Introduction

One of the urgent problems at the present time is to ensure safe working conditions for a person. In the conditions of scientific and technological progress, this becomes an important state task. The importance and urgency of this task is illustrated by the following figures: according to the Ministry of Health and Social Development, in Russia, an average of 3,000 people die each year at work, 14,000 become disabled, and 10,000 acquire occupational diseases. In just a year, 200,000 people are injured at Russian enterprises, 180,000 die "due to causes associated with exposure to harmful and dangerous production factors." Data taken from the site: http://comstol.info/2014/03/obshhestvo/8837.

The study and identification of possible causes of industrial accidents, occupational diseases, accidents, explosions, fires, and the development of measures and requirements aimed at eliminating these causes make it possible to create safe and favorable conditions for human labor.

Comfortable working conditions affect the productivity and safety of work, the health of workers. Such a part of the population as women, minors and people with reduced ability to work are the most vulnerable and need special protection. In this regard, the purpose of this essay is to review the main legislative and regulatory legal acts of the legislation of the Russian Federation on labor protection.

The concept of labor protection

Occupational safety in the broadest sense of the word is a system for preserving the life and health of workers in the course of their work, including legal, socio-economic, organizational, technical, sanitary and hygienic, medical and preventive, rehabilitation and other measures.

Labor protection as an institution of labor law is a set of norms aimed at ensuring working conditions that are safe for the life and health of workers. As a legal institution, labor protection includes:

• 1. norms that establish the rights and obligations of employees and employers on issues of occupational safety and health, as well as specifying them with the help of rules and instructions on labor protection;
• 2. special rules on compensation for persons working in difficult, harmful or dangerous conditions;
• 3. norms on labor protection for women, underage workers, persons with reduced ability to work;
• 4. norms governing the organization of work on labor protection;
• 5. Rules for investigating and recording industrial accidents.

Occupational safety has social, economic and legal significance. The social significance of labor protection lies in the fact that labor protection helps to strengthen (preserve) the health of workers from harmful and dangerous production factors. The economic significance of labor protection is realized in the growth of labor productivity, economic recovery, and an increase in production. The legal significance of labor protection consists in the legal regulation of work according to one's abilities, taking into account the severity of working conditions, the physiological characteristics of the female body, the body of adolescents and the ability to work of disabled people. In addition, issues of labor protection are the object of organizational and managerial relations of the labor collective (the relevant trade union body) with the employer, as well as social partnerships at the federal, sectoral, regional levels.

In the legal regulation of labor protection, centralized norms of labor legislation are widely combined, which establish a minimum of legal measures for labor protection, with a contractual method that increases, specifies this minimum on the basis of agreements, collective agreements, and labor contracts.

Article 37 of the Constitution of the Russian Federation declares that everyone has the right to work in conditions that meet the requirements of safety and hygiene. The main normative acts on labor protection are:

• 1. Fundamentals of legislation on the protection of the health of citizens;
• 2. Labor Code of the Russian Federation;
• 3. Federal law "On the basics of labor protection in the Russian Federation";
• 4. other regulatory legal acts adopted by the President of the Russian Federation, the Government of the Russian Federation, the Ministry of Labor and Social Development of the Russian Federation, specialized federal inspections for the supervision of labor protection (Goskomsanepidnadzor, Gosgortekhnadzor, etc.).

At present, there are unified industry and intersectoral rules on safety and occupational health, many of which have been taken into standards in order to unify labor protection requirements, and a federal and industry system of labor safety standards has been developed.

Every employee has the right to labor protection, which is a fundamental right enshrined in Art. 37 of the Constitution of the Russian Federation and art. 21 and 219 of the Labor Code of the Russian Federation. The employee realizes the right to labor protection in the course of labor activity.

• 1. a workplace that meets the requirements of labor protection;
• 2. compulsory social insurance against industrial accidents and occupational diseases;
• 3. refusal to perform work in case of danger to his life and health due to violation of labor protection requirements;
• 4. providing means of individual and collective protection at the expense of the employer;
• 5. training in safe working methods at the expense of the employer;
• 6. professional retraining at the expense of the employer in case of liquidation of the workplace due to violation of labor protection requirements;
• 7. appeal to state authorities and local governments, to the employer, to trade unions on labor protection issues;
• 8. personal participation or participation through their representatives in the consideration of issues related to ensuring safe working conditions at his workplace, and in the investigation of an accident at work or an occupational disease that happened to him;
• 9. an extraordinary medical examination (examination) in accordance with medical recommendations with the preservation of his place of work (position) and average earnings during the passage of the specified medical examination (examination);
• 10. compensations established by law, collective agreement, agreement, employment contract, if the employee is engaged in hard work and work with harmful and (or) dangerous working conditions.

Article 220 of the Labor Code of the Russian Federation enshrines the guarantees of the right of workers to work in conditions that meet the requirements of labor protection.

LEGAL AND ORGANIZATIONAL BASES FOR LABOR PROTECTION

1.1. The subject of labor protection. Basic concepts of labor protection

The subject of labor protection

The subject of the scientific discipline "Labor protection" is the system of preserving human life and health in the process of labor activity. Experience shows that any type of human activity should be useful for its existence, but at the same time it can be a source of negative impacts or harm, leads to injuries, diseases, and sometimes ends in complete disability or death. Any activity can cause harm to a person: work in production (labor activity), activities related to the acquisition of knowledge (learning activity) and even various types of recreation and entertainment. Emergency statistics give grounds to assert that any activity is potentially dangerous. This provision forms the basis of the theory and methods for solving a more general problem - ensuring human BZ.

Occupational safety as an academic discipline includes the following sections:

labor protection legislation,

fundamentals of safety,

occupational health and industrial sanitation,

Fire safety.

The problems of ensuring safety and labor protection affect many aspects of the life of labor collectives, labor organization and production management, they are versatile and multifaceted. The difficulty lies in the fact that the solution to safety problems must be provided continuously at every stage of the production and educational process, at every site and at every workplace. The purpose of the course "Labor Protection" is to develop the necessary knowledge, skills and abilities in future teachers in the field of labor protection and safety, taking into account the specifics of their future professional and pedagogical activities.

Basic concepts of labor protection

Occupational Safety and Health- a system for preserving the life and health of employees in the course of their work, including legal, socio-economic, organizational and technical, sanitary and hygienic, medical and preventive, rehabilitation and other measures.

Working conditions- a set of factors of the working environment and the labor process that affect the performance and health of workers.

Harmful production factor- a production factor, the negative impact of which can lead to an employee's illness.

Hazardous production factor- a negative factor, the impact of which on an employee can lead to his injury or a dangerous disease.

Safe working conditions- working conditions under which the impact on workers of harmful or hazardous production factors is excluded or the levels of their impact do not exceed the established standards.

Workplace- the place where the employee must be or to which he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer.

Means of individual and collective protection of workers- technical means used to prevent or reduce the impact on workers of harmful or hazardous production factors, as well as to protect against pollution.

Safety- a set of measures and means by which injuries and diseases of workers are excluded.

1.2. The structure of the legislation of the Russian Federation on labor protection. Types of responsibility

The structure of the legislation of the Russian Federation on labor protection The legislation of the Russian Federation in the field of labor protection is very extensive; it includes: the Constitution of the Russian Federation;

Federal Law "On the Basics of Labor Protection in the Russian Federation";

Labor Code of the Russian Federation (Labor Code of the Russian Federation); Civil Code of the Russian Federation (CC RF);

other federal laws and other regulatory legal acts of the Russian Federation and subjects of the Russian Federation.

The main directions of the state policy in the field of labor protection in accordance with the law are:

ensuring the priority of preserving the life and health of employees; adoption and implementation of federal laws and other regulatory legal acts on labor protection of the Russian Federation, constituent entities of the Russian Federation, as well as federal target, sectoral target and territorial target programs for improving working conditions and labor protection; state management of labor protection;

state supervision and control over compliance with labor protection requirements;

promotion of public control over observance of the rights and legitimate interests of employees in the field of labor protection;

investigation and registration of accidents at work and occupational diseases;

protection of the rights and legitimate interests of employees affected by accidents at work and occupational diseases, as well as members of their families on the basis of compulsory social insurance of employees against accidents at work and occupational diseases;

the establishment of compensation for hard work and work with harmful and (or) dangerous working conditions that cannot be eliminated with the modern technical level of production and labor organization;

coordination of activities in the field of labor protection, environmental protection and other types of economic and social activities; dissemination of advanced domestic and foreign experience in improving working conditions and labor protection;

participation of the state in the financing of labor protection measures; training and advanced training of labor protection specialists; organization of state statistical reporting on working conditions, as well as on industrial injuries, occupational morbidity and their material consequences;

ensuring the functioning of a unified information system for labor protection;

international cooperation in the field of labor protection;

pursuing an effective tax policy that stimulates the creation of safe working conditions, the development and implementation of safe equipment and technologies, the production of means of individual and collective protection of workers;

establishing a procedure for providing employees with personal and collective protective equipment, as well as sanitary facilities and devices, medical and preventive means at the expense of employers.

The state policy of labor protection is most fully implemented only on the condition that employees know the relevant regulatory documents and strongly contribute to their implementation in their areas of production or educational activities.

Rice. one. The structure of normative documentation on labor protection

The objectives of labor (as well as civil, administrative, criminal and other - in terms of norms related to labor protection) legislation are the establishment of state guarantees of labor rights and freedoms of citizens, the creation of favorable working conditions, the protection of the rights and interests of workers and employers, ensuring their social and industrial safety.

The main tasks of labor legislation are to create the necessary legal conditions for achieving optimal coordination of the interests of the parties to labor relations, the interests of the state, as well as the legal regulation of labor relations and other directly related relations in the following areas:

organization of labor and labor management;

employment with this employer;

professional training, retraining and advanced training of employees directly from the employer;

social partnership, collective bargaining, conclusion of collective agreements and agreements;

participation of workers and trade unions in the establishment of working conditions and the application of labor legislation in cases provided for by law;

financial responsibility of employers and employees in the sphere of labor;

supervision and control (including trade union) over compliance with labor legislation (including labor protection legislation);

resolution of labor disputes.

Labor legislation defines the basic rights and obligations of employers and employees in the field of labor protection.

In accordance with the Constitution of the Russian Federation (Article 37), the Federal Law "On the Fundamentals of Labor Protection in the Russian Federation" (Article 8), each employee has the right to safe and harmless working conditions or to refuse to perform work in the event of a danger to his life and health.

When hiring or changing its nature, within the framework of their rights, the employee must be informed of the existing risk of damage to health, instructed and trained in safe methods and methods of work, insured against accidents and occupational diseases.

The employee has the right to a preliminary medical examination, as well as to an extraordinary examination in accordance with medical recommendations. At the same time, the place of work and the average earnings of the employee are preserved.

In case of damage to health as a result of an accident, the employee has the right, personally or through his representative, to participate in its investigation, as well as to compensation for harm caused to him by injury or occupational disease.

In case of liquidation of the workplace due to violation of labor protection requirements, the employee has the right to professional retraining at the expense of the employer.

The state, represented by legislative, executive and judicial authorities, guarantees workers participating in the labor process the right to labor protection.

The terms of the employment contract must comply with the requirements of legislative and other regulatory acts on labor protection. The employment contract specifies reliable characteristics of working conditions, compensations and benefits to employees for hard work and work with harmful or dangerous working conditions.

For the period of suspension of work at the enterprise, in the workshop, at the site, at the workplace due to violation of labor protection legislation, regulatory requirements for labor protection through no fault of the employee, the place of work, position and average earnings are retained.

In accordance with Art. 15 of the Federal Law "On the basics of labor protection in the Russian Federation", as well as Art. 214 of the Labor Code of the Russian Federation, the employee is obliged:

comply with the rules, regulations, instructions for labor protection;

correctly apply collective and individual means of protection;

undergo training, briefing on safe labor practices, preliminary and periodic medical examinations;

immediately inform your immediate supervisor about any accident that occurred at work, about signs of an occupational disease, as well as about a situation that poses a threat to life and health of people.

In addition, employees are required to work honestly and conscientiously, follow the instructions of the administration, comply with the requirements of labor protection and the internal labor regulations of the organization.

