Occupational safety – what is it? Basic rules, features of training

Occupational safety is a wide range of laws that provide for responsibility and control over the organization and the protection of working citizens.

This is also a system of laws related to technical, economic, social, organizational, treatment and preventive, hygienic aspects that ensure the protection and safety of the rights of working citizens.

The issue of implementing labor protection is discussed in section No. 10 of the Labor Code, in several of its chapters (33-36). Each of them looks at a different aspect of this area. It should be noted that each working citizen should have an idea of his legal capabilities and obligations, therefore the section on labor protection should primarily be of interest to workers.

Occupational safety – what is it?

General labor protection provisions (hereinafter referred to as OSH) consist of several articles.

Concept of OT (Article 209)

This article deciphers the various concepts associated with OT in any of the existing organizations.

Types of concepts used in articles on labor protection	Explanation of terms
Occupational safety (OHS)	The general concept of this meaning is to describe the system of preserving the health and life of citizens in the process of performing their labor functions. The system includes social, legal, economic, organizational, technical, treatment and preventive, sanitary and hygienic, rehabilitation and other measures.
Working conditions (WT)	A complex of factors consisting of the labor process, the production environment, which directly affects the health and performance of a working citizen.
Harmful production factor (HPF)	A factor that negatively affects human health, leading to various diseases.
Hazardous production factor (OPF)	Factor leading to industrial injuries of varying severity
Safe working conditions (SWC)	Working conditions under which the negative impact of hazardous and harmful factors on the health of workers is excluded or they are within the limits of established standards.
Workplace (WP)	The place where the employee performs his direct functions or to which he must arrive to perform certain work. RM is indirectly or directly under the control of the head of the organization.
Personal and collective protective equipment for workers (SI and KZR)	Technical and other means used to reduce or completely prevent the influence of hazardous and harmful production factors on the health of workers, as well as to protect the environment from pollution.
Occupational Safety and Health Management System (OSMS)	Activities that define the goals and policies of labor protection and procedures for achieving set goals at a particular enterprise. OSH system standards are approved by federal and other executive authorities. In this case, the opinion of the tripartite commission on the normalization of labor and social relations is taken into account.
Production activities (PD)	The actions of an employee using means of labor intended to transform resources or raw materials into finished products are the production of various products, construction, and the provision of various types of services.
Occupational safety requirements (OSH)	State standard requirements for occupational health and safety, expressed in instructions and rules for occupational safety.
State examination of labor protection (SEOT)	State standards for the assessment of a specific object, for which an examination is carried out for compliance with established requirements.
Occupational Safety and Health Standards (OSS)	Labor standards include standards, rules and procedures that are aimed at protecting the health and life of working citizens in the process of performing their labor functions, as well as regulatory organizational, social, economic, treatment and preventive, sanitary and hygienic and rehabilitation measures in labor protection.
Occupational risk (PR)	This is the possibility of harm to an employee’s health as a result of the influence of dangerous or harmful production factors on him during the period the citizen performs his immediate duties, specified by the TD. The assessment of occupational risk is determined in accordance with the standards established at the federal level, as well as taking into account the opinion of the tripartite commission for the regulation of labor and social relations.
Occupational Risk Management (OPR)	A set of measures combined into a system that includes the identification, assessment, reduction or elimination of professional risks.

Labor protection at any enterprise should work both at the level of the entire organization and in relation to each working citizen

Concept of labor protection

What is labor protection at an enterprise and why is it needed is stated in Article 209 of the Labor Code.

Occupational safety in Russia is a system or set of measures aimed at protecting the health of an employee during his work activity. The main occupational safety measures can be divided into five groups:

legal (documentation);
socio-economic (compulsory insurance of employees, payment of compensation, provision of benefits, etc.);
organizational and technical (special assessment of working conditions in the workplace, personnel optimization, etc.);
sanitary and hygienic (providing workers with special clothing, footwear and other protective equipment).
preventive (medical examinations of employees, creation of a system of sports rehabilitation for employees).

Thus, labor protection includes a set of measures aimed at creating safe working conditions for employees and the enterprise as a whole.

