How to create a labor protection service in an organization

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.

Article 214 Obligations of the employer in the field of labor protection

Responsibilities for ensuring safe conditions and labor protection rest with the employer.

The employer is obliged to create safe working conditions based on a comprehensive assessment of the technical and organizational level of the workplace, as well as based on an assessment of factors in the working environment and the labor process that can lead to harm to the health of workers.

The employer is obliged to provide:

safety of workers during the operation of buildings, structures, equipment, implementation of technological processes, as well as the operation of tools, raw materials and supplies used in production;
creation and operation of a labor protection management system;
compliance of each workplace with state regulatory labor protection requirements;
systematic identification of hazards and occupational risks, their regular analysis and assessment;
implementation of measures to improve working conditions and safety;
development of measures aimed at ensuring safe conditions and labor protection, assessing the level of occupational risks before commissioning production facilities and newly organized workplaces;
the work and rest regime of employees in accordance with labor legislation and other regulatory legal acts containing labor law norms;
acquisition at our own expense and issuance of personal protective equipment, flushing agents, which have undergone confirmation of compliance in the manner established by the legislation of the Russian Federation on technical regulation, in accordance with labor protection requirements and established standards for employees working in harmful and (or) dangerous working conditions , as well as work performed in special temperature conditions or associated with pollution;
equipping with collective protective equipment;
training of workers on labor protection, including training in safe methods and techniques for performing work, training in providing first aid to victims at work, training in the use (application) of personal protective equipment, instruction in labor protection, on-the-job training (for certain categories of workers) and testing knowledge of labor protection requirements;
organizing control over the state of working conditions in the workplace, compliance by employees with labor protection requirements, as well as the correct use of individual and collective protective equipment;
conducting a special assessment of working conditions in accordance with the legislation on special assessment of working conditions;
in cases provided for by labor legislation and other regulatory legal acts containing labor law norms, organizing, at our own expense, mandatory preliminary (upon entry to work) and periodic (during employment) medical examinations, other mandatory medical examinations, mandatory psychiatric examinations employees, extraordinary medical examinations of employees in accordance with medical recommendations, chemical toxicological studies of the presence of narcotic drugs, psychotropic substances and their metabolites in the human body, with the employees retaining their place of work (position) and average salary (average earnings) for the duration of these medical examinations, mandatory psychiatric examinations, chemical and toxicological studies;
preventing workers from performing their job duties without undergoing labor safety training in the established order, including training in safe methods and techniques for performing work, training in providing first aid to victims at work, training in the use (application) of personal protective equipment, labor safety briefings, on-the-job training (for certain categories of workers) and testing knowledge of labor protection requirements, mandatory medical examinations, mandatory psychiatric examinations, as well as in the case of medical contraindications;
provision to the federal executive body exercising the functions of developing state policy and legal regulation in the field of labor, the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, and other federal bodies executive authorities exercising state control (supervision) in the established field of activity, executive authorities of the constituent entities of the Russian Federation in the field of labor protection, local government bodies, trade union control bodies over compliance with labor legislation and other acts containing labor law norms, information and documents in accordance with current legislation within the framework of the exercise of their powers, taking into account the requirements of the legislation of the Russian Federation on state secrets;
taking measures to prevent emergency situations, preserve the life and health of workers in the event of such situations, as well as to provide first aid to victims;
investigation and recording of industrial accidents, occupational diseases, recording and consideration of the causes and circumstances of events that led to the occurrence of microdamages (microtraumas), in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation;
sanitary services and medical care for workers in accordance with labor protection requirements, as well as delivery of workers who fall ill at the workplace to a medical organization in the event of the need to provide them with emergency medical care;
unhindered admission in the prescribed manner to officials of the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established field of activity, executive authorities of the constituent entities of the Russian Federation in the field of labor protection, bodies of the Social Insurance Fund of the Russian Federation, as well as representatives of trade union control bodies over compliance with labor legislation and other acts containing labor law standards, in order to conduct inspections of labor conditions and labor protection, and investigate accidents at production and occupational diseases of workers, conducting state examination of working conditions;
fulfillment of orders of officials of the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established field of activity, and consideration of submissions bodies of trade union control over compliance with labor legislation and other acts containing labor law norms within the established time limits;
compulsory social insurance of workers against industrial accidents and occupational diseases;
informing workers about the conditions and labor protection at their workplaces, about the existing professional risk and its level, as well as about measures to protect against the effects of harmful and (or) dangerous production factors present in the workplace, about the guarantees provided to them, and the compensation they are entitled to and personal protective equipment, on the use of devices, devices, equipment and (or) complexes (systems) of devices, devices, equipment that provide remote video, audio or other recording of work processes for the purpose of monitoring the safety of work;
development and approval of local regulations on labor protection, taking into account the opinion of the elected body of the primary trade union organization or other representative body authorized by employees in the manner established by Article 372 of this Code for the adoption of local regulations;
maintaining a register (list) of regulatory legal acts (including the use of electronic computers and databases) containing labor protection requirements, in accordance with the specifics of their activities, as well as access for employees to current versions of such regulatory legal acts;
compliance with the restrictions established for certain categories of workers on their involvement in performing work in harmful and (or) dangerous working conditions;
suspension in the event of a threat to the life and health of workers of work, as well as the operation of equipment, buildings or structures, the implementation of certain types of activities, the provision of services until such a threat is eliminated;
when hiring a disabled person or if an employee is recognized as disabled - creating working conditions for him, including production and sanitary conditions, in accordance with the individual rehabilitation or habilitation program for the disabled person, as well as ensuring labor protection.