For violation of legislative and other regulations on labor protection, employees of organizations may be subject to disciplinary, and, in appropriate cases, material and criminal liability in the manner prescribed by the legislation of the Russian Federation.

The employer is obliged to know the legislation on labor and labor protection, since he is legally and morally responsible for the life, health and well-being of employees from the moment they are enrolled in the organization's staff. Ignorance of normative legal acts does not exempt from liability for their violation.

Of course, it is practically impossible to thoroughly study all laws, government decrees and departmental regulations. It is important to understand their general focus on protecting and ensuring the safety of workers, to study the practice of labor protection, to consult with experienced colleagues, lawyers, and specialists in the field of labor protection and safety.

The federal law "On the basics of labor protection in the Russian Federation", art. 14, as well as art. 212 of the Labor Code of the Russian Federation regulates the obligations of the employer.

First of all, the employer is obliged to comply with labor legislation and labor protection, i.e. ensure:

the mode of work and rest, corresponding to the current standards;

training and instructing employees in safe working methods and techniques;

preliminary (upon admission to work) and periodic (extraordinary) medical examinations of employees;

issuance of special clothing, personal protective equipment, including detergents and disinfectants;

informing employees about working conditions, indicating them in the employment contract, as well as due benefits and compensation for harmful working conditions, if they occur at the workplace, etc.

Jobs must be created in accordance (or brought into compliance) with the requirements of the current rules, sanitary standards and other regulatory documents.

In the course of labor activity, the employer must ensure the certification of workplaces with subsequent certification of work on labor protection in the organization, as well as compulsory social insurance of employees against accidents and occupational diseases.

Types of responsibility

Any violation of safety regulations or non-fulfillment of measures aimed at creating safe working conditions, if this violation or failure to perform duties could lead to or caused accidents with people, is punishable by law, depending on the danger of the violation and the consequences. The following types of liability for violation of labor protection legislation are provided for:

disciplinary;

administrative;

material;

criminal.

For committing disciplinary action, i.e. non-performance or improper performance by the employee due to his fault of the labor duties assigned to him, the employer has the right to apply disciplinary sanctions. A disciplinary sanction for violation of labor protection legislation is a remark, reprimand and dismissal on appropriate grounds.

Unlike disciplinary, in accordance with the Code of the Russian Federation on Administrative Offenses to administrative responsibility managers, officials and other responsible employees are involved. The decision to impose a penalty in the form of fines of various sizes is made by inspectors or heads of state supervision bodies.

Material liability as a consequence of a violation of labor protection rules occurs in cases where, as a result of a violation of these rules, material damage has been caused to the state or to the victims. The procedure for compensation for material and moral damage is determined by a court decision or officials on the basis of Art. 1064–1101 of the Civil Code of the Russian Federation.

The decision on criminal liability in accordance with the Criminal Code of the Russian Federation (Criminal Code of the Russian Federation) is taken in court. The objects of responsibility are persons who have committed violations of labor protection rules that could lead (or have caused) accidents with serious consequences. The amount of sanctions, which include removal from office, a fine, imprisonment, correctional labor, is determined by the court.

Criminal liability for crimes related to violation of security rules, is provided for by the following articles of the Criminal Code of the Russian Federation:

Article 143 , or other income of the convicted person for a period of two to five months, or by corrective labor for up to two years. The same act, negligently resulting in the death of a person, shall be punishable by imprisonment for up to five years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years.

Article 219. Violation of fire safety rules.

1.3. Bodies of control and supervision over safety and labor protection in the Russian Federation

In accordance with Art. 20 of the Federal Law "On the Fundamentals of Labor Protection in the Russian Federation", state control and supervision over compliance with legislative and other normative acts on labor protection is carried out by the federal body of control and supervision, as well as by the relevant bodies of the constituent entities of the Russian Federation.

There are the following types of control and supervision over compliance with labor protection legislation:

state;

departmental;

public.

State control in the field of labor protection are carried out by specially authorized state bodies and inspections:

Federal Labor Inspectorate under the Ministry of Labor and Social Development of the Russian Federation (since 2004 - Ministry of Health and Social Development of the Russian Federation) or Rostrudinspektsiya. Formed in accordance with Decree of the President of the Russian Federation of May 4, 1994 No. 850;

Federal mining and industrial supervision 1 of Russia (Gosgor-tekhnadzor of Russia). Regulations on Gosgortekhnadzor of Russia approved by Decree of the President of the Russian Federation of February 18, 1993 No. 284. Supervises the safe conduct of work in industry, the arrangement and safe operation of equipment. Gosgortekhnadzor of Russia also carries out licensing of certain types of activities associated with an increased risk of industrial production (objects) and work;

Federal Supervision of Russia for Nuclear and Radiation Safety 1 (Gosatomnadzor of Russia). The regulation on Gosatomnadzor of Russia was approved by the Decree of the President of the Russian Federation dated September 16, 1993 No. 636-rp. Carries out state regulation and supervision of safety in the production, circulation and use for peaceful and defense purposes of atomic energy, nuclear materials, radioactive substances. Gosatomnadzor of Russia also licenses activities related to the use of atomic energy and nuclear materials;

State Energy Supervision (Gosenergonadzor). In accordance with the Regulations on the State Energy Supervision in the Russian Federation, approved by a resolution of the Council of Ministers, it monitors the technical condition and safety of maintenance of electrical and heat-using installations;

The Department of Sanitary and Epidemiological Surveillance within the Ministry of Health of Russia (Gossanepidnadzor) exercises state sanitary and epidemiological supervision over compliance by enterprises and organizations with hygiene standards, sanitary and hygienic and sanitary and anti-epidemiological rules. The regulation on the state sanitary and epidemiological service of the Russian Federation was approved by the Decree of the Government of the Russian Federation of July 24, 2000 No. 554;

State examination of working conditions. The regulation on the State Expertise of Working Conditions was approved by Resolution No. 557 of the Council of Ministers of the Russian Federation dated December 3, 1990. The functions of this body are discussed in the section “Expertise of Working Conditions”;

Gosstandart of Russia exercises state supervision over the implementation and observance of the System of Labor Safety Standards (SSBT) through its territorial bodies (state supervision laboratories, standardization and metrology centers) independently or jointly with the technical labor inspectorate of the central committees and councils of trade unions;

The Department of Road Safety of the Ministry of Internal Affairs of Russia (Gosavtoinspektsiya - GAI) allows the commissioning of new and out of repair cars, monitors the technical condition of road transport at enterprises, farms and institutions;

State fire supervision in the Russian Federation in accordance with the Federal Law of December 21, 1994 No. 69-FZ “On Fire Safety” (Article 5) is organized and carried out by the State Fire Service, which is the main type of fire protection. Until December 31, 2001, it was part of the Ministry of Internal Affairs of the Russian Federation, and is currently part of the Russian Emergencies Ministry.

All ministries and departments are departmental (intradepartmental) control compliance with labor laws at their subordinate enterprises and facilities. Some ministries and departments are also endowed with the rights of interdepartmental (state) control, as already mentioned earlier.

Departmental control on labor protection is carried out by a higher organization by subordination. Departmental control also includes control exercised by the labor protection and safety service of a given enterprise, educational institution.

public control the state of labor protection is carried out by trade unions represented by their respective bodies or other representative bodies authorized by employees. In addition, public control by various associations, foundations, movements, parties, the media and individual citizens is also increasingly developing. This is an important element in the formation in Russia of a modern civil society based on the principles of democracy.

The highest supervision over the exact and uniform execution of labor laws is exercised by the Prosecutor General of the Russian Federation with subordinate prosecutors subordinate to him.

State supervision and control over compliance with labor and labor protection legislation is centrally performed by the Federal Labor Inspectorate.

The current (administrative and public) control of the state of working conditions at workplaces is carried out using a multi-stage control mechanism that has proven itself well at domestic enterprises.

Administrative and public control of labor protection in the field of education carried out jointly by the administration, the elected trade union body of the educational institution and the educational authorities. In order to systematically monitor compliance with the requirements of labor protection legislation in educational institutions, a four-stage control system is organized.

I step. Control is carried out by heads of classrooms, training workshops, sports halls, educators, leaders of circles and sections, who daily before the start of work (classes) check workplaces, serviceability of equipment and tools. If deviations from the rules and norms of labor protection, industrial sanitation, fire safety, electrical safety are found, the shortcomings that can be eliminated immediately are eliminated immediately, the rest are recorded in the journal of administrative and public control.

II stage. Control is carried out by the deputy head of the educational institution, the head of the economy, authorized (trusted) persons for labor protection, who once a quarter check the state of labor protection, fire safety, electrical safety and industrial sanitation in all premises of the educational institution, take measures to eliminate the identified shortcomings. Shortcomings, the elimination of which requires a certain time and cost, are recorded in the journal of administrative and public control indicating the deadlines, performers and report them to the head of the educational institution.

III step. Control is carried out by the head of the educational institution together with the chairman of the elected trade union body, who once every six months study the materials of the second stage of administrative and public control, on the basis of the results of the analysis, check the state of labor protection, hear at joint meetings of the administration and the elected trade union body responsible for the implementation of the agreement on labor protection, plans, orders, instructions, analyze the accidents that have occurred. Based on the verification and discussion of issues on the state of labor protection, an order is issued by the head of the educational institution.

IV step. The control is carried out by the commission for the acceptance of educational institutions for the new academic year and the higher education authority.

1.4. Labor protection for women. Features of labor protection of youth. Legal regulation of teacher's work

Women's labor protection

Special labor safety conditions for women are defined in Chapter 41 of the Labor Code of the Russian Federation.

It is forbidden to use the labor of women in work related to lifting and manually moving loads that exceed the maximum allowable norms for them (Article 253 of the Labor Code of the Russian Federation).

The use of women's labor in hard work and work with harmful and (or) dangerous working conditions, as well as underground work, is limited, with the exception of non-physical work or work in sanitary and domestic services (Article 253 of the Labor Code of the Russian Federation).

It is forbidden to send pregnant women on business trips, to engage in overtime work, work at night, weekends and non-working holidays of pregnant women (Article 259 of the Labor Code of the Russian Federation).

Sending on business trips, engaging in overtime work, work at night, weekends and non-working holidays of women with children under the age of 3 years is allowed only with their written consent and provided that this is not prohibited by their medical recommendations. These guarantees are also provided to employees who have children with disabilities or disabled from childhood until they reach the age of eighteen, as well as employees who care for sick members of their families in accordance with a medical report (Article 259 of the Labor Code of the Russian Federation).

At the present time, Decree of the Government of the Russian Federation dated February 25, 2000 No. 162 “On approval of the list of heavy work and work with harmful or dangerous working conditions, in the performance of which the use of women's labor is prohibited” is in force.

In accordance with the Sanitary Rules and Norms (SanPiN) 2.2.2.1327-03 "Hygienic requirements for the organization of technological processes, production equipment and working tools", approved by the Decree of the Chief State Sanitary Doctor of the Russian Federation dated May 25, 2003 No. 100, optimal and permissible values indicators of the severity and intensity of labor process factors for women are:

lifting and moving (one-time) gravity when alternating with other work (up to 2 times per hour): optimal - up to 5 kg, permissible - up to 10 kg;

lifting and moving (one-time) gravity constantly during a work shift: optimal - up to 3 kg, permissible - up to 7 kg;

the total mass of goods moved during each hour of the shift:

from the working surface: optimal - up to 100 kg, permissible - up to 350 kg;

from the floor: optimal - up to 50 kg, permissible - up to 175 kg. Features of youth labor protection

Youth labor is legally defined in the Labor Code of the Russian Federation. Adolescents and youth (persons under 18) are also entitled to special labor safety conditions (Chapter 42 of the Labor Code of the Russian Federation). According to the current legislation:

the conclusion of an employment contract is allowed with persons who have reached the age of 16 (Article 63 of the Labor Code of the Russian Federation);

it is prohibited to use the labor of persons under 18 years of age in heavy work and in work with harmful or dangerous working conditions, as well as in underground work (Article 265 of the Labor Code of the Russian Federation);

it is forbidden to involve workers under 18 years of age in night and overtime work and work on weekends (Article 268 of the Labor Code of the Russian Federation);

employees under the age of 18 are subject to an annual mandatory medical examination (Article 266 of the Labor Code of the Russian Federation);

all persons under the age of 21 are hired only after a preliminary medical examination (Article 266 of the Labor Code of the Russian Federation);

annual leave for employees under the age of 18 is granted for 31 calendar days at a time convenient for them (Article 267 of the Labor Code of the Russian Federation).

