Employer in the field of labor protection. Obligations of the employer to ensure safe working conditions

Labor activity is often associated with exposure unfavorable factors on the body of a working person. For this reason, every Russian employer, regardless of any circumstances, must create working conditions for its employees that meet safety requirements. The main obligations of the employer to ensure safe environment labor are enshrined in the Labor Code of the Russian Federation. A single set of these responsibilities forms a labor protection system in our country designed to protect workers from negative production factors and minimize the number of industrial diseases, injuries, and industrial accidents.

Obligations of the employer in the field of labor protection

Preserving the life and health of workers is one of the main tasks in the formation of the system of labor protection requirements. It contains measures of a different nature, including:

• organizational and technical;
• sanitary, preventive, medical, rehabilitation and others.

Occupational hazards must either be eliminated or comply with the stipulated standards.

The list of basic measures aimed at fulfilling the employer's obligation to ensure safe conditions and labor protection is enshrined in Art. 212 of the Labor Code of the Russian Federation. Among them are the following:

• establishment in production and its management;
• the use of certified means of protecting workers from negative factors in production;
• ensuring safety in the workplace;
• observance of the regime of work and rest in accordance with the requirements of the legislation;
• providing employees with overalls and other special protective equipment at their own expense;
• training in safety skills at work, including, inter alia, briefing, training, control over the availability of relevant safety knowledge labor activity;
• assessment of working conditions on the basis of relevant legislation;
• ensuring the passage of employees medical examinations;
• providing employees with all the necessary information about the conditions and risks of work;
• investigation of cases of injuries and illnesses received at work;
• ensuring the rights of employees on social insurance, etc.

Employer's responsibility

Ensuring that employers comply with labor protection measures is one of the main tasks of the state in this area of ​​legal relations. For this purpose, the legislation establishes liability for non-compliance with the relevant requirements.

Provides sanctions for:

• failure to comply with labor protection requirements;
• violation in the field of assessment of working conditions;
• admission to work without providing knowledge in the field of labor protection, as well as without medical examinations;
• failure to provide funds to employees individual protection.

Provides for criminal liability for violations in this area.

Article 213 of the Labor Code of the Russian Federation medical examinations sets as necessary conditions for the work of certain categories of employees. What are the types of medical examinations, how they are paid, what awaits the employee and employer for failing to pass the examination, read the article.

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

Some employees, due to the specifics 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 workers.

First, they include persons working in harmful and / or dangerous 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 the approval of lists of harmful and (or) dangerous factors... "dated 12.04.2011 No. 302n (hereinafter - order No. 302n). It can be biological, physical, chemical factors or factors labor process(for example, physical activity).
2. The work itself is dangerous in nature and is included in the corresponding list (Appendix No. 2 to Order No. 302n). For example, this includes work at heights and work in explosive areas.

Secondly, persons working in the field of transport are subject to compulsory medical examinations. The list of such employees was approved by the Government of the Russian Federation (Resolution No. 16 of January 19, 2008). This includes both persons directly managing transport and other workers 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;
• water supply facilities.

The goals of passing medical examinations at the enterprise. Types of medical examinations

1. Preliminary. They are held prior to imprisonment labor contract... The main purpose of these is to identify whether the employee has any diseases that prevent the performance of this or that work, and the secondary goal is the early detection of diseases, as well as their prevention.
2. Periodic. As you can see from their name, they are held once in any period of work. Their goals are monitoring the health status of an employee, preventing and timely detection of occupational diseases, as well as preventing accidents. The specific periods of their passage are determined by Appendices No. 1 and 2 of Order No. 302n.

In addition, there are other types of medical examinations:

1. Extraordinary. Such medical examinations of the Labor Code of the Russian Federation provides in cases where there are appropriate 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 Road Safety" dated 10.12.1995 No. 196-FZ.

