Organization of labor protection at the enterprise
The organization of occupational health and safety at the enterprise is a complete system of rights, duties and powers of the subjects of the production process, procedures aimed at maintaining a safe level of production, rules and regulatory requirements that regulate issues of hired labor.
Labor protection at the enterprise
seven potential industrial accidents and injuries can and should be prevented. For this, it is necessary to take care of creating proper and safe working conditions at the enterprise.
The components (directions) of labor protection are regulated by relevant regulatory documents or a system of regulatory documents.
Obligations of the employer
Organization of occupational health and safety at the enterprise depends on the employer. The task of the employer is also to ensure compliance with the rights of workers provided for in normative and regulatory acts on labor protection.
In order to create safe and healthy working conditions, the employer performs, in particular, the following functions:
- forms relevant departments and appoints authorized persons to supervise compliance with labor protection requirements, approves internal rules, technological maps and standards;
- approves the collective agreement and takes comprehensive measures to maintain and improve the level of labor protection;
- develops a production optimization program, implements the latest technologies and scientific achievements;
- is responsible for the proper condition of industrial buildings, premises, production equipment and machines;
- takes urgent measures to help victims, organizes the payment of compensation to such persons;
- initiates an impartial and objective investigation of accidents, studies the causes that led to the accident and approves a list of preventive measures aimed at eliminating the risks of similar causes in the future;
- bears personal responsibility for the level of labor protection and violation of its requirements by other persons;
oversees workers’ compliance with technological processes, established rules of conduct and work regime.
Labor protection service at the enterprise
The creation of a separate labor protection service in the company is mandatory if the number of employees is 50 or more. For smaller enterprises, it is allowed to transfer the functions of the labor protection service on a part-time basis to persons who have the appropriate training, or to engage third-party specialists on a contractual basis.
The labor protection service reports directly to the employer.
Specialists have the right to:
- to issue orders on the elimination of admitted deficiencies, to receive information, documentation and explanations on labor protection issues from the responsible persons;
- demand suspension from work of employees who have not passed the mandatory medical examination, training, instruction, knowledge certification and do not have access to the relevant work;
- in the presence of a threat to the life and safety of workers — to suspend the production process;
to initiate the issue of bringing guilty persons to justice.
Control over compliance with labor protection legislation is carried out by trade unions and their associations represented by their elected bodies and representatives.
Trade unions carry out public control over compliance with labor protection legislation, creation of safe and harmless working conditions, proper industrial and sanitary conditions, provision of workers with overalls, special footwear, other means of individual and collective protection.
If there is a threat to the life or health of employees, the trade unions can demand from the employer the immediate cessation of work at workplaces, production sites, workshops and other structural units in general for the period necessary to eliminate the threat.
In the absence of a trade union at the enterprise, public control over compliance with labor protection legislation is carried out by a person authorized by employees.
Liability for violation of the requirements of labor protection legislation
Legal entities and individuals who, in accordance with the law, use hired labor, are liable to pay a fine in accordance with the procedure established by law for violation of the legislation on labor protection and non-fulfillment of the orders of officials of the executive authorities on labor protection supervision. The payment of a fine does not release a legal entity or an individual who, in accordance with the law, uses hired labor, from eliminating the detected violations within the specified time.
The maximum amount of the fine may not exceed five percent of the average monthly wage fund for the previous year of a legal entity or an individual who, in accordance with the law, uses hired labor.