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In any organization that employs more than 10 people, the formation of such a committee (commission) is mandatory. Article 218 of the Labor Code of the Russian Federation contains a provision on the labor protection commission.
What is a labor safety committee
One of the forms of workers’ activity in managing an organization in the field of labor protection is the work of the labor protection committee (commission). A committee (commission) is a working body for managing labor protection, the purpose of which is to ensure coordinated actions of the administration and employees of an enterprise or organization that are aimed at ensuring safe working conditions.
The work of the commission (committee) is based on the principle of social partnership. In any organization that employs more than 10 people, the formation of such a committee (commission) is mandatory.
Article 218 of the Labor Code of the Russian Federation contains a provision on the labor protection commission. Its formation requires the initiative of either the employees themselves or the administration. The creation of such a structure occurs on the initiative of a representative body (trade union committee) of workers. The technical labor inspection, state supervisory and control bodies, and labor protection management bodies are in constant interaction with the enterprise’s labor protection committee.
Another comment on Art. 218 Labor Code of the Russian Federation
1. Recommendations for the formation and organization of activities of joint committees (commissions) on labor protection in organizations with more than 10 employees were approved by Resolution of the Ministry of Labor of Russia of October 12, 1994 No. 64 (BMT of the Russian Federation. 1994. No. 11). When developing local regulations on the committee (commission) on labor protection, it should be borne in mind that this body is created on a parity basis from representatives of employers, trade unions and other representatives of workers and carries out its activities for the purpose of cooperation and regulation of relations between employers and workers in the field of labor protection labor.
The committee may elect a chairman, deputies from each party and a secretary from among its members. It is not recommended to elect an employee who, due to his official duties, is responsible for the state of labor protection in the organization or is directly subordinate to the employer, as the chairman of the committee.
Committee members perform their duties on a voluntary basis, as a rule, without release from their main work, unless otherwise provided in the collective agreement.
2. Resolution of the Ministry of Labor of Russia dated January 17, 2001 N 7 approved the Recommendations for the organization of the labor office and the labor protection corner (BMT RF. 2001. N 2). The office and labor protection corner are created in order to ensure labor protection requirements, disseminate legal knowledge, and carry out preventive work to prevent industrial injuries and occupational diseases. It is recommended to allocate a special room for the office, which is equipped with technical means, teaching aids and samples, illustrated and information materials on labor protection.
The process of creating a labor safety committee
The Labor Safety Committee is created by decision of the trade union body and monitors the working conditions of trade union members, checks safety precautions and industrial sanitation at work sites, the organization and quality of safety briefings and training in safe ways and methods of work.
The Committee is formed on the basis of equality of parties in a variety of institutions, organizations and enterprises, regardless of the areas of their economic activity, subordination and type of ownership.
Employers and employees of the committee (commission), as part of joint activities, develop measures aimed at ensuring labor safety, check the safety conditions at work sites, and collect proposals for inclusion in the collective agreement.
The legal aspect of creating a committee on the principles of parity between representatives of employers and the trade union body is regulated by Art. 218 of the Labor Code, as well as a standard provision on the commission (committee) for labor protection, approved by the government body performing the functions of legal regulation in the field of labor.
Legislative regulation
Until 2006, the organization of labor protection committees was regulated by the Federal Law of July 17, 1999 “On the Fundamentals of Labor Safety in the Russian Federation.” In 2006, legislative changes occurred. Currently, the work of the committee is determined by:
- Labor Code of the Russian Federation (Article 218);
- Resolution of the Ministry of Labor of the Russian Federation No. 64 (dated October 12, 1994);
- Order of the Ministry of Health and Social Development No. 413 (dated May 29, 2006).
The listed documents precisely describe the procedure for the creation and all aspects of the functioning of labor protection committees.
Tasks of the labor protection commission
The Occupational Safety and Health Commission is entrusted with diverse tasks. In the process of work, it develops a plan of joint measures based on the activities recommended by the parties, focused on:
- improving working conditions and safety;
- injury prevention;
- prevention of occupational diseases.
The commission’s tasks include discussing projects for organizing sanitary and technical measures aimed at preparing a collective agreement. The commission for testing knowledge of labor protection requirements analyzes the existing conditions in the organization, and it is also needed in order to assess the knowledge of team members in labor safety issues.
Based on the work performed, the committee at its meeting approves and approves a plan for further improvement of the work of committee members.
Any conclusions and provisions are recorded in the protocol. The commission informs the personnel of the administration, trade union body and other employees of the enterprise about the state of labor protection in the workplace, and also provides a report on the work performed. In addition, the committee carries out the task of clarifying the right of team members to receive protective equipment, as well as the required benefits and compensation.
Electrical Safety Commission (knowledge test)
For those enterprises that employ electrical and electrical engineering personnel, it is necessary to appoint a commission to test their knowledge.
What composition of the commission is required?
The commission is appointed with at least five people. The chairman of the commission is usually the person responsible for the electrical facilities of the organization.
What are the requirements for commission members?
The chairman of the commission must have an electrical safety group V in organizations with electrical installations with voltages up to and above 1000 V.
If the Consumers have electrical installations with voltage only up to 1000 V, then only group IV.
All members of the commission must have an electrical safety group of at least III and pass a knowledge test by the commission of the state energy supervision body4.
Tasks of the commission
consist of testing workers’ knowledge of electrical safety rules.