Regular psychiatric evaluation of some workers

Part 7 of Art. 213 of the Labor Code of the Russian Federation established special requirements for monitoring the health status of workers whose activities are associated with increased danger and / or harmful substances and bad production factors. Such staff should be checked regularly by a psychiatrist.

The types of work that involve 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 04.28.1993 No. 377. In particular, these include works 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, which require sobriety, attention and concentration. An examination is carried out before starting work (along with a preliminary medical examination, which, as a rule, is also required for such employees), and then at least once every 5 years.

The procedure for passing medical examinations

• those coming to 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. 6Ts);
• citizens carrying out work on the destruction of chemical weapons (see "The procedure for conducting preliminary and periodic medical examinations ...", approved by order of the Ministry of Health of the Russian Federation of 03/21/2000 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 - the Procedure for conducting medical examinations).

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

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

Based on the results of examinations, a medical certificate is issued in 2 copies. One copy remains in the medical card, and the other is handed over 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 identified medical contraindications to it is justified. The plenum of the RF Armed Forces indicated that the state of health refers to the business qualities of the employee (paragraphs 5, 6, clause 10 of the decree 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 Labor Code medical examinations of workers, as well as the surveys provided for in this article, must be paid by the employer. Often for these purposes, companies enter into contracts with medical institutions. Medical examinations in such cases 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 with doctors at their own expense.

At the same time, in the case of applicants, it is permissible to establish an agreement on the passage of medical examinations by them at their own expense with subsequent reimbursement from the company.

IMPORTANT! The law does not make an employer's payment for a medical examination dependent on the results of this event. Thus, an examination 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 examination.

In order to receive money, the employee needs to write a statement 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 against the cost of a medical examination. As a rule, payments are made on the next day the salary is transferred.

IMPORTANT! The costs of compulsory 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 security... ", approved. by order of the Ministry of Labor of the Russian Federation of December 10, 2012 No. 580n).

If the company refuses to pay an employee money for a medical examination, he has the right to collect 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 required did not pass it, then the employer does not have the right to admit 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, before the employee undergoes a medical examination / examination.

At the same time, the issue of paying for the period of suspension from the performance of labor duties is resolved as follows:

• if the medical examination is 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 himself is to blame for the failure to undergo a medical examination, the salary for this time is not paid to him.

If an employee without good reason refuses or evades a medical examination, 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 occupational safety and health 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).

If the employer fails 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 to it of a person who has contraindications, may result in a fine under Part 3 of Art. 5.27.1 Administrative Code of the Russian Federation. The size of the fine is as follows:

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

In case of repeated violation, responsibility increases - part 5 of the above articles of the Code of Administrative Offenses RF contains increased fines, as well as more severe penalties, for example, in the form of administrative suspension of activities.

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

According to Labor Code medical examinations must always be arranged and paid by the employer. Legal liability is established for failure to comply with this obligation. But an employee who has not passed a medical examination through his own fault will also feel Negative consequences: He will not be paid for suspension time.

Every manager must provide his employees with a safe working environment. Labor Code contains standards according to which instructions for employees are developed. Their implementation guarantees the creation of an optimal environment and the protection of the health and life of personnel. Consider further the responsibilities of the employee and employer in the field of labor protection.

Normative base

Art. 212 of the Labor Code of the Russian Federation contains the main requirements governing the activities of the head in the field of labor protection. These provisions are supplemented by Articles 222, 221 and 213. Safe working conditions at the enterprise are also formed in accordance with other regulations related to labor protection.

General Provisions

According to Art. 212 of the Labor Code of the Russian Federation, the employer must ensure the safety of the health and life of employees when:

1. Operation of structures, buildings, equipment.
2. Execution technological processes.
3. The use of materials, tools and raw materials.

When drawing up construction and reconstruction projects, the requirements of safe working conditions must be met. The same prescription must be implemented with respect to materials, raw materials, tools, technological processes, mechanisms, machines and other equipment.

