In all organizations, the issue of labor protection will always be relevant. The employer is obliged to provide its employees with everything necessary for quality work and safety. Compliance with the rules requires constant and clear monitoring. For this purpose, a labor protection representative is appointed. The position has certain nuances in work. Therefore, to begin with, it is worth understanding all its features. This will help in the proper organization of working conditions.
Standards in the organization
Who is the Occupational Safety and Health Commissioner - standards of the Labor Code of the Russian Federation and legal regulation
Legislation takes labor protection quite seriously. The person appointed to this position monitors compliance with the rules and regulations established in this labor area and maintains certain documentation. Among the laws regulating this issue it is worth noting:
- Article 370 of the Labor Code. Contains principles allowing trade unions to monitor the work of managers on this issue;
- Resolution of the Ministry of Labor No. 30. Reflects recommendations for authorized persons and their responsibilities. It also regulates the work of specialists in the field of labor protection;
- Federal Law No. 10. Contains the basic rules and recommendations for the work of the trade union.
Important! A trade union representative is a person who provides control and supervision to ensure that legal requirements related to safety are met.
Results
The process of selecting and appointing an authorized representative in the field of labor protection at the enterprise will include the following actions by the employer:
- First, a formal position must be created by the person in charge. It indicates basic information regarding the rights and responsibilities that the specialist will have, as well as other important nuances.
- Next, the manager will need to convene a general meeting. Several candidates may be nominated and considered by employees. The decision that was made at the meeting must be recorded in the official minutes of the event.
- After official appointment, the authorized representative can begin his work. All his further activities must be carried out in strict accordance with established standards in the field of labor legislation.
Main tasks and functions of trusted and authorized persons for labor protection
Composition of the commission for testing knowledge on labor protection
The main tasks of such persons are:
- Assistance in creating safe working conditions that fully comply with existing standards;
- Monitoring compliance with laws and the interests of enterprise employees relating to labor protection;
- Representing the interests of employees in difficult disputes, protecting their rights;
- Conducting consultations for workers on labor protection.
Among the functions include mandatory, thorough and constant monitoring of compliance with established safety standards by the employer. The authorized representative participates in commissions, acting as a representative of employees. Such meetings are held on issues of safety of working conditions provided by the organization.
In addition, it monitors that the employer promptly reports any industrial emergencies that have occurred. Takes part in accident prevention activities, is a member of the emergency investigation commission on behalf of the trade union committee or trade union, and organizes first aid. Monitors compliance with all safety standards and reports possible violations to department heads.
What should a person in charge do?
Regulatory documents regulating the activities of authorized persons
The activities of authorized persons for labor protection are regulated by:
- Resolution of the Ministry of Labor of Russia “Recommendations for organizing the work of an authorized (trusted) person for labor protection of a trade union or work collective” dated 04.1994 No. 30.
- Labor Code of the Russian Federation.
- Federal Law “On Trade Unions, Rights, Guarantees of Their Activities”.
- Documents of the FNPR, industry trade unions and other trade union bodies. For example: Resolution of the Executive Committee of the FNPR dated September 26, 2007 N 4-6 “On Methodological Recommendations for organizing monitoring (monitoring) of the state of labor conditions and safety in the workplace by authorized (trusted) representatives of trade unions.” (
The Institute of Commissioners is created to organize public control over compliance with the legal rights and interests of workers in the field of labor protection in organizations of all forms of ownership, regardless of the scope of their economic activity, departmental affiliation and number of employees.
For the effective work of authorized persons for labor protection, on the basis of current regulatory and legal documents, the organization is developing a Regulation on the authorized person for labor protection of the organization.
Responsibilities of the occupational safety representative at the enterprise
Health and Safety Inspector
The responsibilities of such an employee arise from the functions and tasks assigned to him. He needs to monitor compliance with existing standards and participate in the work of the commission. She is also developing instructions for emergency prevention.
At the same time, the range of responsibilities may differ at different enterprises. This is only a recommendation list, some items of which the employer has the right to remove from the duties in his organization.
