Our society has a tradition of always blaming employers and entrepreneurs. With the phrase “labor protection 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 the case. There are duties of an employee in the field labor protection.

Art. 214 of the Labor Code of the Russian Federation

This article of the Code governing labor Relations, just point to them. The employee must comply with all labor protection requirements, as well as correctly and timely apply special means protection.

Example article in practice

The turner at the factory did not wear a special protective helmet. was held. The specialist signed the document confirming this. A protective helmet was also issued to him against signature. He was correct. But the employee did not want to put it on, because he was uncomfortable in it. The result was an accident. Turner was injured. In this incident, the employer is not responsible for the incident. The turner has certain obligations of the employee in the field of labor protection. He knew about them and deliberately violated the instructions. Unfortunately, such examples are very common in life. People at construction sites, at dangerous production sites, when working with flammable materials, they often neglect their own safety. Our country is one of the world's leading countries in terms of the number of accidents at work. And no matter how severely punished employers, emergencies and injuries will still occur. Therefore, each employee must have an understanding and be responsible for violation of elementary safety rules.

Medical checkup

The duties of an employee in the field of labor protection include mandatory, both carried out before employment, and periodically, during labor activity. 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, are registered in job description order and rules of medical examinations.

Self-training as a duty

The main duties of an employee in the field of labor protection also include training and improving competence in this area. For example, the driver of heavy vehicles must improve their professionalism and learn safe working methods. This also includes the passage of a mandatory briefing on the provision of the first necessary (emergency) care in children's and other organizations.

Concealed the state of health - get punished

It is also the responsibility of the employee in the field of labor protection to notify the manager of health deterioration that affects professional activities and can lead to illness of others. A case in one of the children's health camps in summer period recreation. At one cook the open stage of tuberculosis became aggravated. As a result of contact with food, utensils, as well as airborne contact in enclosed spaces, some children have experienced health complications. It turned out that the employee knew about the deterioration of his condition. He passed the mandatory fluorography using fake documents in order not to lose the only source of income. For this, the responsibility of the employee in the field of labor protection is provided, up to criminal punishment and real 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 leads not only to disciplinary action, but may also lead to removal from office.

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

It consists in passing all the examinations, if required. official duties. This is connected not only with professional suitability. The life and health of others, including children, may depend on this. The employer has the right to remove from his post an employee who has not passed a medical examination on time, before it passes. Wherein wage offender is not paid. In addition, the suspension suspends seniority and affects vacation.

However, these sanctions do not apply to workers who do not undergo a medical examination through no fault of their own. In this case, such an employee is paid wages and seniority during the forced downtime.

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

Training of employees in the field of labor protection

It must be done under the supervision of a leader. These include:

• Specialized first aid courses.
• Theoretical trainings and practical exercises on elimination of 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 duties of an employee 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 colleagues, surrounding citizens, children depends on compliance with the norms and working conditions.

A lot depends on the employer, but not everything.

The list of responsibilities of business leaders includes many items:

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

But these and other measures on the part of the management will not bring the expected results if the employees themselves ignore the rules, do not follow safety precautions and knowingly endanger the life and health of themselves and those around them. Before you ignore the elementary safety rules and do not wear a protective helmet, goggles or a gown, you must remember that all safety requirements are written in human blood. As scary as it may sound.

11. Obligations of employees to comply with labor protection requirements in force in the organization

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;

correctly apply the means of individual and collective protection;

undergo training in safe methods and techniques for performing work on labor protection, providing first aid in case of accidents at work, briefing on 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 (when applying for a job) and periodic (during employment) medical examinations(surveys).

Employees are required to comply with technological discipline, labor protection, safety and industrial sanitation requirements.

For violation of these requirements of labor discipline, the administration of the enterprise applies the following disciplinary action:

- remark;

- reprimand;

- dismissal.

In some cases, an employee who violates the requirements of the law may be held financially or criminally liable.

12. Features of labor protection for women

It is prohibited to use the labor of women in heavy work and work with harmful or hazardous conditions labor.

List of heavy work and work with harmful or dangerous working conditions, in the performance of which the use of women's labor is prohibited , approved by Government Decree Russian Federation dated February 25, 2000 No. 162

It is forbidden for women to lift and move weights that exceed the maximum norms:

the maximum allowable rate of one-time lifting of weights is not more than 15 kg;

up to 2 times in 1 hour no more than 10 kg;

constantly during the shift no more than 7 kg.

When moving goods in trolleys and containers, the applied force should not exceed 15 kg.

