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home Calculators New suit at the enterprise. Lawyer Lusnikov: tax advice and arbitration cases

New suit at the enterprise. Lawyer Lusnikov: tax advice and arbitration cases

When performing their work functions, the employee must be sure of his safety. Therefore, the employer is obliged to take care of a number of measures to ensure it. AT labor law(Article of the Labor Code of the Russian Federation), GOSTs, the Order of the Ministries and other norms, rules have been developed that must be adhered to by each head of the company.

For example, the employer must organize various kinds of briefings, during which the employee gets acquainted with general principles work and safe practices. After training, you should check the acquired knowledge. To create interrelated norms in a separate enterprise, managers carry out the approval of a special provision.

The main provisions of labor protection legislation

Ensuring safety at the enterprise begins with the state level. This provision contains a number of rules and recommendations.

For example, a normal week is considered to be 40 hours, and for minors it is a maximum of 35 hours. workplace must be certified. Knowledge testing after training is also organized for the employees themselves. Specific enterprises are also developing regulations.

Regulations on the procedure for training and testing knowledge on labor protection

This document reflects the algorithm established for briefing and subsequent testing of knowledge.

Here are several types of mandatory briefings, each of which is carried out for a specific purpose:

  • Primary;
  • Repeated;
  • unscheduled;
  • Target.

The principle of training may differ according to the position of the employee. With regard to testing knowledge, choose the frequency of its implementation, as well as the reasons for it. A list of persons responsible for testing employees for knowledge is established.

Regulations on labor protection and safety in the organization

This document is more extensive in its content. Conducting training and subsequent testing of knowledge can only become a separate item in such a document. It also clearly spells out the responsibilities of the service responsible for labor protection.

Control over the state of this issue, the duties of the director, the duties of the chief accountant - all this is also included in the sample, with the help of which labor safety is mainly managed.

Sample order on approval of the regulation on labor protection

The order indicates that it is approved in order to implement the requirements of the law. The first point is that the manager is ordered to approve this regulatory document at the enterprise. . A responsible person for safety measures is also appointed here. Additionally, a program of specific briefings may be approved.

Sometimes a list of positions to which this order applies is established. Assuring this document, the head of the enterprise puts a personal signature.

Regulations on the labor protection management system at the enterprise

The standard regulation on the labor protection management system, which is in force in a separate organization, includes the following items:

  • Principles and tasks of the system;
  • The structure of this system;
  • Functions of the employer in the management of labor protection;
  • Functions of the authorized service at the enterprise;
  • Responsibilities of the OT commission;

Free form is suitable for this document. It contains information about the legal form of the company. The leader must also put his signature here, with the help of which the text is approved. Before compiling this document, it is recommended that you familiarize yourself with the sample filling. With its help, it will be easier for the manager to designate his own rules and conditions for working at the enterprise.

Regulations on the labor protection management system in the organization - sample

This document indicates that its content fully complies with the requirements of GOST on safety standards systems.

The main purpose of the document can be assessed by the "General Provisions". It is indicated that the OT management system is a component common system organization management. When managing OT, the Constitution, the Labor Code and other regulations. Here the concept of the object of control is defined. It means labor protection itself, which is a complete system for maintaining the health of employees who are working.

04/11/2016

Sample Regulations on the labor protection management system (OSMS) based on the Model Regulations on the labor protection management system, approved. by order of the Ministry of Labor and Social Protection of the Russian Federation of August 19, 2016 No. 438n

"APPROVE"
CEO
OOO "Sample"
__________________ Ivanov I.I.
(Approval Order No. _____ dated 04.11.2016)

POSITION
about the labor protection management system in Obrazets LLC

I. GENERAL PROVISIONS.

1. This Regulation has been developed in accordance with Article 209 Labor Code of the Russian Federation, the Standard Regulations on the Occupational Safety and Health Management System, approved by Order of the Ministry of Labor and Social Protection of the Russian Federation of August 19, 2016 No. 438n and other regulations in force in the field of labor protection.
Occupational health and safety management system (hereinafter referred to as OSHMS) is a part of the overall management system that ensures risk management in the field of health and safety related to the activities of Obrazets LLC (hereinafter referred to as the Company).
The management bodies of the Company form the Occupational Safety and Health Management System.
This regulation determines the procedure and structure of labor protection management in the Company, serves as a legal and organizational and methodological basis for the formation of management structures, regulatory documents.
The object of management is labor protection, as a system for preserving the life and health of workers in the course of labor activity, which includes legal, socio-economic, organizational, technical, sanitary and hygienic, treatment-and-prophylactic, rehabilitation and other measures.
2. The Regulations apply throughout the territory, in all
buildings and structures of the Company.
3. Requirements of the Regulations are obligatory for all employees of the Company

