Ensuring safety at work is, in accordance with the Labor Code of the Russian Federation, the responsibility of the employer. This means that the enterprise must create a labor protection and industrial safety management system that will create risk-free working conditions for each employee that meet the established requirements.
The safety of technological processes and production, labor protection of employees is achieved through a number of measures:
- appointment of responsible employees;
- formation of a program of measures with the help of which the employer establishes industrial safety and labor protection in the organization;
- development and implementation of an internal control system;
- analysis of potential risks and their management;
- documentation, generation of reports, familiarization of employees with documents.
Let's take a closer look at how occupational health and safety at work is ensured.
Is it necessary to have a separate department for occupational safety?
Labor protection and industrial safety at an enterprise is, in accordance with Art. 212 of the Labor Code of the Russian Federation, the employer’s area of responsibility. He is also responsible for preserving the life and health of employees during the work process.
In accordance with the requirements of Art. 217 of the Labor Code of the Russian Federation, in order for an institution to create a safe working environment, occupational health and safety must be provided either by an individual specialist or by an entire department (depending on the number of employees).
Options that will make it possible to ensure labor protection in industry and in organizations are as follows:
- if the number of employees is more than 50 people, it is necessary to create an occupational safety service (for example, an industrial safety and labor protection department) or introduce the position of an occupational safety specialist (with the required level of training or experience in the field of activity);
- when the number of employees is less than 50 people, the employer decides for himself (depending on the specifics of production) whether to create an entire service or introduce the position of an occupational safety specialist.
If the employer does not have such a service, there is no full-time employee, this functionality is taken over by:
- employer-individual entrepreneur;
- head of the organization;
- employee authorized by the manager;
- a special organization (or specialist) operating in the field of occupational safety, which is involved under a GPC agreement.
If the responsibilities of labor protection and industrial safety managers will be performed by a special division of the enterprise (or an occupational safety specialist), the required number is determined using the Decree of the Ministry of Labor of the Russian Federation dated January 22, 2001 No. 10 and dated February 8, 2000 No. 14. Thus, if there are less than For 700 employees, it is optimal to have one occupational safety specialist; with a larger number, a department of several people can be created.
Concept of labor protection
Note 1
The Constitution of the Russian Federation states that every citizen has the right to safe working conditions and health protection. In this regard, the Federal Law “On the Fundamentals of Occupational Safety and Health in the Russian Federation” was adopted.
Labor protection is a system of measures to preserve the life and health of workers in the process of carrying out their work activities. This system of measures includes legal, socio-economic, organizational, technical, treatment and preventive, rehabilitation and many other measures.
The state has established special standards and rules that are aimed at ensuring safe working conditions and preserving the life and health of the employee in the process of production activities. Labor protection requirements are mandatory for legal entities and individuals carrying out their activities:
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- during the design, construction and operation of facilities;
- in the design of machines, mechanisms and equipment;
- in the development of technological processes;
- when organizing production.
Additional guarantees are provided for workers working in hazardous conditions.
There is a restriction on the use of women's labor in heavy work and work with hazardous working conditions, as well as in work involving heavy lifting that exceeds the maximum permissible standards.
The legislation provided additional rights for pregnant women, which set out rules for ensuring adequate conditions that meet the health and physiological characteristics of pregnant women.
Persons under 18 years of age are prohibited from working in jobs with harmful or dangerous working conditions, as well as in jobs that may harm their health: work in nightclubs and bars, transportation and sale of alcoholic beverages and tobacco products. Lifting and carrying heavy objects exceeding the maximum permissible limits is prohibited. The list of these works was approved by the Government of the Russian Federation and a special commission.
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Persons under 18 years of age applying for work are required to undergo a medical examination. And in the future, until they reach the age of 18, they are required to undergo a mandatory medical examination annually at the expense of the employer.
Persons under 18 years of age can take annual paid leave at any time convenient for them. The duration of vacation is 31 calendar days.
Employees under 18 years of age are prohibited from being sent on business trips or required to work overtime and at night, on weekends and holidays.
Each organization engaged in production activities and having more than 100 employees must create an occupational safety service at the enterprise or introduce the position of an occupational safety specialist. If the size of the organization is less than 100 people, then the occupational safety service or the position of occupational safety specialist is introduced by decision of the head of the organization.
If the organization does not have a labor protection service or specialist, the employer is obliged to enter into an agreement with special organizations that provide services in this area.
What does labor protection do?
The area of responsibility for labor protection is extremely wide. It includes:
- activities to ensure compliance by enterprise employees with occupational safety requirements;
- monitoring compliance by employees with legislation in the field of occupational safety and local regulations of the employer;
- prevention of injuries at work, occupational diseases, improvement of working conditions;
- consultations on occupational safety issues, implementation of best practices;
- accounting of the causes of injuries and occupational diseases, their analysis;
- participation in a special assessment of operating conditions;
- assistance to department heads who create lists of professions subject to periodic medical examinations;
- generation of labor safety reporting;
- development of training programs;
- organizing occupational safety training in due time;
- formation of a list of positions for which there must be instructions on labor protection and industrial safety;
- informing about current regulations and requirements in the field of occupational safety.
