety and health workers?
To whom under Art. 217 of the Labor Code of the Russian Federation is it allowed to carry out the functions of a labor protection service in the absence of this service in the company?
What structure and strength of the labor protection service is determined by Art. 217 of the Labor Code of the Russian Federation?
Commentary on Article 217 of the Labor Code
Intersectoral standards for the number of employees of labor protection services in organizations are approved by Resolution of the Ministry of Labor of Russia of January 22, 2001 N 10 (Bulletin of the Ministry of Labor of Russia. We recommend reading: How to check whether I owe bailiffs
2001. N 4.
P. 32). In accordance with this act, in organizations with an average number of up to 700 employees (in the absence of workers engaged in heavy work or work associated with harmful and dangerous working conditions), the functions of the labor protection service can be performed by individual labor protection specialists, in organizations with a larger number of employees - a labor protection bureau with a staff of 3 - 5 units (including the position of the head of the bureau) or a department with a staff of 6 units.
In separate production structures with a staff of 400 people and more, the number of occupational safety and health workers is calculated for each structure.
What does Article 217 of the Labor Code of the Russian Federation establish (with comments from 2017)?
Art. 217 of the Labor Code of the Russian Federation defines the following conditions under which a company organizes an occupational safety service (OHS):
- carrying out production activities;
- the number of members of the labor collective is more than 50 people.
In this case, it is necessary to create an OSH or entrust one of your employees with solving occupational safety and health (OHS) issues.
The limit value (50 people), starting from which the employer needs to think about creating a self-employed labor force, is not unconditional. That is, a company’s failure to reach this numerical limit does not mean that labor safety issues will not be considered.
Art. 217 of the Labor Code of the Russian Federation establishes that if the number of employees in a company is less than fifty people, the employer has the right to decide on the creation of a labor protection system or the introduction of a position of a labor protection specialist. At the same time, he needs to take into account the specifics of the company’s production activities.
Commentary on Article 217 of the Labor Code
Intersectoral standards for the number of employees of labor protection services in organizations were approved by Resolution of the Ministry of Labor of Russia of January 22, 2001
N 10 (Bulletin of the Ministry of Labor of Russia. 2001.
N 4.
WITH.
32). In accordance with this act, in organizations with an average number of up to 700 employees (in the absence of workers engaged in heavy work or work associated with harmful and dangerous working conditions), the functions of the labor protection service can be performed by individual labor protection specialists, in organizations with a larger number of employees - a labor protection bureau with a staff of 3 - 5 units (including the position of the head of the bureau) or a department with a staff of 6 units. In separate production structures with a staff of 400 people and more, the number of occupational safety and health workers is calculated for each structure.
What are the responsibilities of occupational safety and health workers?
Workers involved in labor protection are called upon to solve a whole range of tasks of a security and control nature. These include the following functions:
- planning and organization of activities on occupational safety, prevention of industrial injuries and occupational diseases;
- resolving issues related to conducting special assessments at workplaces;
- leading a group of questions on conducting briefings, testing knowledge, promoting occupational safety;
- reporting and preparation of documentation on occupational safety;
- ongoing monitoring of compliance with occupational safety requirements in the company;
- investigation and recording of accidents.
Read about what an employer should do if an accident occurs at the company:
- “Accident at work - actions of the employer”;
- “The procedure for registering an accident at work”;
- “Act on accident at work (nuances)”.
A specific list of functional actions and the scope of responsibility of SOT employees are established in the company, taking into account its scale, working conditions and specifics of activity.
Article 217. Labor protection service in an organization
1. The main link in the occupational safety management system is the occupational safety service in the organization, the functions of which are directly related to production or other work activities. The level of work to create safe and healthy working conditions primarily depends on its activities.
Occupational safety management in an organization is carried out by its head, who creates an occupational safety service to organize labor safety work in the organization.
In accordance with Part 1 of the commented article, a labor protection service is created at each employer engaged in production activities, the number of employees of which exceeds 50 people. Instead of creating an occupational safety service at the specified employer, it is allowed to introduce the position of an occupational safety specialist with appropriate training or experience in this field.
An employer whose number of employees does not exceed 50 people decides to create a labor protection service or introduce the position of a labor protection specialist, taking into account the specifics of its production activities (Part 2 of Article 217).
The labor protection service is created in the form of an independent structural unit of the organization, consisting of a staff of labor protection specialists headed by the head (chief) of the service and reports directly to the head of the organization or, on his behalf, to one of his deputies.
2. Resolution of the Ministry of Labor of Russia dated January 22, 2001 N 10 approved inter-industry standards for the number of labor protection service employees in organizations. This act is advisory in nature and can be used as a basis for the development of labor standardization systems established in organizations.
The payroll number of occupational safety service employees is determined by the head of the organization, depending on the number of employees, the nature of working conditions, the degree of danger of production, the number of independent production structural divisions of the organization and other factors.