Decree of the Government of the Russian Federation of February 25, 2000 No. 163 “On approval of the list of hard work and work with harmful or dangerous working conditions, during which it is prohibited to use the labor of persons under eighteen years of age” regulates the work of young people under adverse working conditions.

An important element of the system of labor education is the socially useful work of students. The content of socially useful work of students is also determined taking into account their age and health. The main areas of work of students are:

improvement and gardening of the territory of an educational institution;

work on a personal plot;

measures for nature protection;

self-service (works performed for the school), etc.

At the same time, hotel types of work hazardous to the health and life of students are prohibited. You can not involve students in work associated with a large physical load that does not correspond to age. For example, children in grades 1-4 are not allowed to wash floors, wash curtains and curtains. Adolescents in grades 5–9 are prohibited from loading and unloading heavy loads, cleaning the roof of snow, cleaning the area around the institution from snow and ice, washing and wiping lighting fixtures, washing window panes on any floor of the building, excavation and construction work, cleaning bathrooms and washrooms , cleaning and garbage disposal.

Decree of the Ministry of Labor of Russia dated April 7, 1999 No. 7 regulates the norms for maximum permissible loads for persons under 18 years of age when lifting and moving weights manually (Table 1).

Table 1

Norms of maximum permissible loads for persons under 18 years of age

SanPiN 2.4.6.664-97 "Hygienic Criteria for Permissible Conditions and Types of Work for Vocational Training and Labor of Teenagers" contains a list of conditions and types of work where industrial training for teenagers under 18 is prohibited.

A. Particularly harmful conditions

1. Harmful chemicals (obtaining and using in open form):

extremely dangerous and highly dangerous of the 1st and 2nd hazard class;

having a carcinogenic effect;

capable of causing allergic diseases in industrial conditions;

aerosols with a pronounced fibrogenic effect, having a maximum allowable concentration (MPC) of 2 mg/m 3 ;

substances with a highly directed mechanism of action; irritant substances.

2. Work with vibration equipment and vibration tools.

3. Work with lasers of 2-4 hazard classes.

4. Ionizing radiation (all types of work with radioactive substances and sources of ionizing radiation).

5. Working with ultrasound during contact transmission.

6. Work with pathogens of infectious diseases, with infected materials and materials infected with helminths, work with blood and laboratory work on the study of tumors.

7. Servicing tuberculosis, infectious and skin-venereal patients.

8. Work with narcotic, psychotropic, sleeping pills.

9. Working with poisonous and potent plants and medicinal raw materials (plants and raw materials related to list B).

10. Work related to the processing and production of tobacco and shag products.

11. Work related to the production of ethyl alcohol and the production of alcoholic products.

B. Work with increased risk of injury

1. Work with explosive substances.

2. Works on the production, processing and direct use of flammable substances.

3. Work under voltage of 127 V and above.

4. Climbing work, all work at height.

5. Work in caissons, pressure chambers, diving operations.

6. Work with equipment under pressure above atmospheric.

7. Work underground.

8. Work on maintenance of mechanisms with open moving parts (transmissions, conveyors, winches, chains, etc.).

B. Heavy and high-intensity work

1. All work related to the transfer of weights above the standards for teenagers or taking more than 1/3 of the working day.

2. Night shift work, overtime work, weekend work.

3. Piece-by-piece or other works with the maximum rate of work, with special payment.

D. Works that can have a negative impact on the mental and moral state

1. Work with corpses and cadaveric material (in morgues, dissecting rooms, crematoria, cemeteries, making visual aids).

2. Work on the slaughter of livestock, trapping and destruction of animals, processing of animal corpses.

3. Work in psychiatric hospitals, boarding schools, dispensaries, including departments for the treatment of narcological patients in other medical institutions, work in hospices.

Notes.

1. Acceptable for the use of labor of adolescents are the optimal and permissible (1 and 2) classes of working conditions.

2. Adolescents may be admitted to the types of work and professions that meet the above requirements for independent work from the age of 15 and employment in their free time from study from the age of 14.

3. According to the types and conditions of work classified as prohibited for independent work, industrial training and practice may be allowed while reducing the time of exposure to harmful production factors and limiting their intensity. Wherein:

working conditions should not exceed class 3.1 in terms of harmfulness (see clause 2.1);

students who have reached the age of 16 and have undergone a medical examination in accordance with the current regulatory documents are allowed to practice;

the duration of the working day should not exceed 1/2 of the working day of adult employees.

The regulation on the organization of socially useful, productive work of students in general education schools, approved by order of the Ministry of Education of the USSR dated May 11, 1985 No. 81, indicates the duration of work of students in general education schools during holidays as part of labor associations and in camps:

for students in grades 2-4 - up to 2 hours a day;

for students in grades 5-7 - up to 3 hours a day;

for students in grades 8-9 - up to 4 hours a day;

for students in grades 10-11 - up to 6 hours a day.

The duration of the annual labor practice of students of general education schools:

for students in grades 5-7 - 10 days, 3 hours a day;

for students in grades 8–9 - 16 days, 4 hours a day;

for students in grades 10-11 - 20 days, 6 hours a day.

Regulations on the procedure and conditions for voluntary work of students of general education and vocational schools in their free time, approved by the resolution of the State Committee for Labor and the State Committee for Public Education dated June 3, 1988 No. 343 / 90-01-490 / 2 5-01 / 17- 30/43/34-a regulates the duration of work of students of general education schools in their free time from study:

during the academic year:

for students from 14 to 16 years old - 12 hours a week and up to 2 hours a day; for students from 16 to 18 years old - 18 hours a week and up to 3 hours a day; during holidays:

for students from 14 to 16 years old - 24 hours a week and up to 4 hours a day; for students from 16 to 18 years old - 36 hours a week and up to 6 hours a day.

Note. When rationing the work of students, one should proceed from the hourly rate of output of adults. At the same time, for adolescents under 16 years of age, the hourly rate should not exceed 60% of the hourly rate of adults, for adolescents from 16 to 18 years old - 75%.

Legal regulation of teacher's work

In accordance with the Constitution of the Russian Federation, every citizen has the right to work that he freely chooses or to which he freely agrees, the right to dispose of his abilities for work, to choose a profession and occupation, as well as the right to protection from unemployment.

Each employee has the right (Article 21 of the Labor Code of the Russian Federation):

on working conditions that meet the requirements of safety and hygiene;

for compensation for harm caused by damage to health in connection with work;

to equal remuneration for equal work without any discrimination and not below the minimum amount established by law;

for rest, provided by the establishment of the maximum duration of working hours, reduced working hours for a number of professions and jobs, the provision of weekly days off, holidays, and paid annual holidays;

to join trade unions;

for compulsory social insurance and provision by age, in case of disability and in other cases established by law;

for judicial protection of their labor rights, etc.

Working conditions are included in the employment contract and must comply with the requirements of the Federal Law "On the Fundamentals of Labor Protection in the Russian Federation" (Article 9) and the Labor Code of the Russian Federation, as well as other regulatory legal acts (collective agreements).

Labor contract- an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure the working conditions provided for by the Labor Code of the Russian Federation, laws and other regulatory legal acts, a collective agreement, agreements, local regulations containing labor law norms, timely and in full to pay wages to the employee, and the employee undertakes to personally perform the labor function determined by this agreement, to comply with the internal labor regulations in force in the organization.

In the Russian Federation, an employment contract can be concluded with any employee. An unreasonable refusal to conclude an employment contract is prohibited (Article 64 of the Labor Code of the Russian Federation).

The employment contract specifies (Article 57 of the Labor Code of the Russian Federation):

last name, first name, patronymic of the employee and the name of the employer (last name, first name, patronymic of the employer - an individual) who entered into an employment contract,

place of work (indicating the structural unit);

date of commencement of work;

the name of the position, specialty, profession, indicating qualifications in accordance with the organization's staffing table or a specific labor function. If, in accordance with federal laws, the provision of benefits or restrictions is associated with the performance of work in certain positions, specialties or professions, then the names of these positions, specialties or professions and the qualification requirements for them must correspond to the names and requirements specified in the qualification reference books approved in the order established by the Government of the Russian Federation;

the rights and obligations of the employee;

the rights and obligations of the employer;

characteristics of working conditions, compensations and benefits to employees for work in difficult, harmful and (or) dangerous conditions;

the regime of work and rest (if it differs from the general rules established in the organization in relation to this employee);

terms of remuneration (including the size of the tariff rate or official salary of the employee, additional payments, allowances and incentive payments);

types and conditions of social insurance directly related to labor activity, etc.

The terms of the employment contract can be changed only by agreement of the parties and in writing.

If a fixed-term employment contract is concluded, it shall indicate the period of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract.

Employment contracts may be concluded:

For undefined period;

for a fixed period of not more than five years (fixed-term employment contract), unless a different period is established by the Labor Code of the Russian Federation and other federal laws.

If the employment contract does not specify the term of its validity, then the contract is considered concluded for an indefinite period.

A fixed-term employment contract is concluded in cases where the employment relationship cannot be established for a specific period. with taking into account the nature of the work to be done or the conditions for its implementation, the interests of the employee, etc.

The employer can establish a probationary period for a hired employee and, if the results of the test are unsatisfactory, terminate the employment contract without the consent of the elected trade union body of the organization (Article 71 of the Labor Code of the Russian Federation). In addition, the basis for terminating an employment contract is (Article 77 of the Labor Code of the Russian Federation):

agreement of the parties;

expiration of the term (clause 2, article 58 of the Labor Code of the Russian Federation), except for cases when the employment relationship actually continues and none of the parties has demanded their termination;

conscription or admission of an employee to military service;

termination of the employment contract at the initiative of the employee (Article 80 of the Labor Code of the Russian Federation);

termination of the employment contract at the initiative of the employer

(Article 81 of the Labor Code of the Russian Federation);

transfer of an employee with his consent to another organization or transfer to an elective position;

refusal of the employee to continue work in connection with a change in the essential terms of the employment contract (Article 73 of the Labor Code of the Russian Federation);

for health reasons, if, according to the conclusion of the medical and social expert commission (MSEC), the employee is recognized as disabled, etc.

In the latter case, the administration of the organization is obliged to terminate the employment contract, including a fixed-term one, before its expiration.

In the event of termination of the employment contract in accordance with paragraph 11 of Art. 77 of the Labor Code of the Russian Federation, the employer pays the employee a severance pay in the amount of the average monthly earnings, if the violation of the rules for concluding an employment contract is not the fault of the employee.

The employment contract comes into force from the day it is signed by the employee and the employer. The employee is obliged to start performing labor duties from the day specified in the employment contract.

Working hours and rest time. The duration and types of the working day are established by the Labor Code of the Russian Federation. Normal working hours - no more than 40 hours a week (Article 91 of the Labor Code of the Russian Federation). The reduced working hours are established by art. 92 of the Labor Code of the Russian Federation.

Normal hours of work are reduced by:

16 hours per week - for employees under the age of 16; 5 hours a week - for employees who are disabled people of groups I and II;

4 hours per week - for employees aged 16 to 18;

4 hours a week or more - for workers employed in work with harmful and (or) dangerous working conditions, in the manner established by the Government of the Russian Federation.

The duration of daily work (shift) cannot exceed (Article 94 of the Labor Code of the Russian Federation):

for employees aged 15 to 16 years - 5 hours, aged 16 to 18 years - 7 hours;

for students of general educational institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, aged 14 to 16 years - 2.5 hours, aged 16 to 18 years - 3.5 hours;

for the disabled - in accordance with the medical report.

For workers employed in jobs with harmful and (or) dangerous working conditions, where reduced working hours are established, the maximum allowable duration of daily work (shift) cannot exceed:

with a 36-hour work week - 8 hours;

with a 30-hour work week or less - 6 hours.

