Agreement on labor protection - sample 2021, compliance verification report

What kind of document is the Labor Safety Agreement?

An agreement on labor protection is a legal form for planning and carrying out labor protection measures, indicating deadlines for implementation, sources of financing and those responsible for their implementation.

Since 1995, the Agreement on Labor Safety has been an independent legal document. However, the order of the Ministry of Labor dated March 25, 2013 canceled its legal status. However, the need to regulate the scope of labor protection has not disappeared, and this document has become part of the collective agreement, drawn up as an annex to it. If there is no collective agreement, it is recommended to conclude a labor protection agreement to protect the interests of both the employee and the employer.

Who develops the Occupational Safety and Health Agreement in the organization?

The development of the agreement and the corresponding section of the collective agreement is organized by the labor protection committee (commission) at the enterprise, institution, or organization.

The committee consists of representatives of the employer and the trade union on a parity basis. Representatives of the employer and elected representatives of the trade union are approved by order of the employer.

The Committee collects information and creates a data bank on the state of labor protection and life safety at an enterprise, institution, or organization.

If the organization does not have a labor protection commission, then the labor protection agreement is developed by a labor protection specialist. If the organization has less than 50 people and the staffing table does not include the position of a labor protection specialist, the function of ensuring labor protection is assumed by the manager or another employee authorized by the order.

How is compliance with the terms of the agreement verified?

Any internal act issued at the enterprise, after it comes into force, must be immediately accepted by an authorized employee, who, for the period of validity of the agreement, is obliged to monitor compliance with its requirements. The list of his actions includes the following important criteria to ensure the necessary checks:

Delegation of authority to other company employees to comply with all requirements of the agreement.
Periodic inspection of all technical systems by the engineering staff of the enterprise - fire alarms, signal panels, quality of electrical wiring and other equipment requiring special assessment.
Each immediate manager of the department must provide instructions before the start of the working day of his team, or a corresponding work permit is drawn up for a particular type of work activity, followed by providing a copy of it to the person responsible for labor protection.
If necessary, a working commission is created from employees of different departments to check working conditions and compliance with safety regulations during a certain period, most often once every quarter.

Attention! Each employee authorized for his area reports to the person who controls the execution of management’s orders on the results of his work, on the basis of which a general report is generated at the end of the year.

An authorized employee checks the serviceability of the equipment

Main sources of legal regulation Agreement on labor protection

Constitution of the Russian Federation. It enshrines the employee’s right to work in conditions that meet safety requirements and sanitary and hygienic standards.
Labor Code of the Russian Federation. The main priorities of the state labor protection policy are identified, the rights and responsibilities of employers and employees to comply with labor protection requirements are explained.
Federal Law of July 24, 1998 No. 125-FZ “On compulsory social insurance against accidents at work and occupational diseases.” Approved the mandatory nature of insurance against accidents during work, as well as for diseases caused by harmful working conditions.
Federal Law of March 30, 1999 No. 52 -FZ “On the sanitary and epidemiological welfare of the population.” Obliges the employer to organize regular medical examinations for employees, as well as to ensure the satisfactory condition of the workplace in terms of sanitary standards.
Order of the Ministry of Health and Social Development of the Russian Federation dated March 1, 2012 N 181n “On approval of the Standard List of measures annually implemented by the employer to improve working conditions and safety and reduce levels of occupational risks.” (Registered with the Ministry of Justice of the Russian Federation on March 19, 2012 N 23513). Recommends that employers have a list of measures to improve working conditions and safety and reduce levels of occupational risks.

Contents of the agreement

A labor protection agreement is, first of all, a set of measures aimed at achieving the safest working conditions for workers.

Therefore, the text of the agreement should include those labor protection measures that the parties to the agreement determined to be the most effective. Thus, the agreement includes the following groups of occupational safety measures:

organizational group, that is, a set of measures aimed at ensuring workplace safety. In particular, the following may be provided: inspections of workplaces, benefits for workers employed in certain areas of work, instructing workers on measures to ensure workplace safety, etc.;
technical group, that is, a set of measures to improve working conditions with the help of technologies that make it possible to reduce human exposure to harmful and dangerous working conditions. For example, the technical group may include measures to install fire and other alarms, replace outdated equipment, apply special markings to equipment, etc.;
individual protective group, that is, a set of measures aimed at ensuring the personal protection of the employee. These measures include the issuance of protective clothing, the issuance of special protective equipment (respirators, helmets, etc.);
treatment and prophylactic group, that is, a set of measures aimed at ensuring medical protection of the health of workers. As these measures, the contract may indicate the organization of a medical office at the enterprise, the organization of special meals for workers, etc.;
sanitary and living group, that is, a set of measures designed to provide workers with normal sanitary and living conditions. These measures may include the arrangement of rest rooms, showers, massage rooms, etc.;
fire safety group, that is, a set of measures aimed at preventing fires in the enterprise. Measures may be taken to install fire alarms, install fire stands, conduct fire safety training, etc.

What measures should be included in the Occupational Safety and Health Agreement?

