Responsibilities of the employee to ensure labor protection at the enterprise. “Responsibilities of an employee in the field of labor protection” - what is it? The main responsibilities of a labor protection worker

An injury or illness received at work is an extremely negative phenomenon. Any human activity will be meaningless if it brings harm rather than benefit. Each of us must take care of our own health, and in the workplace this obligation extends to the people around us - our colleagues.

Management of an organization as a whole cannot be imagined without the task of preserving the life and health of people. The foundation of such work is a clear, structured distribution of powers and responsibilities, and its effectiveness depends on personal performance discipline.

Distribution of labor protection responsibilities among employees

Separation of responsibilities is always a labor-intensive process. In occupational safety and health, for successful delegation, it is necessary to take into account the structure of the organization, the level of rights, duties and responsibilities in occupational safety. To build a really working system, it is necessary to determine and fix the powers and level of responsibility of managers of different positions - who manages the work, plans and controls its progress.

The main tasks and requirements are fixed with the help of local regulations (instructions, rules, contracts). It is important to remember that employees familiarize themselves with all documents against signature. In other words, the head of the enterprise divides responsibilities between middle-level managers, and thereby relieves himself of responsibility. To appoint a person in charge, he must first be trained in accordance with the relevant rules, have his knowledge tested and be issued a certificate.

The main responsibilities of labor protection workers

The main burden of creating safe conditions rests with the employer.

Among other things, according to , he must provide and organize:

• Safety when using tools, operating buildings and structures;
• Issuance of personal and collective protective equipment;
• Operating hours that do not contradict the law;
• Instructions, paid internship, knowledge testing;
• Accident investigation;
• Certification of workplaces.

The main responsibilities of an employee regarding labor protection (Article 214 of the Labor Code) are not so numerous. They boil down to meeting established regulatory requirements, correct use of PPE, and passing medical examinations. It is also mandatory for the employee to undergo training, internships, and instructions with appropriate knowledge testing.

Job responsibilities of labor protection workers

The job descriptions of managers may include solutions to general safety issues at work. For example, general safety management at the work site; organization of briefings, knowledge testing; carrying out control of the second (first) stage.

You can also specify more specific actions in the instructions:

• Training of newly hired employees;
• Monitoring compliance by subordinates with norms and instructions;
• Filling out applications for personal protective equipment, workwear, footwear and monitoring their use;
• Compliance with the instructions of government agencies and internal auditors;
• Providing the department with regulatory documentation and visual means of propaganda;
• Suspension of equipment operation if it is not safe;
• Registration of work permits.

For employees in office and blue-collar professions, the main job tasks consist mainly of complying with the requirements of regulations. For example, an employee must know and apply the requirements of occupational safety instructions for his position. When working with machines and mechanisms, you cannot do without knowledge of the rules for their safe operation and the technology of the work performed.

Before starting work, the employee must inspect his workplace, make sure that the wiring, grounding devices, tools, the presence of fences, alarms, personal protective equipment, and other necessary equipment are in good condition, and use them only for their intended purpose.
While work is being carried out, it is prohibited to allow anyone into the work area without permission. Based on the specifics and area of ​​production, responsibilities in the labor protection sector may change.

Responsibilities of an employee to ensure labor protection at the enterprise

The rights and obligations to create safe working conditions are clearly stipulated by law.

In addition to the obligations already discussed above, the employer is also obliged to provide all employees with:

• Safe workplace;
• Accident insurance;
• Information about working conditions before starting work;
• Free receipt of PPE, workwear and safety footwear;
• Free education;
• Participation in the commission of investigation of the National Assembly (if necessary);
• Extraordinary medical examination.

Responsibilities of employees to comply with labor protection requirements at the enterprise

The obligations of employees to the administration may include concern for their own safety and the safety of others (in particular, work only with working equipment and tools), mandatory participation in meetings dedicated to labor protection. An important point is compliance with the work and rest schedule. Employees who witness (or even cause) injuries, accidents or unsafe conditions have a responsibility to report it immediately.

Thus, mutual, conscientious fulfillment of obligations on the part of managers and the workforce greatly reduces the risk of threats to the life, health of workers and the normal functioning of the organization.

Responsibilities of an employee in the field of labor protectionis a topic that doesn't come up often. For some reason, it is generally accepted that the responsibility for labor protection rests solely with the employer, although in fact this is far from the case. In the article we will talk about the responsibilities in this area that are officially, i.e. at the legislative level, assigned to employees.

Responsibilities of an employee in the field of labor protection

The responsibilities of workers in matters of labor protection are enshrined in Art. 214TC RF. According to this legal norm, these include:

Don't know your rights?