The duration of work of employees on the eve of holidays and weekends is reduced by 1 hour (Article 95 of the Labor Code of the Russian Federation).

Part-time work may be established by agreement between the employee and the employer. Remuneration is made in proportion to the hours worked or depending on the amount of work performed.

Work outside the normal working hours can be carried out both at the initiative of the employee (part-time work) and at the initiative of the employer (overtime work).

The employee has the right to conclude an employment contract with another employer on the terms of an external part-time job.

Work outside normal working hours may not exceed 4 hours per day and 16 hours per week.

Overtime work must not exceed 4 hours for each employee within two days and 120 hours per year.

The working time regime is established by a collective agreement or internal labor regulations or other regulatory legal acts (Article 100 of the Labor Code of the Russian Federation).

A break for rest and meals for employees is provided for a duration of not more than 2 hours and not less than 30 minutes. A break is not included in working hours (Article 107 of the Labor Code of the Russian Federation).

Days off are provided in the following number:

2 days with a 5-day work week;

1 day for a 6 day work week.

When employees are involved in work on weekends and holidays in organizations, the suspension of work of which on weekends and holidays is impossible due to production conditions, employees are provided with another day of rest on different days of the week.

In Art. 112 of the Labor Code of the Russian Federation provides a list of non-working holidays. Engagement of employees to work on weekends and non-working holidays is carried out by written order of the employer.

Vacation regulations. It has been established that employees are provided with an annual basic paid leave of 28 calendar days. Along with this, the labor legislation retains the current system of additional holidays.

Annual additional paid holidays are granted to employees employed in jobs with harmful and (or) dangerous working conditions, employees with a special nature of work, employees with irregular working hours, employees working in the Far North and equivalent areas, as well as in other cases provided for by federal laws.

Organizations, taking into account their production and financial capabilities, may independently establish additional holidays for employees, unless otherwise provided by federal laws. The procedure and conditions for granting these holidays are determined by collective agreements or local regulations (Article 116 of the Labor Code of the Russian Federation).

Lists of industries, jobs, professions and positions, work in which gives the right to additional paid leave for work with harmful and (or) dangerous working conditions, as well as the minimum duration of this leave and the conditions for its provision are approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission on regulation of social and labor relations.

For family reasons and other valid reasons, an employee may be granted unpaid leave upon his written application, the duration of which is determined by agreement between the employee and the employer. The employer is obliged, on the basis of a written application of the employee, to grant unpaid leave. Depending on the category of employees, the duration of this vacation can be from 14 to 60 calendar days a year (Article 128 of the Labor Code of the Russian Federation).

Forced leave without pay at the initiative of the employer is not provided for by labor legislation.

Wage. Wage regulation is carried out in accordance with the Labor Code of the Russian Federation. The maximum wage is not limited (Article 132 of the Labor Code of the Russian Federation), but this does not apply to the public sector, where wages are determined based on the certification of employees and the Unified Tariff Scale.

In addition to the direct payment of wages, labor legislation retained such payments as bonuses, remuneration based on the overall results of work for the year, fixed in the relevant provisions, in collective and labor contracts.

Work on weekends and non-working holidays is paid at least twice:

employees whose work is paid at daily and hourly rates - in the amount of at least double the daily or hourly rate;

employees receiving a monthly salary - in the amount of at least a single daily or hourly rate in excess of the salary.

At the request of an employee who worked on a weekend or non-working holiday, he may be given another day of rest (Article 153 of the Labor Code of the Russian Federation).

The specific size of the increase is established by the employer, taking into account the opinion of the representative body of employees, the collective agreement, the labor contract (Article 154 of the Labor Code of the Russian Federation).

Features of the regulation of labor protection of pedagogical workers. Persons with an educational qualification, which is determined in the manner established by the model regulations on educational institutions of the relevant types and types, approved by the Government of the Russian Federation, are allowed to engage in pedagogical activity. Persons to whom this activity is prohibited by a court verdict or for medical reasons, as well as persons who have been convicted for certain crimes, are not allowed to teach. Lists of relevant medical contraindications and crimes, in the presence of which persons are not allowed to teach, are established by federal laws (Article 331 of the Labor Code of the Russian Federation).

The replacement of all positions of scientific and pedagogical workers in a higher educational institution is carried out under an employment contract concluded for a period of up to five years.

When filling positions of scientific and pedagogical workers in a higher educational institution, with the exception of the dean of the faculty and the head of the department, the conclusion of an employment contract is preceded by a competitive selection. The regulation on the procedure for filling these positions is approved in the manner established by the Government of the Russian Federation.

The positions of the dean of the faculty and the head of the department of a higher educational institution are elective. The procedure for elections to these positions is determined by the statutes of higher educational institutions.

In state and municipal higher educational institutions, the positions of rectors, vice-rectors, deans of faculties, heads of branches (institutes) are filled by persons not older than sixty-five years, regardless of the time of conclusion of employment contracts. Persons holding these positions and having reached the specified age are transferred, with their consent, to other positions corresponding to their qualifications. Vice-rectors are hired under a fixed-term employment contract. The expiration date of a fixed-term employment contract concluded by the vice-rector with a higher educational institution coincides with the expiration date of the rector's powers. On the proposal of the academic council of a higher educational institution, the founder (founders) has the right to extend the tenure of the rector in office until he reaches the age of seventy years. On the proposal of the academic council of a higher educational institution, the rector has the right to extend the term of office of vice-rector, dean of the faculty, head of the branch (institute) until they reach the age of seventy years (Article 332 of the Labor Code of the Russian Federation).

For teaching staff of educational institutions, a reduced working time is established - no more than 36 hours per week.

The teaching load of a pedagogical worker of an educational institution, stipulated in an employment contract, may be limited by the upper limit in cases provided for by the model regulation on an educational institution of the appropriate type and type, approved by the Government of the Russian Federation.

Depending on the position and (or) specialty, for pedagogical workers of educational institutions, taking into account the characteristics of their work, the duration of working hours (norms of hours of pedagogical work for the wage rate) is determined by the Government of the Russian Federation. Teaching staff are allowed to work part-time, including in a similar position, in a similar specialty (Article 333 of the Labor Code of the Russian Federation).

The teaching staff of an educational institution is provided with an annual basic extended paid leave, the duration of which is determined by the Government of the Russian Federation (Article 334 of the Labor Code of the Russian Federation).

Pedagogical employees of an educational institution, at least every 10 years of continuous teaching work, are entitled to a long vacation for up to one year, the procedure and conditions for providing which are determined by the founder and (or) the charter of this educational institution (Article 335 of the Labor Code of the Russian Federation).

In addition to the grounds provided for by the Labor Code of the Russian Federation and other federal laws, the grounds for terminating an employment contract with a teacher of an educational institution are:

repeated within one year gross violation of the charter of the educational institution;

the use, including a single one, of methods of education associated with physical and (or) mental violence against the personality of a student, pupil;

achievement by the rector, vice-rector, dean of the faculty, head of the branch (institute), state or municipal educational institution of higher professional education of the age of sixty-five years (Article 336 of the Labor Code of the Russian Federation).

1.5. Investigation and record of accidents

Industrial injuries

Occupational injuries and occupational diseases are complex multifactorial phenomena caused by the action of dangerous and harmful factors on a person in the course of his labor activity.

work injury(from Greek. trauma- wound, damage) - damage to the human body or a violation of its proper functioning, which occurred suddenly under the influence of any hazardous production factor and caused by non-compliance with labor safety requirements.

Occupational injuries are divided into the following groups according to the nature of damage:

mechanical (bruises, cuts, tissue ruptures, fractures, etc.);

thermal (heat strokes, burns, frostbite);

chemical (burns, acute poisoning);

electrical (burns, tissue rupture, etc.);

radiation (tissue damage, disruption of the hematopoietic system);

combined (various consequences of the simultaneous impact of several factors).

The result of an injury may be temporary or permanent disability, death.

Under the term industrial accident understand the case, as a result of which there was an impact on a working hazardous production factor in the performance of his duties or tasks of the work manager (teacher).

Accidents are divided into individual and group (when two or more people are injured at the same time).

All accidents resulting in long-term temporary disability or death, depending on the place and circumstances under which they occurred, are divided into work-related accidents (which in turn are divided into occupational and non-occupational accidents) and domestic accidents.

Investigation of industrial accidents The main objectives of the investigation of accidents are: establishing the causes of the accident and determining measures for urgent elimination of the causes of injury;

identification of officials and other persons guilty of violations that led to the accident; determining which requirements of the rules and regulations have been violated;

bringing guilty persons to responsibility on the basis of legislation and other regulatory legal acts.

The circumstances, causes and consequences of each accident, as a rule, are different, but they must be reliably established for an objective assessment of all parties to the accident.

After the investigation and the relevant conclusions registered in the act of the established form and other documents, it is necessary to solve the following tasks:

issuance and payment of benefits for temporary disability;

appointment of insurance payments from the branch of the Social Insurance Fund (FSS);

establishment and accrual of pensions and other compensations to victims, and in the event of his death - to dependents.

This work is preceded by determining the degree of loss of professional ability to work, the degree of guilt of the victim, a possible investigation of the insured event by the FSS department, etc.

The main provisions of the procedure for investigating accidents are set out in the Labor Code of the Russian Federation (Articles 227-231), and the features of investigating industrial accidents in certain industries and organizations are defined in the Appendix to the Decree of the Ministry of Labor of Russia dated October 24, 2002 No. 73. These regulatory legal acts establish a unified procedure for investigating and recording accidents.

Accidents that occurred when an employee performed his labor duties (works) on the territory of the organization or outside it, as well as while traveling to the place of work or from work on the transport provided by the organization, are subject to investigation and accounting.

Almost all accidents associated with injury or acute poisoning, resulting from explosions, accidents, traffic accidents, etc., resulting in temporary or permanent disability or death of the victim, are subject to investigation.

An accident at work is an insured event if it occurred to an employee who is subject to compulsory social insurance against accidents at work and occupational diseases (hereinafter referred to as the "insured person").

When reporting an accident, the employer must ensure:

providing first aid to the victim;

formation of an accident investigation commission; preservation of the situation at the workplace until the investigation;

taking emergency measures to eliminate the emergency. The employer is obliged to report about a group accident, a serious accident and a case with a fatal outcome: to the state labor inspectorate;

to the prosecutor's office at the scene of the accident;

to the executive authorities of the constituent entity of the Russian Federation and the federal agency by departmental affiliation;

in the territorial association of trade unions.

Cases of acute poisoning are also reported to the territorial center of the State Sanitary and Epidemiological Supervision.

If an accident occurs with the insured at work, the employer is obliged to report this to the executive body of the FSS of the Russian Federation (at the place of registration as an insurer) within 24 hours.

The employer is obliged to ensure the timely investigation of the accident at work and its recording.

To investigate a minor accident at work, the employer immediately creates a commission of at least 3 people. The commission includes:

labor protection specialist (or a person appointed by the order of the employer to be responsible for organizing work on labor protection);

employer representatives;

representatives of a trade union body or other representative body authorized by employees (for example, a member of a committee or commission on labor protection from among the representatives of employees, an authorized representative for labor protection).

The commission is headed by the employer or a person authorized by him. The composition of the commission is approved by the order of the employer. The head directly responsible for labor safety at the site where the accident occurred is not included in the commission.

The composition of the commission for the investigation of a group, severe accident and an accident with a fatal outcome, in addition to the named persons, includes:

state inspector for labor protection (chairman);

a representative of an executive authority of a constituent entity of the Russian Federation or a local self-government body;

representative of the territorial association of trade unions.

To investigate group accidents with a death toll of 5 or more people, the commission also includes representatives of the Federal Labor Inspectorate, the federal executive body for departmental affiliation and the all-Russian association of trade unions. The chairman of the commission is the chief state inspector for labor protection in the constituent entity of the Russian Federation, and at facilities controlled by the territorial body of Rostekhnadzor of Russia, the head of this territorial body. This category of accidents must be investigated by the commission within 15 days. In case of major accidents with 15 or more casualties, the investigation is carried out by a commission appointed by the Government of the Russian Federation.

