home Internet professions Occupational safety and health of people assumes. Occupational Safety and Health. Occupational safety is a system for preserving the life and health of workers in the course of labor activity, including legal ones. Basic principles of labor protection

Occupational safety and health of people assumes. Occupational Safety and Health. Occupational safety is a system for preserving the life and health of workers in the course of labor activity, including legal ones. Basic principles of labor protection

Topic 2. Tasks and directions of social policy of the Russian Federation

The main task of the social policy of the Russian Federation are achievement of the well-being of the individual and society, ensuring equal and fair opportunities for the development of the individual. This task of the social policy of the Russian state must be solved in close unity with its economic policy.

The main task of the social development of Russian society determines the main directions of social policy, the implementation of which in practice will lead to the creation the most important elements of the welfare state in the Russian Federation. These include: labor protection and human health; establishing a guaranteed minimum wage; providing state support for the family, motherhood, fatherhood and childhood, the disabled and the elderly; development of the social service system; establishment of state pensions, allowances and other guarantees of social protection.

Occupational safety and health of people

Labor is the basis of the life of any society, the decisive sphere of application of human forces and abilities. However, in a democratic society, labor cannot be forced. Citizen himself disposes of his abilities to work independently or on the basis of a contract.

The activity of citizens related to the satisfaction of personal and social needs, which does not contradict the legislation of the Russian Federation and brings them earnings, is commonly called employment.

the Russian Federation seeks to create conditions for full employment:

Security equal opportunities for all citizens living on the territory of the Federation, regardless of nationality, gender, age, social status, political opinions and attitude to religion, in exercising the right to free work and free choice of occupation;

- support labor and entrepreneurial initiative of citizens, carried out within the framework of the law, promoting the development of their abilities for productive and creative work;

- social protection in the field of employment, holding special events that promote the employment of citizens experiencing difficulties in finding a job;

- coordination of activities in the field of employment with activities in other areas of economic and social policy, including social security, regulation of growth and distribution of income, prevention of inflation;

- encouragement of employers that create new jobs, primarily for citizens who are in particular need of social protection and who experience difficulties in finding a job;

- coordination of activities of state bodies, trade unions , their organizations, associations (unions) of entrepreneurs in the development and implementation of measures related to employment of the population, and control over their implementation;

- the international cooperation in solving the problems of employment of the population, including issues related to the labor activity of citizens of the Russian Federation abroad and foreign citizens on the territory of the Russian Federation.

The State implements training, vocational training and retraining programs for employees. Programs for employees registered with the employment service as job seekers can be carried out at the direction of the employment service in cases where: it is impossible to find a suitable job due to the citizen's lack of the necessary professional qualifications; it is necessary to change the profession (qualification) due to the lack of work that meets the citizen's professional skills; the citizen has lost the ability to perform work in the former profession (specialty); a citizen wants to get another profession (specialty).

State guarantees the payment of unemployment and retraining benefits. The unemployed are able-bodied citizens who do not have work and earnings, are registered with the employment service in order to find a suitable job, are looking for work and are ready to start it. At the same time, payments of severance pay and retained average earnings to citizens dismissed from organizations (from military service) regardless of their organizational and legal form and form of ownership (hereinafter - organizations) are not taken into account as earnings in connection with the liquidation of the organization or the reduction in the number or staff of employees organizations.

The state provides citizens who have lost their jobs, who are being laid off from enterprises, organizations and institutions, as well as citizens who are looking for work for the first time or who want to resume their labor activity after a long break, compensation, scholarships during the period of vocational training, retraining or advanced training; pays unemployment benefits ; creates opportunities for participation in paid public works ; compensates for the costs of voluntary relocation to another locality at the suggestion of the employment service. Every citizen who has reached the age of 16 and has the status of an unemployed person can exercise the right to receive unemployment benefits or compensation. This right is lost when a citizen reaches retirement age.

The state pays attention to the creation healthy and safe working conditions , introduces for persons employed in industries or areas of production with particularly difficult, dangerous or harmful working conditions, benefits that serve as a form compensation for work that is detrimental to human health.

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Introduction

Modern socio-economic and legal reforms in the Russian Federation have led to serious problems and contradictions in the organization of labor protection and health. Injuries at work and occupational diseases bring not only grief and suffering to specific people, their relatives and friends, but also directly affect the country's economy and negatively affect the lives of the people.

According to estimates, the number of accidents at work has recently increased and amounts to 125 million annually on the planet, as a result of which up to 220 thousand people die. Injuries and occupational diseases do not spare any region of the world. According to general data in Russia, on average, more than 400 thousand people are injured annually, 8 thousand of whom die, 12 thousand people become disabled.

It is no coincidence that the issue of measures to ensure safety at work has become the subject of consideration. It is noted that in recent years, enterprises in most sectors of the economy have developed an extremely unfavorable situation in ensuring labor safety, and this issue has become one of the main components of the problem of ensuring national security.

The country has been implementing economic reforms for a long time, affecting all spheres of public life. The development of various forms of ownership implies fundamentally new approaches to the legal regulation of relations in the field of labor protection and health.

In the context of economic liberalization, it can be seen that the system of labor protection organization created for decades, which in the past was based on the formation of comprehensive plans for improving working conditions, labor protection and sanitary and recreational measures, has practically disintegrated, had managerial communications and information flows based on sectoral labor protection services. , regional branches of sectoral services and labor protection services of enterprises, i.e., it was of a sectoral nature.

Rejection of command-administrative methods of management, the introduction of new relations between the center and the subjects of the Federation, the changing role of sectoral management bodies and trade unions, the transition to a wider use of market regulators, as well as many other reasons necessitate the search for modern ways and methods of state and legal regulation of labor protection and health.

The reforms being carried out in the country, no matter how hard they are, are ultimately aimed at strengthening the country's economy, at achieving better living conditions for people, and if we really want to achieve this, then we cannot treat labor protection and health protection as something - something secondary, as, unfortunately, some economists think, believing that the costs of them do not give any dividends.

During the formation of a market economy in Russia, the issues of labor protection and health are of particular importance. The use of hired labor in various organizational and legal forms and structures, including those based on private property, creates the danger of neglecting labor protection requirements and reducing investment in this particular area. Life confirms that many enterprises and entrepreneurs, in pursuit of profit and high earnings, do not even invest in the development of production, not to mention measures to improve working conditions and protect it. Thus, a real threat to the life and health of workers is created.

Entrepreneurs in Western countries have long been convinced that occupational safety and health is one of the most effective levers that increase profits. It is necessary that in our country the organization of labor protection and health should be among the priority areas of the state's social policy. It should be clearly stated that the improvement of the situation in this area will reduce the human, moral and material losses that our state is burdened with.

Chapter 1.Constitutional basis for the organization of labor protection

The Constitution contains the fundamental principles for the development of the system of legislation in the field of labor protection, determines the leading role of the state in the organization of labor protection in the Russian Federation.

It has been established that the system of labor protection management and the organization of labor protection are practically identical concepts.

