Test on occupational safety issues. Responsibilities of an employee to ensure labor protection at the enterprise Responsibilities of an employee regarding labor protection issues

regulated by labor legislation.

When carrying out his professional activities, an employee must rely on the rules of the law and the job description.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant on the right or call free consultation:

Normative base

An employee, while performing professional duties, is guided by:

  • Labor Code (Art., Art.);
  • Government Decree No. 399 (dated May 23, 2000);
  • , defining the rights, duties, and responsibilities of a citizen and his employer;
  • job description defining the range of responsibilities;
  • regulatory acts of the organization (orders, collective agreements, agreements, other documents).

Job responsibilities

The job description defines the following functional responsibilities of a labor protection specialist:

  • Ensure the functioning of the system at the enterprise(development of methodological recommendations, conducting interviews with employees, monitoring technical devices, conducting inspections, etc.).
  • Organize a regulatory framework. The employee must not only ensure that the enterprise has federal regulations, but also develop local documents. Such documents must be drawn up taking into account the peculiarities of the functioning of a particular organization (direction of activity, hazardous factors, responsibilities of employees, etc.).
  • Comply with requirements existing in this area.
  • Use funds individual and collective protection.
  • Get training, providing for the acquisition of skills: first aid, safe organization of activities.
  • Have the necessary knowledge. Only applicants with the necessary technical education can apply for the position; work experience is desirable. The employee must be familiar with legislative acts and internal documents.
  • Notify the manager about unforeseen situations(emergencies, work-related injuries, ).
  • Notify the manager about developing health problems, about the appearance of signs of occupational diseases.
  • Go through examinations, which are mandatory: (during employment) and (during work).
  • Pass unscheduled inspections(if necessary).
  • To interact with representative bodies of workers (trade unions). Not only take into account their comments and suggestions regarding working conditions and the level of safety at the enterprise, but also notify them about changes made to collective agreements and other documents.
  • Define the need for staff training, organize and plan this training. As a result, the organization’s employees receive the necessary knowledge, which significantly increases the level of safety at work and reduces the risk of accidents and injuries.
  • Develop methodological recommendations for department heads. These recommendations, developed taking into account the specifics of the activity of a particular department, are used by department heads to improve the level of knowledge of subordinates.
  • Monitor the level of knowledge acquired by employees by conducting certifications, tests, surveys.
  • Inform employees about the status of the system: compliance of conditions with existing standards, risk of injury, risk of accidents at work, equipment of workplaces, risk of occupational diseases, possibility of obtaining guarantees, benefits and compensation.
  • Interact with employees, receiving information from them about possible violations and the need for system changes.
  • At the employer's request prepare information, necessary for the employer to submit to the representative body of employees, to the authorities.
  • At the employer's request prepare reports.
  • Develop event plans aimed at: increasing labor safety, improving working conditions, increasing employee safety, reducing the risk of accidents.
  • Prepare proposals on providing certain categories of employees with benefits, compensation, and guarantees.
  • Conduct analysis technical documentation provided during commissioning of various facilities.
  • Ensure the organization of inspections employees: preliminary (during employment), periodic (during work).
  • Monitor employee equipment personal protective equipment. Provide supervision over the condition of protective equipment, their proper storage and operation.
  • Monitor the installation of collective protective equipment, monitor their condition, storage conditions, operation, etc.

Download the occupational safety specialist job description template.

Difference between positions

In practice, when referring to a person responsible for labor protection, they use three employee job titles:

  1. Engineer;
  2. Specialist;
  3. Leading Specialist.

Engineer

Previously, applicants in this field were required to have a technical education. For this reason, only engineering specialists were considered. Currently, the position of engineer in this area has been abolished..

This name is still used in practice, but from the point of view of the regulatory framework it no longer exists. In the field of labor protection, it is allowed to have two main positions - chief and specialist. The boss heads a separate department in a large enterprise, communicates directly with the manager and coordinates the activities of specialists.

Specialist

A specialist is a level of qualification that a citizen has in accordance with the education received. At an enterprise, a specialist is employee with secondary or higher education corresponding to the position held or employee, uneducated, but holding a certain position.

