Article 213 of the Labor Code of the Russian Federation medical examinations sets as necessary conditions for certain categories of employees. What are the types of medical examinations, how they are paid, what awaits the employee and employer for not passing the examination, read in the article.

Categories of employees required to undergo medical examinations in accordance with the Labor Code of the Russian Federation

Some employees, due to the nature of their job duties must undergo medical examinations. These include, first of all, those listed in Art. 213 of the Labor Code of the Russian Federation, employees.

First, they include persons working in harmful and/or hazardous conditions, which means:

1. At work, there are harmful or dangerous factors included in a special list, which is contained in Appendix No. 1 to the order of the Ministry of Health of the Russian Federation “On approval of the lists of harmful and (or) dangerous factors ...” dated April 12, 2011 No. 302n (hereinafter - Order No. 302n). These can be biological, physical, chemical factors or factors of the labor process (for example, physical activity).
2. The work itself is dangerous in nature and is included in the relevant list (Appendix No. 2 to Order No. 302n). For example, this includes work at height and work at explosive sites.

Secondly, persons working in the field of traffic are subject to mandatory medical examinations. The list of such employees is approved by the Government of the Russian Federation (Resolution No. 16 dated January 19, 2008). This includes both persons directly managing the transport, and other employees whose work is related to the movement of transport: dispatchers, operators, attendants, etc.

Thirdly, employees are required to undergo medical examinations:

• enterprises, trade, catering, food industry;
• children's institutions;
• medical organizations;
• waterworks.

Purpose of passing medical examinations at the enterprise. Types of medical examinations

1. Preliminary. They are carried out before the conclusion of an employment contract. The main goal of these is to identify if the employee has diseases that impede the performance of a particular job, and a secondary one is the early detection of diseases, as well as their prevention.
2. Periodic. As can be seen from their name, they are held once in any period of work. Their goals are to monitor the health status of an employee, prevent and timely detect occupational diseases, and prevent accidents. The specific periods of their passage are determined by annexes No. 1 and 2 of order No. 302n.

In addition, there are other types medical examinations:

1. Extraordinary. Such medical examinations of the Labor Code of the Russian Federation provides for in cases where there are relevant medical recommendations recorded in the medical report (clause 13 of Appendix No. 3 to Order No. 302n).
2. Pre-trip, pre-shift, post-trip and post-shift. As the name implies, they are held before the flight / shift or after them. The obligation to pass them is fixed in various legislative acts. So, drivers are required to undergo pre- and post-trip inspections on the basis of Part 1 of Art. 23 of the law "On security traffic» dated 10.12.1995 No. 196-FZ.

Regular psychiatric examination of some workers

In part 7 of Art. 213 of the Labor Code of the Russian Federation establishes special requirements for monitoring the health of workers whose activities are associated with increased danger and / or harmful substances and poor production factors. Such employees should be regularly examined by a psychiatrist.

The types of work that require the passage of such examinations are determined by the Decree of the Government of the Russian Federation “On the implementation of the law“ On Psychiatric Care ... ”” dated April 28, 1993 No. 377. In particular, these include work associated with exposure to harmful chemicals (for example, production and other processes associated with the release of amino acids) and physical factors (for example, work in conditions of constantly high / low air temperature, physical overload).

The purpose of such events is to determine the suitability of employees to perform their duties, requiring sobriety of mind, attention and concentration. An examination is carried out before starting work (along with a preliminary medical examination, which, as a rule, is also mandatory for such employees), and then at least once every 5 years.

The procedure for passing medical examinations

• applicants for work related to the movement of trains (see "Regulations on the procedure for conducting preliminary medical examinations ...", approved by order of the Ministry of Railways of the Russian Federation of March 29, 1999 No. 6C);
• citizens carrying out work on the destruction of chemical weapons (see "Procedure for carrying out preliminary and periodic medical examinations…”, approved. order of the Ministry of Health of the Russian Federation dated March 21, 2000 No. 101).

In relation to other employees who must undergo medical examinations, one should be guided by the procedure for conducting medical examinations specified in Appendix No. 3 to Order No. 302n (hereinafter referred to as the Procedure for Conducting Medical Examinations).

To conduct a preliminary medical examination, the employer must issue a referral for a medical examination to the applicant. This form has not been approved. The employer can use the form of the medical organization with which the contract for examinations has been concluded, or draw up the form on their own. It is only important that it contains all the necessary information specified in clause 8 of the Procedure for conducting medical examinations.

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Periodic examinations are also carried out on the basis of a referral, however, the employer must draw up lists of employees subject to examinations in advance and coordinate with the medical institution a plan for their conduct.

Based on the results of the examinations, a medical report is issued in 2 copies. One copy remains in the medical record, and the other is given to the employee or applicant. Based on this conclusion, the employer is obliged to make a decision on admission or non-admission to work.

Important! Refusal to hire on the basis that the employee has medical contraindications to it is justified. The Plenum of the Armed Forces of the Russian Federation indicated that the state of health relates to the business qualities of an employee (paragraphs 5, 6, clause 10 of Resolution No. 2 of March 17, 2004).

Medical examinations under Art. 213 of the Labor Code of the Russian Federation: who makes the payment

In accordance with Part 8 of Art. 213 of the Labor Code medical examinations of employees, as well as the examinations provided for by this article, the employer is obliged to pay. Often, for these purposes, companies enter into contracts with medical institutions. In such cases, medical examinations are paid directly by the employer in accordance with the terms of the contract. If there is no such agreement, then it is unlawful to require employees (applicants) to undergo examinations by doctors at their own expense.

However, in the case of applicants, it is permissible to establish an agreement for them to undergo medical examinations at their own expense, with subsequent reimbursement from the company.

IMPORTANT! The law does not make the employer's payment for a medical examination dependent on the results of this event. So, the inspection may reveal the unsuitability of the applicant for work, and an employment contract with him will not be concluded. But this does not relieve the employer of the obligation to pay for the inspection.

In order to receive money, an employee needs to write an application addressed to the head of the company in any form. Documents confirming payment for medical services are attached to the application. At the same time, the law does not establish a specific deadline for the payment of money on account of the costs of a medical examination. As a rule, payments are made on the next pay day.

IMPORTANT! The costs of mandatory medical examinations of employees whose work contains harmful or dangerous factors can be reimbursed by employers by reducing insurance premiums to the FSS (see "Rules financial support…”, approved. order of the Ministry of Labor of the Russian Federation of December 10, 2012 No. 580n).

If the company refuses to pay the employee money for a medical examination, he has the right to recover them in court.

What happens if an employee does not pass a medical examination

If an employee, for whom a medical examination or examination is mandatory, has not passed it, then the employer does not have the right to allow him to work. Such an employee must be removed from work (Article 76 of the Labor Code of the Russian Federation). Suspension is carried out until its cause is eliminated - that is, until the employee undergoes a medical examination / examination.

In this case, the issue of payment for the period of suspension from the performance of labor duties is resolved as follows:

• if the medical examination was not passed through no fault of the employee, then this period must be paid to him as a simple one (part 3 of article 76 of the Labor Code of the Russian Federation);
• if the employee is to blame for not passing the medical examination, the salary for this time is not paid to him.

If an employee refuses or avoids a medical examination without good reason, this can be regarded as a disciplinary offense.

Failure by the employer to comply with the requirements of par. 11 h. 2 tbsp. 212 of the Labor Code of the Russian Federation

The employer must ensure labor protection and its safe conditions. This includes, among other things, the obligation to organize and pay for mandatory medical examinations and examinations (paragraph 11, part 2, article 212 of the Labor Code of the Russian Federation).

In case of failure by the employer to fulfill this obligation, which can be expressed both in the admission of a person who has not passed the examination or examination to work, and in the admission of a person with contraindications to it, may result in a fine under Part 3 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation. The fines are as follows:

• for organizations - from 100,000 to 130,000 rubles;
• for officials and individual entrepreneurs - from 15,000 to 25,000 rubles.

