IN last years enterprises are increasingly in demand for the profession of a labor protection specialist, the requirements for which are approved at the legislative level. First of all, this specialist is needed where the working personnel daily encounters harmful factors of production (in factories and factories, agricultural enterprises, etc.). This position should be occupied by an experienced and qualified specialist, as high demands are placed on it.

What does the current law say?

In Art. 217 of the Labor Code of the Russian Federation states: an OT (labor protection) specialist can be a person with appropriate training (or experience in this field). Accordingly, if this position is occupied by a person who does not have the required qualifications, this will be considered a violation of the current legislation.

Specific requirements for a labor protection specialist are fixed by the professional standard “Specialist in the field of labor protection” (order of the Ministry of Labor of the Russian Federation dated 08/04/2014 No. 524n as amended on 12/12/2016). There is another document that establishes the requirements for this profession. This is CEN - "One qualification guide positions” (approved by order of the Ministry of Health and Social Development of the Russian Federation dated May 17, 2012 No. 559n).

The employer should be guided by the recommendations specified in various regulations. Qualification characteristics contained in professional standards and CAS should become the basis for determining the requirements for vocational training employees.

Is it necessary to introduce the position of an OT specialist at the enterprise?

Art. 217 of the Labor Code of the Russian Federation regulates: if on manufacturing plant employs more than 50 people - it creates a labor protection service or introduces the position of an occupational safety specialist. In the absence of such a position in the staff list, it must be established.

The Labor Code of the Russian Federation does not require the allocation of a separate employee for this position. Functional responsibilities can be divided among several employees or entrusted to one person (provided that this person has the necessary qualifications). Options for part-time and combination of positions are possible.

If the total number of employees is less than 50 people, the employer must decide on his own whether to introduce this position in the organization or not. At the same time, the specifics of production activities should be taken into account. In part 3 of Art. 217 of the Labor Code of the Russian Federation states that if the company does not have the position of this specialist, his duties can be performed personally by the employer (individual entrepreneur or head of the company) or another employee who is entrusted with these functions. It is also possible to conclude a GPC agreement with a specialist (or an appropriate organization) providing services in the field of labor protection.

Requirements for an applicant for the position of an OT specialist

The requirements for a labor protection specialist in 2018 depend on exactly what functions are assigned to him, and what category he is assigned (specialist, specialist of the first or second category).

CEN provides an impressive list official duties that the employee is obliged to fulfill, and also establishes what he must know and what qualifications must have. According to this document, the OT specialist should be well versed in:

Russian legislation in the field of labor protection;

international treaties in the field of labor protection (ratified by the Russian Federation);

state regulatory requirements for labor protection;

rules established by the instructions according to OT;

methodological documents on labor protection issues, office work, etc.

The specialist must know the basic technological processes, types of equipment used, the procedure for investigating industrial accidents, etc. He must also be able to draw up reports on the implementation of labor protection measures.

The labor protection specialist must meet the following requirements:

the presence of higher education (in the relevant direction);

at least 1-3 years of work experience in the field of labor protection (depending on the assigned category).

It is allowed to have higher non-core education and professional retraining in the field of labor protection. If the person applying for this position does not have special training or work experience, but he has sufficient practical experience- it can be allowed to work on the recommendation of the certification commission.

In the absence of specialized education, the employee must take special courses. The minimum training period should be at least 250 hours, retraining takes 3-6 months. Training should take place in specialized centers. Often the courses are held face-to-face, but if necessary, you can take distance learning. After completing the course, the employee will receive a document giving the right to work in the field of labor protection.

What threatens the enterprise if the position of an occupational safety specialist is occupied by a person without specialized education?

State labor inspectors check the level of training of specialists. And if they find inconsistencies, the employer may face a fine and other administrative measures.

In paragraph 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation states that for non-compliance with the norms labor law officials and individual entrepreneurs will have to pay a fine of 1000-5000 rubles, legal entities - 30,000-50,000 rubles. Repeated violations will lead to a significant increase in the amount of the fine.