After the abolition of the main requirement for employees—technical education—it became possible to hire specialists without specialized knowledge. Recommended condition: availability of professional education(in the field of “technosphere security”), but this condition is not mandatory.

An employee may have a different education, supplemented by special courses or obtaining additional education in the chosen direction. Persons who do not meet the requirements are considered by the commission.

The appointment occurs if the commission, having examined the candidacy, makes a positive decision.

Candidate evaluation criteria: abilities, skills, work experience, personal qualities, suitability for the position.

Leading Specialist

A leader is recognized as a specialist responsible for a specific area of ​​activity of an organization or structural unit. The leading specialist independently makes decisions within his competence, reports to the immediate head of the unit and the chief manager.

Like an ordinary specialist, leading employee may or may not have a specialized education. The appointment of a person without education is permitted if he has the necessary skills, abilities and abilities to perform the duties.

In a large enterprise with a separate division, Both a leading specialist and an ordinary specialist can be present. The degree of responsibility and range of responsibilities will be more extensive for the first employee in accordance with his category.

If there is one specialist at the enterprise, it is allowed to assign him the category of leading specialist if the employee meets the above criteria.

Who should the employee report to?

The specialist reports to the manager. It is the manager who bears full responsibility for the labor protection system. For the full functioning of this system, he creates a service or appoints a responsible employee in one person.

By order of the manager, a decision can be made on the subordination of an employee to his deputy.

In his work, an employee interacts with all structural divisions of the company, with authorities, with supervisory and control authorities, .

The specialist relies on the provisions of legislative acts and internal regulations of the enterprise (collective agreements, agreements, orders).

Responsibility of the specialist

The employee is responsible for:

  1. causing material damage;
  2. committing an offense (during the performance of professional activities);
  3. failure to fulfill the duties assigned to him by the job description.

Types of responsibility:

The employer also has responsibilities in the field of labor protection - it must ensure the safety of workers by timely replacement of equipment, training employees in safety precautions according to current requirements, etc.

Find out more about labor protection from the video:

Thus, the range of responsibilities of a labor protection specialist is quite extensive. In his activities, an employee must rely on the norms of labor legislation and basic regulations. Failure to fulfill or poor quality performance of duties entails liability.

Within the framework of labor relations, the employer has the right and real opportunity to put forward demands in relation to the employee to the extent that the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) imposes certain obligations on the employee in relation to the employer. In the most general form, these employee responsibilities are established in Article 21 of the Labor Code of the Russian Federation.

The employee is obliged:

– conscientiously fulfill his labor duties assigned to him by the employment contract;

– comply with internal labor regulations;

– maintain labor discipline;

– comply with established labor standards;

– comply with labor protection and occupational safety requirements;

– treat with care the property of the employer (including the property of third parties located at the employer, if the employer is responsible for the safety of this property) and other employees;

– immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property (including the property of third parties located at the employer, if the employer is responsible for the safety of this property).

The responsibilities of an employee in the field of labor protection are set out in Article 214 of the Labor Code of the Russian Federation.

The employee is obliged:

– comply with labor protection requirements;

– correctly use personal and collective protective equipment;

– undergo training in safe methods and techniques for performing work and providing first aid to victims at work, instructions on labor protection, on-the-job training, testing of knowledge of labor protection requirements;

– immediately notify your immediate or superior manager about any situation that threatens the life and health of people, about every accident that occurs at work, or about a deterioration in your health, including the manifestation of signs of an acute occupational disease (poisoning);

– undergo mandatory preliminary (upon employment) and periodic (during employment) medical examinations, other mandatory medical examinations, as well as undergo extraordinary medical examinations at the direction of the employer in cases provided for by the Labor Code of the Russian Federation and other federal laws.

All persons participating in the production activities of an organization are its employees, starting from the head of the organization and ending with a simple worker. Consequently, the employee’s duties established by the norms of Article 214 of the Labor Code of the Russian Federation apply to all named categories of workers.