SanPiN 2.2.0.555-96 "Hygienic requirements for working conditions for women" determines the mandatory hygienic requirements for production processes, equipment, main workplaces, labor process, production environment and sanitary and domestic provision of working women in order to protect their health.

SanPiN also takes into account the above norms. Chapter 4 of SanPiN 2.2.0.555-96 sets out the requirements for working conditions for women during pregnancy.

Pregnant women, in accordance with a medical report and upon their application, have reduced production rates, service rates, or these women are transferred to another job that excludes the impact of adverse production factors, while maintaining their average earnings from their previous job.

Until the issue of providing a pregnant woman with other work that excludes the impact of adverse production factors, she is subject to release from work with the preservation of the average earnings for all missed working days as a result of this at the expense of the employer.

When undergoing a mandatory dispensary examination in medical institutions, pregnant women retain their average earnings at the place of work.

Women with children under the age of one and a half years, in case of impossibility to perform the previous work, are transferred at their request to another job with the preservation of the average earnings from the previous job until the child reaches the age of one and a half years.

Women, upon their application and in accordance with a medical report, are granted maternity leave.

At the request of a woman, she is granted parental leave until the child reaches the age of three. The procedure and terms for the payment of benefits for state social insurance during the period of the specified vacation are determined by federal law.

Parental leave may be used in whole or in parts also by the child's father, grandmother, grandfather, other relative or guardian who actually cares for the child.

At the request of a woman or persons referred to in paragraph two of this article, while on leave to care for a child, they can work part-time or at home, while retaining the right to receive state social insurance benefits.

For the period of parental leave, the employee retains the place of work (position).

Leaves for childcare are counted in the general and continuous work experience, as well as in the length of service in the specialty (with the exception of cases where a pension is granted on preferential terms).

Working women with children under the age of one and a half years are provided, in addition to a break for rest and food, additional breaks for feeding the child (children) at least every three hours of continuous work lasting at least 30 minutes each.

If a working woman has two or more children under the age of one and a half years, the duration of the break for feeding is set at least one hour.

At the request of the woman, breaks for feeding the child (children) are added to the break for rest and food, or in a summarized form are transferred both to the beginning and to the end of the working day (work shift) with a corresponding reduction in it (her).

Breaks for feeding the child (children) are included in work time and are payable in the amount of average earnings.

It is forbidden to send on business trips, to engage in overtime work, work at night, weekends and non-working holidays pregnant women.

Sending on business trips, engaging in overtime work, night work, weekends and non-working holidays of women with children under the age of three years is allowed only with their written consent and provided that this is not prohibited by their medical recommendations. At the same time, women with children under the age of three must be informed in writing of their right to refuse to be sent on a business trip, to engage in overtime work, work at night, weekends and non-working holidays.

Termination employment contract at the initiative of the employer with pregnant women is not allowed, except in cases of liquidation of the organization.

If a fixed-term employment contract expires during a woman's pregnancy, the employer is obliged, at her request, to extend the term of the employment contract until she has the right to maternity leave.

Termination of an employment contract with women with children under the age of three, single mothers raising a child under the age of fourteen (a disabled child under eighteen), other persons raising these children without a mother, at the initiative of the employer, is not allowed, except for dismissal under paragraph 1, subparagraph "a" of paragraph 3, paragraphs 5 - 8, 10 and 11 of Article 81 of the Labor Code.

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

Compliance with labor protection requirements by an employee is one of the main guarantees that an accident will not happen to an employee, since the human factor in labor protection, its attitude to labor protection, own security and the safety of those working next to it is dominant. The main requirements for the employee to comply with labor protection requirements are specified in the employment contract.

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. The relevant rules oblige employees to comply with labor protection instructions that establish rules for the performance of work and behavior in industrial premises and on construction sites. Employees are also required to comply with the established requirements for handling machines and mechanisms, to use the means issued to them personal protection;

correct use of personal and collective protective equipment. Personal and collective protective equipment is used to prevent or reduce the impact on workers of harmful and hazardous production factors. Thus, according to statistics, every eighth accident at work occurring in the Russian Federation is associated with the absence or improper use of special clothing, special footwear or other personal protective equipment. Providing personal protective equipment at the expense of the employer is an inalienable right of the employee and the obligation of the employer in accordance with applicable law;

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. Occupational safety training is an essential element in the prevention of occupational injuries and occupational diseases. Technical solutions to ensure labor safety will be insufficient if employees do not comply with them due to lack of knowledge on labor protection, improper performance of technological operations;

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

undergo obligatory preliminary (when applying for a job) 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 of the Russian Federation and other federal laws. Mandatory preliminary (upon employment) medical examinations of employees are carried out in order to determine the compliance of the health status of employees with the work assigned to them. Periodic (during employment) medical examinations are carried out in order to dynamically monitor the state of health of employees under the influence of professional harmful factors. In accordance with Article 212 of the Labor Code of the Russian Federation, the employer is obligated to ensure that, at the expense of own funds preliminary, periodic, as well as extraordinary medical examinations (examinations) of employees with the preservation of their place of work (position) and average earnings for the time of passing these medical examinations.