Remedies

The employer's responsibility to ensure safe working conditions includes equipping workshops and other premises with collective and individual devices. At the same time, employees must be able to use protective equipment. These devices must be certified according to the rules of PPE, established by the Resolution of the State Standard. At his own expense, the manager purchases special footwear, overalls and other PPE, neutralizing and flushing agents for employees who are employed in hazardous or hazardous industries, as well as in activities carried out in special temperature conditions or pollution related.

Production environment

Creation of safe working conditions in the field of employees is one of the main tasks of the head. This regulation applies exclusively to the environment in the organization. The manager is not responsible for violation of safety measures by an employee carrying out activities at home or in other places. However, he must control the situation where the employee will be sent to perform the assigned tasks. The employer's responsibility to ensure safe working conditions includes informing an employee who, for example, is sent on a business trip to a nuclear power plant, about the presence of hazardous and harmful factors.

Schedule

The mode of rest and work is established in accordance with the legislation and other regulations related to the field of labor protection. Under the provisions of Articles 109 and 92, in certain industries, employees are provided with special paid breaks during the day. In some cases, the duration of the break for heating and rest is provided, in accordance with Art. 108 TC, should be no more than two hours and no less than 30 minutes.

Instructions

The main in the field of labor protection includes conducting training sessions with personnel. The manager can instruct the staff personally or appoint a special position. During training sessions, employees should familiarize themselves with the rules of conduct at the facility at normal times and in the event of an accident, methods of providing assistance to victims in an emergency. At the end of the briefing, a knowledge test on labor protection should be carried out. It can be done in the form of a survey or a hands-on exercise. The labor protection knowledge test reflects the level of preparedness of employees for various situations that may arise in the course of their activities. Employees who have not been instructed are not allowed to their seats. The manager or authorized persons must monitor compliance with safety during technological processes.

Medical examinations

The employer's obligations to ensure safe working conditions include a provision on the organization of professional examinations. Upon admission to the organization, employees undergo a preliminary examination. In the course of its activities, periodic medical examinations are organized. Depending on the type of activity, in the cases established by law, mandatory psychiatric examinations can also be carried out at the request of employees in accordance with medical recommendations with the retention of the position and average earnings. Employees who have not undergone examinations or have contraindications for health should not be allowed to work.

Safe working conditions and labor protection: informing employees and authorized organizations

Employees must be familiarized with local acts in the field of labor protection against signature. The head of the organization must provide the executive federal bodies involved in the development of state policy and legal regulation in the field of labor protection, authorized to supervise the implementation of the requirements of industry legislation and other provisions related to the area in question, to the trade union control bodies with documents and information that are necessary for this. authorities to carry out their functions. At the same time, authorized persons should have unhindered access to the organization in the event of inspections.

Emergency situations

Violation of safety at work can lead to an emergency. In the event of an accident, the manager must notify the authorized authorities, conduct an internal investigation and identify the culprit. Violation of safety measures at the facility involves the imposition of disciplinary measures. The manager should keep records in the organization and provide the necessary information in a timely manner to authorized services upon their request. It is the employer's responsibility to ensure safe working conditions to take the necessary measures to prevent emergencies, preserve the health and life of employees when they occur.

Additionally

Art. 212 of the Labor Code of the Russian Federation prescribes social insurance of employees against accidents and occupational diseases. The development and approval of instructions should be carried out taking into account the opinion of the body authorized by the employees (an elected group from the primary trade union). In the field of direct implementation professional activity employees, in the shops and other premises of the organization must be present posters on health and safety. At the same time, it is necessary to use the established conventional symbols for safety rules. All employees of the organization must understand and understand them. Symbols to safety rules are studied during briefings.

The manager must exercise control over the execution of the instructions by the employees, which are contained in the job descriptions. The latter sets out the specific responsibilities of workers and officials in the field of labor protection. The Recommendations establish provisions that directly affect the managers themselves.