1. Compliance with labor safety requirements. This means that any employee is obliged to follow the instructions of this kind in force at the enterprise. It is important to note that the obligation to comply with the requirements is assigned to the employee only when the employer has familiarized him with the existing requirements by signature. At established intervals, all employees of the enterprise must be briefed on labor protection (both scheduled and unscheduled), and primary briefings are required (upon joining a job or transferring an employee to a new workplace).
2. Application/use of personal and collective protective equipment in accordance with the rules for their use. When using them at an enterprise, an employee must not only have the skills to use them correctly, but also apply the existing skills in practice. The manager, occupational safety specialist or other person involved in occupational safety issues must inform the company’s employees about the correct use of PPE.
3. Completion of workplace safety training. This item includes not only briefings regarding labor safety issues, but also briefings on the following issues:

• provision of first aid at work;
• completing an on-the-job internship;
• security knowledge testing, etc.

At the same time, the employer must create conditions for employees to gain knowledge in the field of occupational safety, and they, in turn, are obliged to take advantage of the opportunities provided.

1. Informing management (superior or immediate superior) about accidents, breakdowns, and other situations that have occurred at work that pose a threat to the life or health of people, as well as about the deterioration of one’s own health, including cases of the development of occupational diseases, including acute poisoning.
2. Passing mandatory medical examinations - both initial (upon entry to work) and periodic. It is important to note that the employer must organize and bear the costs of undergoing such medical examinations, and the employee does not have the right to avoid undergoing them.

Liability arising in the event of non-fulfillment (improper fulfillment) of duties in the field of labor protection

If there is any obligation, then, accordingly, there is also responsibility for its failure to fulfill it. The same rule applies in the field of labor protection. So, for example, Art. 419 of the Labor Code indicates that disciplinary, civil, administrative, and financial liability measures may be applied to a person who has violated labor legislation in the field of labor protection. In this case, criminal liability cannot be ruled out.

More details about each type of responsibility:

1. Disciplinary

   According to Art. 192 of the Labor Code, those working for failure to fulfill labor duties (which includes compliance with labor protection rules) can be held accountable in the form of a reprimand, reprimand or dismissal on appropriate grounds. Dismissal for non-compliance with labor protection requirements, if it entails serious consequences, is provided for in paragraph “e” of Part 6 of Art. 81 Labor Code of the Russian Federation. This clause also includes the employer’s obligation to remove from work an employee who has not completed training and knowledge testing in the field of occupational safety, or an employee who has not passed a mandatory medical examination.

2. Material

   Failure to comply with labor protection requirements may occur for an employee if he, through his guilty actions, caused material damage to the employer.

3. Administrative
   Such liability is provided for in Art. 5.27 Code of Administrative Offences. In accordance with the specified legal norm, an official (a specialist who is obliged to monitor compliance with labor protection requirements at the enterprise - senior power engineer, engineer, foreman, etc.) who has violated the requirements of labor legislation or other regulations containing labor protection standards , is brought to administrative liability in the form of a fine in the amount of 1 to 5 thousand rubles. If the culprit is brought to administrative responsibility for a similar offense again, the fine will range from 10 to 20 thousand rubles. In addition, disqualification of the employee for a period of 1 to 3 years is not excluded.
4. Criminal

   The possibility of bringing a person who was entrusted with the responsibility to comply with labor safety rules/requirements to criminal liability is stated by the Criminal Code in Art. 143. So, for example, if, as a result of non-compliance with these, the victim is caused grievous harm, the perpetrator is subject to a fine, the amount of which can reach up to 400 thousand rubles, or penalties in the amount of earnings or other income received for a period of up to one and a half years. The culprit may also be sentenced to compulsory or correctional labor. If violations of the rules in force at the enterprise (organization) in the field of labor protection led to the death of the victim, then the perpetrator may be assigned:

• forced labor for a period of up to 4 years (with or without deprivation of the right to hold certain positions or engage in certain types of activities);
• imprisonment for the same period (both with and without deprivation of the right to engage in a certain type of activity or hold certain positions).

Our society has a tradition of always blaming employers and entrepreneurs. When hearing the phrase “occupational health and safety,” many will think that this term does not apply and does not apply to an ordinary employee, that this is the direct responsibility of the employer only. But from a legal point of view this is not so. There are employee responsibilities in the field of labor protection.

Art. 214 Labor Code of the Russian Federation

This article of the Code regulating labor relations specifically points to them. The employee must comply with all labor protection requirements, as well as correctly and timely use special protective equipment.

