Occupational safety from scratch or where to start as an occupational safety engineer

Does a company need a labor protection service?

If the enterprise has more than 50 employees, then it is necessary to create a labor protection service or introduce the position of a labor protection specialist in accordance with Article 217 of the Labor Code of the Russian Federation.

If the company has up to 50 employees, then such a service is not needed. In this case, the functions of a labor protection specialist can be performed by: - an individual entrepreneur (personally); - Head of the organization; - employee authorized by the employer; - organization - outsourcer.

These persons must be trained upon entering a job, and then once every 3 years in training organizations or in the organization itself, if there is a commission for testing OT knowledge consisting of at least 3 people.

Article 217. Labor protection service in an organization

services for which accreditation is required, accreditation, which includes accreditation requirements that must be met by organizations providing services in the field of labor protection, the procedure for monitoring the activities of accredited organizations, the procedure for suspending or revoking accreditation are established by the federal executive body exercising the functions of development of state policy and legal regulation in the field of labor. The structure of the labor protection service in the organization and the number of employees of the labor protection service are determined by the employer, taking into account the recommendations of the federal executive body that carries out the functions of legal regulation in the field of labor.

Labor Code of the Russian Federation dated December 30, 2001 N 197-FZ Art. 217 (ed.

accreditation rules, including accreditation requirements that must be met by organizations providing services in the field of labor protection, the procedure for monitoring the activities of accredited organizations, the procedure for suspending or revoking accreditation are established by the federal executive body exercising the functions of developing state policy and regulatory labor regulation.

Article 217 Labor Code of the Russian Federation N 197-FZ Art. 217 (current edition 2021)

217 Labor Code of the Russian Federation. Labor protection service in the organization

What types of training can be applied?

Read more about types of occupational safety training

All employees of the organization are required to undergo instructions and training on labor protection.

For blue-collar professions: First aid training - once a year. Training in safe work methods for workers with hazardous activities - those who have entered the profession or if there has been a break of 1 year. The frequency is established by regulations.

For managers and specialists, special training is provided for labor protection for managers and specialists once every 3 years

For occupational safety specialists, advanced training is provided once every 5 years.

We also draw your attention to the fact that labor protection specialists who do not have the appropriate education are required to undergo professional retraining in labor protection. (Order of the Ministry of Health of the Russian Federation dated May 17, 2012 No. 559n).

For advanced training programs, the period of completion cannot be less than 16 hours, and the period of completion of professional retraining programs cannot be less than 250 hours. (Order No. 499 of the Ministry of Education dated July 1, 2013 on training in additional professional programs).

Authorization

Violation by an employer of state regulatory labor protection requirements contained in federal laws and other regulatory legal acts of the Russian Federation threatens the organization with a fine of up to 80,000 rubles. Every institution must organize work on labor protection, that is, there must be responsible persons. In small institutions (up to 50 people), it is not necessary to allocate a separate employee for this. But how then to comply with the requirements of the Labor Code?

Specialist or service?

According to Art. 209 of the Labor Code of the Russian Federation, labor protection is a system for preserving the life and health of workers in the process of work, which includes legal, socio-economic, organizational and technical, sanitary and hygienic, treatment and preventive, rehabilitation and other measures. For the system to work, it is necessary to build a whole complex of interconnected and interacting elements that establish policies and goals in the field of labor protection for a particular employer and procedures for achieving these goals. Typically, an occupational safety and health management system is developed for this purpose. According to Art. 212 of the Labor Code of the Russian Federation, the responsibility for ensuring safe conditions and labor protection rests with the employer. Article 217 of the Labor Code of the Russian Federation says that in order to ensure compliance with labor protection requirements and control their implementation, each employer whose number of employees exceeds 50 people creates a labor protection service or introduces the position of a labor protection specialist with appropriate training or experience in this field . This is a general requirement; it also applies to those who produce intangible goods, for example, provide services. The Ministry of Labor in Letter dated June 10, 2016 N 15-2/ОOG-2136 drew attention to this. An employer whose number of employees does not exceed 50 people decides to create an occupational safety service or introduce the position of an occupational safety specialist, taking into account the specifics of its production activities. That is, the institution is not obliged to hire an employee for the position of occupational safety specialist for whom this work will be the main one.

For your information. If the employer does not have an occupational safety service or a full-time occupational safety specialist, their functions are performed by the employer (personally), the head of the organization, or another employee authorized by the employer. In addition, the employer has the right to conclude a civil contract with an organization or specialist providing services in the field of labor protection.

