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Issues of ensuring labor safety and compliance with internal production standards require control not only from the enterprise administration, but also from trade unions. This aspect is important point, since it is its compliance that becomes one of the foundations of public supervision. Therefore, the appointment of such a fiduciary and his rights and responsibilities must be considered with due care.

Occupational Safety and Health Commissioner from the workforce

First, it is necessary to distinguish between the concepts of a trusted person and a responsible person. The employee who is responsible monitors the implementation of the instructions and, if necessary, ensures them. Employee with authority public control , has the functions of supervision and control.
In order to fully consider the activities of proxies, it is necessary to turn to Resolution of the Ministry of Labor of the Russian Federation number 30. The provisions of this document indicate that such an institution is created precisely to respect the legitimate rights and interests of employees. The possibility of organizing such an elective position on the part of trade unions is also indicated.

How are elections of authorized trustees for labor protection carried out?

Since the trustee is an elected position, the question arises of who elects the labor protection representatives of the trade union committee. The resolution of the Ministry of Labor specifies that elections are organized by a trade union or other representative body of workers. If there are several such institutions, each of them can nominate its candidates.
Elections of labor protection representatives of trade unions are recommended to be held for a period of at least two years. At the same time, it is not recommended to nominate to this post those employees who are also responsible for the implementation of regulations. If necessary, the trustee may be recalled from office by decision of the meeting.

Elections are carried out at a general meeting of employees. Since proxies can be nominated both for a structural unit and for the enterprise as a whole, voting must be carried out accordingly.
Protocol for the election of authorized persons is a required attribute and includes the following information:

• number of participating employees;
• full names of the meeting chairman and secretary;
• specifying the meeting agenda;
• fixing the number of votes.

The number of such elected officials is not limited by law, but must be regulated by internal regulations.

Who heads the activities of labor protection commissioners

The activities of authorized representatives are regulated by the relevant regulations developed at the enterprise. It reflects general legal norms and recommendations, adapting them to the specifics of the enterprise.

Occupational safety representatives are responsible to the trade union and the head of the structural unit or the company as a whole, depending on their election. The administration must organize training for the elected official and all the required conditions for conducting job responsibilities. Such an employee reports to the meeting that elected him.

Order on the appointment of a labor protection commissioner

Order of appointment is the starting document from which the authorized person begins his activities. The document is published by the leader immediately after election. It must indicate the protocol number, as well as an indication of taking office.

The order is drawn up in the same form as similar acts at the enterprise. The specified employee must be familiarized with the document against signature.

Commissioner's work plan

Work plan of the Occupational Safety and Health Commissioner is the main standard regulating its activities. IN this document includes a list of activities that are designed to solve the following problems:

• assistance in organizing such working conditions that will meet labor safety standards prescribed by law and internal regulations;
• exercising the functions of public control over the implementation of these norms;
• representation of the interests of employees in municipal or other public institutions;
• providing consultations and other information to employees in matters of protecting their interests in safe and comfortable work.

Like general action plan , this document for the trustee is developed for the calendar year and indicates the main measures that must be taken by him.

Report on the work done by the commissioner

Depending on the established accountability, the labor protection commissioner issues a document with information on his activities to the employer or trade union. Such an act is drawn up in free form, however, must contain full information on the actions taken.

Sample progress report can be developed and included in regulatory framework enterprises. It is compiled at the end of the calendar year based on the results of fulfilling the prescribed plan.

Rights of the Occupational Safety and Health Commissioner

The resolution of the Ministry of Labor indicates the following rights of trustees:

• implementation of control functions in the relevant division of the organization;
• checking the implementation of those activities that are provided for in the organization;
• participation in commissions that inspect premises and equipment for the possibility of operation;
• timely receipt of information about accidents that have occurred;
• the ability to demand from the manager and responsible persons the fulfillment of instructions and ensuring safe conditions for work;
• issuing notifications to the manager about corrected violations;
• appeal for bringing to justice those responsible for offenses.

Authorized persons for labor protection of trade unions also have the right to participate in the resolution of labor disputes. It is prescribed that the subject of confrontation should relate specifically to issues of labor protection.

Responsibilities of the occupational safety representative at the enterprise

The responsibilities of the labor protection commissioner reflect his main functions:

• exercising control over compliance with the obligations of the employer and employees regarding the safety of the work process;
• participation in the work of commissions that carry out inspection and control functions;
• development of measures aimed at preventing and preventing accidents;
• participation in organizing first aid for victims, as well as in investigating the causes of accidents and identifying those responsible;
• providing information to employees on the state of working conditions, steps taken, violations eliminated.

This list is not mandatory and is advisory in nature. That is, the manager may not include certain functions in the general list.

Occupational Safety and Health Commissioner at School

The occupational safety representative at a school carries out activities similar to other enterprises. The preparation of the plan and report must be reflected in the adopted position which relates to the activities of this official. Since those elected to a given position are part of a representative committee, they also report to it and to the meeting at which they were elected.

After election, this employee must undergo certification for suitability for the position and familiarize himself with all instructions in force for the school or other educational institution. Only after this can he begin his duties to monitor their implementation.

FEDERATION OF INDEPENDENT TRADE UNIONS OF RUSSIA

EXECUTIVE COMMITTEE

RESOLUTION

ABOUT THE STANDARD PROVISIONS

ABOUT THE AUTHORIZED (TRUSTED) PERSON FOR LABOR SAFETY

PROFESSIONAL UNION

In order to implement Article 370 Labor Code Russian Federation, implementation of trade union control over the state of labor conditions and safety in the workplace, protection of the rights and legitimate interests of workers in safe work The FNPR Executive Committee decides:

1. Approve the Model Regulations on the authorized (trusted) person for labor protection of the trade union (attached).

2. Recognize as invalid the Resolution of the Executive Committee of the General Council of the FNPR of May 30, 1996 N 3-8 “On introducing amendments and additions to the Standard Regulations on the authorized representative of the trade union committee on labor protection.”

