What documents should I fill out to organize a labor protection service?

Required for approval

In mid-October 2021, the Russian Ministry of Justice registered Order No. 438n of the Ministry of Labor dated August 19, 2021, which approved an approximate regulation on the labor safety management system. This should be the case in every enterprise. This means that you need to understand how to draw up an order on OSH (a sample will be provided below in the article).

In general, an organization can develop a basic document on OHSMS either independently or with the help of third parties - private specialists and labor protection firms in the given area in which the organization operates.

Also see “What should be the occupational safety management system at the enterprise starting from 2021.”

The seventh paragraph of the order of the Ministry of Labor obliges the employer to issue an order approving the OSMS (developed regulations on it). Moreover, this must be done taking into account the opinions of employees and/or their authorized representative body (if there is one).

The legislation currently does not impose any further requirements for the order to implement an OSMS Therefore, in our opinion, an order on the enterprise’s occupational safety and health system can be issued:

1. as a separate order;
2. implement an OSMS developed for the organization, taking into account its specifics.

Of course, this document is signed by the head of the enterprise, since it is he who bears the responsibility to create and put into circulation an adequate occupational safety management system.

The main responsibilities of the occupational safety officer

A job description must be developed for the person responsible for labor protection or the existing one must be supplemented if the employee performs this function part-time with his main job. The job description includes the responsibilities of the person responsible for occupational safety. Typically, the person responsible for occupational safety and health is assigned the following responsibilities:

1. Monitoring employees' compliance with all workplace safety standards and regulations;
2. Organizing training for employees on workplace safety;
3. Organizing medical examinations – if the company has positions that require a medical examination. The person responsible for labor protection enters into an agreement with a medical institution, and also carries out other measures necessary in these cases.
4. If the company’s staff includes specialists who must undergo a medical examination, but refuse to undergo it, the person responsible for occupational safety must ensure that they are not allowed to work.

Also, the person responsible for occupational safety may be responsible for providing the company’s employees with PPE. At the same time, it is also necessary to ensure that clothes and shoes that are out of order are replaced in a timely manner. This is to reduce the risk of injury in the workplace.

Order on the implementation of an OSMS: sample

The composition of the details of the order to introduce an OSMS can be divided into general and special (see table).

A stamp on the OSH order is not a mandatory element, even if it is available.
Depends on how the document flow is organized. Below is a sample order on OSH . We have marked with a green marker those positions that each company will have to disclose differently depending on the type of activity and other factors.

download this sample
order for the implementation of an OSMS on our website here.
Read also 08.11.2016

How to choose a person responsible for labor protection

The occupational safety specialist must have certain knowledge in this area and have a supporting certificate. If the specialist does not have such a certificate or the document has expired (the certificate is valid for 5 years), the employer must send it to a specialized training center. Training in such centers is paid and, as a rule, payment is made at the expense of the employer.

You can choose an OT specialist:

• From among the current employees of the company;
• Hire a new specialist.

As a rule, in large companies a separate position (or even departments) is introduced, in small ones - one of the employees performs this function part-time - on the basis of an order.

The manager himself can also be responsible for labor protection, but for this he also needs to undergo the necessary training and pass exams.

Why do you need a regulation on labor protection service at an enterprise?

Every organization must issue documents in the field of labor protection, which provide the legal basis for managing such activities in the company. In accordance with Art. 217 of the Labor Code of the Russian Federation, an employer carrying out production activities and employing more than 50 people is obliged to create a unit or introduce the position of a specialist with appropriate training or experience in this field. If the director decides to create an authorized body, then a standard regulation on the labor protection service is developed without fail. The purpose of developing the document is to consolidate the powers of such a body and its employees, to determine the main areas of activity.

Order form

The Ministry of Labor of the Russian Federation has not developed a mandatory form of order for organizing labor protection at an enterprise. 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.

The following shows an approximate sample of an order on the organization of labor protection, which, if necessary, can be modified to suit the needs of a specific organization:

For example, an order on organizing labor protection in a preschool educational institution will have its own characteristics, since educators and teachers and the management of such an educational institution bear increased responsibility for children.