Even if it is necessary to introduce the position of an occupational safety specialist (the number of employees in an institution is more than 50), the Labor Code does not require the allocation of a separate employee - an occupational safety specialist will not necessarily be an employee for whom this work will become the main one. This means that the specialist’s responsibilities can be distributed among other employees of the institution or entrusted to one person if their qualifications meet the requirements of the law.

Who should entrust the duties of a labor protection specialist?

Let’s say right away: it doesn’t matter what position an employee holds according to the staffing table. If he has the appropriate training and experience, he can easily be entrusted with labor protection work in the organization. Order of the Ministry of Labor of the Russian Federation dated August 4, 2014 N 524n approved the Professional Standard of a Labor Safety Specialist. According to its requirements, an employee performing labor protection functions in an institution must have a higher education in the field of training “Technosphere Safety” or relevant areas of training (specialties) in ensuring the safety of production activities. If there is no specialized higher education, the employee must undergo professional retraining in this area. The functions of a labor protection specialist can also be performed by an employee with secondary vocational education if he has undergone retraining in the field of labor protection and has at least three years of work experience in this field.

Note. If the employer has hazardous production facilities, the employee must undergo appropriate training and certification in the field of industrial safety.

That is, a personnel officer or any other specialist can perform the functions of a labor protection specialist, subject to higher education or retraining in this area. If the candidate in question has a secondary vocational education and no experience in labor protection, then he cannot be entrusted with labor protection work.

Options for assigning the functions of a labor protection specialist

Let's look at two options depending on the size of the institution.

Number of employees more than 50 people

The employer's options vary depending on whether there is a position of occupational safety specialist in the staffing table or not. 1. Part-time work. If there is a position, you can conclude an employment contract for part-time work (Article 60.1 of the Labor Code of the Russian Federation). Let us recall that part-time work is the performance by an employee of another regular paid job under the terms of an employment contract in his free time from the main job with the same employer (internal part-time work) and (or) with another employer (external part-time work). The employment contract must indicate that the job is part-time. In this case, an internal part-time contract is drawn up. It must specify the labor protection responsibilities that the employee will perform, or contain a link to the job description. If desired, you can set the validity period of such an agreement or not limit it. But keep in mind: you cannot terminate a fixed-term contract under Art. 288 of the Labor Code of the Russian Federation, when you decide to hire a key employee for the position of occupational safety specialist. 2. Combination. According to the rules of Art. 60.2 of the Labor Code of the Russian Federation, with the written consent of the employee, he may be entrusted with performing, during the established duration of the working day (shift), along with the work specified in the employment contract, additional work in a different or the same profession (position) for an additional fee. The assigned additional work can be carried out by combining professions (positions).

Note. When combining professions (positions), an additional payment is made to the employee. Its size is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work (Article 151 of the Labor Code of the Russian Federation).

The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee by concluding an agreement. He has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule, warning the other party about this in writing no later than three working days. If you feel that one employee cannot cope, you can distribute the functions of an occupational safety specialist among several employees. In this case, you will have to enter into an agreement on assigning additional work with everyone. Below is an example of an agreement.

If there is no position of occupational safety specialist in the staffing table, you will have to introduce it, since Part 1 of Art. 217 of the Labor Code of the Russian Federation clearly states the introduction of such a position into the staffing table or the creation of an entire service.