In the event of a repeated violation, liability is increased - part 5 of this article of the Code of Administrative Offenses of the Russian Federation contains increased fines, as well as more severe penalties, for example, in the form of an administrative suspension of activities.

Criminal liability is also established for violation of labor protection rules. So, it is possible to bring a person to responsibility under Art. 143 of the Criminal Code of the Russian Federation, if he was allowed to work a person who did not pass a medical examination or who had contraindications to work, as a result of which consequences in the form of serious bodily harm or death occurred.

According to Labor Code medical examinations should always be organized and paid by the employer. Failure to comply with this obligation is subject to legal liability. But an employee who has not passed a medical examination due to his own fault will also experience negative consequences: he will not be paid for the time he is suspended from work.

Responsibilities for ensuring safe conditions and labor protection are assigned to the employer.

The employer must ensure:

safety of workers during the operation of buildings, structures, equipment, implementation technological processes, as well as tools, raw materials and materials used in the production;

creation and functioning of the labor protection management system;

the use of those that have passed mandatory certification or declaration of conformity in established by law Russian Federation on technical regulation of the procedure for the means of individual and collective protection of workers;

working conditions corresponding to the requirements of labor protection at each workplace;

regime of work and rest of employees in accordance with labor legislation and other regulatory legal acts containing norms labor law;

acquisition and issuance at the expense of own funds special clothing, special footwear and other personal protective equipment, flushing and neutralizing agents that have passed mandatory certification or declaration of conformity in accordance with the procedure established by the legislation of the Russian Federation on technical regulation, in accordance with established standards for workers employed in work with harmful and (or) dangerous conditions labor, as well as work performed in special temperature conditions or associated with pollution;

training in safe methods and techniques for performing work and providing first aid to victims at work, conducting labor protection briefings, on-the-job training and testing knowledge of labor protection requirements;

exclusion from work of persons who have not undergone training and instruction in labor protection, internship and testing of knowledge of labor protection requirements in the prescribed manner;

organization of control over the state of working conditions at workplaces, as well as the correct use of personal and collective protective equipment by employees;

conducting a special assessment of working conditions in accordance with the legislation on a special assessment of working conditions;

in cases stipulated by labor legislation and other regulatory legal acts containing labor law norms, organize at their own expense mandatory preliminary (when applying for a job) and periodic (during labor activity) medical examinations, other mandatory medical examinations, mandatory psychiatric examinations of employees, extraordinary medical examinations, mandatory psychiatric examinations of employees at their request in accordance with medical recommendations while retaining their place of work (position) and average earnings for the time of passing these medical examinations, mandatory psychiatric examinations;

preventing employees from performing their labor duties without undergoing mandatory medical examinations, mandatory psychiatric examinations, as well as in case of medical contraindications;

informing employees about the conditions and labor protection at the workplace, about the risk of damage to health, guarantees provided to them, compensations due to them and personal protective equipment;

granting to the federal executive authorities, carrying out the functions of developing public policy and legal regulation in the sphere of labor, the federal executive body authorized to exercise federal state supervision over compliance with labor law and other normative legal acts containing labor law norms to 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, trade union control bodies for compliance with labor legislation and other acts containing labor law norms, information and documents necessary for the exercise of their powers;

taking measures to prevent accidents, preserve the life and health of workers in the event of such situations, including the provision of first aid to victims;

investigation and accounting in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation on the procedure for industrial accidents and occupational diseases;

sanitary and household services and medical support for employees in accordance with the requirements of labor protection, as well as the delivery of employees who fall ill at the workplace to a medical organization if they need emergency medical care;

unimpeded admission 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, executive bodies subjects 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 public control bodies in order to conduct inspections of working conditions and labor protection and investigate accidents at work and occupational diseases;

fulfillment of instructions 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 public control within the terms established by this Code, other federal laws;

compulsory social insurance of workers against industrial accidents and occupational diseases;

familiarization of employees with the requirements of labor protection;

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 in the manner prescribed by the article of this Code for the adoption of local regulations;

availability of a set of regulatory legal acts containing labor protection requirements in accordance with the specifics of their activities.

Commentary on Art. 212 Labor Code of the Russian Federation

Judicial practice under article 212 of the Labor Code of the Russian Federation

Determination of the Supreme Court of the Russian Federation of September 18, 2003 N KAS03-414

The provisions contained in the Labor Code of the Russian Federation on the obligation of the employer to carry out labor protection measures with the right (and obligation) of the employer to remove from work related to the movement of trains and maneuvering (not to allow such work), as well as the obligation of the specified employee to undergo training in the prescribed manner, testing knowledge and skills in the field of labor protection (Art. Art.,, Labor Code of the Russian Federation) are not relevant to the issue of enforcement of court decisions on the reinstatement of workers whose work is related to the movement of trains and maneuvering work, and therefore the reference in The cassation appeal against these norms of the Federal Law, allegedly subject to application in resolving this dispute, is untenable.

The right to work is inextricably linked with the obligation of the employer to ensure safe conditions and labor protection (according to Articles 37, 41 of the Constitution of the Russian Federation). As noted above, the obligation to ensure safe labor protection conditions rests with the employer (Art. Labor Code of the Russian Federation). According to Art. of the Labor Code of the Russian Federation, an unreasonable refusal to conclude an employment contract is not allowed. Restriction is possible only on the grounds provided for by federal law, and therefore, the court reasonably concluded that it is possible to restrict the rights of an employee on circumstances related to his business qualities, which include his personal qualities, including the state of health. This statement is consistent with the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N (as amended by the Resolution of December 28, 2006 N 63).

the prosecutor of the city of Osinniki, Kemerovo region, filed the said application with the court, referring to the fact that during the inspection carried out by the prosecutor's office it was found that the mine administration does not comply with the norms of the articles of the Labor Code of the Russian Federation regarding the certification of workplaces for working conditions, certification of work on labor protection resulting in violation of hygienic and other labor safety standards. In 2004, the mine experienced 41 occupational injuries, including 7 cases with a severe outcome, in 3 months of 2005 there were 5 accidents, of which 1 was fatal. Investigation of accidents and verification showed that their causes are unsatisfactory organization of work, inefficiency of production control over compliance with industrial safety requirements, unsatisfactory condition technical devices and jobs. In order to prevent harm to employees of the KT-2 section (conveyor transport) of the Alardinskaya Mine branch, who work at non-certified workplaces without certification of labor protection work, the prosecutor asked that the actions of the administration of the Alardinskaya Mine branch of OAO United Coal company "Yuzhkuzbassugol", oblige the administration to suspend the operation of the "KT-2" section until the violations of the requirements of Article. Labor Code of the Russian Federation, paragraph 1.2 of the Regulations on the procedure for attestation of workplaces in terms of working conditions are eliminated.

By virtue of Art. The Labor Code of the Russian Federation imposes obligations on the employer to ensure safe conditions and labor protection in the organization.

In the case under consideration, the damage to a healthy worker of CJSC "Kord" was caused by a source of increased danger (an inclined cleaner as part of a loosening and cleaning unit), the owner of which, obliged by virtue of Art. 1079 of the Civil Code of the Russian Federation to compensate for damages, is the first defendant.

In making its decision, the court proceeded from the fact that the issue under consideration is in jointly administered the Russian Federation and its constituent entities and the powers of the latter in the field of labor protection are defined by Art. 6 FZ N 181-FZ, including the implementation of the state labor protection policy. According to part 4 of Art. 11 of this Law and Art. of the Labor Code of the Russian Federation, state management of labor protection in the territories of the constituent entities of the Russian Federation is carried out by federal executive authorities and executive authorities of the constituent entities of the Russian Federation in the field of labor protection within their powers. The Law of the Perm region "On labor protection in the Perm region" dated 07.08.1997 N 814-121 (part 2 of article 6) powers in the field of labor protection are assigned to the regional administration represented by the regional labor authority, which, represented by the Department, implements the state policies in the field of labor protection and state management of labor protection in the region. The obligations of the employer to submit documents to the relevant bodies of supervision and control in the field of labor protection are provided for in Art. Labor Code of the Russian Federation.