The interests of the victim in the investigation commission may be represented by a trustee. The confidant of the victim may be his relatives, colleagues, etc. In case of group accidents, there may be several confidants (from each victim). The authorized person, not being a member of the commission, takes part in the investigation of the accident, i.e., participates in the interview of witnesses and eyewitnesses, in compiling materials characterizing the scene of the incident, gets acquainted with the necessary documents, etc.

An investigation into the circumstances and causes of an accident at work (which is not a group accident and does not fall into the category of severe or fatal) is carried out by the commission within 3 days. The commission first of all proceeds to clarify the circumstances of the accident: examining the place, collecting explanations from officials, finding out what equipment was the source of the injury, analyzing its characteristics (passport, technical conditions, certificate, etc.). If necessary, the commission, with the involvement of relevant specialists, can conduct an examination of the compliance of the equipment or its individual parts with the requirements of state standards (GOST), technical specifications, current rules and regulations, etc.

The following documents are included in the investigation materials: an order to establish a commission, plans, diagrams, sketches, photos or video materials, extracts from magazines, protocols for testing the knowledge of victims, expert opinions of specialists, documents confirming the issuance of overalls and other personal protective equipment to the victim, and other materials .

Based on the collected data and materials, the commission establishes the circumstances and causes of the accident, determines the connection of the accident with the production activities of the organization and qualifies the accident as an accident at work or an accident not related to with production; determines the persons who have committed violations of safety and labor protection requirements, legislative and other regulatory legal acts, and measures to eliminate the causes and prevent accidents.

An act on the investigation of a group accident at work, a severe accident at work, an accident at work with a fatal outcome with documents and materials of the investigation and copies of acts in the form H-1 for each injured person, the chairman of the commission, within 3 days after their approval, sends to the prosecutor's office to which the accident at work was reported. Copies of these documents are also sent to the State Labor Inspectorate for the subject of the Russian Federation, to the territorial body of state supervision - for accidents that occurred in organizations controlled by them, as well as to the Department of State Supervision and Control over Compliance with Legislation on Labor and Labor Protection of the Ministry of Health and Social Development of Russia and federal executive body by departmental affiliation to analyze the state and causes of industrial injuries in the Russian Federation and develop proposals for its prevention.

Accounting for accidents at work

The main documents for the investigation of accidents at work are the report on the accident at work in the form H-1, drawn up for each accident, and the report on the investigation of an accident, drawn up based on the results of the investigation of a group accident, a severe accident and an accident with a fatal outcome. In addition, the records of interviews with the victim, work supervisors, eyewitnesses and other persons must be attached to the materials of the investigation. An act in the form of H-1 is an official legal document and must be completed in accordance with generally accepted terms and classifiers of causes and traumatic factors.

Each accident at work with loss of ability to work for 1 day or more is drawn up by an act in the form of H-1 in two copies. In case of a group accident, an act in the form of H-1 is drawn up for each victim separately. If the accident occurred with an employee of another organization, then an act in the form of H-1 is drawn up in three copies, two of which, together with the rest of the investigation materials, are sent to the organization whose employee is the victim. The third copy of the act and other materials of the investigation remains in the organization where the accident occurred. In the event of an insured event, the named documents and acts in the form of H-1 are also sent to the executive body of the FSS at the place of registration of insurance. Accidents not related to production are documented by acts of arbitrary form. The act with the materials of the investigation, including the act in any form, is kept for 45 years.

The employer, within 3 days after the approval of the act in the form of H-1, is obliged to issue one copy of the specified act to the victim, and in case of an accident at work with a fatal outcome, to the relatives of the deceased or his authorized representative.

Acts in the form H-1 are registered by the employer in the register of accidents at work in the prescribed form. Each accident at work, drawn up by an act in the form of H-1, is included in the statistical report on temporary disability and injuries at work.

Disagreements on the issues of investigation, registration and accounting of industrial accidents, non-recognition by the employer (authorized representative) of the accident, refusal to investigate the accident and draw up the relevant act, disagreement of the victim or his authorized representative with the content of this act are considered by the relevant bodies of the state labor inspectorate or by the court. In these cases, the filing of a complaint is not a basis for non-fulfillment by the employer (authorized representative) of the decisions of the state inspector for labor protection.

Investigation and registration of accidents in educational institutions

Investigation of accidents is carried out not only in production and other facilities, but also in educational institutions of various types.

Investigation and accounting of accidents that occurred with students of educational institutions during the educational process is carried out in the manner established by the federal executive body in charge of education, in agreement with the Ministry of Health and Social Development of the Russian Federation.

The procedure for investigating and recording accidents with students is determined by the Regulations on the investigation and recording of accidents with young students and pupils in the USSR State Education system, approved by the order of the USSR State Education of October 1, 1999, No. 639.

The regulation establishes a unified procedure for investigating and recording accidents that occurred during the educational process, regardless of the place of its conduct, with young students and pupils of educational institutions. The following accidents are subject to investigation and accounting: injuries, acute poisoning resulting from exposure to harmful and dangerous factors, injuries due to bodily injury by another person, lightning strikes, damage as a result of contact with representatives of fauna and flora, as well as other damage that occurred during:

conducting lectures, lessons, laboratory and practical classes, sports, circles, extracurricular, extracurricular and other classes (in between) in accordance with educational, scientific and educational plans;

extracurricular activities and other activities on weekends, holidays and vacation days, if these activities were carried out under the direct supervision of an employee of this educational institution or a person appointed by order of the head of the institution.

An accident that occurred during the educational process, which caused a student or pupil to lose health for a period of at least one day in accordance with a medical report, is drawn up by an act of form H-2 (Appendix 12), which is registered by the education management body, university, technical school in the magazine (Appendix 13). The administration of the institution is obliged to issue to the victim (his parents or a person representing his interests) an act of form H-2 and an accident no later than three days from the moment the investigation on it is completed. The act of the form H-2 is subject to storage in the archives of the education management body, higher and secondary specialized educational institutions for 60 years. The head of the educational institution where the accident occurred is responsible for the correct and timely investigation and accounting of accidents, compiling the fact of the H-2 form, developing and implementing measures to eliminate the causes of the accident. Control over the correct and timely investigation and accounting of accidents, the implementation of measures to eliminate the causes that caused the accident, is carried out by higher educational authorities. In the event that the administration of the institution refuses to draw up an act of form H-2, as well as if the victim disagrees with the content of the act of form H-2, the conflict is considered by a higher education authority within a period of no more than 7 days from the date of submission of a written application. The medical institution to which the victim was delivered in the event of an accident is obliged, at the request of the head of the institution, to issue a medical report on the nature of the injury. At the end of the treatment period for the injured, the head of the institution sends a report on the consequences of the accident to the higher education authority (Appendices 14, 15).

In case of severe accidents (group, fatal), an act of a special investigation is drawn up (Appendix 16).

Responsibility for ensuring safe conditions for the educational process in the institution lies with its head. The person conducting the event is personally responsible for preserving the life and health of students and pupils.

The victim or eyewitness of the accident must immediately notify the immediate head of the educational process of each accident that has occurred to a student or pupil, who is obliged to:

urgently organize first aid to the victim and his delivery to the health center (medical unit) or other medical institution;

report the incident to the head of the educational institution;

The head of the educational institution is also obliged to immediately take measures to eliminate the causes of the accident, report the accident to the higher education authority, the parents of the victim or persons representing his interests, and request a conclusion from the medical institution on the nature and severity of the injury to the victim.

The head of the educational institution is obliged to immediately appoint an accident investigation commission with the following composition:

chairman of the commission - a representative of the leadership of an educational institution, an education management body;

members of the commission - a representative of the administration, the department of labor protection or an inspector for labor protection and health, a representative of the teaching staff.

The Accident Investigation Commission is obliged within 3 days to:

investigate the circumstances and causes of the accident;

identify and interview eyewitnesses and persons who committed violations of the rules of labor protection and life safety;

if possible, obtain an explanation from the victim;

draw up an accident report in the form of H-2 in four copies;

develop an action plan to eliminate the causes of the accident and send it for approval to the head of the relevant education authority, higher and secondary specialized educational institution.

The act is accompanied by explanations of eyewitnesses, the victim and other documents characterizing the state of the accident scene, the presence of harmful and dangerous factors, a medical report, etc.

The head of the educational institution, the education management body, within 24 hours after the end of the investigation, approves four copies of the act of form H-2 and sends one by one:

to the institution (division) where the accident occurred;

head of the labor protection department (inspector for labor protection and health);

to the archive of the education management body (higher and secondary specialized educational institution);

victim (his parents or a person representing his interests).

An accident, about which the victim, in the absence of eyewitnesses, did not report to the head of the event, or the consequences of which did not appear immediately, must be investigated within a period of not more than a month from the date of submission of a written application by the victim (his parents or persons representing his interests). In this case, the issue of drawing up an act in the form of H-2 is decided after a comprehensive check of the application for an accident that has occurred, taking into account all the circumstances, a medical report on the nature of the injury, the possible cause of its origin, the testimony of the participants in the event and other evidence. Obtaining a medical opinion is the responsibility of the administration of the educational institution.

The head of the institution immediately takes measures to eliminate the causes that caused the accident.

An accident that occurred during long hikes, excursions, expeditions is investigated by the commission of the education authority in whose territory the accident occurred.

An accident that occurred to a student of an educational institution, a secondary specialized educational institution, university students undergoing internship or doing work under the guidance of the enterprise's personnel is investigated by the enterprise together with a representative of the education management body, institution and is taken into account by the enterprise.

All accidents, documented by an act of form H-2, are registered by the education authority, university, technical school in a journal of the established form. Each accident with a student during the educational process, drawn up by an act in the form of H-2, is included in the statistical report (Appendix 17).

The head of the institution is obliged to analyze the causes of accidents that occurred during the educational process, consider them in teams of teachers, teachers, educators and students, develop and implement measures to prevent injuries and prevent other accidents.

1.6. Occupational diseases and their prevention

Occupational diseases

Occupational Illness is a disease caused by exposure to harmful working conditions.

Under occupational morbidity refers to the number of people with a newly diagnosed disease in the current calendar year, referred to the number of employees (at a particular enterprise, industry, ministry, etc.).

Acute occupational disease- a disease that has arisen after a single (during no more than one work shift) exposure to harmful production factors.

Chronic occupational diseases (poisoning) include such forms of diseases that have arisen as a result of prolonged exposure to harmful, hazardous substances and production factors.

Group occupational disease- a disease in which 2 or more people fell ill (suffered) at the same time.

Occupational diseases can also manifest themselves long after the cessation of work in hazardous conditions. In addition to professional production, there are production-related diseases. These include diseases that, in principle, do not differ from ordinary diseases, however, adverse working conditions contribute to the occurrence of some of them and worsen their course.

Occupational morbidity (prevalence of the disease) is an increase in the incidence and prevalence of common diseases of various etiologies (mainly polyetiological), which tend to increase as the length of service in adverse working conditions increases and the incidence rate of which exceeds that in occupational groups not in contact with harmful factors.

Investigation and registration of occupational diseases In accordance with the Regulations on the Investigation and Recording of Occupational Diseases, acute and chronic occupational diseases (poisoning), the occurrence of which among employees and other persons (hereinafter referred to as employees) due to exposure to harmful production factors in the performance of their job duties or production activities on assignment, are subject to investigation and accounting organization or individual entrepreneur.

An occupational disease that occurs in an employee subject to compulsory social insurance against industrial accidents and occupational diseases is an insured event.

The employee has the right to personal participation in the investigation of an occupational disease that has arisen in him. At his request, his authorized representative may take part in the investigation.

When establishing a preliminary diagnosis of "Acute Occupational Disease (Poisoning)", a healthcare institution is obliged to send an emergency notice of an employee's occupational disease within 24 hours to the State Sanitary and Epidemiological Surveillance Center, which supervises the facility where the occupational disease has occurred (hereinafter referred to as the Center for Sanitary and Epidemiological Supervision), and a message to the employer in the form established by the Ministry of Health of the Russian Federation.