The labor protection management system consists of three elements: The first element is the control subsystem. The second element is the managed subsystem. The third element of the system is a set of direct and feedback links between the control and managed subsystems, the control action created and regulated by the system, functions, tasks, information flows, etc.

The organization of labor protection includes not only the norms governing this type of social relations, but also the norms that determine the political status, tasks, functions of the bodies involved in the legal regulation of the organization of labor protection.

The structure of the legal regulation of the organization of labor protection should be such that each of the elements of public administration is given the legal form that corresponds to its essence and purpose, ensures its effective implementation.

The system of legislation in the field of labor protection consists of:

Norms and rules governing the organization and management of labor protection;

Norms and rules governing the provision of labor protection;

Norms and rules governing the activities of state supervision and public control bodies, as well as establishing various types of legal liability in connection with violation of legislation on the organization of labor protection.

The regulation of relations in the field of labor protection organization can be defined as the implementation, with the help of the entire set of legal means, of legal influence on social relations in the field of labor protection organization.

The Constitution of the Russian Federation of 1993 (part 3 of article 37) establishes that everyone has the right to work in conditions that meet the requirements of safety and hygiene. This right can be exercised through technical re-equipment and reconstruction of production, complex mechanization, automation, electrification and robotization of production processes.

In the fundamental law of our state - the Constitution of the Russian Federation, the principle of labor protection is defined in Article 37: "Everyone has the right to work in conditions that meet the requirements of safety and hygiene."

The following issues are reflected in the "Labor Code of the Russian Federation":

in chapter X - "Labor protection";

in chapter XI - "Work of women";

in chapter XII - "The Labor of the Youth".

The main principles of the state policy in the field of labor protection are presented in the federal law of the Russian Federation "On the fundamentals of labor protection in the Russian Federation", adopted on June 23, 1999. In particular:

Recognition of the priority of the life and health of an employee in relation to the results of production activities;

State management and coordination of activities in the field of labor protection, state supervision and control over compliance with labor protection requirements;

Establishment of uniform regulatory requirements for labor protection for enterprises of all forms of ownership;

Ensuring public control over compliance with labor protection legislation;

Mandatory investigation of accidents at work and occupational diseases;

Training in safe labor practices and training of specialists in the field of labor protection;

Guaranteeing compensation for harm caused to employees other principles.

Additional labor protection conditions are considered when drawing up a collective agreement and contract, i.e. individual labor contract (Labor Code of the Russian Federation, chapter 3).

On August 12, 1994, the Government of the Russian Federation adopted Decree N937 "On state regulatory requirements for labor protection in the Russian Federation", which approved a list of types of regulatory legal acts containing state regulatory requirements for labor protection in the Russian Federation.

The same resolution established that the Russian Federation has a system of regulatory legal acts containing uniform regulatory requirements for labor protection that are mandatory for use in the design, construction (reconstruction) and operation of facilities, the design of machines, mechanisms and equipment, the development of technological processes, and the organization of production and labor.

According to the resolution, the following types of normative legal acts on labor protection can be distinguished (abbreviations are given in brackets).

State standards of the System of Labor Safety Standards (GOST R SSBT) - approved by the State Standard of Russia and the Ministry of Construction of Russia.

Industry standards of the system of labor safety standards (OST SSBT) - approved by the federal executive authorities.

Sanitary rules (SP), sanitary norms (SN), hygienic standards (GN) and sanitary rules and norms (SanPiN) - approves the State Committee for Sanitary and Epidemiological Supervision of Russia.

Construction norms and rules (SNiP) - approved by the Ministry of Construction of Russia.

Safety rules (PB), rules for design and safe operation (PUBE), safety instructions (IB) - are approved by federal supervisory authorities in accordance with their competence.

Rules for labor protection intersectoral (POT M) - approves the Ministry of Labor of Russia.

Intersectoral organizational and methodological documents (regulations, recommendations, instructions) - approved by the Ministry of Labor of Russia and federal supervisory authorities.

Industry-specific labor protection rules (POT O) - approved by federal executive authorities.

Model industry instructions for labor protection (TOI) - approved by the federal executive authorities.

Industry organizational and methodological documents (regulations, instructions, recommendations) - approved by the federal executive authorities.

The executive authorities of the constituent entities of the Russian Federation, on the basis of state regulatory legal acts containing labor protection requirements, develop and approve the relevant regulatory legal acts on labor protection.

Enterprises, institutions and organizations develop and approve enterprise standards of the system of labor safety standards (STP SSBT), instructions on labor protection for employees and for certain types of work (IOT) based on state regulatory legal acts and relevant regulatory legal acts of the constituent entities of the Russian Federation.

Trade unions and other representative bodies authorized by employees have the right to take part in the development and approval of normative legal acts on labor protection.

Chapter 2. Constitutional foundations of health care

In accordance with the Constitution of the Russian Federation, generally recognized principles and norms of international law, international treaties of the Russian Federation, recognizing the fundamental role of protecting the health of citizens as an essential condition for the life of society and confirming the responsibility of the state for preserving and strengthening the health of citizens of the Russian Federation, striving to improve legal regulation and fixing priority of the rights and freedoms of a person and a citizen in the field of health protection, these Fundamentals establish legal, organizational and economic principles in the field of health protection of citizens.

Health protection of citizens is a set of political, economic, legal, social, cultural, scientific, medical, sanitary-hygienic and anti-epidemic measures aimed at preserving and strengthening the physical and mental health of each person, maintaining his long-term active life, providing him with medical care in case of loss of health.

Citizens of the Russian Federation are guaranteed the right to health care in accordance with the Constitution of the Russian Federation, generally recognized principles and international norms and international treaties of the Russian Federation, Constitutions (charters) of the subjects of the Russian Federation.

The main principles of protecting the health of citizens are:

1) observance of the rights of a person and a citizen in the field of health protection and provision of state guarantees related to these rights;

2) the priority of preventive measures in the field of protecting the health of citizens;

3) availability of medical and social assistance;

4) social protection of citizens in case of loss of health;

5) the responsibility of public authorities and local governments, enterprises, institutions and organizations, regardless of the form of ownership, officials for ensuring the rights of citizens in the field of health protection.

The legislation of the Russian Federation on the protection of the health of citizens consists of the relevant provisions of the Constitution of the Russian Federation and the Constitutions (charters) of the constituent entities of the Russian Federation, these Fundamentals, other federal laws and federal regulatory legal acts, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

These Fundamentals regulate the relations of citizens, state authorities and local governments, business entities, subjects of the state, municipal and private health care systems in the field of protecting the health of citizens.

The laws of the constituent entities of the Russian Federation, regulatory legal acts of local governments should not restrict the rights of citizens in the field of health protection established by these Fundamentals.

The tasks of the legislation of the Russian Federation on the protection of the health of citizens are:

1) determining the responsibility and competence of the Russian Federation, the constituent entities of the Russian Federation on issues of protecting the health of citizens in accordance with the Constitution of the Russian Federation and federal laws, as well as determining the responsibility and competence of local governments on issues of protecting the health of citizens;

2) legal regulation in the field of protecting the health of citizens of the activities of enterprises, institutions and organizations, regardless of the form of ownership, as well as state, municipal and private healthcare systems;

3) determination of the rights of citizens, certain groups of the population in the field of health care and the establishment of guarantees for their observance;

4) definition of professional rights, duties and responsibilities of medical and pharmaceutical workers, establishment of guarantees for their social support.