The employer, in accordance with Part 2 of Article of the Labor Code of the Russian Federation, is obliged to ensure the investigation and recording of accidents at work and occupational diseases in accordance with the procedure established by this Code, other federal laws and other regulatory legal acts of the Russian Federation (as amended by Federal Law of 30.06.2006 N 90- FZ).

As follows from the material, an audit of compliance with safety and labor protection requirements showed that the administration of CJSC "Yaroslavl Plant of Ventilation Products" does not provide safe working conditions, violates the requirements of Art. Art. , the Labor Code of the Russian Federation on the certification of workplaces in terms of working conditions, followed by certification of the organization of work on labor protection.

The Kolchuginsk Interdistrict Prosecutor's Office, together with the State Labor Inspectorate for the Vladimir Region, conducted an audit of the implementation of labor protection legislation in the activities of Gorets LLC, which showed that the administration does not provide safe working conditions, which violates the requirements of Art. Art. , Labor Code of the Russian Federation on certification of workplaces in terms of working conditions, followed by certification of the organization of work on labor protection.

As follows from the material, an audit of compliance with safety and labor protection requirements showed that the administration of CJSC "Yaroslavl Plant of Ventilation Products" does not provide safe working conditions, violates the requirements of Art. , Labor Code of the Russian Federation on certification of workplaces in terms of working conditions, followed by certification of the organization of work on labor protection.

According to part 2 of Art. of the Labor Code of the Russian Federation, the employer is obliged to ensure that employees are not allowed to perform their labor duties in the event of medical contraindications.

Paragraph 5, part 1, art. The Labor Code of the Russian Federation establishes the obligation of the employer to suspend the employee from work if, in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, contraindications are found for the employee to perform work stipulated by the employment contract.

Responsibilities for ensuring safe conditions and labor protection are assigned to the employer.

The employer must ensure:

the safety of employees during the operation of buildings, structures, equipment, the implementation of technological processes, as well as the tools, raw materials and materials used in production;

creation and functioning of the labor protection management system;

use of means of individual and collective protection of workers that have passed mandatory certification or declared conformity in accordance with the procedure established by the legislation of the Russian Federation on technical regulation;

working conditions corresponding to the requirements of labor protection at each workplace;

the regime of work and rest of employees in accordance with labor legislation and other regulatory legal acts containing labor law norms;

acquisition and issuance at own expense of special clothing, special footwear and other personal protective equipment, flushing and neutralizing agents that have passed mandatory certification or declaration of conformity in accordance with the procedure established by the legislation of the Russian Federation on technical regulation, in accordance with established standards, to employees employed in work with harmful and (or) dangerous working conditions, as well as work performed in special temperature conditions or associated with pollution;

training in safe methods and techniques for performing work and providing first aid to victims at work, conducting labor protection briefings, on-the-job training and testing knowledge of labor protection requirements;

exclusion from work of persons who have not undergone training and instruction in labor protection, internship and testing of knowledge of labor protection requirements in the prescribed manner;

organization of control over the state of working conditions at workplaces, as well as the correct use of personal and collective protective equipment by employees;

conducting a special assessment of working conditions in accordance with the legislation on a special assessment of working conditions;

in cases provided for by labor legislation and other regulatory legal acts containing labor law norms, organize at their own expense mandatory preliminary (upon employment) and periodic (during employment) medical examinations, other mandatory medical examinations, mandatory psychiatric examinations employees, extraordinary medical examinations, mandatory psychiatric examinations of employees at their request in accordance with medical recommendations while retaining their place of work (position) and average earnings for the time of passing these medical examinations, mandatory psychiatric examinations;

preventing employees from performing their labor duties without undergoing mandatory medical examinations, mandatory psychiatric examinations, as well as in case of medical contraindications;

informing employees about the conditions and labor protection at the workplace, about the risk of damage to health, guarantees provided to them, compensations due to them and personal protective equipment;

provision to the federal executive authorities exercising the functions of developing state policy and legal regulation in the field of labor, to the federal executive authority authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, to other federal authorities executive power 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, trade union control bodies for compliance with labor legislation and other acts containing labor law norms, information and documents necessary for them to exercise their powers;

taking measures to prevent accidents, preserve the life and health of workers in the event of such situations, including the provision of first aid to victims;

investigation and accounting, in accordance with the procedure established by this Code, other federal laws and other regulatory legal acts of the Russian Federation, of accidents at work and occupational diseases;

sanitary and household services and medical support for employees in accordance with the requirements of labor protection, as well as the delivery of employees who fall ill at the workplace to a medical organization if they need emergency medical care;

unimpeded admission 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, executive bodies subjects 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 public control bodies in order to conduct inspections of working conditions and labor protection and investigate accidents at work and occupational diseases;

fulfillment of instructions 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 public control within the terms established by this Code, other federal laws;

compulsory social insurance of workers against industrial accidents and occupational diseases;

familiarization of employees with the requirements of labor protection;

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 in the manner established by Article 372 of this Code for the adoption of local regulations;

availability of a set of regulatory legal acts containing labor protection requirements in accordance with the specifics of their activities.

Comments to Art. 212 of the Labor Code of the Russian Federation

1. In accordance with Art. 22 of the Labor Code, the employer is obliged to ensure labor safety and conditions that meet the requirements of labor protection and hygiene. Article 4 of the Labor Code prohibits forced labor. The legislator, in particular, refers to forced labor the requirement of the employer for the performance of labor duties by the employee, if he is not provided with means of collective or individual protection, or if the work threatens the life or health of the employee.

The employer must provide normal conditions for employees to meet production standards. Such conditions, in particular, include working conditions that meet the requirements of labor protection and production safety (Article 163 of the Labor Code).

2. The employer is obliged to organize proper (in accordance with SNiP 2.09.04-87 "Administrative and amenity buildings") sanitary and household and medical and preventive services. The full set and area of ​​sanitary buildings, devices, medical institutions for the respective types of organizations and the number of personnel are indicated in the named SNiP. The lack of any type of sanitary and medical facilities can be assessed by the relevant supervisory authorities as a violation of the norms of the Labor Code.

National standard of the Russian Federation GOST R ISO 12100-1-2007 "Safety of machines. Basic concepts, general principles construction. Part 1. Basic terms, methodology "approved by Order of Rostekhregulirovanie dated December 27, 2007 N 500-st.

3. It is necessary to organize the production process in such a way that the safety of workers is ensured during the operation of industrial buildings, structures, equipment, the conduct of technological processes, the use of raw materials and materials. Where required in accordance with established order and regulations, the employer must ensure the availability and proper operation of collective and individual protective equipment.

4. The employer is obliged to ensure that the working conditions at each workplace comply with the requirements of labor protection legislation, i.e. established standards for all harmful and dangerous factors. These standards are established by the relevant GOST, sanitary and building regulations, other normative documents approved by authorized bodies of state power and administration.

5. The norm on the provision by the employer of the regime of work and rest of employees is a reference. The requirements of sect. IV and V TC on working hours and rest time. At the same time, it should be remembered that the legislation of the constituent entities of the Russian Federation may improve the position of employees in comparison with the current federal legislation.

6. Overalls, safety shoes and other personal protective equipment provided for by these standards are the mandatory minimum for the employer to issue them to employees free of charge (Resolution of the Ministry of Labor of Russia dated December 8, 1997 N 61 "On approval of standard industry standards for the free issue of special clothing, special shoes and other personal protective equipment).