In accordance with it, the leader must ensure:

1. In structural divisions and in the field, the implementation of regulatory and legislative acts on labor protection, government decrees and orders of the Ministry of Labor and Social Development, state supervision and control bodies, expert organizations.
2. Safe operation of structures, technical devices, the implementation of production and technological processes, the use of materials and raw materials.
3. Organization and implementation of certification of facilities and certification of sites.
4. Unhindered admission of representatives of state supervision and control bodies, state examination of working conditions to carry out inspections, investigations of emergency at work, ascertain the causes of occupational diseases.
5. The optimal schedule of activities and rest of employees in accordance with applicable law and industry regulations.
6. Compensation for damage caused by an employee occupational diseases, injury or other damage to health associated with the performance of their duties.
7. Timely payment of fines and other penalties imposed by the state control and supervision authorities for non-compliance with the requirements of the legislation in the field of labor protection, regulations on safety and hygiene.
8. Effective control over the level of influence of hazardous or harmful factors on the health of personnel.
9. Providing the authorities of supervision, management, control of the requested information on the state of working conditions in the organization, the execution of orders, as well as about all accidents, injuries and illnesses of employees that are subject to registration.

1. Contributes to job descriptions deputies, heads of departments, as well as specialists, the responsibility for ensuring labor protection or approves them by a separate order.
2. Supervises the OT service in the organization.
3. Bringing to responsibility, according to the law, persons who were negligent in ensuring safe conditions in subordinate structural units, did not take measures to comply with instructions, comply with state standards and norms, made accidents, accidents or occupational morbidity.
4. Organizes development and highlights financial resources for the implementation of measures in the field of health and safety.

Certification of places

This procedure should be carried out in accordance with the Regulation to the Resolution approved by the Ministry of Labor. According to clause 2.2, in order to carry out certification, the head of the organization issues an order on the appointment of a commission. This body must include specialists from the labor protection and organization, wages, chief specialists, heads of departments, doctors, representatives of trade unions, authorized (trusted) persons of the team. According to clause 3.1.1 of the Regulations, during the certification of places, all factors that pose a danger or harm to health are subject to assessment. Biological, physical, chemical conditions, tension and severity of labor. The Commission also checks the availability and readiness of collective and individual protective equipment. Certification is carried out at all places available in production.

Evaluation results

According to clause 5.4 of the Regulations, attestation documents serve as the basis for the formation of a database of existing conditions at the enterprise. The results of the assessment should be communicated to all personnel in the organization. The storage of attestation documents is carried out at the enterprise. Papers are acts of strict accountability.

Tasks of the Commission

The certification committee evaluates:

1. Trauma safety places.
2. PPE functionality.
3. The actual state of the production environment.

The commission also:

1. Sets the level of tension and severity of professional activity.
2. Evaluates the safety of places with the definition of a class.
3. Develops and submits proposals for improving the state of the environment.
4. Determines the readiness of the organization to undergo certification for compliance with the established requirements of safety and labor protection.

Documentation

According to clause 4.2 of the Regulation, the results of the commission's activities are documented in a special protocol. Attached to it:

1. Sheets of workplaces and the results of their certification.
2. Rating cards.
3. A summary sheet on the safety of places in the organization.
4. The plan of the envisaged measures for the improvement and improvement of the environment.

The certification card should be drawn up for each workplace or for their group when performing activities of a similar nature.

Classification

The analysis of the degree of hazard and harmfulness is carried out in accordance with Guideline 2.2.2006-05 by comparing the information obtained when measuring indicators with the established hygienic standards. According to the results, the class of conditions for the workplace or their group is determined:

1. First. This class is assigned to places with optimal conditions labor. They should be understood as an environment in which the tools and equipment used fully comply with standards and regulations, ready-to-use protective equipment is available, and employees are instructed and trained.
2. Second. This class is set for permissible working conditions. In this case, the defects and damages of protective equipment revealed during the assessment do not affect their functionality.
3. Third. This class is assigned to hazardous working conditions. During certification, the absence of protective equipment was found or they are faulty; not available necessary instructions for employees, there is no training for employees.

