For violations by employees of labor legislation and labor protection rules, the following types of liability are established: disciplinary, material, criminal and administrative.

Ø Disciplinary responsibility workers is provided for in Article 198 of the Labor Code of the Republic of Belarus. For committing a disciplinary offense, the employer may apply the following disciplinary measures to the employee: reprimand, reprimand, dismissal from work.

For a one-time gross violation labor safety rules, resulting in injury or death of other workers, the employee may be dismissed at the initiative of the employer in accordance with Article 42 of the Labor Code of the Republic of Belarus.

Ø Material liability provided for in Articles 400 – 409 of the Labor Code of the Republic of Belarus. For causing property damage to the employer as a result of violations of labor protection requirements, the employee may be held financially liable.

If violations of labor legislation and labor safety rules contain elements of a crime, the perpetrator, regardless of whether a disciplinary sanction is imposed on him, may be brought to criminal liability.

Full or partial deprivation of bonuses from a violator is not a measure of disciplinary liability and can be applied simultaneously with bringing him to some kind of responsibility.

Ø Criminal liability established by Article 306 of the Criminal Code of the Republic of Belarus. Depending on the severity of the consequences, the perpetrators are subject to a fine, correctional labor, restriction or imprisonment (up to 7 years of imprisonment).

Special articles of the Criminal Code provide for liability for specific crimes related to labor protection and ensuring the safety of workers (Articles 299, 300,302-305, 307, 308, 317, 318, 336, as well as Article 233 - illegal entrepreneurial activity, Article 428 – official negligence).

Ø Administrative responsibility individuals and legal entities is established by the Code of the Republic of Belarus on Administrative Offenses (CAO), and the procedure for bringing to administrative liability is established by the Procedural and Executive Code of the Republic of Belarus on Administrative Offenses (PIKoAP), put into effect on March 1, 2007.

In the world of work, such responsibility is established, in particular, for:

· refusal to hire (Article 9.16);

· violation of labor protection rules (Article 9.17);

· violation of legislation in the field of collective labor relations(Article 9.18);

· violation of labor legislation (Article 9.19);

· concealment of an insured event (Article 9.20);

· violation of the requirement to conclude civil contracts (Article 9.25)

Depending on the nature of the offenses, the Code of Administrative Offenses provides for various measures of liability for both individuals and legal entities. At the same time, in particular, it is established that the minimum fine imposed on an individual cannot be less than one tenth of the basic amount. The minimum fine imposed on an individual entrepreneur cannot be less than two basic units, and on a legal entity - less than ten basic units.

Maximum size the fine imposed on an individual cannot exceed fifty basic units. The maximum amount of a fine imposed on an individual entrepreneur cannot exceed two hundred basic units, and on a legal entity - thousands of basic units when calculating the fine in basic units.

Administrative penalties are imposed by authorized government agencies and officials who are granted such right. The basis for imposing penalties are protocols on administrative offenses, which are drawn up by authorized officials specified in legislative acts.

PIKoAP regulates in detail issues related to all procedural actions when bringing to administrative responsibility, and also establishes the procedure for executing and appealing decisions made.

14.The main goals and objectives of the occupational safety management system at the enterprise?

The ultimate goal of labor protection is to ensure safety, maintain human health and performance during the work process. To achieve this goal through a complex practical actions it needs to be structured through a set of intermediate objectives of occupational safety management, which are:

· elimination (maximum reduction of levels) of risks caused by unfavorable factors production environment And labor process;

elimination (maximum level reduction) industrial injuries and reducing the severity of its consequences;

· elimination (maximum reduction in levels) of production-related and occupational morbidity and loss of working time for these reasons;

· elimination (maximum reduction in the number) of accidents and incidents at production facilities and material losses from them;

· elimination (maximum reduction) of unproductive costs caused by non-compliance with labor protection requirements;

· elimination (maximum reduction) of the number of violations of labor protection requirements.