To the employer, taking into account the opinion labor collective the right to make decisions on the free issue of overalls and special footwear to employees in excess of standard norms at the expense of profit has been granted.

Decree of the Ministry of Labor of Russia of December 18, 1998 N 51 approved. Rules for providing workers with special clothing, special footwear and other personal protective equipment.

Personal protective equipment issued to employees must correspond to their gender, height and size, the nature and conditions of the work performed and ensure labor safety. In accordance with Art. 215 of the Labor Code, personal protective equipment for workers, including foreign-made ones, must comply with the labor protection requirements established in the Russian Federation and have certificates of conformity. The purchase and issuance of personal protective equipment to employees that do not have a certificate of conformity is not allowed.

The employer is obliged to replace or repair special clothing and special footwear that have become unusable before the expiration of the wearing period for reasons beyond the control of the employee.

In the event of loss or damage to personal protective equipment in the designated places of their storage for reasons beyond the control of employees, the employer is obliged to issue them with other serviceable personal protective equipment.

Acceptance of incoming personal protective equipment should be carried out by a commission of representatives of the employer and a trade union or other representative body authorized by employees, which draws up an act on the quality of incoming overalls, special footwear and other personal protective equipment, their compliance with the requirements of GOST.

The issuance of materials for their manufacture or money for their purchase in exchange for overalls and special footwear is not allowed. In exceptional cases, in case of non-issuance of work clothes and safety shoes established by the norms and their acquisition in connection with this by the employees themselves, the employer is obliged to reimburse the employees for the costs of purchasing work clothes and safety shoes and credit the work clothes and safety shoes as inventory of the organization.

Issuance to employees and delivery by them of overalls, special footwear and other personal protective equipment must be recorded in a personal card.

The employer is obliged to organize proper care for personal protective equipment, timely carry out washing, dry cleaning, repair, degassing, decontamination, neutralization and dedusting of overalls, as well as repair, degassing, decontamination and neutralization of safety shoes and other personal protective equipment.

7. The employer is obliged to instruct all newly hired employees on labor protection issues and train them in safe methods and techniques for performing work directly at the workplace for several shifts.

It is the responsibility of the employer to provide training on labor protection for all newcomers to work, as well as those transferred to another job within the organization. For persons hired for work, the performance of which requires special training and professional selection, preliminary training in labor protection rules must be organized with the obligatory consideration of the specifics of the profession (type of work). At the end of the course, students take an exam on knowledge of labor protection requirements.

In accordance with GOST 12.0.004-90 "System of labor safety standards. Organization of labor safety training. General provisions According to the nature and time of conducting, the briefing of employees is divided into introductory, primary at the workplace, repeated, unscheduled, targeted.

Introductory briefing is carried out with all newly hired, regardless of their education, length of service in a given profession or position, as well as with seconded, pupils, students who have arrived for industrial training or practice.

Initial briefing at the workplace is carried out with all newly admitted to the organization, transferred from one unit to another, seconded, students, students, with workers performing a new job for them, as well as with builders when performing construction and installation work on the territory of the organization. The briefing is carried out with each employee individually, with a demonstration of safe methods and methods of work.

Repeated briefing is carried out in order to check and increase the level of knowledge of the rules and instructions on labor protection individually or with a group of workers of the same profession according to the program of primary briefing at the workplace. All workers undergo such briefing at least every 6 months, with the exception of workers who are not associated with the use of tools and equipment.

Unscheduled briefing is organized when the rules for labor protection and the technological process are changed, equipment is replaced and other factors affecting labor safety. The current briefing is carried out with employees before the production of work for which a work permit is issued.

Targeted coaching is required in the following cases:

performance of one-time work not related to direct duties in the specialty (loading, unloading, cleaning the territory, one-time work outside the organization, workshop, etc.);

elimination of consequences of accidents, natural disasters and catastrophes;

production of works for which a work permit, permit and other documents are issued;

conducting excursions, organizing mass events with students.

Primary briefing at the workplace, repeated, unscheduled and targeted is carried out directly by the work manager (foreman, instructor industrial training, teacher).

Employees who have not undergone training, instruction, internship and testing of knowledge of labor protection requirements in the prescribed manner are not allowed to work.

8. Certification of workplaces for working conditions is carried out in accordance with the Procedure for attestation of workplaces for working conditions, approved. Order of the Ministry of Health and Social Development of Russia dated August 31, 2007 N 569.

9. The employer is obliged at his own expense to conduct mandatory preliminary (upon employment) and periodic (during employment) medical examinations of employees, extraordinary medical examinations of employees at their request in accordance with medical recommendations, and also prevent employees from performing their labor duties without undergoing mandatory medical examinations, as well as in case of medical contraindications.

In accordance with Art. 213 Labor Code workers engaged in heavy work and work with harmful or dangerous working conditions (including underground work), as well as in work related to traffic, employees of organizations Food Industry, Catering and trade, water supply facilities, medical and preventive and children's institutions undergo mandatory preliminary upon admission to work and periodic (persons under the age of 21 - annual) medical examinations.

Lists of harmful, dangerous substances and production factors, when working with which preliminary and periodic medical examinations of workers are required, and such works approved. Order of the Ministry of Health and Medical Industry of Russia dated March 14, 1996 N 90.

10. Investigation and registration of accidents at work and occupational diseases are carried out by the employer in accordance with Art. Art. 227 - 231 of the Labor Code, as well as with the Decree of the Ministry of Labor of Russia of October 24, 2002 N 73 "On approval of the forms of documents necessary for the investigation and accounting of industrial accidents, and the Regulations on the features of the investigation of industrial accidents in certain industries and organizations" .

11. Decree of the Ministry of Labor of Russia of July 4, 2003 N 45 approved. norms for the free distribution of flushing and neutralizing agents to employees.

Article 212 of the Labor Code of the Russian Federation with comments and changes in 2018-2019.

Responsibilities for ensuring safe conditions and labor protection are assigned to the employer.

The employer must ensure:

• the safety of employees during the operation of buildings, structures, equipment, the implementation of technological processes, as well as the tools, raw materials and materials used in production;
• creation and functioning of the labor protection management system;
• use of means of individual and collective protection of workers that have passed mandatory certification or declared conformity in accordance with the procedure established by the legislation of the Russian Federation on technical regulation;
• working conditions corresponding to the requirements of labor protection at each workplace;
• the regime of work and rest of employees in accordance with labor legislation and other regulatory legal acts containing labor law norms;
• acquisition and issuance at own expense of special clothing, special footwear and other personal protective equipment, flushing and neutralizing agents that have passed mandatory certification or declaration of conformity in accordance with the procedure established by the legislation of the Russian Federation on technical regulation, in accordance with established standards, to employees employed in work with harmful and (or) dangerous working conditions, as well as work performed in special temperature conditions or associated with pollution;
• training in safe methods and techniques for performing work and providing first aid to victims at work, conducting labor protection briefings, on-the-job training and testing knowledge of labor protection requirements;
• exclusion from work of persons who have not undergone training and instruction in labor protection, internship and testing of knowledge of labor protection requirements in the prescribed manner;
• organization of control over the state of working conditions at workplaces, as well as the correct use of personal and collective protective equipment by employees;
• conducting a special assessment of working conditions in accordance with the legislation on a special assessment of working conditions;
• in cases provided for by labor legislation and other regulatory legal acts containing labor law norms, organize at their own expense mandatory preliminary (upon employment) and periodic (during employment) medical examinations, other mandatory medical examinations, mandatory psychiatric examinations employees, extraordinary medical examinations, mandatory psychiatric examinations of employees at their request in accordance with medical recommendations while retaining their place of work (position) and average earnings for the time of passing these medical examinations, mandatory psychiatric examinations;
• preventing employees from performing their labor duties without undergoing mandatory medical examinations, mandatory psychiatric examinations, as well as in case of medical contraindications;
• informing employees about the conditions and labor protection at the workplace, about the risk of damage to health, guarantees provided to them, compensations due to them and personal protective equipment;
• provision to the federal executive authorities exercising the functions of developing state policy and legal regulation in the field of labor, to the federal executive authority authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, to other federal authorities executive power 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, trade union control bodies for compliance with labor legislation and other acts containing labor law norms, information and documents necessary for them to exercise their powers;
• taking measures to prevent accidents, preserve the life and health of workers in the event of such situations, including the provision of first aid to victims;
• investigation and accounting, in accordance with the procedure established by this Code, other federal laws and other regulatory legal acts of the Russian Federation, of accidents at work and occupational diseases;
• sanitary and household services and medical support for employees in accordance with the requirements of labor protection, as well as the delivery of employees who fall ill at the workplace to a medical organization if they need emergency medical care;
• unimpeded admission 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, executive bodies subjects 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 public control bodies in order to conduct inspections of working conditions and labor protection and investigate accidents at work and occupational diseases;
• fulfillment of instructions 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 public control within the terms established by this Code, other federal laws;
• compulsory social insurance of workers against industrial accidents and occupational diseases;
• familiarization of employees with the requirements of labor protection;
• 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 in the manner established by Article 372 of this Code for the adoption of local regulations;
• availability of a set of regulatory legal acts containing labor protection requirements in accordance with the specifics of their activities.