Example of an article in practice

The turner at the factory did not wear a special protective helmet. was held. The specialist signed a document confirming this. He was also given a protective helmet upon signature. He was fine. But the employee did not want to put it on because he felt uncomfortable wearing it. The result was an accident. The turner was injured. In this incident, the employer is not responsible for the incident. A turner has certain responsibilities as an employee in the field of labor protection. He knew about them and purposefully violated the instructions. Unfortunately, such examples occur very often in life. People at construction sites, in hazardous production areas, and when working with flammable materials often neglect their own safety. Our country is one of the leaders in the world in terms of the number of accidents at work. And no matter how severely employers are punished, emergencies and injuries will still occur. Therefore, every employee must have an understanding and bear responsibility for violating basic safety rules.

Medical checkup

An employee’s responsibilities in the field of labor protection include mandatory ones, both before employment and periodic ones during work. In each area, the periods and conditions of passage are individual. The concept of “employee” includes all employees of the organization, including managers. For each category, depending on the position held, the procedure and rules for medical examinations are specified in the job description.

Self-training as a duty

The main responsibilities of an employee in the field of labor protection also include training and increasing competence in this area. For example, a heavy vehicle driver must improve his professionalism and learn safe work practices. This also includes undergoing mandatory training in providing first necessary (emergency) assistance in children's and other organizations.

Hidden your health condition - get punished

Also, the responsibilities of an employee in the field of labor protection include notifying the manager about deteriorating health that affects professional activities and can lead to illness in others. An indicative case occurred in one of the children's health camps during the summer holidays. One cook's open stage of tuberculosis worsened. As a result of contact with food, utensils, and airborne contact in enclosed spaces, some children developed health complications. It turned out that the employee knew about the deterioration of his condition. He underwent mandatory fluorography using fake documents in order not to lose his only source of income. For this, the employee is subject to liability in the field of labor protection, up to criminal punishment and actual imprisonment.

Special areas of work

There are also additional responsibilities for certain areas. For example, for workers, according to the Federal Law of July 21, 1997, in the event of an accident, they are required to carry out work to eliminate the consequences. Failure to comply with these measures will not only result in disciplinary action, but may also result in removal from your position.

The first responsibility of an employee in the field of labor protection

It consists of undergoing all examinations if required by job responsibilities. This is not only related to professional suitability. The life and health of others, including children, may depend on this. The employer has the right to remove from his position an employee who fails to undergo a medical examination on time before passing it. In this case, wages are not paid to the violator. In addition, suspension suspends seniority and affects vacation time.

However, these sanctions do not apply to employees who fail to undergo a medical examination through no fault of their own. In this case, such an employee is paid a salary and has a length of service during the forced downtime.

If, due to the fault of a violator of labor safety requirements, an accident, breakdown, catastrophe occurs, or a threat to the safety and health of others is created, then the employer has the right to dismiss him in accordance with the labor code.

Training of workers in the field of labor protection

It must be carried out under the supervision of a manager. These include:

• Specialized courses in first aid.
• Theoretical trainings and practical exercises on eliminating accidents and emergencies.
• Internal briefings on
• Self-training and more.

As for the last point, it is the most important. It is impossible to teach an employee if he himself does not make any effort. It is important that everyone in the team not only knows the employee’s responsibilities in the field of labor protection, but also understands the full responsibility for violating safety regulations. After all, not only the safety of the employee himself, but also of colleagues, surrounding citizens, and children depends on compliance with standards and working conditions.

A lot depends on the employer, but not everything.

The list of responsibilities of business managers includes many items:

• ensuring safety at work;
• provision of protective equipment and collective protection equipment;
• taking emergency measures to eliminate the consequences of accidents and disasters;
• organizing educational courses and trainings for employees in order to increase their competence in occupational safety;
• informing employees about the state of working conditions, existing risks associated with certain professional activities;
• ensuring investigations in accordance with the legislation on safety violations by enterprise employees.

But these and other measures on the part of management will not bring the expected results if the employees themselves ignore the rules, do not follow safety precautions and deliberately put themselves and the people around them at risk to life and health. Before you ignore basic safety rules and don’t wear a protective helmet, goggles or gown, you must remember that all safety requirements are written in human blood. No matter how scary it may sound.