Planning of occupational safety measures is aimed at preventing accidents at work, occupational risks and diseases, improving working conditions and safety, sanitary and welfare provision for workers.

Occupational safety measures are formalized by agreement, taking into account proposals from the Rostrudinspektsiya and other federal supervisory authorities, employers, employees in labor relations with employers, and other representative bodies authorized by employees. Proposals are made based on an analysis of the causes of industrial injuries and occupational diseases, based on the results of an examination of the technical condition of production equipment, as well as taking into account work on a special assessment of working conditions.

Based on these data, the committee (commission) develops an agreement on labor protection. Verifies the implementation of the activities of this agreement, the correct use and expenditure of funds specified in the agreement.

Procedure for preparing an agreement

The basis of any agreement is the negotiation process. Accordingly, in the process of preparing an agreement on labor protection, negotiations are carried out between the employer and the representative body of workers.

A special commission is being created to develop a draft agreement. The negotiation and preparatory process can last up to 3 months. If during this period the parties do not reach agreement, then the agreement will still be concluded, but on the terms on which agreement was reached. Regarding controversial issues, a protocol of disagreements must be drawn up.

In the future, there may be several options for action listed in Chapter 61 of the Labor Code of the Russian Federation, namely:

the parties will continue the negotiation process until a consensus is reached and draw up an additional agreement to the contract;
the parties apply to labor arbitration;
the parties organize a conciliation commission;
the parties engage a mediator;
A workers' strike is announced.

The labor protection agreement agreed and signed by the parties has a limited validity period of three years. In the future, the contract can be extended several times, but each time for a period of no more than 3 years.

Is it necessary to have an Occupational Safety and Health Agreement in an organization?

The State Labor Inspectorate asks for this document during inspections.

In accordance with Article 45 of the Labor Code of the Russian Federation, an agreement is a legal act regulating social and labor relations and establishing general principles for regulating related economic relations, concluded between authorized representatives of workers and employers at the federal, interregional, regional, sectoral (intersectoral) and territorial levels social partnership within their competence. The agreement may include mutual obligations of the parties on the following issues: wages; labor conditions and safety; work and rest schedules and other issues determined by the parties

For quite a long time in Russia, Resolution No. 11 of the Ministry of Labor of the Russian Federation of February 27, 1995 was in force, according to which the employer was recommended to conclude an agreement on labor protection with the organization representing the interests of the employee (most often a trade union). This agreement contained a list of measures aimed at improving labor safety, indicated the timing, cost of their implementation, as well as full name. and positions of employees responsible for the implementation of relevant activities.

Resolution No. 11 was canceled by order of the Ministry of Labor of the Russian Federation dated March 25, 2013 No. 15, and therefore such a legal category as an agreement on labor protection was excluded from the legal field. However, employers still have a practical need to conclude such agreements.

So, in accordance with the amendments to Art. 219 of the Labor Code of the Russian Federation, approved by Law No. 421-FZ of December 28, 2013, every employee working in harmful and dangerous conditions has the right to guarantees and compensation established by the Labor Code, collective agreement, agreement, or local regulations. In addition, in Art. 219 of the Labor Code of the Russian Federation establishes that an employee has the right to a workplace that meets labor protection requirements.

The specifics of providing certain guarantees and compensation to employees are regulated by the provisions of Art. 92, art. 117 and art. 147 Labor Code of the Russian Federation. Each of them states that the employer is obliged to provide employees with established guarantees and compensation in the manner established in the collective agreement, and in some cases in agreements.

Thus, the subjects of the labor protection agreement can be the employer, on the one hand, and the employees, or the organization representing their interests, on the other.

In addition, Order of the Ministry of Health and Social Development of the Russian Federation dated March 1, 2012 N 181n “On approval of the Standard List of measures annually implemented by the employer to improve working conditions and safety and reduce levels of occupational risks,” recommends that employers have a list of measures to improve working conditions and safety and reduce levels of occupational risks .

Order of the Ministry of Health and Social Development of the Russian Federation dated March 1, 2012 No. 181n On approval of the Standard List of measures annually implemented by the employer to improve labor safety conditions and reduce occupational risk levels

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Agreement as an additional agreement

There is another way to draw up a labor protection agreement. With this method, the contract is drawn up not as a separate document, but as an additional agreement to the collective labor contract, usually drawn up in the form of a table.

From the moment it is signed by the parties, this agreement is attached to the collective agreement and will henceforth be considered an integral part of it.

When choosing this method, you should remember that the collective labor agreement and the additional agreement to it on labor protection must be signed on the same day.

Plan approval

A prepared and properly developed draft plan to improve working conditions and safety is approved by all departments. Optionally, an act is drawn up with the participation of a trade union (this is not necessary, but is used in large companies).

When the plan is approved, it may be adjusted “on the spot”. After this, the action plan can be formalized as a section of a collective agreement or contract. All those responsible for its implementation are included in it. The plan is drawn up in a final document and signed by the manager. Then comes approval by order for the enterprise.

After it has gone through all stages of approval, large companies or at the request of a trade union may require its publication on the company website. For this, as well as for making ongoing changes, it is recommended to appoint a separate responsible person (this can be a manager).