A certified place is a place where no harmful or hazardous factors are found (or their content is within the limits), the occupational safety and health requirements are fulfilled.

Using the results

The information obtained during the assessment is applied to:

1. Planning and implementation of labor protection measures in accordance with the current legislation.
2. Certification of a production facility for compliance with established standards.
3. Justifications for the payment of compensation and the provision of benefits to employees who are engaged in heavy or harmful (hazardous) activities, in the manner prescribed by law.
4. Establishing a connection between morbidity and the performance of professional duties, establishing a diagnosis.
5. Resolving disputes and disagreements in court.
6. Consideration of the issue concerning the suspension (termination) of activities structural unit, workshop, site, equipment, technology changes that pose a direct threat to the state of personnel.
7. Contributions to contract of employment(agreement) working conditions.
8. Familiarization of employees with the factors that take place in the organization.
9. Formation statistical reporting on the state of labor conditions, on benefits and compensations paid to employees carrying out their activities in a harmful (hazardous) environment, according to f # 1-T.
10. Application of appropriate sanctions (administrative and economic measures) to the perpetrators who do not comply with the requirements for health and safety.

Appendices to the Regulation

Additional documentation provides:

• List of basic standards for the occupational safety system, sanitary and hygienic standards used in the certification of places.
• Scorecard form.
• Trauma certification protocol.
• List of places and evaluation results.
• PPE check protocol.
• on injury safety.
• Protocol of certification of places for labor conditions.

Controlling authorities

The function of state supervision is entrusted to the bodies for the examination of labor conditions. The Letter of the Chief Sanitary Doctor considered the issue of issuing sanitary and epidemiological conclusions for certification of places in medical and preventive organizations for a fee. Certification is carried out by accredited bodies. The objects are labor protection work performed in organizations, regardless of their form of ownership and organizational and legal management system. Failure to comply with health and safety regulations will result in administrative and disciplinary action. Employees have the right to apply to protect their interests. Employees can also suspend activities if there is a threat to their health or life.

Certification

The authorized bodies assess the working conditions in the field in accordance with the following criteria:

1. The level of danger and harmfulness.
2. The degree of injury safety.
3. Availability of PPE and their effectiveness.

According to clause 27 of the Regulation governing the certification of labor protection, the Resolution of the Ministry of Labor, the results of the analysis and assessment of compliance with the established standards and regulations allow making a decision on the refusal or issuance of a permitting document to the organization. If the actual indicators of harmful and dangerous factors are higher than the established standards according to the above three criteria, the environment is considered to threaten the life and health of employees. A place assigned to the second class is considered conditionally attested. The Commission makes proposals to bring the conditions in line with established standards... When attributing a place to the third class, it is considered not certified. In this regard, it must be re-equipped or liquidated.

Medical examination

According to Art. 213 TC, medical examinations are provided for a number of categories of employees. They must be passed by people engaged in hazardous, underground work, as well as in activities related to traffic. Periodic and preliminary examinations are carried out by licensed institutions. In the course of medical examinations, the professional suitability of employees for a specific type of work is determined, as well as prevention of occupational morbidity is carried out. These inspections must be passed by employees involved in Food Industry, public catering and trade, in treatment-and-prophylactic, plumbing, children's and some other organizations. Such measures are necessary to exclude the spread and prevent morbidity in the population. Employees who ensure the movement of trains, in accordance with government decree, must also undergo periodic and initial medical examinations. Lists of hazardous or harmful factors and types of activities during which examinations are carried out, the procedure for conducting them is approved in the Order of the Ministry of Health.