Chairman of the FNPR

M.V.SHMAKOV

Application

to the Resolution

FNPR Executive Committee

STANDARD PROVISIONS

ABOUT THE AUTHORIZED (TRUSTED) PERSON

ON OCCUPATIONAL SAFETY TRADE UNION

1. General Provisions

1.1. The standard regulation on the authorized (trusted) person for labor protection of a trade union (hereinafter referred to as the Regulation) was developed in accordance with Article 370 of the Labor Code of the Russian Federation and defines the main areas of activity, rights and obligations of the authorized (trusted) person for labor protection of a trade union (hereinafter - authorized) for the implementation of trade union control over compliance with labor protection requirements at enterprises, institutions and organizations (hereinafter referred to as the organization) in which trade union members work.

1.2. The authorized person in his activities is guided by labor protection requirements, these Regulations, resolutions (decisions) of the primary trade union organization and its elected bodies, collective agreement and (or) agreement, local regulations on labor protection.

1.3. The elected body of the primary trade union organization ensures the election of authorized representatives in each of its structural unit and in the organization as a whole. The number of authorized representatives, the procedure for their election and the term of office are established by the collective agreement, local normative act depending on the specific production conditions and the need to ensure trade union control over compliance with safe working conditions in the workplace.

1.4. If there are several trade unions in an organization, each of them is given the right to nominate candidates for the election of a commissioner.

1.5. An employee (official) cannot be elected as an authorized person, in functional responsibilities which includes ensuring safe conditions and labor protection in the organization and its structural division.

1.6. Commissioners are elected by open voting at a general trade union meeting (conference) of the organization's employees for the term of office of the elected body of the primary trade union organization.

1.7. Nomination of authorized persons to the labor protection committee (commission) as representatives of the organization’s employees can be carried out on the basis of a decision of the elected body(s) of the primary trade union(s) organization(s), if it (they) unites ) more than half of the employees, or meetings (conferences) of the organization’s employees.

1.8. Commissioners carry out their activities in cooperation with managers and other officials organization (structural unit), labor protection service and other services of the organization, committee (commission) on labor protection, technical labor inspection of trade unions, territorial bodies of federal bodies executive power authorized to carry out supervision and control.

1.9. Management of the activities of the commissioners is carried out by the elected body of the primary trade union organization.

1.10. Occupational safety representatives periodically report on their work at a general trade union meeting or at a meeting of the elected body of the primary trade union organization. Commissioners submit a report on their work (twice a year) to the elected body of the primary trade union organization (Appendix No. 1).

1.11. By decision of the trade union meeting or the elected body of the primary trade union organization, the authorized person may be recalled before the expiration of his powers if he does not fulfill the functions assigned to him to protect the rights and interests of workers in safe working conditions.

1.12. The elected body of the primary trade union organization and the employer (official), as well as the technical labor inspection of the trade union, provide necessary help and support to commissioners in carrying out their assigned duties.

1.13. Based on these Regulations, all-Russian (interregional) trade unions can develop their regulations taking into account the specifics and characteristics of the types economic activity.

2. Tasks of the Commissioner

The duties of the Commissioner are:

2.1. Promoting the creation in the organization (structural unit) of healthy and safe working conditions that meet the requirements of instructions, norms and rules on labor protection.

2.2. Carrying out control in the organization (structural unit) in the form of examination and (or) monitoring of the state of labor conditions and safety in the workplace.

2.3. Preparation of proposals for the employer (official) to improve conditions and labor protection in the workplace based on the analysis.

2.4. Representing the interests of employees in the consideration of labor disputes on issues related to the employer’s responsibilities to ensure safe conditions and labor protection and the employee’s rights to work in conditions that meet labor protection requirements.

2.5. Informing and consulting employees of structural units on their rights and guarantees for safe and healthy work.

3. Functions of the authorized person

To solve the tasks assigned to the authorized person, he is assigned the following functions:

3.1. Conducting surveys or observations of the state of working conditions at workplaces and preparing proposals to officials to eliminate identified violations.

3.2. Informing employees of the structural unit about the need to follow labor safety instructions, correct application them personal and collective protective equipment, maintaining them in good condition, applying and using in work proper and safe equipment and means of production.

3.3. Carrying out control in the structural unit over the progress of implementation of labor protection measures provided for by the collective agreement or agreement, and bringing to the attention of officials about existing shortcomings in the implementation of these measures within the time period specified in the agreement.

3.4. Informing employees of the structural unit about the measures taken to improve working conditions in the workplace, about the classification of working conditions in the workplace according to the degree of harmfulness and danger to a certain class (optimal, acceptable, harmful and dangerous) based on the certification of workplaces according to working conditions.

3.5. Assisting officials in ensuring that employees of a structural unit undergo mandatory periodic medical examinations (examinations) within the time limits established by the employer.

3.6. Monitoring the timely provision of employees of a structural unit with personal and collective protective equipment, milk or other equivalent products, therapeutic and preventive nutrition at work with harmful and (or) dangerous working conditions.

3.7. Carrying out inspections and inspections of machines, mechanisms, Vehicle and other production equipment located in the structural unit, in order to determine their compliance with state regulatory requirements for labor protection, as well as work efficiency ventilation systems and systems providing workplace lighting and safe use technological processes, tools, raw materials and materials.

3.8. Informing the employer (official) about any situation that threatens the life and health of employees, about every accident that occurs with an employee of a structural unit, about the deterioration of their health.

3.9. Participation in the organization of first aid, and, if necessary, provision of first aid to a victim as a result of an accident that occurred in a structural unit.

3.10. Preparation of proposals for the employer, the elected body of the primary trade union organization to improve instructions on labor protection, draft local regulations on labor protection.

3.11. Participation in the investigation of accidents and accidents that occurred in the structural unit, as well as ensuring control over measures to prevent them.