State policy on occupational safety (Article 210)

The main factors of state policy on occupational safety include the following:

priority direction is the preservation of the health and life of working citizens;
adoption and implementation of laws and legal acts at the federal and regional levels that improve the situation in the field of labor protection;
state regulation of occupational safety;
federal control over compliance with technical requirements and legal acts regulating occupational safety standards, which include a system of measures, including an audit for compliance with the requirements established by the state (Federal Law No. 242-FZ of July 18, 2011);
state examination of created UT;

The priority area in occupational safety is the safety of the health and lives of employees

organization of special assessments of technical equipment and examination of their quality (Federal Law No. 421-FZ of December 28, 2013);
mandatory assistance in conducting public control over the organization and observance of the interests and rights of workers in occupational safety;
preventive measures to prevent the occurrence of accidents and their recording, as well as occupational diseases at work;
protection and observance of the rights of workers injured as a result of occupational diseases or accidents, with the help of compulsory insurance, in the event of the above-mentioned circumstances;
G&C for workers performing work functions in harmful and dangerous conditions (Federal Law No. 421-FZ of December 28, 2013);
combining occupational safety and environmental protection, as well as social and economic activities (Federal Law No. 309-FZ of December 30, 2008);
improving the quality of occupational safety, taking into account domestic and foreign developments;
financing of health protection activities by the state;
training of personnel supervising occupational safety, as well as improving their qualifications (Federal Law No. 185-FZ of July 2, 2013);
statistical reporting of the organization on the created working conditions, cases of injury, the occurrence of occupational diseases, as well as material payments;
creation and operation of a unified OT information system;
cooperation with other countries to exchange experience in occupational safety;

Providing workers with the necessary personal items and tools that will improve the occupational safety situation

creation of an effective tax policy that will become an incentive to organize safe work, taking into account the development and use of technology and equipment, as well as the personal and general protection of enterprise employees;
organization of providing working citizens with modern means of personal and collective protection; in addition, at the expense of the enterprise, premises for sanitary and domestic needs must be equipped, which are equipped with therapeutic and preventive means (Federal Law No. 90-FZ of June 30, 2006).

Management of enterprises, especially those where hazardous working conditions may arise, must protect workers as much as possible by purchasing high-quality personal protective equipment for them.

The implementation of state policy on occupational safety should involve the government bodies of the Russian Federation, regional leadership, local authorities, trade unions, as well as representatives of teams participating in the organization of occupational safety.

Chapter 34 of the document defines occupational safety requirements; it also consists of narrowly focused articles that stipulate established standards for the production area.

OT regulatory requirements (Article 211)

The labor safety standards established by the state are mandatory for all heads of organizations, regardless of the number of employees they employ and what type of work they perform (Federal Law No. 90-FZ of June 30, 2006).

Important! Changes, additions, as well as the development of individual chapters of documents related to occupational safety requirements, have the right to be made only by the Government of the Russian Federation, which takes into account the opinion of the tripartite commission regulating social and labor relations (FZ No. 206-FZ dated July 24, 2009 and No. 90-FZ dated June 30 .2006).

OSH regulations must be followed by all employers

Obligations of the manager to ensure conditions of labor protection (Article 212)

All obligations to ensure occupational safety conditions are primarily assigned to the head of the organization (Federal Law No. 90-FZ of June 30, 2006).

His responsibilities include ensuring the following factors:

safe operation by working citizens of structures and buildings, technological equipment, as well as hand tools, materials and raw materials;
organization of an occupational safety management system (Federal Law No. 421-FZ dated December 28, 2013);
use only personal and collective protective equipment that, in accordance with the laws of the Russian Federation, has been declared and certified (Federal Law No. 313-FZ of December 30, 2008);
For each of the workplaces, the manager is obliged to provide occupational safety conditions that will comply with established requirements and standards;
Labor protection also includes work and rest regimes for working citizens, which are stipulated by the Labor Code and other regulations governing labor law;
the employer provides workers at the expense of the enterprise with special shoes and clothing, personal protective equipment, neutralizing and flushing substances that have been declared and (or) certified in accordance with the standards of the Russian Federation, which is extremely important for citizens performing work that involves high pollution or special temperature conditions (Federal Law No. 313-FZ dated December 30, 2008 and No. 90-FZ dated June 30, 2006);
in addition, also at the expense of the organization’s management, training is provided in safe techniques and methods for performing assigned work, providing the necessary first aid to victims while working at work, testing occupational safety knowledge, on-site internships, and occupational safety instruction;
impossibility of admitting to work persons who have not undergone instruction, training and other occupational safety measures;
control over the working conditions of the organization’s employees, as well as their appropriate use of personal and collective protective equipment, must be carried out by management and an independent commission (Federal Law No. 421-FZ dated December 28, 2013);

