The person responsible for labor protection at the enterprise: legal requirements

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Pavel Matveev , occupational safety expert

May 10, 2021, occupational safety, occupational safety management system, occupational safety and health management system at the enterprise, documents on occupational safety, person responsible for occupational safety in the organization, person responsible for occupational safety

The person responsible for labor protection in an organization is an employee who is entrusted with the responsibility to organize and carry out all necessary labor protection measures in a quality and timely manner. We will tell you in this article who to appoint, how to do it and what duties to assign to him.

The person responsible for labor protection in the organization - who is it?

An employee who has completed compulsory training (and knowledge testing) in labor safety in the amount of 40 hours in accordance with the established procedure is appointed as the person responsible for labor protection in the organization. Such an employee will monitor and manage the organization and implementation of necessary labor protection measures in the organization. Regarding the appointment of a person in charge, there are a couple of nuances:

• if the organization has a staff of more than 50 employees, then the occupational safety specialist automatically becomes responsible for labor protection (whose staffing position in this case must be introduced without fail), or the head of the labor protection service;
• if the organization has less than 50 employees and a person responsible for occupational safety and health has not been appointed, then the head of the organization automatically becomes the person responsible.

Is it necessary to appoint a person responsible for labor protection?

In organizations with up to 50 employees , as a rule, the employer or another employee authorized by the head of the organization is appointed responsible for labor protection.

The person responsible for labor protection in the organization performs the functions of a labor protection specialist. We will tell you more about the job responsibilities of a labor protection specialist below. To perform his duties, this employee does not need to have special education in labor protection (higher education or professional retraining). But the person in charge must undergo occupational safety training at the Training Center according to a 40-hour program. Based on the results of the completed training, the person in charge is issued a certificate valid for 3 years. After 3 years, the employee will need to undergo repeated occupational safety training.

It is necessary to distinguish between those responsible for labor protection in the organization as a whole and those responsible for labor protection in the workplace and the safe performance of work.

Very often, organizational leaders confuse these concepts.

The person responsible for labor protection (labor safety specialist) monitors and maintains the state of labor protection conditions at the level required by law throughout the organization.

The person responsible for labor protection in the workplace and safe work performance is, as a rule, the immediate supervisor of work at the enterprise or in its divisions. This employee is responsible for the state and conditions of labor protection specifically at workplaces and when performing certain work (work at height, loading and unloading work, fire hazardous work, etc.).

If the number of employees in an organization exceeds 50 people , the employer is obliged to hire a labor protection specialist to the staff of the organization.

In this case, the absence of a labor protection specialist on the staff of the organization will be equated by the state labor inspectorate to a violation of paragraph 1 of Article 5.27.1. Code of Administrative Offenses of the Russian Federation.

LEGISLATION! Article 5.27.1. Code of Administrative Offenses of the Russian Federation Clause 1. Violation of state regulatory requirements for labor protection contained in federal laws and other regulatory legal acts of the Russian Federation entails a warning or the imposition of an administrative fine on officials in the amount of two thousand to five thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from two thousand to five thousand rubles; for legal entities - from fifty thousand to eighty thousand rubles.

It is not necessary to hire a full-time occupational safety specialist if the organization is small - 50-70 people.

In this case, it will be enough to hire a specialist for example at 0.5 rates. But at the same time, one should take into account the specifics of the organization’s activities and the presence of high-risk work. The employer himself determines the structure of the labor protection service, the number of specialists and their “workload” (Letter of the Ministry of Labor dated October 26, 2019 No. 15-2/B-2363 “On the creation of the labor protection service”). It should also be remembered that the legislation allows the use of specialist services from organizations providing services in the field of labor protection. The relations of the parties in this case are regulated by a civil contract.

An occupational safety specialist is an employee who monitors compliance with labor safety standards and regulations in the organization and ensures the full functioning of the occupational safety management system.

What are the responsibilities of a labor safety officer?