3.12. In an organization, a senior labor protection representative is elected from among the members of the elected body of the primary trade union organization, who, as a rule, is the deputy head of the elected body of the primary trade union organization.

The senior labor protection commissioner is responsible for:

organizing the work and coordinating the activities of those authorized to monitor compliance in the structural divisions of the organization with the implementation of labor protection requirements, norms and rules for labor protection, local regulations;

submitting proposals to the elected body of the primary trade union organization and heads of structural divisions to improve and improve the work of labor protection commissioners;

participation in the work of the labor protection committee (commission);

control over the implementation by officials of proposals on issues of ensuring safe conditions and labor protection made by authorized representatives;

making proposals for the candidacies of authorized persons for their participation in the work of commissions to investigate industrial accidents;

conducting an analysis of the state of conditions and labor protection in the organization, making proposals to the elected body of the primary trade union organization to reduce industrial injuries and occupational morbidity, improve working conditions and improve the health of workers.

4. Rights of the authorized person

To perform the functions assigned to him, the authorized person has the right:

4.1. Exercise control in the organization (structural unit) over compliance with the requirements of instructions, rules and regulations on labor protection, local regulations.

4.2. Carry out checks or surveys of the state of labor conditions and labor protection at workplaces, implementation of measures provided for collective agreements, agreements, as well as the results of accident investigations.

4.3. Participate in the investigation of industrial accidents and occupational diseases.

4.4. Receive information from the employer and other officials of organizations about the state of working conditions and labor protection, as well as about measures to protect against exposure to harmful and (or) dangerous production factors.

4.5. Take part in the work of commissions for testing and commissioning of production facilities and means of production.

4.6. Make proposals to eliminate violations of labor protection requirements that are mandatory for consideration by officials of organizations (Appendix No. 2).

4.7. Protect the rights and legitimate interests of members of the trade union on issues of compensation for harm caused to their health at work (work).

4.8. Send proposals to officials to suspend work in cases of immediate threat to the life and health of workers.

4.9. Take part in the consideration of labor disputes related to violation of labor protection requirements, obligations stipulated by collective agreements and agreements, changes in working conditions.

4.10. Submit proposals to the employer, official and the elected body of the primary trade union organization on draft local regulatory legal acts on labor protection.

4.11. Contact the relevant authorities with proposals to bring to justice officials guilty of violating labor protection requirements and concealing facts of industrial accidents.

5. Ensuring the activities of the authorized person

5.1. Providing conditions for the activities of the authorized person (exemption from the main job for the period of performing the duties assigned to him, undergoing training, providing the necessary reference literature, providing premises for storing and working with documents, etc.) is established by a collective agreement, a local regulatory act of the organization.

5.2. The authorized person is issued a certificate of the established form (Appendix No. 3).

5.3. Authorized persons undergo training at the expense of the Foundation social insurance Russian Federation (insurer) in accordance with the procedure established federal body executive authorities, carrying out the functions of legal regulation in the field of labor, at the direction of the employer in educational centers on labor protection, and also undergo training at the expense of the employer in industry programs.

5.4. In accordance with the collective agreement, local regulatory act of the organization, the authorized person may be provided with social guarantees provided for in Articles 25, 26 and 27 Federal Law“On trade unions, their rights and guarantees of activity.”

5.5. For active and conscientious work to prevent accidents and occupational diseases in the organization, and improve working conditions in the workplace, the authorized person can be rewarded financially and morally.

5.6. The employer and officials are responsible for violating the rights of the authorized person or obstructing his legal activities in the manner prescribed by law.

REGULATIONS ON THE AUTHORIZEDTRADE UNION COMMITTEEON LABOR SAFETY (in the absence of a trade union committee, the authorized representative is elected by the labor collective)

1. General Provisions

1.1. These Regulations have been developed in accordance with the “Model Regulations on the Commissioner of the Trade Union Committee on Labor Safety”, approved by the Resolution of the Executive Committee of the General Council of the Federation of Independent Trade Unions of Russia dated May 30, 1996 No. 3-8.

1.2. The authorized representative of the trade union committee (hereinafter referred to as the authorized representative) for labor protection is a representative of the trade union committee ( labor collective) of the institution and carries out constant monitoring of compliance by the head of the institution (employer) with legislative and other regulations on labor protection and safety.

The Occupational Safety and Health Commissioner is elected to the joint labor protection committee (commission).

1.4. An employee who, by virtue of his position, is responsible for the state of the conditions and labor protection of the institution and the implementation of measures to prevent occupational injuries and occupational diseases cannot be elected as a labor protection commissioner.

1.5. The employer (administration of the institution) and the trade union committee (general meeting of workers) are obliged to ensure the election of an authorized representative for labor protection in the institution.

The administration of the institution, state supervision and control bodies, technical labor inspection of trade unions provide the necessary assistance and support to the authorized trade union committee on labor protection in fulfilling the duties assigned to him.

1.6. The Occupational Safety and Health Commissioner performs work in close contact with the administration of the institution and with specialists from the occupational safety service.

1.7. The Occupational Safety and Health Commissioner is guided in his work by the Federal Law “On Trade Unions, Their Rights and Guarantees of Operations”, the Fundamentals of the Legislation of the Russian Federation on Labor Protection, the Law of the Russian Federation “On Environmental Protection” natural environment", rules and regulations on labor protection and environmental safety.

1.8. The Occupational Safety and Health Commissioner periodically reports on his work at a trade union meeting or at a meeting of the labor collective.

By decision of the trade union meeting ( general meeting collective) of the institution, the labor protection representative may be recalled before the expiration of his powers if he does not perform the assigned functions or does not show the necessary demands for protecting the rights of workers to labor protection.

2. Main tasks of the commissioneron labor protection

The main tasks of the Commissioner are:

2.1. Promoting the creation of educational institution healthy and safe working conditions that meet the requirements of norms and regulations on labor protection and environmental safety.