Medical examination is a mandatory procedure for each employee, for which the employer must allocate one paid day

if the legislation of the Russian Federation provides for this, then the employer, at the expense of the organization, ensures that before hiring a citizen for work, as well as during his work activity, a medical examination and psychiatric examinations; for the period of these events, the employee retains his position and average salary (Federal Law No. 353-FZ dated November 25, 2013 and No. 90-FZ dated June 30, 2006);
the impossibility of allowing employees to perform their direct duties without a medical and psychiatric examination, as well as in case of medical contraindications (Federal Law No. 317-FZ of November 25, 2013 and No. 90-FZ of June 30, 2006);
management’s responsibilities also include mandatory informing citizens about occupational safety, about possible risks of harm to their health, about health and safety, as well as personal protective equipment;
supervision (control) of compliance with occupational safety rules is carried out by executive authorities involved in the area of occupational safety, as well as trade unions (Federal Law No. 122-FZ of June 30, 2006 and No. 90-FZ of June 30, 2006);

The training cycle on occupational safety for citizens working in hazardous industries may include the process of providing first aid in the event of an emergency.

management must take measures to prevent accidents and ensure maximum preservation of the health and lives of working citizens;
If an accident occurs, the employer must conduct an investigation;
employees must be provided with sanitary and medical care, and also if an employee becomes ill while performing work, he must be transported to a medical facility. organizing and providing him with all necessary assistance;

If necessary, the person should be provided with medical assistance

the head of the organization is obliged to provide access to authorized persons to supervise the implementation of the labor safety standards established by law;
mandatory compliance with all instructions that are left to the employer after the inspection by persons authorized in the field of occupational safety;
It is mandatory to insure employees against occupational diseases and accidents;
when citizens enter work, the need to familiarize them with occupational safety requirements;
authorized persons of the enterprise, based on regulatory documents and taking into account the specifics of the work process, develop rules and approve them, taking into account the opinion of the enterprise's trade unions.

Control over compliance with occupational safety at the enterprise is carried out by authorized bodies, which, after completing the survey, draw up a corresponding act

Labor safety rules and regulations

The employer needs to fix the rules and regulations of labor protection at the enterprise. To do this, first of all, you should:

systematize shortcomings in the field of worker safety identified during inspections;
establish irrelevant labor safety standards;
evaluate the effectiveness of existing rules.

Then it is necessary to draw up and approve a regulation on labor protection. That is, a document that specifies the basic rules of labor protection at the enterprise. To prevent the labor protection provision from becoming cumbersome, do not include in it general labor protection rules that are expressly provided for by law. For example, the provision of free protective clothing and milk to workers in hazardous industries.

It is also possible to include in a separate safety regulation the rules for conducting labor safety briefings and testing the knowledge acquired by employees, and make separate safety instructions for each department.

Medical examinations for certain categories of workers (Article 213)

To prevent the occurrence of occupational diseases among citizens at enterprises with harmful and dangerous production, as well as for persons working in transport, it is necessary to undergo mandatory medical examinations upon entering the organization and during the work process. Persons under 21 years of age are required to undergo a medical examination annually (Federal Law No. 317-FZ of December 28, 2013, No. 122-FZ of August 22, 2004).

Workers who are constantly in contact with a large number of people or with food and drinking water (teaching, medical workers, as well as workers in catering, trade, food industry and water supply organizations) are required to undergo a medical examination in order to preserve not only their own health, but also those with whom he is in direct contact, and the non-spread of various diseases.

