Rules for appointing a person responsible for fire safety - who can be appointed as the person responsible for ensuring fire safety in an organization, order (instruction) of the manager to appoint

Article update date: 12/28/2020 03/02/2020

This article will touch upon a very important and rather controversial topic regarding the appointment of persons responsible for ensuring
fire safety Fire safety
is the state of protection of the individual, property, society and the state from fires
(Federal Law of December 21, 1994 N 69-FZ. On Fire Safety )

Click to go to FireWiki in your organization.

Why so important? Because these persons bear disciplinary, administrative and criminal liability Click to go to FireWiki for fulfilling the duties assigned to them.

Why controversial? Because often only the court can figure out whether the person appointed responsible for compliance with
fire safety requirements Fire safety requirements
are special conditions of a social and (or) technical nature established in order to ensure fire safety by the legislation of the Russian Federation, regulatory documents or an authorized government body .
(Federal Law of December 21, 1994 N 69-FZ. On Fire Safety)
, fulfill the duties assigned to it and whether it could, in principle, fulfill them.

Today we will not delve into the legal subtleties associated with the law enforcement practice of bringing these persons to justice (this is a topic for a separate publication), but will try to clarify the basic requirements relating to the stated topic. The article will be structured in the form of questions and answers.

Appointment of a responsible person

Who can be appointed responsible for fire safety? There is no specific list of positions that can be assigned this responsibility. Most often, management selects a person from among highly qualified specialists with a higher technical education and at least three years of work experience.

This position can be entrusted to an occupational safety engineer, head of the security service or other members of the management team. Sometimes former fire service employees are held responsible. An employee cannot be appointed to this position without his consent, and also if he does not have the appropriate level of training. The person responsible for fire safety must study the fire safety minimum in a special licensed institution.

Some entrepreneurs may assign additional responsibilities to an occupational safety specialist. But this decision will not always be correct, since this employee has a large amount of work in his specialty. And as a result, less time will be devoted to fire safety than necessary.

Who to appoint to the position

The best option would be a person who has already worked as a firefighter or in a similar position. These people are prepared and know what to do and what to watch out for. If there is no such person, then you can delegate responsibilities to any employee. The requirements for a candidate for the position are as follows:

the employee must have at least 3 years of work experience in this organization;
education - not lower than secondary technical, optimally - higher technical;
the employee must undergo training in fire safety measures according to the fire-technical minimum program. The duration of training is at least 72 hours. In the process of work, such courses will have to be taken regularly, at least once every three years. In the case of production with an increased fire and explosion hazard, this must be done even more often - once a year;
he should also undergo all necessary instructions;
they must study the instructions of the person responsible for fire safety at the enterprise (this fact must be confirmed with a handwritten signature);
Before appointment to a position, the employee’s consent must be obtained.

Those responsible for industrial safety are appointed and removed from the position by a separate order of the employer, with which the employee should be familiarized with his signature.

In small enterprises, one such employee is usually enough. In large cases, it may be necessary to prescribe several. Each worker is responsible for the area assigned to him. For this purpose, instructions are drawn up for the person responsible for fire safety of the premises. And the immediate supervisor becomes the person responsible for industrial safety. If there is only one employee in the organization, he reports directly to the employer.

IMPORTANT!

Please note that according to the Letter of the Main Directorate of the Ministry of Emergency Situations for Moscow dated June 13, 2019 No. 3227-1-1-8, responsibility for fire safety can only be assigned to a company employee with whom an employment contract has been concluded. A person who works under a civil contract does not have the right to engage in such activities. Also, it cannot be entrusted to a person working under an outsourcing or outstaffing agreement, representatives of the capital’s Ministry of Emergency Situations emphasize. They argue their position as follows: the current regulatory legal documents do not focus on whether the person responsible for fire safety should have an employment relationship with the employer. However, a job description is developed for him, an appointment order is approved, and a specific work schedule is introduced, which demonstrates the existence of such a relationship. Since it is prohibited to enter into civil law contracts that actually regulate labor relations, only a full-time employee can be appointed responsible.

Requirements for the responsible person

The legislation does not establish specific requirements for those responsible for fire safety in an organization. But a person applying for this position must have the following knowledge:

have an idea of the principles of forming a fire protection system;
know the main causes of fires and explosions;
be able to use fire prevention means;
know the rules for evacuating people in case of fires;
know the procedure for maintaining and monitoring the condition of primary fire extinguishing equipment.

He must also navigate the laws, methodological materials and regulatory and technical documentation on fire safety.