2.2. Monitoring the state of labor protection and environmental safety in the institution, ensuring compliance with the legal rights and interests of workers on these issues.

2.3. Representing the interests of employees in government and public organizations when considering labor disputes related to the application of labor protection legislation and environment, fulfillment by the employer of obligations established by collective agreements and agreements.

2.4. Consulting workers on labor protection and environmental safety issues, providing them with assistance in protecting their rights.

To solve the tasks assigned to the labor protection commissioner, he is assigned the following responsibilities:

3.1. Monitoring compliance by the manager (employer) with legislative and other regulatory legal acts on labor protection and environmental safety, compliance by employees with labor protection instructions, and their use of means personal protection(using special clothing, special shoes and other personal protective equipment for their intended purpose and keeping them clean and in order).

3.2. Participation in the work of commissions (as employee representatives) to conduct inspections and surveys technical condition buildings, structures, equipment, machines and mechanisms for compliance with their standards and regulations on labor protection, the efficiency of ventilation systems, sanitary devices and sanitary facilities, means of collective and individual protection of workers and the development of measures to eliminate identified deficiencies.

3.3. Participation in the development of measures to prevent accidents and occupational diseases, improve working conditions for workers.

3.4. Monitoring the timely notification by the head of the structural unit (works) about accidents that have occurred, compliance with working time and rest time standards, provision of compensation and benefits for hard work and working in harmful or dangerous working conditions.

3.5. Participation in the organization of first aid (and after appropriate training, provision of first aid) to a victim of an industrial accident.

3.6. On behalf of the trade union committee, participation in the investigation of industrial accidents.

3.7. Informing workers about identified violations of safety requirements during work, the state of working conditions in the institution, conducting explanatory work in the workforce on issues of labor protection and environmental safety.

4. Rights of the authorized personon labor protection

To fulfill the duties assigned to him, the labor protection representative has the right:

4.1. Monitor compliance with legislative and other regulatory legal acts on labor protection and environmental protection in the institution.

4.2. Check the implementation of labor protection and environmental safety measures provided for by collective agreements, agreements, and the results of accident investigations.

4.3. Take part in the work of commissions for testing and acceptance of work equipment.

4.4. Receive information from the administration of the educational institution about the state of working conditions and labor protection, and accidents that have occurred.

4.5. Submit demands to officials to suspend work in cases of immediate threat to the life and health of workers.

4.6. Issue mandatory submissions to the manager regarding the elimination of identified violations of legislative and other regulatory legal acts on labor protection and environmental protection.

4.7. Contact the relevant authorities with proposals to bring to justice officials guilty of violating regulatory requirements for labor protection and the environment, or concealing facts of industrial accidents.

4.8. Take part in the consideration of labor disputes related to changes in working conditions, violation of labor protection legislation, obligations established by collective agreements or agreements.

4.9. Submit to joint committees (commissions) on labor protection proposals on the degree of guilt of the victim in case of mixed responsibility of the parties for the accident, to determine the harm (damage) caused to the employee by injury or other damage to health associated with the performance of his work duties.

4.10. Protect the interests of victims of industrial accidents when considering cases in court and other government bodies.

4.11. Participate in negotiations held in an educational institution when concluding a collective agreement and an agreement on labor protection and environmental protection.

5. Guarantees of the rights of activity of the authorized personon labor protection

5.1. The employer, in accordance with the collective agreement, is obliged to create the necessary conditions for the work of a labor protection representative:

• provide it with rules, instructions, other regulatory and reference materials on labor protection and environmental safety at the expense of funds allocated from the budget;
• Conduct, together with the trade union committee, training of labor protection representatives while maintaining the average earnings of the trainee.

5.2. In accordance with Art. Art. 25, 26 and 27 of the Federal Law “On Trade Unions, Their Rights and Guarantees of Operations” the following social guarantees are established for the Occupational Safety and Health Commissioner:

• a labor safety representative who is not released from his main job cannot be subjected to disciplinary action, transferred to another job at the initiative of the employer and cannot be dismissed without the prior consent of the trade union committee;
• For active, conscientious work that helps prevent accidents and occupational diseases at work, and improve working conditions in the workplace, the authorized trade union committee may be financially and morally rewarded from the funds of the institution.

5.3. The employer and officials are responsible for violating the rights of the labor protection commissioner or obstructing his legitimate activities in the manner prescribed by law.

Notes:

The election of an authorized representative is the right of the Trade Union Committee (work collective) and does not depend on the wishes of the manager. The head does not have the right to prohibit the election of a commissioner.

Therefore, despite the fact that there is a Standard Regulation on the Commissioner, it is still advisable to have your own, taking into account the characteristics and specifics of the activities of your particular institution, as well as your capabilities to ensure the activities of the Commissioner (payment, equipment of the workplace, etc.) .

Federal legislation gives trade unions the right to monitor compliance by employers with their obligations to ensure safe conditions and labor protection.

According to paragraph 2 of Art. 20 of the Federal Law of January 12, 1996 N 10-FZ "On trade unions, their rights and guarantees of activity" trade unions exercise trade union control over the state of labor protection and the environment through their bodies, authorized (trusted) persons for labor protection, as well as own labor safety inspectorates, operating on the basis of regulations approved by trade unions.

For these purposes, they have the right to freely visit organizations, regardless of form of ownership and subordination, their structural divisions, workplaces where members of a given trade union work, participate in the investigation of accidents at work, protect the rights and interests of trade union members on issues of working conditions and safety at work (work), compensation for harm caused to their health at work (work), as well as other issues of labor protection and the environment in accordance with federal legislation.

These provisions of paragraph 2 of Art. 20 of the Law on Trade Unions were developed in Art. 370 Labor Code of the Russian Federation.

1. Trade unions have the right to monitor compliance by employers and their representatives with labor legislation and other regulatory legal acts containing standards labor law, their fulfillment of the terms of collective agreements and agreements.

