Federal legislation in the field of labor protection is becoming tougher and tougher every year in relation to employers, forcing them to ensure maximum safety of their personnel.
On October 28, 2016, Order of the Ministry of Labor and Social Protection of the Russian Federation dated August 19, 2016 No. 438N “On approval of the Model Regulations on the Labor Safety Management System” came into force. Order No. 438 obliges each employer to develop a “Regulation on the occupational safety management system” in their organization.
If previously this Regulation was not mandatory, now there will be a fine for this in accordance with Art. 5.27.1 Code of Administrative Offenses of the Russian Federation. The fine for the absence of this document is 80,000 rubles!!! We offer our Customers a documentary, on-site AUDIT + OSMS Regulations.
Conduct a preliminary occupational safety assessment
The occupational safety specialist checks whether the enterprise:
- assessment of professional risks;
- special assessment of working conditions (SOUT – not to be confused with OSMS);
- recording of injuries and occupational diseases;
- all employees undergo instructions and training on labor protection;
- passing medical examinations;
- providing workers with personal protective equipment (PPE).
As you understand, all these directions must be implemented. And if there are gaps, then it is necessary to improve each direction as part of the implementation of the occupational safety management system in the organization.
Occupational safety management system in the organization
An occupational safety and health management system is a set of measures (documents, procedures, performance monitoring) aimed at reducing injuries in an organization and managing risks.
If you want to look at the definition in purely legislative language, Article 209 of the Labor Code of the Russian Federation will help you.
In other words, OSHS is the creation of comfortable and safe working conditions, caring for the health of workers through the promotion of labor protection in the organization not only among working personnel, but also among administrative and technical personnel.
Basis for the development of an OSMS
The development and implementation of an OSMS was introduced on the basis of Art. 212 of the Labor Code of the Russian Federation from January 1, 2014. And it makes no difference whether you have a large company with divisions in different cities or a small individual entrepreneur with a staff of three office workers - an occupational safety management system must be developed by all employers.
The only difference is in the procedure itself: the larger the organization, the more areas must be covered and documents developed, due to which the implementation of an occupational safety management system is more labor-intensive.
For example, for organizations with less than 15 employees, it is permissible to apply an OSMS in a simplified form. But why and why? We’ll look into this later in the article, but for now let’s talk about the goals.
OHS objectives
I know firsthand that many labor protection specialists are perplexed - why do we need an OSMS? After all, there is legislation, compliance with requirements, why repeat it?
The occupational safety management system, in fact, duplicates all legal requirements, combining them and bringing them together, but at the same time it improves them.
In addition, an OSMS allows you to monitor the ongoing functioning of areas, be it employee training, briefings, medical examinations or a special assessment of working conditions.
That is, if an OSMS has been developed, then you simply will not have the opportunity to miss anything in creating safe working conditions for workers. In addition, the system allows you to improve existing local regulations (LNA), thanks to which work with personnel will be more thorough.
In general, the system is aimed at ensuring that all employees of the enterprise initially treat the occupational safety specialist not as an annoying fly, but seriously - listening and fulfilling his requirements. Only after this will the attitude towards labor protection be more responsible.
An OHSMS also helps the employer demonstrate a high level of occupational safety culture, which gives him the opportunity to enter into contracts with large holdings (they really value preparedness in this area) and receive certificates of compliance with international standards (OHSAS).
I suggest watching a video in which I briefly explain how to avoid mistakes when developing documents on the occupational safety management system, and I will also leave a link to my YouTube channel, where you can learn a lot of useful information on occupational safety.
Who manages occupational safety and health in the organization
Management of occupational safety and health in an enterprise of up to 50 people rests with the employer or those who have been assigned the corresponding responsibilities by order. If the organization has more than 50 employees, then these powers belong to the occupational safety specialist.
The situation is the same with the OSMS. In this case, everyone must act together as a single mechanism, including the head of the organization that will finance this implementation 
But the key person responsible for the functioning of the occupational safety and health system is a labor protection specialist.
Timing of the OSMS
It’s worth mentioning right away about the timing of the OSMS, because this is a frequently asked question. The fact is that it is not regulated anywhere and, of course, depends only on the scale of your organization.
We talked above about the fact that you can apply an OSMS in a simplified form if your organization has a small number of employees. Let's tell you in more detail.
If an enterprise, say, has up to 50 employees, the implementation period may take, roughly speaking, a month, and if the staff is already more than 2000 and there are also divisions with different territorial locations, then, of course, the conversation will already be about several months, and maybe even year.
It all depends on the complexity of a particular enterprise and on the efficiency of the work of the labor protection service and department heads.