The Center of the State Sanitary and Epidemiological Supervision, which received an emergency message, within a day from the date of its receipt, proceeds to clarify the circumstances and causes of the occurrence of the disease, upon clarification of which it compiles a sanitary and hygienic characteristic of the working conditions of the employee and sends it to the state or municipal health institution at the place of residence or at the place of attachment worker.

The sanitary and hygienic characteristics of working conditions are compiled in the form approved by the order of the Ministry of Health of Russia dated May 28, 2001 No. 176.

Based on the clinical data of the health status of the employee and the sanitary and hygienic characteristics of his working conditions, the healthcare institution establishes the final diagnosis and draws up a medical report.

When a preliminary diagnosis of "Chronic occupational disease (poisoning)" is established, a notice of an occupational disease of an employee is sent to the center of the State Sanitary and Epidemiological Supervision within 3 days.

The Center of the State Sanitary and Epidemiological Supervision, within 2 weeks from the date of receipt of the notice, submits to the health care institution a sanitary and hygienic description of the working conditions of the employee and sends the patient to a medical institution within a month.

A medical report on the presence of an occupational disease is issued to the employee against receipt and sent to the insurer and to the healthcare institution that sent the patient.

The procedure for filling out a notice and transferring information about acute occupational diseases (poisoning) and chronic occupational diseases (poisoning) is carried out in accordance with the "Instruction on the procedure for applying the Regulations on the investigation and registration of occupational diseases".

The employer is obliged to organize an investigation into the circumstances and causes of the employee's occupational disease. The employer, within 10 days from the date of receipt of the notice of the final diagnosis of an occupational disease, forms a commission to investigate an occupational disease (hereinafter referred to as the commission), headed by the chief physician of the State Sanitary and Epidemiological Supervision Center. The commission includes a representative of the employer, a labor protection specialist (or a person appointed by the employer responsible for organizing work on labor protection), a representative of a healthcare institution, a trade union or other representative body authorized by employees. Other experts may be involved in the investigation. The employer is obliged to ensure the working conditions of the commission.

To conduct an investigation, the employer must:

provide documents and materials, including archival ones, characterizing the working conditions at the workplace (site, workshop);

at the request of members of the commission, at their own expense, carry out the necessary examinations, laboratory-instrumental and other hygienic studies in order to assess working conditions at the workplace;

ensure the safety and record keeping of investigation documentation.

To make a decision on the results of the investigation, the following documents are required:

order to create a commission;

sanitary and hygienic characteristics of the working conditions of the employee;

information about the medical examinations carried out;

an extract from the briefing registration logs and protocols for checking the employee's knowledge of labor protection;

protocols of explanations of the employee, interviews of persons working with him, other persons;

expert opinions of specialists, results of research and experiments;

medical documentation on the nature and severity of the injury caused to the employee's health;

copies of documents confirming the issuance of personal protective equipment to the employee;

extracts from the instructions of the center of the State Sanitary and Epidemiological Supervision previously issued for this production (object);

other materials at the discretion of the commission.

Based on the consideration of documents, the commission establishes the circumstances and causes of the disease, determines the persons who have committed violations of state sanitary and epidemiological rules, other regulations, and measures to eliminate the causes of occurrence and prevent occupational diseases.

If the commission establishes that the gross negligence of the insured contributed to the occurrence or increase of harm caused to his health, then, taking into account the conclusion of the trade union or other representative body authorized by the insured, the commission determines the degree of fault of the insured (in percent).

Based on the results of the investigation, the commission draws up an act on the case of an occupational disease in the prescribed form.

The employer, within one month after the completion of the investigation, is obliged, on the basis of an occupational disease case report, to issue an order on specific measures to prevent occupational diseases.

The employer informs the center of the State Sanitary and Epidemiological Supervision about the implementation of the decisions of the commission in writing.

An act on the case of an occupational disease is a document establishing the occupational nature of the disease that a worker has in a given production.

An act on a case of an occupational disease is drawn up within 3 days after the expiration of the investigation period in five copies (for an employee, employer, center of the State Sanitary and Epidemiological Supervision, center of occupational pathology (health institution) and insurer). The act is signed by the members of the commission, approved by the chief doctor of the center of the State Sanitary and Epidemiological Supervision and certified by the seal of the center.

The act on the case of an occupational disease, together with the materials of the investigation, is kept for 75 years in the center of the State Sanitary and Epidemiological Supervision and in the organization where the investigation was conducted.

An occupational disease is taken into account by the center of the State Sanitary and Epidemiological Supervision, which conducted the investigation, in the manner established by the Ministry of Health of the Russian Federation.

Disagreements regarding the establishment of a diagnosis of an occupational disease and its investigation are considered by the bodies and institutions of the State Sanitary and Epidemiological Service of the Russian Federation, the Center for Occupational Pathology of the Ministry of Health of the Russian Federation, the Federal Labor Inspectorate, an insurer or a court.

According to Art. 8 of the Law "On the Basics of Labor Protection in the Russian Federation", each employee has the right to a workplace that meets the requirements of labor protection.

Prevention of occupational diseases

Sources of occupational diseases are workplaces with harmful and dangerous working conditions caused by harmful and dangerous production factors.

The main obligations of the employer are to create harmless and safe working conditions at each workplace, observe the work and rest regime of employees, decent wages and limit the production of hazardous and harmful work. Such work can be carried out subject to the use of personal protective equipment and a reduction in the time of action of harmful production factors (time protection). At the same time, the employer must coordinate with the center of the State Sanitary and Epidemiological Supervision a long-term plan of measures to normalize the working conditions of workers and conduct preliminary and periodic medical examinations of workers.

The employer must take into account that work in violation of hygienic standards is a violation of the Law on Sanitary and Hygienic Welfare of the Population, labor protection legislation and does not exclude the application of statutory sanctions by sanitary inspection bodies and other regulatory organizations for harmful and dangerous working conditions. In particular, on the basis of Art. 25 of the Law “On the Basics of Labor Protection in the Russian Federation”, activities hazardous to the health of workers, the operation of equipment and the performance of work may be suspended in accordance with the instructions of the heads of state labor inspectorates.

According to the conclusion of the body of state expertise of working conditions, organizations in which hygienic standards are violated can be liquidated. In addition, when organizing a new production, activities in the provision of services, etc., state bodies do not have the right to issue a license without the conclusion of a state examination on the compliance of labor conditions and safety with the requirements of legislative and other regulatory legal acts.

1.7. Occupational safety management

Under labor protection management refers to the process of organized influence on control objects in order to comply with regulatory safety requirements. In accordance with Art. 11 of the Federal Law "On the Basics of Occupational Safety and Health in the Russian Federation", state management of labor protection is carried out by the Government of the Russian Federation directly or on its behalf by the federal executive body in charge of labor protection issues (the Ministry of Health and Social Development of the Russian Federation) and other federal executive bodies.

The federal executive body in charge of labor protection issues performs the following functions:

adopts resolutions, gives explanations on the application of normative legal acts in the field of labor protection;

coordinates research work;

coordinates the work of labor protection services of federal executive bodies;

interacts with the executive authorities of the subjects of the federation;

provides methodological guidance for the promotion of best practices;

organizes the accounting of needs for personal protective equipment;

submits to the Government of the Russian Federation an annual report on the state of labor protection and ongoing measures for labor protection.

The main goal of labor protection management is to improve the organization of work to ensure safety, reduce injuries and accidents by solving a set of tasks to create safe and harmless working conditions, medical and preventive and sanitary services for workers.

The labor protection management system in the Russian Federation has three levels of management: federal, the level of the subject of the Russian Federation and local.

To coordinate the activities of ministries and departments in the field of labor protection, an interdepartmental commission on labor protection is being created, which is headed by the Minister of Health and Social Development. Her tasks include:

development of a federal program to improve working conditions;

analysis of legislative acts;

development of proposals for international cooperation.

The main state examination of working conditions, which is part of the Ministry of Health and Social Development of Russia, is a regulatory body that performs the following functions:

control over the correctness of the appointment of pensions;

control over the correctness of the application of the lists of industries, jobs, professions, positions and indicators that give the right to an old-age pension on preferential terms (lists No. 1 and No. 2);

interaction with social security authorities; control of working conditions and labor protection.

In accordance with specific tasks, the bodies of state expertise of working conditions carry out the following types of expertise:

examination of working conditions in projects for the construction of new and reconstructed enterprises;

examination of working conditions at workplaces;

examination of the correctness of the application of lists of industries, jobs, professions, positions and indicators for which preferential pensions and additional holidays are established;

labor expertise to assess the cost of benefits and compensation for work in adverse working conditions for the differentiation of social insurance rates;

examination of working conditions to resolve disputes arising between legal entities and citizens (employees) regarding the assessment of working conditions, the provision of benefits and compensation for work in adverse working conditions, as well as other disputes subject to consideration by the State Expertise of Working Conditions;

examination of working conditions on the proposals of enterprises and organizations in order to change the lists of industries, jobs, professions, positions and indicators for preferential pensions and additional leave (carried out by the Main State Expertise of Working Conditions or State Expertises of Working Conditions of the Republics together with their regional, regional and district bodies );

other types of examinations arising from the tasks of the State examination of working conditions.

The Federal Labor Inspectorate exercises state control and supervision over compliance with the legislation of the Russian Federation on labor and labor protection and performs the following main functions:

provides organizational and methodological management of the activities of state labor inspectorates, their regulatory and material support;

monitors compliance with the established procedure for investigating and recording industrial accidents and occupational diseases;

analyzes the state and causes of industrial injuries and occupational morbidity and develops measures for their prevention;

prepares and publishes annual reports on the activities of the federal labor inspectorate.

Heads of enterprises, structural subdivisions, functional services, labor protection departments, trade union committees are directly involved in solving problems in the field of labor protection.

The main tasks of the management bodies at the enterprise are:

ensuring the safety of production processes;

ensuring the safety of production equipment;

ensuring the safety of buildings and structures;

normalization of sanitary and hygienic working conditions;

training workers in the rules and norms of labor protection, promotion of labor protection issues;

providing employees with personal protective equipment;

ensuring optimal working and rest conditions;

organization of treatment and preventive care for employees;

professional selection of workers in certain specialties.

Each of the tasks is implemented through management functions: accounting, analysis and evaluation, control, planning and forecasting, stimulation, organization, coordination and regulation.

1.8. Labor protection briefings

In accordance with the Federal Law “On the Fundamentals of Labor Protection in the Russian Federation”, for all newly hired persons, as well as persons transferred to another job, the employer is obliged to organize labor protection briefings, training in safe methods and techniques for performing work and providing first aid to victims.

Admission to work of persons who have not been trained and instructed in labor protection in accordance with the established procedure is prohibited.

The procedure for conducting, types and content of briefings are determined by GOST 12.0.004-9 °CSBT. Organization of labor safety training.

Depending on the nature and time of the conduct, the following types of briefings are used: introductory;

primary in the workplace; repeated; unscheduled; target.

Introductory briefing on labor protection conduct with all newly hired, regardless of their education, length of service, with temporary workers, seconded students and students who arrived for industrial training or practice. The introductory briefing is carried out by a labor protection engineer or a person who is entrusted with these duties by order of the enterprise. At large enterprises, relevant specialists (from the fire department, medical workers, etc.) can be involved in conducting certain sections of the introductory briefing. An entry is made about the introductory briefing in the introductory briefing registration log with the obligatory signature of the instructed person, as well as in the employment document or control sheet. The briefing should be carried out according to the program developed by the department (engineer) of labor protection, approved by the head (chief engineer) of the enterprise in agreement with the trade union committee. Introductory briefing should be carried out in a specially equipped room (see clause 1.7).

The introductory briefing program includes the following topics:

general information about the enterprise;

labor protection legislation;

the main dangerous and harmful production factors at the enterprise and ways to reduce them;

Fire safety;

first aid to the victim.

Primary briefing Carries out at the workplace before the start of production activities by the immediate supervisor of work according to the program agreed with the department of labor protection and the trade union committee of the enterprise:

with all newly admitted to the enterprise, transferred from one unit to another;

with employees performing a new job for them, business travelers, temporary workers;

with builders performing construction and installation work on the territory of the operating enterprise;

with students and pupils who arrived for industrial training or practice before performing new types of work, as well as before studying each new topic when conducting practical classes in educational laboratories, classes, workshops, when conducting extracurricular activities in circles and sections.