Important! Some categories of professions require daily or shift medical checks, since the health and lives of the citizens around them depend on the health of citizens performing certain functions. This category mainly includes transport workers. The passage of such medical examinations is included in the employee’s working day or shift (Federal Law No. 317-FZ of November 25, 2013 and No. 353-FZ of November 30, 2011).

Periodic medical examinations for employees of different organizations are carried out at different time periods, which depend on the nature of the work performed.

Citizens working in organizations with dangerous or harmful conditions undergo a medical examination before entering work and then periodically during the work process. The procedure and period for undergoing inspections is determined by the Government of the Russian Federation (Federal Law No. 317-FZ Part 4 of November 25, 2013).

For some categories of professions, the medical examination provides for chemical and toxicological examinations to determine the presence of psychotropic, narcotic drugs, as well as their metabolites in the body (Federal Law No. 230-FZ Part 4 of July 13, 2015).

Employees performing functions on various types of transport undergo a medical examination before each working day or before the start of each shift.

Citizens working in production areas with increased danger, as well as where hazardous substances are used, are required to undergo a psychiatric examination once every five years, at least (Federal Law No. 160-FZ of July 23, 2008).

Important! All of the above inspections and certifications are carried out at the expense of the organization (Federal Law No. 317-FZ of November 25, 2013 and No. 122-FZ of August 22, 2004).

Responsibilities of a working citizen in labor protection (Article 214)

Not only the head of the organization must ensure that all factors related to occupational safety are properly organized at the enterprise, but also the employee himself, for the sake of his own safety, must comply with the established norms and rules (Federal Law No. 90-FZ of June 30, 2006):

correct use of personal and collective protective equipment will significantly reduce the risk of injury when performing certain work;
care is important in teaching how to safely perform work functions, as well as providing assistance to workers who have been injured at work;

Before starting to perform their duties, enterprise employees must undergo training in which they learn how to behave in emergency situations, as well as how to provide first aid to victims

in the event of circumstances arising at the workplace that may threaten health and life, the employee is obliged to immediately notify management of the situation;
if an accident occurred at the enterprise or the health of one or more employees deteriorated during work, signs of poisoning or an occupational disease appeared - this should also be immediately reported to the head of the organization;

The employee himself should be primarily interested in undergoing a medical examination, since this allows him to undergo examinations by primary doctors without paying

the need to undergo preliminary, periodic, as well as extraordinary medical examinations, carried out in the direction of the head of the organization and provided for by a number of legislative acts.

The following article No. 215 can be called a guide for employers on choosing quality equipment, safe chemicals, items for personal protection of workers, etc.

Article 215 of the Labor Code of the Russian Federation

Chapter 35 of the document, dedicated to occupational safety, stipulates various aspects of government interaction with employers and occupational safety management.

Main conclusions

Many believe that the concept of labor protection is a huge pile of rules, laws and regulations that are only implemented on paper, at best, because if you implement them in life and really care about the life and health of personnel, then the main work will be stalled.

Only those managers who do not want to overburden themselves with unnecessary responsibilities and tasks, such as filling out logs and drawing up instructions, think this way. But it’s worth considering that labor protection was not invented because of additional bureaucratic delays, but so that workers return home safe and healthy every day.

And the allocation of certain funds from the budget for the requirements of Labor legislation in terms of labor protection will help protect against the costs of restoring equipment and other property of the organization that was damaged due to unsafe actions of workers.

This is where I’ll end this article-reasoning. If you want to express your thoughts on this matter, tell me what the attitude towards labor protection is in your organization, please join me in the comments.

I wish you safe and efficient work!

State regulation of occupational safety (Article 216)

The Government of the Russian Federation is responsible for the management of occupational safety and health. Under his leadership, regulations are formed by other bodies at the federal and regional levels.

Federal bodies authorized to make decisions on aspects of occupational safety must coordinate them with controlled bodies, as well as with executive federal bodies that regulate legal issues in the field of occupational safety.

Important! In some cases, PA management powers are transferred to local authorities, which must operate within the framework of established laws.

