Order on the implementation of job descriptions


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Development of instructions and rules on labor protection in accordance with Art. 212 of the Labor Code of the Russian Federation is the responsibility of the employer, but since these documents contain many nuances that the head of the organization himself, as the main employer, may simply not understand, he has the right to involve other officials of the organization in the development of these instructions and rules.

Features of document preparation

  1. Completed sample order
  2. Development and approval of instructions
  3. Early revision of instructions
  4. Ensuring safe working conditions

Development and approval of instructions

The development of instructions on labor protection and the procedure for its approval is carried out on the basis of Chapter 5 of the Resolution of the Ministry of Labor and Social Development of the Russian Federation No. 80 of December 17, 2002 “On approval of methodological recommendations for the development of state regulatory requirements for labor protection.” According to this legal regulation:

  • The instructions are developed taking into account the position and profession of the employee for whom it is being drawn up, as well as the type of work performed by him - clause 5.1 of the Methodological Recommendations.
  • The instructions are being developed taking into account the requirements of Art. 212 of the Labor Code of the Russian Federation - clause 5.2 of the Methodological Recommendations.
  • The basis for the instructions being developed is the standard industry or inter-industry instructions on labor protection. If there is no such instruction, then it is drawn up on the basis of the safety requirements specified in the documentation of the equipment manufacturer. In addition, the instructions take into account the production conditions of the organization itself. All these requirements are developed taking into account the profession and position of the employee for whom they are developed, as well as the type of work performed by him - clause 5.3 of the Methodological Recommendations.
  • When developing instructions, the employer is obliged to take into account the opinion of the trade union body, but these opinions must be expressed in writing - clause 5.4 of the Methodological Recommendations.
  • For reconstructed and new production, it is possible to develop temporary instructions - clause 5.5 of the Methodological Recommendations.

Important! Revision and verification of instructions is carried out by the employer at least once every 5 years - clause 5.6 of the Methodological Recommendations.

Early revision of instructions

Clause 5.7 of the Methodological Recommendations provides for the need for early revision of the labor protection instructions:

  • If working conditions change.
  • If industry and inter-industry standard instructions are revised, on the basis of which the enterprise’s instructions were developed.
  • If new technologies and equipment are introduced into the organization.
  • In case of accidents, occupational diseases and industrial accidents based on the results of investigation materials and their analysis.
  • At the request of labor protection authorities.

Important! The instruction can be extended for the next period only if the working conditions of the employee for whom it was developed have not changed - clause 5.8. Methodological recommendations.

Approved instructions must be stored in such a way that they are accessible and convenient for review. They can be posted in a place accessible to employees, or issued for review, or stored in any other accessible place - clause 5.10 of the Methodological Recommendations.

Ensuring safe working conditions

According to Art. 212 of the Labor Code of the Russian Federation, the head of the organization, in addition to developing instructions on labor protection and familiarizing employees with them, is obliged to:

  • Ensure worker safety during the operation of buildings, structures, as well as the use of tools, raw materials and materials.
  • The labor protection system is to ensure its creation and operation.
  • Use personal and collective protective equipment for employees in production, check them for compliance and certification.
  • Create working conditions that comply with labor protection requirements.
  • Observe the work and rest schedule of employees.
  • Conduct training in safe techniques and methods of performing work, and provide instructions.
  • Do not allow persons who have not been trained to work.
  • Conduct mandatory medical examinations if required by current legislation.
  • Do not allow persons who have not passed a mandatory medical examination to work.
  • Inform employees about the risks associated with working in the organization and inform them about the compensation they are entitled to.
  • Take the necessary measures to protect the life and health of employees, as well as prevent possible emergency situations.

Responsibility for violation of state regulatory requirements for labor protection is provided for in Art. 5.27.1 Code of Administrative Offenses of the Russian Federation. In addition to administrative liability, a person who violates labor legislation may be subject to disciplinary, civil and criminal liability - Art. 419 Labor Code of the Russian Federation.

Are masks required for employees?

Regulatory legal acts issued by the highest official of a constituent entity of the Russian Federation must be observed in the territory of the corresponding region by all individuals and legal entities without exception.

The wearing of masks by citizens is mandatory if such a measure is established by decree or order of the head of the subject.

For example, Decree of the Mayor of Moscow dated 03/05/2020 No. 12-UM (as amended by Decree No. 55-UM dated 05/07/2020) prescribes:

  • workers use personal protective equipment (PPE), including masks;
  • enterprise managers monitor the use of PPE by employees.

At the same time, in the Ryazan region, the Governor’s Order No. 70-rg dated March 17, 2020 (as amended by Order No. 154-rg dated May 13, 2020) is in force, introducing a mask regime only in crowded places: in shops, on public transport and at bus stops , at train stations, etc.

It turns out that in Moscow workers are required to wear masks, but in Ryazan they are not. Therefore, all the nuances of using the mask regime must be clarified in regional regulations.

ORDER

_______________ №______
On approval of labor protection instructions

Based on clause 5.4. Methodological recommendations for the development of state regulatory requirements for labor protection, approved by Decree of the Ministry of Labor and Social Development of the Russian Federation dated December 17, 2002 No. 80

I ORDER:

  1. Approve the labor safety instructions previously agreed upon by the protocol of the trade union committee dated “__” _____ 20__ No. ____ according to the attached list.
  2. ________________________ (to whom) familiarize all employees with labor safety instructions before “___” __________ 20___.
  3. Control over the implementation of this order is entrusted to _______________.