In organizations with an average number of employees (in the absence of workers engaged in heavy work associated with harmful and dangerous working conditions) up to 700 people, the functions of the labor protection service can be performed by individual labor protection specialists. In organizations with a larger number of employees, an occupational safety bureau is created with a regular number of employees of three to five units (including the chief) or a department - with a regular number of employees of six or more units.
In separate production structures with a staff of 400 people or more, the number of occupational safety and health workers is calculated separately for each structure. This structure refers to enterprises, workshops, departments of motor transport and housing and communal services that are part of the structure of the organization, located at different production sites and having a completed production cycle.
3. The labor protection service carries out its activities in cooperation with other divisions of the organization, the labor protection committee (commission), authorized (trusted) persons for labor protection of trade unions or other authorized employees of representative bodies, the labor protection service of a higher organization (if any) , as well as with federal executive authorities and the executive authority of the relevant constituent entity of the Russian Federation in the field of labor protection, state supervision and control bodies over compliance with labor protection requirements and public control bodies.
4. In order to assist employers in organizing the work of the labor protection service, Resolution of the Ministry of Labor of Russia dated 02/08/2000 N 14 approved Recommendations for organizing the work of the labor protection service in organizations, providing for the procedure for the formation, main tasks and functions of the service, as well as the rights of service employees.
In accordance with the Recommendations for organizing the work of the labor protection service in an organization, it is proposed to assign the following functions to the labor protection service:
— accounting and analysis of the state and causes of industrial injuries, occupational diseases and diseases caused by production factors;
— development, together with other departments, of plans and programs to improve working conditions and safety, prevent industrial injuries, occupational diseases, diseases caused by production factors;
— providing organizational and methodological assistance for the implementation of planned activities;
— participation in the drafting of sections of the collective agreement relating to conditions and labor protection, agreements on labor protection of the organization;
— providing assistance to department heads in compiling lists of professions and positions, according to which employees must undergo mandatory preliminary and periodic medical examinations, as well as lists of professions and positions, according to which, on the basis of current legislation, employees are provided with guarantees and compensation for working with hazardous or hazardous working conditions;
— organizing the investigation of industrial accidents, participating in the work of the commission to investigate the accident, preparing documents for the appointment of insurance payments in connection with industrial accidents or occupational diseases;
— registration and storage of documents relating to labor protection requirements in accordance with established deadlines;
— organizing timely training on labor protection for the organization’s employees, including its manager, and participation in the work of commissions to test knowledge of labor protection requirements;
— compiling (with the participation of department heads) lists of professions and types of work for which labor protection instructions should be developed;
— providing departments with local regulatory legal acts of the organization (rules, norms, instructions on labor protection), visual aids and educational materials on labor protection, etc.
5. The head of an organization whose number of employees does not exceed 50 people can introduce the position of labor protection specialist, to which, as a rule, persons with qualifications as labor protection engineers or specialists with higher professional (technical) education are appointed, without presenting requirements for work experience, or secondary vocational (technical) education and work experience of three to five years. All specified persons must undergo special training in labor protection.
6. If the employer does not have an occupational safety service or a full-time occupational safety specialist, their functions are performed by the employer - an individual entrepreneur (personally), the head of an organization, another employee authorized by the employer, or an organization or specialist providing services in the field of occupational safety and health, engaged by the employer for civil purposes. legal contract. Organizations providing services in the field of labor protection are subject to mandatory accreditation (Part 3 of Article 217).
The list of services in the field of labor protection, the provision of which requires accreditation, and the Rules for accreditation of organizations providing services in the field of labor protection, were approved by Order of the Ministry of Health and Social Development of Russia dated 04/01/2010 N 205n. These Rules establish the procedure for mandatory accreditation of organizations for the right to provide services to perform the functions of a labor protection service or a labor protection specialist for an employer whose number of employees does not exceed 50 people, as well as for training employers and employees on labor protection issues.
For organizations providing such a service in the field of labor protection as conducting a special assessment of working conditions, the accreditation procedure is established by legislation on the special assessment of working conditions. The requirements for organizations conducting a special assessment of working conditions are determined by Part 1 of Art. 19 of the Law on special assessment of working conditions. The procedure for admitting organizations to conduct a special assessment of working conditions, their registration in the register of organizations conducting a special assessment of working conditions, suspension and termination of activities to conduct a special assessment of working conditions is established by the Government of the Russian Federation (Part 3, Article 19).
Organizations accredited in accordance with the Rules for the accreditation of organizations providing services in the field of labor protection, approved. By Order of the Ministry of Health and Social Development of Russia dated 04/01/2010 N 205n, as organizations providing services for certification of workplaces for working conditions, they have the right to conduct a special assessment of working conditions before the expiration of the validity period of the accreditation certificates of testing laboratories available on the day the Law on the Special Assessment of Working Conditions came into force (centers) of these organizations, but no later than December 31, 2018 inclusive. These organizations, whose accreditation certificates expire in 2014, have the right to conduct a special assessment of working conditions without taking into account the requirements established by clause 2, part 1 of art. 19 of the Law on special assessment of working conditions, until December 31, 2014 inclusive (part 1, 2 of Article 27 of the Law on special assessment of working conditions).