Committee functions
The work of the committee is possible when it carries out a number of functions. In accordance with its purpose, the committee at its meeting analyzes the advice and initiatives of employers, as well as trade union bodies authorized by employees to develop programs that improve the labor protection conditions of people in the organization.
The committee assists the administration in implementing employee training programs and informs members of the organization about the results of workplace certification assessments.
Another function is the development and presentation to the administration of plans about how many people and within what time frame have the right to be released from work in connection with medical examinations in the organization.
Committee members discuss plans for adopting local acts and preparing decisions on issues that should be transferred to the administration, trade union body or representative body authorized by employees.
Composition of the labor protection committee
It consists of delegated people of the employer and authorized persons of the trade union body on an equal basis. The composition of the committee (commission) and its number are established depending on how many people work in the enterprise, its structure, specifics and other features.
The inclusion of worker representatives authorized by trade union bodies into the committee (commission) is carried out in accordance with the decision of the general meeting of the staff, with the decision being recorded in the minutes. Representatives of the administration are determined by order of the organization.
The commission selects a chairman and a couple of deputies. Thus, the commission must consist of at least 3 people. The chairman of the committee should not be a person who is under the direct supervision of the employer or who, by virtue of his position, is directly responsible for the situation in the workplace in the organization. After coordinating all issues, the employer issues an order to create a labor safety commission . The committee's work is based on an appropriate plan.
Author of the article
In this article we will talk about the commission for testing knowledge of labor protection requirements
.
You will find out what is the minimum number of people
required to
approve a qualification (certification) commission for testing knowledge of labor protection requirements, who is on the committee and what are the responsibilities and powers of the commission members.
The current legislation of the Russian Federation, namely Art. 225 of the Labor Code of the Russian Federation establishes that all employees of organizations, as well as employers - individual entrepreneurs, are required to undergo training in labor protection and subsequent testing of knowledge of labor protection requirements in the prescribed manner. This is now the Procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations, approved by Resolution of the Ministry of Labor of Russia, Ministry of Education of Russia dated January 13, 2003 No. 1/29 (hereinafter referred to as the Procedure).
If you carefully analyze this Procedure, it becomes clear that testing knowledge of labor protection requirements
employees is carried out only
by a commission
, which must first be formed in
the number of
at least three people based on the order of the employer.
Moreover, it must be borne in mind that members of such a commission must undergo training in labor protection and testing of knowledge of labor protection requirements in the prescribed manner (clause 3.4 of the Procedure). It is necessary to pay special attention to the fact that the minimum number of commission members
may be more than or equal to three, but it cannot be less than this number!
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Details here
Moreover, if the employer for some reason does not want or does not have the opportunity to create such a commission, the Procedure establishes that employees have the right to undergo testing of knowledge of labor protection requirements in any training organization that has passed the accreditation procedure in accordance with Order of the Ministry of Health and Social Development of Russia No. 205n dated 04/01/2010 “On approval of the list of services in the field of labor protection, the provision of which requires accreditation, and the Rules for the accreditation of organizations providing services in the field of labor protection.”
Now it is necessary to figure out what should be the composition of the commission for testing knowledge of labor protection requirements
so that it meets all the criteria of the current legislation of the Russian Federation in this area. To do this, let us again turn to the Procedure, namely to clause 3.4, which establishes that the commission should consist of:
- chairman,
- deputy (deputies) chairman,
- secretary,
- members of the commission.
It should be especially noted here that the requirements of the Procedure regarding who can be part of the commission of an employer and training organizations are somewhat different, namely:
1. The commission of employers (organizations/individual entrepreneurs) may include:
- heads of organizations and their structural divisions,
- occupational safety specialists,
- chief specialists (technologists, power engineers, etc.).
Also, representatives of the elected trade union body, including authorized persons for labor protection of trade unions, may participate in such a commission.
2. The commission of training organizations includes:
- managers and staff teachers,
- heads and specialists of federal executive authorities, executive authorities of constituent entities of the Russian Federation in the field of labor protection, state supervision and control bodies for compliance with labor legislation, local government bodies, trade union bodies or other representative bodies authorized by employees (as agreed).
The issue of mandatory participation of the last category of persons in the commission is quite debatable. Here it is necessary to pay special attention to the fact that the participation of representatives of federal executive authorities, executive authorities of constituent entities of the Russian Federation in the field of labor protection, state supervision and control bodies for compliance with labor legislation, local government bodies, trade union bodies or other representative bodies authorized by employees is NOT mandatory and in the absence of such members of the commission, this is not a violation of the Procedure. The Russian Ministry of Labor has repeatedly given detailed explanations on this issue. Here is an example of one of these letters:
Testing knowledge of workers' labor protection requirements
, including heads of organizations, in accordance with clause 3.5. The procedure is carried out in accordance with regulatory legal acts on labor protection, taking into account job responsibilities, as well as the nature of production activities.
However, an interesting and debatable question is whether a member of a commission can also be the secretary of such a commission, or should these be different persons? But upon careful reading, the Order gives us the answer to this question, namely:
- neither the Procedure nor other legal acts establish the rules for the appointment, as well as the powers of the secretary of the commission, and there are no restrictions on his appointment from among the members of the commission,
- The form of the protocol approved in Appendix No. 1 to the Procedure does not provide for a separate indication of the secretary, as well as the presence of his signature.
Thus, due to the fact that clause 3.4. The presence of a secretary in the commission is provided for, then information about the secretary of the commission, as well as his signature as a member of the commission, is possible in the protocol.
Author:
Training
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