The person responsible for labor protection is appointed by a local regulatory document (order, regulation, etc.), which contains the responsibilities of this employee:

1. Exercising control over compliance in the Company with legislative and other regulatory legal acts on labor protection.
2. Studying working conditions in the workplace, organizing work in the organization to conduct a special assessment of working conditions in the organization’s workplaces.
3. Participation in the development of measures to prevent occupational diseases and accidents in the organization, to improve working conditions and bring them to the requirements of regulatory legal acts on labor protection.
4. Providing methodological assistance in compiling lists of professions and positions, according to which workers must undergo mandatory medical examinations, in the development and revision of labor protection instructions, enterprise standards, and a system of labor safety standards; when organizing briefing, training and testing the knowledge of workers on labor protection.
5. Conducting introductory training on labor protection with all newly hired, business travelers, students arriving for on-the-job training or internship.

How is a job description for an occupational safety specialist drawn up?

The biggest “helpers” in developing instructions for a labor protection specialist are the following regulatory documents:

➤ EKS, approved by Order of the Ministry of Social Health Development 559n dated 05/17/2012 ➤ Professional standard of a specialist in the field of labor protection, approved by Order of the Ministry of Labor 524n dated 08/04/2014

We recommend that you familiarize yourself with them, because... These documents describe in detail what job functions an occupational safety specialist should have, and provide descriptions and characteristics of job functions.

The job description of a labor safety specialist in 2021, as before, consists of the following sections:

1. General Provisions. Here are the following:

➤ category of employee – managers, specialists; ➤ how a new specialist is appointed, as well as his dismissal; ➤ persons to whom the safety engineer reports, as well as persons to whom he himself reports; ➤ requirements for level of education, specialization, experience; ➤ what a labor protection engineer should know (nuances of technological processes, regulatory documentation, working with regulatory authorities, etc.); ➤ who and on what basis (order, instruction) replaces him during absence (sick leave, vacation); ➤ other requirements at the discretion of the employer. These may be the nuances of reporting, possession of communication means, instruments, computer equipment, availability of a driver’s license, etc.

2. Functional responsibilities. This section provides the functional responsibilities of an occupational safety engineer, selected from the EKS and the professional standard of an occupational safety specialist for a specific position. They are supplemented by the company's own requirements. For example, you can provide for the obligation to replace a specialist with similar functions during his absence, to participate in the development of business plans, projects, equipment orders (check that the selected models comply with the requirements of the legislation of the Russian Federation, are equipped with the appropriate certificates, and can be easily verified in the enterprise conditions and etc.).

3. Rights. Here is a detailed list of the rights of a labor protection specialist necessary for the implementation of his job responsibilities:

➤ use round-the-clock access to any of the production areas entrusted to him in order to be able to fully monitor compliance by employees with labor protection requirements; ➤ receive any information that he needs to complete production tasks; ➤ study orders, orders, resolutions, instructions, any technical documentation that he needs to perform the work; ➤ have the right to sign or endorse documents (within the limits of their powers); ➤ improve your qualifications, undergo training necessary for work, etc.

4. Responsibility. Here are the instruments of influence that the employer has the right to use for improper performance of job duties by a labor protection specialist. They are regulated by the following types of legislation:

➤ dishonest performance of work – by Trudov; ➤ offenses (theft, fights, forgery of documents, etc.) – Civil, Criminal and Administrative; ➤ material damage (the property of the enterprise was damaged or lost, due to the fault of the fire safety engineer, the enterprise was fined) – Labor, Civil.

The employer can also punish for violations of the charter and internal rules of the organization, as well as other omissions.

Job descriptions of occupational safety specialists in 2021 are drawn up by their managers, personnel officers or other persons authorized by employers. If this is required by the established procedure in the organization, they are endorsed by lawyers, the head of the personnel department or other specialists. The instructions signed by the originator and endorsed are approved by the first person of the organization or his deputy. Job descriptions are not drawn up for each employee individually, but for specific professions.

What responsibilities does the occupational safety and health officer have in an organization?

Along with the responsibilities, the person responsible for labor protection in the organization also bears responsibility for the high-quality organization and implementation of all mandatory labor protection measures and the performance of assigned duties. In case of violation (unfair performance of duties), the person responsible is subject to disciplinary, administrative, civil, and criminal liability (the latter in case of a fatal accident and evidence of the guilt of the person responsible). To monitor the effectiveness of the activities of the person responsible for labor protection, the appointed employee regularly (monthly/quarterly) generates reports on the activities carried out, comments on safety issues and proposals for their improvement.