An engineer for safety, labor protection and regulation is one of the key specialists of the enterprise. He is responsible for compliance with the rules of the organization of the work process, ensures the preservation of the life and health of employees. Professionals who received specialized education, do everything possible to eliminate the likelihood of accidents at work and reduce the risk of slowing down work at the facility. Special requirements are put forward for the qualification of occupational safety engineers, because these people instruct workers who come into contact with dangerous devices and perform technically complex tasks.

The position of an occupational health and safety engineer in an enterprise can only be occupied by a person with the appropriate knowledge and skills. He must have a higher technical education, work experience in the profile obtained under the guidance of more qualified specialists is welcome. Depending on the level of qualification, an employee is assigned one of three categories.

Requirements for an occupational safety engineer:

• availability of knowledge in the field of legal regulation of labor protection at industrial and hazardous facilities of various profiles;
• the engineer for the regulation of labor and the protection of the life of workers must constantly improve their professionalism and study changes in regulations in their field;
• ability to interact with colleagues, senior management and inspection bodies;
• the ability to remain calm in difficult and emergency situations, to think logically and, if necessary, act not only according to instructions, but also outside the box;
• knowledge of computers and office equipment at the level of a confident user;
• a clear understanding of the recommendations of the instructions that the specialty provides.

The labor rationing engineer must comply with the same provisions, but a number of additional requirements are additionally imposed on him. Firstly, this is a clear understanding of the nuances of a particular production, the ability to assess their impact on the system of employee benefits. Secondly, orientation in the system of organization of the labor process and personnel management. The education of such a person includes basic knowledge of psychology, sociology and human physiology.

In terms of personal qualities of a specialist applying for a narrowly focused position, the basic characteristic requires stress resistance, calmness and sociability. This should be a person who is not afraid to take responsibility for the well-being of others. Precisely determine the chances of success in a specific area will help career guidance. She will reveal a predisposition to this type of work or point out qualities that may interfere with professional growth.

What does an employee in the field of labor protection

A staff engineer for labor rationing or the protection of work processes must perform the functions prescribed in the instructions. Usually this is a standard list of provisions, which can be supplemented in accordance with the specifics of a particular area. In any case, the actions of a professional will be aimed at respecting the interests of the company's employees and maintaining production processes at the proper level.

Basic responsibilities of an occupational safety engineer:

• monitoring compliance at the facility legal regulations that provide employees with benefits and optimal working conditions;
• conducting inspections to evaluate technical condition building and equipment functionality;
• key skills of a specialist are aimed at preventing the development of emergency situations;
• organization of educational events to reduce the risk of occupational diseases among workers;
• providing methodological assistance to departments of the company or production;
• conducting briefings, drawing up documents and reports, following orders from higher management.

The duties that are assigned to the engineer are documented without fail. The terms and methods of performing these functions are set depending on the specifics of the direction and the desired results.

A safety specialist is required to regularly attend training courses and improve their skills, confirm their level before the certification commission.

The list of job responsibilities of a labor rationing engineer:

• development and implementation of indicators that allow the enterprise to function at the right level, and not cause inconvenience to employees;
• analysis of the state of workers in order to equalize the conditions of their activities at all stages of production;
• monitoring the implementation of established recommendations and compliance with standards;
• assessment of the compliance of the number of employees with the level of workload, changing the schedule depending on the fullness of the state;
• the labor standardization engineer conducts briefings, organizes the study by specialists of various areas of production processes in order to reduce costs;
• change in the rates for the activities of employees in accordance with the updated labor legislation.

The profile specialist not only trains the employees of the enterprise, but also constantly studies the changing market trends. He is responsible for the implementation of progressive methods of organizing the company's activities in order to obtain benefits and reduce the risk of losing qualified employees.

Pros and cons of the direction

The profession of an occupational safety engineer implies constant contact with people. It can be the start for career development, however, not so much in terms of increasing the prestige of the position, but due to the arrangement for a more developed in financial plan company. The direction is considered to be in demand, even novice employees can count on employment. Every year more and more large enterprises, construction and mining projects are launched. Each of them necessarily requires engineers for labor protection and safety.