When carrying out work (providing services) on the territory under the control of another employer (other person), the employer carrying out the work (provision of services) is obliged, before starting the work (provision of services), to agree with the other employer (other person) on measures to prevent cases of damage to the health of workers, including workers of third-party organizations performing work (providing services) in a given territory. An approximate list of measures to prevent cases of damage to the health of workers is approved by the federal executive body that carries out the functions of developing state policy and legal regulation in the field of labor, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

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.

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.

How is labor protection organized at the enterprise by management?

Occupational safety management system in the organization:

The head of the organization determines the structure of the labor protection service and its number depending on the number of employees, the nature of working conditions, the degree of danger of production and other factors. At the same time, he is guided by recommendations for organizing the work of the occupational safety service at the enterprise, approved by Resolution of the Ministry of Labor of the Russian Federation No. 14 of 02/08/2000, as well as inter-industry standards approved by Resolution of the Ministry of Labor of the Russian Federation No. 10 of 01/22/2001 “On approval of Inter-industry standards of headcount workers of the labor protection service in organizations."

When organizing labor protection at an enterprise, first of all, the manager should determine who will perform the function of a labor protection specialist: a separate structural unit, a labor protection specialist, the manager himself, a person authorized by him or a third-party organization.

In an organization with an average number of employees of up to 700 people (in the absence of workers employed in harmful and dangerous working conditions), it is enough to have a separate labor protection specialist. In organizations with larger numbers, a labor protection service is created, consisting of three or more employees. The number of people in the labor protection service is given in the standards.

Organization of labor protection from scratch step by step when creating an occupational safety service:

1. The manager signs an order to create a labor protection service.

2. It is necessary to determine to whom the labor protection service in the organization reports (usually to the head of the organization).

3. It is imperative to make a change to the staffing table if the labor protection service or specialist position was not provided for by it.

4. Next, it is necessary to develop a regulation on the labor protection service, which should spell out the goals and objectives of the service, rights and responsibilities, the procedure for interaction with other departments, etc.

5. Also, a mandatory condition for organizing labor protection is the presence of job descriptions. They need to be developed. These instructions on the organization of labor must be developed in accordance with the Unified Qualification Directory of Positions of Managers, Specialists and Employees, section “Qualification Characteristics of Positions of Specialists Carrying Out Work in the Field of Labor Safety,” approved by Order of the Ministry of Health and Social Development of the Russian Federation No. 559n dated May 17, 2012 year, as well as the Professional Standard for Occupational Safety and Health Specialist 524n.

Order No. ... on the creation of a labor protection service In order to organize work on labor protection in accordance with Art. 217 Labor Code of the Russian Federation

I ORDER: 1. To create a structural unit in the organization - “Occupational Safety and Health Department” with 2 staff units: - head of the labor protection department - 1 staff unit; – occupational safety specialist – 1 staff unit. 2. Make appropriate changes to the staffing table. 3. To the head of the HR department Ivanova L.I.: 3.1. Prepare changes to the staffing table and send it for approval within… 3.2. Develop Regulations on the Occupational Safety and Health Service and job descriptions for employees of the Occupational Safety and Health Department within .... 3.3. Submit proposals for staffing the service with employees of the required qualifications within… 4. I reserve control over the execution of the order.