Executive federal bodies are authorized to carry out the following actions:

development of regulations that define the fundamentals of occupational safety policy;
development of targeted programs aimed at improving safety conditions and other areas of occupational safety;

The development of general rules and projects to improve occupational safety conditions is coordinated with trade union organizations of the Russian Federation

exercising control over the implementation of standards and developed programs;
regulation of the procedure for conducting occupational safety training for all employees of the enterprise, including employers and managers;
after completion of training - implementation of internships in the workplace, provision of medical services. help, etc.;
conducting state examinations and special assessments of working conditions (Federal Law No. 421-FZ of December 28, 2013);
establishing economic measures that will provide an incentive for employers to provide workers with safe working conditions;
interaction between higher and lower bodies, trade union organizations on occupational safety issues;
carrying out coordination activities on research work, as well as introducing advanced developments and successful experience in improving various areas of occupational safety;
organizing and maintaining cooperation on an international scale in occupational safety.

The organization of training courses in various occupational safety methods locally or in special organizations, as well as control over these processes are carried out by local authorized bodies

Bodies regulating occupational safety at the regional level are authorized to:

implement programs to improve health protection in the territories of constituent entities of the Russian Federation;
develop and implement targeted programs and monitor their implementation at the regional level;
organize training courses on occupational safety for workers, individual entrepreneurs, and officials at enterprises of the constituent entities of the Russian Federation;
collect information and process it about the created working conditions at different enterprises;
In addition to the above actions, authorized organizations carry out other activities related to occupational safety.

State examination of occupational safety conditions (Article 216.1.)

An examination of the workplace and the work facilities created on it is carried out by federal executive bodies, which have the right to supervise compliance with technical requirements and other legislative acts designed to create comfortable conditions from a safety point of view for working citizens (Federal Law No. 160-FZ of July 23, 2008 and No. 242-FZ dated July 18, 2011)

Persons authorized to conduct the examination must be allowed into the required premises, and they must be provided with all the necessary documents

If persons authorized by the organization in which the inspection is planned do not provide documentation, as well as other materials for conducting the state examination, then the commission conducting this procedure has the right to request the necessary documentation independently from the management of the enterprise, as well as from other organizations of local and of regional significance, if they have the necessary documents at their disposal (Federal Law No. 169-FZ Part 2 of 07/01/2011).

The examination by authorized bodies is carried out in order to assess the following factors and is stipulated by Federal Law No. 421-FZ of December 28, 2013:

definition of special assessment of UT;
compliance with the provision of health and safety benefits to employees for work in conditions harmful or dangerous to human health;
assessment of the actual UT of working citizens.

The examination of occupational safety can be initiated by employees or the head of the enterprise; the results of the examination must be communicated to all employees of the organization

The basis for conducting a state examination can be a decision of the judiciary, executive authorities, employees or the head of the enterprise himself, trade union organizations, the Federal Social Insurance Fund of the Russian Federation and other authorized organizations.

The commission or individuals empowered, confirmed by a special certificate, to carry out state examination have the right to perform the following actions:

to freely visit for examination the heads of organizations of any form of ownership, as well as employers who are individuals;
receive from the organization free of charge documents and materials necessary for the examination;
carry out all measurements and calculations, if necessary, involving specialized laboratories that are accredited to conduct examinations, in accordance with the Federal Law.

If the commission detects non-compliance with the established labor safety requirements, the results of the inspection are sent to the bodies authorized to resolve these issues

The responsibilities of the persons conducting the examination include the following:

after conducting expert activities, draw up appropriate conclusions and, if necessary, send them to the judicial authorities, the Federal Social Insurance Fund of the Russian Federation, trade union organizations, employers, and executive authorities;
the conclusions set out in the conclusions drawn up must be justified by the arguments given;
ensuring the safety of materials and documents seized and used for the examination, as well as the confidentiality of the information received.

Organization of labor protection service at the enterprise (Article 217)

In order to constantly monitor and comply with occupational safety requirements, each manager of an enterprise that employs more than 50 people is obliged to create a special occupational safety service or introduce the position of an occupational safety specialist. The specialist must have appropriate training and experience.

In some cases, when the specifics of the work require constant monitoring of production processes, an occupational safety service or a specialist position is introduced even when the enterprise employs less than 50 people (Federal Law No. 90-FZ of June 30, 2006).