Primary briefing at the workplace is carried out with each employee individually (or with a group of persons serving the same type of equipment and within a common workplace) with a practical demonstration of safe working practices and methods. Persons who are not associated with the maintenance, testing, adjustment and repair of equipment, the use of tools, the storage and use of raw materials and materials, do not undergo primary briefing at the workplace. The list of professions and positions of workers exempted from primary briefing is approved by the head of the enterprise in agreement with the trade union committee and the labor protection department.

The initial briefing program includes the following questions:

general information about the technological process and equipment; the content of the workplace; safe working practices;

used personal protective equipment;

fire prevention measures and behavior in case of fire.

Re-briefing performed at least every 6 months. Its purpose is to restore the rules on labor protection in memory, as well as to analyze specific violations from the practice of a workshop or enterprise. Re-briefing all employees, with the exception of persons exempted from primary briefing, regardless of their qualifications, length of service and education, take place at least once every six months under the primary briefing program.

Unscheduled briefing held:

upon the introduction of new or revised standards, rules, instructions on labor protection, as well as changes to them;

when changing the technological process, replacing or upgrading equipment, fixtures and tools, raw materials, materials and other factors affecting labor safety;

in case of violation by employees of labor safety requirements, which can lead or have led to injury, accident, explosion or fire, poisoning;

at the request of the supervisory authorities;

during breaks in work: for work for which additional increased safety requirements are imposed, for more than 30 calendar days, and for other work for 60 days.

When registering in the personal card of an unscheduled briefing, the reason for its conduct should also be indicated.

About the conduct of all briefings, marks are made in a special journal or in an individual card.

Targeted coaching are carried out with employees before the production of hazardous (emergency) work, for which a work permit is issued. A record of the briefing is made in the work permit.

Targeted coaching is carried out by:

when performing one-time work not related to direct duties in the specialty (loading, unloading, cleaning the territory, one-time work outside the enterprise, workshop);

in the aftermath of accidents, natural disasters and catastrophes;

in the performance of work of increased danger, for which a special order or work permit, permit and other documents are issued;

when conducting an excursion at the enterprise, etc.

Repeated, unscheduled and targeted briefing is carried out by the immediate supervisor of the work.

1.9. Organization of an office and a corner of labor protection

In accordance with the "Recommendations on the organization of the work of the office for labor protection", approved by the Decree of the Ministry of Labor of Russia dated January 17, 2001 No. 7, the office of labor protection and the corner of labor protection are created in order to ensure the requirements of labor protection, disseminate legal knowledge, and carry out preventive work to prevent occupational injuries and occupational diseases.

Under office of labor protection in the organization it is recommended to allocate a special room, consisting of one or more rooms (offices), which is equipped with technical equipment, teaching aids and samples, illustrative and informational materials on labor protection.

Occupational safety corner issued depending on the area allocated for its placement. For example, it can be presented in the form of a stand, a showcase or a screen, a computer program.

The decision to create a labor protection cabinet or labor protection corner is made by the head of the organization.

In organizations carrying out production activities with a number of employees of 100 or more, as well as in organizations whose specific activity requires a large amount of work to be carried out with the personnel to ensure labor safety, it is recommended to create a labor protection cabinet, in organizations with less than 100 employees and in structural departments of organizations - the corner of labor protection.

In organizations whose production activities are associated with the movement of workers around facilities and being in temporary work areas (for example, when working on a rotational expedition basis), it is advisable to equip mobile offices and labor protection corners.

The content of the work of the office of labor protection and the corner of labor protection, the distribution of responsibilities for ensuring their activities between the services and specialists of the organization (with the introduction of information about this in the relevant provisions and job descriptions) are approved by the head of the organization, taking into account the specifics of the organization’s activities, recommendations of federal executive authorities, bodies executive power of subjects of the Russian Federation in the field of labor protection.

Organization and management of the work of the labor protection cabinet and labor protection corner, including control functions, as a rule, are assigned to the labor protection service of the organization (labor protection specialist) or another person performing the duties of a labor protection specialist.

It is recommended that federal executive authorities, executive authorities of the constituent entities of the Russian Federation in the field of labor protection work on the formation of basic labor protection cabinets. They can be created at research institutes, labor protection centers and should be focused on the implementation of methodological assistance in the management of labor protection cabinets operating in organizations of the relevant fields of activity and regions.

The main activities of the office of labor protection and the corner of labor protection are:

providing effective assistance in solving problems of labor safety;

creation of a system for informing employees about their rights and obligations in the field of labor protection, about the state of conditions and labor protection in the organization, at specific workplaces, about the adopted regulatory legal acts on labor safety and protection;

promotion of labor protection issues.

The office of labor protection ensures the implementation of labor protection measures, including those organized by the joint actions of the head and other officials of the organization, committee (commission) for labor protection, labor protection service, authorized (trusted) persons for labor protection of trade unions or other representative representatives authorized by employees organs, including:

holding seminars, lectures, discussions and consultations on labor protection issues;

training employees in safe methods and techniques for performing work, the use of collective and individual protection equipment, and the provision of first medical aid;

conducting briefings on labor protection, thematic classes with employees who are required to have special knowledge of labor protection and sanitary standards, and testing knowledge of labor protection requirements of employees;

organization of exhibitions, expositions, stands, models and other forms of visual agitation and promotion of best practices in creating healthy and safe working conditions;

conducting analytical studies of the state of working conditions in the organization (at workplaces) and assessing their impact on the safety of work.

The labor protection corner of the organization ensures the implementation of the same activities as the labor protection cabinet.

The labor protection corner of the structural unit (section) of the organization provides employees with the following information:

work plans of the labor protection cabinet (if it is created in the organization);

schedules for briefing and schedules of training sessions on labor protection;

orders and directives on labor protection issues of the organization, plans to improve working conditions and labor protection;

harmful and dangerous production factors and means of protection at the workplace of a structural unit (site);

violation of the requirements of labor protection legislation;

cases of industrial injuries and occupational diseases in the organization and measures taken to eliminate their causes;

new receipts in the office of labor protection of documents, educational and methodological literature, educational videos on labor protection, etc.

The thematic structure of the office and the corner of labor protection should include general and special sections.

The general section contains laws and other regulatory legal acts on labor protection adopted at the federal level and the level of the corresponding subject of the Russian Federation, local regulations of the organization, information on the management of labor protection in the organization, as well as general information on ensuring safe working conditions, including dangerous and harmful production factors, means of collective and individual protection, human actions in case of emergencies, accidents.

The list of special sections and their content (information, including the distinctive features of the main and auxiliary technological processes, a specific list of harmful production factors, the corresponding means of collective and individual protection and precautions, safety signs adopted in production, etc.) are determined taking into account the conditions labor in the organization. Separate acquisition of educational and reference sections is recommended, reflecting the specifics of all types of production in the organization.

The equipment of the office and the labor protection corner is determined by the selected composition of the general and special sections and is formed on the basis of the information carriers used and planned for use, which can be printed materials, film and video products, computer products, broadcasting programs, full-scale samples, simulators, dummies and models .

It is advisable to equip the labor protection cabinet on the basis of a project previously developed in the organization in a specially allocated room or rooms.

For new and reconstructed production facilities, the location of the labor protection office is determined at the design stage.

The room for placing the office of labor protection must comply with the requirements of building codes and regulations, its area is recommended to be determined based on the number of employees in the organization: up to 1000 people - 24 m 2; with more than 1000 employees, 6 m 2 is added for every additional thousand people. Estimation of the required area for the office of labor protection can be made on the basis of the calculation of the need for training in labor protection for the calendar year.

For the corner of labor protection, either a separate room can be allocated, or a part of a general-purpose room can be equipped.

When organizing the work of the office and the corner of labor protection, it is provided:

compliance with the requirements (in a set of goals, content and forms of work), which each organization determines taking into account its characteristics and priorities in the field of labor protection;

the availability of visits to the office or corner of labor protection by employees of the organization and their receipt of reliable information on labor protection issues;

work planning (perspective and current);

control of the work of the office (corner) of labor protection.

The labor protection service or the person responsible for the work of the office (corner) of labor protection in the organization:

draws up a work plan for the office (corner) of labor protection, including the development of specific measures for a certain period, indicating the persons responsible for their implementation;

organizes the equipment, equipment and design of the office (corner) of labor protection;

organizes planned events.

In order to coordinate and improve the efficiency of the work of offices and corners of labor protection, federal executive authorities, executive authorities of constituent entities of the Russian Federation, labor authorities of constituent entities of the Russian Federation, labor protection services of organizations are recommended to develop proposals for establishing additional requirements for offices (corners) of labor protection of subordinate organizations and their structural subdivisions, organizational forms of their work, equipment and methodological support.

To carry out activities implemented by the office (corner) of labor protection, interaction and participation in its work of structural divisions and services of the organization, as well as the involvement of specialists from federal executive authorities, executive authorities of the constituent entities of the Russian Federation, labor authorities of the constituent entities of the Russian Federation, state control bodies and supervision over compliance with labor protection requirements, associations of trade unions and associations of employers, labor protection centers, educational institutions and organizations specializing in the field of labor protection.

1.10. Labor protection promotion

An integral part of the prevention of injuries, occupational diseases and poisoning is promotion of labor protection. Goals and objectives of promotion of labor protection:

encouragement and constant maintenance of interest in labor protection;

persuading employees, students and pupils of the need for labor protection measures;

education of a conscious attitude to labor protection;

promotion of new means of ensuring labor safety;

introduction of modern safety equipment into the educational process;

creation of healthy and safe working conditions at each workplace.

A variety of forms, methods and means are used to promote labor protection.

Forms of promotion of labor protection are conferences, meetings, seminars, schools of excellence, radio and television programs, tours, exhibitions, film days, etc.

Occupational safety promotion methods(techniques for transmitting information) include a story, a demonstration, a demonstration of natural samples, advanced methods of work, lectures, conversations, consultations, etc.

By means of promotion of labor protection serve cinema, television, posters, photographs, shop windows, rules, instructions, wall newspapers, "lightning" about accidents, accidents, new decisions, decrees, norms, books, building codes and rules (SNiP), GOST, cabinets and corners labor protection.

Properly organized promotion of labor protection should constantly remind employees, students and pupils of potentially dangerous and harmful production factors at work and other places, of how to behave in order to prevent an accident.

Posters play an important role in the propaganda system for the prevention and prevention of industrial injuries and occupational diseases. The poster has the ability to influence the widest possible audience. The conciseness of the drawing, photographs, invocative text provide high efficiency in the perception of the material. The advantages of posters also include flexibility and variety of topics, ease of production and low cost.

OSH posters are classified as follows:

by appointment:

educational- contain information on labor protection of an educational nature. They are used in the training of workers, pupils and students in labor protection issues. Their goal is to present educational material in a visual form to facilitate its assimilation;

instructive- prescribe separate safety rules and regulations or prohibit hazardous work practices. Their goal is to form employees' readiness to comply with certain rules and norms of labor protection;

agitation and propaganda- call for safe behavior, promote best practices in the field of labor protection. Their task is to form among employees a general attitude towards safe behavior and a positive attitude towards labor protection issues;

informational- contain various information on labor protection issues (on the implementation of labor protection measures, on the work of the labor protection service, on the publication of new books on labor protection, etc.);

by breadth of use:

general (cross-industry application)– can be used in several sectors of the national economy;

specific (industry application)- are used only in any one branch of the national economy;

for art design:

font- contain mostly text (with or without an image);

pictorial- carry mainly an image (with or without text). Among them are drawn, photographic, photomontage;

by pictorial solution:

realistic- posters with specific, life-like content;

pictographic- a person and other objects are depicted on such posters using pictograms;

symbolic- the main place in them is occupied by images-symbols;

caricature- the image of a person in a caricature prevails;

by tone:

neutral- report something, state facts;

dramatic- the emphasis in such posters is on the image of a dangerous situation, the moment of an accident or its consequences;

satirical, humorous- in the image of individual objects or situations as a whole there is satire, humor.