The permanent goal of the organization in the field of labor protection should be continuous improvement occupational safety management, which is a fundamental requirement of the newly adopted national standards on occupational safety management

Occupational safety goals are achieved by solving the following occupational safety objectives:

· ensuring compliance by employees with occupational safety and health requirements;

· professional selection of workers in certain specialties;

· ensuring the safety of production equipment, equipment and tools:

· security production processes;

· ensuring fire safety;

· ensuring radiation safety;

· ensuring laser safety;

· ensuring traffic safety;

· ensuring the safe transportation of dangerous goods;

· ensuring the safety of buildings and structures;

· normalization of the conditions of the production environment and the labor process;

· sanitary services for workers;

· protection of workers from the negative consequences of exposure to unfavorable factors in the production environment and the labor process;

· provision of compensation and benefits for work in harmful and difficult working conditions.

Some of the listed tasks may not be typical for a particular enterprise, and their solution will not be required.

To achieve these goals and solve these problems, it is necessary to implement a set of measures, including general view contained in the definition of the concept of “labor safety”.

15. Classification of dangerous and harmful production factors?

Due to the variety of unfavorable production factors, as well as in order to ensure consistency and clarity of preventive work on labor protection, there was a need to classify HFPF.

According to the nature of the action, all CVPFs are divided into four groups: physical, chemical, biological and psychophysiological.

The group of physical OVPFs includes:

moving machines and mechanisms, moving parts of production equipment, moving products, workpieces, materials;

collapsing structures;

increased dust and gas contamination of the air in the working area;

elevated or low temperature equipment surfaces materials;

increased or decreased temperature, humidity, air mobility of the working area;

increased level noise, vibration, infrasound, ultrasonic vibrations, ionizing radiation, static electricity, ultraviolet or infrared radiation;

increased or decreased barometric pressure in the work area and its sudden measurement;

increased or decreased air ionization;

increased voltage in an electrical circuit, the closure of which can occur through the human body;

increased electric or magnetic field strength;

lack or lack of natural light;

insufficient illumination of the work area;

increased light brightness;

sharp edges, burrs, roughness on the surface of workpieces, tools, equipment;

location of workplaces at a significant height relative to the surface of the earth (floor).

According to the nature of their effects on the human body, chemical HFPFs are divided into: toxic, irritating, carcinogenic, mutagenic and affecting reproductive functions. Chemicals enter the human body through the respiratory system, gastrointestinal tract, skin and mucous membranes.

According to the degree of impact on the body, all harmful substances are divided into four hazard classes:

I – extremely dangerous (mercury, lead, etc.)

II – highly hazardous (acids, alkalis, etc.)

III- moderately dangerous (camphor, tea, etc.)

IY – low-hazard (ammonia, acetone, gasoline, etc.).

Biological CVPFs include the following biological objects: pathogenic microorganisms - bacteria, viruses, spirochetes, fungi, protozoa and their metabolic products.

Russian legislation provides workers with certain guarantees, including the right to safety labor activity– and that is why liability for violation of labor protection can be very serious for any of the parties to the relationship. In this case, it is assumed that various types of liability will be applied for violation of labor protection requirements and rules, depending on a number of factors, which must also be taken into account when implementing labor relations.

Responsibility for violation of labor protection - regulatory framework and legislative regulation

Fundamental principles for the protection of human rights in Russia, including in labor sphere, are ensured by the provisions of the Constitution of the Russian Federation. Thus, the provisions of its following articles are directly devoted to the issues of ensuring workers’ rights:

• Article 7. It establishes the protection of human labor and the provision of all necessary social guarantees related to work activities.
• Article 37. Its provisions establish fundamental rights related to work, which include the fundamental right to work in safe conditions.

However, the Constitution only establishes the fundamental foundation of human rights in matters labor guarantees, but does not provide direct legal regulation and clear mechanisms for introducing methods for protecting workers’ rights to safety and liability for violation of labor protection requirements. Thus, the parties to the labor relationship should familiarize themselves with the provisions of the following parts of the Labor Code of the Russian Federation:

• Art. 21 regulates the direct responsibilities and rights of workers, including the right to safety and the obligation to strictly comply with the requirements established by law.
• Art. 22 establishes for the employer his main obligations and rights, which include the requirement to comply with legislative standards in the field of labor safety.
• Art. 76. Its principles establish the possible liability of the worker and the obligation of the employer to remove employees from work if the latter have not undergone mandatory training on labor protection.
• Section X. The chapters and articles of the Labor Code of the Russian Federation included in it are entirely devoted to issues of labor protection and its practical implementation in the process of labor relations.