II. POLICY OF THE COMPANY IN THE FIELD OF LABOR SAFETY

4. The Company's policy in the field of labor protection (hereinafter - the Policy on
labor protection) is a public documented declaration
of the Company about the intention and guaranteed fulfillment of their obligations under
compliance with state regulatory requirements for labor protection and
voluntary commitments.
5. The labor protection policy ensures:
a) the priority of preserving the life and health of workers in the course of their
labor activity;
b) compliance of working conditions at workplaces with safety requirements
labor;
c) implementation of consistent and continuous measures (measures) to
prevention of accidents and ill health
workers, occupational injuries and occupational diseases,
including through occupational risk management;
d) accounting individual features workers, including
through the design of workplaces, the choice of equipment,
tools, raw materials and materials, means of individual and collective
protection, construction of production and technological processes;
e) continuous improvement and improvement of the efficiency of the OSMS;
f) mandatory involvement of employees authorized by them
representative bodies to participate in the management of labor protection and
ensuring working conditions that meet the requirements of labor protection,
through the necessary resources and encouragement of such
participation;
g) personal interest in ensuring, as far as possible,
safe working conditions;
h) fulfillment of other obligations in the field of labor protection based on
the specifics of their activities.

III. GOALS OF THE COMPANY IN THE FIELD OF LABOR SAFETY

6. The main objectives of the Occupational Safety and Health Management System in the Company:
implementation of the main directions of the organization's policy in the field of labor protection and the development of proposals for its improvement;
development and implementation of programs to improve working conditions and labor protection;
creation of conditions that ensure compliance with labor protection legislation, including ensuring the safety of the operation of buildings and structures used in the labor process, equipment, instruments and technical means labor process;
formation of safe working conditions;
control over compliance with labor protection requirements;
training and testing knowledge on labor protection, including the creation and improvement of a continuous education system in the field of labor protection;
prevention of accidents with persons engaged in labor activities in the Company;
protection and promotion of the health of personnel, persons engaged in labor activities in the Company, organization of their medical and preventive care, creation of an optimal combination of work modes, production process, organized recreation.