Commentary on Article 212 of the Labor Code of the Russian Federation:

1. Given that many of the employer's obligations to ensure safe conditions and labor protection, enshrined in Article 212 of the Labor Code of the Russian Federation, are specified in separate articles of the "Labor Protection" section and other sections and are covered in the comments to these articles, they will not be considered here (instead of references are made to the relevant articles).

2. Ensuring the safety of workers in the operation of buildings, structures, equipment, technological processes means that these processes must comply with state regulatory requirements for labor protection.

For state regulatory requirements for labor protection, see comment. to Art. 211.

On ensuring the safety of equipment, technological processes, raw materials and materials used in the production, see comments. to Art. 215.

3. In order to prevent or reduce the impact on workers of harmful or dangerous production factors, as well as to protect against pollution, workers must be provided at the expense of the employer with personal protective equipment (special clothing, special footwear and other personal protective equipment) and collective protective equipment ( technical means protection against exposure to, for example, moving parts of equipment that are a source of danger; from getting into the working area of ​​hazardous substances and materials used in the work or tools), which have passed mandatory certification or declaration of conformity in accordance with the procedure established by the legislation of the Russian Federation on technical regulation.

The content of the concepts of certification specified in paragraph 3 of part 2 of article 212 of the Labor Code of the Russian Federation as a form of confirmation of the compliance of objects with the requirements technical regulations, the provisions of standards, codes of practice or the terms of contracts and declaration of conformity as a form of confirmation of product compliance with the requirements of technical regulations is disclosed in Art. 2 of the Law on technical regulation.

The procedure for passing mandatory certification and declaring conformity is fixed in Ch. 4 of the said Law.

On the provision of personal protective equipment, see comment. to Art. 221.

The provision of employees with certified collective protective equipment is carried out by the employer in accordance with building codes and regulations, sanitary rules and regulations, intersectoral and sectoral labor protection rules and other regulatory legal acts that establish safety requirements for a specific type of production, production process, equipment, tools and etc.

4. Ensuring that workplaces comply with labor protection requirements by the employer means that their location and organization, as well as equipment and tools for work, air environment, etc., must be safe and not endanger the life and health of workers. As stated in the commentary to Art. 211 of the Labor Code, state regulatory requirements for labor protection are contained in federal laws, laws of the constituent entities of the Russian Federation and by-laws. For example, when equipping workplaces and maintaining them in a safe condition, Moscow organizations are recommended to comply with the following labor protection requirements.

Workplaces must be provided with the necessary technological equipment, safety devices, fixtures and other means to ensure healthy and safe working conditions. Equipment, office equipment, auxiliary devices, cutting, measuring and auxiliary tools, materials, workpieces, components and finished parts, products and care items for the workplace must be placed in the workplace so that conditions for safe work are provided.

Workplaces should be provided with platforms for placing materials and parts for the period of their processing. Blanks and machined parts should be placed only on the site designated for this purpose in special containers or in stable stacks (stacks, packages) with a height of not more than 1 m for metal parts and 1.7 m for wood.

On equipment, tables, mechanisms, etc. there should not be items that are not required by the conditions of production.

Workplaces for electric welding located in the production room must be fenced with permanent or portable shields with a height of at least 1.8 m, and multi-station transformers and generators must be fenced with bulkheads with a height of 2.5 m, excluding access by unauthorized persons, etc. (section 11 "Organization of the workplace" of the Methodological guidelines on labor protection for organizations in the city of Moscow, approved by order of the Moscow government of July 1, 2003 N 1140-RP, with the List of normative legal acts on labor protection, to which there are references in the text of the Guidelines, as amended and supplemented (Bulletin of the Mayor and Government of Moscow. 2003. N 42).

Safe working conditions and proper Technical equipment all jobs are provided through rational use industrial premises; improvement of technological processes and modernization technological equipment; mechanization and automation of technological operations related to the transportation and use of poisonous, flammable and combustible liquids; implementation of automatic or remote control equipment for hazardous and hazardous industries and in other ways that meet the requirements of unified intersectoral and sectoral labor protection rules, sanitary rules and norms approved in the prescribed manner.

To determine the compliance of working conditions at each workplace with labor protection requirements, the employer must organize effective production control over the level of exposure to harmful or hazardous production factors on the health of workers. For this purpose, large and medium-sized enterprises can create their own laboratories equipped with the necessary instruments and staffed by qualified specialists. In smaller organizations, such work may be carried out under contracts with organizations providing services in the field of labor protection.

The employer assigns specific duties to ensure labor protection to managers structural divisions and fixes in job descriptions or approves by order of the organization, brings to the appropriate official against receipt when hiring (appointment to a new position).

Before starting work, their manager (production manager, foreman, foreman, etc.) is obliged to check the equipment, fixtures, office equipment, ventilation, grounding, starting, signaling devices, places of work, to make sure that they are in full working order and safe.

Order of conduct certain types production control is fixed by regulatory legal acts. For example, the organization and conduct of production control over compliance with sanitary rules and the implementation of sanitary and anti-epidemic (preventive) measures are regulated Sanitary regulations SP 1.1.1058-01, put into effect on January 1, 2002 by the Decree of the Chief State Sanitary Doctor of the Russian Federation of July 13, 2001 N 18 (BNA RF. 2001. N 45).

In accordance with Art. 11 of the Law on Industrial Safety of Hazardous Production Facilities The Decree of the Government of the Russian Federation of March 10, 1999 approved the Rules for organizing and exercising production control over compliance with industrial safety requirements at a hazardous production facility (SZ RF. 1999. N 11. Art. 1305).

On the basis of these Rules, each organization operating hazardous production facilities develops a regulation on production control, taking into account the profile of the production facility, which is approved by the head of the operating organization with mandatory agreement with the territorial authority exercising state supervision in the field of industrial safety.

Responsibility for the organization and implementation of production control is borne by the head of the operating organization and the persons who are entrusted with such duties in accordance with the legislation of the Russian Federation.

If violations of safety requirements and sanitary rules are detected at the production control facility, the employer must take measures aimed at eliminating the identified violations and preventing their occurrence, including: suspend or stop the activities or work of individual workshops, sections, operation of buildings, structures, equipment , performance of certain types of work and provision of services; stop the use in production of raw materials, materials that do not meet the established requirements and do not ensure the release of products that are safe for humans, etc.