In addition, labor protection is also regulated by separate federal laws:

• Federal Law No. 10 dated January 12, 1996. This law regulates the activities of trade unions and their actual rights and responsibilities in matters of labor protection and bringing those responsible for its violation to justice.
• Federal Law No. 125 dated July 24, 1998. This law establishes that employees have certain guarantees and rights to receive compensation in the event of a violation of labor safety rules by the employer, for which he is held accountable.

Who is liable for violating labor safety rules?

Violation of labor safety rules entails liability individuals. At the same time, all parties to the labor relationship may be involved, depending on the circumstances of the violation. That is, sanctions can be imposed on the following persons:

A worker can be held accountable not only for a violation that actually entailed any consequences. He may be punished for general non-compliance with labor safety standards at the enterprise, incorrect use of protective equipment, and refusal to undergo training and medical examinations.

• . Only direct employees, and not the employer, can be held liable for such liability. This responsibility is fully regulated by the provisions and principles of the Labor Code of the Russian Federation.
• Administrative. This responsibility is imposed solely on the employer - both an individual and a legal entity, if they violated the rules for ensuring labor safety, and this violation cannot be attributed to a criminal offense. At the same time, legal justification in such a situation is provided by the provisions of the Code of Administrative Offenses of the Russian Federation.
• Criminal. Individual cases of violation of established legislative requirements in the field of occupational safety may be classified as a crime. Only individuals - workers, as well as officials - can be involved in it. Legal regulation in this case, it is ensured by the standards of the Criminal Code of the Russian Federation.
• This liability applies in situations where one of the parties to the labor relationship has suffered as a result of a violation material damage. The guilty party is obliged to provide compensation for such damage in accordance with the requirements of the law. Such liability is regulated by the provisions of the Labor Code of the Russian Federation and any party to the relationship can be involved in it.

Given such a wide variety of possible liability for violation of labor protection rules, it is necessary to consider the cases of its occurrence, as well as the sanctions provided for by law in more detail.

Disciplinary liability for violation of labor safety rules

Legal regulation of disciplinary liability and the consequences of bringing employees to it is ensured by the provisions of Article Art. 192 of the Labor Code of the Russian Federation and other standards of this document. The employer is obliged to prove that the employee committed a violation, and also to provide him with the opportunity to explain his actions. Disciplinary liability may be as follows:

• Imposing a reprimand or reprimand.
• Dismissal of an employee.

At the same time, internal regulations may provide for a special procedure for applying and removing disciplinary sanctions from workers. In addition, the presence of disciplinary sanctions may be a valid basis for depriving an employee of a bonus. At the same time, fine the employee by taking away part of his salary or mandatory payments– illegal.

In some cases, some government departments may provide not only the above types of disciplinary sanctions, but also have separate options for influencing employees. Most often this concerns law enforcement agencies. Thus, the Ministry of Internal Affairs also provides for disciplinary sanctions such as severe reprimand, demotion and other methods of influencing employees.

In addition, it should be remembered that if a violation of labor safety rules by an employee resulted in failure to undergo training or refusal to undergo mandatory training, then he should be removed from work. In this case, the employer is obliged to do this in any case - removal is a mandatory procedure, in contrast to which the employer is not obliged to apply to an employee. In itself, suspension from work is not a direct way to hold the employee accountable, but carries with it negative consequences for the worker, since during the suspension he is deprived of wages.

Administrative liability for violation of labor protection rules

Principles of application of administrative responsibility in the field labor legislation quite simple. In particular, violation of labor protection requirements is considered separately - the provisions of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation are devoted to the legal regulation of this issue. The extent of liability depends on the specific offense and its circumstances and provides for:

• Failure to comply with requirements for conducting special assessment working conditions implies holding the employer liable in the form of a fine of 5 to 10 thousand rubles for individual entrepreneurs and officials, and from 60 to 80 thousand rubles – for legal entities.
• Failure to suspend an employee if he fails to undergo a medical examination or mandatory instruction on labor protection and the admission of such an employee to work is punishable by a fine of 15 to 25 thousand rubles for officials and individual entrepreneurs, and from 110 to 130 thousand rubles for legal entities.
• Lack of provision of employees with the necessary means personal protection in the manner prescribed by law entails a fine of 20 to 30 thousand rubles for individual entrepreneurs and officials and from 130 to 150 thousand rubles for legal entities.
• Warning or fine from 2 to 5 thousand rubles for officials and individual entrepreneurs and from 50 to 80 thousand rubles for legal entities, in other cases.