The appointment of a person responsible for occupational safety and health is part of the procedure “Distribution of responsibilities in the field of occupational safety and health” of the occupational safety and health management system. Treat this with due attention!

What are the requirements of the rules

Who can be responsible for occupational safety and health at an enterprise?

At an enterprise, the main thing is to ensure the safety of workers, and it is imperative to prevent occupational injuries and occupational diseases, which can negatively affect the functioning of the facility. The main goal of the organizational structure is to produce in-demand products that meet quality indicators.

But, one way or another, the employee is associated with dangers and harmful factors at work, and therefore it is necessary to control the maintenance of the workplace, as well as the employee’s use of all required PPE.

In order for an enterprise to have order in the field of occupational health and safety, the organization must appoint one person who is responsible for this area. These are legal requirements. In an organizational structure, as a rule, there are many areas of production activity, and accordingly, safety must be ensured in all areas simultaneously.

Despite the fact that an organizational order is issued where responsibility for occupational safety is distributed among site managers, there is a need for one person to be responsible for the facility. One of the deputy managers or the manager himself is appointed as such a person, but this is rare.

It is worth noting that an occupational safety engineer cannot be appointed responsible for occupational safety at an enterprise.

Rights of workers of the Labor Protection Service

According to Resolution of the Ministry of Labor of Russia dated 02/08/2000 No. 14, employees of the Labor Safety Service have the right:

• at any time of the day, freely visit and inspect the production, office and household premises of the organization, get acquainted, within the limits of their competence, with documents on labor protection issues;
• present to heads of departments and other officials of the organization mandatory instructions to eliminate violations of labor protection requirements identified during inspections and monitor their implementation;
• demand from the heads of departments the removal from work of persons who do not have permission to perform this type of work, who have not undergone preliminary and periodic medical examinations, labor safety instructions in the prescribed manner, who do not use the provided personal protective equipment in their work, and who also violate the requirements of the legislation on labor protection;
• send proposals to the head of the organization to bring to justice officials who violate labor protection requirements;
• request and receive from department heads the necessary information, information, documents on labor protection issues, demand written explanations from persons who committed violations of labor protection legislation;
• involve, in agreement with the head of the organization and heads of departments, the relevant specialists of the organization in checking the state of working conditions and labor protection;
• submit proposals to the head of the organization to reward individual employees for active work to improve working conditions and safety;
• represent, on behalf of the head of the organization, in state and public organizations when discussing labor safety issues.

Sample order and its correct drafting

Before appointing occupational safety responsibilities, consent should be obtained from the employees who will be given these responsibilities. For this purpose, additional agreements to the employment contract are drawn up and signed by the parties. After this, employees are introduced to the job description, which shows their new responsibilities.

Among other things, employees who will be responsible for labor protection must complete courses in specialized institutions. During this training, they are introduced to fire safety and the field of labor protection in general. A special certificate is issued to the employee upon completion of these courses.

At the top of the document is written the name of the organization, the date when it was compiled and its name. After which the reason for drawing up the order is indicated, links to articles of the Labor Code of the Russian Federation are provided. The text of the document itself states the full name and position of the employee appointed as responsible for labor protection and the employee who, in the absence of the previous one, will replace him. After this, the order specifies the documents that must be used during the performance of duties. The manager must consider and display the following points in the order:

• appointment of persons responsible for occupational health and fire safety
• appointment of an employee who performs the duties of the chief engineer and an employee who can replace him
• drawing up labor safety rules
• timely provision of various briefings on it
• registration of a log where the completion of these instructions is noted
• performing various trainings
• checking work places every week
• elimination of various shortcomings in the workplace, if they have been identified
• appointment of a person responsible who will monitor the implementation of all these points

After drawing up this order, it is signed by the manager. The order for the appointment of a person responsible for labor protection consists of various points. An employee who is appointed responsible for labor protection must first undergo special courses, after which an additional agreement is drawn up and only then is he appointed to a new position.