Special requirements are imposed on the employer in connection with the need to ensure radiation safety when employees handle sources of ionizing radiation. In particular, the employer is obliged to regularly inform employees (staff) about the levels of ionizing radiation at their workplaces and about the amount of individual radiation doses received by them; plan and implement special events; carry out systematic production control over the radiation situation at workplaces, in premises, on the territories of organizations, as well as over the release and discharge of radioactive substances (Article 14 of the Law on radiation safety population).

Since 1998, an annual radiation-hygienic certification of organizations has been introduced - a systematic assessment of the influence of the main sources of ionizing radiation (man-made and natural) depending on the state of the environment and living conditions.

Standard forms of radiation-hygienic passports of organizations and territories were approved on June 21, 1999 by Order of the Ministry of Health of Russia N 240, Gosatomnadzor of Russia N 65, Goscomecology of Russia N 289 (BNA RF. 1999. N 30).

The employer is also obliged to carry out special measures to prevent carcinogenic hazards, namely: to take measures to exclude the possibility of contact of employees with carcinogenic substances; replace carcinogenic substances and factors with non-carcinogenic or less carcinogenic substances and factors; limit as much as possible the number of persons exposed to carcinogenic factors; when designing or reconstructing production facilities, give preference to continuous, waste-free technological processes with a maximum degree of automation and mechanization, as well as sealed equipment, etc. Chief State Sanitary Doctor of the Russian Federation // BNA RF. 2008. N 23).

In order to identify and record enterprises, technological processes, individual workshops and production sites where employees are or may be exposed to carcinogenic factors, develop measures for the prevention of malignant neoplasms, and timely take measures to protect the health of workers, sanitary and hygienic certification of carcinogenic hazardous industries is carried out in accordance with Methodological guidelines approved in the prescribed manner, and within the time agreed with territorial bodies Rospotrebnadzor (MU 1.1.688-98 - Labor protection and social insurance. 1999. N 8. P. 71).

5. Compliance of workplaces with labor protection requirements, progressive technical, technological, organizational solutions, as well as best practices, norms and standards is determined during the certification of workplaces.

Certification of workplaces in terms of working conditions - assessment of working conditions at workplaces in order to identify harmful and (or) dangerous production factors and take measures to bring working conditions in line with state regulatory requirements for labor protection.

This work is regulated by the Order of the Ministry of Health and Social Development of Russia dated August 31, 2007 N 569 "On Approval of the Procedure for Certification of Workplaces for Working Conditions" (BNA RF. 2008. N 10) and provides for the procedure for the implementation of the activities of employers - legal entities and employers - individuals, with the exception of employers - individuals who are not individual entrepreneurs, on the certification of workplaces for working conditions, registration and use of the results of certification, and also determines research methods when assessing working conditions.

The specified Procedure should also be guided by organizations involved in the certification of workplaces for working conditions - attesting organizations.

The timing of the certification of workplaces for working conditions in the organization is established based on the fact that each workplace must be reviewed at least once every five years.

Mandatory re-certification of workplaces for working conditions (re-certification) is subject to workplaces:

• after the replacement of production equipment;
• after a change in the technological process, means of collective protection, etc.;
• upon detection of violations of the established Procedure, at the request of officials of the federal executive body authorized to conduct state supervision and control over compliance with labor laws and other regulatory legal acts containing labor law norms, as well as executive authorities of the constituent entities of the Russian Federation authorized to conduct state expertise working conditions.

Newly organized workplaces are certified after they are put into operation.

To carry out the certification of workplaces for working conditions in the organization, an order is issued, in accordance with which an certification commission is created, its composition is determined and, if necessary, the composition of the certification commissions in the structural divisions of organizations, the chairman is approved attestation commission, as well as the terms and schedules for the work on attestation of workplaces for working conditions are determined.

The attestation commission is created by the organization in which attestation of workplaces is carried out in terms of working conditions, and the attesting organization on a parity basis in order to coordinate, provide guidance and control over the work on attestation of workplaces.

The attestation commission is formed, as a rule, from specialists who have been trained in general issues of attestation of workplaces in terms of working conditions in organizations authorized for this type of training by the federal executive body that performs the functions of developing state policy and legal regulation in the field of labor protection.

It is recommended to include the heads of structural divisions of the organization, lawyers, specialists of labor protection services, personnel specialists, labor and wages, representatives of laboratory departments, chief specialists, medical workers, representatives of trade union organizations or other representative bodies authorized by employees, representatives of committees (commissions) for labor protection, authorized (trusted) persons for labor protection trade unions or the labor collective, representatives of the attesting organization.

Certification of workplaces in terms of working conditions includes a hygienic assessment of working conditions, an assessment of injury safety and the provision of workers with personal protective equipment.

The regulatory framework for the certification of workplaces in terms of working conditions is: the Labor Code of the Russian Federation, regulations containing state regulatory requirements for labor protection, as well as other documents on labor protection.

During certification, the Guidelines for the Hygienic Assessment of Factors of the Working Environment and the Labor Process should be used. Criteria and classification of working conditions R 2.2.2006-05 approved by Rospotrebnadzor on July 29, 2005

Based on the results of certification of workplaces in terms of working conditions, the certification commission develops an action plan to improve and improve working conditions in the organization, which includes, incl. activities that require financial resources. At the same time, sources of financing of measures, the timing of their implementation, performers and eliminated harmful and (or) dangerous production factors for specific jobs are indicated. The action plan for improving and improving working conditions in the organization is signed by the chairman of the attestation commission and, after agreement with the labor protection committee (commission), trade union or other authorized employee and representative body, is approved by the employer and included in the collective agreement. In addition, the commission makes proposals on the readiness for certification of the organization of work on labor protection.

According to paragraph 5.3 of the General Agreement between all-Russian associations of trade unions, all-Russian associations of employers and the Government of the Russian Federation for 2008-2010, the procedure for attestation of workplaces is subject to further improvement.

6. On ensuring the regime of work and rest of workers in accordance with the legislation of the Russian Federation and the constituent entities of the Russian Federation, see comments. to the articles of the sections of the Labor Code "Working time" and "Rest time" (clause 5, part 2, article 212 of the Labor Code of the Russian Federation).

7. For training workers in safe techniques and work methods, see comment. to Art. 225.

8. About the organization of control over the state of working conditions in the workplace, as well as the correct use of personal and collective protective equipment, see comments. to Art. 217.

9. On the organization of medical examinations, see comments. to Art. 213.

10. The employer is obliged to inform employees about the working conditions in the places where they are supposed to perform work: about the factors of the working environment and the labor process itself, about the risk of damage to health and the compensations and personal protective equipment due to them. Such information must be provided both at the time of employment and thereafter.

For example, if an employee is hired with harmful or dangerous working conditions, he must be made aware of exactly what adverse production factors he will have to deal with, what is the risk to his health (injury, occupational disease), what protection measures are taken against impact of adverse factors (collective protection measures are established, personal protective equipment is issued), what compensations are due in connection with the impact of harmful and dangerous production factors (increased wages are established, reduced work time And additional holidays, milk or therapeutic and preventive nutrition is given free of charge, etc.).

The employer is obliged to inform employees about the state of working conditions at the workplace and in the organization as a whole, in particular, inform them about the results of certification of workplaces in terms of working conditions. Direct informing employees on behalf of the employer about the state of working conditions at the workplace, as well as about the measures taken to protect against dangerous and harmful production factors is included in official duties head of the labor protection department (section I Qualification Handbook positions of managers, specialists and other employees, approved. Decree of the Ministry of Labor of Russia of August 21, 1998 N 37. M .: Prior, 2000). Conducting inspections of labor conditions and labor protection at workplaces and informing about their results is also the responsibility of committees (commissions) for labor protection created in organizations (see comments to Article 218).

In case of failure to provide employees with information about working conditions at their workplaces, they have the right to apply to higher authorities in the order of subordination (if such authorities exist), to state supervision and control over compliance with labor protection requirements (see comments to Article 353), as well as to public control bodies (see commentary to Art. 370). For the procedure for considering applications, see comments. to paragraph 9 of Art. 219.