Director

Appendix No. 1 to the order dated “__” _____ 20_g. No.__

List of labor safety instructions

Instruction no. Name of instructions

Appendix No. 2 to the order dated “__” _____ 20_g. No.__

EXTRACT from the minutes of the meeting of the trade union committee _____________________________________________

"__" _______ 20__ No.___

HEARD: About the coordination of labor protection instructions consisting of:

  1. Instructions for introductory training on labor protection.
  2. Instruction No. 2 on labor protection for workers engaged in loading and unloading operations.
  3. Instruction No. 3 on labor protection for cleaners.
  4. Fire safety instructions.
  5. …………………………………………….

DECIDED: Agree on the above listed instructions on labor protection and submit for approval to the director.

Chairman of the trade union committee ______________ _______________

Secretary ______________ _______________

The extract is correct ______________ _______________

How to draw up an order to introduce a mask regime

Management's order to wear masks must indicate:

  • on the reasons for introducing the mask regime with links to regulations;
  • on persons responsible for purchasing and issuing masks and other personal protective equipment;
  • on persons obliged to familiarize themselves with the order and monitor employees regarding its execution;
  • on specific actions of workers: how to put on a mask, after what time to change it for a new one (usually after a maximum of 2 hours);
  • the possibility of removal from work if the mask regime is not observed.

ORDER

_______________ ______

On approval of labor protection

In accordance with paragraphs 5.6., 5.8. Methodological recommendations for the development of state regulatory requirements for labor protection, approved by Decree of the Ministry of Labor and Social Development of the Russian Federation dated December 17, 2002 No. 80, due to the fact that the working conditions of workers have not changed,

I ORDER:

  1. Extend the validity period of labor safety instructions No. No. __________ for the next 5 years until __________.
  2. Bring this order to all employees.
  3. Control over the implementation of this order is entrusted to _______________.

Director

Download the document “Order on approval of labor protection instructions”

What are job descriptions and why are they needed?

The term “job description” hides a list of job functions and rights, a description of responsibilities, working conditions and other parameters of the work of an employee in a particular position.

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Typically, job descriptions are developed by the management of the enterprise together with a lawyer and are put into use by a separate order of the director at the initial stage of the organization’s work. But in some cases, for example, after a company reorganization or some internal changes, a repeated procedure is carried out to put job descriptions into effect.

The role of job descriptions is quite clear: with their help, management regulates the activities of subordinates. Thus, they serve to achieve several goals at once: strengthening labor discipline, organizing and mobilizing workers, increasing productivity and, ultimately, expanding the prospects of the enterprise.

It should be noted that job descriptions are not always and not applied everywhere; they are mainly common in government agencies, as well as in large organizations in the commercial sector, where there is a large number of staff.

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Responsibility for non-compliance with the mask regime by employees

If the head of a constituent entity of the Russian Federation has ordered the mandatory wearing of masks by employees of enterprises, the company should prepare a corresponding order and familiarize employees with it. Moreover, if the organization has already issued an order on antiviral measures, it can simply be supplemented.

The absence of a document is not recognized as an excuse for evading compliance with decisions of regional authorities and the introduction of a mask regime. Sanctions are provided for in Art. 20.6.1 Code of Administrative Offenses of the Russian Federation:

ViolationGuilty personPunishment - warning or fineIf the violation is repeated or caused harm to human health or property - a fine
Failure to comply with the rules of conduct in high alert modeCitizen1 - 30 thousand rubles.15 - 50 thousand rubles.
Executive10 - 50 thousand rubles.300 - 500 thousand rubles. or disqualification for 1-3 years
IP30 - 50 thousand rubles.500 thousand rubles. — 1 million rubles. or suspension of activities for up to 90 days
Organization100 - 300 thousand rubles.

Additionally, violation of sanitary rules and hygienic standards is punishable under Art. 6.3 of the Code of Administrative Offenses of the Russian Federation with fines, suspension of activities and disqualification.

Therefore, it is very important for the employer to bring to the attention of every employee the need to wear masks.

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Comments on the document “Order on approval of labor protection instructions”

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5

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10/26/2017 at 07:28:31

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[email protected] 11/09/2017 at 09:22:49 reply to Marin

Now it seems that they are not agreed upon by the trade union, and are approved by order???

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[email protected] 11/09/2017 at 09:23:50

Now it seems that they are not agreed upon by the trade union, and are approved by order???

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Rakova Angela Sergeevna occupational safety specialist

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05/19/2020 at 12:08:57

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01/27/2021 at 13:38:02

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How to place an order

Even if the entire staff abandons the innovations, the employer will still have to prepare for the changes, since from 2021 all young specialists will begin their working career exclusively with electronic work books (ETK). And reports will have to be submitted to the Pension Fund no matter what. Therefore, in the order on the introduction of electronic work books, you can immediately determine those responsible for preparing the SZI-TD, SZV-TD forms and issuing information to employees from the ETC. If employees wish to digitize their work records, it is advisable to specify in the order the procedure for maintaining electronic books, as well as the timing of issuing paper books to employees.

The employer decides when the order will be issued. He also needs to decide on the full content of the document itself. We will give one of the options for how it might look.

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In what cases is an order needed?

Typically, the form of the order is approved at the very beginning of the activities of the organization or institution. But sometimes such an order has to be formed already in the process of carrying out the activity. This is necessary in case:

  • creation of new staff units in the structure of an institution or organization;
  • changes in legislative acts regulating the labor function of employees;
  • changes in technological approaches and requirements.

Also, an order to introduce new job duties or adjust old ones may come from higher organizations or ministries. Businesses may change the functions associated with a particular position at will at any time. The main thing is that appropriate changes are made to employees’ employment contracts.

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