Number of employees less than 50 people

In this case, you should also look at the staffing table. If the position of occupational safety specialist is present, it is possible to conclude with the company employee either an employment contract on part-time work, or an agreement on combining functions for this position. What if there is no position? This is where difficulties arise. Many experts believe that in this case it is possible to conclude a combination agreement. At the same time, they say: although combination implies the presence of a vacant position, the case with the functions of a labor protection specialist is an exception. On the one hand, indeed, according to Part 3 of Art. 217 of the Labor Code of the Russian Federation, if the employer does not have a full-time occupational safety specialist, their functions are performed by the employer - an individual entrepreneur (personally), the head of an organization, another employee authorized by the employer, or an organization or specialist providing services in the field of occupational safety and health, engaged by the employer under a civil contract. That is, the norm of the law does not contain an imperative requirement requiring a full-time position of an employee of the labor protection service; only the requirement to organize labor protection, which can be implemented in various ways, is imperative. The courts also come to this conclusion (see, for example, the Appeal Ruling of the Supreme Court of the Chuvash Republic dated October 26, 2015 in case No. 33-4656/2015). However, we believe that combining positions in this case is out of the question, since combining positions involves performing additional work in another profession or position. It is assumed that if a position is not included in the staffing table, then there is nothing to combine. This is confirmed by judicial practice. For example, by the appeal ruling of the Saratov Regional Court dated 03/03/2016 in case No. 33-1423/2016, the employee was denied the collection of payment for combined work, since the organization’s staffing table did not contain a position for which the employee required additional payment for combined work. And the Sverdlovsk Regional Court in the Appeal ruling dated September 2, 2016 in case No. 33-14461/2016 directly stated: combining positions (professions) implies performing, along with the work specified in the employment contract, additional work in the same profession (position) or in another profession (position) provided for by the organization’s staffing table. In addition, the issue of the possibility of registering a dual position for a company employee as a labor protection specialist if it is not included in the staffing table was considered by Rostrud specialists on the website onlineinspektsiya.rf. In particular, experts pointed out that concluding an additional agreement on combining with a position not provided for in the staffing table is impossible. However, they did not explain how to register additional work in this case in accordance with labor legislation. We believe that if there is no position of occupational safety specialist in the staffing table, it must be added to it and only after that the combination must be formalized. Another option is to conclude a civil contract for the provision of services in the field of labor protection.

Question: How to authorize an employee of an organization to perform labor safety functions if there is no position of labor protection specialist in the staffing table?

With the consent of the employee, he can be appointed responsible for labor protection in the organization by issuing an appropriate order. Then changes should be made to the employee’s job description, supplementing it with the job responsibilities of the person responsible for labor protection. Without the consent of the employee, additional work cannot be assigned to him. This is stated in Art. 60 of the Labor Code of the Russian Federation: it is prohibited to require an employee to perform work not stipulated by an employment contract, except for cases provided for by the Labor Code of the Russian Federation and other federal laws. As the employee’s functions increase, his salary should increase.

Specialist or service?

Who should entrust the duties of a labor protection specialist?

Note. If the employer has hazardous production facilities, the employee must undergo appropriate training and certification in the field of industrial safety.

Options for assigning the functions of a labor protection specialist

Let's look at two options depending on the size of the institution.

Number of employees more than 50 people

Number of employees less than 50 people

Question: How to authorize an employee of an organization to perform labor safety functions if there is no position of labor protection specialist in the staffing table?

How is labor protection organized at the enterprise by management?

Occupational safety management system in the organization:

The head of the organization determines the structure of the labor protection service and its number depending on the number of employees, the nature of working conditions, the degree of danger of production and other factors. At the same time, he is guided by recommendations for organizing the work of the occupational safety service at the enterprise, approved by Resolution of the Ministry of Labor of the Russian Federation No. 14 of 02/08/2000, as well as inter-industry standards approved by Resolution of the Ministry of Labor of the Russian Federation No. 10 of 01/22/2001 “On approval of Inter-industry standards of headcount workers of labor protection service in organizations"

” Who does the labor protection service report to?

The labor protection service reports directly to the head of the organization or his deputy.

When organizing labor protection at an enterprise, first of all, the manager should determine who will perform the function of a labor protection specialist: a separate structural unit, a labor protection specialist, the manager himself, a person authorized by him or a third-party organization.

In an organization with an average number of employees of up to 700 people (in the absence of workers employed in harmful and dangerous working conditions), it is enough to have a separate labor protection specialist. In organizations with larger numbers, a labor protection service is created, consisting of three or more employees. The number of people in the labor protection service is given in the standards.

Organization of labor protection from scratch step by step when creating an occupational safety service:

1. The manager signs an order to create a labor protection service.

2. It is necessary to determine to whom the labor protection service in the organization reports. (In almost all cases, the labor protection service reports to the head of the organization or his deputy).

3. It is imperative to make a change to the staffing table if the labor protection service or specialist position was not provided for by it.

4. Next, it is necessary to develop a regulation on the labor protection service, which should spell out the goals and objectives of the service, rights and responsibilities, the procedure for interaction with other departments, etc.

5. Also, a mandatory condition for organizing labor protection is the presence of job descriptions. They need to be developed. These instructions on the organization of labor must be developed in accordance with the Unified Qualification Directory of Positions of Managers, Specialists and Employees, section “Qualification Characteristics of Positions of Specialists Carrying Out Work in the Field of Labor Safety,” approved by Order of the Ministry of Health and Social Development of the Russian Federation No. 559n dated May 17, 2012 year, as well as the Professional Standard for Occupational Safety and Health Specialist 524n.