1. Responsibilities of employees in the field of labor relations and labor protection

2. Responsibility of the employee in the field of labor relations and labor protection

3. Duties and responsibilities of officials to comply with the requirements of labor and labor protection legislation

1. Responsibilities of an employee in the field of labor relations and labor protection

In accordance with Art. 21 and Art. 214 of the Labor Code of the Russian Federation, the employee is obliged to:

¨ conscientiously fulfill his labor duties assigned to him by the employment contract;

¨ comply with internal labor regulations;

¨ observe labor discipline;

¨ comply with established labor standards;

¨ comply with labor protection and occupational safety requirements;

¨ treat with care the property of the employer (including the property of third parties located at the employer, if the employer is responsible for the safety of this property) and other employees;

¨ immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property (including the property of third parties owned by the employer, if the employer is responsible for the safety of this property);

¨ correctly use personal and collective protective equipment;

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

¨ immediately notify your immediate or superior manager about any situation that threatens the life or health of people, about every accident that occurs at work, or about a deterioration in your health, including the manifestation of signs of an acute occupational disease (poisoning);

¨ undergo mandatory preliminary (upon employment) and periodic (during employment) medical examinations (examinations), as well as undergo extraordinary medical examinations (examinations) at the direction of the employer in cases provided for by the Labor Code and other federal laws.

If an employee evades a medical examination or fails to comply with recommendations based on the results of examinations, as well as if the employee does not undergo medical examinations, the administration should not allow the employee to perform his job duties.

2. Responsibility of employees in the field of labor relations and labor protection

It should be emphasized that, strictly speaking, employees are liable for failure to fulfill any of their job duties, including labor protection.

The responsibility of employees (managers, specialists, performers) is an integral part of preventive measures in the field of labor protection and is aimed at increasing the efficiency of labor protection work. An employee who violates labor safety requirements actually violates the terms of the employment contract with the employer and must be fired, i.e. suffer the most terrible punishment in a market economy and unemployment. “Why is it so strict?” – a Russian worker may ask, still living in an atmosphere of almost complete irresponsibility. And for the fact that an employee who risks his health and life in the process of work risks someone else’s (!) private property (the employee is in it for the period of work under a contract with the employer) - the employer’s money, and this is the most terrible crime in bourgeois society. You can only risk your property!

That is why the employer, unless he himself pushes the employee to violate safety rules, strives as quickly as possible to get rid of the employee who violates the labor safety instructions, which can cause significant losses. Why does the employer need it when it is much easier to find another, more disciplined and less unprofitable employee.

The responsibility of the performer is simple - he is responsible only for himself.

Depending on the nature and extent of violations, employees may be subject to disciplinary, material, civil, administrative, and criminal liability, and public sanctions may also be applied to them.

Article 419 « Types of liability for violation of labor legislation and other acts containing norms of labor law” of Chapter 62 “LIABILITY FOR VIOLATION OF LABOR LEGISLATION AND OTHER ACTS CONTAINING NORMS OF LABOR LAW” of the Labor Code states that persons guilty of violating labor legislation and other acts containing norms labor law, are subject to disciplinary and financial liability in the manner established by the Labor Code and other federal laws, and are also subject to civil, administrative and criminal liability in the manner established by federal laws.

The responsibility of persons guilty of violating labor protection requirements is provided not only by Article 419 of the Labor Code, the Code of the Russian Federation on Administrative Offenses (Article 41), the Criminal Code of the Russian Federation (Articles 143, 145, 216, 217, 219, 236, 237) .

The main thing for the vast majority of workers, especially executive workers, is disciplinary liability. For committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions: 1) reprimand; 2) reprimand; 3) dismissal for appropriate reasons.

Employees - executors (workers) for violation of rules and regulations on labor protection, instructions on labor protection, on the safe conduct of work are subject to disciplinary liability as for a violation of labor discipline. Refusal or evasion without good reason from a medical examination, as well as an employee’s refusal to undergo special training or pass labor safety exams during working hours is considered a violation of labor discipline if this is a mandatory condition for admission to work.

Criminal liability of employees arises if his act negligently entailed the infliction of grave and moderate harm to human health, as well as the death of a person or other serious consequences in accidents, fires, etc. Financial liability of employees occurs when damage is caused to the employer.

The employee must know why and on what basis he is punished. Punishment must be: objective, adequate to the offense; if possible, promptly (after 45 days after the offense, the effectiveness of the punishment becomes practically zero).

The development of “Provisions on personal liability for violation of labor protection requirements” has become widespread at Russian enterprises. A well-developed document with clear criteria, as well as mechanisms for bringing it to the attention of all employees and constant monitoring of the state of labor protection, make it possible to increase the level of labor protection.

It should be noted that the criteria for different categories of workers (performers, specialists, managers) are different.

Current practice shows that if an employee violates labor safety requirements and is subsequently punished, sanctions are often (almost always) applied to his manager.

3. Duties and responsibilities of officials to comply with the requirements of labor and labor protection legislation

3.1. Officials and their responsibilities

Let us recall that official refers to a person performing the functions of a representative of management (authority), holding positions temporarily or permanently in state, public institutions, organizations and enterprises related to the performance of organizational, administrative or administrative functions, or a person performing these functions under special authority.