But the scope of responsibilities in the field of labor protection for each category of workers is different and depends on the position held.

For example, employees performing organizational and administrative functions are required to comply with intersectoral and sectoral labor protection rules, sanitary norms and rules, and the list of their responsibilities is defined in the job descriptions of this category of workers.

For workers engaged in production activities, the list of responsibilities is determined by labor protection instructions, which are developed on the basis of intersectoral and sectoral labor protection instructions.

These instructions include:

– safety requirements before starting work (the procedure for preparing the workplace, personal protective equipment; the procedure for checking the serviceability of equipment, devices and tools, fences, alarms, blocking and other devices, protective grounding, ventilation, local lighting; the procedure for checking source materials (blanks, semi-finished products ); the procedure for receiving and transferring shifts in the case of a continuous technological process and equipment operation);

– safety requirements during work (methods and techniques for the safe performance of work, the use of technological equipment, vehicles, lifting mechanisms, devices and tools; requirements for the safe handling of starting materials (raw materials, workpieces, semi-finished products); instructions for the safe maintenance of the workplace; actions aimed at preventing emergency situations; requirements for the use of personal protective equipment for workers);

– safety requirements upon completion of work (procedure for shutting down, stopping, disassembling, cleaning and lubrication of equipment, fixtures, machines, mechanisms and equipment; procedure for removing waste generated during production activities; requirements for maintaining personal hygiene; procedure for notifying the work manager about deficiencies affecting on labor safety discovered during work).

Managers, specialists and other categories of workers, if working in harmful and (or) dangerous working conditions, are also required to comply with the requirements contained in the labor protection instructions.

All employees, from the manager to any ordinary employee, are obliged to fulfill their duties in the field of labor protection, thereby creating safe and favorable working conditions.

Fulfilling these duties will reduce the risk of situations that pose a threat to the life and health of workers, the number of accidents at work, and will also enable the employer to take measures to prevent such situations.

Certain categories of workers are assigned by law additional responsibilities in the field of labor protection. So, for example, according to Part 2 of Article 9 of the Federal Law of July 21, 1997 No. 116-FZ “On Industrial Safety of Hazardous Production Facilities,” employees of a hazardous production facility are obliged to:

– comply with the provisions of regulatory legal acts establishing industrial safety requirements, as well as the rules for conducting work at a hazardous production facility and the procedure for action in the event of an accident or incident at a hazardous production facility;

– undergo training and certification in the field of industrial safety;

– immediately notify your immediate supervisor or other officials in accordance with the established procedure about an accident or incident at a hazardous production facility;

– in accordance with the established procedure, suspend work in the event of an accident or incident at a hazardous production facility;

– in accordance with the established procedure, participate in the work to localize an accident at a hazardous production facility.

Failure by an employee to comply with these duties in some cases is a disciplinary offense and may entail not only disciplinary action, but also removal from work.

Based on Article 76 of the Labor Code of the Russian Federation, the employer is obliged to remove from work (not allow to work) an employee, including one who has not undergone a mandatory medical examination in the prescribed manner, as well as a mandatory psychiatric examination, in cases provided for by the Labor Code of the Russian Federation, other federal laws and other regulations. legal acts of the Russian Federation.

The employer suspends the employee from work (does not allow him to work) for the entire period of time until the circumstances that were the basis for removal from work or non-admission to work are eliminated, unless otherwise provided by the Labor Code of the Russian Federation and other federal laws.

During the period of suspension from work (preclusion from work), the employee’s wages are not accrued, except in cases provided for by the Labor Code of the Russian Federation or other federal laws. In cases of suspension from work of an employee who has not undergone training and testing of knowledge and skills in the field of labor protection or a mandatory medical examination through no fault of his own, he is paid for the entire period of suspension from work as idle time.

According to paragraph 1 of part 2 of Article 121 of the Labor Code of the Russian Federation, the time an employee is absent from work without good reason, including due to his removal from work in cases provided for in Article 76 of the Labor Code of the Russian Federation, is not included in the length of service giving the right to annual basic paid leave. Wages for this period are not calculated on the basis of Part 3 of Article 76 of the Labor Code of the Russian Federation, except for the cases provided for by federal laws.