General provisions
1.1. These Regulations have been developed in accordance with the “Model Regulations on the Commissioner of the Trade Union Committee on Labor Safety”, approved by the Resolution of the Executive Committee of the General Council of the Federation of Independent Trade Unions of Russia dated May 30, 1996 No. 3-8. 1.2. The authorized representative of the trade union committee on labor protection is a representative of the trade union committee of the educational institution and constantly monitors the compliance of the head of the educational institution (employer) with legislative and other regulations on labor protection and safety. 1.3. The authorized representative of the trade union committee is elected by open vote from among the members of the trade union committee for the term of office of the elected trade union body by a simple majority of votes from those present. The authorized representative of the trade union committee on labor protection is elected to the joint committee (commission) on labor protection. 1.4. An employee who, by virtue of his position, is responsible for the state of the conditions and labor protection of an educational institution and the implementation of measures to prevent industrial injuries and occupational diseases cannot be elected as an authorized representative of the trade union committee on labor protection. 1.5. The employer (administration of the educational institution) and the trade union committee are obliged to ensure the election of an authorized trade union committee for labor protection in the educational institution. The trade union committee and the administration of the educational institution, state supervision and control bodies, technical labor inspection of trade unions provide the necessary assistance and support to the authorized trade union committee on labor protection in fulfilling the duties assigned to him. 1.6. The Occupational Safety and Health Commissioner works in close contact with the administration of the educational institution and with specialists from the occupational safety and health service. 1.7. The authorized representative of the trade union committee for labor protection is guided in his work by the Federal Law “On Trade Unions, Their Rights and Guarantees of Operations”, the Fundamentals of the Legislation of the Russian Federation on Labor Protection, the Law of the Russian Federation “On Environmental Protection”, rules and regulations on labor protection and environmental safety. 1.8. The representative of the trade union committee for labor protection periodically reports on his work at a trade union meeting or at a meeting of the trade union committee. By decision of the trade union meeting of an educational institution, the representative of the trade union committee on labor protection may be recalled before the expiration of his term of office if he does not fulfill the assigned functions or does not show the necessary demands for protecting the rights of workers to labor protection.
Organization of work, rights and responsibilities
Health and Safety Engineer
The responsibilities were mentioned above. It is worth understanding the rights of an employee in such a position. Among them:
- Receive data on the state of labor conditions at the enterprise and in a specific department;
- Demand that officials stop work if there is a risk of injury or an emergency;
- Make recommendations to improve the situation with working conditions and safety to managers;
- Contact the appropriate authorities and ask to hold accountable company employees whose actions resulted in violations in the field of labor protection.
The rights also include everything related to the employee’s duties, including participation in commissions, labor disputes, monitoring and verification of compliance with all standards.
Documentation
The Commissioner, in the course of carrying out his activities, complies with labor safety standards, the Regulations on the Commissioner for Labor Safety, resolutions of the workers' trade union body, collective agreement, and internal acts of the organization to ensure proper working conditions.
Typical provision
The standard provision on the commissioner was adopted by the FNPR.
This document was created in accordance with the provisions of Art. 370 of the Labor Code of the Russian Federation. Its key role is the formation of the main directions of work, powers and functions for labor protection, monitoring the implementation of labor protection norms and rules at the employer and in the organization in which trade union members work.
An enterprise may develop its own regulations that relate to the activities of a given person.
Sample of a standard provision on the Occupational Safety and Health Commissioner
Find out from our article how to flash occupational safety magazines. An example of a protocol for testing knowledge on labor protection can be found here.
Who is responsible for maintaining the OSH induction log? See here.
Instructions
In his work, the authorized person is guided by labor protection instructions. He also studies their implementation at a specific enterprise.
When violations are detected, labor protection trustees have the right to use the following options:
- put forward demands for the suspension of labor operations if, during their execution, the life or health of an employee is at risk;
- issue an order on the need to eliminate violations;
- contact the supervisory services with a proposal to hold the head of the enterprise accountable for non-compliance with labor protection requirements.
