Labor protection is a set of norms that are aimed at the formation of a harmless and safe working environment. Prescriptions are recorded in various acts. Let us further consider how labor protection is managed.
Normative base
OT standards are spelled out in such documents:
- Labor protection rules.
- Instructions and orders of departments and ministries.
- The laws.
- Collective agreements.
These acts contain the norms:
- Regulating the organization and planning of labor in enterprises.
- Establishing compensation payments and benefits to employees involved in harmful (hazardous) industries.
- Prescriptive requirements for TB and sanitation.
- Establishing the liability of persons for violations of laws and regulations at work.
- Regulating the activities of supervisory and controlling authorities.
Labor protection of the Russian Federation
The main regulatory document in this area is TC. It quite fully and widely covers issues related to labor protection. This suggests that the state is paying close attention to the conditions in which employees of many enterprises are on a daily basis. TC contains several sections. Each of them includes rules governing certain production moments. So, the Code regulates working hours, routines and discipline, protection of the rights of employees, social partnership, etc.
General Provisions
This section of the Code reveals the very concept of “labor protection”. This definition includes employee rights to:
- conditions that meet the requirements of hygiene and safety;
- relaxation;
- compensation for harm that was received in the course of the performance of their professional activities;
- compulsory social insurance;
- judicial protection and so on.
Contract
A whole section is devoted to this document in the TC. So, it is said that when concluding the contract at the time of entering the enterprise, it should specify the characteristics of the production conditions, indicate benefits and compensation payments (if the work is carried out under the influence of dangerous or harmful factors), a rest schedule and an activity schedule (if they are different from generally accepted in the company), conditions and types of social insurance. The contract may be concluded with citizens who have reached 16 years of age. It is also allowed to sign it with people of 15 years of age when they receive a general education or continue to study the main program in a form other than full-time. In this case, the signing of the contract is carried out for the citizen to perform easy activities that do not cause damage to his health. With the consent of the parent, guardian or guardian, an agreement may also be concluded with a person of 14 years old. The contract is signed in this case for the performance of easy activities in his spare time from training.
Occupational Safety and Health
This is one of the most important sections of the shopping center. In accordance with his articles, with all persons entering the workplace or being transferred to another position, the head of the enterprise or an employee authorized by him must conduct a training on occupational safety. The employer is obliged to provide Labor protection rules, and employees of the enterprise - to familiarize themselves with them. The fact of the briefing is recorded in the relevant journals. Periodically, the enterprise should be inspected for labor protection. It includes practical measures to identify the level of preparedness of employees for production activities. If the employee will carry out its activities in harmful or dangerous conditions, the employer is obliged to organize his training. So, for example, labor protection during the operation of electrical installations includes targeted briefings, training sessions, at the end of which the employee receives access to the relevant facilities.
Rights and obligations of employees in the field of occupational health
The labor protection of workers is provided, first of all, by the head of the enterprise. The legislation provides employees with certain rights and gives them responsibilities in the field of occupational health. The main ones include:
- The right to have a workplace free from the influence of dangerous or harmful factors, to receive information about his working conditions, to provide means of protection at the expense of the employer, to apply to authorized supervisory authorities to inspect working conditions.
- The duty of the employee to comply with established requirements and standards. In particular, he must follow the recommendations of health workers, notify the authorities about the occurrence of an emergency, and immediately report an accident.
Tenant Requirements
At each enterprise, a labor protection program should be developed. It includes all measures to ensure a safe environment. The labor protection program should be coordinated with supervisory authorities and strictly observed at the enterprise. The employer, among other things, is obliged:
- To provide the places of employees under his control with a safe state for human life and health.
- Organize regular physical examinations at the expense of the enterprise.
- Carry out briefings on safety measures and rules, conduct certification of workers on time.
- Provide employees with appropriate protective equipment.