Also see “Sample order on the appointment of persons for labor protection”.

Read also

07.09.2017

Storage rules and regulations

The completed, drawn up and signed order must be placed in a folder along with other similar papers. Here it must be stored in accordance with the standards established for such documents by the company’s internal local regulatory documentation or by-laws for at least three years. After this period has expired, the form can be destroyed (also subject to a special procedure).

Labor safety orders are issued and stored in accordance with the general rules of document flow in the organization.

Such an order is usually understood as the main administrative document of an organization on a specific issue. It is issued on behalf of the manager as the first person from the management, and in his absence - a deputy appointed in the prescribed manner.

Orders are divided according to the following directions:

• by personnel;
• by main activity.

Labor safety orders are classified as those related to the main activities of the organization. That's why they are kept constantly.

Also see “OSHS Documents: List and Management of Them”.

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Labor protection in the interpretation of Russian legislation

Labor safety standards and requirements must be observed in any organization, regardless of its form of ownership and number of employees. Work safety standards are prescribed in the relevant state rules and regulations, federal laws and other legal acts.

The work of the state in the field of labor protection is based on the synchronized actions of all its participants - government authorities at the federal and local levels, employers, trade unions, etc.

In addition, the constituent entities of the Russian Federation regularly develop special programs aimed at making working conditions even safer and minimizing occupational risks.

All activities related to labor protection are quite energy-intensive. Therefore, it is logical that their implementation should be entrusted to specially trained employees. The number of such employees in a particular enterprise is determined by its staffing level and is regulated by Art. 217 Labor Code of the Russian Federation. Thus, if the number of employees at an enterprise does not exceed 50 people, the issue of creating a labor protection service remains on the conscience of the employer. In such organizations, this function can be performed by the manager himself or an individual entrepreneur, or by any other employee to whom the employer has assigned the corresponding responsibilities. If desired, the employer can attract a labor protection specialist from an external organization. When the staff number is over 50 people, the introduction of a position of occupational safety specialist or a corresponding service is already mandatory.

However, in any case, only employees who have undergone special training can engage in labor protection. The training procedure is regulated by the Procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations, approved by Resolution of the Ministry of Labor of Russia, Ministry of Education of Russia dated January 13, 2003 No. 1/29. Such training can be organized both within the organization itself and in special companies. Training must be conducted within the first month of hiring, and then at least once every 3 years, or as necessary.

Only organizations with special accreditation can be involved in providing services in the field of labor protection.

Regulatory documents for development

The regulations on SOT must be based on federal regulatory job documentation. The organization develops it based on the provisions:

• Constitution of the Russian Federation;
• Labor Code;
• Federal Law No. 181 (1999);
• GOST 12.0.002-80, which defines a system of occupational safety standards;
• GOST 12.0.006-2002, which sets out the basic requirements for the regulation of occupational safety and health, as amended.

According to clause 10, part 1, art. 46 of the Law on Education, teachers need to provide instruction and control the skills of applying knowledge in occupational safety. The regulations for their implementation are reflected in the order of the Ministry of Labor and the Ministry of Education No. 1/29 (2003).

Education

The stereotypical HSE Regulation is applicable to any organization. Its registration is optional, but a lot of companies use it in practice. The creation of a document facilitates the investigation of problem situations, helps to organize the details of the safety and comfort of workers, and regulates the conduct of training sessions and behavior in emergency circumstances.

What should be contained in the Regulations

The structure of the document includes:

• generalized positions explaining the main settings and the condensed essence of the document;
• strategy, principles and objectives of the employer in the field of labor protection;
• ensuring the activities of the SOT, where the official responsibilities of specialists are indicated;
• the procedure for ensuring protection (study and training regime, list of specialties, activities, possible threats);
• drawing up work plans, their modification and completion;
• verification and monitoring of activities assessing the level of PA implementation;
• long-term planning for improvements in this area;
• the procedure for responding to injuries, occupational diseases, providing assistance in an emergency and other similar situations;
• preparation of documents on occupational safety, indicating the principles of creation, methods of storage and application.

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