Who can be chosen at the enterprise
They can choose any employee of a particular organization, including trade union members. The main thing is that a candidate must first be nominated, and then he must win a majority of the working people's votes.
Important! The appointed person cannot be dismissed without consulting the union.
The selected employee will not report directly to the employer. Its leader will be the trade union organization in the first place.
It is possible that the commissioner will not be an employee of the company if the trade union approves his candidacy for this position.
Selecting a safety representative
How are elections of authorized trustees for labor protection carried out?
This position is elective. Therefore, it is worth understanding how the selection of authorized proxies for labor protection is carried out . The organization is carried out by a trade union or other organization representing the interests of workers.
Reference! If there are several representative departments in the company, then each of them has the right to apply for organizing elections and participating in them.
Elections are held within the framework of the general meeting of the company's employees. If the company is large, it is permissible to choose an authorized person for each structural unit.
Protocol of election
Elections must be accompanied by filling out a protocol. The following information is included in the document:
- Number of employees who participate in elections;
- Full name and position of the secretary and chairman of the meeting;
- The meeting agenda is noted;
- All votes are reflected in exact numbers. Be sure to note who is in favor, who voted against and who abstained.
Reference! There are no mandatory instructions on the number of authorized persons in the company. Therefore, their number is not limited. However, such restrictions may be specified in the company's internal regulations, which reflect the number of persons who can be appointed to this position.
For how long are public labor protection commissioners elected?
The Commissioner is elected for a maximum period of 2 years. The employee cannot hold this position any longer. An employee may also be removed from work ahead of schedule due to violations of rights or failure to fulfill duties. This can be done by a union representative.
Who heads the activities of labor protection commissioners
This position is regulated by a trade union representative and the head of the company. All employee actions must comply with the provisions that have been developed in the organization on this issue.
The administration of the enterprise is engaged in training the employee who has assumed the position and providing the necessary conditions for the high-quality performance of duties. The person elected must regularly report on his work to the assembly that elected him.
Order on the appointment of a labor protection commissioner (sample)
After election, an appointment order is issued. It is published by the head of the company. The document must contain the protocol number and information about taking office. The form of the order must be the same as other acts in the organization. After the order is issued, the authorized person gets acquainted with it and puts his signature as confirmation.
Sample order for the appointment of an occupational safety representative
general information
To protect the labor rights of employees, every enterprise must have a labor protection representative. The law provides that these duties can be performed by:
- inspector;
- Occupational Safety and Health Commissioner.
A trade union labor safety inspector must be a member of a trade union organization and be elected to this position by the employees of the enterprise. But the authorized person for labor protection is an employee of the enterprise, who is also elected by the work collective. The employees may not be union members. Thus, the labor protection commissioner is a representative of the labor collective.
Candidates for this position are elected by the workers' assembly. It can be initiated either by the elected body of the primary trade union organization or by the employees themselves. During the meeting, minutes must be kept, and after the elections, the management issues the appropriate order of appointment.
For some institutions, it is necessary to select several occupational safety representatives. For example, one of them may be elected as a representative from the workers, and the second – from the trade union. Their exact number must be recorded in the local acts of the organization. A candidate from the work team must undergo appropriate training and only after that begin his duties.
You should know for how long trustees are chosen. The minimum period for which an authorized labor protection officer is selected at the enterprise is 2 years. But the enterprise may set another period not exceeding the specified period. After this period, new elections are held, and the authorized employee can again be elected to this position, unless otherwise specified in local acts.
Note: authorized persons may be removed from office early due to failure to fulfill their duties. This procedure is carried out by a general meeting of workers.
Training of labor protection officers
The selected employee must undergo training. The employee must meet all existing legal requirements in the context of occupational safety and health. Without training, the appointee will not be able to perform his duties due to the lack of necessary knowledge to correctly assess each situation.
The selected employee is sent to a special training center that has the necessary permission. Training involves going through a specific program, just like in school. This could be a course on occupational safety and health in general or a narrow focus on a special program.
Important information! All training costs must be borne by the head of the enterprise.