Repeated commission of one of the above offenses within a year entails disqualification of officials for a period of 1 to 3 years or a fine of 30 to 40 thousand rubles. For individual entrepreneurs, the punishment may include up to 90 days of suspension of activities or a similar fine. Legal entities are required to pay a fine of 100 to 200 thousand rubles, or they may also be subject to suspension of activities for a period of 90 days.

Criminal liability for violation of labor safety rules

In some cases, criminal liability may be provided for violation of labor safety rules. It is imposed solely on the guilty individuals– the employer, as a business entity, in this case is not involved in it. Legal regulation of this issue is provided primarily by the provisions of Article 143 of the Criminal Code of the Russian Federation. It provides for the imposition of the following penalties in certain situations:

• If a violation of labor protection rules has resulted in serious harm to a person’s health, then the person guilty of this violation may be sent to correctional labor for up to two years, compulsory work for a period of 180 to 240 hours, forced labor for a period of up to a year, or imprisonment for for a period of up to one year with deprivation of the right to occupy relevant positions for a similar period. Also, one of the possible penalties may be a fine of 400 to 800 thousand rubles or 18 months’ salary.
• If the consequence of the violation is the death of a person, the punishment will be imprisonment for up to 4 years with or without restriction of the right to occupy certain positions for three years, or up to 4 years of forced labor.
• If two or more people die as a result of violation of labor protection requirements, liability expands to 5 years of forced labor or 5 years of imprisonment with or without restriction of the right to occupy certain positions.

In addition to the above standards, the Criminal Code of the Russian Federation may also provide for separate penalties for violation of labor protection requirements at sensitive facilities - nuclear power plants, strategic enterprises and in other similar places.

Financial liability for violation of labor protection

If the violation resulted, the regulations require the guilty party in the labor relationship to compensate for it. The employer is obliged to fully compensate for the damage caused to the worker. This applies both directly to material damage and to deprivation of the employee’s right to work and receive wages– for example, in case of wrongful removal. In addition, it may also include compensation for moral damages.

When the violation was committed by a worker, during which damage was suffered by the employer or his counterparties, the employer has limited ability to hold the worker accountable. Thus, given the limited nature of material liability, the employer cannot recover from the employee an amount in excess of his monthly income. In other situations, if there were grounds for the occurrence, the employer has the right to recover from the employee the entire amount of damage incurred.

What are the types of liability for violation of labor protection requirements at an enterprise?

What punishments can be used in relation to an employee, a special official or for the entire enterprise as a legal entity?

Types of liability for violation of labor protection requirements

1. Disciplinary. Provided for employees, specified in the Labor Code. Types of disciplinary sanctions include reprimand, reprimand and dismissal. The procedure for imposing sanctions on an employee is specified in labor legislation, as well as in local regulations (PVTR - Internal Regulations) and other documents.
2. Material. This is also a type of responsibility that is provided for employees. Applies when, as a result of the employee’s unlawful acts, material damage is caused to the property and property interests of the employer. The employee is obliged to compensate only direct material damage, and not lost profits. Financial liability is regulated by labor legislation, as well as a number of other acts.
3. Administrative. A type of liability that can be used both in relation to individuals and in relation to legal entities (for legal entities, administrative liability is most often established in the form of a monetary sanction - a fine).
4. Criminal. Provided only for individuals (not only employees of enterprises, but also officials: occupational safety specialists, managers and others). Criminal liability for violation of labor protection requirements is the most severe and may include not only fines, but also imprisonment.

What federal laws provide for liability for violation of labor safety standards?

Responsibility of the employee and the employer specified in a number of regulatory legal acts.

• Labor Code of the Russian Federation;
• Code of Administrative Offenses (this is the Code of Administrative Offences);
• Criminal Code Russian Federation(aka the Criminal Code of the Russian Federation);
• Federal Law “On industrial safety hazardous production facilities” (please ensure that you have the current version of the regulatory act: changes were made in 2016!). Some of the changes made began to take effect only in 2016-2017.

Dismissal for violation of labor protection requirements as a type of disciplinary liability: grounds and procedure

In Art. 192 of the Labor Code of the Russian Federation lists types of disciplinary sanctions, including dismissal. Art. 192 of the Labor Code refers to the provisions of Article 81, in which the reasons for dismissal are listed.

