Sample order for the person responsible for labor protection and the procedure for its preparation

What is included in the concept of “labor safety”

This term refers to a whole range of measures aimed at the safe work activities of enterprise personnel, protecting the health and lives of workers. In particular, this is the preparation of special documentation, as well as the actual implementation of all necessary actions (for example, installing fire and security alarms, providing special protective equipment, establishing a work and rest schedule, providing staff with therapeutic and prophylactic nutrition, etc.).

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What is the purpose of the order?

Labor protection is an important condition for the activities of any organization.
It includes a set of measures that must be carried out to ensure the protection and preservation of the life and health of the company’s employees. Also, labor protection requires the development of local regulations. The main one is the labor safety instructions, an important document that every employee of the enterprise must read and sign, regardless of their qualifications, education, etc.

Occupational safety requirements are determined by legislative regulations of Russia. They include:

• Special labor assessment and monitoring of working conditions at a specific place of work;
• Creation of a labor protection management system;
• Organization of work and rest schedules in accordance with the standards;
• Providing workers with certified protective equipment and specialized clothing;
• Mandatory training for employees at all stages of work, especially those related to the operation of complex equipment;
• Preventing employees from working who have not been instructed, trained, tested their knowledge of labor protection, or who incorrectly use personal protective equipment;
• Informing employees about existing working conditions, risks to their health, etc.

To control these processes and organize them, it is necessary to identify responsible persons at the enterprise and develop a plan for their implementation.

In addition, the issuance of an order is necessary to facilitate the investigation procedure when accidents occur in the company. This document is also requested during inspections of the enterprise by the competent authorities.

It is worth noting that currently, if an organization has workers, even those performing office tasks, it is necessary to conduct a special assessment of working conditions (previously, such an event was called certification of workplaces). If this is not carried out, significant fines may be imposed on the organization.

Who is most often held responsible?

Typically, an employee who has the necessary knowledge, experience and has undergone special training is appointed as responsible for labor protection. If the enterprise does not have one, then one of the employees is sent for training and, after completing it, begins these duties.

It should be noted that not all organizations must include a position responsible for occupational safety and health in their staffing table. But such a specialist must be present in those companies whose staff exceeds 100 people (if we are talking about manufacturing companies) or 200 people (if the enterprise’s activities are carried out in any other area). Sometimes an entire department or service consisting of several employees monitors labor safety.

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

The employer and employee must comply with labor protection requirements established by labor safety standards, rules and instructions (Part 10 of Article 209, Article 212, Article 214 of the Labor Code of the Russian Federation).

Moreover, every employer engaged in production with more than 50 employees must create a labor protection service or introduce the position of an appropriate specialist with special training or work experience (Article 217 of the Labor Code of the Russian Federation). Other employers do this depending on the specifics of their activities.

If the company does not have a “labor safety” specialist on staff, his duties are assigned to the manager or other authorized person (Part 2 of Article 217 of the Labor Code of the Russian Federation).

It is also possible to involve a third-party occupational safety specialist under a GPC agreement or an accredited specialized organization.

What should the safety officer do?

The list of responsibilities of an enterprise employee appointed responsible for labor protection in different companies may vary.

But, as a rule, this is familiarization of the organization’s personnel with the relevant instructions, checking the operation of warning systems, as well as technical devices and equipment, various types of structures that pose a certain danger, monitoring compliance with protective measures on production lines, timely sending workers for medical examinations and examinations and other events.

How to choose a responsible person?

The occupational safety specialist must have the necessary knowledge for this.
Before appointing a person responsible for occupational safety and health, you need to check that he has a certificate of training in occupational safety and health programs in the organization. This document is valid for five years. Therefore, candidates and designated responsible persons must periodically receive this education in special centers. Training is paid and must be carried out at the expense of the company. When choosing this person, you need to take into account the specifics of the company’s activities and the amount of work. In this regard, such work can be offered part-time to an already working employee, or an individual can be hired for the position of occupational safety engineer. Large companies have entire departments dedicated to these functions. In small businesses, the head of the company may take on this responsibility.

Who should sign the document?