Employers are obliged, within a week from the moment of receiving a request to eliminate identified violations, to inform the relevant trade union body about the results of consideration of this request and the measures taken.

2. In order to monitor compliance with labor legislation and other regulatory legal acts containing labor law standards, compliance with the terms of collective bargaining agreements, all-Russian trade unions and their associations can create legal and technical labor inspectorates of trade unions, which are vested with the powers provided for by the provisions approved by all-Russian trade unions and their associations. As for the authorized (trusted) persons for labor protection of trade unions, their rights are given in Part 6 of Art. 370 of the Labor Code of the Russian Federation, and part 8 of this article establishes that they have the right to freely verify compliance with labor protection requirements and make proposals for elimination of identified violations of labor protection requirements that are mandatory for consideration by officials of organizations and employers - individual entrepreneurs.

Note.

1) The Executive Committee of the FNPR, by resolution of October 18, 2006 N 4-3, approved the Model Regulations on the authorized (trusted) person for labor protection of the trade union.

2) In order to implement clause 3.1. of the above Standard Regulations, the Executive Committee of the FNPR, by Resolution No. 4-6 of September 26, 2007, approved Methodological Recommendations for organizing monitoring (monitoring) of the state of labor conditions and labor protection in the workplace by authorized (trusted) representatives of trade unions.

Rights and obligations of an authorized (trusted) person for labor protection of a trade union.

The main activities, rights and responsibilities of the authorized (trusted) person for labor protection of the trade union * (9) for the implementation of trade union control over compliance with labor protection requirements at enterprises, institutions and organizations * (10) in which trade union members work are regulated by the aforementioned above the Standard Regulations on the authorized (trusted) person for labor protection of a trade union, approved by Resolution of the FNPR Executive Committee of October 18, 2006 No. 4-3. As follows from the above text, the activities of the commissioner do not extend beyond the boundaries of the organization in which the trade union members work. From this point of view, it would be, in our opinion, more accurate to define this person as an authorized (trusted) person for labor protection of the trade union committee * (11) of the primary trade union organization.

The Commissioner is an elected person. The trade union committee ensures the election of authorized representatives in each structural unit and in the organization as a whole. The number of authorized representatives, the procedure for their election and the term of office are established by a collective agreement, local regulations, depending on specific conditions, production and the need to ensure trade union control over compliance with safe working conditions in the workplace. When several trade unions operate in an organization, each of them is given the right to nominate candidates for the election of a commissioner(s).

Management of the activities of the authorized representatives is carried out by the trade union committee. Commissioners periodically report on their work at a general trade union meeting (conference) or at a meeting of the trade union committee. Twice a year they submit reports on the work done to the trade union committee.

Tasks of the Commissioner.

The duties of the Commissioner are:

1. Promoting the creation in the organization (structural unit) of healthy and safe working conditions that meet the requirements of instructions, norms and rules on labor protection.

2. Carrying out control in the organization (structural unit) in the form of examination and (or) monitoring of the state of conditions and labor protection in the workplace.

3. Preparation of proposals for the employer (official) to improve conditions and labor protection in the workplace based on the analysis.

Note.

In our opinion, the text of paragraph 3 should be stated differently: the authorized person should not prepare these proposals. According to Part 6 of Art. 370 of the Labor Code of the Russian Federation, the authorized person has the right to send the employer proposals to eliminate identified violations of labor legislation and other regulatory legal acts containing labor law norms that are mandatory for consideration. We should also not forget that the commissioner must report all cases of such violations identified by him to the trade union committee.

4. Representation of the interests of employees in the consideration of labor disputes on issues related to the employer’s responsibilities to ensure safe conditions and labor protection and the employee’s rights to work, in conditions that meet labor protection requirements.

Note. Here, apparently we're talking about on the consideration of individual and collective labor disputes, regulated, respectively, by the provisions of Chapters 60 and 61 of the Labor Code of the Russian Federation. In principle, the trade union committee represents the interests of workers in these cases. In individual labor disputes considered in labor dispute commissions, upon the authorization of the employee (his interests can also be represented by an authorized (trusted) person for labor protection.

5. Informing and consulting employees of structural units on their rights and guarantees for safe and healthy work.

Functions of the authorized person.

In order for the authorized person to solve the tasks assigned to him, he is entrusted with the following functions:

1. Conducting surveys or observations of the state of working conditions in the workplace and preparing proposals to officials to eliminate identified violations.

Note.

Firstly, according to Part 6 of Art. 370 of the Labor Code of the Russian Federation does not include the rights of authorized persons to conduct surveys or observations. They are given the right to monitor employers' compliance with labor legislation and other regulatory legal acts containing labor law norms.

Secondly, we wrote above in the note to paragraph 3 of the section “Tasks of the Commissioner” about the incorrectness of assigning the duty of preparing proposals to employers (officials) to authorized persons.

2. Informing employees of the structural unit about the need to follow instructions on labor protection, the correct use of personal and collective protective equipment, their maintenance in good condition, the use and use of serviceable and safe equipment and means of production.

3. Monitoring in the structural unit the progress of implementation of labor protection measures provided for by the collective agreement or agreement, and bringing to the attention of officials about existing shortcomings in the implementation of these measures within the time period specified in the agreement.

4. Informing employees of the structural unit about the measures taken to improve working conditions in the workplace, about the classification of working conditions in the workplace according to the degree of harmfulness and danger to a certain class (optimal, acceptable, harmful and dangerous) based on the certification of workplaces according to working conditions.

Note. When applying the provisions of clause 4, it should be borne in mind that in accordance with the Federal Law of December 28, 2013 N 426-FZ “On Special Assessment of Working Conditions”, from January 1, 2014, instead of certifying workplaces for working conditions, a special assessment of working conditions is carried out at workplaces. If workplace certification was carried out before January 1, 2014 and the five-year validity period of its results had not expired by January 1, 2014, then a special assessment of working conditions should be carried out without fail after the expiration of the five-year validity period of the certification results. Therefore, the assignment of working conditions to a class can be made both according to the results of certification of workplaces, and according to the results of their special assessment - depending on the timing of the last certification of workplaces.