IV. DISTRIBUTION OF RESPONSIBILITIES IN THE SPHERE OF LABOR PROTECTION BETWEEN OFFICIALS OF THE COMPANY

7. Organizational system of labor protection management in the Company is three-level.
Occupational safety management at the first level, in accordance with the available authority, carries out CEO Society.
Occupational safety management at the second level, in accordance with the available powers, is carried out by a labor protection specialist.
Occupational safety management at the third level, in accordance with the existing powers, is carried out by the labor protection commission.
8. The procedure for organizing work on labor protection in the Company is determined by its Charter, Rules of internal work schedule, job descriptions and in accordance with the requirements of this Regulation.
9. The General Director of the Company in the manner prescribed by law:
- carries out general management of the Company's labor protection;
- ensures compliance with the current labor legislation, implementation of resolutions and orders of higher authorities, regulatory (legal) documents on labor protection issues, instructions of state supervision and control bodies, decisions labor collective, the collective agreement in terms of labor protection.
- organizes work to create and ensure working conditions in accordance with the current labor legislation, intersectoral and departmental regulations and other local acts on labor protection and the Charter of the Company;
- provides safe operation buildings and structures, engineering and technical communications, equipment and takes measures to bring them in line with current standards, rules and regulations on labor protection;
- timely organizes inspections and repairs of buildings (premises) of the Company;
- approves official duties on ensuring labor protection and instructions on labor protection for workers and employees of the Company;
- ensures the development and implementation of action plans for labor protection, targeted programs on labor protection;
- takes measures to implement the proposals of the team aimed at further improvement and improvement of working conditions;
- submits for discussion at production meetings and meetings of the labor collective issues of organizing work on labor protection;
- reports at the meetings of the labor collective on the state of labor protection, the implementation of measures to improve working conditions, as well as the measures taken to eliminate the identified shortcomings;
- provides financing for labor protection measures and monitors the effectiveness of their use, organizes the provision of the Company's employees with overalls, special footwear and other means personal protection in accordance with the current model standards and instructions, as well as persons passing industrial practice, when carrying out socially useful and productive labor, etc.;
- provides incentives to the Company's employees for active work to create and ensure healthy and safe working conditions;
- carries out bringing to disciplinary responsibility of persons guilty of violating labor legislation, rules and regulations on labor protection;
- carries out preventive work to prevent injuries and reduce the incidence of workers, persons undergoing industrial practice;
- controls the timely medical examination of employees;
ensures the implementation of directive and regulatory documents on labor protection, instructions of the governing bodies, state supervision and technical labor inspection;
- reports a group, severe accident and a case with a fatal outcome in state inspection labor fund social insurance, the prosecutor's office, the city administration, the territorial body of trade unions, Rostekhnadzor and other state and municipal bodies;
- takes all possible measures to eliminate the causes of the accident, provides the necessary conditions to conduct a timely and objective investigation in accordance with applicable regulations;
implementation of annual agreements on labor protection;
- summarizes the results of the implementation of the agreement on labor protection once every six months;
approves, in agreement with the trade union, instructions on labor protection for employees, persons undergoing industrial practice.
10. Labor protection service
The labor protection service is created for the organization of work on labor protection by the General Director of the Company.
The functions of the labor protection service in the Company are assigned to a labor protection specialist who reports directly to the General Director of the Company.
The labor protection specialist carries out his activities in cooperation with the labor protection commission.
The occupational safety specialist in their activities is guided by laws and other regulatory legal acts on protection, agreements (industry), collective agreement, agreement on labor protection, other local regulatory legal acts of the Company.
The main tasks of the labor protection specialist are:
- organization of work to ensure that employees comply with labor protection requirements;
- control over compliance by employees with laws and other regulatory legal acts on labor protection, a collective agreement, an agreement on labor protection, and other local regulatory legal acts of the Company;
- organization of preventive work to prevent industrial injuries, occupational diseases and diseases caused by production factors, as well as work to improve working conditions;
- ensuring the work of the labor protection cabinet, equipping it with the necessary manuals, training aids, etc.;
- development and revision of obsolete labor protection instructions;
- control in the provided cases of carrying out preliminary (when applying for a job) and periodic medical examinations workers;
- control over the issuance of overalls, special footwear and other necessary personal protective equipment to workers employed in production with harmful and (or) dangerous working conditions, as well as in work related to pollution or performed in adverse temperature conditions;
- control over the timely provision of workers with flushing agents in accordance with established standards;
- control over the timely implementation special evaluation working conditions, certification of sanitary technical condition working conditions, development and implementation, based on their results, of measures to bring the conditions and labor protection in line with regulatory requirements;
- study and dissemination of best practices in labor protection, promotion of labor protection issues.
To fulfill the tasks assigned to the labor protection specialist, the following functions are assigned:
- accounting and analysis of the state and causes of industrial injuries, occupational diseases and diseases caused by production factors;
- assistance to subdivisions in organizing and carrying out measurements of the parameters of dangerous and harmful production factors, in assessing the safety of equipment and devices;
- organization, methodological guidance of a special assessment of working conditions, certification of work on labor protection and control over their implementation;
- conducting inspections, surveys of the technical condition of buildings, structures, equipment, machines and mechanisms, devices, personal protective equipment for workers, the condition of sanitary devices, the operation of ventilation systems for compliance with labor protection requirements;