According to this article, employees who have not passed mandatory medical examinations, as well as those with medical contraindications, are not allowed to work.

The Social Insurance Fund of the Russian Federation is allowed to allocate 20 percent of the amount of insurance premiums for the implementation of labor protection measures, including periodic medical examinations.

- main part labor functions. Labor protection requirements are designed to ensure the safety of the employee and others. Obligations of an employee for labor protection, fixed by the Labor Code of the Russian Federation, are considered in our article.

Obligation to comply with established labor protection requirements

Main obligations of employees to comply with labor protection requirements enshrined in Art. 214 of the 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 gets acquainted with labor protection requirements already in the form of approved rules and instructions. However, the procedure for developing these rules and instructions is a rather complex, multi-stage process.

Thus, the implementation of instructions for labor protection should be considered as compliance with the requirements of laws.

It must be understood that each provision in the instruction on labor protection and safety is the result of the work of more than 1 expert in this matter and could not appear just like that.

If the employee does not understand the meaning of any requirement of the instruction, he must still clearly comply with it and seek additional clarification from a labor protection and safety specialist (he should be at any enterprise!). This is directly related to the 2nd duty of the employee for labor protection under Art. 214 of the Labor Code of the Russian Federation.

The obligation to have complete, proven knowledge of labor protection and safety in their professional field

The employee must replenish and check his knowledge in the field of labor protection. Not 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 in order to acquaint employees with the labor protection system and control knowledge and compliance with the requirements.

According to the laws, on the 1st working day in an organization, any employee (including a 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 understood and understood everything. Only then can you go to workplace and get to work.

If an employee comes to production with special working conditions for a position that requires professional qualifications, then, before starting work, he must pass special education and pass an occupational health and safety exam. In the future, he will need to confirm his knowledge during periodic certification.

Additional measures may be required. For example, if skilled worker is transferred to work on new equipment, he must undergo additional instruction and knowledge testing.

For workers involved in one-time and specific work (for example, disaster relief), a separate targeted briefing is also required.

Duty to know and apply remedies

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

• individual - for 1 employee: overalls and footwear, goggles, face shields, helmets, helmets, etc.;
• collective - to create and maintain a normal safe environment at the workplace: ventilation and air purification systems, automatic control and decontamination, protection against radiation, vibration and noise, etc.

The employee is obliged to know and apply all the requirements for his type professional activity means of protection. The procedure for handling individual and collective protective equipment is included in the general production briefing or training in labor protection and safety. In addition, if practice requires it, within the framework of this briefing, the rules for providing first aid to the victim when not using protective equipment can be studied.

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

The employee is legally obliged to notify the manager that:

• There has been an accident;

• any emergency has occurred;
• other circumstances have arisen that may endanger the health and life of people;
• himself felt unwell (in this case, it is required to describe the symptoms, since they may be a reaction to a change in the working environment, for example, be the result of poisoning with harmful substances).

Obligation to undergo medical examinations

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

Reviews are divided into:

• pre-employment. At the same time, it is determined whether the employee is fit for this job in general.
• periodically during operation. During such inspections, they find out whether the employee is still able to perform his duties (for example, to work as a pilot), whether he is able to start them at the current moment (to go on a scheduled flight).
• targeted, usually emergency situations. For example, if an employee or a group of employees suddenly feel unwell.

For the purpose of fulfilling duties of an employee in labor protection each of them must undergo all the medical examinations and examinations assigned to him.

Ensuring that employees fulfill their labor protection obligations

1. Obligations 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 observe labor discipline. Obligations of an employee for labor protection are also subject to discipline.

Based on this, the employer must:

• furnish workplaces and set rules work schedule so that employees can comply with all the requirements and instructions for labor protection and safety;

• to provide all workers who need it with means of individual and collective protection;
• ensure the organization of training, instruction, testing of knowledge of employees in the field of labor protection;
• ensure the organization of medical examinations in all necessary cases;
• suspend the employee (s) from work if facts of non-compliance with the requirements for labor protection and safety are revealed (according to the norms of article 76 of the Labor Code of the Russian Federation).