One of them is violation of labor protection rules. In the article itself 81 of the Labor Code contains the grounds for dismissal:

1. The violation of the rules was established by the labor protection commission or special commissioners for labor protection.
2. Violation of labor safety rules by an employee entailed serious consequences (for example, an accident occurred at work, an accident occurred, or a catastrophe occurred).

Disciplinary liability in the form of dismissal is also possible in such a case if the violation of labor safety rules knowingly created a real threat of dangerous consequences.

In Art. 193 of the Labor Code contains the general procedure for imposing administrative penalties on an employee. The standards listed here also apply to dismissal for violation of labor requirements. The diagram looks like this:

Disciplinary liability in the form of dismissal is the strictest. Be careful when filling out all documents and ensure that the entire procedure is followed.

If at least one document is missing, if the deadlines for imposing a disciplinary sanction were violated, then the employee can safely contact the state labor inspectorate and (or) to bodies that deal with individual labor disputes.

The list of labor protection violations at the enterprise is compiled at each individual enterprise and is an internal document.

Employer's liability for violation of labor safety requirements. Let's look at the administrative code!

Administrative Code (Administrative Code) is a document that provides for the liability of a legal entity.

It means that the company will pay a fine for violating labor protection legislation(more often).

For legal entities, such type of liability is also provided as temporary ban on activities. In this material we will list only the main offenses contained in the Code of Administrative Offenses:

1. Art. 5.27 for violation of labor legislation, as well as other acts containing norms labor law. According to part 5. Art. 5.27 of the Administrative Code entails liability in the amount of a fine of 5,000 rubles for citizens; disqualification for 1-3 years for officials, a fine of 30,000 rubles. for those who carry out activities without forming a legal entity; There is also a fine for legal entities from 100,000 rubles to 200,000 rubles.
2. Art. 5.27.1 for violation of state regulatory requirements for occupational safety. The maximum sanction for legal entities under this article provides for a fine of 100,000 rubles. up to 200,000 rub. or administrative suspension of work for up to 90 days.
3. Art. 5.28, providing for liability for evading the employer’s participation in negotiations on concluding a collective agreement (CA).
4. Art. 5.31 for violation or failure to fulfill obligations under collective agreement, agreement
5. Art. 15.34 for concealing an insured event, it provides for the imposition of administrative liability in the form of a fine from 5,000 rubles to 10,000 rubles (applies to legal entities).
6. Art. 19.5 Code of Administrative Offenses of the Russian Federation for failure to comply within the prescribed period with a legal order of the relevant officials.

The employer's liability in such cases is not limited only to a fine, but also threatens with additional inspections, lost profits during administrative suspension of activities and other sanctions.

But Criminal liability is rightfully considered the most severe. It cannot occur for legal entities, since a legal entity is not a subject of criminal law.

But the norms of the Criminal Code of the Russian Federation are applied to officials whose activities resulted in violation of labor protection rules and serious damage.

Criminal liability for violation of labor protection requirements

In the Criminal Code of the Russian Federation There are several articles that are related to liability for violation of labor laws.

1. Article 145 for an unreasonable refusal to hire or for the unjustified dismissal of a pregnant woman, as well as women with children under 3 years of age. Provides for the imposition of a fine of up to 200,000 rubles or a fine in the amount of salary or in the amount of other income of the convicted person for a period of up to 18 months, and compulsory work for a period of up to 360 hours is also specified as a sanction.
2. Article 145.1 Failure to pay wages, pensions, scholarships, allowances, and other payments is punishable by up to imprisonment for up to 5 years.

But the key norm that provides for criminal liability is Art. 143 of the Criminal Code of the Russian Federation. It is called “Violation of labor protection requirements” and contains 3 parts.

The corpus delicti has a number of features:

1. Special subject - the person who was assigned responsibilities to ensure labor safety rules. The resolution of the Plenum of the Supreme Court on April 23, 1991 (with subsequent amendments) states that such entities include: A) heads of enterprises; B) chief engineers; C) chief specialists who did not take measures to eliminate violations D) other persons charged with labor protection responsibilities. If a violation of the norms was committed by a person who does not have a special status, but through negligence resulted in serious harm to human health/death due to negligence, then criminal liability arises under a completely different article - Art. 109, 118 CC.
2. Necessary presence of socially dangerous consequences(causing serious harm to health, death of a person or several people). Of course, it will be necessary to prove the existence of a cause-and-effect relationship between the direct violation of the rules and the occurrence of harm.
3. All acts provided for in this article are committed due to negligence.
4. Responsibility comes at enterprises regardless of ownership(state, private, foreign in Russia or others).
5. Violation of labor protection rules is a broad concept that can include not only safety precautions, but also rules for safe work, violation of industrial sanitation and occupational hygiene rules and others.