5. Assistance to officials in ensuring that employees of a structural unit undergo mandatory periodic medical examinations (examinations) within the time limits established by the employer.

Note. In our opinion, the function of the authorized person in in this case consists of monitoring compliance by the employer (his representative) with the rules for sending workers engaged in work with harmful and (or) dangerous working conditions (including underground work), as well as in work related to traffic, for preliminary and periodic medical inspections (Article 213 of the Labor Code of the Russian Federation).

6. Monitoring the timely provision of employees of a structural unit with personal and collective protective equipment, milk or other equivalent products, therapeutic and preventive nutrition at work with harmful and (or) dangerous working conditions.

Note.

This text needs to be clarified, bringing it into line with the provisions of the Labor Code of the Russian Federation.

1. Personal protective equipment is issued for work with harmful and (or) dangerous working conditions, as well as for work performed in special temperature conditions or related to pollution (Article 221 of the Labor Code of the Russian Federation).

2. Milk or other equivalent food products issued for jobs with hazardous working conditions (Article 222 of the Labor Code of the Russian Federation).

3. Therapeutic and preventive nutrition is provided at jobs with particularly hazardous working conditions (Article 222 of the Labor Code of the Russian Federation).

When developing a regulation on an authorized (trusted) person for labor protection in an organization, it is also advisable to indicate in the appropriate paragraph that the authorized person monitors the employer’s compliance with the requirements:

Art. 92 of the Labor Code of the Russian Federation, according to which for workers whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as harmful conditions labor 3 or 4 degrees or dangerous working conditions, the duration of working hours cannot be more than 36 hours per week.

Art. 117 of the Labor Code of the Russian Federation, according to which annual additional paid leave is provided to employees whose working conditions in the workplace, based on the results of a special assessment of working conditions, are classified as hazardous working conditions of the 2nd, 3rd or 4th degree or hazardous working conditions. The minimum duration of such leave is 7 calendar days.

Art. 147 of the Labor Code of the Russian Federation, according to which wages for workers engaged in work with harmful and (or) dangerous and other special conditions labor, installed in increased size. Minimum size increase in wages for these employees is 4 percent of the tariff rate (salary) established for various types work under normal working conditions. Specific wages are established by the employer in the manner established by Article 372 of the Labor Code of the Russian Federation.

7. Carrying out inspections and inspections of machines, mechanisms, vehicles and other production equipment located in a structural unit in order to determine their compliance with state regulatory requirements for labor protection, as well as the efficiency of ventilation systems and systems that provide lighting for workplaces, and safe management technological processes, use of tools, raw materials and materials.

8. Informing the employer (official) about any situation that threatens the life and health of employees, about every accident that occurs with an employee of a structural unit, about the deterioration of their health.

Note. According to Part 6 of Art. 370 of the Labor Code of the Russian Federation, in cases of direct threat to the life and health of workers, the authorized person has the right to present the employer with a demand to suspend work.

9. Participation in the organization of first aid, and, if necessary, provision of first aid to a victim as a result of an accident that occurred in a structural unit.

10. Preparation of proposals for the employer and trade union committee to improve instructions on labor protection, draft local regulations on labor protection.

11. Participation in the investigation of accidents and accidents that occurred in the structural unit, as well as ensuring control over measures to prevent them.

12. A senior commissioner for labor protection is elected from among the members of the trade union committee, who, as a rule, is the deputy head of the trade union committee.

The senior labor protection commissioner is responsible for:

organizing the work and coordinating the activities of those authorized to monitor compliance in the structural divisions of the organization with the implementation of labor protection requirements, norms and rules for labor protection, local regulations;

submitting proposals to the trade union committee and heads of structural divisions to improve and improve the work of labor protection commissioners;

participation in the work of the labor protection committee (commission);

control over the implementation by officials of proposals on issues of ensuring safe conditions and labor protection made by authorized representatives;

making proposals for the candidacies of authorized persons for their participation in the work of commissions to investigate industrial accidents and occupational diseases;

conducting an analysis of the state of conditions and labor protection in the organization, making proposals to the trade union committee to reduce industrial injuries and occupational morbidity, improve working conditions and improve the health of workers.

Rights of the authorized person

To perform the duties assigned to him, the authorized person has the right:

1. Exercise control in the organization (structural unit) over compliance with the requirements of instructions, rules and regulations on labor protection, local regulations.

2. Carry out inspections or surveys of the state of conditions and labor protection at workplaces, the implementation of measures provided for by collective agreements, agreements, as well as based on the results of accident investigations.

3. Take part in the investigation of industrial accidents and occupational diseases.

4. Receive information from the employer and officials of the organization about the state of labor conditions and safety, as well as measures to protect against the influence of harmful and (or) dangerous production factors.

5. Take part in the work of commissions for testing and commissioning of production means.

6. Make proposals to eliminate violations of labor protection requirements that are mandatory for consideration by officials of the organization.

7. Protect the rights and legitimate interests of trade union members regarding compensation for harm caused to their health at work (work).

8. Send demands to officials to suspend work in cases of immediate threat to the life and health of workers.

9. Take part in the consideration of labor disputes related to violation of labor protection requirements, obligations provided for by collective agreements and agreements, changes in working conditions.

10. Submit proposals to the employer, official and trade union committee on draft local regulatory legal acts on labor protection.

11. Contact the relevant authorities with proposals to bring to justice officials guilty of violating labor protection requirements and concealing facts of industrial accidents.