Occupational safety is recognized as a necessary part of legal production activities. To provide safe work employees of the company, the employer must perform their duties in strict accordance with the regulations. Violation or disregard of these requirements can lead to serious adverse consequences for the company.

General information about the obligations of the employer in the field of labor protection

It is understood as a set of measures that are aimed at preserving the life and health of subordinates who carry out work activities. In order for the specified system to function stably and without failures, it is envisaged wide range various measures, including labor protection (Article 209 of the TKRF).

Based on Art. 212 of the Labor Code of the Russian Federation, the main task of the employer is to ensure the safe work of subordinates who carry out their job duties in the manufacture of goods, the use of devices and mechanisms, various structures or in the course of rendering services.

Also, the head of the company must provide all workplaces in all production areas of the enterprise with a rational mode of work and rest. This aspect also refers to the problem of labor protection.

Among other things, the duties of the manager include providing subordinates with a special work uniform and personal protective equipment, if this is provided for by the positions of employees. Employees must also take courses to provide first medical care organized by the management of the company. The employer also has the right to appoint a preliminary (before registration employment contract) and periodic (at regular intervals during the performance of labor activity) medical examinations.

The manager is also entrusted with the responsibility to carry out a special assessment of the working conditions in production.

Obligations of the employer for labor protection in the field of training subordinates

Based on Art. 225 of the Labor Code of the Russian Federation, the head is required to carry out educational courses on aspects of the safety of the work process in the institution, as well as regularly check the knowledge acquired by subordinates, that is, conduct certification.

Private entrepreneurs also have to implement all labor safety measures, as well as legal entities.

The procedure for organizing educational courses in the field of occupational safety and the procedure for attesting the relevant skills is fixed in the Decree of the Ministry of Labor of the Russian Federation No. 1/29 of 01/13/2003.

The need for additional education appears in conditions when the subject is first employed for a position, as well as if the person changes direction of activity or position. Moreover, such events are the responsibility of the employer.

It is important to note that some groups of employees may not receive initial briefing if their positions do not provide for such a procedure. In this case, the list of these groups of employees is determined by the head of the company, who relies on information about the characteristics of the positions. For example, is the activity of a particular person related to the management of production mechanisms and equipment, are they used in the course of production process any electrical tools, etc.

Obligations of the employer to ensure labor protection in terms of assessing working conditions

Based on Art. 212 of the Labor Code of the Russian Federation, the employer is obliged to carry out a special check of subordinates. All positions in the company are subject to a similar assessment, with the exception of those individuals who work remotely, as well as those who work for hire and do not have a certificate of a private entrepreneur.

The main task of the assessment under consideration is to find out whether the company has factors that carry a potential threat to the production process and the health and life of employees. The object of assessment is the level of influence of negative factors on subordinates.

The procedure for such an event is fixed in the Order of the Ministry of Labor No. 33-n dated January 24, 2014, which defines a list of situations requiring a special assessment procedure from the employer. At the same time, such an operation can be carried out by employees of a third-party company carrying out activities in the appropriate profile, and having the necessary agreement with the audited company.

First of all, the assessment is required to be carried out at those facilities where certification was not carried out, or was carried out for a long period of time ago.

The following employees of the company are subjected to a similar assessment:

• subjects whose positions imply early retirement;
• persons who are entitled to receive additional payments after the fact harmful conditions work;
• those workplaces where, upon the inspection of the enterprise, violations were identified that negatively affect the work process.

Obligations of the employer in terms of conducting regular medical examinations

Based on Part 2 of Art. 212 of the Labor Code of the Russian Federation, the manager may be responsible for paying for certain types of medical examinations of subordinates, that is, and should be carried out at the expense of the company.

In addition, proceeding from Part 3 of Art. 213 of the Labor Code of the Russian Federation, in conditions of need under complicated labor circumstances, medical examinations should be carried out every day or several times a day. In this case, all the costs of their implementation are borne by the organization.