Why you need to follow safety precautions in the workplace

The answer is very simple: “So as not to get injured.” But there are completely other reasons.

5 reasons why you should follow safety precautions in the workplace:

1. So that the employee remains alive, healthy and does not become disabled. Think about it, about 2,000 people die a year at Russian enterprises and about 4,000 people become disabled per year!
2. Causing harm to the health of other employees. For causing harm to the health of citizens, both administrative liability is provided (Article 5.27 of the Administrative Code) and criminal liability (Article 143 of the Criminal Code of the Russian Federation).
3. Failure to provide various benefits and guarantees not provided for by the collective agreement. Thus, many enterprises do not pay the 13th salary to violators of labor discipline.
4. Reduced quality of products and services.
5. Dismissal at the initiative of the employer. The administration of the enterprise has every right to terminate an employment contract for repeated violations of safety regulations or for a single gross violation of safety regulations (Articles 81 and 192 of the Labor Code of the Russian Federation).

In what case should an occupational safety service be created at an enterprise?

Labor legislation of the Russian Federation, namely Art. 217 of the Labor Code of the Russian Federation provides for the possibility of assigning labor protection duties as follows:

It is recommended to organize the occupational safety service in the form of an independent structural unit of the organization, consisting of a staff of occupational safety specialists headed by the head (chief) of the Service.

According to Art. 218 of the Labor Code of the Russian Federation, at the initiative of the employer, a committee (commission) on labor protection can be created, which on a parity basis includes:

• employer representatives;
• representatives of the elected body of the primary trade union organization or other representative body of workers.

The labor protection committee (commission) carries out its activities in accordance with the Regulations on the labor protection committee (commission), adopted at the General meeting of the organization’s labor collective, agreed upon with the elected body of the primary trade union organization and approved by the head of the organization.

The standard regulations on the labor protection committee (commission) are approved by the federal executive body that carries out the functions of developing state policy and legal regulation in the field of labor.

Employer's responsibility in the field of labor protection

Ignoring the provisions of Russian laws in the field of labor protection entails several types of administrative liability (fines, suspension of activities, disqualification), which may be accompanied by inspections by the competent authorities.

Failure to comply with state regulations on labor protection, which are contained in federal, regional laws and other legal acts of the Russian Federation, is subject to regulation by Art. 5.27.1 Code of Administrative Offences. There is a fine for committing such actions:

• for officials and individual entrepreneurs - in the amount of 2-5 thousand rubles;
• for legal entities - in the amount of 50-80 thousand rubles.

For allowing an employee to perform production tasks in the absence of training, verification of the level of training in the field of labor protection, as well as mandatory medical examinations, the following penalties are provided:

• officials and individual entrepreneurs – a fine of 15 to 25 thousand rubles;
• legal entity – fine from 110 to 130 thousand rubles.

Read: Responsibility for concealing an accident at work
In case of repeated commission of these offenses, enterprises or organizations will suffer a more serious punishment in the form of a fine of up to 200 thousand rubles or termination of work for up to three months. In addition, this article of the Code of Administrative Offenses provides for the application of sanctions for failure to carry out or violation of the current procedure for carrying out special labor assessments, as well as failure to provide employees with personal protective equipment.

Art. 15.34 of the Code of Administrative Offenses introduces administrative liability for an entrepreneur for failure to notify an insured event in the event of compulsory social insurance against injuries and occupational diseases during production activities. For this offense, officials will pay a fine from 500 to 1 thousand rubles, and a legal entity from 5 to 10 thousand rubles. This provision establishes punishment for non-compliance with the requirements of Art. 228 of the Labor Code of the Russian Federation, obliging the employer to immediately transmit information to the insurer about the fact of an accident during the performance of work duties.

Art. 6.3 of the Code of Administrative Offenses provides for liability for non-compliance with SanPiN and failure to take anti-epidemic and sanitary and hygienic measures, including mandatory vaccination. Officials are punished with a fine of 500 to 1 thousand rubles, enterprises and organizations will pay from 10 to 20 thousand rubles or will be forced to suspend activities for up to three months.