Service labor protection the organization must be created directly by its leadership, in accordance with applicable law and the Labor Code. However, many leaders do not understand why it is needed.
Why is this needed?
The need to create a labor protection service at each enterprise is determined by applicable law. In particular, this is provided for in Article 217 of the current Labor Code, the first part of which says that a labor protection service should be created in an organization that is engaged in industrial activities and at the same time has more than 100 employees. An alternative to such a service is the special position of an expert on labor protection with special training, as well as experience in such work.
Regulations
Regarding the work of existing services, there is a large base of regulatory legal acts, which contains more than 2000 documents indicating various regulatory requirements for industrial, sanitary-epidemiological, sanitary and fire safety. This database includes almost any documents with which the labor protection service in the organization and other structural units. Today, legislative and other regulatory legal acts are posted on the official websites of the relevant departments and are available to every user.
Service Creation
In the process of how the labor protection service is formed in the organization, its initial structuring does not require a special administrative act. If the decision on the formation of this service was made after the set number of personnel was reached, as well as using an already approved structure, the organization’s head issues an order that this service is being created.
What's next?
In accordance with the issued order, the corresponding position, job descriptions of employees are approved, and many other basic issues are solved regarding the organization of its work.
After orders for labor protection have been issued, the corresponding service is created in the form of a completely independent structural unit, which reports directly to the company’s management or, if an order has been issued, to one of the authorized deputies.
Who is included in it?
The staff of this unit includes qualified specialists in this field. Labor protection orders are mainly issued for the formation of services from persons with engineer qualifications in this specialty, as well as people with higher professional or technical education, and even experts can be recruited without any work experience. In addition, people with secondary technical education can be recruited if their experience in working as a technician of the first category is at least three years, or if he worked for at least five years in other positions that are replaced by specialists with similar education. At the same time, it is worth noting the fact that, regardless of the category of these persons, before they directly take up their duties, specialized training events should be held, as well as labor protection magazines.
Structure
The structure of the service, as well as its total number, is determined by the head of the company, depending on how many people work in the enterprise, on basic working conditions, production hazard factors, as well as many other points. Thus, for example, if the average number of employees in an organization reaches 700 people (if there are no workers who perform their duties under difficult or hazardous or health-related conditions), labor protection journals can be kept by individual specialists.In companies where the number of employees is even greater, a specialized bureau takes over these functions, and the number of employees of the labor protection service in organizations is from three to six people (including the boss himself), or a department should be created in which there should be at least six person.
Tasks
In the process of determining the tasks and functions of the service being created, which will take measures for labor protection, it is better for employers to use the recommendations that were approved by the Ministry of Labor of Russia by resolution No. 14 of 08.02.2000. In accordance with these recommendations, the service performs the following:
- Organizes special measures for labor protection, the main purpose of which is to ensure that employees comply with all relevant requirements.
- Provides control over compliance by employees with applicable laws, various regulatory legal acts in the field of labor protection, as well as the concluded agreement, collective agreement and other regulatory local legal acts of the company.
- Organizes maintenance work aimed at preventing the risk of occupational injuries, various occupational diseases or those caused by occupational factors. It also includes various activities aimed at improving working conditions.
- Labor protection and industrial safety provides for consultations and informing company employees, including its manager, on all necessary issues in this area.
- The study and subsequent dissemination of best practices in the field of labor protection, as well as the promotion of relevant issues.
Main functions
In order to ensure labor protection and industrial safety, the service performs the following tasks:
- Accounting and continuous checking of status and various causes of work-related injuries, as well as various occupational diseases and those that are caused by various production factors.
- Providing the necessary assistance to units in organizing and further conducting various measurements of the characteristics of harmful and hazardous production factors, as well as in the proper assessment of the safety of specialized equipment.
- Training and testing of knowledge on labor protection. This includes: organizing and providing methodological guidance for the certification of all jobs, certification of all kinds of work, as well as monitoring their implementation.
- A detailed examination of the technical condition of various structures, buildings, mechanisms and machines, equipment, devices, as well as collective and individual protection of employees. Among other things, the condition of sanitary devices and the operation of ventilation systems are also checked. The order on the labor protection service provides for the conduct of all these events together with representatives of the relevant units, as well as authorized representatives of trade unions and other representative inspection bodies.
- Participation in the work of specialized commissions for the commissioning of reconstructed or completed construction of industrial facilities, as well as in the conduct of the work of commissions involved in the acceptance from repair of machines, plants, assemblies and other equipment.
- Coordination of any developed design, project, technological and other documentation.
- The development, together with the rest of the departments, of various programs and plans, with the help of which labor safety in the institution will be improved.
- Participation in filling out various sections of the collective agreement, which relate to the conditions and labor protection.
- The activities of the labor protection service provide all the necessary assistance to the management of units in the formation of a list of posts and professions, according to which each employee will have to undergo a preliminary as well as a mandatory periodic medical examination, as well as a separate list, which will indicate the positions and professions, receiving compensation for hard work or the performance of duties under dangerous or harmful conditions.
- Creating an investigation of accidents at the enterprise.