Although formally, according to the current procedure, all employees occupy one position or another, we will only be interested in responsible officials. This concept (similar to the similar concept “ responsible worker") is not a legal concept, but is widely used in practice to name persons holding important responsible positions that characterize and represent certain functions of the organization where he works.

The responsibilities of officials can be divided into standard job responsibilities (compliance with labor discipline, labor protection requirements, etc.) and job responsibilities for performing the functions of the organization.

Job responsibilities determine the scope and limits of the practical performance of the functions assigned to the employee according to the position held and the tasks assigned to him.

In practice, it is sometimes difficult to understand whether there is or not " non-performance"(or even " criminal default) of his official duties by the responsible official.

Let us recall that “failure to perform” is not the commission of certain actions that the employee must take to complete the task assigned to him, i.e., in fact, “failure to perform” is inaction. But “non-fulfillment” can also be an active action, the commission of which is prohibited. In any case, “failure to comply” may result in an offense.

Offense is an action that is contrary to the law, violating the rules of law. Offenses are divided into administrative, disciplinary and civil crimes.

For committing an offense, the law provides for legal liability, which is divided into disciplinary, material, civil, administrative and criminal. Is the official guilty of “failure to perform” or an offense? The answer to this question can be found by comparing the actual activities of an official with his job description. To do this, when drawing up a job description, it is necessary to establish the differences between “failure to perform” job duties and improper performance of them, and also indicate possible offenses.

The criterion for improper performance, as a general rule, is the performance of duties not in full, in violation of the deadlines allotted for this, as a result of which the result does not correspond to the original purpose of performance. However, failure to perform official duties on time does not always imply tardiness or delay. Improper performance of official duties may also include exceeding the allotted deadlines, for example, sending documents before agreeing on actions, etc.

For failure to fulfill official duties, officials bear personal responsibility within the framework of their official duties in the manner prescribed by law.

3.2. Responsibility of officials

The liability of persons guilty of violating labor protection requirements is provided for by the Labor Code of the Russian Federation (Article 419), the Code of Administrative Offenses of the Russian Federation (Article 41), and the Criminal Code of the Russian Federation (Articles 143, 145, 216, 217, 219, 236, 237 ).

Article 419 of the Labor Code of the Russian Federation establishes that persons guilty of violating labor legislation and other acts containing labor law norms are brought to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation, other federal laws, and are also brought to civil, administrative and criminal liability in the manner established by federal laws.

Trade union bodies may make proposals to bring officials to disciplinary liability for violating labor protection legislation, rules and safety standards.

Employees of state supervisory authorities have the right to make submissions on bringing to disciplinary liability officials who systematically violate labor protection legislation, rules and safety standards.

Disciplinary liability arises for officials, since they are employees, as a result of their commission of disciplinary offenses. The specificity of the illegality of these offenses lies in the violation of the correct performance of labor duties provided for in the employee’s employment contract with the employer.

Any official of the employer who exercises administrative and disciplinary power over a specific employee can bring an employee to disciplinary liability.

Financial liability arises for officials, since they are employees, for damage caused by them to the employer as a result of culpable unlawful behavior (actions or inactions).

According to the Labor Code of the Russian Federation, the employer is obliged to prove the amount of damage caused to her, and the employee is obliged to compensate the employer for direct actual damage caused to him. Lost income (lost profits) cannot be recovered from the employee.

The employer has the right, taking into account the specific circumstances in which the damage was caused, to fully or partially refuse to recover it from the guilty employee.

For damage caused, the employee bears financial liability within the limits of his average monthly earnings, unless otherwise provided by the Labor Code of the Russian Federation.

Civil liability arises for officials as a result of offenses committed by them in the performance (failure to perform) their functions, causing harm or violating the rights of certain subjects of civil law. Restoration of these illegally violated rights, compensation for property damage, forced execution of an unfulfilled obligation constitutes the essence of civil liability, which consists in applying to the offender the measures established by law or contract, entailing economically unprofitable consequences of a property nature for him.

Full compensation for harm is the basic principle of civil liability (Article 1064 of the Civil Code of the Russian Federation). Compensation for damages in some cases is supplemented by penalties, such as the payment of a penalty.

Protection of violated rights is carried out by courts of general jurisdiction, arbitration and arbitration courts in a special procedural manner using the norms of the Civil Code of the Russian Federation.

Administrative liability arises for officials for committing administrative offenses provided for by the Code of the Russian Federation on Administrative Offenses. In addition, this responsibility may be determined by decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation and regulations of the constituent entities of the Federation.