The protection of the health of citizens in the broad sense, as it is disclosed in the Fundamentals, is the responsibility of various state and non-state organizations, their officials, including those for whom health protection is not their core task. But there is a special concept of protecting the health of citizens (health care), which refers to medical measures for the prevention of diseases, the provision of medical care and the maintenance of public hygiene and sanitation. In this sense, the health care of the population is carried out by a relatively independent system of institutions and health authorities, which is their main purpose and main activity. Public health management is connected precisely with the management of this specialized activity of the state.

From an organizational and legal point of view, the protection of the health of citizens in the Russian Federation is a heterogeneous system. There are state, municipal and private healthcare systems. Each of these systems has its own structure, enshrined in the Fundamentals. For example, the state system includes the Ministry of Health of the Russian Federation, the health authorities of its constituent entities, state-owned medical institutions, pharmaceutical enterprises, pharmacies and other institutions.

The municipal system includes municipal health authorities and municipally owned institutions similar to those that are part of the public health system.

The private healthcare system includes medical and preventive and pharmacies, the property of which is privately owned, as well as persons engaged in private medical and pharmaceutical activities.

Citizens of the Russian Federation have the right to free medical care in the state and municipal health care systems in accordance with the current legal acts.

The Russian Federation has introduced compulsory and voluntary medical insurance, the procedure and conditions of which are established by the law of the Russian Federation "On the medical insurance of citizens in the Russian Federation". The volume of medical services to citizens is made dependent on the type of medical insurance. The guaranteed volume of free medical care to citizens is provided in accordance with the programs of compulsory medical insurance. It involves the formation of funds for its implementation by deducting 3.6 percent of the wage fund of each employee to the compulsory medical insurance fund.

Each citizen receives an insurance policy for free medical care in an institution of the state and municipal health care system.

Citizens have the right to additional medical services on the basis of voluntary medical insurance programs, as well as at the expense of organizations, their personal funds and other sources not prohibited by law.

The legislation of the Russian Federation guarantees medical assistance to citizens. The main, accessible and free for every citizen type of medical care is primary health care. It consists in the treatment of the most common diseases, emergency conditions (injuries, poisoning); in carrying out sanitary-hygienic and anti-epidemic measures, medical prevention of major diseases; carrying out measures to protect the family, motherhood, fatherhood and childhood, other activities related to the provision of health care at the place of residence. Primary health care is provided by institutions of the municipal health system and the sanitary and epidemiological service.

safety labor health constitutional

Conclusion

From all of the above, the following conclusions can be drawn:

1) Health protection is a set of political, economic, legal, social, cultural, scientific, medical, sanitary-hygienic and anti-epidemic measures aimed at preserving and strengthening the physical and mental health of each person, maintaining his long-term active life, providing him with medical assistance in case of loss of health.

2) Occupational safety - a system for preserving the life and health of workers in the course of labor activity, including legal, socio-economic, organizational, technical, sanitary and hygienic, medical and preventive, rehabilitation and other measures.

3) Occupational safety and health is one of the effective levers that increase profits. It is necessary that in our country the organization of labor protection and health should be among the priority areas of the state's social policy.

4) Everyone has the right to work in conditions that meet the requirements of safety and hygiene.

5) The role of protecting the health of citizens is the preservation and strengthening of the health of citizens of the Russian Federation, which seeks to improve legal regulation and establishes the priority of the rights and freedoms of man and citizen in the field of health protection.

6) State regulatory requirements for labor protection establish rules, procedures and criteria aimed at preserving the life and health of workers in the course of labor activity.

Bibliography

2. The Constitution of the Russian Federation. Comment, M., Legal Literature, 2007

3. Federal Law of July 17, 1999 No. 181-FZ "On the Fundamentals of Labor Protection in the Russian Federation".

5. Federal Law of July 24, 1998 No. 125-FZ "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases".

6. Decree of the Government of the Russian Federation of May 23, 2000 No. 399 "On regulatory legal acts containing state regulatory requirements for labor protection."

7. Fundamentals of the legislation of the Russian Federation "On the protection of the health of citizens" dated 18.07.2011 N 242-FZ, dated 07.12.2011 N 420-FZ.

8. Kobets N.G. Prevention of offenses in the production team. M., Legal literature, 2004, p. 39.

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Rights and obligations of employees and employers to ensure labor protection

Responsibilities for ensuring safe conditions and labor protection are assigned to the employer (Article 212 of the Labor Code of the Russian Federation).

The employer must ensure:

Labor protection requirements

The state regulatory requirements for labor protection contained in federal laws and other regulatory legal acts of the Russian Federation and laws and other regulatory legal acts of the constituent entities of the Russian Federation on labor protection establish rules, procedures and criteria aimed at preserving the life and health of workers in the course of labor activity ( article 211 of the Labor Code of the Russian Federation).

Labor protection requirements are obligatory for legal entities and individuals when they carry out any type of activity, including the design, construction (reconstruction) and operation of facilities, the design of machines, mechanisms and other equipment, the development of technological processes, the organization of production and labor.

The procedure for the development and approval of subordinate regulatory legal acts on labor protection, as well as the timing of their revision, are established by the Government of the Russian Federation.

Article 213 of the Labor Code of the Russian Federation provides for the fulfillment of such a labor protection requirement as medical examinations of certain categories of workers.

Employees engaged in heavy work and work with harmful and (or) dangerous working conditions (including underground work), as well as in work related to traffic, undergo mandatory preliminary (upon employment)

and periodic (for persons under the age of 21 - annual) medical examinations (surveys) to determine the suitability of these workers for the performance of assigned work and the prevention of occupational diseases. In accordance with medical recommendations, these employees undergo extraordinary medical examinations (examinations).

Employees of organizations in the food industry, public catering and trade, water supply facilities, medical and preventive and children's institutions, as well as some other employers, undergo the indicated medical examinations (examinations) in order to protect public health, prevent the occurrence and spread of diseases.

Harmful and (or) hazardous production factors and work, during the performance of which mandatory preliminary and periodic medical examinations (examinations) are carried out, and the procedure for their conduct is determined by regulatory legal acts approved in the manner established by the Government of the Russian Federation.

If necessary, by decision of local governments, individual employers may introduce additional conditions and indications for mandatory medical examinations (examinations).

Employees engaged in certain types of activities, including those associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as those working in conditions of increased danger, undergo a mandatory psychiatric examination at least once every five years in the manner established by the Government RF.

All medical examinations (examinations) and psychiatric examinations are carried out at the expense of the employer.