Creating safe working conditions in production
By definition, management should be considered as the implementation of a set of organizational measures aimed at achieving the necessary quantitative and qualitative results, as well as preventing the labor of workers. To solve labor safety problems, a system of measures was developed based on generalizing the experience of leading construction organizations in Russia. Responsibility for the state of labor protection in all. divisions is entrusted to the head of the organization: manager (trust), chief (SMU); Direct management of the safety service is carried out by the technical director (chief engineer) through the safety engineer and the departments subordinate to him: production and technical (PTO), labor and wages (HTP), chief mechanic (OGM), energy, etc. In higher decision-making bodies (headquarters, ministries) the structure of responsibility for the state of labor protection is similar. In construction departments, where the level of production organization is higher, there are fewer violations of labor protection requirements. Therefore, the main way to increase the level of occupational safety should be considered to be an increase in the general level of production culture. The highest indicators in the field of labor protection are found in enterprises where workers are systematically trained in advanced safe labor methods, various briefings are carried out, safety requirements when working with power tools are studied, features of the operation of construction machines and mechanisms, etc. It is very effective in the prevention of industrial injuries is the operational management of occupational safety, daily targeted activities to prevent the occurrence of dangerous situations. Such activities are especially relevant at large construction sites and reconstructed facilities, where several general construction and specialized organizations operate simultaneously and a large number of machines, equipment, and workers are concentrated. In such conditions, it is mandatory to create special safety headquarters under the general leadership of a representative of the general contractor for coordination. The main task of operational control over labor safety is the timely detection of violations of the norms and rules of safe labor organization and the adoption of prompt measures to eliminate them. Due to the particular importance of preventive work on labor protection directly at workplaces, the duties and responsibilities of engineering and safety engineers in construction departments are regulated. Let's consider the responsibilities of officials to comply with labor protection rules. Foreman (foreman): is responsible for ensuring labor discipline and safe working conditions, carrying out measures to reduce and prevent industrial injuries and occupational diseases at the site or facility he manages; every shift, together with the public labor safety inspector, carries out the first stage of operational control; Further
Where to train OT specialists
Where can an OT specialist get training? Training is provided by specially accredited organizations. This could be, in particular, the Institute of Occupational Health and Industrial Safety, other institutions, the Center for Occupational Health and Industrial Safety.
All employees must undergo special occupational safety training in the first month upon entry to work within the scope of the duties of the position. The following categories with at least five years of experience are exempt from this training:
- employees with the qualification of an engineer (specialist) in the safety of technological processes and production or in occupational safety;
- employees of federal and regional authorities in the field of control and supervision of occupational safety;
- teachers teaching the relevant discipline with experience without a break for five years.
The named categories have the right not to undergo training and testing of existing knowledge for one year after hiring. Further training occurs as needed, but at least once every three years. Such training for an OT specialist can be carried out by:
- training organization;
- employer if it has a commission that checks knowledge of occupational safety requirements.
However, the Ministry of Labor of the Russian Federation, in Letter No. 15-2/B-5568 dated December 29, 2015, expressed the opinion that it is necessary to train specialists in training organizations. Also, this requirement must be adhered to in order to avoid possible risks of prosecution under Parts 3, 5 of Art. 5.27.1 Code of Administrative Offenses of the Russian Federation.
You can get detailed information from, for example, the forum on labor protection and industrial safety, as well as the official website of the Ministry of Labor of the Russian Federation.
Creating healthy and safe working conditions in production
Labor organization is the bringing of people’s work activities into a certain system.
Scientific organization of labor (SLO) is the process of improving the organization of labor based on the achievements of science and best practices. Usually this is an improvement in the organizational forms of using living labor within the workforce.
There are 3 groups of NOT tasks:
Economic: achieving a high level of production.
Psychophysiological: providing the most favorable conditions for the normal functioning and reproduction of the workforce.
Social: providing conditions for the comprehensive and harmonious development of the personality of workers, increasing the degree of content of their work.
Human labor, in particular in automated production, is a process of interaction between man and machine. (In this system, a machine is a set of technical means used by a person in the process of activity.)
The high speed of technological processes and the operation of safety equipment, in turn, is reflected in the speed of a person’s reaction to various external stimuli, requiring him to pay exceptional attention to the received signals. In addition to reaction speed, the employee must also have the ability to quickly navigate a complex production environment, ensure constant monitoring and self-control over his actions and incoming signals.
What is production control
Production control is measures aimed at ensuring compliance with established sanitary and hygienic standards, regulations, and rules for the creation of products, works and services that do not pose a risk to humans.
The employer is obliged to organize and carry out control (Article 11 of the Federal Law No. 52-FZ of March 30, 1999).
Control can be carried out using the results of a special assessment of working conditions and certification of places of work.
The procedure is determined by the joint venture dated July 13, 2001 No. 1.1.1058-1.
The objects of control include:
- industrial, public buildings;
- sanitary protection zones;
- transport;
- technical equipment, technical processes;
- raw materials, semi-finished products, finished products, waste.
Production control has the following types:
- Technical (checking the compliance of the production process with standards).
- Energy (energy saving, resource control).
- Environmental (compliance of activities with environmental safety standards).
- Sanitary (compliance of processes with sanitary standards).
- Financial (use of materials resources).
What documents are needed
The organization must develop a production control program depending on the type of activity. It is drawn up randomly and approved by the manager.
The enterprise is also developing regulations on production control. The list of issues that need to be reflected is included in Federal Law No. 116-FZ dated July 21, 1997. The document can be developed either by an employee of the enterprise with the appropriate qualifications or by third-party organizations providing control services. The document is approved by the head of the institution or department for which it was developed. Subsequently, it is transferred to the territorial agency of Rostechnadzor.
If the employer does not carry out control, this is a violation of the legislation on sanitary and epidemiological welfare and is punishable by a fine of up to 20,000 rubles or suspension of activities for up to 90 days.