11. The employer is obliged to prevent accidents. This obligation is realized by him by fixing in the instructions on labor protection for employees special sections on safety requirements in emergency situations, which indicate: a list of the main possible emergency situations and the reasons that cause them; actions of employees in the event of accidents and situations that may lead to undesirable consequences; actions to provide first aid to victims of injury, poisoning and sudden illness, etc. (sections IV and V of the Methodological recommendations for the development of state regulatory requirements for labor protection, approved by Decree of the Ministry of Labor of Russia of December 17, 2002 N 80 // Bulletin of the Ministry of Labor of Russia 2003. No. 5). In addition, the employer must develop a set of measures to prevent and eliminate the consequences of accidents.

Thus, organizations operating hazardous production facilities are required to: conduct training and certification of employees in the field of industrial safety; organize and exercise production control over compliance with industrial safety requirements; ensure the availability and operation of the necessary instruments and systems for monitoring production processes in accordance with established requirements; ensure the examination of industrial safety of buildings, as well as carry out diagnostics, testing, certification of structures and technical devices used at a hazardous production facility, in deadlines; plan and implement measures to localize and eliminate the consequences of accidents at a hazardous production facility; conclude service contracts with professional emergency rescue services or with professional emergency rescue teams, and in cases provided for by the legislation of the Russian Federation, create their own professional emergency rescue services or teams, as well as non-staff emergency rescue teams from among the employees; train employees to act in the event of an accident or incident at a hazardous production facility; create systems for monitoring, warning, communication and support of actions in case of an accident and maintain these systems in a usable condition (Articles 9, 10 of the Law on Industrial Safety of Hazardous Production Facilities).

Organizations operating nuclear installations, radiation sources or storage facilities for nuclear materials are required to ensure: development and implementation of measures to prevent accidents (at nuclear facility, at the radiation source and at the storage point) and reduce their negative consequences for the workers of these facilities, the public and environment; development and implementation, within its competence, of measures to protect workers and the public in the event of an accident; selection, training and maintaining the qualifications of employees of operating organizations carrying out activities in the field of the use of atomic energy, and other measures (Article 35 of the Law on the Use of Atomic Energy).

The need to develop an action plan to prevent the occurrence of emergencies and eliminate their consequences is also provided for facilities for the storage and destruction of chemical weapons and during their transportation (Articles 14, 15 of the Law on the destruction of chemical weapons).

12. To assess the quality of the employer's activities to ensure safe working conditions in organizations, the activities of the labor protection service, work on certification of workplaces, training and vocational training workers in the field of labor protection, etc. Article 212 of the Labor Code of the Russian Federation provides for the need for certification of work on labor protection. For these purposes, in accordance with the Decree of the Ministry of Labor of Russia dated April 24, 2002 N 28, the System for Certification of Labor Protection Works in Organizations (SSOT) was created, as well as the Regulations on the Certification System for Labor Protection Works in Organizations and the Rules for Certification of Labor Protection Works (BNA RF. 2002. N 33).

Federal executive authorities, executive authorities of the constituent entities of the Russian Federation, in charge of labor protection issues, were instructed to carry out preparatory work for the introduction of certification of labor protection works in organizations.

The organizational structure of the SSOT is formed by:

• Ministry of Labor of Russia;
• The central body of the SSOT, determined by the Ministry of Labor of Russia;
• labor protection center;
• central bodies of branch subsystems of SSOT;
• accredited certification bodies;
• accredited testing laboratories (centers).

Certification of work on labor protection is carried out in accordance with the applications of organizations as they are ready for verification and evaluation specified works certification bodies for compliance with the norms and requirements of labor protection and obtaining a safety certificate.

The presence of a safety certificate indicates that the state of work on labor protection in this organization complies with the established state regulatory requirements for labor protection and discounts can be made to the insurance rate for compulsory social insurance against industrial accidents and occupational diseases established by the Social Insurance Fund of the Russian Federation for the current year in accordance with the Rules for establishing discounts and surcharges for policyholders to insurance rates for compulsory social insurance against industrial accidents and occupational diseases, approved. Decree of the Government of the Russian Federation of September 6, 2001 N 652 (SZ RF. 2001. N 37. Art. 3696).

13. Social insurance of employees against accidents at work and occupational diseases is carried out by the employer (insurant) at its own expense by transferring mandatory payments to the Social Insurance Fund of the Russian Federation (insurer) in the prescribed manner (Article 17 of the Law on Insurance against Accidents and Occupational Diseases) .

The amount of insurance premiums is determined on the basis of insurance tariffs established by law.

In accordance with the Federal Law of July 21, 2007 N 186-FZ "On insurance rates for compulsory social insurance against industrial accidents and occupational diseases for 2008 and for the planning period of 2009 and 2010" (SZ RF. 2007. N 30. Article 3800) established that in 2008 and in the planning period of 2009 and 2010 insurance premiums for compulsory social insurance against industrial accidents and occupational diseases are paid in the manner and at the rates established by the Federal Law of December 22, 2005 N 179-FZ "On insurance rates for compulsory social insurance against industrial accidents and occupational diseases at work 2006" (SZ RF. 2005. N 52 (part I). Art. 5592).

The amount of tariffs is set as a percentage of the wages accrued by the employer for all reasons (income) of the insured, and in appropriate cases - to the amount of remuneration under a civil law contract in accordance with the types economic activity by class occupational risk. There are 32 such classes of professional risk by the named Federal Law. So, for the type of economic activity assigned to the 4th class of professional risk, the amount of insurance premiums will be 0.5% of the accrued wages for all reasons (income) of the insured; for types of economic activity classified as class 22 of professional risk - 3.4%. The rules for classifying types of economic activity as a class of occupational risk are approved by Decree of the Government of the Russian Federation of December 1, 2005 N 713 (SZ RF. 2005. N 50. Art. 5300). The procedure for accruing, accounting and spending funds for compulsory social insurance is regulated by the relevant Rules (Rules for accruing, accounting and spending funds for compulsory social insurance against industrial accidents and occupational diseases, approved by Decree of the Government of the Russian Federation of March 2, 2000 N 184 / / SZ RF, 2000, N 11, article 1181).

The procedure for making capitalized payments to the Social Insurance Fund of the Russian Federation upon liquidation of legal entities - insurers for compulsory social insurance against industrial accidents and occupational diseases is determined by the Government of the Russian Federation (Decree of the Government of the Russian Federation of November 17, 2000 N 863 // SZ RF. 2000. No. 48. Article 4693).

Capitalized payments are made liquidation commission(bankruptcy manager) at the place of registration of the insured by transferring them in the prescribed manner to the account of the insurer.

These payments are transferred in the order of priority established by civil law. In accordance with Art. 64 of the Civil Code to the insurer, they must be transferred as a matter of priority.

The insurance premiums accumulated by the Social Insurance Fund of the Russian Federation are used by this Fund to compensate for harm caused to the life and health of the insured in the performance of their labor duties for employment contract, and in other cases established by the Law on Insurance against Accidents and Occupational Diseases by providing the insured with all the necessary types of insurance coverage in full (see comments to Article 184).

14. Article 212 of the Labor Code of the Russian Federation not only establishes the obligations of the employer to create safe conditions and labor protection, but also obliges him to ensure unimpeded admission of officials of federal executive authorities authorized to conduct state supervision and control, 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 public control bodies for the purpose of conducting inspections of working conditions and labor protection and investigating accidents at work and occupational diseases, comply with the instructions of officials of federal executive bodies authorized to conduct state supervision and control, and consider representation of public control bodies in the established Labor Code, other federal laws terms.

Responsibilities for ensuring safe conditions and labor protection are assigned to the employer.