Cases of administrative offenses are considered by courts and competent government bodies.

Administrative penalties in the form of a warning or a fine may be imposed by a judge, body or official authorized to resolve a case of an administrative offense. Other penalties are assigned by the judge.

Article 5.27 of the Code of the Russian Federation on Administrative Offenses stipulates that violation of labor and labor protection legislation entails the imposition of an administrative fine:

¨ for officials in the amount of 500 to 5000 rubles;

¨ for persons carrying out entrepreneurial activities without forming a legal entity - from 5 to 50 times the minimum wage or administrative suspension of activities for up to ninety days;

¨ for legal entities – from 30,000 to 50,000 rubles or administrative suspension of activities for up to ninety days.

Violation of labor and labor protection legislation by an official who was previously subjected to administrative punishment for a similar administrative offense entails disqualification for a period of one to three years.

The Code of Administrative Offenses also contains other articles that provide for punishment: for avoiding participation in negotiations on concluding a collective agreement, agreement, or violating the established deadline for their conclusion (Article 5.28); failure to provide information necessary for conducting collective negotiations and monitoring compliance with the collective agreement (Article 5.29); unjustified refusal to conclude a collective agreement or agreement (Article 5.30); violation or failure to fulfill obligations under a collective agreement or agreement (Article 5.31).

The imposition of an administrative penalty does not relieve a person from fulfilling the obligation for non-fulfillment of which the administrative penalty was imposed.

Criminal liability is the most severe type of liability. It occurs for the commission of crimes and, unlike other types of liability, is established only by law. No other normative acts can define socially dangerous acts as criminal and establish penalties for them. In the Russian Federation, an exhaustive list of crimes is recorded in the Criminal Code. The procedure for bringing to criminal liability is regulated by the Criminal Procedure Code.

In accordance with Art. 143 of the Criminal Code of the Russian Federation “Violation of labor protection rules”, violation of safety rules or other labor protection rules, committed by a person who is responsible for complying with these rules, if this has negligently caused serious harm to human health, is punishable in the amount of up to two hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to eighteen months, or by correctional labor for a term of up to two years, or by imprisonment for a term of up to one year.

The same act, which through negligence resulted in the death of a person, is punishable by imprisonment for a term of up to three years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

In addition to Article 143, the Criminal Code of the Russian Federation contains other articles that do not directly talk about labor protection, but are indirectly related to it.

3.3. Main responsibilities of the employer
in the field of labor protection

Responsibilities for ensuring safe conditions and labor protection for workers in the organization are assigned to the employer (Article 212 of the Labor Code of the Russian Federation)

In accordance with legal requirements, the employer is obliged to ensure:

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

¨ use of certified personal and collective protective equipment for workers;

¨ working conditions at each workplace that meet labor safety requirements;

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

¨ acquisition and issuance at our own expense of certified special clothing, special footwear and other personal protective equipment, flushing and neutralizing agents in accordance with established standards to workers engaged in work with harmful and (or) dangerous working conditions, as well as in 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 safety briefings, internships at workers’ workplaces and testing their knowledge of labor safety requirements;

¨ prohibition from work of persons who have not completed the specified training, instruction, internship and testing of knowledge of labor protection requirements in the established manner;

¨ organizing control over the state of working conditions in the workplace, as well as the correct use of personal and collective protective equipment by employees;

¨ carrying out certification of workplaces according to working conditions with subsequent certification of the organization of work on labor protection in the organization;

¨ in cases provided for by labor legislation and other regulatory legal acts containing labor law norms, organize, at our own expense, mandatory preliminary (upon entry to work) and periodic (during employment) medical examinations (examinations), mandatory psychiatric examinations of employees , extraordinary medical examinations (examinations) of employees at their requests in accordance with medical recommendations with retention of their place of work (position) and average earnings for the duration of the said medical examinations (examinations), mandatory psychiatric examinations;

¨ preventing employees from performing their job duties without undergoing mandatory medical examinations (examinations), mandatory psychiatric examinations, as well as in the case of medical contraindications;

¨ informing workers about labor conditions and safety in the workplace, about the risk of damage to health and the compensation they are entitled to and personal protective equipment;

¨ provision to federal executive bodies exercising the functions of developing state policy and legal regulation in the field of labor, federal executive bodies authorized to carry out state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, others federal executive authorities exercising control and supervision functions 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 over compliance with labor legislation and other acts containing labor law standards, information and documents necessary for their implementation their powers;

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

¨ investigation and recording, in accordance with the procedure established by the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation, of industrial accidents and cases of occupational diseases;

¨ sanitary, medical and preventive services for workers in accordance with labor protection requirements, as well as delivery of workers who fall ill at the workplace to a medical organization in the event of the need to provide them with emergency medical care;

¨ unimpeded access to officials of federal executive bodies authorized to carry out state supervision and control, 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 labor conditions and labor protection and investigating industrial accidents and occupational diseases;

¨ fulfillment of instructions of officials of federal executive bodies authorized to conduct state supervision and control and consideration of submissions from public control bodies within the time limits established by the Labor Code and other federal laws;

¨ compulsory social insurance of workers against accidents at work and occupational diseases;

¨ familiarization of workers with labor protection requirements;

¨ 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 by Art. 372 of the Labor Code of the Russian Federation 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.