Who can be appointed responsible for fire safety

Any facility must have a designated person responsible for fire safety. There is no approved list of positions whose representatives can be appointed responsible for industrial safety. Depending on the size of the company, the manager can assign this task to an employee, hire a special employee, or independently control this area. For example, individual entrepreneurs are by default responsible for compliance with fire safety regulations. As for large enterprises, they can organize separate divisions that oversee this issue. A person responsible for fire safety in the office can also be appointed, this will simplify local control.

Order of appointment

The appointment of a person responsible for fire safety in an organization is regulated by industry regulations. To approve an official, the manager must adopt the appropriate order. If the enterprise employs more than 50 people, it is necessary to approve the composition of a special fire-technical commission.

The order appointing someone responsible for fire safety must contain:

name of the organization and its details;
serial number of the document, date of publication;
a preamble with reference to the legal acts on the basis of which the order was issued;
the essence of the order;
signatures of the manager and responsible employees.

The order appointing persons responsible for fire safety must list the controlled units and facilities (production shops, workshops, warehouses, etc.), as well as a list of employees authorized to supervise the state of fire safety in these units. The document should include a clause on the procedure for conducting targeted training sessions with operating personnel. Officials must familiarize themselves with the order against signature.

Fire safety measures

Among the safety measures is the installation of a fire safety regime in the organization, including the development of instructions that reflect the positions associated with such a regime:

maintenance of buildings;
control of visual inspections at the end of the working day;
operation of escape routes;
serviceability of fire safety systems.

The instructions are communicated to employees.

What tasks do the responsible persons perform?

The responsibilities of the person responsible for fire safety at the enterprise include:

monitoring compliance with industrial safety rules;
determining the need for primary fire extinguishing means;
monitoring the availability and maintenance of fire extinguishing equipment;
development and maintenance of documentation on industrial safety;
conducting training for new employees;
participation in the work of the fire safety commission;
conducting comprehensive and unplanned inspections of the fire safety condition of the organization’s divisions;
development of proposals aimed at improving fire safety.

If employees of an enterprise violate industrial safety rules, the responsible employee is obliged to take urgent measures to eliminate the violations and report the incident to management. He has the right to remove from work persons who have not completed mandatory training. Also, the responsible employee has the right to demand management assistance in fulfilling his duties related to ensuring fire safety at the enterprise.

JOB DESCRIPTION OF THE PERSON RESPONSIBLE FOR FIRE SAFETY

1. General part
1.1. Persons responsible for fire safety of the enterprise and its structural divisions within the enterprise are appointed by order of the enterprise from among the managers who have passed a knowledge test in the scope of the fire-technical minimum.

1.2. During the absence of the person responsible for fire safety (vacation, business trip, illness, etc.), responsibility is assigned to his deputy, or a person appointed by order in the prescribed manner.

1.3. The person responsible for fire safety in his work is guided by:

current regulatory and directive documents in the field of fire safety, codes of practice;

— “Fire regulations in the Russian Federation” (approved by Decree of the Government of the Russian Federation of April 25, 2012 No. 390);

— Federal Law N 123-FZ of July 22, 2008 “Technical Regulations on Fire Safety Requirements”;

— labor legislation and this job description.

pozharnaya-bezopasnost

2. Job responsibilities

2.1. The person responsible for fire safety is obliged to ensure:

— compliance with fire safety requirements at the facility entrusted to him;

— fire safety regime for maintaining the territory, buildings, structures and premises, including evacuation routes (timely cleaning of objects from flammable waste, garbage, containers, fallen leaves and dry grass);

— admission of personnel to work at the facility only after completing training in fire safety measures by conducting fire safety briefings and passing the fire-technical minimum;

— compliance at the facility with the requirements stipulated by Article 12 of the Federal Law “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption”;

— the presence of signs with a telephone number to call the fire department in warehouses, production, administrative and public premises, places of open storage of substances and materials, as well as the location of technological installations;

— presence on the doors of industrial and warehouse premises indicating their categories according to explosion and fire hazard;

— availability at a facility with a large number of people, as well as at a facility with workplaces on the floor for 10 or more people, plans for evacuation of people in case of fire;

— good condition of fire safety signs, including those indicating evacuation routes and emergency exits;

— availability and serviceability of fire extinguishers, frequency of their inspection and testing, as well as timely recharging of fire extinguishers;

— good condition of the fire protection systems and means of the facility (automatic fire extinguishing and alarm systems, fire warning systems, fire alarm systems, fire water supply systems) and checking the operability of the specified systems and fire protection means of the facility with the execution of the relevant acts (at least 1 time per quarter);