The negative point is the need to constantly receive additional education in order to keep up with trends in a particular area or mainstream. The ability of such employees to present information to others is highly valued. In the absence of communication skills and the inability to establish contact with people, there will be little benefit from the work of an employee. Another disadvantage of the position is the high level of responsibility to the staff and management of the enterprise.

How to become an occupational safety engineer

The desired position on a permanent basis can only be occupied by a specialist who has a higher technical education in the field of Life Safety. There are many universities to get the right diploma. One of the most advanced is the Interregional Academy of Construction and Industrial Complex.

To become a HSE (safety) engineer on a temporary basis, you can get by with an incomplete specialized education. In any case, categories will only be awarded to a specialist after receiving a university diploma, and without them it is impossible to move up the career ladder.

Employee salaries

At the initial stage wage an employee of the sphere is from 15 to 25 thousand rubles. As the experience of the employee grows and the level of his qualification increases, the numbers grow. Depending on the position, category, qualifications and field of activity, the average salary of a specialist ranges from 35 to 70 thousand rubles. In large enterprises, there are entire departments in this area. In this case, individual employees become senior engineers in their area. Their salary sometimes reaches 100 thousand rubles, and on commercial enterprises indicators exceed this mark.

The salary of a labor protection engineer can vary from 15 to 100 or more thousand rubles.

Engineers or occupational safety specialists are responsible not only for the working conditions of employees of enterprises. The functionality of the equipment in the workshops, the speed of fulfilling the set plans, and the profit of the company largely depend on them. To succeed in the chosen direction, it is necessary not only to focus on the professional field of activity, but also to study the nuances of a given area. The ability of an employee to optimize the performance of an organization technically, socially and financially is highly valued by employers.

A labor protection specialist must meet the qualification requirements that were established in 2019. This worker ensures safety in the company to minimize injury at work. He is obliged to monitor compliance with working conditions and the absence of risk to life. To do this, the expert conducts briefings for employees and ensures that safety rules are followed. It is also his responsibility to check the equipment, which must be in good working order. It is important for the manager to choose the right specialist, and he must have the necessary qualifications. Then it will be possible to minimize the likelihood of dangerous incidents due to which workers may be injured or killed.

Important Points

The creation of an occupational safety service can occur when a company is formed or when a certain amount employees. In any case, this department should be formed to ensure maximum safety for workers. The number of specialists dealing with this issue should be assigned depending on the size of the enterprise. If more than 500 people work on it, then it is advisable to hire 6 or more experts in the department.

The manager is responsible for the health of his employees, so he must personally supervise the work of the labor protection department. It is necessary to ensure that the experts perform their duties qualitatively. Then there will be less risk that an accident due to inattention will occur.

Important! If a life-threatening situation occurs, and the employee is not to blame, then he can demand the termination of the contract. The authorities are obliged to pay severance pay, the amount of which is not less than the salary for 3 months.

When selecting specialists, you need to look at their education and qualification information. Consider what criteria should be used to select candidates for the position. You can not take anyone who does not have the necessary knowledge and skills.

Qualification Requirements

You can often hear questions about whether the professional standard should be observed. The answer depends on the specific situation. We will analyze whether it is necessary to take into account the criteria.

If work is associated with restrictions, compensations and benefits that a person can receive, then education and qualifications must comply with information from qualification reference books, as well as the professional standard. But in labor code it is indicated that it is not always necessary to comply with the professional standard. It is mandatory when required by legislation or other regulatory documents. If this is not prescribed, then the authorities can optionally apply the requirements for employees.

The legislation also speaks of liability in case of non-compliance with the professional standard, when it is necessary. The company risks its security and can be held responsible for ignoring the rules before the state. After all, if she takes a person without the necessary training to the labor protection department, then an accident may occur due to a lack of required knowledge. Therefore, it is necessary to comply with the criteria that apply to experts.

Consider what kind of education a person who applies for the position of a labor protection specialist should have.

1. Higher specialized education. There should be a direction "Technospheric safety" or a similar specialty that relates to industrial safety.
2. Higher non-core (any, except labor protection) and additional education, which relates to the control of working conditions in the company. The second specialty can be obtained as retraining.
3. Secondary profile and additional, and all relate to labor protection. Professional experience must be at least three years.