- development of programs to improve working conditions and labor protection, prevent occupational injuries, occupational diseases, diseases caused by production factors; providing organizational and methodological assistance for the implementation of planned activities;
- participation in the drafting of sections of the collective agreement relating to conditions and labor protection;
- assisting the General Director of the Company in compiling lists of positions in accordance with which employees must undergo mandatory preliminary and periodic medical examinations, as well as positions in accordance with which, on the basis of the current legislation, employees are provided with compensation for hard work and work with harmful or dangerous working conditions;
- participation in the work of the accident investigation commission;
- registration and storage of documents related to labor protection requirements, in accordance with the established deadlines;
- participation in the preparation of documents for the appointment of insurance payments in connection with accidents at work or occupational diseases;
- reporting on labor protection and working conditions according to the forms established by the State Statistics Committee of Russia;
- development of training programs on labor protection for the Company's employees;
- conducting an introductory briefing on labor protection with all persons entering work, seconded, undergoing industrial practice;
- control over the provision and proper use of personal and collective protective equipment;
- organization of timely training on labor protection for employees of the Company, including its General Director, and participation in the work of commissions to test knowledge of labor protection requirements;
- providing officials, structural subdivisions of the Company with local regulatory legal acts of the Company, visual aids and educational materials on labor protection;
- organization of meetings on labor protection;
- bringing to the attention of employees of existing laws and other regulatory legal acts on labor protection Russian Federation, collective agreement, labor protection agreement in the Company;
- control over the implementation of measures provided for by the programs, plans for improving working conditions and labor protection, the section of the collective agreement relating to labor protection issues, the agreement on labor protection, as well as the adoption of measures to eliminate the causes that caused the accident at work, the implementation of the instructions of the state supervision and control over compliance with labor protection requirements, other measures to create safe working conditions;
- control over the timely conduct of the necessary tests by the relevant services and technical examinations equipment, machines and mechanisms;
- control over the organization of storage, distribution, washing, dry cleaning, drying, degreasing and repair of special clothing, special footwear and other means of individual and collective protection;
- control over the correct spending of funds allocated for the implementation of measures to improve working conditions and labor protection;
- control over the employment of women and persons under the age of 18 in accordance with the legislation of the Russian Federation;
- Consideration of letters, applications, complaints from employees regarding issues of working conditions and labor protection, preparation of proposals to the Director of the Company to eliminate the identified shortcomings.
Occupational Safety Specialist:
- organizes an introductory briefing on labor protection with newly hired persons, briefing at the workplace with employees of the Company;
- plans, in accordance with the established procedure, periodic training of the Company's employees on issues of labor protection at short-term courses and seminars;
- takes measures together with the trade union to improve the organization of food, the range of products, the creation of conditions for high-quality cooking in the canteen;
- take action with medical workers to improve medical care and health work;
- provides the workload of the workers, taking into account their psychophysical capabilities, organizes the optimal modes of work and rest;
- prohibits work in the presence of hazardous conditions for the health of persons involved in labor activity;
- provides payment sick leave disability and additional payment to persons working in unfavorable working conditions;
- is personally responsible for ensuring healthy and safe working conditions in the Company.
11. Commission on labor protection
The Commission on Labor Protection (hereinafter referred to as the Commission) is integral part Occupational safety management systems of the Company.
The Commission is organized by order of the General Director of the Company.
The work of the Commission is based on the principles of social partnership.
The Commission interacts with government bodies management of labor protection, bodies of the federal labor inspectorate, other state bodies of supervision and control.
The Commission in its activities is guided by the laws and other regulatory legal acts of the Russian Federation, the collective agreement, and other local regulatory legal acts of the Company.
The tasks of the Commission are:
- development on the basis of the proposals of the members of the Commission of the program of joint actions of the Director of the Company, trade union to ensure the requirements of labor protection, the prevention of industrial injuries, occupational diseases;
- organization of inspections of the state of conditions and labor protection at workplaces, preparation of appropriate proposals to the employer for solving problems of labor protection based on an analysis of the state of conditions and labor protection, industrial injuries and occupational morbidity;
- informing employees about the state of conditions and labor protection at the workplace, the existing risk of damage to health and about compensations due to employees for work in hazardous and hazardous conditions work, personal protective equipment.
The functions of the Commission are:
- consideration of proposals of the employer, employees, trade union to develop recommendations aimed at improving the conditions and labor protection of employees;
- participation in conducting inspections of the state of conditions and labor protection in the Company, reviewing their results and developing recommendations for the employer to eliminate the identified violations;
- informing the Company's employees about the measures taken to improve working conditions and labor protection, prevent industrial injuries, occupational diseases;
- bringing to the attention of the Company's employees the results of a special assessment of working conditions and certification of work on labor protection;
- assistance in organizing pre-employment and periodic medical examinations and compliance with medical recommendations during employment;
- participation in consideration of the issues of financing labor protection measures in the Company, compulsory social insurance against accidents at work and occupational diseases;
- preparation and submission to the employer of proposals for improving work on labor protection and maintaining the health of workers;
- consideration of drafts of local normative legal acts on labor protection and preparation of proposals on them to the employer, the trade union elected body.