Authorized organizations with appropriate accreditation have the right to check labor protection conditions

In an enterprise where there is no occupational safety service or occupational safety specialist, the employer must independently perform its functions or authorize an employee to do this work or attract an organization providing occupational safety services. It should be taken into account that the organization must have special powers (accreditation) to perform these works.

Accreditation is granted or revoked by federal regulatory organizations that regulate and develop occupational safety programs.

Important! The number of employees and the structure of the occupational safety department are determined by the head of the enterprise, who must take into account the recommendations of the authorities regulating this area (Federal Law No. 122-FZ of August 22, 2004).

New in legislation

Since 2021, changes have affected the rules for operating power plants. Now control over compliance with occupational safety regulations when using such equipment is carried out by Gosenergonadzor.

There have also been changes in safety regulations when performing work at heights, in the construction industry, and in the operation of certain tools. For example, ladders used for work at height must undergo preliminary tests. Hand tools must be in good condition and fully meet safety requirements.

Reference! Also, now a special assessment of working conditions is carried out at all enterprises without exception. It cannot be carried out in several stages, but must be holistic.

Occupational health and safety should occupy a significant place in any organization. The term consists of many concepts and sections. Each of them allows us to ensure the safe activity of every worker in any field, including an engineer, a researcher, etc. Basic recommendations and rules can be found in the Labor Code, which reflects GOSTs and standards relating to safety at work. Regular inspections of the quality and effectiveness of occupational safety and health allow us to identify violations and provide recommendations for their elimination. OT is especially important in preschool institutions, where a large number of children are constantly staying in the institution. Therefore, the organization of labor protection and safety, which is part of it, should be simple, correct and understandable for employees.

Commissions (committees) on labor protection (Article 218)

Occupational safety commissions can be created on the initiative of the enterprise’s employees or its manager.

Such a committee includes representatives of the organization’s management, trade unions, or nominees from the work collective.

The standard regulation on the occupational safety commission was approved by the federal authorities that are involved in the development and regulation of this legal area (Federal Law No. 90-FZ of June 30, 2006).

The commission for control over occupational safety must coordinate all activities with trade union bodies, the head of the enterprise, as well as with the employees who initiated the investigation.

Committee members must coordinate their actions, which should be aimed at fulfilling the requirements for occupational safety and preventing occupational injuries and diseases. In addition, the commission carries out inspections of the safety organization at the workplace of each employee, and the results of this process are communicated to the employees of the enterprise. Rational proposals are drawn up in the form of an occupational safety agreement, which is attached to the collective agreement.

The next chapter of the Labor Code of the Russian Federation, No. 36, stipulates the rights of enterprise employees regarding occupational safety.

What is safety precautions and how does it differ from occupational safety?

Occupational safety: what is it, concept

Many people confuse the concept of safety with labor protection. Therefore, it is worth taking a closer look at their differences.

Reference! Safety precautions are an outdated concept that denotes part of the OT functions. Actions are aimed at preventing work-related injuries and illnesses associated with it. TB is not expressed in legal norms, but consists of specific regulations, separate for each industry.

Violation of TB does not entail legal consequences. Failure to comply with labor safety rules will result in disciplinary or criminal liability. Therefore, TB is only a specific section of OT.

The right of workers to work in safe conditions (Article 219)

This article provides information about the rights of working citizens. So, working citizens have the right:

to ensure that their place of work complies with labor safety requirements;
for social insurance against possible emergencies, accidents, and occupational diseases at the enterprise;
for reliable information about the conditions created in the workplace (the risk of damage to health, occupational disease, the presence of dangerous and harmful factors to health), which the head of the organization is obliged to provide;

An employee cannot be subject to administrative liability for refusing to perform work under conditions that threaten his health or life.