Additional requirements may be in the event that the company's activities are associated with hazardous objects or substances. Then there must be special training in a particular area. You also need to get an industrial safety certification.

If a company hires a person without the necessary education and work experience, then the responsible person must pay a fine. The amount of payment for violation of the law is fixed and for 2019 is up to 5,000 rubles for officials. Legal entities will have to pay up to 50,000 rubles.

In case of a repeated violation, a fine may be imposed again, in which case officials will pay up to 20,000 rubles or may stop their activities for a period of 1 to 3 years. If we are talking about a legal entity, then it will need to pay up to 70,000 rubles or stop operating for 3 years.

Therefore, you need to remember the requirements for the qualification of a specialist for the position of labor protection and carefully observe them. Then it will be possible to avoid many problems, including human casualties. You should not try to find a low-paid specialist, sacrificing the quality of the work. It is important to hire an expert with experience, especially when the company operates in an area where life-threatening situations are common or there is a high risk of occupational disease.

Goals and objectives

The company can determine for itself what functions the work safety department will perform. But it is recommended to use a ready-made list of tasks to form goals for an employment relationship. The main function is clear, but you need to know what the provision of conditions for work includes.

1. Training new professionals in working methods that will minimize the harmful effects on health.
2. Assistance in the selection of candidates for positions that require qualifications in labor protection issues.
3. Checking equipment for serviceability, minimizing the likelihood of a dangerous situation during the execution job duties.
4. Finding ways to improve working conditions, solve existing problems.
5. Ensuring sanitary and hygienic standards that comply with regulatory documents.
6. Checking the security of buildings that belong to the company.
7. Providing workers with special suits and other protective equipment necessary to reduce the negative impact.
8. Monitoring compliance with the rest regimen for employees.

The person responsible for security must perform the tasks listed above. Their list can be much wider, because it is determined by a specific company. If a person does not fully fulfill his duties, then he has the right to be fired. You should not approach your work tasks irresponsibly, especially since people's lives depend on it.

About Documents

The occupational safety representative must maintain certain documentation to record the work done. If necessary, with the help of official papers, you can confirm that the measures were taken in a timely manner. This is especially necessary if an accident has occurred and the company wants to disclaim liability.

Consider what documents are needed.

1. Decisions of experts about the state of production.
2. Collective agreement drawn up by the head and staff.
3. The policy that is observed in the enterprise regarding the implementation and implementation of the system.
4. Compiling safety instructions. It should also be written how to act if unforeseen situations arise.
5. Journal of activities related to the training of employees in the behavior with hazardous substances and devices.
6. The results of testing the knowledge of employees related to safety at work.
7. Instructions for specific positions to avoid dangerous situations at work.

Any records of inspections and procedures must be retained. If specific actions need to be taken (for example, to replace equipment), then this should be reported to the authorities. The competence of a specialist is a guarantee of safety for people performing dangerous tasks and working with harmful substances. It is necessary to worry not only about injuries and accidents, but also about the prevention of occupational diseases.

The qualification of labor protection specialists largely determines the safety of the work process of the entire company. To regulate such activities, a professional standard for a labor protection specialist was developed. The new standard sets out the requirements for employees regarding their qualifications and length of service. However, in view of the fact that such regulations are an innovation in the legislation, questions often arise regarding the mandatory nature of their application.

General provisions of the professional standard of a specialist in the field of labor protection

This legislative document contains a list of requirements and norms that can serve as the basis for the head of the company:

• for a legal conclusion labor agreements with subordinates. In particular, the provisions should not only not contradict the provisions of the professional standard, but also comply with them in terms of qualification requirements and the availability of specific skills for the subject;
• for the formation of job descriptions of employees. The professional standard can serve as a basis for designating certain requirements for an employee, as well as provide the wording of certain functions that are supposed to be in the position;
• to increase the efficiency of work of personnel employees.

In fact, the professional standard is a characteristic of those standards that must be met professional quality subordinate.

