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.
Responsibility of the head of the organization for labor protection
As you know, the head of an organization is responsible for most of everything. Including in the field of labor protection. That is why it is logical that if an occupational safety specialist identifies any violations, the manager uses his administrative resources to eliminate them. The labor protection specialist sets out any violations identified in the order.
Based on its content, the manager organizes work to eliminate it. Or, this issue is dealt with by a deputy appointed by him by order of the organization. Please note that this is the only correct way to organize labor protection work. There should be no “layers” between the labor protection specialist and the head of the organization in the form of heads of structural divisions. Otherwise, work in the field of labor protection in most cases will not be effective. For clarity, let’s consider the same conditional organization, but with different subordination options.
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.
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.
Recommendations for organizing the work of the labor protection service in an organization
In contrast to Article 217, Resolution of the Ministry of Labor number 14 approves additional recommendations that regulate the activities of this body in the organization. The provisions prescribed are for informational purposes only and are intended to answer basic questions regarding the purpose and functioning of such a department.
Similarly, approximate recommendations on the organization of occupational safety and health services in an educational institution are not intended to strictly regulate or establish a certain framework. The purpose of these recommendations is determined by the need to guide the activities of a department or specialist. That is, indicate those aspects that should be adhered to for planned work and efficiency.
The role of the labor protection service in the organization
Based on the prescribed recommendations, the role of this department can be determined. Since the employer is required by law to organize high-quality working conditions, the creation of an appropriate department is intended to help him in this matter.
That is, in practice, the role of the labor protection service in an organization is taken into account by its demand. At the same time, it is necessary to take into account the specifics of the enterprise itself. For example, if employees constantly work with machinery, toxic materials, hazardous conditions or environments, the functioning of this department ensures timely information and monitoring of compliance with safety regulations. Such actions will help minimize the risks associated with conditions harmful to life and health.
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.
Who does the labor protection service report to in the organization?
Russian legislation in the provisions of the Labor Code and other regulatory documents obliges employers to ensure the functioning of the labor protection system in the organization in accordance with established standards. In small enterprises with a small number of people, the duties of this service can be performed by the manager himself or by any of the employees on the principle of combining positions. Most often, labor safety issues are assigned to personnel specialists in such situations.
If labor safety rests entirely on the shoulders of the head of the organization, then the question of who he reports to is not relevant - he himself is both responsible for all aspects of worker safety and the direct supervisor of the staff. The above issue is resolved in almost the same way in the case when occupational safety management is provided by the deputy director of the enterprise.
But what to do in other situations, when labor protection is implemented by a separate structural unit and relevant specialists? Legislative standards do not provide direct answers to this question, however, practical recommendations of government bodies and the established practice of conducting business activities in Russian business entities have almost unambiguous solutions to this issue.
If the management of occupational safety and health at an enterprise is entrusted to a third-party company, then this also has its own characteristics and nuances that affect the subordination and delegation of powers to the relevant employees.
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.