Order No. ... on the creation of a labor protection service In order to organize work on labor protection in accordance with Art. 217 Labor Code of the Russian Federation

I ORDER: 1. To create a structural unit in the organization - “Occupational Safety and Health Department” with 2 staff units: - head of the labor protection department - 1 staff unit; – occupational safety specialist – 1 staff unit. 2. Make appropriate changes to the staffing table. 3. To the head of the HR department Ivanova L.I.: 3.1. Prepare changes to the staffing table and send it for approval within… 3.2. Develop Regulations on the Occupational Safety and Health Service and job descriptions for employees of the Occupational Safety and Health Department within .... 3.3. Submit proposals for staffing the service with employees of the required qualifications within… 4. I reserve control over the execution of the order.

Director Kovalev A.A. The order has been reviewed by: Head of the HR Department Ivanova A.I.

The head of the organization may not create an entire department or hire a labor protection specialist, but by his order assign the duties of the specialist to another employee of the organization as a part-time worker. By law, he has the right to do this if his organization has fewer than 50 employees. In this case, the position of a labor protection specialist must be provided for in the staffing table.

Order No. ... on assigning the duties of a labor protection specialist in the order of combining positions

I ORDER: 1. Assign the duties of a labor protection specialist in accordance with the staffing table on the basis of combining positions in accordance with Part 2 of Art. 60.2 of the Labor Code of the Russian Federation for Deputy Director for Administrative and Economic Affairs Petrov I.V. 2. Chief accountant Matushkina E.I.: establish I.V. Petrov received a monthly additional payment for performing additional work in order to combine positions in the amount of 12,000 rubles. 3. Send I.V. Petrov to study at the Regional Educational and Methodological Center of BSTU named after. Shukhova. 4. Head of the HR Department Ivanova A.I.: prepare an agreement with the RUMC BSTU named after. Shukhov for training I.V. Petrova. 5. I.V. Petrov: begin performing duties as an occupational safety specialist the next day after completing the occupational safety training. Reason: additional agreement to the employment contract dated. N...

Director Kovalev A.A. The order has been reviewed by: Chief Accountant E.I. Matushkina Head of HR Department A.I. Ivanova Deputy Director for Administrative and Economic Affairs I.V. Petrov

When working part-time, an employment contract is concluded with the employee, and the work is performed in free time from the main job (Article 60.1 of the Labor Code of the Russian Federation). When working on a part-time basis, work is performed during the established duration of the working day (shift) along with the work specified in the employment contract, with the written consent of the employee (Article 60.2 of the Labor Code of the Russian Federation). When combining positions, an additional agreement to the employment contract is concluded with the employee. Before signing an employment contract or additional agreement with an employee, it is necessary to familiarize the occupational safety specialist with the job description and other local regulations in the field of occupational safety, against signature.

The occupational safety management system in an organization with less than 50 people is as follows. If the head of an enterprise (individual entrepreneur) with less than 50 employees assigns the responsibilities of a labor protection specialist to himself, no order needs to be issued, since he is already obliged to ensure safe conditions and labor protection in the organization (Article 212 of the Labor Code of the Russian Federation). In addition, managers, along with labor protection specialists, undergo special training on labor protection for managers and specialists within the scope of their job responsibilities upon entering work during the first month, then as necessary, but at least once every three years.

Newly appointed managers are allowed to work independently after they have been familiarized by the employer (or a person authorized by him) with job responsibilities, including labor protection, local regulations in force in the organization that regulate the procedure for organizing work on labor protection, and working conditions in the areas entrusted to them. objects (in structural divisions of the organization) (clause 2.3.1 of the Procedure).

Another comment on Art. 217 Labor Code of the Russian Federation

1. The Ministry of Labor of Russia, by Resolution No. 14 of February 8, 2000, approved the Recommendations for organizing the work of the labor protection service in an organization (BMT RF. 2000. No. 2).

The structure of the service and the number of its specialists are determined by the head of the organization depending on the number of employees, the nature of working conditions, the degree of danger of production and other factors, taking into account the Interindustry standards for the number of labor protection services in organizations approved by Resolution of the Ministry of Labor of Russia dated January 22, 2001 N 10 (BMT RF.

