To date, considerable attention has been paid by the state and regulatory bodies to issues of organization, safety and labor protection in the workplace. Due to the fact that all responsibility for this falls on the shoulders of the employer, the responsibility for conducting briefings is also assigned to him.
They should be carried out regularly with all employees of the enterprise in an individual or collective form. In particular, unscheduled and targeted briefings on labor protection, which will be discussed later.
Who conducts where?
The time and place of the briefings largely depends on their purpose and type. At large enterprises (organizations) with a large staff should have the position of a specialist in occupational health and safety - it is he who is engaged in this work. If there is no individual, then by internal order, duties can be assigned to another employee who has undergone appropriate training. Directly in the office of a specialist in OT (or TB), only introductory instruction is given. In this case, visual aids, videos should be used.
Initial, targeted, repeated and unscheduled briefings on labor protection are necessarily conducted by the head of the structural unit, that is, the one who directly supervises the work (master, teacher, etc.).
Target briefing
In accordance with the legislatively adopted GOST, the target should be understood as instructing employees, which is carried out before conducting one-time work, directly with the official duties of an employee not related. For example, it can be a cleaning of the territory (common spring and autumn subbotniks) or a single job outside the workshop or enterprise. In addition, unscheduled briefing is provided during the liquidation of the consequences of a natural disaster, catastrophe, accident, organization of events of a mass nature (hiking, sporting events, excursions, etc.), as well as in the production of work requiring a clearance permit.
When do unscheduled labor safety briefings
An unscheduled briefing is provided in certain situations - GOST provides an exhaustive list of:
- Introduction and entry into force of revised or new instructions, standards of rules in the field of safety and labor protection, amendments to them.
- Violation by employees of the enterprise and students of the established labor safety requirements, the consequence of which was an injury, fire, explosion, accident, poisoning, or there was a threat of their occurrence.
- An unscheduled briefing on labor protection is necessary in cases when the technological process undergoes changes, equipment, tools, raw materials are upgraded or their replacement occurs, as well as when other factors arise that in one way or another affect working conditions.
- Compliance with the requirements of state supervisory and regulatory bodies in case of violation by employees of regulatory acts in the field of labor protection.
- Necessarily unscheduled briefing on labor protection is carried out in the case when the break in work, for the safety of which special (increased) requirements are made, is more than 30 days (calendar), in other situations - more than 60 days.
- The receipt of information on accidents and accidents that occurred in organizations with similar production.
- The decision of the employer or the person authorized for such actions.
Features
According to the requirements, unscheduled instruction on labor protection is the responsibility of instructors, direct heads of structural divisions, craftsmen, as well as managerial and engineering personnel. This can be an individual lesson or a group one.
After the briefing, the responsible person is obliged to make appropriate entries in the journal of the established form. The responsible employee must indicate in a certain column the telephone number (message, letter) of the accident or enter the details that contain an order for unscheduled instruction on labor protection, or an amended list of safety requirements in changing working conditions. In addition, a personal signature of the instructed and instructing that the employee is allowed to further work is required.
Dates
The timing depends on the reason why there was a need for briefing (unscheduled). Their exhaustive list is presented above. So, if there is a violation of the safety requirements established by the enterprise, or if information about a similar incident at a similar production is received, unscheduled briefing should be carried out within three days. Days should be considered calendar, from the moment a message is received or violations are detected.
If the company expects or plans to change technological processes, interruption of work, replace equipment, then unscheduled briefing on labor protection should be carried out before starting work in new conditions.
Unscheduled Briefing Order
In order that the inspecting and controlling bodies do not have any questions, all actions of the employer must be duly executed in writing. It is very important that labor protection is properly organized in an organization or enterprise, especially with hazardous production.
An order for unscheduled briefing is issued immediately before it. It must comply with all standards of office work - contain the name of the organization, date and number, name.
Order example
The wording of the main part of the order depends on what is planned for the briefing. For example, it may be as follows:
Due to heavy traffic congestion, in order to prevent accidents, with the participation of employees
I ORDER:
1. Until 05/05/2016, Chief Mechanic S. S. Pugovkin, conduct unscheduled instruction with drivers on the prevention of road accidents, safe road behavior, and strict adherence to traffic rules.
2. The results of the briefing should be reflected in the register with mandatory signatures of the instructor and instructed person.
3. To the head of the Human Resources Department, N. N. Verevkina, to familiarize drivers with this order within the time period established by law.
4. To entrust to the specialist in OT Igolkin P. P. control over the execution of the order.
Thus, an unscheduled briefing on labor protection, the sample order of which we have given above, should be organized after a local regulatory act is issued and have a program in accordance with the intended purpose.
When organizing labor protection work at an enterprise, it is important to understand that very severe measures of responsibility for violations in this area are provided for by law. And it all starts with the basic requirements of labor law. Below are the main articles of the Administrative Code of the Russian Federation, which should be remembered.
Section 5.27. Administrative Code of the Russian Federation
This article provides for the responsibility of employers for violation of the provisions of the labor law, failure to conclude an employment contract with a person who is practically admitted to work, its incorrect execution or illegal substitution of a civil law contract, as well as for non-payment of salaries in full or in part.
Punishment is provided for two types - a warning and a fine. The amount of monetary sanction varies. So, for the substitution of an employment contract by civil law, a fine of ten to twenty thousand rubles may be imposed. officials and from 50 to 100 thousand - organizations. If a similar offense has already occurred in the past, then the measures will be more severe. In this case, disqualification (from a year to 3 years) and from 100 to 200 thousand fines, respectively, are meant.
Article 5.27.1. Administrative Code of the Russian Federation
In Article 5.27.1 of the Code of Administrative Offenses, measures are envisaged for violation of regulatory requirements in the field of labor protection, which are contained mainly in federal laws and other legal acts of the Russian Federation.
The third part is the closest to this topic, which is worth paying attention to. It states that the employee must not be allowed to perform direct labor duties if there are contraindications, as well as if he has not undergone training and subsequent examination of knowledge about labor protection requirements and preliminary or periodic medical examination, psychiatric examination in the approved manner.
The punishment for this offense provides a fine for the legal. persons (in rubles) - 100-130 thousand, for an official - 15-25 thousand
Agree, there are very convincing arguments in favor of having to conduct unscheduled training on labor protection when there are direct reasons for this.
In the event that there really were facts of a violation of labor law (in the field of labor protection and safety, in particular), executive authorities can give a period for their elimination in the order.
An employer who has not fulfilled the requirements or who has done it improperly falls under the scope of Article 19.5 of the Code of Administrative Offenses of the Russian Federation. The punishment provided for by her for an official may be of two types:
- A fine ranging from thirty to fifty thousand rubles.
- Disqualification, the term of which is assigned from one year to three years. Legal entities face a fine in the amount of one hundred to two hundred thousand rubles for this administrative offense.
Criminal liability
For non-compliance with statutory requirements in the field of labor protection by the person who is entrusted with this obligation, criminal liability may arise. According to Article 143 of the Criminal Code of the Russian Federation, in the event that violations entailed bodily harm (grievous), death of a person or group of persons, not only impressive fines are provided, but also disqualification, forced labor, and in the most serious case - imprisonment.