The classification of posters according to the nature of the impact is also used: inspiring, persuading, teaching; according to the method of transmitting information: rational (explanation of the required behavior, communication about norms and rules), emotional; at the place of exposition: outdoor and indoor; by duration of exposure: short-term or long-term use. The latter are made of durable materials (tin, enamel, cardboard).

In addition, posters are distinguished by the method of printing (high, flat, offset, phototype, gravure, stencil, xerox, rotaprint) and by additional elements of printing design (lacquered, with pressed film, pasted on cardboard or fabric, edged, embossed, etc.). d.).

There are different criteria for evaluating the effectiveness of a poster on labor protection, for example, the frequency of application of the recommendations of the poster, the degree of trust in it, the percentage of memorization of its content.

The poster must clearly define idea. There are three types of ideas.

The first type is based on circumstances that cause a positive attitude towards oneself.

The second type is based on showing a negative fact and its consequences. The purpose of the impact is to induce a negative attitude towards the depicted through awareness of the dangerous consequences of non-compliance with certain rules.

The third type is based on the opposition of negative and positive actions. The main idea is thus expressed in showing at least two actions and is characterized by tension and dynamism.

Poster composition should provide such a combination of figurative, color and font elements, which would immediately reveal the center of the semantic load. An abstract manner, if only because of its ambiguity, is undesirable in a poster.

Image in the poster, of course, plays a leading role. It bears the main burden of influencing a person, creating the desired image in his mind. A wide variety of techniques are used - realistic drawing, photograph, symbol, pictogram, collage, etc.

The main requirement presented to the poster is an original, figurative interpretation of the theme, new artistic solutions. In the poster, it is preferable to use symmetrical, finished shapes - a circle, a square, a rectangle; they are digested better than others. Worst of all are perceived fantastic forms. The same applies to lines. Straight lines are associated in our minds with calmness and clarity. Images of people and animals draw much more attention to the poster than the appearance of inanimate objects. In the image of a person, the main thing that stops the eye is the face.

Poster text should be short, energetic, intelligible, like any wall inscription. Calls consisting of three to six words are best perceived and remembered, but not in an edifying tone.

1.11. The system of social insurance of workers in the Russian Federation

The main documents in accordance with which insurance against accidents at work and occupational diseases, are:

Federal Law of June 17, 1999 No. 181-FZ “On the Fundamentals of Labor Protection in the Russian Federation”;

Federal Law No. 125-FZ of October 24, 1998 “On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases” (as amended on July 17, 1999, January 2, 2000 and October 25, 2001);

Rules for classifying sectors (sub-sectors) of the economy as a class of occupational risk;

Decree of the Government of the Russian Federation of October 16, 2000 No. 789 “On approval of the Rules for establishing the degree of loss of professional ability to work as a result of accidents at work and occupational diseases”;

Letter of the FSS of the Russian Federation dated December 26, 2000 No. 02-18 / 05-8538 “On temporary disability benefits in connection with an accident at work or an occupational disease”;

Decree of the Ministry of Labor and Social Development of the Russian Federation of July 18, 2001 No. 56 “On approval of the Interim criteria for determining the degree of loss of professional ability to work as a result of accidents at work and occupational diseases, the form of the rehabilitation program for the victim as a result of an accident at work and occupational disease”;

Decree of the Government of the Russian Federation of April 28, 2001 No. 332 “On Approval of Additional Expenses for Medical, Social and Professional Rehabilitation of Persons Injured at Work and Occupational Diseases”;

Decree of the Government of the Russian Federation of September 6, 2001 No. 652 “On Approval of the Rules for Establishing Discounts and Additions to Insurance Rates for Policyholders”;

Decree of the Ministry of Labor and Social Development of the Russian Federation of January 30, 2002 No. 5 “On Approval of the Instruction on the Procedure for Filling in the Form of the Rehabilitation Program for the Victim of an Industrial Accident and Occupational Disease, approved by the Decree of the Ministry of Labor of Russia of July 18, 2001.”

The following concepts are used in the Federal Law "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases".

Object of compulsory social insurance from accidents at work and occupational diseases - the property interests of individuals associated with the loss of health, professional disability or death by these individuals due to an accident at work or occupational disease.

Subjects of insurance- the insured, the insured, the insurer.

insured- an individual subject to compulsory social insurance against accidents at work, occupational diseases or an individual who has received damage to health as a result of an accident at work or an occupational disease, confirmed in the prescribed manner and resulting in loss of professional ability to work.

Policyholder– a legal entity of any organizational and legal form (including a foreign organization operating in the territory of the Russian Federation and employing citizens of the Russian Federation) or an individual employing persons subject to compulsory social insurance against industrial accidents and occupational diseases.

Insurer- FSS RF.

Insurance case- the fact of damage to the health of the insured as a result of an accident at work or an occupational disease, confirmed in accordance with the established procedure, which entails the insurer's obligation to provide insurance coverage.

Insurance fee- obligatory payment for compulsory social insurance against accidents at work and occupational diseases, calculated on the basis of the insurance tariff, taking into account discounts (surcharges) to the insurance tariff, which the insured is obliged to pay to the insurer.

Insurance rate- the rate of the insurance premium from the remuneration of the insured, accrued for all reasons (income).

Insurance provision- insurance compensation for harm caused as a result of an insured event to the life and health of the insured, in the form of monetary amounts paid or compensated by the insurer to the insured or persons entitled to it in accordance with this Federal Law.

Occupational Risk- the probability of damage (loss) of health or death of the insured, associated with the performance of his duties under an employment contract (contract) and in other cases established by this Federal Law.

Occupational risk class- the level of occupational injuries, occupational morbidity and insurance costs that have developed in sectors (sub-sectors) of the economy.

Professional work capacity- the ability of a person to perform work of a certain qualification, volume and quality.

The degree of loss of professional ability to work- expressed as a percentage, a persistent decrease in the ability of the insured to carry out professional activities after the occurrence of an insured event.

In accordance with Art. 14 of the Federal Law "On the Fundamentals of Occupational Safety in the Russian Federation", the employer is obliged to provide mandatory social insurance for employees against industrial accidents and occupational diseases.

According to the Federal Law "On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases", as amended on January 2, 2000, the FSS of the Russian Federation is the insurer for this type of insurance. This means a transition from compensation for harm to citizens who have received an industrial injury or occupational disease in the performance of work duties, directly by employers to compensation for harm on the principles of social insurance.

Payments to victims in compensation for harm are made by a single insurer at the expense of insurance premiums paid by employers. For the victims, the level of provision, types and amounts of compensation that they currently must receive in accordance with the current legislation on compensation for harm has been preserved. The collection of insurance premiums, the appointment of payments are assigned to the executive bodies of the FSS. Contributions must be paid on the basis of insurance rates differentiated by sectors of the economy depending on the class of occupational risk in accordance with the Federal Law "On insurance rates for compulsory social insurance against industrial accidents and occupational diseases" and the "Rules for classifying industries (sub-sectors) of the economy as occupational risk class.

At the same time, the amount of insurance tariffs can be increased or decreased by up to 40%, depending on the state of labor protection in the organization. Registration of policyholders by the insurer is carried out within 10 days.

In the event of the death of the insured, monthly payments are assigned:

minors - until they reach the age of 18 years;

students over 18 years of age - until the end of their studies in educational institutions in full-time education, but not more than up to 23 years;

women who have reached the age of 55 and men who have reached the age of 60 - for life;

disabled people - for the period of disability;

one of the parents, spouse (wife) or other family member who is unemployed and busy caring for the dependent children, grandchildren, brothers and sisters of the deceased - until they reach the age of 14 or change their health status.

The right to receive insurance payments in the event of the death of the insured as a result of an insured event may be granted by a court decision to disabled persons who had earnings during the life of the insured, in the event that part of the earnings of the insured was their permanent and main source of livelihood. The federal law also provides for accident insurance for persons performing work on the basis of civil law contracts. These persons will be entitled to receive social insurance coverage if, under the terms of a civil law contract, insurance premiums for this type of social insurance are paid in their favor.

Thus, the Federal Law "On Compulsory Social Insurance Against Occupational Accidents and Occupational Diseases" establishes the legal, economic and organizational framework for the protection of workers in order to:

reducing the level of industrial injuries;

social protection of the insured in case of accidents at work and occupational diseases;

ensuring the economic interest of subjects of insurance;

reducing the occupational risk of damage to the health of workers;

improvement of working conditions and labor protection.

For the first time in domestic practice, the use of a mechanism of economic interest of employers is envisaged, based on the use of a flexible system of differentiated insurance rates depending on the actual costs associated with compensation for harm, as well as on the working conditions provided in the organization, the levels of industrial injuries and occupational morbidity achieved.

According to Art. 8 of the Federal Law "On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases" the following types of insurance coverage can be assigned:

temporary disability benefits assigned in connection with an insured event and paid at the expense of funds for compulsory social insurance against industrial accidents and occupational diseases;

lump-sum insurance payments to the insured person or persons entitled to receive such payment in the event of his death;

monthly insurance payments to the insured or persons entitled to receive such payments in the event of his death;

payment of additional costs associated with damage to the health of the insured, for his medical, social and professional rehabilitation.

Temporary Disability Benefit in connection with an accident at work or an occupational disease, it is paid for the entire period of temporary disability of the insured until his recovery or the establishment of a permanent loss of professional ability to work in the amount of 100% of his average earnings (without limiting the maximum amount of earnings), calculated in accordance with the legislation of the Russian Federation on benefits for temporary disability.

One-time insurance payments and monthly insurance payments appointed and paid:

to the insured - if, according to the conclusion of the institution of medical and social expertise, the result of the occurrence of the insured event was the loss of his professional ability to work;

persons entitled to receive them - if the result of the insured event was the death of the insured.

Lump sum insurance payments are paid to the insured no later than one calendar month from the date of assignment of the said payments, and in the event of the death of the insured - to persons entitled to receive them, within two days from the date of submission by the insured to the insurer of all documents necessary for the appointment of such payments.

The amount of a one-time insurance payment is determined in accordance with the degree of loss of the insured person's professional ability to work based on the sixty-fold minimum wage established by federal law on the day of such payment. In the event of the death of the insured, the lump-sum insurance payment is set in full, taking into account regional coefficients for the given area.

Monthly insurance payments are paid to the insured during the entire period of permanent loss of their professional ability to work, and in the event of the death of the insured - to persons entitled to receive them. Insured persons who have a degree of loss of professional ability to work less than 10% are not entitled to monthly insurance payments. The amount of the monthly insurance payment is determined as the share of the average monthly earnings of the insured person before the occurrence of the insured event, calculated in accordance with the degree of loss of his professional ability to work, taking into account all types of remuneration (income).

State Duma

Federation Council

Judicial practice and legislation - 181-FZ On the basics of labor protection in the Russian Federation

This document establishes the purpose, principles, structure and rules of the GOST R Certification System (hereinafter referred to as the GOST R System), created by the State Standard of Russia in accordance with the Law of the Russian Federation of June 10, 1993 N 5151-1 "On Certification of Products and Services" (Vedomosti Congress of People's Deputies and the Supreme Council of the Russian Federation, 1993, N 26, item 966; Collection of Legislation of the Russian Federation, 1996, N 1, item 4; 1998, N 10, item 1143; N 31, item 3832) for holding mandatory certification provided for by the Law of the Russian Federation of February 7, 1992 N 2300-1 "On the Protection of Consumer Rights" (as amended by the Federal Law of January 9, 1996 N 2-FZ (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation , 1992, N 15, item 766; Collected Legislation of the Russian Federation, 1996, N 3, item 140; 1999, N 51, item 6287), Federal Law of July 17, 1999 N 181-FZ "On the Basics of Protection labor in the Russian Federation" (Collection of laws on the legislation of the Russian Federation, 1999, N 29, art. 3702) and other legislative acts that entrust the organization of mandatory certification of products, works, services to the federal executive body in the field of standardization and metrology.

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3) Imitation of throwing the ball at the target: with two hands, one (left, right) close friend; who is far away (with less and more power).

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