That is, if you have an individual entrepreneur with several employees, then a minimum package of documents is developed, for example, a regulation, a policy in the field of labor protection, perhaps a section on medical examinations and training, then look further as necessary. There is clearly no need to prepare a procedure for providing workers with milk and other therapeutic and preventive nutrition.
But the larger the organization, the more areas in each section (the number of which will also increase) should be covered. For example, in the Procedure for admitting personnel to perform work for which additional requirements are imposed, you can include all the nuances required of an applicant for a vacant position - what qualifications and admission groups should be, what length of work experience, and so on.
You can develop a kind of matrix that indicates all the positions of the enterprise and the requirements for them. And, naturally, such implementations and know-how must be agreed upon with personnel, the trade union and the employer, but it is worth it. Although you will have to work hard.
Keep in mind that if an inspector comes to check or an accident occurs, the lack of an OSMS will immediately be revealed.
Distribute occupational safety responsibilities
The distribution of responsibilities in the field of labor protection between officials in a standard situation is called ensuring the functioning of the OSMS .
Document the duties and powers of each employee within the OSMS in local regulations and employment contracts. If this is not done, all responsibility will fall solely on the occupational safety specialist.
Make a list of all labor safety responsibilities of the enterprise, and distribute responsibilities by area of activity.
Issue an order to those responsible at each level of management. The HR officer is responsible for training in occupational safety and health, heads of structural departments are responsible for risk management at their sites, auditors are responsible for checking the occupational safety and health system at the enterprise, authorized persons are responsible for planning measures to improve the safety and health system, employees are for fulfilling occupational safety requirements and proposals for improving the occupational safety and health system. .
The labor protection specialist is responsible only for coordinating and monitoring the implementation of labor protection work (see the professional standard of the labor protection specialist).
According to Art. 212 of the Labor Code of the Russian Federation, in general, the employer is responsible for organizing work. In turn, the employer distributes these labor protection responsibilities among services in accordance with the organizational level.
The levels of management can be considered the level of the production team, the level of the production site, workshop, branch, service or employer as a whole.
Therefore, the occupational safety specialist, together with senior employees, needs to outline the responsibilities for occupational safety for the heads of structural units at the relevant levels, and for the workers themselves.
Each head of a structural unit must be responsible for the safety of his employees!
Results
The regulation on the labor protection system at the enterprise is a document that, in accordance with GOST standards, all Russian employers must have. Since its recommended form has not been approved at the moment, the enterprise must develop this document independently. The structure of the regulation on the labor protection system proposed by our experts is based on the practice of modern personnel management and reflects the basic requirements of the regulatory GOST.
You can familiarize yourself with other aspects of ensuring occupational safety at an enterprise in the following articles:
- “Frequency of testing knowledge on labor protection (nuances)”;
- “How is introductory training on labor protection carried out?”
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
Develop a labor safety policy
The occupational safety policy is the most important local document in which the organization declares what activities it will take as part of the continuous improvement of the occupational safety system.
The policy is an integral part of the OSMS, therefore it is drawn up as a section of the OSMS regulations or as a separate local regulatory act.
In the policy, the organization indicates its goals in the field of occupational safety and health and what obligations it undertakes to achieve these goals.
Section 5: Employee Training and Instruction
This section of the document can include language that reflects:
- the fact that all employees of the company hired must undergo training in labor safety programs, as well as the necessary instructions;
- the essence of briefings conducted in the organization;
- how training and instruction should be conducted;
- what standards does the enterprise follow when organizing employee training on labor safety programs, as well as when conducting briefings;
- who exactly approves training and instruction programs, and also carries out relevant activities;
- an indication that upon completion of each training program or instruction on labor protection, the knowledge acquired by employees is tested;
- an indication that training and instruction programs are conducted in accordance with the company’s local regulations;
- frequency of review of training programs and instructions adopted by the company, as well as local regulations that govern their implementation.
Establish procedures aimed at achieving occupational safety and health goals
In order to achieve all our goals, it is necessary to describe in detail what procedures we will do for this. Carry out and establish in the organization’s OSMS regulations the following mandatory procedures:
- procedure for training workers on labor protection in accordance with Regulation 1/29 and GOST 12.0.004-2015. For these purposes, develop:
- a document in the form of a plate for each profession, which types of training a particular specialist should undergo; — a list of professions and positions of specialists who undergo internship in labor protection, indicating its duration for each profession; — lists of professions and positions of employees undergoing training at the training center and with the employer; — list of employees exempt from initial training; — a list of employees responsible for conducting workplace briefings; — questions included in labor safety briefings; — questions included in training and testing knowledge of labor protection requirements within the organization; — order to organize assistance to victims; — the procedure for organizing and conducting labor safety briefings.
