In order to organize, coordinate the joint activity of employers and workers in ensuring and further observing labor protection in the organization, at the enterprise, special institutions are created. These are labor protection commissions. They are an important component of OSH management throughout the enterprise, in the organization. It is also one of the ways workers participate in managing the organization (in the niche of labor protection). The work of such a committee is based on the principles of social partnership.
Creature
Labor protection commissions (Article 218 of the Labor Code of the Russian Federation) are created on the initiative of:
- Workers.
- The employer himself.
- Representative body of the work collective.
Committee composition
The composition of the commission on labor protection is formed on a parity basis. This includes both representatives of the employer and representatives of elected bodies of the primary trade union organization (or other representative association of workers).
As for representatives from the work collective, they are nominated to the labor protection commission from among trusted, authorized persons in this field (labor protection) from staff or the trade union.
Nomination of representatives from workers, their trade unions and other representative associations is carried out at a general conference - a meeting of the working collective. Representatives from employers are appointed by order or order of the enterprise.
What is the number?
The number of members of such a committee, or a labor protection commission, is determined depending on the number of employees of a given enterprise, the specifics of production, the structure and other features of the organization. It can also be determined by mutual agreement, by agreement of the parties - the labor collective and the employer.
Regulatory Documentation
As for the vectors of activity, the conditions of creation, the terms of office of the labor protection commission in the organization, they are reflected in collective agreements. Or in another joint agreement document between employers and representatives of the labor collective.
The composition of the committee, as well as the Regulation on the Commission on labor protection, is approved by order or order of the employer.
About the chairman, deputies, secretary
This committee independently elects from its own composition both the chairman, and the deputy, and the secretary from each of the parties to the social partnership. That is, from workers and the employer.
In most cases, the chairmen of the labor protection audit commission are either directly the employer himself or his authorized representative. One of the deputies is a representative of the electoral structure of the trade union primary association (or some other authorized body representing the labor collective). The secretary is an employee from the occupational safety department of the employer.
The chairman of such a commission is not recommended to elect a worker who, according to his official duties, should be responsible for the state of labor protection at the enterprise. Or who is subordinate to the employer.
About committee members
We are considering the creation of a labor protection commission. It carries out its activities in full accordance with its own independently developed regulations, an action plan. These documents are approved by the chairman of this committee.
The members of such a commission fulfill their legal duties solely on a voluntary basis.This happens without exemption from their main employment. Of course, unless otherwise specified in the collective agreement.
Activity regulation
According to existing models, the labor protection commission is obliged to report at least once a year to the elected unit from the trade union primary association or workers' meeting. The essence of the report is the work done by the committee in the labor protection niche.
The elected body from the primary trade union organization, as well as the meeting of the work collective, has every right to withdraw its representatives from such a committee. And put forward new ones instead. The employer has a similar right. He may, by his order, withdraw his own representatives from this committee. And also appoint new ones instead.
Job financing
As for the members of the commission, they have an immediate obligation to undergo training in the field of labor protection according to the established algorithm. Note that it should be paid at the expense of the employer. Or financial means allocated for preventive measures to reduce cases of occupational injuries, occupational diseases of workers, for sanatorium-resort rehabilitation of workers who are directly engaged in production with dangerous and harmful working conditions.
Foundational Documentation
What is the basis of the work of the commission for testing knowledge and labor protection requirements? The main document here is the Model Regulation on such committees, approved by Order of the Ministry of Labor of the Russian Federation No. 412n (2014). In particular, it outlines the main tasks, functions and powers of such labor protection organizations.
The main objectives of the organization
The main tasks here are the following:
- Development on the basis of proposals from members of such a committee of programs of joint activities of the employer, the elected body of the primary trade union (or other authorized representative body of workers) to ensure compliance with state standards, requirements for the protection of labor, the prevention of industrial injuries, occupational diseases.
- Organization of systematic inspections of labor protection at workplaces, training on their results, based on an analysis of the causes of injuries at work, occupational morbidity, making proposals to the employer on improving the existing labor protection conditions.
- Assistance to the occupational safety services of the employer in informing the personnel about the state of labor protection and working conditions at their workplaces, there is an objective risk of damage to health at work, about relying workers compensation for the performance of official duties in case of dangerous and harmful labor factors, about the necessary personal protective equipment.
Functions
Protocols of the commission on labor protection can contain a lot of decisions. But all of them are aimed at implementing the standard functions of the organization:
- Consideration of various proposals from workers, employers, professional associations of personnel, other representative working bodies to formulate recommendations for improving working conditions, labor protection.
- Rendering assistance to employers in organizing training for workers in labor protection, safe methods of fulfilling official duties, in conducting verification of knowledge acquired by the labor collective, and in carrying out high-quality safety training.
- Participation in the inspection of labor protection at the enterprise, analysis of the results of such an inspection, development of recommendations on the basis of the violations found to the employer to address them.
- Informing workers on measures taken to improve working conditions, prevent injuries in the workplace, the occurrence of occupational pathologies, and diseases.
- Bringing the results of a special assessment of labor protection to the attention of staff.
- Informing staff about current standards for the provision of disinfectant, flushing preparations, safety shoes, work clothing, and other personal protective equipment. Recommendations for their proper use, storage, cleaning, washing, repair, disinfection, disinfection, etc.
- Assistance in the organization and subsequent conduct of preliminary (during employment) and periodic (when working in the organization) medical examinations, monitoring compliance with medical recommendations by workers during the performance of official duties.
- Promoting the timely provision of personnel engaged in work with hazardous and harmful working conditions with special therapeutic and preventive nutrition.
- Consideration of issues on financing labor protection measures, compulsory social insurance of the workforce against industrial accidents, direct control over the expenditure of financial resources of both the organization and the FSS of the Russian Federation, which are sent to preventive measures to reduce the number of occupational diseases and industrial injuries.
- Assistance to employers in introducing modern technologies, innovative equipment, modernization and automation of production processes into production, the purpose of which is to create safer, human-oriented working conditions, and eliminate dangerous, heavy physical work.
- Preparation and further submission to employers of proposals to improve the ongoing work on labor protection, preserving the health of workers, creating effective systems of material and moral incentives for the work collective, both observing labor protection provisions and ensuring the preservation and subsequent improvement of its (work collective) health.
- Consideration of both projects and normative local acts on labor protection, preparation of proposals on them to employers, an elected professional body or another organization authorized by workers.
Committee rights
In order for such a commission to be able to fully implement all the designated functions in life, it is endowed with the necessary rights:
- Receive from the employer comprehensive information necessary for its activities.
- Listen to reports on the state of labor protection at specific workplaces from the employer and employees.
- Listen to the reports of labor safety violators, send to the employer proposals on bringing them to justice.
- Participate in the development of draft collective agreements with employees.
- Make suggestions for encouraging workers who are actively involved in the committee.
- To assist in the resolution of labor disputes, something related to the violation of domestic laws on labor protection.
This concludes the discussion of labor protection committees. You are now familiar with their structure, functions, inalienable rights, features of creation and functioning.