Note. The rights (or rather, powers) of authorized (trusted) persons for labor protection given in this section are significantly narrowed in comparison with the rights granted to these persons in accordance with Part 6 of Art. 370 Labor Code of the Russian Federation. For example, it is not said that authorized (trusted) persons exercise control over employers’ compliance with labor legislation and other regulatory legal acts containing labor law standards; conduct an independent examination of working conditions and worker safety; receive information from managers and other officials of organizations, employers - individual entrepreneurs on the state of working conditions and labor protection, as well as on all industrial accidents and occupational diseases. This shortcoming of the text of this section, in our opinion, should be eliminated in the text of the organization’s regulations on the authorized (trusted) person of the trade union.

The procedure for organizing the work of an authorized (trusted) person for labor protection of a trade union.

The Executive Committee of the FNPR, by resolution of September 26, 2007 N 4-6, approved the “Methodological recommendations for organizing monitoring (control) of the state of labor conditions and labor protection in the workplace by authorized (trusted) persons for labor protection of the trade union,” which establish the procedure for organizing work on monitoring the state of conditions and labor protection in the workplace, as well as the procedure for recording and using the results of subjective observations in organizations, institutions, and enterprises (hereinafter referred to as the organization). Let us turn to the main provisions of these recommendations.

Monitoring the state of labor conditions and safety in the workplace includes the following goals:

identification hazardous factors and risks, violations of the requirements of instructions and labor protection rules;

bringing information to employees about the existing risk of damage to health and the need to take measures to protect against harmful and (or) hazardous production factors;

reducing the number of production risks that contribute to the occurrence of industrial accidents and occupational diseases;

generation of proposals for an action plan to improve labor conditions and safety in a structural unit or organization.

Assessment of the level of harmful and (or) dangerous production factors in the workplace during the observation process is carried out by an authorized (trusted) person for labor protection of the trade union (hereinafter referred to as the authorized person) subjectively, i.e. according to his personal opinion.

Authorized persons can carry out their activities to monitor the state of conditions and labor protection at workplaces in interaction with managers and other officials of the organization (structural unit), the labor protection service and other services.

1) Preparation for conducting observations at workplaces.

1. Monitoring the state of labor conditions and safety in an organization is established by a joint decision (resolution) of the elected trade union body of the primary trade union organization (hereinafter referred to as the trade union committee) and the employer (his representative), in accordance with which the required volume of workplaces to be monitored is determined.

Note. When deciding on the start of observation, the composition and number of workplaces subject to observation, the trade union committee and the authorized person should, firstly, keep in mind that, according to Art. 5 of the Federal Law “On Trade Unions, Their Rights and Guarantees of Activities”, trade unions are independent in their activities from employers. Secondly, according to Part 6 of Art. 370 of the Labor Code of the Russian Federation, authorized persons have the right to check the state of labor conditions and safety, fulfillment of employers’ obligations stipulated by collective agreements and agreements, regardless of the will of employers.

The opinions of the trade union committee and the employer (its representative) on the beginning of observation, the composition and number of workplaces subject to observation may not coincide. In this case, in our opinion, the trade union committee and the commissioner can, relying on their rights granted to them by federal legislation, independently make an appropriate decision and conduct observation.

2. Methodological guidance and control over the organization and conduct of observation at all stages is carried out by the trade union committee, the senior representative for labor protection of the organization, and the labor protection service.

3. Criteria for assessing the state of labor conditions and labor protection at workplaces are established in the manner set out in Appendix No. 1 to these Methodological Recommendations (appendices to these recommendations in this work are not given).

4. To carry out observations, a reference and methodological base is formed ( technical passports equipment, recommendations, observation instructions, observation maps, etc.).

5. Participants in workplace observations are recommended to undergo training taking into account these Methodological recommendations, as well as the specifics and characteristics of the type of economic activity of the organization.

Technical labor inspectors of trade (interregional) unions, territorial associations of trade union organizations participate in the training of authorized persons and provide them with methodological assistance in monitoring the state of labor conditions and safety in the workplace.

6. For observation, it is recommended to select workplaces in such a way as to obtain the most reliable idea of ​​the level of labor safety in the structural unit. For this purpose, it is necessary to cover a sufficient number of workplaces representing various types work performed.

If all workplaces cannot be covered by observation, then a sample is made that covers the types of work with the most high level professional risks in a structural unit.

7. To assess the workplace, its boundaries adjacent to the workplace, traffic routes, as well as possible options for rescue and first aid to victims of accidents.

The boundary should be defined in such a way that workplace and the surrounding space could be observed from one point or small area.

For example, you can limit the space formed by the machine, workbench and shelving adjacent to the workplace located at the workplace. In addition to the above, it is necessary to determine which machines and devices (for example, machines, welders etc.) refer to the area being assessed.

Note. In paragraph 7, it is not clear why, in order to assess a workplace, its boundaries adjacent to the workplace are determined. It is also not clear why the boundary of the workplace should be defined in such a way that the workplace and the adjacent space can be observed from one point or a small area. In our opinion, the boundaries of a workplace are determined by its equipment with technical and other means and the organization of labor of the employee (workers) employed at this workplace. The workplace can be defined as an area equipped with the necessary technical means, in which the labor activity of a performer or a group of performers is carried out, jointly performing one job or operation. Therefore, when determining the boundaries of a workplace, not in addition to the above, but first of all, it is necessary to determine which machines and devices belong to it.

2.8. The frequency of observations in a structural unit is established jointly with its head, a specialist from the labor protection service and taking into account the ability of the authorized person to conduct an examination and fill out observation cards for workplaces on the site during a month (quarter).

2) Conducting observations at workplaces.

1. The assessment of the state of the workplace is carried out at the selected workplace, and the results of subjective observations are recorded in the corresponding lines and columns of the observation card according to the principle “good” or “+”/“bad” or “-” (Appendix No. 2).

2. When filling out the observation card, you must follow the Observation Instructions (Appendix No. 3).

The condition of the observation object (point) is considered “good” if it meets the minimum level (in the opinion of the observer) of safety requirements. If the condition of the object does not meet labor protection requirements, then the mark “poor” is given.