The obligations of the employee in the field of labor protection are established by Art. 214 of the Labor Code of the Russian Federation. In accordance with the norms of this article, the employee is obliged:

comply with labor protection requirements;
correctly apply means of individual and collective protection;
undergo training in safe methods and techniques for performing work and providing first aid to victims at work, instructing in labor protection, internships at the workplace, testing knowledge of labor protection requirements;
immediately notify their immediate or superior manager of any situation that threatens the life and health of people, of each accident that occurred at work, or of a deterioration in their health, including the manifestation of signs of an acute occupational disease (poisoning);
undergo mandatory preliminary (upon employment) and periodic (during employment) medical examinations (examinations), as well as undergo extraordinary medical examinations (examinations) at the direction of the employer in cases provided for by the Labor Code and other federal laws.

Art. 215 of the Labor Code of the Russian Federation determine the compliance of production projects and products with the regulatory requirements of labor protection.

Machines, mechanisms and other production equipment, vehicles, technological processes, materials and chemicals, means of individual and collective protection of workers, including those of foreign production, must comply with state regulatory requirements for labor protection and have a declaration of conformity and (or) a certificate of conformity .

Projects for the construction and reconstruction of production facilities, machines, mechanisms and other production equipment, technological processes must comply with state regulatory requirements for labor protection.

Construction, reconstruction, technical re-equipment of production facilities, production and introduction of new equipment, introduction of new technologies without the conclusions of the state examination of working conditions on compliance with those specified in Part 2 of Art. 215 of the Labor Code of the Russian Federation projects to state regulatory requirements for labor protection.

New or reconstructed production facilities cannot be put into operation without the conclusions of the relevant federal executive bodies exercising the functions of control and supervision in the established field of activity.

It is prohibited to use in the production of harmful or hazardous substances, materials, products, goods and the provision of services for which methods and means of metrological control and toxicological (sanitary-hygienic, biomedical) assessment have not been developed.

In the event of the use of new or previously unused harmful or hazardous substances by the employer, he is obliged, prior to the use of these substances, to develop and coordinate with the relevant federal executive authorities exercising the functions of control and supervision in the established field of activity, measures to preserve the life and health of workers.

Organization of labor protection

The organization of labor protection begins with its planning and financing. It is planned according to comprehensive plans for improving labor protection conditions and sanitary and recreational measures, which are discussed and approved by labor collectives. Then these plans are concretized in collective agreements and agreements.

The unified intersectoral labor protection rules contain requirements that must be met at all enterprises, institutions, organizations of all forms of ownership, regardless of industry affiliation, departmental subordination.

Intersectoral rules and regulations may contain labor safety requirements when performing certain work, when operating certain types of equipment in various sectors of the economy.

Industry rules contain requirements for ensuring occupational safety and health at enterprises in a particular sector of the national economy.

State regulatory requirements for labor protection are approved for a period of five years and can be extended for no more than two terms.

When developing regulations on labor protection, the executive authorities of the constituent entities of the Russian Federation should proceed from the fact that the requirements contained in them cannot be lower than the state regulatory requirements for labor protection established in acts of federal executive authorities.

Enterprises, institutions, organizations develop instructions on labor protection both for employees of certain professions (electric welders, locksmiths, electricians, etc.), and for certain types of work (work at height, installation, adjustment, repair work, etc.) on the basis of state normative legal acts and relevant acts of the subjects of the Federation, in particular standard instructions and methodological documents. Instructions for employees are approved by the head in agreement with the relevant elected trade union body.

Organizational and methodological documents (regulations, guidelines, recommendations) are approved by Rostrud and federal executive authorities. In the absence of requirements in the rules, the observance of which during the performance of work is necessary to ensure safe working conditions (for example, in connection with the development of new products, the introduction of an invention or rationalization proposal), the administration of the organization, in agreement with the relevant elected trade union body, takes measures to ensure safe working conditions .

Increased or additional compensations for work in hard work, work with harmful and (or) dangerous working conditions may be established by a collective agreement, local regulatory act, taking into account the financial and economic situation of the employer.

In the event that safe working conditions are ensured at workplaces, confirmed by the results of attestation of workplaces in terms of working conditions or the conclusion of the state examination of working conditions, compensation to employees is not established.

The state guarantees employees the protection of their right to work in conditions that meet the requirements of labor protection (Article 220 of the Labor Code of the Russian Federation).

The working conditions stipulated by the employment contract must comply with the requirements of labor protection.

For the period of suspension of work due to the suspension of activities or a temporary ban on activities due to violation of state regulatory requirements for labor protection, through no fault of the employee, the place of work (position) is retained

and average earnings. For this time, the employee, with his consent, may be transferred by the employer to another job with wages for the work performed, but not lower than the average earnings for the previous job.

If an employee refuses to perform work in the event of a danger to his life and health (with the exception of cases provided for by the Labor Code and other federal laws), the employer is obliged to provide the employee with another job for the time the danger is eliminated.

In the event that it is impossible for an employee to provide another job for objective reasons, the employee’s downtime until the danger to his life and health is eliminated is paid by the employer in accordance with the Labor Code of the Russian Federation and other federal laws.

If the employee is not provided with the means of individual and collective protection in accordance with the established norms, the employer does not have the right to demand from the employee the performance of labor duties and is obliged to pay for the idle time that has arisen for this reason.

An employee's refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements or from performing heavy work and work with harmful and (or) dangerous working conditions not provided for by the employment contract does not entail bringing him to disciplinary liability .

In the event of harm to the life and health of an employee in the performance of his labor duties, compensation for the said harm is carried out in accordance with federal law.

In order to prevent and eliminate violations of state regulatory requirements for labor protection, the state ensures the organization and implementation of state supervision and control over their observance and establishes the responsibility of the employer and officials for violation of these requirements.

At work with harmful and (or) dangerous working conditions, as well as at work performed in special temperature conditions or associated with pollution, employees are issued with certified personal protective equipment, washing and neutralizing agents in accordance with the standards approved in the manner established by the Government of the Russian Federation .

Acquisition, storage, washing, cleaning, repair, disinfection and neutralization of personal protective equipment for employees is carried out at the expense of the employer.

The employer is obliged to ensure the storage, washing, drying, disinfection, decontamination, decontamination and repair of special clothing, special footwear and other personal protective equipment issued to employees in accordance with established standards.

At jobs with harmful working conditions, employees are given milk or other equivalent food products free of charge according to established norms. At works with especially harmful working conditions, therapeutic and preventive nutrition is provided free of charge according to established standards.

The norms and conditions for the free distribution of milk or other equivalent food products, as well as therapeutic and preventive nutrition, are approved in the manner established by the Government of the Russian Federation.

According to Art. 223 of the Labor Code of the Russian Federation, the provision of sanitary and preventive care for employees in accordance with the requirements of labor protection is assigned to the employer. For these purposes, the employer, according to established standards, equips sanitary facilities, rooms for eating, rooms for medical care, rooms for rest during working hours and psychological relief; sanitary posts are created with first aid kits, equipped with a set of medicines and preparations for first aid; devices (devices) are installed to provide workers of hot shops and areas with carbonated salt water, etc.

Transportation to medical organizations or to the place of residence of employees affected by accidents at work and occupational diseases, as well as for other medical reasons, is carried out by the employer's vehicles or at his expense.

In Art. 224 of the Labor Code of the Russian Federation defines additional labor protection guarantees for certain categories of workers.