The order must have several signatures. First of all, the director of the company, since all such orders are issued on his behalf (if the director is not present, the order can be signed by an employee temporarily replacing him).

In addition, the document must contain the autographs of the employees who are directly affected by the order, as well as those persons appointed responsible for its implementation.

It must be said that if the document does not contain the signatures of the director or employees in respect of whom it was issued, it can easily be challenged in the future in court, which is why this point must be strictly observed.

How to create an order

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The order is drawn up in free form, but it is better to use the organization’s letterhead. The validity period of the order is limited to one year, and after this period a new copy is drawn up.

The structure of such a document should include:

• date and place of compilation;
• title;
• a preamble containing a link to the current regulatory document;
• the text of the order appointing responsible persons, indicating their names and positions.

The text also indicates the persons who can replace those in charge if necessary, specifies all the functions of the mentioned employees and displays the action plan for the coming year, during which the order will be valid. Additionally, you can approve internal documents that employees must follow to comply with all labor protection requirements.

The document is endorsed by the manager’s signature, after which it is recorded in the order book and receives a serial number. The employees specified in the order must familiarize themselves with it and put their signatures on the document, after which the paper officially comes into force.

Sample order for the appointment of a person responsible for labor protection

If you are tasked with creating an order to appoint an employee responsible for labor protection, look at its example and take note of the recommendations and comments to it.

1. First of all, indicate the name of the company in the form (full or abbreviated - it does not matter), then write the name of the document, indicate its number and the date of preparation. Next, start formulating the main block.
2. First, give a rationale for the order, i.e. indicate the reason for which it is being written, then provide references to the numbers and dates of legislative acts or internal company documents that are directly related to this order.
3. Below, after the word “I order”, include the position and full name of the employee who is appointed responsible for labor protection, as well as the person who will perform these duties during his absence from work.
4. After this, indicate the requirement that these persons familiarize themselves with the job description of the person in charge and enter information about the employee of the enterprise who is obliged to monitor the implementation of this managerial order.
5. Finally, collect all the necessary signatures.

How to approve a responsible person

Once a candidate has been identified, it must be processed and approved. Depending on the chosen option, an additional agreement is concluded with him (part-time work) or a new employment contract is drawn up. Next, the manager issues an order appointing a person responsible for labor protection.

Having chosen an occupational safety engineer, it is necessary to assign persons responsible for compliance with the requirements at each site, who will organize occupational safety briefings at a specific location of the employee.

Heads of structural units can take on this responsibility or elect competent officials. All these responsible persons are also assigned in the appointment order. Next, they are given job descriptions that describe exactly what they must do.

Document form

The Ministry of Labor of the Russian Federation has not developed a mandatory form of order for the appointment of a labor protection specialist. There is also no order form recommended by this department. Therefore, when issuing it, it is necessary to be guided by the general rules for issuing such orders adopted at the enterprise.

Please note that failure to appoint an occupational safety manager at an enterprise may result in an administrative fine. This is confirmed by judicial practice (for example, the decision of the 13th Arbitration Court of Appeal dated March 31, 2015 in case No. A56-75790/2014).

The following is an example of an order for the appointment of a labor protection representative, which, if necessary, can be modified to suit the needs of a specific organization:

Also see “Sample order for the creation of a labor safety commission.”

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07.09.2017

Why is it issued?

The execution of an order for the appointment and assignment of functions should serve several purposes:

• Legal assignment of responsibilities for the implementation of labor protection standards to a certain specialist. When conducting an inspection by the state labor inspectorate, first of all, regulations regarding the competence of an occupational safety specialist are checked, including the order for his appointment, as well as the grounds for this appointment.
• Empowering a specialist with rights and responsibilities in the implementation of a set of labor protection measures. Without documentary confirmation of his status, an occupational safety specialist does not have the appropriate administrative powers in relation to the organization’s employees and does not have the right to legally involve them in safety activities.
• If a combination occurs, the employee’s payment procedure also changes. This fact should also be reflected in the relevant order. If an employee, in addition to performing his main production functions, is engaged in activities to comply with labor safety standards within his working hours, an appropriate additional payment must be made.

We also offer orders for:

• distribution of occupational safety responsibilities among officials.