At a number of enterprises, physical examinations are mandatory procedures for admission to the state. In particular, labor protection in the preschool educational institution includes regular surveys of specialists. Such measures are necessary to ensure the safety of not only the educators themselves and other employees, but also the children in the institution. In such organizations, supervisory authorities carefully check how labor protection is implemented. In the preschool educational institution, specialists must pass certification, know the safety instructions, and be able to ensure the safety of students.
Order and discipline
This section of the Code establishes the basic norms aimed at fulfilling the relevant safety requirements. Violation of labor discipline entails the imposition of liability on perpetrators - from comments and reprimands to dismissal. If the tenant does not fulfill the requirements, administrative measures may be applied to him.
Age limit
Features of ensuring safe working conditions for persons under 18 years of age are regulated in a separate section of the Labor Code. It, among other things, considers restrictions and benefits that relate to OT issues for each age category. In particular, it is not allowed to use the labor of citizens under 18 years of age in enterprises with difficult, traumatic or harmful conditions. Their involvement in activities underground, as well as those capable of harming their moral development, is not allowed. It is forbidden to send employees under the age of 18 on business trips, to engage in overtime, night work, work on holidays and weekends. Annual leave is granted to such persons with a duration of at least 31 days (calendar).
Collective agreements and contracts
This section establishes the possibility of introducing into the contract the mutual obligations of the employer and the employee related to the improvement of conditions and labor protection. This, among other categories, applies to adolescents and women. It also indicates the right of employees to make proposals in the development and adoption of collective agreements.
Social insurance
The Federal Law, which regulates the procedure for compulsory insurance of employees against accidents during the performance of their activities at the enterprise, is essential in ensuring OS. In accordance with its provisions, employees must be provided with protection regardless of the form of ownership of the company. This allows you to get compensation for harm caused to health during the performance of production activities.
BT standards system
This normative act is considered one of the main in the field of labor protection. The system ensures compliance with regulatory and technical documentation on BT, including the requirements and standards for industrial sanitation and safety. Standards can be local (developed for a particular enterprise), industry, state. Industry standards are developed in accordance with the characteristics of a particular business sector. They can be more rigid than those that are present in the relevant GOST.
Executive and coordinating structures
According to the basics of labor legislation, the responsibility for the formation of a harmless and safe working environment at the enterprise lies with its administration. It, in turn, should be guided by the requirements for OT. Labor protection rules can be both intersectoral and uniform for all sectors of the economy. Coordinates the development of these acts of the Ministry of Health and Social Development of Russia.
Labor protection rules can be approved for a fixed term or indefinitely. Model Instructions are adopted by the central authorized executive (federal) body in preliminary agreement with the trade unions. These normative acts are developed in accordance with intersectoral and industry rules on health and should not contradict them. Systematization and accounting of the latter is carried out by the Ministry of Health and Social Development, standard instructions are carried out by federal executive bodies.
Supervision and control
These activities are carried out by authorized authorities. These include government agencies and inspections. Their activity does not depend on the heads of enterprises, as well as their higher bodies. The central structures of the executive (federal) government exercise control over the observance of standard instructions and industry rules on occupational health regarding their subordinate organizations and institutions. Supervision of the execution of local acts of the enterprise is assigned to its head, heads of structural divisions, team leaders and other responsible persons.
Features of typical instructions
Each document must have a name and number. Instructions for workers include the following sections:
- General requirements.
- Prescriptions before the start of the shift.
- TB during work.
- Emergency Behavior.
- TB on completion.
Sections are compiled taking into account the specific conditions for a particular employee or category of employees. The revision of the instructions should be carried out at least once every 5 years for ordinary enterprises and once every three years for hazardous and hazardous industries.
If the requirements have not changed, the manager issues an appropriate order (order) to extend the validity period. Heads of departments must have a set of regulatory documents, including - instructions for employees in accordance with professions, and a list of these acts, approved by the administration of the enterprise. Requirements can be issued to employees on receipt for study during the initial briefing, posted on the plots or stored in accessible places.