V. PROCEDURES AIMED TO ACHIEVING THE OBJECTIVES OF THE COMPANY IN THE FIELD OF LABOR SAFETY

12. In order to organize the procedure for training security personnel
labor, the General Director of the Company by his order establishes:
a) requirements for the necessary professional competence for
labor protection of employees, its verification, maintenance and development;
b) a list of professions (positions) of employees undergoing training
on labor protection, indicating its duration for each profession
(positions);
c) a list of professions (positions) of employees undergoing training
on labor protection in training organizations admitted to provide services in
areas of labor protection;
d) a list of professions (positions) of employees undergoing training
on labor protection at the employer;
e) a list of professions (positions) of employees exempted from
passing initial briefing at work;
f) employees responsible for conducting security briefings
labor at the workplace in the structural divisions of the employer, for
conducting an internship in labor protection;
g) questions included in the training program on labor protection;
h) the composition of the Company's commission for checking knowledge of security requirements
labor;
i) regulations for the work of the employer's commission for testing knowledge
labor protection requirements;
j) a list of issues on labor protection, on which employees are
examination of knowledge in the commission of the employer;
k) the procedure for organizing training in first aid
injured as a result of accidents and accidents at work;
l) the procedure for organizing and conducting labor protection briefings;
m) the procedure for organizing and conducting an internship at the workplace and
labor protection training;
n) organizational procedure for conducting a special assessment of the conditions
labor at the workplace of the employer in terms of the activities of the commission on
conducting a special assessment of working conditions.
13.When considering various industrial hazards the General Director of the Company establishes the procedure for conducting
analysis, evaluation and ordering of all identified hazards based on
priority of the need to eliminate or reduce the level of professional risk they create, and taking into account not only the regular conditions of their
activities, but also cases of deviations in work, including those related to
possible accidents.
14. In order to organize a procedure for informing employees about
working conditions at their workplaces, occupational risk levels, and
also about the guarantees provided by him, the compensation due
the General Director of the Company by his order establishes
(determines) the forms of such informing and the procedure for their implementation.
Such information may take the form of:
a) the inclusion of relevant provisions in labor contract employee;
b) familiarizing the employee with the results of a special assessment of the conditions
labor at his workplace;
c) posting summary data on the results of the special
assessment of working conditions at workplaces;
d) holding meetings, round tables, seminars, conferences,
meetings of interested parties, negotiations;
e) production and distribution of newsletters,
posters, other printed matter, video and audio materials;
f) use information resources in
information and telecommunication network "Internet";
g) posting relevant information in public places.

VI. PLANNING ACTIVITIES TO ORGANIZE PROCEDURES

15. For the purpose of planning activities for the implementation of procedures
the General Director of the Company, based on the specifics of the Company's activities, establishes the procedure for preparing, reviewing and updating the action plan for the implementation of procedures (hereinafter referred to as the Plan).
16. The Plan reflects:
a) the results of the work carried out by the committee (commission) on labor protection
(if any) or a labor protection specialist analyzing the state of conditions and labor protection;
b) a general list of activities carried out during the implementation of procedures;
c) the expected result for each activity carried out during
implementation of procedures;
d) implementation timeline for each activity carried out during
implementation of procedures;
e) responsible persons for the implementation of activities carried out under
implementation of procedures at each level of management;
f) source of funding for activities carried out during the implementation
procedures.

VII. CONTROL OF THE FUNCTIONING OF THE OMS AND MONITORING THE IMPLEMENTATION OF THE PROCEDURES

17. In order to organize control over the functioning of the OSMS and monitoring
the implementation of the procedures, the General Director of the Company, by his order, establishes (determines) the procedure for the implementation of measures,
providing:
a) assessment of the compliance of the state of conditions and labor protection with the requirements
labor protection, labor protection agreements to be implemented;
b) obtaining information to determine the effectiveness and
effectiveness of procedures;
c) obtaining data that form the basis for decision-making on
improvement of the OSMS.

VIII. PLANNING FOR IMPROVEMENTS IN THE FUNCTIONING OF THE OSMS

18. In order to organize planning for improving the functioning of the OSMS
The General Director of the Company annually, based on the proposals of a specialist in the field of labor protection and the commission on labor protection, and taking into account the results of control and supervisory activities of state authorities, proposals from employees and (or) representative bodies authorized by them, approves a plan for improving the functioning of the OSMS.

IX. RESPONSE TO ACCIDENTS, ACCIDENTS AND OCCUPATIONAL DISEASES

19. In order to ensure and maintain safe working conditions,
prevention of industrial injuries and occupational
morbidity, the General Director of the Company establishes the procedure for identifying potential accidents, the procedure for actions in case of their occurrence.
20. When establishing the procedure for actions in the event of an accident
the employer takes into account existing and developing plans
response to accidents and liquidation of their consequences, as well as the need to guarantee in the event of an accident:
a) protection of people in the work area in the event of
accidents through the use of an internal communication system and coordination of actions to eliminate the consequences of the accident;
b) the ability of workers to stop work and / or immediately
leave the workplace and go to a safe place;
c) non-resumption of work in an accident;
d) providing information about the accident to the relevant competent
bodies, services and divisions for the elimination of emergency and emergency situations, reliable communication between the employer and them;
e) providing first aid to victims of accidents and
accidents at work and, if necessary, calling an ambulance
medical care (or the provision of first aid if the employer has a health center), the implementation of fire-fighting measures and the evacuation of all people in the working area;
f) training of workers for the implementation of measures to prevent
accidents, ensuring preparedness for them and liquidating their consequences,
including regular training in conditions close to
real accidents.
21. In order to timely identify and understand the causes
occurrence of accidents, accidents and occupational diseases, the General Director of the Company establishes the procedure
investigation of accidents, accidents and occupational diseases, as well as the preparation of reporting documents.