The document was approved by the Order of the Ministry of Labor of the Russian Federation No. 524-n of 08/04/2014. The order reflects the requirements for knowledge of subjects in the field of labor safety, as well as the grouping of labor functions into 3 main areas (general functionality of the standard) and 9 auxiliary areas (specified tasks for positions).

In addition, the Order states that the minimum qualification level for such employees is the sixth. At the same time, the professional standard of an occupational safety engineer also provides for the possibility for an employee to perform official duties on the basis of the seventh qualification level - these works are characterized by increased complexity and responsibility, and are also associated with management skills.

Similarities and differences between the professional standard for labor protection and qualification reference books

Occupational standards are the modern equivalent of qualification guides, for which there is a prospect of being eliminated from the list of official legislative standards. So, if we consider the standard of a labor protection specialist and the corresponding reference book, we can conclude that they practically do not differ from each other in terms of requirements, including requirements for managerial positions in the field of labor safety.

However, there are also differences. They are as follows:

The need to apply the professional standard of a labor protection specialist in his practice

Compulsory professional standards are fixed in labor legislation. So, Special attention should be given to Art. 57 and Art. 195 of the Labor Code of the Russian Federation.

In particular, art. 57 of the Labor Code of the Russian Federation states that if labor activity employee is associated with the presence of certain restrictions or the provision of benefits and compensation to him, then the qualification requirements for the professional skills of the subject must correspond to the names and requirements from the directories or a specific position contained in the relevant professional standard.

Based on Art. 195 of the Labor Code of the Russian Federation, professional standards are not strictly mandatory for use in all cases without exception. So, the standard is mandatory only for those situations where it contains qualification requirements for a particular position. For ignoring this rule and not using the standard for those professions that are fixed in the standards, administrative liability is provided.

So, the standard "Specialist in labor protection" is mandatory for using it practical activities relevant employees from 01.07.2016

Labor functions of a labor protection specialist

The generalized labor functions assigned to be performed by labor safety specialists include:

1. Introduction and ensuring stable continuous operation of the system for the protection of the labor process.
2. Monitoring the process of the work safety system.
3. Planning, compilation, modification and modernization of the system for managing labor protection at the enterprise.

The specific functions of such employees include:

Qualification requirements for a labor protection specialist

Qualification requirements are closely related to the functional map of the standard. Based on the requirements of the qualification level, functions for specific positions are formed.

So, the qualification of the sixth level belongs to the first group of generalized functions of a labor protection specialist. This qualification includes such requirements, at least one of which the employee must meet:

1. The presence of higher education in the profile "Technosphere safety" or in a similar specialty.
2. The presence of higher education of any profile, while also the availability of additional educational courses or programs that are related to labor safety.
3. The presence of secondary education of any profile, also if the same employee has additional courses on labor protection.

For the sixth level of qualification, the following requirements for experience are provided:

• if the subject has a higher education, the experience is not mandatory;
• if the subject has an average professional education required to have at least three years of work experience.

Also, specialists in the field of labor protection can work based on the seventh level of qualification. This level corresponds to the third group of generalized functions. At the same time, the requirements for education are the same: a higher specialized education is required and the specialist must have additional advanced training courses in labor protection. Also, a feature of the seventh level of qualification is the requirement for seniority, namely, the employee must have at least five years of work experience.

Responsibility for non-application of the professional standard of a specialist in the field of labor protection in practice

The mandatory application of this standard is fixed from 07/01/2016. This means that from the specified date, all enterprises that employ employees subject to this standard must apply the standard in practice. Otherwise, refusal or ignoring such a requirement of the state is recognized as a violation of the labor legislation of the country, which, in turn, entails bringing the enterprise and its head to administrative responsibility.

In particular, the punishment comes on the basis of the articles of the Code of Administrative Offenses of the Russian Federation. So, based on Art. 5/27 of the Code of Administrative Offenses of the Russian Federation, an offense of the Labor Code of the Russian Federation regarding the use of professional standards for the first time may be limited to a warning from the state labor inspector. However, the rights of the inspector, based on his personal professional judgment, also impose penalties:

• for officials and private entrepreneurs, the amount will be from 1000 to 5000 rubles;
• for companies, the amount of recovery will be from 30,000 to 50,000 rubles.