In particular, it is required to survey the health status of those employees who work in potentially hazardous conditions, including underground work, as well as those subjects whose main job responsibilities include transport management.

Compulsory medical checks also apply to food-oriented employees, retail outlets, catering, engineering networks, as well as medical organizations and institutions involved in the upbringing and leisure of children.

Obligations of the employer to ensure the labor protection conditions of subordinates with protective equipment

The employer is obliged to provide subordinates with the opportunity to receive collective and individual, if necessary. This need is formed at those production facilities that involve elevated level danger to the health and life of employees. For example, proceeding from Art. 212 of the Labor Code of the Russian Federation, such conditions are complex temperatures and the presence heavy pollution air.

Protective equipment is not only specialized equipment, but also appropriate clothing. Based on Art. 209 of the Labor Code of the Russian Federation, the main purpose of these attributes is to protect a person from various pollution, as well as to prevent the active influence of negative production factors on the health and life of a worker.

Collective remedies are often recorded in production area... They are designed to eliminate or minimize the influence of negative factors of activity. Wherein similar funds protections ensure the safety of all personnel working in a particular room.

Personal protective equipment is provided personally to each subordinate for use by the owner only. So, this group of protective equipment includes special clothing, shoes, helmets, helmets, shields, etc.

The procedure for providing subordinates with the considered attributes is fixed in the Order of the Ministry of Health of the Russian Federation No. 290-n dated 01.06.2009.

Protective equipment can be issued even to those employees whose positions do not fall under the regulations of the specified standard. This action is possible if such a need was established by the results of a special assessment of working conditions.

State control over the proper performance of the employer's obligations to ensure labor protection

Safety measures for the production process must be financed from the company's budget. However, on the basis of Art. 226 of the Labor Code of the Russian Federation, there is a permission to partially attract finances from the state budget and third-party sponsors.

So, it is legitimate to direct a certain amount of deductions for insurance against accidents on labor protection measures. At the same time, it is legal for a company to use a maximum of 20% of the amount of insurance premiums accrued over the past 12 months.

Often, such government charges are used to carry out a special assessment of working conditions, as well as for the purchase of personal protective equipment. In addition, the funds are also recommended to be used to finance medical examinations and catering appropriate for work.

Also, state structures in terms of labor safety should:

Also, in the event of an accident at the enterprise, a government agency will take part in the investigation of the causes of this phenomenon.

Liability for non-fulfillment of the employer's obligations to ensure labor protection conditions

Responsibility for the employer comes under the Code of Administrative Offenses on the basis of the following articles:

• Art. 5/27 provides for a fine for legal entities from 100,000 to 200,000 rubles for failure to comply with the requirements of labor legislation and other acts regulating labor protection rules;
• Art. 5/28 fixes responsibility for the employer's ignorance of the need to participate in the drafting of a collective agreement;
• Art. 5/31 determines the punishment for non-compliance of the employer's actions with the clauses of the collective agreement;
• Art. 15/34 provides for a fine for legal entities in the amount of 5,000 to 10,000 for concealing an emergency in the company;
• Art. 19/5 defines the liability for the employer if he does not comply with the instructions public service to correct errors in the context of labor protection.

In case of violation of the law, the head of the company will not be limited to a fine. Such an act threatens with an additional number of checks, attestations, etc.

Also, the employer is provided with criminal liability in terms of labor protection, namely:

• Art. 145 of the Criminal Code of the Russian Federation fixes a fine of up to 200,000 rubles. for unreasonable refusal to hire, as well as dismissal of a woman expecting a child, or a woman with children under 3 years old;
• Art. 145/1 of the Criminal Code of the Russian Federation provides for imprisonment for the head of the company if he has not fulfilled his obligations to issue wages and other guarantees to his subordinates.

Thus, the employer has a number of OSH responsibilities. Any manager is strongly encouraged to read legal framework of the considered issue, and also to form a separate subdivision for labor protection.