The employer must ensure:

the safety of employees during the operation of buildings, structures, equipment, the implementation of technological processes, as well as the tools, raw materials and materials used in production;

creation and functioning of the labor protection management system;

use of means of individual and collective protection of workers that have passed mandatory certification or declared conformity in accordance with the procedure established by the legislation of the Russian Federation on technical regulation;

working conditions corresponding to the requirements of labor protection at each workplace;

the regime of work and rest of employees in accordance with labor legislation and other regulatory legal acts containing labor law norms;

acquisition and issuance at own expense of special clothing, special footwear and other personal protective equipment, flushing and neutralizing agents that have passed mandatory certification or declaration of conformity in accordance with the procedure established by the legislation of the Russian Federation on technical regulation, in accordance with established standards, to employees employed in work with harmful and (or) dangerous working conditions, as well as work performed in special temperature conditions or associated with pollution;

training in safe methods and techniques for performing work and providing first aid to victims at work, conducting labor protection briefings, on-the-job training and testing knowledge of labor protection requirements;

exclusion from work of persons who have not undergone training and instruction in labor protection, internship and testing of knowledge of labor protection requirements in the prescribed manner;

organization of control over the state of working conditions at workplaces, as well as the correct use of personal and collective protective equipment by employees;

conducting a special assessment of working conditions in accordance with the legislation on a special assessment of working conditions;

in cases provided for by labor legislation and other regulatory legal acts containing labor law norms, organize at their own expense mandatory preliminary (upon employment) and periodic (during employment) medical examinations, other mandatory medical examinations, mandatory psychiatric examinations employees, extraordinary medical examinations, mandatory psychiatric examinations of employees at their request in accordance with medical recommendations while retaining their place of work (position) and average earnings for the time of passing these medical examinations, mandatory psychiatric examinations;

preventing employees from performing their labor duties without undergoing mandatory medical examinations, mandatory psychiatric examinations, as well as in case of medical contraindications;

informing employees about the conditions and labor protection at the workplace, about the risk of damage to health, guarantees provided to them, compensations due to them and personal protective equipment;

provision to the federal executive authorities exercising the functions of developing state policy and legal regulation in the field of labor, to the federal executive authority authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, to other federal authorities executive power 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, trade union control bodies for compliance with labor legislation and other acts containing labor law norms, information and documents necessary for them to exercise their powers;

taking measures to prevent accidents, preserve the life and health of workers in the event of such situations, including the provision of first aid to victims;

investigation and accounting, in accordance with the procedure established by this Code, other federal laws and other regulatory legal acts of the Russian Federation, of accidents at work and occupational diseases;

sanitary and household services and medical support for employees in accordance with the requirements of labor protection, as well as the delivery of employees who fall ill at the workplace to a medical organization if they need emergency medical care;

unimpeded admission 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, executive bodies subjects 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 public control bodies in order to conduct inspections of working conditions and labor protection and investigate accidents at work and occupational diseases;

fulfillment of instructions 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 public control within the terms established by this Code, other federal laws;

compulsory social insurance of workers against industrial accidents and occupational diseases;

familiarization of employees with the requirements of labor protection;

development and approval of rules and instructions on labor protection for employees, taking into account the opinion of the elected body of the primary trade union organization or other body authorized by employees in the manner established for the adoption of local regulations;

availability of a set of regulatory legal acts containing labor protection requirements in accordance with the specifics of their activities.

Commentary on Art. 212 of the Labor Code of the Russian Federation

1. This article details the main obligations of the employer to ensure safe conditions and labor protection, which are reflected not only in this section, but also in other sections of the Labor Code (see comments to the relevant articles of the Labor Code of the Russian Federation).

2. Evidence of the compliance of the state of labor protection with this employer with state regulatory requirements for labor protection is the receipt of a safety certificate on the basis of the Decree of the Ministry of Labor of Russia dated April 24, 2002 N 28 "On the creation of a certification system for labor protection in organizations" (BNA RF. 2002. N 33).

3. Compliance of working conditions at specific workplaces with the requirements of safety and labor protection is determined by the certification of workplaces, carried out according to the rules established in the Order of the Ministry of Health and Social Development of Russia dated August 31, 2007 N 569 "On Approval of the Procedure for Certification of Workplaces for Working Conditions" (BNA RF, 2008, No. 10).

4. Certification of workplaces involves an assessment of working conditions at workplaces in order to identify harmful and (or) dangerous production factors and take measures to bring working conditions in line with state regulatory requirements for labor protection.

Certification of workplaces in terms of working conditions includes a hygienic assessment of working conditions, an assessment of injury safety and the provision of workers with personal protective equipment.

Second commentary on Article 212 of the Labor Code

1. Article 212 of the Labor Code of the Russian Federation provides that the employer is obliged to ensure healthy and safe working conditions, labor protection for all employees of its production. It has established a whole set of rules on labor protection. It contains 22 main responsibilities of the employer in this area.

2. Given in Art. 212 of the Labor Code of the Russian Federation, the list of obligations of the employer to ensure labor protection is not exhaustive. They are supplemented by the relevant standards on the system of labor safety standards for specific types of work, the norms of the Code and other laws and regulations, as well as collective agreements and agreements, internal labor regulations.

All the main obligations of the employer (his administration) in the field of labor protection can be combined into the following two groups.

The first group includes the obligations of the employer for the organization of labor protection, which include the creation and operation of services, labor protection committees, financing and planning of labor protection, preventive supervision and control. This group includes the obligations of the employer to ensure:

1) training in safe methods and techniques for performing work on labor protection and providing first aid in case of accidents at work, briefing on labor protection, internship at the workplace and testing knowledge of labor protection requirements, safe working methods and work performance techniques;

2) non-admission to work of persons who have not undergone training and instruction in labor protection, internship and testing of knowledge of labor protection requirements in accordance with the established procedure;

3) certification of workplaces in terms of working conditions, followed by certification of work on labor protection in the organization;

4) in cases stipulated by labor legislation, organization of obligatory preliminary (upon employment) and periodic (during employment) medical examinations of employees and mandatory psychiatric examinations of employees at their request in accordance with medical recommendations, as well as extraordinary medical examinations at the request of employees while maintaining the position and average earnings of the employee for this time;

5) preventing an employee from performing his/her labor duties without undergoing mandatory medical examinations;

6) informing employees about the state of labor protection at their workplaces, the existing risk of damage to health, etc.;

7) submission to all bodies of supervision and control over compliance with labor legislation and labor protection and bodies government controlled labor protection of the information and documents they need for the exercise of their powers and the unimpeded admission of their officials to conduct inspections;

8) investigation and recording of accidents at work and occupational diseases;

9) 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 authorized body in the manner for the adoption of local regulations;

10) compulsory social insurance of employees against industrial accidents and occupational diseases.

The second group of obligations of the employer on labor protection is his obligation to ensure that employees exercise their right to labor protection and safe working conditions. This group includes the obligations of the employer to ensure:

1) the safety of employees during the operation of buildings, structures, equipment, the implementation of technological processes, as well as the tools, raw materials and materials used in production;

2) familiarization of employees with labor protection requirements;

3) the use of personal and collective protective equipment and the provision of them to all employees who need them at the expense of the employer;

4) compliance of each workplace with the requirements of labor protection, safe working conditions;

5) the regime of work and rest of employees in accordance with labor legislation;

6) purchase and issue at their own expense of special clothing, special footwear and other personal protective equipment, flushing and neutralizing agents in accordance with the established norms and terms of issue at work with harmful and (or) dangerous working conditions, in special temperature conditions or conditions associated with with pollution;

7) sanitary and household and medical and preventive maintenance of employees in accordance with the requirements of protection and the fulfillment of other duties provided for in Art. 212 of the Code.

3. To all specified in Art. 212 of the Labor Code of the Russian Federation, the obligations of the employer to ensure safe conditions and labor protection must be added to his obligations to ensure special labor protection for women, minors in accordance with and, as well as disabled people.