If the employee committed the above violations through no fault of his own, then he must be paid for the period of suspension as for forced downtime, and the time of suspension must be included in the length of service giving him the right to leave.

According to the Labor Code of the Russian Federation, suspension is the prevention of an employee from performing his main job duties on the grounds provided for in Article 76 of the Labor Code of the Russian Federation.

The employer is also obliged to suspend from work or not allow to work an employee who appears at work in a state of alcohol, drug or other toxic intoxication.

If an employee violates labor safety rules established by the labor safety commission or the labor safety commissioner, which entails grave consequences such as: an industrial accident, an accident, a catastrophe, or knowingly created a real threat of such consequences, the employer has every right to dismiss such an employee (subparagraph "e" of paragraph 6 of part 1 of Article 81 of the Labor Code of the Russian Federation).

The basic requirements for the employee to comply with labor protection requirements are specified in the employment contract.

Compliance with labor protection requirements is one of the main guarantees that an industrial accident will not occur to the employee and those working nearby.

Our society has a tradition of always blaming employers and entrepreneurs. When hearing the phrase “occupational health and safety,” many will think that this term does not apply and does not apply to an ordinary employee, that this is the direct responsibility of only the employer. But from a legal point of view this is not so. There are employee responsibilities in the field of labor protection.

Art. 214 Labor Code of the Russian Federation

This article of the Code regulating labor relations specifically points to them. The employee must comply with all labor protection requirements, as well as correctly and timely use special protective equipment.

Example of an article in practice

The turner at the factory did not wear a special protective helmet. was held. The specialist signed a document confirming this. He was also given a protective helmet upon signature. He was fine. But the employee did not want to put it on because he felt uncomfortable wearing it. The result was an accident. The turner was injured. In this incident, the employer is not responsible for the incident. A turner has certain responsibilities as an employee in the field of labor protection. He knew about them and purposefully violated the instructions. Unfortunately, such examples occur very often in life. People at construction sites, in hazardous production areas, and when working with flammable materials often neglect their own safety. Our country is one of the leaders in the world in terms of the number of accidents at work. And no matter how severely employers are punished, emergencies and injuries will still occur. Therefore, every employee must have an understanding and bear responsibility for violating basic safety rules.

Medical checkup

An employee’s responsibilities in the field of labor protection include mandatory ones, both before employment and periodic ones during work. In each area, the periods and conditions of passage are individual. The concept of “employee” includes all employees of the organization, including managers. For each category, depending on the position held, the procedure and rules for medical examinations are specified in the job description.

Self-training as a duty

The main responsibilities of an employee in the field of labor protection also include training and increasing competence in this area. For example, a heavy vehicle driver must improve his professionalism and learn safe work practices. This also includes undergoing mandatory training in providing first necessary (emergency) assistance in children's and other organizations.

Hidden your health condition - get punished

Also, the responsibilities of an employee in the field of labor protection include notifying the manager about deteriorating health that affects professional activities and can lead to illness in others. An indicative case occurred in one of the children's health camps during the summer holidays. One cook's open stage of tuberculosis worsened. As a result of contact with food, utensils, and airborne contact in enclosed spaces, some children developed health complications. It turned out that the employee knew about the deterioration of his condition. He underwent mandatory fluorography using fake documents in order not to lose his only source of income. For this, the employee is subject to liability in the field of labor protection, up to criminal punishment and actual imprisonment.

Special areas of work

There are also additional responsibilities for certain areas. For example, for workers, according to the Federal Law of July 21, 1997, in the event of an accident, they are required to carry out work to eliminate the consequences. Failure to comply with these measures will not only result in disciplinary action, but may also result in removal from your position.

The first responsibility of an employee in the field of labor protection

It consists of undergoing all examinations if required by job responsibilities. This is not only related to professional suitability. The life and health of others, including children, may depend on this. The employer has the right to remove from his position an employee who fails to undergo a medical examination on time before passing it. In this case, wages are not paid to the violator. In addition, suspension suspends seniority and affects vacation time.