X. DOCUMENT MANAGEMENT

22. In order to organize the management of the OSMS documents, the General Director of the Company establishes (determines) the forms and
recommendations on the execution of local regulations and other documents,
containing the structure of the system, duties and responsibilities in the field
labor protection for each structural unit of the employer and
a specific contractor, processes for ensuring labor protection and control,
necessary links between structural divisions employer,
ensuring the functioning of the OSMS.
23. As special kind OSMS documents that are not subject to
review, update, update and change, is determined
OSMS control and accounting documents (records), including:
a) acts and other data records arising from the implementation of the OSMS;
b) accounting logs and acts of recording data on accidents, accidents
cases, occupational diseases;
c) records of data on the effects of harmful (hazardous) factors
the working environment and the labor process on employees and monitoring the working conditions and health of employees;
d) the results of monitoring the functioning of the OSMS.

XI. FINAL PROVISIONS

24. If the current legislation changes, this Regulation is subject to revision.
25. In all other respects not provided for by this Regulation, the Company's officials must be guided by the current legislation in the field of labor protection and the Model Regulation on the labor protection management system, approved by order of the Ministry of Labor and Social Protection of the Russian Federation dated August 19, 2016 No. 438n.
26. All employees of the Company should be familiar with this Regulation.

It was approved by the Ministry of Labor and Social Protection back in 2016. Since then, many similar provisions have been created, adapted for various industries; Order 438 still serves as a starting point for all organizations in terms of developing and implementing a labor protection management system. The reason for this is not only the obligation of leaders to the Law, but also the capacity of the model provision itself. Take a closer look and you will see in this document the most detailed instructions on how to develop and implement the entire system. As you may have guessed, we will talk about how to use the .

Standard provision on the labor protection management system - instructions for action

We cannot but admit that (SMS) is compiled taking into account all the needs of the employer. Judge for yourself:

  • position is universal: having experience in document management and understanding labor protection, any head of the organization is able to;
  • capacitive position: the standard provision on OSMS contains short description all sections of the labor protection management system - this means that you can safely “deploy” the entire system from the document;
  • position briefly: 26 pages do not frighten with their volume - it is psychologically easy to study the document and apply it for its intended purpose.

Just about the latter now and will be discussed. We will focus your attention on the key points of the model provision on the labor protection management system in order to show how the whole is built on this document.

Standard provision on the labor protection management system - key points

System Structure

First of all, let us turn to the structure of the future labor protection management system. It says the following about her:

8. The following sections (subsections) are included in the regulation on the OSMS, taking into account the specifics of the employer's activities ...

Sections of the provision displayed in paragraph 8 indicate key elements labor protection management systems:

  • employer's policy in the field of labor protection;
  • the objectives of the employer in the field of labor protection;
  • ensuring the functioning of the OSH (distribution of responsibilities in the field of labor protection between officials employer);
  • procedures aimed at achieving the objectives of the employer in the field of labor protection;
  • planning activities for the implementation of procedures;
  • control over the functioning of the OSMS and monitoring the implementation of procedures;
  • planning to improve the functioning of the OSMS;
  • response to accidents, accidents and occupational diseases;
  • OSMS document management.

Distribution of duties

Perhaps the most detailed description in the standard provision is ensuring the functioning of the OSH (it is also the distribution of duties in the field of labor protection between the employer's officials):

17. The distribution of duties in the field of labor protection between the officials of the employer is carried out by the employer using management levels.

Standard provision on the labor protection management system defines the following main levels of management:

  • production team level;
  • the level of the production site;
  • level production shop(structural division);
  • branch level (separate structural subdivision);
  • service level (set of several structural units);
  • the level of the employer as a whole.

Set the number and name of management levels, it is easiest to refer to organizational structure enterprise, which is an integral part of the organization.

Related video:

Responsibility for the issuance of personal protective equipment is now on the software

Professional risks

We talked quite a lot about the assessment of professional risks: how to identify, evaluate and reduce them. For example, in we talked about why to assess and record professional risks. Standard provision on the labor protection management system in itself significantly facilitates the management of professional risks, since it contains detailed list possible hazards.