In the cases provided for by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, the employer is obliged: work at night, as well as overtime work; to transfer employees who, for health reasons, need to be provided with easier work, to another job in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, with appropriate payment; establish rest breaks included in working hours; create working conditions for the disabled in accordance with the individual rehabilitation program; carry out other activities.

Article 225 of the Labor Code of the Russian Federation deals with education and training in the field of labor protection.

All employees, including heads of organizations, as well as employers - individual entrepreneurs, are required to undergo training in labor protection and testing knowledge of labor protection requirements in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

For all persons entering work, as well as for employees transferred to another job, the employer or a person authorized by him is obliged to instruct on labor protection, organize training in safe methods and techniques for performing work and providing first aid to victims.

The employer provides training for persons entering work with harmful and (or) dangerous working conditions, safe methods and techniques for performing work with internships at the workplace and passing exams, and conducting their periodic training in labor protection and testing knowledge of labor protection requirements during the period of work.

The state promotes the organization of training on labor protection in educational institutions of primary general, basic general, secondary (complete) general education and primary vocational, secondary vocational, higher vocational and postgraduate vocational education.

The state provides professional training for labor protection specialists in educational institutions of secondary vocational and higher vocational education.

In accordance with Art. 226 of the Labor Code of the Russian Federation, financing of measures to improve working conditions and labor protection is carried out at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets, extra-budgetary sources in the manner established by federal laws and other regulatory legal acts of the constituent entities of the Russian Federation and regulatory legal acts of local governments.

Financing of measures to improve working conditions and labor protection can also be carried out at the expense of voluntary contributions from organizations and individuals.

Financing of measures to improve working conditions and labor protection by employers (with the exception of state unitary enterprises and federal institutions) is carried out in the amount of at least 0.2% of the cost of production of products (works, services).

The investigation of accidents is carried out by a commission consisting of at least three people, which includes: a labor protection specialist, representatives of the employer, as well as a trade union body or other representative body authorized by employees. Its composition is approved by the order of the employer.

The state inspector for labor protection upon revealing a hidden accident at work, receiving a complaint from the victim (or his authorized representative, or relatives of the deceased) in case of disagreement with the conclusions of the commission of investigation conducted without his participation, and upon receipt of information about the consequences of the accident independently or with with the involvement of the trade union labor inspectorate (and, if necessary, state supervision bodies), conducts an investigation of an accident at work. Based on the results of the investigation, he draws up a conclusion, which is binding on the employer.

The state labor protection inspector has the right to require the employer to draw up a new act on an industrial accident if the existing act is drawn up with violations or does not correspond to the materials of the accident investigation. Disagreements on the investigation, registration and accounting of accidents are considered by the Federal Labor Inspectorate or the court.

All acts on industrial accidents are registered in a special journal, and accidents drawn up by such acts are included in the statistical report on temporary disability and injuries.

According to Art. 227 of the Labor Code of the Russian Federation, accidents that have occurred with employees and other persons participating in the production activities of the employer (including persons subject to compulsory social insurance against accidents at work and occupational diseases), in the performance of their labor duties or in the performance of any work on behalf of the employer (his representative), as well as in the implementation of other lawful actions due to labor relations with the employer or performed in his interests.

Persons participating in the production activities of the employer, in addition to employees performing their duties under an employment contract, in particular include:

employees and other persons undergoing vocational training or retraining in accordance with an apprenticeship agreement;
students and students of educational institutions of all types, undergoing industrial practice;
persons suffering from mental disorders participating in productive work at medical and industrial enterprises in the order of occupational therapy in accordance with medical recommendations;
persons sentenced to imprisonment and involved in labor;
persons involved in the prescribed manner in the performance of socially useful work;
members of production cooperatives and members of peasant (farm) households who take personal labor participation in their activities.

Investigation in accordance with the established procedure as accidents shall be the events as a result of which the victims received: bodily injuries (injuries), including those inflicted by another person; heatstroke; burn; frostbite; drowning; electric shock, lightning, radiation; bites and other bodily injuries caused by animals and insects; damage due to explosions, accidents, destruction of buildings, structures and structures, natural disasters and other emergencies, other damage to health caused by external factors, resulting in the need to transfer victims to another job, temporary or permanent disability or death of victims, if the following events took place:

during working hours on the territory of the employer or in another place where work is performed, including during established breaks, as well as during the time necessary to put the tools of production and clothing in order, to perform other actions provided for by the internal labor regulations before and after completion of work, or when performing work outside the working hours established for the employee, on weekends and non-working holidays;
when traveling to or from work in a vehicle provided by the employer (his representative), or in a personal vehicle in case of using a personal vehicle for production (official) purposes by order of the employer (his representative) or by agreement of the parties to the employment contract ;
when traveling to the place of a business trip and back, during business trips by public or official transport, as well as when following the order of the employer (his representative) to the place of work (assignment) and back, including on foot;
when traveling on a vehicle as a shifter during inter-shift rest (driver-shifter on a vehicle, conductor or mechanic of the refrigerator section on a train, a member of the mail car brigade, etc.);
when working on a rotational basis during inter-shift rest, as well as when on board a ship (air, sea, river) in their free time from watch and ship work;
when performing other lawful actions due to labor relations with the employer or performed in his interests, including actions aimed at preventing a catastrophe, accident or accident.

The events specified in Part 3 of Art. 227 of the Labor Code of the Russian Federation, if they occurred with persons involved in the prescribed manner to participate in work to prevent a catastrophe, accident or other emergency, or in work to eliminate their consequences.

In Art. 228 of the Labor Code of the Russian Federation lists the obligations of the employer in case of an accident:

immediately organize first aid to the victim and, if necessary, deliver him to a medical organization;
take urgent measures to prevent the development of an emergency and the impact of traumatic factors on other persons;
until the beginning of the investigation of an accident at work, preserve the situation as it was at the time of the incident, if it does not threaten the life and health of other persons and does not lead to an accident, and if it is impossible to maintain it, record the current situation (draw up diagrams, take photographs and produce other events);
ensure timely investigation of an accident at work and its accounting;
immediately inform the authorities and organizations specified in the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation about the accident, and also the relatives of the victim about a severe or fatal accident;
take other necessary measures to organize and ensure a proper and timely investigation of the accident and the preparation of investigation materials.

In case of a group accident at work (two or more people), a severe accident at work, an accident at work with a fatal outcome, the employer (his representative) must report within 24 hours, respectively:

about an accident that occurred in the organization - to the relevant state labor inspectorate; prosecutor's office at the scene of the accident; federal executive body by departmental affiliation; executive authority of the constituent entity of the Russian Federation; the organization that sent the worker with whom the accident occurred; territorial associations of trade union organizations, a territorial body of state supervision, if the accident occurred in an organization or at an object controlled by this body; to the insurer on issues of compulsory social insurance against industrial accidents and occupational diseases;
about an accident that occurred at the employer - an individual - to the relevant state labor inspectorate; the prosecutor's office at the location of the employer - an individual; executive authority of the constituent entity of the Russian Federation; territorial body of state supervision, if the accident occurred at an object controlled by this body; to the insurer on issues of compulsory social insurance against industrial accidents and occupational diseases;
about an accident that occurred on a ship - to the employer (ship owner), and when on a foreign voyage - also to the appropriate consulate of the Russian Federation.

