Types of liability for violation of labor protection requirements

Responsibility for violation of labor protection requirements

Responsibility for violation of occupational safety and health (OHS) requirements occurs to workers and (or) employers if they violate their responsibilities related to occupational safety issues.
IMPORTANT! The employer's responsibilities regarding occupational safety are listed in Art. 212 of the Labor Code of the Russian Federation, and for workers - in Art. 214 Labor Code of the Russian Federation.

The types of such liability are provided for in labor legislation (Article 419 of the Labor Code of the Russian Federation):

disciplinary;
material;
civil law;
administrative;
criminal

Disciplinary liability is imposed by the employer on its employees if they do not comply with the established labor safety requirements. Depending on the severity of the offense and its circumstances, the employer has the right to reprimand or reprimand the offender, and in some cases, dismiss him (Article 192 of the Labor Code of the Russian Federation).

How to punish for a disciplinary offense, you will learn from the material “Order on disciplinary action - sample and form.”

Financial liability may arise if, as a result of an employee’s violation of labor safety requirements, direct actual damage to the company’s property is caused (Article 238 of the Labor Code of the Russian Federation).

The nuances of processing “material” issues in the company are in the publication “Regulations on the material responsibility of employees - sample 2019–2020”.

Civil liability may arise for an official who fails to fulfill his duties in relation to his employee, as a result of which the latter suffered moral damage. In this case, compensation for damage is paid in money in agreed amounts or in an amount determined by the court (Article 151 of the Civil Code of the Russian Federation).

We will discuss the remaining two types of liability provided for by law for violators of occupational safety standards in the following sections.

What is a violation

Both employers and employees are required to comply with labor protection requirements. The key provisions of occupational safety are specified in the Labor Code of the Russian Federation (Section X “Occupational Safety and Health”). The employer's responsibilities for occupational safety are regulated by Art. 212 of the Labor Code, and what liability an employee will have for violating labor protection requirements depends on the type of violation:

failure to comply with requirements and instructions (deviation from the rules, ignoring personal protective equipment, alcohol intoxication in the workplace, etc.);
improper (or with violations) fulfillment of duties to ensure safe working conditions (for example, starting the production process without a medical examination).

In the table, each item is a reason for liability on the part of the employer for violation of labor protection requirements.

Violation	Content
Lack of instructions on safe work practices	There is no on-the-job training; there is no control of knowledge on occupational safety; hiring employees who have not undergone training and knowledge testing in occupational safety; There is no training or testing of managers' knowledge.
Violation of work and rest schedule	engaging an employee to work on weekends without his consent; involvement in work beyond the established working hours: overtime work of more than 4 hours for two days in a row and 120 hours per year; lack of accurate recording of the duration of overtime work for each employee; violation of the duration of the employee’s weekly uninterrupted rest, which cannot be less than 42 hours.
Employees are not provided with personal protective equipment	The use of personal protective equipment prevents exposure to harmful factors. The employer is obliged to provide: special clothing; detergents and degreasers that have passed mandatory certification.
Permission to work without mandatory medical examination	Mandatory medical examination allows you to identify conditions and diseases in an employee that are contraindicated for certain types of work.
No special assessment of working conditions is carried out (job certification)	Potentially harmful and dangerous factors of production and the labor process are not identified; the level of their impact on the employee’s body is not assessed; Recommendations for the use of PPE are not developed.
Violation of the accident investigation procedure	violation of the deadline for notifying government agencies of the fact of an accident specified in Article 228.1 of the Labor Code; failure to preserve the situation as it was at the time of the incident until the investigation of the accident began; incomplete documentation; concealment of an industrial accident.
Violations of the rules for technical operation of consumer electrical installations	Leads to various complex consequences.

Code of Administrative Offenses on the amount of fines

Violators of occupational safety requirements may face penalties provided for in Art. 5.27.1 or 19.5 Code of Administrative Offences.

The amount of fines under Art. 5.27.1 Code of Administrative Offenses vary depending on the offense (there are four of them) and for organizations can reach 150,000 rubles, and for a repeated violation - up to 200,000 rubles. Suspension of activities is also possible.

Clause 23 Art. 19.5 of the Code of Administrative Offenses of the Russian Federation establishes fines for failure to comply on time with a legal order of a representative of supervisory authorities on issues of compliance with labor legislation (including on issues of compliance with labor requirements):

30,000–50,000 rub. for officials and individual entrepreneurs;
100,000–200,000 rub. for legal entities.

In addition to the specified monetary amounts, a manager or other official who committed the specified violation may also lose his position - clause 23 of Art. 19. 5 of the Code of Administrative Offenses provides for the possibility of his disqualification for a period of one to three years.

This article provides for personal penalties in certain areas of activity: failure to comply with regulations in the field of safety of hydraulic structures, when using nuclear energy, or regulations of the fire service. For repeated punishments for similar violations, more serious fines are also provided.

ConsultantPlus has a detailed article on administrative liability for violation of labor protection requirements with an analysis of judicial practice. You will be able to read the material as soon as you sign up for a free trial access to K+.

What penalties apply to violators?

A fine for ignoring labor law norms is one of the possible negative consequences that threatens an employer for non-compliance with legal requirements in the labor sphere. If the inspectors discover that a violation has been committed, the company will most likely suffer significant financial losses. In some situations, the amount of sanctions can even reach several million rubles.

