Bodies of control and supervision over safety and labor protection in the Russian Federation. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
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Occupational Safety and Health / Legislative basis for labor protection

In accordance with Art. 20 of the Federal Law "On the Fundamentals of Labor Protection in the Russian Federation", state control and supervision over compliance with legislative and other normative acts on labor protection is carried out by the federal body of control and supervision, as well as by the relevant bodies of the constituent entities of the Russian Federation.

Distinguish the following types of control and supervision over compliance with labor protection legislation:

state;
departmental;
public.

State control in the field of labor protection are carried out by specially authorized state bodies and inspections:

Federal Labor Inspectorate under the Ministry of Labor and Social Development of the Russian Federation (since 2004 - Ministry of Health and Social Development of the Russian Federation) or Rostrudinspektsiya. Formed in accordance with Decree of the President of the Russian Federation of May 4, 1994 No. 850;
Federal Mining and Industrial Supervision1 of Russia (Gosgortekhnadzor of Russia). Regulations on Gosgortekhnadzor of Russia approved by Decree of the President of the Russian Federation of February 18, 1993 No. 284. Supervises the safe conduct of work in industry, the arrangement and safe operation of equipment. Gosgortekhnadzor of Russia also carries out licensing of certain types of activities associated with an increased risk of industrial production (objects) and work;
Federal Supervision of Russia for Nuclear and Radiation Safety (Gosatomnadzor of Russia). The regulation on Gosatomnadzor of Russia was approved by the Decree of the President of the Russian Federation dated September 16, 1993 No. 636-rp. Carries out state regulation and supervision of safety in the production, circulation and use for peaceful and defense purposes of atomic energy, nuclear materials, radioactive substances. Gosatomnadzor of Russia also licenses activities related to the use of atomic energy and nuclear materials;
State Energy Supervision[1] (Gosenergonadzor). In accordance with the Regulations on the State Energy Supervision in the Russian Federation, approved by the Resolution of the Council of Ministers, it monitors the technical condition and safety of maintenance of electrical and heat-using installations;
The Department of Sanitary and Epidemiological Surveillance within the Ministry of Health of Russia (Gossanepidnadzor) exercises state sanitary and epidemiological supervision over compliance by enterprises and organizations with hygiene standards, sanitary and hygienic and sanitary and anti-epidemiological rules. The regulation on the state sanitary and epidemiological service of the Russian Federation was approved by the Decree of the Government of the Russian Federation of July 24, 2000 No. 554;
State examination of working conditions. The regulation on the State Expertise of Working Conditions was approved by Resolution of the Council of Ministers of the Russian Federation of December 3, 1990 No. 557. The functions of this body are discussed in the section "Expertise of Working Conditions";
Gosstandart of Russia exercises state supervision over the implementation and observance of the System of Labor Safety Standards (SSBT) through its territorial bodies (state supervision laboratories, standardization and metrology centers) independently or jointly with the technical labor inspectorate of the central committees and councils of trade unions;
The Department of Road Safety of the Ministry of Internal Affairs of Russia (Gosavtoinspektsiya - GAI) allows the commissioning of new and out of repair cars, monitors the technical condition of road transport at enterprises, farms and institutions;
State fire supervision in the Russian Federation in accordance with the Federal Law of December 21, 1994 No. 69-FZ "On Fire Safety" (Article 5) is organized and carried out by the State Fire Service, which is the main type of fire protection. Until December 31, 2001, it was part of the Ministry of Internal Affairs of the Russian Federation, and is currently part of the Russian Emergencies Ministry.

Since 2004, Gosgortekhnadzor, Gosatomnadzor and Gosenergonadzor have been part of the unified Federal Service for Ecological, Technological and Nuclear Supervision - Rostekhnadzor of Russia.

All ministries and departments are departmental (intradepartmental) control compliance with labor laws at their subordinate enterprises and facilities. Some ministries and departments are also endowed with the rights of interdepartmental (state) control, as already mentioned earlier.

Departmental control on labor protection is carried out by a higher organization by subordination. Departmental control also includes control exercised by the labor protection and safety service of a given enterprise, educational institution.

Public oversight the state of labor protection is carried out by trade unions represented by their respective bodies or other representative bodies authorized by employees. In addition, public control by various associations, foundations, movements, parties, the media and individual citizens is also increasingly developing. This is an important element in the formation in Russia of a modern civil society based on the principles of democracy.

The highest supervision over the exact and uniform execution of labor laws is exercised by the Prosecutor General of the Russian Federation with subordinate prosecutors subordinate to him.

State supervision and control over compliance with labor and labor protection legislation is centrally performed by the Federal Labor Inspectorate.

The current (administrative and public) control of the state of working conditions at workplaces is carried out using a multi-stage control mechanism that has proven itself well at domestic enterprises.

Administrative and public control of labor protection in the field of education carried out jointly by the administration, the elected trade union body of the educational institution and the educational authorities.

In order to systematically monitor compliance with the requirements of labor protection legislation in educational institutions, four-stage control system:

I step. Control is carried out by heads of classrooms, training workshops, sports halls, educators, leaders of circles and sections, who daily check workplaces, serviceability of equipment and tools before the start of work (classes). If deviations from the rules and norms of labor protection, industrial sanitation, fire safety, electrical safety are found, the shortcomings that can be eliminated immediately are eliminated immediately, the rest are recorded in the log of administrative and public control.
II stage. Control is carried out by the deputy head of the educational institution, the head of the economy, authorized (trusted) persons for labor protection, who once a quarter check the state of labor protection, fire safety, electrical safety and industrial sanitation in all premises of the educational institution, take measures to eliminate the identified shortcomings. Shortcomings, the elimination of which requires a certain time and cost, are recorded in the journal of administrative and public control indicating the deadlines, performers and report them to the head of the educational institution.
III step. Control is carried out by the head of the educational institution together with the chairman of the elected trade union body, who once every six months study the materials of the second stage of administrative and public control, on the basis of the results of the analysis, check the state of labor protection, hear at joint meetings of the administration and the elected trade union body responsible for the implementation of the agreement on labor protection, plans, orders, instructions, analyze the accidents that have occurred. Based on the verification and discussion of issues on the state of labor protection, an order is issued by the head of the educational institution.
IV step. The control is carried out by the commission for the acceptance of educational institutions for the new academic year and the higher education authority.

Authors: Volkhin S.N., Petrova S.P., Petrov V.P.

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