The shipowner upon receipt of a message about an accident that occurred on the ship is obliged to inform about it:

if the accident occurred on a ship of sea transport, - to the relevant state labor inspectorate; transport prosecutor's office; the federal executive body in charge of maritime transport; the federal executive body authorized to carry out state regulation of safety in the use of atomic energy, if the accident occurred at the ship's nuclear power plant or during the transportation of nuclear materials, radioactive substances and waste; in territorial associations of trade union organizations; to the insurer on issues of compulsory social insurance against industrial accidents and occupational diseases;
if the accident occurred on a vessel of the fishing fleet, - to the relevant state labor inspectorate; prosecutor's office at the place of registration of the vessel; federal executive body in charge of fisheries; territorial associations of trade union organizations; to the insurer on issues of compulsory social insurance against industrial accidents and occupational diseases.

The employer (his representative) also reports cases of acute poisoning to the relevant body of sanitary and epidemiological supervision.

Article 229 of the Labor Code of the Russian Federation provides for the formation of commissions for the investigation of accidents.

To investigate an accident at work in an organization, the employer immediately creates a commission consisting of at least three people. It includes a labor protection specialist or a person appointed responsible for organizing work on labor protection by an order (instruction) of the employer, representatives of the employer, representatives of the trade union body or other representative body authorized by employees, the authorized representative for labor protection. The commission is headed by the employer or a representative authorized by him. Its composition is approved by the order (instruction) of the employer. The head directly responsible for labor safety at the site (facility) where the accident occurred is not included in the commission.

The specified employer or his authorized representative, the authorized representative of the victim, a labor protection specialist, who may be involved in the investigation of the accident and on a contractual basis, take part in the investigation of an accident at the workplace of an employer - an individual.

An accident at work that occurred with a person sent to perform work to another employer is investigated by a commission formed by the employer who had the accident. This commission includes an authorized representative of the employer who sent this person. The non-arrival or untimely arrival of the said representative is not grounds for changing the terms of the investigation.

An accident that occurred with an employee of an organization performing work on a dedicated site of another organization is investigated and taken into account by the organization performing these works. In this case, the commission that conducted the investigation of the accident informs the head of the organization on the territory of which these works were carried out of its conclusions.

An accident that occurred to an employee while performing part-time work is investigated and recorded at the place where part-time work was performed.

The investigation of an accident at work resulting from a vehicle accident is carried out by a commission formed by the employer with the obligatory use of materials from the investigation conducted by the relevant state body for supervision and control.

Each employee or a representative authorized by him has the right to personal participation in the investigation of an accident at work that occurred to the employee.

To investigate a group accident at work, a severe accident at work, a fatal accident at work, the commission also includes a state labor protection inspector, representatives of the executive authority of a constituent entity of the Russian Federation or local government (as agreed), a representative of the territorial associations of organizations of trade unions. The employer forms a commission and approves its composition headed by the state labor protection inspector.

At the request of the victim (in the event of the death of the victim - his relatives), his authorized representative may take part in the investigation of the accident. If the proxy does not participate in the investigation, the employer or his authorized representative or the chairman of the commission is obliged, at the request of the proxy, to familiarize him with the materials of the investigation.

In case of acute poisoning or radiation exposure exceeding the established norms, the commission also includes a representative of the sanitary and epidemiological service of the Russian Federation.

If the accident was the result of violations in work affecting the provision of nuclear, radiation and technical safety at nuclear facilities, then the commission also includes a representative of the territorial body of federal supervision for nuclear and radiation safety.

In the event of an accident that occurred in organizations and at facilities controlled by the territorial bodies of federal mining and industrial supervision, the composition of the commission is approved by the head of the relevant territorial body. The commission is headed by a representative of this body.

In case of a group accident at work with a death toll of five or more people, the commission also includes representatives of the federal labor inspectorate, the federal executive body according to departmental affiliation, and representatives of the all-Russian association of trade unions. The chairman of the commission is the chief state inspector for labor protection of the relevant state labor inspectorate, and at facilities controlled by the territorial body of federal mining and industrial supervision, the head of this territorial body.

On a ship, the composition of the commission is formed by the federal executive body in charge of transport issues, or by the federal executive body in charge of fisheries, in accordance with the ownership of the ship.

In case of major accidents with a death toll of 15 people or more, the investigation is carried out by a commission, the composition of which is approved by the Government of the Russian Federation.

In Art. 229 of the Labor Code of the Russian Federation defines the terms for investigating accidents at work.

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 accidents, is carried out by the commission within three days.

The investigation of a group accident at work, a severe accident at work and a fatal accident at work is carried out by the commission within 15 days.

An accident at work, which was not reported to the employer in a timely manner or as a result of which the disability of the victim did not occur immediately, is investigated by the commission at the request of the victim or his authorized representative within a month from the date of receipt of the said application.

If it is necessary to conduct an additional verification of the circumstances of the accident, obtain appropriate medical and other conclusions specified in Art. 229 of the Labor Code of the Russian Federation, the deadlines can be extended by the chairman of the commission, but not more than 15 days.

In each case of investigation of an accident at work, the commission identifies and interviews eyewitnesses of the accident, persons who have committed violations of labor protection regulations, receives the necessary information from the employer, and, if possible, explanations from the victim.

When investigating an accident at work in an organization, at the request of the commission, the employer, at his own expense, provides:

performance of technical calculations, laboratory research, testing, other expert work and the involvement of experts for this purpose;

photographing the scene and damaged objects, drawing up plans, sketches, diagrams;

provision of transport, office space, communication equipment, special clothing, special footwear and other personal protective equipment necessary for the investigation.

When investigating an accident at work with an employer - an individual, the necessary measures and conditions for conducting an investigation are determined by the chairman of the commission.

In order to investigate a group accident at work, a severe accident at work, a fatal accident at work, the following documents are prepared:

order (instruction) of the employer on the establishment of a commission to investigate the accident;
plans, sketches, diagrams, and, if necessary, photo and video materials of the scene;
documents characterizing the state of the workplace, the presence of dangerous and harmful production factors;
extracts from the logs of registration of briefings on labor protection and protocols for testing the knowledge of victims on labor protection;
records of interviews of eyewitnesses of the accident and officials, explanations of the victims;
expert opinions of specialists, results of laboratory studies and experiments;
a medical opinion on the nature and severity of the damage caused to the health of the victim, or the cause of his death, on the fact that the victim was in a state of alcoholic, narcotic or toxic intoxication at the time of the accident;
copies of documents confirming the issuance of special clothing, special footwear and other personal protective equipment to the victim in accordance with applicable standards;
extracts from the instructions of state labor protection inspectors and officials of the territorial body of state supervision previously issued at this production (facility) (if the accident occurred in an organization or at an object controlled by this body), as well as extracts from the submissions of trade union labor inspectors on the elimination of identified violations of regulatory requirements for labor protection;
other documents at the discretion of the commission.

