Organization of work of authorized (trusted) persons for labor protection. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
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Organization of work of authorized (trusted) persons for labor protection. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

To assist labor collectives, their representative bodies and the administration of enterprises (institutions, organizations) in the organization of public control over labor protection, work began on the creation of an institution of authorized (trusted) persons for labor protection.

Decree of the Ministry of Labor of Russia dated April 8, 1994 No. 30 approved "Recommendations on the organization of the work of an authorized (trusted) person for labor protection of a trade union or labor collective."

On the basis of these Recommendations, enterprises can develop regulations on authorized representatives, taking into account the specifics of forms of ownership and economic activity.

When organizing public control over labor protection at an enterprise, it must be taken into account that the successful fulfillment of the assigned tasks and functions by authorized persons is possible provided that they receive the necessary assistance and support from the administration of the enterprise, trade unions and other representative bodies authorized by employees, state control and supervision bodies, union inspectors. Legal guarantees for this are contained in the Labor Code of the Russian Federation, and other regulatory legal acts regulating the activities of the listed bodies.

Authorized (trusted) persons are elected to organize public control over the observance of the legitimate rights and interests of employees in the field of labor protection at enterprises of all forms of ownership, regardless of the scope of their economic activity, departmental subordination and the number of employees.

Depending on the specific conditions of production, several authorized persons may be elected in a structural unit. The number, procedure for their election and term of office may be stipulated in a collective agreement or other other joint decision of the employer and the representative body of employees.

Trade unions, other representative bodies or labor collectives authorized by employees organize the election of representatives in structural subdivisions or at the enterprise as a whole.

Elections of authorized persons are recommended to be held at the general meeting of the labor collective of the unit for a period of at least two years. If there are several trade unions at the enterprise, other representative bodies authorized by employees, each of them should be given the right to nominate candidates for the election of authorized representatives. Authorized persons may also be elected from among the specialists who do not work at the given enterprise (as agreed with the employer). It is not recommended to elect authorized employees who, according to their position, are responsible for the state of labor protection at the enterprise.

The authorized persons are, as a rule, members of the committee (commission) for labor protection of the enterprise.

The authorized representatives organize their work in cooperation with the heads of production sites, elected trade union bodies or other representative bodies authorized by employees, with the labor protection service and other services of the enterprise, with state bodies for supervision of labor protection and the inspection of trade unions.

The authorized persons in their activities must be guided by the Labor Code of the Russian Federation, legislative and other regulatory legal acts on labor protection of the Russian Federation, a collective agreement and an agreement on labor protection, normative and technical documentation in force at the enterprise.

Commissioners periodically report at the general meeting of the labor collective that elected them, and may be recalled before the expiration of their powers by decision of the body that elected them, if they do not perform the assigned functions or do not show the necessary exactingness to protect the rights of workers to labor protection.

The main tasks of the Commissioners are:

1. Promoting the creation of healthy and safe working conditions at the enterprise (in the production unit) that meet the requirements of the norms and rules for labor protection.

2. Control over the state of labor protection at the enterprise (in the production unit) and over observance of the legitimate rights and interests of employees in the field of labor protection.

3. Representing the interests of employees in state and public organizations when considering labor disputes related to the application of labor protection legislation, the fulfillment by the employer of obligations established by collective agreements or agreements on labor protection.

4. Advising employees on labor protection issues, providing them with assistance in protecting their rights to labor protection.

In order to perform the tasks assigned to the authorized persons, they must be granted the right to:

1. Monitor compliance in the unit in which they are authorized, legislative and other regulatory legal acts on labor protection.

2. Check the implementation of labor protection measures provided for by collective agreements, agreements, the results of an accident investigation.

3. Take part in the work of commissions for testing and acceptance into operation of labor tools.

4. Receive information from the heads and other officials of their departments and enterprises about the state of conditions and labor protection, accidents at work.

5. Make demands on officials to suspend work in cases of direct threat to the life and health of workers.

6. Issue to the heads of the department mandatory for consideration submissions on the elimination of identified violations of legislative and other regulatory legal acts on labor protection.

7. Apply to the relevant authorities with proposals to bring to justice officials guilty of violating the regulatory requirements for labor protection, concealing the facts of accidents at work.

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 on labor protection.

In accordance with the purpose of the institution of Commissioners and the tasks facing them, it is recommended to assign to the Commissioners following functions:

1. Monitoring compliance by employers with legislative and other regulatory legal acts on labor protection, the state of labor protection, including monitoring the fulfillment by employees of their obligations to ensure labor protection, i.e.:

observance by employees of norms, rules and instructions on labor protection;
the correctness of their use of collective and individual protective equipment (the use of special clothing, special footwear and other personal protective equipment for their intended purpose and keeping them clean and tidy).

2. Participation in the work of commissions (as representatives of employees) for conducting inspections and surveys of the technical condition of buildings, structures, equipment, machines and mechanisms for compliance with their norms and rules for labor protection, the efficiency of ventilation systems, sanitary and technical devices and sanitary amenity premises, means of collective and individual protection of workers and the development of measures to eliminate the identified shortcomings.

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

4. Monitoring the timely reporting by the head of the unit (works) of accidents at work, compliance with the norms on working hours and rest time, the provision of compensation and benefits for hard work and work with harmful or dangerous working conditions.

5. Participation in the organization of first aid (and after appropriate training - the provision of first aid) to the victim of an accident at work.

6. Participation in the investigation of accidents at work - on behalf of the trade union body or other representative body of the labor collective.

7. Informing the employees of the subdivision in which they are authorized about the identified violations of safety requirements in the course of work, the state of conditions and labor protection at the enterprise (in their subdivisions), explanatory work in the labor collective on labor protection issues.

The employer is obliged to create the necessary conditions for the work of authorized persons, to provide them with rules, instructions, other regulatory and reference materials on labor protection at the expense of the enterprise.

For newly elected commissioners, it is recommended to organize training according to a special program in courses at territorial labor bodies and other organizations at the expense of the enterprise (while maintaining the average salary of the trainee).

Authorized persons shall be issued an appropriate certificate.

It is recommended that those authorized to perform the functions assigned to them be given the necessary time during the working day, establish additional social guarantees on the terms determined by the collective agreement or a joint decision of the employer and the representative bodies of employees.

Authors: Fainburg G.Z., Ovsyankin A.D., Potemkin V.I.

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