- procedure for organizing and conducting a special assessment of working conditions taking into account Law 426-FZ;
- professional risk management procedure;
- the procedure for conducting medical examinations, psychiatric examinations, etc. in accordance with Order No. 302n;
- the procedure for informing workers about working conditions at their workplaces, levels of professional risks, as well as about the guarantees provided to them and the compensation they are entitled to;
- procedure for ensuring optimal work and rest conditions for employees (described in employment contracts, internal regulations, etc.);
- the procedure for providing workers with personal and collective protective equipment, flushing and neutralizing agents on the basis of Order of the Ministry of Health 290n;
- the procedure for providing workers with milk and other equivalent food products on the basis of Order of the Ministry of Health 45n;
- procedure for the safe execution of contract work and the supply of safe products.
Mandatory elements of an OSMS for small enterprises
Let's figure out which procedures and provisions cannot be excluded from the OSMS for small enterprises under any circumstances:
- Regulations on the labor protection management system
. Being the central element of the OSMS, the regulation connects all parts of the system into a smoothly working mechanism. - The employer's policy in the field of labor protection
, including the goals and objectives of labor protection, plays a strategically important role in the system, regardless of the size of the enterprise. - Training of workers on labor protection
. It doesn’t matter whether your enterprise is large or small, according to Art. 225 of the Labor Code of the Russian Federation, “... all employees, including heads of organizations, as well as employers - individual entrepreneurs, are required to undergo training in labor protection and testing of knowledge of labor protection requirements in the prescribed manner. - Professional risk management
.
As a rule, risk is present in every workplace, be it a welder or an office manager. Proper management of professional risks will help reduce them. Therefore, we recommend including this procedure in the OSMS for small enterprises . - Informing workers about working conditions
. The presence of this procedure meets the requirements of labor legislation to provide workers with comprehensive information about working conditions at their workplaces. The development of this procedure is also not determined by the size of the organization. - Planning activities for the implementation of system procedures
. As we explained earlier, for small businesses there are also mandatory labor protection measures. This means they should be planned, and this procedure is intended to describe the procedure for this planning. - Response to accidents and incidents
. Unfortunately, not all professional risks can be avoided. When an accident occurs, correct and coordinated actions should always be taken, regardless of the size of the enterprise, in order to avoid undesirable consequences. - Monitoring the functioning of the system, planning its improvements and managing its documents
. The system, like a living organism, requires regular development and updating. To this end, even a small enterprise should determine how often it will be checked for compliance with standards (and whether it will be at all), how often the legal, regulatory and technical framework will be updated, and how changes in the system will be recorded.
Organize control over the functioning of the OSMS and monitoring the implementation of procedures
Monitoring the functioning of the occupational safety and health management system at the enterprise allows you to receive feedback from employees to find out how effectively the occupational safety management system is maintained in the organization. And also to identify shortcomings in the field of labor protection for their subsequent elimination.
In essence, labor protection control is a continuous process. It is carried out both on an ongoing basis (monitoring your workplace) and periodically (risk assessment, training, in case of an accident, etc.)
Control must be consistent with levels. Therefore, after launching an OSMS in the organization, carry out three-stage labor protection control. It can be carried out by a labor protection specialist together with a trade union organization and authorized persons.
Discuss the results of control with employees, and based on the results, draw up a corresponding report, which will include an analysis of the effectiveness of the OSMS.
Functions
The system must have a number of functions that must be taken into account during its development, implementation and improvement:
- assessment of health indicators;
- planning activities and work in the field of occupational safety;
- organization of events and their coordination;
- development, implementation and keeping up to date regulatory documents on labor protection;
- organizing training for occupational safety specialists or responsible employees of the organization, with periodic testing of knowledge;
- control over the state of occupational safety and the activities of services whose work in the organization is aimed at organizing relevant activities;
- keeping records and analysis of current working conditions, causes of industrial accidents associated with injuries, occupational diseases;
- organizing work to conduct investigations into cases of industrial injuries;
- providing measures to stimulate and finance all necessary work in the field of labor protection.
Plan OHS improvements
Planning for improvements in the functioning of the OSMS takes place at least once a year.
Important requirements for the effective functioning of the Occupational Health and Safety Management System at the enterprise are specified in GOST 12.0.230.2-2015 “Occupational Safety and Health Management Systems”.
To assess the effectiveness of the occupational safety and health system, use all possible information in the field of occupational safety and health at your enterprise (reports of audits of occupational safety and health systems, accidents, occupational diseases, instructions for inspections by the labor inspectorate, analytical reviews of the industry, the experience of other organizations, etc.).