For an employer - an individual, the list of materials to be submitted is determined by the chairman of the commission that conducted the investigation.

Based on the collected documents and materials, the commission establishes the circumstances and causes of the accident, determines whether the victim at the time of the accident was associated with the employer’s production activities and whether his stay at the scene of the accident was explained by the performance of his job duties, qualifies the accident as an accident at work or as an accident not related to production, defines persons who have committed violations of safety and labor protection requirements, laws and other regulatory legal acts, and determines measures to eliminate the causes and prevent accidents at work.

If, during the investigation of an accident with an insured person, 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 body or other representative body of this organization authorized by the insured, the commission determines the degree of fault of the insured in percent.

The procedure for investigating industrial accidents, taking into account the characteristics of individual industries and organizations, as well as the forms of documents required for investigating industrial accidents, are approved by the Government of the Russian Federation.

For each accident at work that necessitated the transfer of the employee in accordance with the medical report to another job, the loss of the employee’s ability to work for a period of at least one day, or caused his death, an accident report at work is drawn up in two copies in Russian or in Russian language and state language of the corresponding subject of the Russian Federation.

In case of a group accident at work, an act is drawn up for each victim separately.

If an accident at work occurred with an employee who is in an employment relationship with another employer, then the report on the accident at work is drawn up in triplicate, two of which, together with the documents and materials of the investigation of the accident and the act of investigation, are sent to the employer with whom the victim is (was) in an employment relationship. The third copy of the act, documents and investigation materials remain with the employer where the accident occurred.

In the event of an accident at work with the insured, an additional copy of the report on the accident at work is drawn up.

The results of the investigation of accidents at work are considered by the employer with the participation of the trade union body of this organization in order to make decisions aimed at preventing accidents at work.

In the act of an accident at work, the circumstances and causes of the accident at work must be detailed, as well as the persons who committed violations of safety and labor protection requirements. If the fact of gross negligence of the insured, which contributed to the occurrence or increase in the amount of harm caused to his health, is established, the act indicates the degree of fault of the insured in percent, determined by the commission for the investigation of an accident at work.

The act of an accident at work is signed by the members of the commission, approved by the employer (authorized representative) and certified by a seal, and also registered in the register of accidents at work.

The employer (his authorized representative), within three days after the approval of the act on the accident at work, is obliged to issue the first copy of the said act to the victim, and in case of an accident at work with a fatal outcome, to the relatives or authorized representative of the deceased (at their request). The second copy of the accident report, together with the materials of the investigation, is kept for 45 years at the place of work of the victim at the time of the accident at work. In case of insured events, the employer sends the third copy of the accident report and the materials of the investigation to the executive body of the insurer (at the place of registration as an insurant).

Based on the results of the investigation of a group accident at work, a severe accident at work or a fatal accident at work, the commission (in established cases - the state labor protection inspector) draws up an act on the investigation of the relevant accident at work.

Acts on the investigation of a group accident at work, a severe accident at work, a fatal accident at work with documents and materials of the investigation attached to the relevant act, and copies of reports on the accident at work for each injured by the chairman of the commission within three days after their statements are sent to the prosecutor's office, to which the accident at work was reported, and in the event of an insured event, also to the executive body of the insurer (at the place of registration of the insured). Copies of these documents are also sent to the relevant state labor inspectorate and the territorial body of the relevant federal supervision, which occurred in organizations under their control (at facilities).

Copies of acts on the investigation of group accidents at work, severe accidents at work, fatal accidents at work, together with copies of acts on an accident at work for each victim, are sent by the chairman of the commission to the federal labor inspectorate and the federal executive body according to departmental affiliation to analyze the state and causes of industrial injuries in the Russian Federation and develop proposals for its prevention.

The following events are subject to investigation and qualify as accidents not related to production, with the execution of an act of arbitrary form:

death due to a general illness or suicide, confirmed in the prescribed manner by a healthcare institution and investigating authorities;
death or damage to health, the only cause of which was (according to the conclusion of the healthcare institution) alcohol, narcotic or toxic intoxication (poisoning) of the employee, not related to violations of the technological process, where technical alcohols, aromatic, narcotic and other similar substances are used;
an accident that occurred when the victim committed an offense containing, according to the conclusion of law enforcement agencies, signs of a criminally punishable act.

The act of arbitrary form, together with the materials of the investigation, is kept for 45 years.

At the end of the temporary disability of the victim, the employer (authorized representative) is obliged to send to the relevant state labor inspectorate, and, if necessary, to the territorial body of state supervision, information about the consequences of an accident at work and the measures taken to prevent accidents.

The employer (authorized representative) informs the relevant state labor inspectorate about accidents at work that, over time, have become severe or fatal accidents, about insured events - to the executive body of the insurer (at the place of registration of the insured), in the relevant trade union body, and if they occurred at facilities controlled by the territorial bodies of the relevant federal supervision, to these bodies.

The state inspector for labor protection upon revealing a hidden accident at work, receiving a complaint, statement, other appeal from the victim, his authorized representative or relatives of the deceased as a result of the accident about their disagreement with the conclusions of the commission of investigation, as well as upon receipt from the employer (authorized by him representative) of information on the consequences of an accident at work after the end of the temporary disability of the victim, conducts an investigation of the accident at work in accordance with the requirements of Chapter 36 of the Labor Code of the Russian Federation, regardless of the statute of limitations of the accident, as a rule, with the involvement of a trade union labor inspector, and, if necessary, a representative of another body of state supervision.

Based on the results of the investigation, the state labor protection inspector draws up a conclusion, as well as issues instructions that are binding on the employer (authorized representative).

The state labor protection inspector has the right to oblige the employer (his authorized representative) to draw up a new act on an industrial accident if the existing act is drawn up with violations or does not correspond to the materials of the accident investigation. In this case, the previous act on the accident at work is recognized as invalid on the basis of the decision of the employer (his authorized representative) or the state labor protection inspector.

The procedure for conducting an accident investigation is provided for in Art. 229.2 of the Labor Code of the Russian Federation.

The investigation of accidents by state labor inspectorates is regulated by Art. 229.3 of the Labor Code of the Russian Federation.

Disagreements on the investigation, registration and accounting of accidents, non-recognition by the employer (his representative) of the fact of an accident, refusal to investigate the accident and draw up an appropriate act, disagreement of the victim (his legal representative or other authorized person), and in case of accidents with a fatal outcome - persons who were dependents of the deceased as a result of an accident, or persons who were closely related or related to him (their legal representative or other trustee), with the content of the accident report, are considered by the federal executive body authorized to conduct state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, and its territorial bodies, the decisions of which can be appealed to the court. In these cases, filing a complaint is not a reason for the employer (his representative) not to comply with the decisions of the state labor inspector (Article 231 of the Labor Code of the Russian Federation).