In case of repeated violation of the law regarding the application of the professional standard of a labor protection specialist, the fine will be:

• for officials - from 10,000 to 20,000 rubles. or suspension from conducting activities in a specific position or in this area from 1 to 3 years;
• for private entrepreneurs - from 10,000 to 20,000 rubles;
• for companies, the amount of recovery will be from 50,000 to 70,000 rubles.

However, the most common violation is not ignoring by managers the requirement to apply professional standards, but the admission of an unqualified or insufficiently qualified subject to perform the duties of a labor protection specialist. Responsibility for similar violation is identical to ignoring the rules, but also entails a break in the employment relationship between the employer and the hired employee.

Thus, the professional standard of a labor protection specialist is a necessary document for the enterprise. It will help to competently regulate the activities of positions, as well as prevent unskilled persons from performing difficult functions.

The main obligations of the employer for labor protection are listed in. These include, in particular, ensuring the safety of employees during the operation of buildings, structures, equipment, the acquisition and issuance at the expense of own funds special clothing, special footwear and other personal protective equipment, organizing control over the state of working conditions at workplaces, conducting a special assessment of working conditions, etc. At the same time, entrepreneurs are increasingly turning to the portal for information on the application of certain provisions, including number related to labor protection. In this regard, we decided to recall what measures in the field of labor protection an organization must take.

Specialist or service in the field of labor protection?

The current legislation does not establish cases when an employer is obliged to create a service in the field of labor protection, and when it is enough to provide for the position of an appropriate specialist in an organization. For every employer who production activities, the number of employees of which exceeds 50 people, a labor protection service should be created or the position of a labor protection specialist () should be introduced. However, the optimal number of employees in the enterprise performing functions in the field of labor protection, according to general rule, is determined taking into account the nature of working conditions, severity and danger production process, the number of employees of the organization in accordance with (hereinafter - the Standards for the number of employees). Thus, in organizations with less than 700 employees, functions in the field of labor protection can be performed by individual labor protection specialists. In organizations with a larger number of employees, these functions can be performed by the labor protection bureau (staff: 3-5 units, including the position of the head) or the labor protection department (from 6 units or more) (,).

At the same time, if the number of employees does not exceed 50 people, the functions of a labor protection specialist can be performed by the head of the organization, another employee authorized by the employer, or an organization or specialist providing services in the field of labor protection, attracted by the employer under a civil law contract ().

Labor protection specialist: features of hiring

Let us consider the frequent case when the position of a labor protection specialist is established in an organization. First of all, for this, the employer needs to enter into the state new position by issuing an order to amend the staffing. After that, he should develop a job description and conclude an employment contract with a specialist. At the same time, it should be noted that a specialist in the field of labor protection in the staffing structure should be directly subordinate to the head of the organization, because the responsibility for ensuring safe conditions and labor protection are assigned to the employer ().

In addition, when introducing a new staff unit, it is necessary to be guided by the requirements of the section "" of the Unified Qualification Directory for the positions of managers, specialists and employees, in particular, you need to pay attention to the title of the position - labor protection specialist. Only such a name should be indicated in the employment contract, staff list and work books, that is, in strict accordance with the reference book. At the same time, if the SIT during the audit reveals a discrepancy between the name of the position and the requirements specified in the qualification directory - that is, the requirements are violated, inspector response measures can be applied to the employer.

Recall that violation of state regulatory requirements labor protection contained in federal laws and other regulatory legal acts, entails a warning or the imposition of an administrative fine on officials and individual entrepreneurs in the amount of up to 5 thousand rubles, for legal entities- up to 80 thousand rubles. ().

As for the job description of a specialist, it is not difficult to develop it. In fact, all the requirements contained in the relevant professional standard, must be included in this document (order of the Ministry of Labor of Russia dated August 4, 2014 No. 524n ""). So, for example, labor functions for a labor protection specialist are the regulatory support of the labor protection management system, monitoring the state of working conditions at workplaces, distribution of powers, responsibilities, duties on labor protection issues and justification of resource support, etc. At the same time, the answers many questions about the application of professional standards can be found in the information of the Ministry of Labor of Russia dated February 10, 2016 "".