2. Rights of the employer:

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

3. State control.

Authorized government bodies are required to take measures to ensure compliance with labor protection and safety standards:

• develop sectoral 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 the rules of labor protection and ensuring labor safety at enterprises and organizations;
• conduct the necessary training and certification of employees 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 non-compliance with labor protection requirements.

Important! Any accident at work is subject to investigation. The regulation on the peculiarities of the investigation of accidents in certain industries was approved by the Decree of the Ministry of Labor of the Russian Federation of October 24, 2002 No. 73. Cases of occupational diseases are also subject to investigation. The regulation on the investigation and registration 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 .

Article 214 of the Labor Code of the Russian Federation defines the duties of an employee in the field of labor protection.
1. The employee is obliged to comply with labor protection requirements.
In the organization, in accordance with the requirements normative documents, a labor protection management system is being created, which, in particular, includes the development of local (in relation to the organization) acts. This includes orders, regulations, rules and instructions for labor protection. Each employee must know which labor protection documents apply to him personally, and he must comply with their requirements.

2. The employee is obliged to use the means of individual and collective protection correctly.
To protect against harmful and (or) hazardous production factors, the employee is issued personal protective equipment (PPE) in accordance with model standards.
Occupational injury statistics show that almost half of accidents at work are due to the fact that workers either do not use PPE or use it incorrectly. And goggles, respirators, special gloves and other personal protective equipment prevent the occurrence of occupational diseases.

Therefore, employees must correctly apply PPE, ensure that it is clean and in good condition, inform their immediate supervisor about the need to repair or replace personal protective equipment.

3. The employee is obliged to undergo training in safe methods and techniques for performing work and providing first aid to victims at work, instructing in labor protection, on-the-job training, testing knowledge of labor protection requirements.
This paragraph of Article 214 of the Labor Code of the Russian Federation does not need special comment.
If the enterprise has organized labor protection, then the above activities are carried out in without fail. And the employee, if he cares about his own safety and does not plan to quit his job in the near future, will participate in labor protection training.

4. An employee is obliged to immediately notify his/her immediate or superior manager of any situation that threatens the life and health of people, of any accident that occurs at work, or of a deterioration in his/her health, including the manifestation of signs of an acute occupational disease (poisoning).
All rules and instructions for labor protection are written on the basis of many years of practice. And the obligations specified in paragraph 4 were not born from scratch. There have already been many cases when employees, neglecting their well-being, the life-threatening and health-threatening situation at the workplace, did not warn the administration about this. This is especially true for hazardous industries and professions. The driver didn’t get enough sleep before the flight, the electrician didn’t hang a warning sign on the electrical equipment, the employee didn’t pay attention to the lack of enclosing or built-in protection systems, and. the result is an accident.
Therefore, the first duty of an employee is to warn his immediate supervisor about the deterioration of his health, about inconsistencies in labor protection in the workplace, about violations of rules and instructions by other employees. And the more responsibility and integrity will be shown in this area, the less injuries there will be at work.

5. An employee is obliged to undergo mandatory preliminary (upon employment) and periodic (during employment) medical examinations (examinations), as well as to undergo extraordinary medical examinations (examinations) at the direction of the employer in cases provided for by this Code and other federal laws.
Periodic medical examinations (examinations) are carried out in order to:
- dynamic monitoring of the state of health of workers, timely detection of the initial forms of occupational diseases, early signs of the impact of harmful and (or) dangerous production factors on the health of workers, the formation of risk groups;
- identification of common diseases that are medical contraindications for continuing work associated with exposure to harmful and (or) hazardous production factors;
- timely implementation of preventive and rehabilitation measures aimed at maintaining the health and restoring the working capacity of employees. There are few workers who refuse to undergo medical examinations. On the contrary, many express the desire to check their health, because the disease, as you know, is easier to prevent than to cure.
The problem is different - many enterprises, for various reasons, do not organize medical examinations of their employees.
As a conclusion, we note the following:
- conscientiously fulfilling their labor protection duties, employees reduce the risk of situations that threaten the life and health of employees, prevent accidents at work, enable the administration to take effective measures to prevent dangerous situations;
- non-observance or negligent performance by an employee of labor protection duties is a disciplinary offense.
In this case, disciplinary sanctions and suspension from work may be applied as punishment.