in the event of circumstances that may threaten the health and life of citizens, they have the right to refuse to perform their immediate duties until the danger created is eliminated;
for personal and collective protective equipment, which complies with established occupational safety requirements;
for training in safe techniques and methods, which is carried out at the expense of the enterprise;
on prof. training at the expense of the organization in the event that the place of work has been liquidated due to labor safety violations (Federal Law No. 185-FZ of 07/02/2013);
on a request to carry out an inspection of the workplace safety regulations by the above-mentioned supervisory authorities for compliance with the technical requirements (Federal Law No. 90-FZ of June 30, 2006, No. 122-FZ of August 22, 2004, No. 242-FZ of July 18, 2011);
to contact the authorized bodies in the field of occupational safety and the employer regarding occupational safety issues;
to participate in the consideration of issues relating to the safety of working conditions at the employee’s workplace, as well as in the process of investigating an accident or occupational disease acquired by him at work;
for an extraordinary medical examination in the presence of medical recommendations with retention of salary and position for the period of the medical examination (Federal Law No. 317-FZ of November 25, 2013);
on the Civil and Civil Code established by law, in the case of a citizen working in hazardous or hazardous production (Federal Law No. 421-FZ of December 28, 2013 and No. 90-FZ of June 30, 2006).

Important! The size and conditions of health and safety regulations for workers in places with dangerous and harmful working conditions are provided for in Art. No. 92,117 and 147 TK.

If, during an inspection and examination of the workplace, no violations of occupational safety requirements are revealed, that is, the place of work is considered safe, health and safety standards are not established for the employee (Federal Law No. 421-FZ of December 28, 2013 and No. 90-FZ of June 30, 2006).

Labor safety news

The main news on labor protection - the Ministry of Labor approved the “Road Map” for the abolition and updating of mandatory requirements in the field of compliance with labor legislation and other regulations containing labor law standards.

In particular, amendments to the procedure are planned for the 2nd quarter of 2021 if, based on the results of a special assessment at the workplace, no harmful or dangerous production factors were identified.

Also in 2021, it is planned to change the procedure for training in labor protection and testing knowledge of labor protection requirements.

To learn everything new in labor safety in a timely manner, read labor safety news on the website of the Ministry of Labor of the Russian Federation.

Guarantees to working citizens in accordance with labor protection requirements (Article 220)

Workers are provided with a state guarantee to protect their rights to work in safe working conditions.

All conditions specified in the TD must not contradict the requirements of the Labor Code.

Providing workers with special equipment, as well as other means of protection, is the responsibility of the organization’s management.

If there is a temporary suspension of the enterprise due to a labor safety violation that was not the fault of the employees, then their average salary and, naturally, their position will be retained for this period. If possible, the head of the organization can, during the suspension of a particular unit, temporarily send workers to another area of work, maintaining their previous salary.
If an employee refuses to perform work due to circumstances that pose a danger to his life and health, the manager is obliged to provide him with another place of work while the dangerous situation is eliminated.
If objective reasons do not allow the employee to be transferred to another area of work, then the average salary will be retained for the period of inactivity.
If the manager has not provided the employee with means of personal and collective protection, then he does not have the right to demand that he fulfill his duties. In this case, the time is paid as downtime.
If an employee refuses to perform work not provided for by the Labor Code, or its performance threatens his life or health, then his refusal cannot serve as a basis for holding him accountable.
If an employee suffers harm to health or life, he is compensated in accordance with the Federal Law.
In connection with the established occupational safety requirements, in the event of detection of violations on the part of the employer or other officials, liability is provided for them.

If violations are discovered on the part of the employer, he is subject to liability

The following table will present other guarantees specified in the following articles.