2002. N 5).

2. Changes to the Labor Code provided for by the Federal Law of June 30, 2006.

N 90-FZ, introduced new criteria in the ratio of the number of employees when creating the labor protection service: instead of the previous 100 employees, their number was set at 50 people. Thus, if the number of employees exceeds 50 people, then the employer is obliged to create a specialized unit - a labor protection service - or, in accordance with the staffing table, hire an appropriate labor protection specialist.

If the employer employs less than 50 people, then he (the employer) either performs the functions of this service (specialist) himself, or entrusts their performance to another employee, or invites a labor protection specialist, concluding with him a civil contract for the provision of paid services.

3. The labor protection service is an independent structural unit and reports directly to the head of the organization, who manages labor protection in the organization.

The structure of the service and the number of its employees are determined by the head of the organization depending on the number of employees, the nature of working conditions, the degree of danger of production and other factors, taking into account the Interindustry standards for the number of employees of the labor protection service in organizations approved by Resolution of the Ministry of Labor of Russia dated January 22, 2001 N 10 ( BMT RF.

2002. N 5).

As a rule, employees with a qualification as an engineer or specialists with a higher professional (technical) education without requirements for work experience or secondary vocational (technical) education and work experience as a technician of the first category are appointed to the position of occupational safety specialist, as a rule. three years or other positions filled by specialists with secondary vocational (technical) education, at least five years. In addition, these specialists must undergo special training in labor protection.

What are the tasks of the labor protection service?

Organization of labor protection at an enterprise is a set of measures initiated by the management of the enterprise and the labor protection service.

In turn, the labor protection service carries out its activities in cooperation with other divisions of the organization, the labor protection committee (commission), authorized (trusted) persons for labor protection of trade unions or other representative bodies authorized by employees, the labor protection service of a higher organization (if it availability), as well as with federal executive authorities and the executive authority of the relevant constituent entity of the Russian Federation in the field of labor protection, state supervision and control bodies over compliance with labor protection requirements and public control bodies.

At the initiative of the employer or employees, a labor safety committee is created, which includes representatives of the employer and representatives of the elected body of the primary trade union organization or other representative body of employees. The labor protection committee (commission) organizes joint actions of the employer and employees to ensure the requirements for organizing labor protection, preventing industrial injuries and occupational diseases, and also organizes inspections of labor conditions and labor protection in the workplace and informing workers about the results of these inspections, collecting proposals for section of the collective agreement (agreement) on labor protection (Article 218 of the Labor Code of the Russian Federation).

The main tasks of the occupational safety service according to the Recommendations are: - development of an occupational safety management system in the organization to ensure that employees comply with occupational safety requirements; — control over employees’ compliance with laws and other regulatory legal acts on labor protection, collective agreements, agreements on labor protection, and other local regulatory legal acts of the organization; — organization of preventive work to prevent industrial injuries, occupational diseases and diseases caused by production factors, as well as work to improve working conditions; informing and consulting the organization’s employees, including its manager, on labor safety issues; — study and dissemination of best practices in labor protection, promotion of labor protection issues.

Organization of labor protection implies control of the head of the enterprise's labor protection service. Control is also carried out by the labor protection service of a higher organization (if there is one), the executive authority of the relevant constituent entity of the Russian Federation in the field of labor protection, and state supervision and control bodies over compliance with labor protection requirements.

The head of the organization is also responsible for the activities of the service. Service employees are responsible for fulfilling their job responsibilities as defined by the regulations on the labor protection service and job descriptions.

New edition of the Labor Code of the Russian Federation with amendments for 2021

the state as a guarantor of the legality of the implementation of people's rights to work.
employer;
worker;

It is believed that the Labor Code of the Russian Federation, acting as an intermediary between the parties to the production process, primarily protects the rights of employees. In accordance with the norms of Federal Law No. 197, employees have the right to:

timely payment of wages;
protection against arbitrary dismissal;
forty-hour work week;
maternity and child care leave.
rest in accordance with the regime and schedule;
ensuring constant and adequate working conditions in accordance with the contract and existing standards;
protection of personal data;

At the same time, he needs to take into account the specifics of the company’s production activities.

These include the following functions:

reporting and preparation of documentation on occupational safety;
ongoing monitoring of compliance with occupational safety requirements in the company;
leading a group of questions on conducting briefings, testing knowledge, promoting occupational safety;
planning and organization of activities on occupational safety, prevention of industrial injuries and occupational diseases;
investigation and recording of accidents.
resolving issues related to conducting special assessments at workplaces;

Read about what an employer should do if an accident occurs at the company:

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