The bulk of possible violations and the penalties applied for their commission are described in Articles 5.27 of the Code of Administrative Offenses of the Russian Federation and 5.27.1 of the Code of Administrative Offenses of the Russian Federation.

Table No. 1. Fines for violation of labor legislation ( Article 5.27 of the Labor Code of the Russian Federation ).

Wrongful act	Amount of fines, ₽			Grounds (Article 5.27 of the Code of Administrative Offenses of the Russian Federation)
Wrongful act	for officials	for individual entrepreneurs	for organizations
The subject committed a violation of labor laws.	1000-5000	1000-5000	30000-50000	Part one
The subject violated labor laws repeatedly.	10000-20000	10000-20000	50000-70000	Part two
The incomplete subject actually allowed the person to work, while the employer refuses to enter into an employment contract.	10000-20000 (for citizens – 3000-5000)	—	—	Part three
The subject avoids concluding an employment contract. The hiring was completed with violations. Instead of a labor agreement, a civil law agreement was concluded.	10000-20000	5000-10000	50000-100000	Part four
Repeated violation of the labor law in Part 3 and Part 4 of Art. 5.27 Labor Code of the Russian Federation.	Disqualification for 1-3 years	30000-40000	100000-200000	Part five
The employee was not paid wages. Payment of wages was delayed. The employer prevented the employee from exercising his right to choose a salary bank. The salary is less than the minimum wage.	10000-20000	1000-5000	30000-50000	Part six
Committing acts described in Part 6 of Art. 5.27 Code of Administrative Offenses of the Russian Federation, again.	20000-30000	10000-30000	50000-100000	Part seven

Note. In part one of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation refers to such an offense as “violation of labor legislation.” In fact, any unlawful act that contradicts the provisions of the Labor Code of the Russian Federation and other laws applicable to labor relations falls under this norm. For example, exceeding the standard working hours, all violations of vacations, unlawful involvement of employees with disabilities in overtime work, and the like.

In Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation details violations that are associated with non-compliance with regulatory rules in the field of labor protection.

Table No. 2. Fines for violations in the field of labor protection ( Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation ).

Description of admin. misdemeanor	Amount of fines, ₽			Base
Description of admin. misdemeanor	for officials	for individual entrepreneurs	for legal entities	Base
Subject ignored safety requirements.	2000-5000	2000-5000	50000-80000	Part one
The subject did not conduct a special assessment of working conditions. The special assessment was carried out improperly.	5000-10000	5000-10000	60000-80000	Part two
The employee was allowed to perform his duties without mandatory training and knowledge testing, as well as without a medical examination, if such an examination is required by law.	15000-25000	15000-25000	110000-130000	Part three
The workers were not provided with PPE.	20000-30000	20000-30000	130000-150000	Part four
Repeated commission of any of these offenses.	30000-40000	30000-40000	100000-200000	Part five

Criminal liability for violation of labor safety requirements

The consequences of violations of occupational safety requirements may result in the most serious of the types of liability indicated in the first section—criminal.

IMPORTANT! Criminal penalties for violation of labor requirements are provided for in Art. 143 of the Criminal Code of the Russian Federation.

This article provides for only one material punishment for persons who are entrusted with obligations to comply with them: a fine of up to 400,000 rubles. or in the amount of the convicted person’s income for a period of up to 18 months. It occurs as a result of violations of occupational safety rules, which result in serious harm to the employee’s health.

With such consequences for the worker’s ability to work and health, not only financial, but also other equally serious forms of punishment are possible. They may include:

compulsory work (from 180 to 240 hours);
correctional labor (up to 2 years);
forced labor (up to 1 year);
imprisonment (up to 1 year) with deprivation of the right to hold certain positions (or without it).

If a person’s death is caused by negligence due to violation of safety requirements, the terms of criminal liability increase:

forced labor (up to 4 years);
imprisonment (up to 4 years) with deprivation of the right to hold certain positions for up to 3 years (or without it).

If the number of victims is two or more, the penalties are as follows:

forced labor (up to 5 years);
imprisonment (up to 5 years) with deprivation of the right to hold certain positions for up to 3 years (or without it).

What else can you get a fine for?

In addition to the violations described above, the legislator also provided for the application of administrative punishment if:

the employer refuses to participate in negotiations regarding the conclusion of a collective agreement - in accordance with Art. 5.28 of the Code of Administrative Offenses of the Russian Federation, such behavior is grounds for imposing a fine in the amount of 1-3 thousand rubles;
the employer unreasonably refuses to conclude a collective agreement - in accordance with Art. 5.30 of the Code of Administrative Offenses of the Russian Federation, such a refusal will cost the violator from 3 to 5 thousand rubles;
the employer does not properly fulfill his obligations under the collective agreement - a fine of 3 to 5 thousand rubles according to Art. 5.31 Code of Administrative Offenses of the Russian Federation;
the employer ignored the rights of employees with disabilities during their employment - according to Art. 5.42 of the Code of Administrative Offenses of the Russian Federation, the fine will range from 5 to 10 thousand rubles.

Results

Violation of occupational safety requirements may entail various types of liability: disciplinary, administrative and other (including criminal). The penalties for violations in the field of occupational safety increase when repeated violations are detected.

Sources:

Labor Code of the Russian Federation;
Code of Administrative Offenses of the Russian Federation;
Criminal Code of the Russian Federation.

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