However, these sanctions do not apply to employees who fail to undergo a medical examination through no fault of their own. In this case, such an employee is paid a salary and has a length of service during the forced downtime.

If, due to the fault of a violator of labor safety requirements, an accident, breakdown, catastrophe occurs, or a threat to the safety and health of others is created, then the employer has the right to dismiss him in accordance with the labor code.

Training of workers in the field of labor protection

It must be carried out under the supervision of a manager. These include:

  • Specialized courses in first aid.
  • Theoretical trainings and practical exercises on eliminating accidents and emergencies.
  • Internal briefings on
  • Self-training and more.

As for the last point, it is the most important. It is impossible to teach an employee if he himself does not make any effort. It is important that everyone in the team not only knows the employee’s responsibilities in the field of labor protection, but also understands the full responsibility for violating safety regulations. After all, not only the safety of the employee himself, but also of colleagues, surrounding citizens, and children depends on compliance with standards and working conditions.

A lot depends on the employer, but not everything.

The list of responsibilities of business managers includes many items:

  • ensuring safety at work;
  • provision of protective equipment and collective protection equipment;
  • taking emergency measures to eliminate the consequences of accidents and disasters;
  • organizing educational courses and trainings for employees in order to increase their competence in occupational safety;
  • informing employees about the state of working conditions, existing risks associated with certain professional activities;
  • ensuring investigations in accordance with legislation into safety violations by enterprise employees.

But these and other measures on the part of management will not bring the expected results if the employees themselves ignore the rules, do not follow safety precautions and deliberately put themselves and the people around them at risk to life and health. Before you ignore basic safety rules and don’t wear a protective helmet, goggles or gown, you must remember that all safety requirements are written in human blood. No matter how scary it may sound.

1. Among the main duties of the Labor Code assigned to the employee are the obligations to comply with labor protection and labor safety requirements, to immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people (Article 21).

The commented article provides for a wider range of employee responsibilities in the field of labor protection.

Since the concept of “employee” covers not only persons in blue-collar professions, but also managers, specialists and other employees, the responsibilities listed in the commented article apply to all categories of workers and are assigned both to workers performing organizational and administrative functions, and to workers engaged in production activities. The scope of responsibilities of the corresponding category of employees to comply with labor protection requirements is established depending on their legal status. Thus, employees performing organizational and administrative functions are required to comply with state regulatory requirements contained in federal laws and laws of the constituent entities of the Russian Federation, intersectoral and sectoral rules on labor protection, intersectoral standard and sectoral standard instructions on labor protection, safety rules, technical regulations, sanitary norms and rules. These rules contain the requirements for production premises and production sites (for processes performed outside production premises); requirements regulating permissible levels of hazardous and harmful production factors in production premises, on sites - for processes performed outside production premises and in workplaces, as well as requirements for lighting, temperature, humidity and other production factors.

Labor protection rules also include requirements for the organization of work and other operations that affect the safety of workers; requirements for production equipment and its placement; requirements for raw materials, blanks, semi-finished products, methods of their storage and transportation; safety requirements for the organization of production (technological) processes (including fire and explosion safety requirements), for control and management systems of technological processes that ensure the protection of workers, for measures to protect workers from the effects of hazardous and harmful production factors arising in emergency situations, etc. In addition, persons performing organizational and administrative functions are charged with monitoring compliance with labor safety instructions by employees subordinate to them. The specific responsibilities of persons performing organizational and administrative functions in the field of labor protection are defined in job descriptions.

Workers engaged in production activities are required to comply with labor protection instructions developed based on their professions or types of work performed on the basis of inter-industry or industry standard labor protection instructions.