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Labor protection service: step by step instructions

In practice, labor protection services in organizations with less than 700 employees are created mainly in hazardous industries, in difficult or dangerous working conditions. For those organizations to whom the provisions on the creation of a labor protection service (), we offer step by step instructions:

Introduce an independent unit into the structure of the organization, consisting of a staff of labor protection specialists headed by the head (chief) of the service, by issuing an order to amend the staffing table.

Establish the number of staff members and organizational structure services.

Determine the range of tasks that the service will solve by developing a job description for each employee.

Prepare a regulatory and methodological framework to ensure the operation of the service.

Provide for the organization of an office for labor protection, equipped with the necessary regulatory legal and reference literature on labor protection (for training, briefing, seminars, lectures, exhibitions).

The activities of the labor protection service are strictly regulated current legislation(Recommendations on the organization of the work of the labor protection service in an organization, hereinafter referred to as Recommendations). For example, in sections 3-4 of the Recommendations, the main functions of the labor protection service and the rights of employees of the service are fixed.

Recall that, as an alternative, the head of the organization may assign labor protection duties to a full-time employee, who, after appropriate training and testing of knowledge, along with the main work, will perform the duties of a labor protection specialist.

In addition, the head has the right to conclude an agreement with specialists or with accredited organizations providing services in the field of labor protection ().

What local regulations in the field of labor protection must be developed in the organization?

Labor legislation requires the employer to ensure the development and approval of labor protection rules and instructions for employees, taking into account the opinion of the elected body of the primary trade union organization or other body authorized by employees, as well as to prepare a set of regulatory legal acts containing labor protection requirements in accordance with the specifics of their activities ( ). Thus, the employer, in order to fulfill his obligations in the field of labor protection, develops and approves a number of documents. Let's call them:

• Order on the creation of a labor protection service (or the introduction of the position of a labor protection specialist in the staff list);
• Regulations on the labor protection service (). It prescribes the main tasks, functions of the service, the rights and obligations of employees, the procedure for interacting with other departments of the organization, responsibility for failure to perform official duties;
• Job Descriptions employees of the labor protection service. This document is approved by the head of the organization, and the employee must personally familiarize himself with the document and leave a mark about it ();
• Labor protection instructions for the employee and a list of labor protection instructions in force in this organization. The procedure for the development and approval of instructions begins with the issuance of an order by the head of the organization, which determines the list of instructions, employees responsible for the development and deadlines. approved (hereinafter - Guidelines), which regulate the procedure for the development of labor protection instructions, the procedure for their approval and requirements for their content. Instructions are developed on the basis of intersectoral or sectoral standard instruction or labor protection rules (). For example, on March 11, 1993, the Ministry of Transport of Russia approved by the Decree of the Ministry of Labor of Russia dated May 24, 2002 No. 36 -.
• Regulations on the labor protection management system (order of the Ministry of Labor of Russia dated August 19, 2016 No. 438n "");
• Order on the procedure for conducting training and testing knowledge on labor protection issues, instruction logs (introductory, primary, repeated, if necessary, unscheduled, targeted) (,). Recall that the specific procedure, conditions, terms and frequency of all types of briefings on labor protection for employees of individual industries and organizations are regulated by the relevant industry and intersectoral regulations. legal acts on safety and labor protection ( , );
• Personal accounting cards for the issuance of certified personal protective equipment (par.);
• Order on the list of professions and jobs, upon admission to which the employee must undergo a preliminary medical examination, a schedule of periodic medical examinations in relation to employees for whom such examinations are mandatory ().
• Journal of registration of accidents at work ().
• We add that the list of documents may vary depending on the specifics of the organization and individual entrepreneur. However, for each individual event in the organization in the field of labor protection, the head of his order must approve a separate document.

At the same time, employees must be familiar with the employer's local labor protection acts directly related to the conditional employment contract labor function(). The fact of familiarization is confirmed by the signature of the employee.