Based on the results of the analysis of the effectiveness of the occupational safety and health management system, draw up a report in which you plan measures to improve the occupational safety management system.
Stages of implementation of an OSMS
The main document on the organization and functioning of the OSMS in an organization is the Regulations. It can be developed either by the relevant employer service or by third-party organizations. A preliminary analysis of the state of labor protection in the organization is carried out, the policy is discussed, and then the parameters of the task for drawing up an OSMS are set.
The creation and implementation of the system can be divided into six stages:
- Definition of occupational safety goals.
Priorities and goals are formulated that will be relevant specifically for your organization, taking into account the specifics of the work.
- Analysis of activities in the field of labor protection.
A list of all necessary occupational safety measures is compiled. For example, the need to conduct periodic medical examinations, organize internships, issue personal protective equipment, etc. is established. This list will become the basis of the OSMS.
- Distribution of responsibilities for occupational safety.
A specific list of employees who will be responsible for carrying out each of the activities is determined. In this case, you can only indicate positions and their affiliation with the structural unit.
- Identification of risks when employees perform their job duties.
- Formulation and preparation of OSH procedures.
Based on the list of activities and standard regulations, it is necessary to develop your own OSH procedures that are most accurately applicable to a particular employer. They must be comprehensive and cover all activities of the organization.
- Ensuring continuous and regular improvement of the management system.
Continuous improvement of standards in the field of labor protection requires updating of relevant documents. Therefore, those responsible for the creation, implementation and updating of the system must monitor not only what is new in legislation, but also changes in working conditions, the introduction of new technologies in order to keep occupational safety documents up to date.
If there is a primary trade union cell in the organization, its representatives must be familiarized with the document. It is welcomed when they take an active part in the creation of the document and its changes, and also monitor compliance with all standards in the field of labor protection.
OSMS must be approved by order signed by the head of the organization.
Set up document flow according to the OSMS
In order to organize the document flow on OSHS in an organization, we are guided by Order 77 “Methodological recommendations of OSHS”. The rules indicate that persons responsible for the development of labor protection documents are determined at all levels of management.
Determine the rules by which documents are developed, their approval, approval, revision, and storage periods.
Maintain a database of OSMS documents, both in paper and electronic form. Organize them into folders for easy searching.
The procedure for developing and approving occupational safety instructions
Firstly, instructions are developed both for professions separately and for different types of work. Secondly, the instructions include several sections. Basic:
- General requirements for labor protection;
- Instructions before starting work;
- Instructions during production;
- Instructions after completion of work;
- Measures to take in the event of threats and emergency situations.
Note ! OHS is a legal activity that provides comfortable and safe working conditions and a social environment. The commission deals with hygienic and sanitary conditions, working conditions, ensuring checks for the serviceability of equipment and minimizing hazards.
What will the GIT check according to the OSMS?
During scheduled inspections of organizations, the inspector is guided by the GIT checklists. To check the occupational safety management system, there is checklist No. 31.
This sheet contains only two points: “The inspector must check the presence in the organization of a regulation on the occupational safety management system (OSMS), approved by the order, and the presence of a policy in the field of occupational safety.”
During unscheduled inspections in connection with accidents, the inspector is guided by Order of Rostrud 77 dated March 21, 2019 “Methodological recommendations for OSMS”. The inspector will analyze the organization's OSHS documents and workplace conditions for compliance with the standard OSHS regulations. Accordingly, the work will be checked according to special assessments and pro-free discounts.
Everything that the inspector will check is indicated in the flowchart of Rostrud Order 77:
What are the penalties for failure to provide an OSMS?
According to Article 212 of the Labor Code of the Russian Federation, the employer is obliged to ensure the functioning of the occupational safety and health management system (OSMS) at his enterprise. For failure to comply with these requirements, the organization may be subject to fines in accordance with Article 5.27.1 of the Administrative Code.
At the same time, fines under the OSHA can be imposed for the same event. For example, if the regulation on the occupational safety management system in an organization does not have a section on the provision of personal protective equipment, then the organization may be fined in accordance with Part 1 of Article 5.27.1 of the Administrative Code. And if employees are not provided with PPE, then the fine will correspond to Part 4 of Article 5.27.1 of the Code of Administrative Offences.
Amount of fines under Part 1 of Article 5.27.1 of the Code of Administrative Offenses:
- for an official – up to 5,000 rubles;
- for an organization – up to 80,000 rubles.
Under Part 4 of Article 5.27.1 of the Administrative Code:
- for an official – up to 30,000 rubles;
- for an organization – up to 150,000 rubles.