Occupational safety is a system for preserving the life and health of workers in the course of their work, including legal, socio-economic, organizational and technical, sanitary and hygienic, medical and preventive, rehabilitation and other measures. The right to work in conditions that meet the requirements of safety and hygiene is guaranteed to everyone by the Constitution of the Russian Federation (clause 3, article 37). The main responsibilities for ensuring safe conditions and labor protection in the organization are assigned to the employer (Article 212 of the Labor Code of the Russian Federation). In all organizations with more than 100 employees, a labor protection service should be created or the position of a labor protection specialist should be introduced.

The employee also bears obligations in the field of labor protection. The employee is obliged:

Comply with labor protection requirements established by laws and other regulatory legal acts, as well as labor protection rules and instructions;

Proper use of personal and collective protective equipment;

To be trained in safe methods and techniques for performing work on labor protection, first aid in case of accidents at work, briefing on labor protection, internship at the workplace, testing knowledge of labor protection requirements;

Immediately inform your immediate or superior manager about any situation that threatens the life and health of people, about each accident that occurred at work, or about the deterioration of your health, including the manifestation of signs of an acute occupational disease (poisoning);

Pass mandatory preliminary (when applying for a job) and periodic (during employment) medical examinations (examinations).

For certain categories of workers, additional increased guarantees in the field of labor protection are established. Thus, the use of women's labor in hard work and work with harmful or dangerous working conditions, as well as in underground work, is limited. For minors, such work is prohibited. Persons under the age of eighteen are employed only after a preliminary mandatory medical examination, and further, until the age of eighteen years, are subject to an annual mandatory medical examination.

The state guarantees workers the protection of their right to work in conditions that meet the requirements of labor protection. State supervision and control over compliance with labor protection requirements is carried out by the bodies of the federal labor inspectorate, and in certain industries also by special federal supervision.

Public control over compliance with labor protection requirements is carried out by trade unions. To do this, they can create legal and technical labor inspectorates. In the event of a danger to the life and health of an employee due to violation of labor protection requirements, he has the right to refuse to perform work.

Each employee is subject to compulsory social insurance against industrial accidents and occupational diseases. In case of damage to the health of an employee due to an accident at work or an occupational disease, he is paid a temporary disability benefit, and if a permanent disability is established, the lost earnings are compensated for the entire time of disability and, in addition, a lump-sum payment is provided, as well as payment of additional expenses, associated with damage to the health of the insured, for his medical, social and professional rehabilitation.

The Constitution of the Russian Federation provides that everyone has the right to work in conditions that meet the requirements of safety and hygiene. Labor and health of people are protected by the state. The rules contained in Art.

7 and 37 of the Constitution of the Russian Federation, constitute the constitutional foundations of labor protection. They provide for the rights of workers to labor protection, state regulatory requirements for labor protection and state management of labor protection, the employer's obligations to ensure safe conditions and labor protection, financing measures to improve working conditions and labor protection, state supervision and control over compliance with labor legislation and labor protection. labor, investigation and accounting of industrial accidents, etc.

The legal system for preserving the life and health of workers in the course of their work in our country has been enshrined in the Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens (Art. 17, 20, 21, 23, 24, 26, 27), section X (ch. 33- 36) of the Labor Code of the Russian Federation, as well as in by-laws adopted by the President of the Russian Federation, the Government of the Russian Federation, the Ministry of Health and Social Development of the Russian Federation, and in other regulatory legal acts. The most important comprehensive legal act, which is the Fundamentals and the Labor Code of the Russian Federation, defines the main directions of state policy in the field of labor protection, specifies the rights of workers to work that meets the requirements of safety and hygiene, and guarantees these rights, provides for state regulatory requirements for labor protection and etc.

Labor protection legislation is being improved by the normative part of social partnership agreements and collective agreements that establish additional labor protection guarantees for employees.

In the legal literature, labor protection is considered in the broad and narrow sense of the word.

In a broad sense, labor protection is a system for preserving the life and health of workers in the course of labor activity, which includes legal, socio-economic, medical, preventive, rehabilitation and other measures.

A significant role in the system of these measures belongs to the legal means of ensuring the life and health of workers in the labor process, their actions apply regardless of the scope of economic activity and departmental subordination of these organizations. In a broad sense, labor protection is needed everywhere (including when serving a sentence by a court sentence) during the period of work in organizations. Only labor protection in its broad concept is able to save the life and health of workers in the process of labor activity. If some of its components (legal, medical, technical or economic) are poorly provided, then all labor protection is not provided. Thus, labor protection will be ensured only if all its aspects are observed simultaneously.

In a narrow sense, the concept of labor protection in labor law is understood as:

1) one of the principles of labor law;

2) legal institution; the subjective right of an employee to working conditions that meet the requirements of safety and hygiene in a specific labor relationship (Article 2 of the Labor Code of the Russian Federation).

The set of norms regulating separate relations in the field of labor protection forms an independent institution of labor protection. The preservation of the life and health of workers in the process of labor activity is also ensured by other norms of labor legislation: on the right to work and its guarantees, working hours and rest time, labor rationing and its payment, etc.

So, labor protection as an institution of labor labor law is a set of norms aimed at ensuring working conditions that are safe for the life and health of workers, mandatory for employers and their officials.

The institute of labor protection includes the following groups of labor law norms:

1) rules and instructions for labor protection;

2) special rules for the protection of workers engaged in hard work and work with harmful or dangerous working conditions;

3) special norms on labor protection for women, minors and persons with reduced ability to work;

4) norms on the organization of the labor protection management system, on the planning and financing of labor protection measures;

5) norms governing the activities of bodies of supervision and control over compliance with labor legislation, although they have relative independence, as well as the responsibility of employers and officials for violation of labor protection legislation.

Important for the implementation of legal norms governing the field of labor protection is formulated by Art. 209 of the Labor Code of the Russian Federation, the basic concepts and definitions used in the legal institution in question. This approach makes it possible to eliminate the ambiguous interpretation of these terms, and thereby increase the efficiency of their application in the practice of labor and closely related relations.

Basic concepts and definitions used in the field of labor protection.

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

Harmful production factor - a production factor, the impact of which on an employee can lead to his illness.

A hazardous production factor is a production factor, the impact of which on an employee can lead to his injury.

Safe working conditions - working conditions under which the impact on workers of harmful and (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 where 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 and (or) dangerous production factors, as well as to protect against pollution.

Certificate of conformity of the organization of work on labor protection - a document certifying the compliance of the work carried out by the employer on labor protection with state regulatory requirements for labor protection.

Production activity - a set of actions of workers using the means of labor necessary to turn resources into finished products, including the production and processing of various types of raw materials, construction, and the provision of various types of services.

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

State examination of working conditions - assessment of the compliance of the object of examination with state regulatory requirements for labor protection.

Certification of workplaces in terms of working conditions - assessment of working conditions at workplaces in order to identify harmful and (or) dangerous production factors and take measures to bring working conditions in line with state regulatory requirements for labor protection. Certification of workplaces in terms of working conditions is carried out in the manner established by the federal executive body responsible for the development of state policy and legal regulation in the field of labor.

Occupational safety and health of people assumes. Occupational Safety and Health. Occupational safety is a system for preserving the life and health of workers in the course of labor activity, including legal ones. Basic principles of labor protection

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