Director Kovalev A.A. The order has been reviewed by: Head of the HR Department Ivanova A.I.

The head of the organization may not create an entire department or hire a labor protection specialist, but by his order assign the duties of the specialist to another employee of the organization as a part-time worker. By law, he has the right to do this if his organization has fewer than 50 employees. In this case, the position of a labor protection specialist must be provided for in the staffing table.

Order No. ... on assigning the duties of a labor protection specialist in the order of combining positions

I ORDER: 1. Assign the duties of a labor protection specialist in accordance with the staffing table on the basis of combining positions in accordance with Part 2 of Art. 60.2 of the Labor Code of the Russian Federation for Deputy Director for Administrative and Economic Affairs Petrov I.V. 2. Chief accountant Matushkina E.I.: establish I.V. Petrov received a monthly additional payment for performing additional work in order to combine positions in the amount of 12,000 rubles. 3. Send I.V. Petrov to study at the Regional Educational and Methodological Center of BSTU named after. Shukhova. 4. Head of the HR Department Ivanova A.I.: prepare an agreement with the RUMC BSTU named after. Shukhov for training I.V. Petrova. 5. I.V. Petrov: begin performing duties as an occupational safety specialist the next day after completing the occupational safety training. Reason: additional agreement to the employment contract dated. N...

Director Kovalev A.A. The order has been reviewed by: Chief Accountant E.I. Matushkina Head of HR Department A.I. Ivanova Deputy Director for Administrative and Economic Affairs I.V. Petrov

When working part-time, an employment contract is concluded with the employee, and the work is performed in free time from the main job (Article 60.1 of the Labor Code of the Russian Federation). When working on a part-time basis, work is performed during the established duration of the working day (shift) along with the work specified in the employment contract, with the written consent of the employee (Article 60.2 of the Labor Code of the Russian Federation). When combining positions, an additional agreement to the employment contract is concluded with the employee. Before signing an employment contract or additional agreement with an employee, it is necessary to familiarize the occupational safety specialist with the job description and other local regulations in the field of occupational safety, against signature.

The occupational safety management system in an organization with less than 50 people is as follows. If the head of an enterprise (individual entrepreneur) with less than 50 employees assigns the responsibilities of a labor protection specialist to himself, no order needs to be issued, since he is already obliged to ensure safe conditions and labor protection in the organization (Article 212 of the Labor Code of the Russian Federation). In addition, managers, along with labor protection specialists, undergo special training on labor protection for managers and specialists within the scope of their job responsibilities upon entering work during the first month, then as necessary, but at least once every three years.

Newly appointed managers are allowed to work independently after they have been familiarized by the employer (or a person authorized by him) with job responsibilities, including labor protection, local regulations in force in the organization that regulate the procedure for organizing work on labor protection, and working conditions in the areas entrusted to them. objects (in structural divisions of the organization) (clause 2.3.1 of the Procedure).

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.

Article 209.1 Basic principles of occupational safety

This is a new article that is not in the old edition. Here is its content:

The basic principles of ensuring occupational safety are:
warning and prevention of hazards;
minimizing damage to workers' health.
The principle of warning and prevention of hazards means that the employer must systematically implement measures to improve working conditions, including eliminating or reducing levels of occupational risks or preventing their levels from increasing, while respecting the priority of the implementation of such measures.
The principle of minimizing damage to the health of workers means that the employer must provide measures to ensure constant readiness to localize (minimize) and eliminate the possible consequences of occupational risks.
The priority of implementing measures to improve working conditions, eliminate or reduce levels of occupational risks or prevent their levels from increasing is established in the indicative list specified in part three of Article 225 of this Code.

I skip Article 210 - Main directions of state policy in the field of labor protection and Article 211 - State management of labor protection. You will know them by their actions, as they say.

Training in occupational safety and related areas in a Virtual Production Environment using Electronic Simulators + issuance of certificates. Like this?

New articles 211.1, 211.2, 211.3 specify the powers of the Government, Federal executive authorities, executive authorities of constituent entities in the field of labor protection. Also on business.

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.