Special assessment of working conditions

The employer is obliged to ensure the conduct in accordance with applicable law (). At the same time, a special assessment of working conditions is not carried out in relation to the working conditions of homeworkers, teleworkers and workers who have entered into labor Relations with employers - individuals who are not individual entrepreneurs (hereinafter - Law No. 426-FZ). At the same time, we note that a remote worker is not an employee of a branch in the region, but the one with whom an agreement on remote work(). However, in relation to other categories of workers, a special assessment of working conditions is carried out without fail in accordance with the requirements, taking into account the specifics of the implementation certain types activities.

The obligation to organize and finance the conduct of a special assessment of labor rests directly with the employer. The conduct of the special assessment itself is carried out jointly by the employer and the organization or organizations admitted to the activity of conducting a special assessment, attracted by the employer on the basis of a civil law contract. conducting a special assessment of working conditions approved. Based on the results of its implementation, classes (subclasses) of working conditions at workplaces ( , ) are established. So, according to a special assessment at the workplace, it is carried out at least once every 5 years, unless otherwise provided by law. The specified period is calculated from the date of approval of the assessment report.

In addition, the employer is obliged, no later than 30 calendar days from the date of approval of the report on the special assessment of working conditions, to organize familiarization of employees with the results of the report at their workplaces, within three working days to notify the organization that conducted the assessment of the approval of the report, and in no later than within 30 calendar days to organize the placement of the results of a special assessment of working conditions on its website on the Internet ().

What working conditions should the employer provide at the enterprise?

One of the main responsibilities of the employer is to ensure safety and working conditions (). Consider what specific obligations in the field of labor protection are assigned by law to the employer.

Thus, the employer is obliged to purchase at his own expense and issue to employees certified overalls, personal protection, washing and disinfecting agents in accordance with established standards. The procedure for providing personal protective equipment is established by the Intersectoral Rules for Providing Workers with Special Clothing, Special Footwear and Other Personal Protective Equipment.

We add that in Russia there are a number of special rules that contain the basic requirements regarding the sanitary and epidemiological welfare of the population (SanPiN). When organizing the work of employees, each entrepreneur must be guided by those rules that directly relate to the scope of his activity.

In particular, the requirements for working conditions with office equipment are mandatory. To avoid fines, the employer must comply with a number of conditions when arranging workplaces. For example, the area of ​​the workplace of employees cannot be less than 4.5 sq. m (if a flat monitor is installed) or less than 6 sq. m (if workplace equipped with an old type monitor, with a kinescope). And after each hour of work, the room should be ventilated (SanPiN 2.2.2 / 2.4.1340-03 ""). Learn more about what other sanitary norms and rules apply to office workers, as well as the responsibility of the employer for non-compliance, learn from our infographic.

What is the responsibility for violation of labor protection requirements?

Failure to comply with the requirements of labor legislation in the field of labor protection may entail liability for the employer in the form of fines, disqualification, administrative suspension of activities, as well as a series of inspections by various supervisory authorities.

At the same time, liability is provided for the commission of a number of separate offenses. In particular, the admission of an employee to the performance of his labor duties without passing through in due course training and testing knowledge of labor protection requirements, as well as mandatory preliminary and periodic medical examinations, entails the imposition on the employer of an administrative fine of up to 130 thousand rubles. Even more is the amount of the fine for failure to provide employees with personal protective equipment - up to 150 thousand rubles ().

The Russian Federation provides for administrative liability for concealment by the employer of the occurrence of an insured event with compulsory social insurance against accidents at work and occupational diseases. The commission of this offense entails the imposition of an administrative fine of up to 10 thousand rubles. The above article provides for liability for violation of the norm, according to which the employer is obliged to immediately inform the insurer about an accident that occurred at work.

And for violation of the requirements of SanPiN and failure to comply with sanitary and hygienic and anti-epidemic measures, including mandatory vaccination of employees, the organization may be subject to liability in the form of a warning, the imposition of an administrative fine or an administrative suspension of activities ( Art. 6.3 Administrative Code of the Russian Federation "