These instructions on labor protection for workers contain:

Safety requirements before starting work (procedure for preparing the workplace, personal protective equipment; procedure for checking the serviceability of equipment, devices and tools, fences, alarms, blocking and other devices, protective grounding, ventilation, local lighting, etc.; procedure for checking source materials (blanks, semi-finished products); the procedure for receiving and transferring shifts in the case of a continuous technological process and equipment operation, etc.);

Safety requirements during work (methods and techniques for the safe performance of work, the use of technological equipment, vehicles, lifting mechanisms, devices and tools; requirements for the safe handling of starting materials (raw materials, workpieces, semi-finished products); instructions for the safe maintenance of the workplace; actions, aimed at preventing emergency situations; requirements for the use of personal protective equipment for workers, etc.);

Safety requirements upon completion of work (procedure for shutting down, stopping, disassembling, cleaning and lubrication of equipment, fixtures, machines, mechanisms and equipment; procedure for removing waste generated during production activities; requirements for maintaining personal hygiene; procedure for notifying the work manager about deficiencies affecting labor safety discovered during work, etc.);

Safety requirements in emergency situations (stop work, turn off power from faulty equipment (equipment, stand), if necessary, fence off the dangerous place and immediately report the incident to the work manager and then follow his instructions to prevent accidents or eliminate the emergency situation that has arisen, act in accordance with the approved emergency response plan, etc.). If a fire occurs, you must: immediately notify the fire department, indicating the exact location of the fire; inform the work manager; notify others and, if necessary, remove people from the danger zone; begin to extinguish the fire using primary fire extinguishing agents; organize a meeting of the fire brigade.

Managers, specialists and other employees performing their work functions under conditions of exposure to harmful or dangerous factors or in cases where their work requires the use of methods and techniques for the safe performance of work, appropriate handling of machines, mechanisms, equipment, must also comply with safety requirements, established by labor protection instructions.

- an important part of labor functions. Occupational safety requirements are designed to ensure the safety of the employee and others. Responsibilities of a labor protection worker, enshrined in the Labor Code of the Russian Federation, are discussed in our article.

Obligation to comply with established labor protection requirements

Basic responsibilities of employees to comply with labor protection requirements enshrined in Art. 214 Labor Code of the Russian Federation. At the same time, in conjunction with this article, many by-laws, intra-industry and intra-company standards are applied.

An employee usually becomes familiar with labor protection requirements in the form of approved rules and instructions. However, the procedure for developing these rules and instructions is a rather complex, multi-step process.

Stage I

Federal laws

Basic:

  • “On the fundamentals of labor protection” dated July 17, 1999 No. 181-FZ;
  • “On the sanitary and epidemiological welfare of the population” dated March 30, 1999 No. 52-FZ

Stage II

GOST standards

GOST “System of standards and occupational safety”. Codes 12.0.00-12.0.010

Stage III

Regulatory documents of ministries and departments

Stage IV

Occupational safety service at an enterprise (in an organization)

A set of internal regulations and instructions on labor protection and safety, mandatory for employees to follow

Thus, compliance with labor safety instructions should be considered as compliance with legal requirements.

It is necessary to understand that each provision in the instructions for occupational health and safety is the result of the work of more than one expert in this matter and could not just appear.

If the meaning of any requirement in the instruction is not clear to the employee, he must still strictly follow it and seek additional clarification from a labor protection and safety specialist (there should be one at any enterprise!). This is directly related to the 2nd duty of a labor protection employee under Art. 214 Labor Code of the Russian Federation.

The obligation to have complete, proven knowledge of occupational health and safety in their professional field

The employee must replenish and test his knowledge in the field of labor protection. Don't just follow the instructions, but understand the meaning of their requirements.

It follows from the legislation that any enterprise must have a labor protection specialist to familiarize workers with the labor protection system and monitor knowledge and compliance with requirements.

According to the laws, on the first working day in an organization, any employee (including the manager) must first go to the office of a labor protection specialist, receive an introductory briefing on labor protection and safety, and confirm that he has understood and understood everything. Only then can you go to your workplace and start working.

If an employee comes to production under special working conditions for a position that requires professional qualifications, then before starting work, he is required to undergo special training and pass an exam on labor protection and safety regulations. In the future, he will need to confirm his knowledge during periodic certification.