Art. 143 of the Criminal Code of the Russian Federation and criminal liability for violation of labor protection requirements

Part 1 art. 143 provides for criminal liability for violation of labor protection requirements, resulting in negligence in causing serious harm to health.

The sanctions of the criminal article provide for the following types of punishments:

• a fine of up to 400,000 rubles or a fine in the amount of the salary/other income of the convicted person for a period of up to 18 months;
• compulsory work for periods of 180-240 hours;
• correctional labor for a maximum period of 2 years;
• forced labor for a maximum period of 1 year;
• imprisonment for up to 1 year + deprivation of the special right to occupy certain positions or to engage in certain activities up to 1 year (or without deprivation of rights).

Part 2 art. 143 of the Criminal Code of the Russian Federation and criminal liability for violation of labor protection requirements, resulting in the death of a person due to negligence provides for the following sanctions:

• forced labor for up to 4 years;
• imprisonment for up to 4 years + deprivation of the right to hold certain positions/engage in one or another type of activity for up to 3 years (or without deprivation of the right).

Part 3 art. 143 of the Criminal Code of the Russian Federation and criminal liability for violation of labor protection requirements, resulting in the death of 2 or more people due to negligence punishable:

• forced labor for a maximum period of up to 5 years;
• imprisonment for up to 5 years + deprivation of the right to hold certain positions/engage in certain activities for up to 3 years (or without deprivation of the right).

Note to Art. 143 directly indicates that labor protection requirements in this article mean state regulatory requirements for labor protection, which are in federal laws, as well as in other acts.

Where is the list of labor protection violations at the enterprise?

It may not only be local acts(although they are the easiest for employees and officials to navigate).

To view the responsibilities and rules for performing work, take a look at PVTR, standard instructions on safety, as well as in the job description.

Before hiring an employee, the employer is required to conduct induction training + initial instruction on safety precautions. The employee signs this in a special journal.

Also, the enterprise must have installed frequency of ongoing briefings on safety and labor protection (for example, they are carried out once every 6 months).

Each employee must undergo current training + sign in the appropriate journal. Additionally, there are cases of so-called “emergency briefings”, which are carried out after an accident at the enterprise. Employees also sign for them.

There are also industry rules on occupational safety, which include:

1. Order of the Ministry of Labor and Social Protection of the Russian Federation dated February 25, 2016 N 76n entitled “On approval of the Labor Protection Rules in agriculture» . There are the same resolutions approving occupational safety rules in construction, in housing and communal services (housing and communal services), in the field of production food products and others.
2. Order of the Ministry of Agriculture of the Russian Federation of June 20, 2003 N 890 entitled “On approval of the Labor Protection Rules in meat industry» . There are also separate orders for enterprises operating in the field of storing sugar beet seeds, grain storage and processing, crop production, livestock farming, the tobacco industry and other areas.
3. Orders of JSC Russian Railways on labor protection for Russian employees railways(machinists, heating network workers, builders and many others).

Interindustry documents that regulate labor protection rules

1. Order of the Ministry of Labor and Social Protection of the Russian Federation dated November 16, 2015 No. 873n entitled “On approval of the Rules for labor protection during storage, transportation, and sale of petroleum products”
2. Resolution of the Ministry of Labor of the Russian Federation of March 28, 2014 N 155n entitled “On approval of the Safety Rules when working at height”.

There are the same regulations on safety rules when processing plastics, working on road transport, operation of gas facilities of organizations, when performing soldering of products.

3 conclusions from the article

1. There are 4 types of liability for violation of labor safety rules: from disciplinary to criminal
2. List of labor protection violations the company is located in job descriptions, PVTR and other local documents. There are also requirements, rules and instructions approved by orders and regulations
3. Application disciplinary action- dismissals must comply with those established in Art. 193 TC rules.