Note. In our opinion, any generalized assessment of the state of working conditions at the workplace (other facility, observation point) will not be reliable. For example, sanitary and hygienic conditions and safety of the workplace meet labor protection requirements, but workers are not provided with appropriate personal protective equipment. Therefore, the state of working conditions should be determined by their factors. In our opinion, it makes no sense to recognize the state of the workplace as good or bad; it is necessary to record the existing violations of labor protection requirements.

If for some reason it is not possible to evaluate this indicator or it cannot be determined by observation, then the mark “absent” or “0” is indicated in the corresponding column of the observation map.

If any shortcomings are noticed, you can immediately make the necessary notes, since later it is difficult to remember which indicator was touched by the “minus” mark.

Safety marks when working on equipment are placed separately for each machine (device) located at the workplace; thus, each box can have multiple marks.

3. For violations of labor protection requirements that cannot be delayed, the authorized persons shall report them to the head of the unit for in the prescribed form proposals to eliminate identified violations of labor protection requirements.

Note. It should be borne in mind that, in accordance with Part 6 of Art. 370 of the Labor Code of the Russian Federation, an authorized (trusted) person for labor protection of a trade union has the right to present to the employer (his representative, if the employer is legal entity) requirements to suspend work in cases of immediate threat to the life and health of workers.

4. The authorized person fills out a card for one workplace, after which you can move on to the next workplace. With a certain amount of experience, the authorized person spends up to 10-15 minutes examining one workplace.

5. An observation card is drawn up for each workplace subject to inspection.

After the assessment, the points “good” and “bad” are counted and a safety factor is derived, characterizing the level of safety of the observed workplace (work area).

The safety factor (K) is calculated by the formula:

Note. It does not follow from the above text what practical significance this coefficient has, which does not answer the question of what exactly needs to be done in order to bring working conditions in the workplace into line with regulatory requirements labor protection.

6. To obtain reliable information (results) about the state of labor conditions and safety, the assessment should be carried out at least at 5-8 workplaces.

7. Based on observation data, the authorized person draws up a protocol of observation results for each workplace (Appendix No. 4).

8. If there is an immediate threat to the life and health of an employee, identified during a workplace inspection, the authorized person informs the immediate supervisor of the work, the senior authorized person about the existing danger and makes a proposal to suspend work in the dangerous area.

Note. Does not make a proposal, but makes a demand in accordance with Part 6 of Art. 370 Labor Code of the Russian Federation.

9. The completed observation cards are transferred to the authorized persons to the labor protection service, where the specialists of this service, using the method of summing up data for all workplaces, determine the safety level in the structural unit.

Note. In our opinion, the authorized person should hand over these cards to the trade union committee, which, based on the results of observation, will make appropriate proposals to the employer (his representative) regarding the implementation of labor conditions and safety in accordance with state regulatory requirements for labor protection.

10. Regular surveys make it possible to observe changes in the level of occupational safety over time. With a normally established information system, for example, using “Occupational Safety and Health” stands, each employee has the opportunity to see how the level of safety in his workplace is changing.

3. Implementation of observation results.

1. Based on the results of observations carried out by authorized persons, the labor protection service carries out forecasting possible reasons injuries and ways to improve working conditions.

Note. In our opinion, the possibility of accidents should be indicated by the authorized person, based on the facts of violation of labor protection requirements established by him. As for “improving” the state of working conditions, this is the responsibility of the organization’s administration.

2. Measures to eliminate violations of labor protection requirements associated with costs financial resources and (or) requiring time to bring them into compliance with labor protection requirements, are included by the elected trade union body in the action plan (agreement) to improve working conditions and labor protection in the organization, indicating the deadlines, sources of financing and responsible persons.

Note. In our opinion, the text of this paragraph should be amended. First, a plan and an agreement to improve working conditions are not the same thing. The plan is approved by the employer (his representative). The trade union committee, for its part, can make its proposals on the plan. Whether the employer (his representative) takes them into account or not depends on the persons indicated. As for the agreement, it is accepted by both parties - the employer (his representative) and the trade union committee on the basis of consensus. Secondly, determining sources of financing for work to improve working conditions and safety falls within the competence of the employer (his representative). The trade union committee is interested in the amount of funds allocated by the employer (his representative) from the point of view of whether it is sufficient to fulfill the specified plan or agreement.

3. The Commissioner exercises control over the timely implementation of measures included in the annual plan for improving labor conditions and safety for a specific unit.

4. The labor protection service and the authorized representative inform the employees of the unit about the state of conditions and labor protection in the unit and at workplaces, as well as about the elimination of violations of labor protection requirements identified at workplaces during the observation process.

It is recommended to post information about the measures taken based on the results of observations on the “Occupational Safety and Health” stand or information stands at the site, department, or organization.

5. The results of observations can be used in the development of local regulations of the organization related to the payment of incentive bonuses to employees depending on the level of safety in the department and the organization as a whole.

Note. Firstly, the discussion in paragraph 5, in our opinion, should not be about incentive bonuses, but about compensation for work in jobs with harmful and (or) dangerous working conditions. These compensations include: provision of milk or therapeutic and preventive nutrition to employees, increased wages, additional leave, half-holiday. Figuratively speaking, compensation is established for certain in the prescribed manner severity, harmfulness and danger of work, but not depending on the level of labor safety subjectively established by the authorized person, especially since no definition of this concept is given.

Secondly, in paragraph 5, as if casually, in passing, a very important issue for many workers, which has not been fully regulated by the state, is touched upon regarding the establishment of these compensations. Therefore, the issue of establishing additional compensation, especially their abolition, which may follow when applying clause 5, should be treated very carefully.

Thirdly, in the case given in paragraph 5, we can only talk about increasing already established compensation or establishing additional compensation in accordance with Part 2 of Art. 219 Labor Code of the Russian Federation.