Public administration of labor protection in the Russian Federation: bodies, levels

Public administration in the field of labor protection is one of the key areas of state policy. Its essence is to create conditions to ensure a decent life, protect the health of the working population. Further in the article, the structure of state management of labor protection will be examined in detail.

general characteristics

The organization of labor protection , the state management of labor protection involve the development of regulatory acts, the definition of requirements for production facilities, used technologies that guarantee safe working conditions, protect the health and life of personnel. In the framework of the state policy, laws are approved that ensure the implementation of the employees' rights to health and safety.

Goals

The system of state management of labor protection includes a set of measures that are carried out by authorized bodies endowed with supervisory, coordinating, permissive, regulatory and other functions. The main objectives of the policy are:

1. Development and implementation of federal industry and regional programs to improve working conditions.
2. Assistance in the planning and implementation of activities aimed at ensuring the safety of personnel.
3. Prevention and elimination of violations of legislative and regulatory requirements on health and safety.

Who carries out the state management of labor protection?

Their definition and establishment of the terms of reference is based on the principles of the federal structure of the country, fixed by the Constitution. According to the provisions of article 5, they are:

1. The unity and integrity of state power.
2. Delineation of powers and subjects of reference of regional and federal institutions.

State management of labor protection is carried out by the Government. Its activities can be carried out directly or through appropriate institutions of power. The bodies of state administration of labor protection exercise their powers on behalf of the Government. It also determines the limits of their competence. The subjects of state management of labor protection act in accordance with the Regulations, acts regulating the interaction between executive institutions. These documents are approved by government decrees.

Key institute

It is the Ministry of Labor. On the instructions of the Government, it implements the functions of developing state policy and normative regulation of relations related to occupational health. The state management of labor protection is carried out by the Ministry through the independent adoption of normative acts:

1. The order of confirmation of compliance of the planning of events with the established requirements.
2. Rules for training and testing knowledge of labor protection standards. The effect of this act applies to all employees, including managers and employers of individual entrepreneurs.
3. The order of referral for training in OT of certain categories of persons insured against occupational diseases and accidents.
4. The list of services for the provision of which accreditation is required, the rules for its implementation.
5. Recommendations on the number of employees and the structure of the security service at the enterprise.
6. Occupational safety rules and standard instructions, safety standards.
7. Guidelines for the determination of regulatory requirements for labor protection.
8. Model provision on the activities of the commission (committee) on health and safety.

Other bodies of state management of labor protection resolve issues within their competence. Their terms of reference are defined in the Regulations and other regulatory acts. For example, according to the content of Article 100 of the Labor Code (Part 2), the specifics of working hours, rest periods of personnel employed in transport, communications and other sectors of the economy that differ in their special nature of activity, according to the rules established by the Government, are determined by the relevant federal institutions by agreement with the Ministry of Labor.

Tasks of Executive Institutions

The state administration of labor protection in the Russian Federation is an activity involving the involvement of various departments, ministries and institutions. A special role is assigned to federal executive institutions. They carry out control and oversight functions, ensuring that tenants comply with established health and safety requirements. Public administration in the field of labor protection involves the identification of cases of violation of regulatory requirements, the reasons for their admission. Authorized institutions are required to prevent unlawful actions. To this end, they have the right to apply preventive, preventive, restrictive measures of influence, aimed at preventing or eliminating the consequences of non-compliance with the provisions of the law and other acts by citizens and legal entities.

Nuances

Federal institutions that implement certain tasks of legal regulation, control and supervision and licensing functions must coordinate all decisions made by them, as well as the measures taken, with the Ministry of Labor. The regulations on the ministries establish their authority on health. In particular, in the act regulating the activities of the Ministry of Energy, approved by the Government Decree of 12 October. 2000, it is provided that it, within its competence:

1. He takes part in the implementation of the state policy on labor protection.
2. Develops and approves industry rules, targeted programs to improve working conditions, monitors their implementation.
3. It takes part in testing knowledge of the requirements of the managers and technical directors (chief engineers) of enterprises in the fuel and energy complex, regardless of the type of property.
4. It implements measures to ensure radiation safety at fuel and energy facilities.

Levels of public health and safety management

On the territory of the subjects of the state policy on ensuring the safety of production activities is implemented by authorized institutions of authority within their competence. It, in turn, is determined by regional regulatory acts, in accordance with federal law. For example, in the Tyumen region, the authority of the administration of a subject, territorial institutions of power, department services, committees, departments is established by the relevant Law adopted by the regional Duma on 12 February. 1998. In Moscow, the competence of government institutions is determined by the Regulation approved by the Decree of the metropolitan government of December 23. 1997 as amended from Apr 15 2003 year

Rules and Standards

The state management of labor protection is implemented through approved regulatory acts. Among them are the rules of industrial sanitation and safety. These acts are binding on all employees of all enterprises. Standards and rules may be industry specific, intersectoral, or adopted locally. The former are approved by authorized departments, ministries, and supervisory authorities that implement the state labor protection department , either jointly or by agreement with trade union associations. Such regulatory acts apply only to a specific sector of the national economic complex. Intersectoral standards and rules include safety requirements for certain types of work or equipment, production, used in several sectors. Local documents are accepted at a particular enterprise, taking into account the specifics of its activities.