Additional measures may be required. For example, if a qualified employee is transferred to work on new equipment, he must undergo additional training and knowledge testing.

For workers involved in one-time and specific work (for example, eliminating the consequences of a natural disaster), separate targeted training is also required.

Duty to know and apply protective equipment

According to statistics, every 8th person injured at work in the Russian Federation did not use or used personal protective equipment incorrectly. These funds are intended to eliminate or significantly reduce the impact of negative production factors on workers. They are:

  • individual - for 1 employee: overalls and shoes, safety glasses, face shields, hard hats, hard hats, etc.;
  • collective - to create and maintain a normal safe environment in the workplace: ventilation and air purification systems, automatic control and decontamination, protection from radiation, vibration and noise, etc.

The employee is obliged to know and apply all the protective equipment required for his type of professional activity. The procedure for handling individual and collective protective equipment is included in the general production instruction or training in occupational health and safety. In addition, if practice requires it, the rules for providing first aid to a victim when protective equipment is not used can be studied as part of this instruction.

The obligation to immediately notify management of any emergency situation if there is a threat to the life and health of people

The employee is legally required to notify the manager that:

  • There has been an accident;
  • any emergency situation has occurred;
  • other circumstances have arisen that may pose a danger to the health and life of people;
  • he himself felt unwell (in this case, it is necessary to describe the symptoms, since they may be a reaction to a change in the work environment, for example, be a consequence of poisoning with harmful substances).

Obligation to undergo medical examinations

The purpose of medical examinations is to determine whether the employee can perform his or her job in the physiological state in which he or she is at the time of the examination.

Inspections are divided into:

  • preliminary when applying for a job. At the same time, it is determined whether the employee’s health is suitable for this job at all.
  • periodic during operation. During such examinations, they find out whether the employee is still able to perform his duties (for example, work as a pilot), whether he is able to begin them at the current moment (to go on a planned flight).
  • targeted, usually in emergency situations. For example, if an employee or group of employees suddenly feels unwell.

In order to fulfill responsibilities of a labor protection worker each of them must undergo all medical examinations and examinations prescribed to him.

Ensuring that employees fulfill labor protection obligations

1. Responsibilities of the employer.

In accordance with Art. 189 of the Labor Code of the Russian Federation, the employer is obliged to create conditions for the employee to comply with labor discipline. Responsibilities of a labor protection worker are also considered disciplinary.

Based on this, the employer must:

  • equip workplaces and establish labor regulations so that workers can comply with all requirements and regulations for labor protection and safety;
  • provide all workers who need it with personal and collective protective equipment;
  • ensure the organization of training, instruction, and testing of workers’ knowledge in the field of labor protection;
  • ensure the organization of medical examinations in all necessary cases;
  • remove the employee(s) from work if facts of non-compliance with labor protection and safety requirements are revealed (according to the norms of Article 76 of the Labor Code of the Russian Federation).

2. Employer rights:

  • apply disciplinary sanctions to employees up to and including dismissal (according to the Labor Code of the Russian Federation) for failure to comply with labor protection and safety rules;
  • apply incentives for compliance with all rules and regulations.

3. State control.

Authorized state bodies are obliged to take measures to ensure compliance with labor protection and safety standards:

  • develop industry-specific and generally applicable instructions and standards and bring them to the attention of participants in the labor process;
  • carry out periodic and targeted inspections of compliance with labor protection rules and occupational safety at enterprises and organizations;
  • carry out the necessary training and certification of workers in cases where such training or certification is not carried out at the enterprise itself;
  • apply administrative (and sometimes criminal) sanctions to employees and employers for failure to comply with labor protection requirements.

Important! Any accident at work is subject to investigation. The regulation on the specifics of investigating accidents in certain industries was approved by Resolution of the Ministry of Labor of the Russian Federation dated October 24, 2002 No. 73. Cases of occupational diseases are also subject to investigation. The regulation on the investigation and recording of occupational diseases was approved by Decree of the Government of the Russian Federation of December 15, 2000 No. 967.

Results

Labor protection requirements must be observed by the employee, provided by the employer and controlled by the state .