7. In organizations whose specific activities require a large amount of work with staff to ensure occupational safety, it is recommended to create an occupational safety office; in organizations with a small number of employees and in structural divisions of organizations - the labor protection corner. In organizations whose production activities involve the movement of workers around facilities and being in temporary work areas (for example, when working on a rotational basis), it is advisable to equip mobile occupational safety cabinets and occupational safety corners. The decision to create a labor safety office or a labor safety corner is made by the head of the organization (his representative).
To assist employers in the formation of a labor safety office and a labor safety corner, Resolution of the Ministry of Labor of Russia dated January 17, 2001 N 7 approved Recommendations for organizing the work of a labor safety office and a labor safety corner. This act defines the goals, main directions of work of the labor protection office and the labor protection corner, general requirements for the process of organizing their work.
8. From 01.07.2009, by Order of the Federal Agency for Technical Regulation and Metrology dated 10.07.2007 N 169-st, the interstate standard GOST 12.0.230-2007 “System of occupational safety standards” was put into effect. Occupational safety management systems. General requirements". This standard is a practical tool to assist organizations and competent institutions in the implementation of continuous improvement of occupational safety and health activities. The guidance contained in the standard is intended to be used by anyone with responsibility for the management of occupational safety and health.
Order of Rostechregulirovanie dated April 21, 2009 N 138-st approved and put into effect GOST R 12.0.007-2009 “System of occupational safety standards. Occupational safety management system in the organization. General requirements for development, application, evaluation and improvement”, according to which the organization of work on labor protection provides, along with other organizational measures, the organization of a labor protection service (clause 7.1.1). This standard establishes that the labor protection service in an organization is intended to: organize preventive work to prevent industrial injuries, occupational diseases and diseases caused by production factors; organizing work to ensure labor safety and improve working conditions and safety; organizing work to ensure that workers comply with labor protection requirements; monitoring employees' compliance with labor protection requirements contained in laws and other regulatory legal acts, collective agreements, agreements, local regulations; informing and consulting employees of the organization, incl. its managers on labor protection issues; studying and disseminating best practices in labor protection, promoting promising areas of labor protection (clause 7.3.3.1). The structure and number of employees of the labor protection service in accordance with the requirements of the law and recommendations of the federal executive body, which carries out the functions of developing state policy and legal regulation in the field of labor, is established by the employer (clause 7.3.3.3).
Order of Rostekhregulirovanie dated August 10, 2009 N 283-st approved GOST R 12.0.009-2009 “National Standard of the Russian Federation. System of occupational safety standards. Occupational safety management system in small enterprises. Requirements and recommendations for use”, in clause 4.3.1 of which it is stated that the occupational safety management system at the stage of operation of an enterprise with a number of employees of less than 50 people imposes on the employer a wide range of responsibilities for fulfilling the duties of absent occupational safety specialists. Replacement of specialists can be carried out under service contracts, part-time work (including at the main place of work), and services. The occupational safety management system at the stage of operation of an enterprise with more than 50 employees obliges the employer to create an occupational safety service (clause 4.3.1.2).
Taking into account the requirements of GOST 12.0.230-2007 “System of occupational safety standards. Occupational safety management systems. General requirements" and GOST R 12.0.007-2009 "System of occupational safety standards. Occupational safety management system in the organization. General requirements for development, application, evaluation and improvement” organizations are developing their own standards for the occupational safety management system. For example, by order of JSC Russian Railways dated December 28, 2012 N 2744-r, the Standard of JSC Russian Railways “Occupational Safety and Health Management System in JSC Russian Railways” was approved. General provisions" (STO Russian Railways 15.002-2012), which came into force on 03/01/2013.
Occupational Safety Specialist
Article 217 of the Labor Code indicates that it is not necessary to create a special labor protection service in organizations with fewer than fifty employees.
Organizations with 49 or fewer employees can choose at their own discretion how to organize compliance with labor safety standards.
The following models are allowed:
- A full-fledged OT service with a manager and subordinates.
- Appointment of one responsible specialist to resolve these issues.
- Assigning this responsibility to the head of the company or individual entrepreneur.
- Involvement of third parties in the implementation of this function.
It is most convenient for small companies to hire an OT specialist. This employee carries out all the functions of the department, but due to the small number of staff, he can resolve all issues independently.
An occupational safety specialist must have the appropriate education and experience in this position.
Service Tasks
The tasks of occupational safety specialists include the following:
- ensure that employees of the enterprise comply with labor protection rules;
- monitoring employee compliance with labor protection legislation;
- take measures aimed at reducing the risk of injury and the risk of occupational diseases;
- informing the management of the enterprise and its employees about new methods of labor protection.
Legislation obliges the employer to provide advanced training for occupational safety specialists. Training allows you to update employees' knowledge and confirm their level of training.