When organizing the provision of safe conditions and labor protection by one or another employer (or, as they say, at the corporate management level), it is important to take into account that the employer has the right: (Article 22 of the Labor Code of the Russian Federation):

1) adopt local regulations (with the exception of employers - individuals who are not individual entrepreneurs);

2) conclude, amend and terminate employment contracts with employees in the manner and on the terms established by the Labor Code and other federal laws;

3) require employees to perform their job duties and take care of the employer’s property (including the property of third parties owned by the employer, if the employer is responsible for the safety of this property) and other employees, and to comply with internal labor regulations;

4) encourage employees for conscientious, effective work;

5) bring employees to disciplinary and financial liability in the manner established by the Labor Code and other federal laws;

6) conduct collective negotiations and conclude collective agreements;

7) create associations of employers for the purpose of representing and protecting their interests and join them.

When building a system of corporate occupational safety management, it is important to take into account that the employer is obliged to create “normal” working conditions, which legally include: the good condition of premises, structures, machines, technological equipment and equipment; timely provision of technical and other documentation necessary for work; proper quality of materials, tools, other means and items necessary to perform the work, their timely provision to the employee; working conditions that meet labor protection and production safety requirements.

That's why the employer is obliged: (Article 22 of the Labor Code of the Russian Federation)

1) comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement, agreements and employment contracts;

2) conduct collective negotiations, as well as conclude a collective agreement in the manner established by the Labor Code;

3) provide employees with work stipulated by the employment contract;

4) ensure safety and working conditions that comply with state regulatory requirements for labor protection;

5) provide employees with equipment, tools, technical documentation, and other means necessary for the performance of their labor duties;

6) provide for the everyday needs of employees related to the performance of their labor duties;

7) timely carry out the instructions of the federal executive body authorized to carry out state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising control and supervision functions in the established field of activity, pay fines imposed for violations of labor legislation and other regulatory legal acts containing labor standards;

8) consider submissions from the relevant trade union bodies and other representatives elected by employees about identified violations of labor legislation and other acts containing labor law standards, including labor protection requirements, take measures to eliminate the identified violations and report on the measures taken to the specified bodies and representatives;

9) create conditions that ensure the participation of employees in the management of the organization in the forms provided for by the Labor Code, other federal laws and the collective agreement;

10) carry out compulsory social insurance of employees in the manner established by federal laws;

11) compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral damage in the manner and on the terms established by the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation; ;

12) provide employee representatives with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation;

13) familiarize employees, upon signature, with the adopted local regulations directly related to their work activities.

Particularly important for ensuring labor and production safety, in our opinion, is the right and obligation of the employer to remove an employee from work.

The employer is obliged to remove from work (not allow to work) the employee: (Article 76 of the Labor Code of the Russian Federation)

1) appeared at work in a state of alcohol, drug or toxic intoxication;

2) who has not undergone training and testing of knowledge and skills in the field of labor protection in accordance with the established procedure;

3) who has not undergone a mandatory examination (examination) in accordance with the established procedure, as well as a mandatory psychiatric examination in cases provided for by federal laws and other regulatory legal acts of the Russian Federation;

4) when, in accordance with a medical report, contraindications are identified for the employee to perform work stipulated by the employment contract;

5) at the request of bodies or officials authorized by federal laws and other regulatory legal acts, and in other cases provided for by law.

The employer suspends the employee from work (does not allow him to work) for the entire period of time until the circumstances that served as the basis for the suspension from work or not being allowed to work are eliminated.

Moreover, an employer can terminate an employment contract with a “bad” employee in the following cases: (Article 81 of the Labor Code of the Russian Federation)

1) the employee’s inconsistency with the position held or the work performed due to health status in accordance with a medical report, provided that it is impossible to transfer the employee with his written consent to another job or insufficient qualifications confirmed by certification results;

2) repeated failure by an employee to fulfill work duties without good reason, if he has a disciplinary sanction;

3) a single gross violation by an employee of labor duties in the form of: a) appearing at work in a state of alcohol, narcotic or other toxic intoxication; b) a violation of labor safety requirements by an employee established by the labor safety commission or the labor safety commissioner, if this violation entailed serious consequences (work accident, breakdown, catastrophe) or knowingly created a real threat of such consequences.