Instructions

They are developed in accordance with the provisions present in industry and intersectoral standards and regulations. Approval of instructions is within the competence of departments, ministries, and supervisory authorities that implement state management of labor protection . On the basis of standard acts, employers develop and approve local documents on health and safety. Such instructions establish the rules for the safe performance of work, behavior at the enterprise, including in specific rooms, construction sites, and so on. Directly at work sites, the health and safety of personnel is ensured by responsible persons. As a rule, they are heads of production facilities, workshops, etc. In their activities, responsible persons are guided by GOSTs, sanitary standards and rules established for a particular type of work.

Decree No. 1160

In accordance with it, all normative documents are developed through which the state management of labor protection is implemented . The provisions of the Decree impose certain requirements on acts that include requirements for OS. These regulatory documents include:

1. Safety standards.
2. Typical instructions and rules for OT.
3. Sanitary and epidemiological standards and norms that provide requirements for production factors.
   

Draft acts on OT

They are being developed:

1. Associations, enterprises, institutions, extrabudgetary state funds, associations.
2. Federal executive institutions that implement functions related to the development of state policy and legal regulation in the envisaged field of activity. At the same time, representatives of industry associations of employers and trade unions participate in the development.

Draft acts, which include requirements for occupational health, are sent by institutions, enterprises, associations, extrabudgetary state funds, and associations to the federal executive body that implements the functions of state labor protection management. In the absence of such an institution, documents are submitted to the Ministry of Labor. Draft acts are submitted in electronic and paper form. At the same time, when documents are submitted by federal institutions of power, they are accompanied by the conclusions of industry associations of employers and trade unions. Acts that contain requirements for occupational health and safety are issued by the Ministry of Labor after consideration at a meeting of a tripartite commission authorized to regulate social and labor relations.

Making changes to documents

Correction of acts, which include requirements for OT, is made by the Ministry of Labor. The amendment procedure is established by government decree No. 1160. Correction of acts is carried out:

1. When changing the legislative norms for OT.
2. According to the results of a comprehensive study of the status and causes of occupational diseases and occupational injuries.
3. According to the results of the analysis of domestic and international experience in improving the regulatory framework, improving working conditions in enterprises.
4. In accordance with the assessment of the results of certification of work sites, as well as indicators achieved with the introduction of new technologies and equipment.
5. On the proposals of federal executive institutions or regional authorities, including on the balance of acts, including labor protection requirements, with international standards. Recommended measures should be justified.
   

Trade unions can participate in the development of state programs on occupational health and the environment, the preparation of normative and other acts regulating labor protection, environmental safety and occupational diseases. In addition, associations conduct daily monitoring of the implementation of established requirements.

Life safety

It should be considered as a comprehensive system of measures aimed at protecting the individual and the environment in which he lives from the risks arising from a particular activity. The more complex it is, the more compact the security system will become. To create a safe environment when conducting business, it is necessary to solve the following tasks:

1. Perform a full analysis of the risks arising from the implementation of a particular work.
2. To develop effective measures to protect a person and the environment in which he is from the identified dangers. Activities should bring maximum effect with minimum costs.
3. Develop measures to protect against residual risks of a specific activity.
   

Providing OT

Labor protection is implemented through a set of legislative acts, rules, organizational, hygienic, technical, socio-economic measures aimed at ensuring safety, maintaining working capacity and human health in a production environment. Currently, OT is considered as the most important task for the heads of enterprises and institutions of state power. Labor protection has an inextricable link with various sciences. Among them are physiology, psychology, organization of production and economics, industrial toxicology, automation of the technological process, etc. When improving and improving the conditions of professional activity, the use of advanced information tools is of particular importance. The implementation of measures to reduce injuries and morbidity contributes to an increase in employee activity, an increase in their productivity, and a reduction in production losses. Among other things, labor protection is closely related to environmental safety. Filtration of effluents, gas emissions, maintaining fertility and restoration of soils, combating vibration and noise, providing protection from exposure to electrostatic fields and other measures also contribute to the creation of favorable production conditions. A special role in this belongs to the state. The federal and regional authorities are developing various programs aimed at resolving the most pressing issues of occupational health. The development of measures is carried out taking into account the specifics of industries and types of activities, taking into account the wishes of the employees and employers themselves.