Video: Responsibility for violation of labor protection requirements

The Constitution of the Russian Federation guarantees every citizen the right to work, which is carried out in accordance with hygiene and safety requirements.

One of the main conditions for compliance with these requirements is control over the implementation of legislation in the field.

In case of violation of the legislation in this area, the employer may be subject to criminal prosecution, the type and severity of which will depend on the specific offense.

Violation of labor protection (OHS) requirements is a type of violation of labor legislation in general.

Currently, the procedure for agreeing, developing, canceling and taking into account all rules for labor protection is established by such a legislative act as Resolution of the Ministry of Labor of the Russian Federation No. 80 of January 17, 2002.

Regulation of the grounds and measures of liability is carried out by several regulations, depending on its specific type. In particular, this could be:

Labor Code

3. Admission of an employee to work without following the necessary procedures entails the imposition of the following fine:

• from 15 to 25 thousand rubles. - for officials and individual entrepreneurs;
• from 110 to 130 thousand rubles. - for legal entities.

In this case, the list of these mandatory procedures includes:

• completing training (including necessary ones);
• mandatory (preliminary or periodic);
• obligatory.

The list of employees for whom the last two procedures are necessary is approved by law.

4. Failure to provide for subordinates is punishable with this fine:

• from 20 to 30 thousand rubles. - for individual entrepreneurs or officials;
• from 130 to 150 thousand rubles. - for legal entities.

In the event that any of the listed violations have been committed again, liability towards the guilty person is increased:

• officials can be fined within 30-40 thousand rubles. or disqualified for 1-3 years;
• the fine for individual entrepreneurs will also be equal to 30-40 thousand rubles, however, in addition, suspension of activities for a period of up to 90 days may be applied to them;
• legal entities may receive a fine of 100-200 thousand rubles, as well as suspension of work for a period of up to 90 days.

Obviously, the most stringent measures are imposed on those employers who belong to legal entities. In relation to individuals, the legislation is more lenient.

Other liability for violations

In addition to administrative liability, other liability may also be established for violation of labor legislation:

Material

If, as a result of one or more of the violations listed above, damage was also caused to the property of employees, the enterprise or third parties, then in this case the guilty person is obliged to compensate for this damage.

Moreover, such a requirement does not depend on whether any other types of liability apply to it.

Disciplinary

Can apply to both the employee and the employer’s representative (i.e. the manager). Depending on the type of violation, he may be punished or. Repeated violations may even result in dismissal.

Criminal

The most serious type of liability, which is due if the consequences resulting from the violation led to harm to human health or life. It is applied in accordance with Art. 143 of the Criminal Code of the Russian Federation in relation to a person who was charged with fulfilling the requirements of labor protection and who did not fulfill these duties.

The specific punishment depends on the consequences and is shown in the table:

Such strict penalties for violations are associated with the importance of labor protection in the work activities of all enterprises.

6. Types of liability for violation of labor protection

Russian legislation provides for four types of liability of employees for violation of labor law requirements, labor protection and industrial safety: - disciplinary;

Material;

Administrative;

Criminal.

DISCIPLINARY LIABILITY FOR VIOLATION OF LABOR SAFETY LEGISLATION

Disciplinary responsibility occurs in cases of violation of labor regulations, rules and regulations on labor protection. In accordance with the current labor legislation, for violation of labor discipline, including labor safety standards, the employer may apply the following disciplinary sanctions (Articles 198-204 of the Labor Code of the Republic of Belarus): reprimand, reprimand, severe reprimand, dismissal.

For workers of transport, customs service and other categories with special working conditions, disciplinary liability is established by the Government of the Republic of Belarus (Article 204 of the Labor Code).

ADMINISTRATIVE RESPONSIBILITY FOR VIOLATION OF LABOR SAFETY LEGISLATION

Administrative responsibility expressed in superimposition fine on the guilty official. Officials who have committed violations of labor legislation, labor protection norms and rules are brought to administrative responsibility.

MATERIAL LIABILITY FOR VIOLATION OF LABOR SAFETY LEGISLATION

An employee may be held financially liable if, through his fault, the enterprise (institution) suffered material damage (Article 400 of the Labor Code). When determining the amount of damage, only direct actual damage is taken into account; lost income is not taken into account. The employee who caused the damage may voluntarily compensate for it in whole or in part. With the consent of the tenant, he has the right to transfer equivalent property for compensation for damage or to repair the damaged property.