Name of the labor protection guarantee for workers performing their functions under certain conditions	Description of guarantees
Personal protective equipment for working citizens (Article 221)	If employees perform their functions in an enterprise with harmful and dangerous conditions, as well as in special temperature conditions or in a polluted environment, then the employer is obliged to provide them with special clothing, footwear and personal protective equipment, including disinfectants and flushing agents that have been certified, as well as declaration (Federal Law No. 313-FZ of December 30, 2008). The employer, taking into account the labor control authorities, has the right to determine the standards for providing employees with the above-mentioned accessories, which are purchased at his expense, including their washing, repair, drying and storage.
Article 222. Distribution of milk and therapeutic and preventive nutrition	For employees performing their functions in an enterprise with conditions harmful to health, the employer is obliged to provide them with milk or equivalent products according to established standards. According to the application submitted by the employee, products can be replaced with payments (compensation) similar to the cost of the products, if this factor is provided for by the TD and the collective agreement. In particularly hazardous jobs, citizens are also provided with therapeutic and preventive nutrition, which can also be replaced by compensation payments (Federal Law No. 224-FZ of October 1, 2007).
Article 223. Sanitary services and medical support for workers	The employer is also obliged to provide employees with sanitary, household and medical care in accordance with labor safety standards. Measures to provide the above-mentioned amenities consist of arranging sanitary facilities; compartments for eating; providing medical care; rooms for relaxation and psychological relief. Also important is the organization of first aid posts, the availability of first aid kits, the installation of devices to provide employees in hot shops with water, etc. In addition, if an accident occurs or an employee becomes ill at the workplace, his delivery to a medical facility is carried out at the expense of the employer.
Article 224. Additional labor protection guarantees for certain categories of workers	The head of the organization, in accordance with established legislation, is obliged to comply with the rules for attracting workers to perform work in harmful and dangerous conditions at night; when transferring workers to light work if required by medical indications confirmed in the prescribed manner. The employer must establish time for rest during the working day, create acceptable working conditions for disabled people in accordance with the rehabilitation program, etc.
Article 225. Training in the field of occupational safety	All employees, including the management of the organization, are required to carry out training and testing of knowledge on occupational safety. All citizens entering or transferring to a new job must undergo occupational safety training, during which training is provided in safe techniques and methods for performing work functions and providing first aid in case of accidents. The head of the organization must provide training, as well as on-site internship at the expense of the organization. Government bodies promote the process of occupational safety education and also provide training for specialists working in this field.
Article 226. Financing of measures to improve conditions and occupational safety	Financial support for activities related to occupational safety and improvement of conditions is carried out from the federal budget, funds of the constituent entities of the Russian Federation, both budgetary and extra-budgetary (voluntary contributions from individuals or organizations). This process is regulated by Federal Law. Financing of the above activities is carried out in an amount of at least 0.2% of the amount of costs for the organized production of products or services and work provided. These funds are used to carry out a whole list of various measures for occupational safety and improvement of working conditions, reducing possible risks of emergencies and accidents. In economic sectors, in the constituent entities of the Russian Federation, as well as among enterprise managers, occupational safety funds can be created that will comply with the legislative acts of the Russian Federation. Employees should not bear the costs of financing occupational safety measures, as well as improving working conditions.

Articles of the Labor Code No. 227-231, which complete the consideration of sections on labor protection, provide information on industrial accidents and their investigation.

Labor protection system

The labor protection system is a system for preserving the life and health of workers. The rules and procedures for labor protection of workers are regulated by the Labor Code of the Russian Federation. Previously, the organization of the labor protection system at the enterprise was carried out on the basis of the provisions of Federal Law dated July 17, 1999 No. 181-FZ “On the fundamentals of labor protection in the Russian Federation.” The Labor Protection Law became invalid on October 5, 2006.

Labor protection for workers includes the creation of a workable labor protection management system in the company (Article 217 of the Labor Code of the Russian Federation).

It is necessary for all organizations and entrepreneurs with more than 50 employees to create an occupational safety service or hire a specialist in this field. Moreover, this condition is true not only for manufacturing employers, but also for those operating in the service sector (letter of the Ministry of Labor dated June 10, 2016 No. 5-2/OOG-2136).

The service will monitor working conditions in a company or individual entrepreneur, monitor the safety of work on equipment, investigate industrial accidents, and train employees.

In an organization employing no more than 50 people, the functions of auditing labor protection according to the Labor Code of the Russian Federation can be assigned to any employee - part-time or part-time. For example, an accountant, HR officer, production department manager or head of the sales department. But only if this person agrees to such changes. If you expand the list of responsibilities unilaterally, then the employee will be able to challenge them in court (decision of the Central District Court of Sochi dated July 3, 2014 No. 2-2795/2014).

In addition, the company needs to develop local regulations on labor protection issues. Firstly, the provision on labor protection. Secondly, a training program on labor protection. Thirdly, instructions on labor protection. It is developed based on the position or profession of the employees.