Report on the work done by the commissioner
The appointed person reports to the manager and the trade union not verbally, but by filling out certain documents. One of them is a report on the work that has been done over a specified period. It is allowed to draw up this act in any form. It is only necessary that the information on the actions taken be reflected on paper in full.
An enterprise can independently develop a sample report and include it in the regulatory framework. The document must be completed at the end of the year. It is a reflection of the implementation of a previously drawn up plan. Then the authorized person must give the paper to the manager for review.
How should he document detected violations?
If violations are detected, they must be properly documented. Identifying violations of standards and preventing possible negative consequences are the direct responsibilities of the commissioner. He must also reflect in writing all shortcomings. The procedure and rules for preparing such documents are reflected in the company’s regulatory documents. It is these provisions that the commissioner must rely on when documenting violations.
This position should be present in every organization. The candidate is selected by the team, regardless of the purpose and form of the enterprise, including Russian Railways, preschool educational institutions and others. He must carry out his professional activities within the framework of established regulations. The election of an employee to this position can only be carried out by general vote. Any employee of the company has the right to be elected. His main responsibilities will include monitoring compliance with labor safety and health, preventing emergency situations, and making proposals to improve working conditions. Can be elected for a specified period. After this time has expired, a new meeting is held.
Occupational health and safety at school Instruction packages for schools and preschool educational institutions
A question received on our website: “Who is the Occupational Safety and Health Commissioner?
What functions does a labor safety representative perform at an enterprise? How many labor safety representatives can there be at an enterprise?” Answer: The Occupational Safety and Health Commissioner(s) are elected at the enterprise to organize public control over compliance with the legal rights and interests of workers in the field of labor protection.
Commissioners are elected by open voting at a general trade union meeting (conference) of the organization's employees for the term of office of the elected body of the primary trade union organization.
An employee (official) whose functional responsibilities include ensuring safe conditions and labor protection in the organization or its structural unit cannot be elected as an authorized person.
By participating in the labor process and being among the employees of their production unit, authorized persons can exercise constant control over employers’ compliance with legislative and other regulatory legal acts on labor protection, the state of labor protection, including monitoring the performance by employees of their duties in this area.
The functions of the labor protection commissioner are set out in the Recommendations for organizing the work of an authorized (trusted) person for labor protection of a trade union or work collective (approved by Resolution of the Ministry of Labor of the Russian Federation dated 04/08/1994 No. 30): 1. Monitoring compliance by employers with legislative and other regulations legal acts on labor protection, the state of labor protection, including control over the fulfillment by employees of their responsibilities to ensure labor protection, that is: compliance by employees with norms, rules and instructions on labor protection; the correct use of collective and individual protective equipment (using special clothing, special shoes and other personal protective equipment for their intended purpose and keeping them clean and tidy). 2. Participation in the work of commissions (as representatives of workers) to conduct inspections and surveys of the technical condition of buildings, structures, equipment, machines and mechanisms for compliance with their standards and rules on labor protection, the efficiency of ventilation systems, sanitary devices and sanitary household premises, means of collective and individual protection of workers and the development of measures to eliminate identified deficiencies. 3. Participation in the development of measures to prevent accidents at work and occupational diseases, and improve working conditions for workers. 4. Monitoring the timely notification by the head of the department (work) about industrial accidents that have occurred, compliance with standards on working time and rest time, provision of compensation and benefits for hard work and work with harmful or dangerous working conditions. 5. Participation in the organization of first aid (and after appropriate training, provision of first aid) to a victim of an industrial accident. 6. On behalf of the trade union body or other representative body of the labor collective - participation in the investigation of industrial accidents. 7. Informing employees of the unit in which they are authorized about identified violations of safety requirements during work, the state of conditions and labor protection at the enterprise (in their divisions), carrying out explanatory work in the workforce on labor protection issues.
Depending on the specific production conditions, several authorized representatives may be elected in a structural unit. The number, the procedure for their election and the term of office can be stipulated in a collective agreement or other other joint decision of the employer and the representative body of employees (clause 1.2 of the Recommendations).
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