35. Based on the specifics of its activities, the employer has the right to consider any of the following as hazards that pose a threat to the life and health of employees ...

The standard provision on the OSMS identifies such groups of hazards as: mechanical, electrical, thermal, climatic, barometric, etc. It is worth remembering that the results of a special assessment of working conditions (SOUT) help in managing occupational risks, but one should not expect their full compliance . The reason for this is the methodology by which the SOUT is carried out - it is fundamentally different from the standard procedure for assessing professional risks.

System Procedures

A rather voluminous part of the model provision on the labor protection management system is occupied by a description of procedures - detailed instructions for carrying out labor protection measures that are mandatory in the organization. Standard provision on the labor protection management system establishes the need for the following procedures:

  • training of workers in labor protection;
  • organizing and conducting an assessment of working conditions;
  • professional risk management;
  • organizing and conducting monitoring of the health status of employees;
  • informing employees about working conditions;
  • security:
    • optimal modes work and rest of employees;
    • employees with personal and collective protection equipment;
    • employees with milk and other equivalent food products;
    • safe execution of contract work, supply of safe products.

Summarize

Standard provision on the labor protection management system It is designed in such a way that it is not something supernatural to “deploy” on its basis a full-fledged labor protection management system. Some of the sections of the regulation contain the key elements of the system itself, and the regulation as a whole - detailed guide to action.

Since the end of October 2016, the Ministry of Labor has finally introduced a new concept that every employer will have to face - SWAT. Let's take a look at why this is important and what steps you need to take to comply with the new labor law requirements.

New document for all employers

On October 13, 2016, the Ministry of Justice of Russia registered the order of the Ministry of Labor of August 19, 2016 No. 438n, which approved Standard provision on the labor protection management system. Its second official name is encrypted into an abbreviation - SWAT. Officially, the document came into force on October 28, 2016.

Its usefulness is that developed by officials regulation on the labor protection management system 2016 year will help all employers (firms and businessmen with staff) to fulfill their obligation to create a workable in their country. Namely:

  1. choose a suitable structure;
  2. correctly formulate the relevant provisions on labor protection.

In fact, SWAT- this is a general policy of labor protection at the enterprise (declaration) and how to achieve the set goals.

Requirements SWAT affect not only staff, but are mandatory for all other persons who are present on the territory of this employer: customers, visitors, contractors.

Note that until recently a new sample of the OSMS at the enterprise could have been absent. The fact is that the Ministry of Labor prescribed in the Labor Code its obligation to develop standard provision on the labor protection management system back in 2014. However, this happened only at the end of October 2016.

It is believed that all this time the Ministry of Labor has been trying to develop regulation on the labor protection management system which would suit almost any organization. However, it turned out to be impossible to put the plans into practice for objective reasons: too many features and nuances would have to be taken into account within the framework of one document on labor protection management system.

What is required by the Labor Code of the Russian Federation

Article 212 of the Labor Code obliges any person who uses hired labor to ensure the safety and security of all labor processes. One of the first steps along this path should be the creation of a workable labor protection management systems at the enterprise. Such an obligation has appeared in the Code for employers since 2014.

In general, independently create an sensible labor protection management system in the organization- it's not a simple matter. Therefore, it is better in this matter to focus on standard provision on OSMS 2016 years in the version of the Ministry of Labor. Moreover, this is not a mandatory regulatory document, but only a standardized version. local act about SWAT which every employer should have.

OSMS 2016 and regulations different kind

Every employer must comply established by the state regulatory requirements for labor protection. These are various standards, rules, instructions, etc. Therefore, starting work on a new sample of the OSMS at the enterprise needed considering:

  • areas of activity of the organization;
  • achievements of science and practice;
  • obligations assumed;
  • international, interstate and national standards, guidelines;
  • recommendations of the International Labor Organization on SWAT and production safety.

The right approach

In our opinion, just take from the worldwide network and download a new sample of the OSMS at the enterprise won't be enough. After all, it was developed by third-party specialists (even if based on the version of the Ministry of Labor), but not for your business. And, as you can see, the main principle of proper labor protection management systems– her personality! Regulations on the OSMS at the enterprise sample 2016 year should be maximally tailored to the needs of a particular company (IP) and the specifics of its activities.

Thus, to begin the fulfillment of the obligation under Art. 212 of the Labor Code of the Russian Federation, the employer needs to develop his own regulation on SWAT. This can be done independently or with the help of third-party specialists. Then the manager approves this provision by his order (taking into account the opinion of the employees and / or their body, if any).