It is also important that the employer is obliged, in accordance with current legislation, collective agreements, agreements, local regulations and the employment contract, to create the conditions necessary for the employee to comply with labor discipline.

These are the BASIC responsibilities of the employer, for failure to fulfill which he must be held accountable in accordance with current legislation.

Let us remind you:

¨ federal legislation

All responsibility for organizing work to ensure the required level of labor protection rests with the employer;

All responsibility for organizing work to ensure the required level of industrial safety rests with the organization operating hazardous production facilities;

All responsibility for organizing work to ensure the required level of safety for the insured lies with the policyholder;

¨ liability for an employer - a legal entity is reduced to the threat of material losses, suspension of production or closure of the organization. For an employer who is an individual, the field of liability expands due to the possibility of criminal prosecution. The field of responsibility expands even further for the first manager, whose personality and activities personify the employing organization.

Occupational safety is the most important area of ​​activity for the management of all organizations and companies. The employer must take the necessary measures to ensure the safety of work processes and familiarize staff with the rules of conduct at the enterprise (including drawing up and signing an agreement on labor protection).

Accordingly, organizational measures are taken by the employer. This includes personnel training, equipping workers with protective elements and much more. Meanwhile, employees also have a duty of care. This need is expressed in the precise and uniform implementation of all rules established by laws and local documents.

Basic responsibilities for worker safety

The responsibilities of workers to comply with labor protection requirements are enshrined in the target legislative act - the law on the fundamentals of labor protection. Its provisions directly indicate the need for personnel to comply with safety requirements.

That is, the employer must create conditions for safe activities, and employees must use them and follow all established rules.

Among the requirements listed in the law, several key provisions should be highlighted:

• Personnel are required to comply with the provisions of all departmental acts. These are instructions, rules, and so on. In this case, the key to execution is the familiarization of personnel with existing or newly adopted acts. Otherwise, it is impossible to demand their execution;
• They must know the specifics of using elements of personal and collective protection. Again, the employer must take steps to train employees in the use of such elements and record the results of the training;
• If an employee discovers that there are threats to production safety, there is a possibility of injury to personnel, he is obliged to immediately inform his immediate management about this.

Thus, employees are full subjects of work safety activities. All standards developed by the organization must be brought to the attention of personnel against signature. Then, if violations are detected, the employee may be subject to disciplinary action.

Job responsibilities for worker safety

Taking measures to protect the labor protection of personnel is the responsibility of the employer. This is a key provision of the law and the Labor Code. In turn, the employer develops a set of safety measures, creates personnel protection systems and appoints responsible officials.

The structure of responsible persons is not limited to the head of the organization. In addition to him, it includes a safety engineer, direct supervisors of work and lower-level managers - shop foremen, foremen and other persons.

Their immediate tasks are reflected in job descriptions. Each instruction of such an employee contains standards for ensuring work safety and eliminating accidents.

These are the direct job responsibilities of department heads and other responsible persons. They are obliged to take measures to train personnel, check compliance with safety standards at the beginning and completion of work, and monitor the condition of equipment and technical means.

Assigning the responsibilities of a labor protection specialist to an employee

Who in the organization should distribute responsibilities and powers for labor protection among employees?

This largely depends on the structure of the organization. The employer may reserve the right to comply with the requirements of the instructions and incur liability. However, in any case, he entrusts the implementation of events to other employees. As a rule, these are a special engineer and heads of individual sections of the enterprise or heads of structural divisions of the organization.

But in any case, the decision to assign responsibilities for monitoring compliance with the requirements of the instructions is made only by the employer. The transfer of functions for ensuring safety and compliance with instructions occurs on the basis of an order.

What documents define the employee’s labor protection responsibilities?

The list of these documents depends on the specific employer and the specifics of the organization’s activities.

The law provides for the following types of documents related to the fulfillment of the requirements of the instructions and the assignment of responsibility for safety:

• Orders. These are governing documents that assign such functions and determine responsible employees;
• Agreement. Such agreements may include the assignment of security responsibilities.

In addition to these documents, instructions are developed, journals are created, and the persons appointed responsible for fulfilling the requirements carry out ongoing monitoring.

Sample order on assigning labor protection responsibilities to an employee

Such an order is issued by the manager in relation to a specific employee. They assign responsibilities for compliance. Accordingly, responsibility is assigned for the execution of the instructions.