- The main functions of the organization’s labor protection service include participation in the work of a commission investigating accidents. In particular, this concerns the design and storage of various documentation for these events, protocols for changing the characteristics of harmful and hazardous production factors, evaluating the equipment used from the point of view of injury safety, as well as all kinds of materials to certify the compliance of workplaces with necessary conditions.
- The tasks of the labor protection service include direct participation in the preparation of documents for the further purpose of insurance payments due to accidents or any occupational diseases.
- Preparation of detailed reporting on labor conditions and labor protection.
- Compilation of a detailed list of professions and types of work for which specialized labor protection instructions should be developed.
- Development of special training programs for employees, including its manager. At the same time, the relevant specialists should conduct an introductory briefing with each person entering a working position, going on a business trip, as well as with students or students who have arrived to practice or conduct industrial training.
- Organization of timely training events for all employees of the company, including its head, as well as direct participation in the activities of the commissions involved in the verification of knowledge.
- Drawing up a detailed list of types of jobs and professions for which special instructions need to be developed.
- Providing all the necessary methodological assistance to the management of departments in the process of developing or revising instructions.
- The head of the labor protection service must ensure the organization and management of his office, as well as prepare special information stands and corners in various units.
- Organization of relevant meetings.
- Conducting propaganda using television, radio broadcasting, films or videos, as well as wall display cases, newspapers and other internal tools.
- Informing employees about current legislation and other regulatory acts in the field of labor protection, as well as organization agreements and the collective agreement. A labor safety audit is also periodically conducted to determine relevant knowledge.
- Consideration of various statements, complaints and letters of employees regarding labor protection issues and the necessary conditions, as well as preparation of various proposals for guidance on the elimination of discovered deficiencies.
- Analysis and generalization of all incoming proposals regarding the spending of available funds of the company’s labor protection fund, as well as the development of the main directions for their most effective use.
Control
Among other things, the duties of the labor protection service include ensuring control over:
- Compliance by employees with the requirements of current legislation and other regulatory legal acts in the field of labor protection.
- Ensuring and correct use of collective and personal protective equipment.
- The implementation of various measures that include plans and programs in the field of improving labor protection conditions, as well as various sections of the collective agreement and the concluded agreement. In addition, it monitors the adoption of appropriate measures aimed at eliminating the causes that triggered the occurrence of an accident during production.
- The presence in various departments of specialized instructions for employees, if these positions or professions are included in the corresponding list.
- Detailed certification of all employees, as well as their preliminary preparation for certification.
- Timely carrying out by all relevant services the required tests, as well as technical examination of mechanisms, machines and various equipment.
- The efficiency of ventilation and suction systems.
- The condition of protective equipment and safety devices.
- Timely briefing in the field of labor protection, as well as subsequent verification of knowledge of all requirements and various options for briefing.
- Organization of chemical cleaning, washing, drying, degreasing, dust removal, repair, as well as storage and delivery of specialized clothing, shoes and other protective equipment.
- Organization of workplaces in full compliance with applicable requirements.
- Sanitary condition of auxiliary and production facilities.
- The proper use by various departments of the funds that were implemented to carry out activities to ensure the best conditions for labor protection.
- Correct and timely provision of compensation to employees for the performance of hard work, as well as conducting work in hazardous or harmful conditions. In particular, this also includes the free issuance of specialized medical nutrition and other products.
- Involving the labor of minors and women in full accordance with applicable laws.
Rights and Powers
In order to ensure the correct execution of all tasks and functions that are assigned to the labor protection service, employees must have the appropriate authority and functional rights. In accordance with the recommendations, employees should have the following rights:
- Carry out at any time of the day unhindered inspection and visits to production, household or office premises of the organization, as well as familiarize themselves with various documents within their own competence.
- Present to the heads of various departments and other company officials various instructions on the elimination of detected labor protection violations at the time of the audit. Such requirements are mandatory, therefore, the employee must monitor their implementation.
- Require each head of departments to remove from work people who do not have permission to perform such procedures, as well as if they have not undergone a periodic or preliminary medical examination in the prescribed manner. Among other things, those people who have not been instructed, and who do not use personal protective equipment in their work, should also be removed.
- Submit proposals on holding various officials accountable directly to the head of the company with a proposal to impose sanctions on those who violate the requirements.
Also, the service must perform other actions necessary for the implementation of the functions assigned to it.
Organization
The organization of labor for employees of this service provides for detailed regulation of their official duties, and in addition to this, the assignment of specific labor protection functions to all employees.The workplaces of each employee should be organized in a separate room, and at the same time they should be provided with all the necessary modern office equipment and various technical means of communication. Jobs should be organized in such a way that conditions are provided that are necessary for employees to fulfill their duties.
One of the main elements of the organization of the workplace in this case is the proper arrangement of the office, in which employees will be engaged in training, seminars, lectures, briefings, exhibitions and other events. In the process of solving this issue, the employer should be guided by the main recommendations of the Ministry of Labor.
In companies that are engaged in production and at the same time have more than 100 employees, it is recommended to create a separate office for labor protection, while in companies with a smaller number of staff you can get by with a simple corner.