Recall that Article 217 of the Labor Code of the Russian Federation obliges to have a labor protection specialist if the organization has more than 50 staff. He can be trusted to develop a new type of OSMS at the enterprise.

Please note that SWAT should be compatible with other control systems that operate in the enterprise. According to model provision about the labor protection management system 2016 years, with a staff of up to 15 people, you can limit yourself to general requirements and not be smart complex structure SWAT.

Pay special attention that labor protection management system in general should include the following items:

  • labor protection policy;
  • goals of labor protection;
  • how the responsibilities for labor protection are distributed among officials;
  • labor protection measures (training of employees, assessment of working conditions, management of occupational risks, monitoring the health of personnel, informing employees about working conditions, ensuring optimal work and rest regimes, protective equipment, nutrition, etc.);
  • plans for the implementation of security measures;
  • function control SWAT and monitoring;
  • improved functioning SWAT;
  • response to accidents, accidents and occupational diseases;
  • document management SWAT.

How will they punish

Unfortunately, the legislation does not establish the exact period within which each enterprise must fulfill the obligation to create its own labor protection management systems. However labor inspectors be sure to check:

  1. is there such internal documentation;
  2. how adequate it is or made “for show”.

Don't forget that the absence SWAT falls under the first and fifth parts of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation. And the fine here can reach 200,000 rubles or the suspension of activities. This is especially worth considering for those organizations in which work is associated with a risk to the life and / or well-being of employees.

We continue to publish samples of documents on labor protection. We hope that the presented material will help you in the development and updating of your own similar regulatory legal acts. Today we are presenting the Model Regulations on the Occupational Safety and Health Management System in medical organizations. The document concisely reviews all the main activities for labor protection in healthcare institutions.

The present exemplary position developed in accordance with the interstate standard "System of labor safety standards. Occupational safety management systems. General requirements"(put into effect by the order of Rostekhregulirovanie of 10.07.2007 N 169-st), the national standard of the Russian Federation GOST 12.0.007-2009" System of labor safety standards. Occupational safety management system in the organization. General requirements for the development, application, evaluation and improvement "(approved and put into effect by order of the Federal Agency for Technical Regulation and Metrology dated April 21, 2009 N 138-st) and other regulatory legal acts on labor protection in order to ensure healthy and safe conditions employee safety and patient safety.

1.1. The labor protection management system is a part of the overall management system of the organization that ensures the management of risks in the field of health and safety related to the activities of the organization.

1.4. The Regulation defines the procedure and structure for managing labor protection, ensuring life safety in government organizations implementing medical activity(hereinafter referred to as a healthcare institution), serves as a legal and organizational and methodological basis for the formation of management structures and regulatory documents.

Occupational safety - 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 an employee;

Labor protection requirements - state regulatory requirements for labor protection and labor protection requirements established by the rules and instructions for labor protection;

A special assessment of working conditions is a single set of consistently implemented measures to identify harmful and (or) dangerous factors working environment and labor process (hereinafter referred to as harmful and (or) dangerous factors of production) and assessment of the level of their impact on the employee, taking into account the deviation of their actual values ​​from the standards (hygienic standards) established by the federal executive body authorized by the Government of the Russian Federation for working conditions and the use of personal and collective protective equipment for workers. Based on the results of a special assessment of working conditions, classes (subclasses) of working conditions at workplaces are established.

1.6. The obligation to ensure safe conditions and labor protection in an organization is assigned in accordance with the Labor Code of the Russian Federation to the employer, who for this purpose creates a labor protection management system (OSMS), which is an integral part (subsystem) of the overall management system of the organization. The basis for the functioning of the labor protection management system is the normative legal framework, including local, developed directly in the organization.

1.7. Occupational safety and health management system - a set of interrelated or interacting elements that establish policies and goals for labor protection and procedures for achieving these goals.

Provision of workers with special clothing, footwear, personal and collective protective equipment, sanatorium and household services at the expense of the employer;

3.1. General management Occupational safety and health in health care institutions under the jurisdiction of the health management body of the constituent entity of the Russian Federation is carried out by the corresponding body, which ensures:

Development and implementation of preventive measures aimed at reducing industrial injuries and occupational morbidity, improving working conditions and sanitary services workers in industry institutions;

Representation to the executive authority of the subject of the Russian Federation, carrying out public administration labor protection, necessary information and materials for the analysis of the state of conditions and labor protection and training management decisions for their improvement;

Participation in the investigation of industrial accidents (group, severe and fatal) that occurred in subordinate institutions;

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