— ensuring that fire hydrants of the internal fire-fighting water supply are equipped with fire hoses, manual fire nozzles and valves, organizes the rolling of fire hoses (at least once a year);

— serviceability of external and internal fire-fighting water supply networks and organizes inspections of their performance at least 2 times a year (spring and autumn) with the preparation of relevant reports;

— safety of organizing and carrying out fire hazardous work (painting, fire);

— timely notification of a fire to the fire department and notification (informing) of the management and duty services of the facility;

— organizing the rescue of people using available forces and means;

— turning off electricity if necessary (with the exception of fire protection systems), stopping the operation of devices, units, apparatus, shutting off gas and water communications, taking measures to help prevent the development of fire and smoke in the premises of the building;

— cessation of all work in the building, except for work related to fire extinguishing measures;

— removal of all workers not involved in fire extinguishing outside the danger zone;

— providing general guidance on fire extinguishing (taking into account the specific features of the facility) before the arrival of the fire department;

— ensuring compliance with safety requirements by workers taking part in fire extinguishing;

— organizing, simultaneously with fire extinguishing, evacuation and protection of material assets;

— meeting fire departments and providing assistance in choosing the shortest route to the fire;

— notification to fire departments involved in extinguishing fires and carrying out related priority rescue operations, information necessary to ensure the safety of personnel about dangerous (explosive), explosive, and highly toxic substances being processed or stored at the facility;

— upon arrival of the fire department, informing the fire extinguishing manager about the design and technological features of the facility, adjacent buildings and structures, the quantity and fire hazard properties of substances, materials, products stored and used at the facility, and providing other information necessary for the successful extinguishing of the fire;

— organizing the involvement of forces and resources of the facility in the implementation of measures related to extinguishing the fire and preventing its development.

3. Rights

3.1. The person responsible for fire safety has the right to:

— removal from work of personnel who have not passed the fire-technical minimum knowledge test or who have shown unsatisfactory knowledge;

— providing the head of the enterprise with proposals to bring to justice persons who violate the requirements of instructions and rules on fire safety;

— obtaining information on fire safety issues, including, in the prescribed manner, from governing bodies and fire departments.

4. Responsibility

4.1. Responsibility for violation of fire safety requirements lies with:

- property owners;

— persons authorized to own, use or dispose of property, including heads of enterprises;

— persons appointed in accordance with the established procedure as responsible for ensuring fire safety;

- officials within their competence.

4.2. The grounds and procedure for bringing to administrative responsibility for offenses in the field of fire safety are established by the current legislation of the Russian Federation.

Responsibility of specialists for failure to fulfill their obligations

According to Art. of the Law “On Fire Safety”, for violation of fire safety requirements, the management of the organization and responsible persons bear administrative responsibility (Article 20.4 of the Code of Administrative Offenses of the Russian Federation), and in more serious cases they will be held liable under Art. 219 of the Criminal Code of the Russian Federation:

if the health of workers was seriously harmed, the perpetrators face a fine of up to 80 thousand rubles, restriction of freedom for up to 3 years;
if violation of the requirements of industrial safety results in the death of a person, the perpetrators are punished by forced labor for up to 5 years;
if two or more people died, the perpetrators face forced labor for up to 5 years, or imprisonment for up to 7 years.

Inspectors of the State Fire Supervision (SFS) of the Ministry of Emergency Situations carry out scheduled and unscheduled inspections in organizations. If violations are revealed as a result, legal entities and individuals will be subject to fines, the amount of which varies from 1,000 to 200,000 rubles.

Who is responsible for industrial safety in rented premises?

Who is responsible for fire safety: the tenant or the landlord? The legislation does not have a clear answer to this question. The parties to the lease agreement have the right to independently determine who will be responsible for ensuring fire safety. If the contract does not specify specific terms or are vague, it can be difficult to determine who is responsible.

Both the owner and the tenant can be responsible for fire safety in a rented premises. It all depends on whose illegal action (or inaction) caused the fire. In accordance with Art. 209-210 of the Civil Code of the Russian Federation, the general burden of maintaining the property must be borne by its owner. And the landlord is responsible for situations related to improper operation of the premises

Is it necessary to pay extra to the person responsible for life safety?

This issue is resolved depending on the organization of industrial safety at the enterprise. If a special service is created, then authorized persons will perform the corresponding functions for a separate salary. If labor safety responsibilities are assigned to an employee already working in another position, in accordance with Art. 151 of the Labor Code of the Russian Federation, additional payment is required for combining positions or professions, since the employee’s duties expand significantly and his area of responsibility increases. The additional payment is set as a certain, fixed percentage of the salary. All these issues must be reflected in the order.