Material liability- compensation for damage therefore, the possibility of simultaneous disciplinary, administrative or criminal liability cannot be ruled out (Article 408 of the Labor Code).

CRIMINAL LIABILITY FOR VIOLATION OF LABOR SAFETY LEGISLATION

The legislation of the Republic of Belarus provides for increased liability of workers for violation of labor legislation, safety requirements and industrial sanitation, up to and including bringing them to criminal liability. Persons who commit malicious violations are brought to criminal liability, provided that such violations have resulted or could have resulted in accidents, occupational illnesses or other serious consequences.

7. Labor protection for women and youth. Benefits and compensation for working conditions

It is prohibited to use women's labor in heavy work and in work with hazardous working conditions, as well as in underground work, with the exception of some underground work (non-physical work or work on sanitary and consumer services).

The list of heavy work and work with hazardous working conditions, in which the use of women’s labor is prohibited, is periodically reviewed and approved.

By Decree of the Government of the Russian Federation N105 of February 6, 1993, the limit for carrying and moving heavy loads was established for women: constantly during the work shift - 7 kg; when alternating with other work (up to 2 times per hour) - 10 kg.

Permissible amounts of physical activity for pregnant women are established by SanPiN 2.2.0.555-96 " Hygienic requirements to the working conditions of women": lifting and moving heavy objects when alternating with other work (up to 2 times per hour) - 2.5 kg; lifting and moving heavy objects constantly during a work shift - 1.25 kg; total mass of loads moved in for every hour at a distance of up to 5 m (allowed from the working surface) - 60 kg; the total mass of loads moved during an 8-hour work shift (allowed from the working surface) - 480 kg.

There are restrictions on the involvement of women in night work, with the exception of those sectors of the economy where this is caused by a special need and is permitted as a temporary measure.

It is not allowed to be involved in work at night, overtime work and working on weekends and sending pregnant women and women with children under three years of age on business trips.

Involving women with children aged three to fourteen years in overtime work or sending them on business trips is carried out with their consent.

The legislation provides for cases when women have the right to receive additional days of rest.

Pregnant women, in accordance with a medical report, are subject to reduced production standards and service standards, or they are transferred to another job that is easier and eliminates the impact of adverse production factors, while maintaining the average earnings for their previous job.

Women with children under the age of one and a half years, if it is impossible to perform their previous job, are transferred to another job while maintaining the average earnings for their previous job.

It is prohibited to refuse to hire women and reduce their wages for reasons related to pregnancy or the presence of children.

Dismissal of pregnant women and women with children under three years of age (single mothers - if they have a child under fourteen years of age or a disabled child under sixteen years of age) at the initiative of the administration (employer) is not allowed, except in cases of complete liquidation of the enterprise when dismissal with mandatory employment is allowed.

The legislation also provides for benefits related to the adoption of a child, the provision of breaks for feeding a child (up to the age of one and a half years), the provision of additional days of leave (to care for a child) and other benefits.

Youth labor protection

It is prohibited to employ young people under the age of 18 in hard work with harmful or dangerous working conditions. The list of such works has been approved by the Government of the Russian Federation.

Lifting and manually moving cargo constantly during a work shift; for young men, the maximum permissible weight of cargo is 14 years old - 3 kg; 15 years – 3 kg; 16 years old – 4 kg. For girls 14 years old – 2 kg; 15 years – 2 kg; 16 years – 3 kg; 17 years old – 3 kg. Lifting and moving loads manually for no more than 1/3 of the work shift: for young men 1) constantly more than 2 times per hour; 2) when alternating with other work up to 2 times per hour. It is prohibited to employ persons under the age of 18 in work with harmful and (or) dangerous working conditions, in underground work, as well as in work the performance of which may cause harm to their health and moral development. For example: gambling business, work in night cabarets and clubs, production, transportation and trade in alcoholic beverages, tobacco products, narcotic and toxic drugs.

Persons under the age of 18 are hired only after a preliminary compulsory medical examination and subsequently, until they reach the age of 18, are subject to a compulsory medical examination annually.

Employees under the age of 18 are provided with annual paid leave of 31 calendar days at a time convenient for them. It is prohibited to send to business trips, involve in overtime work, with the exception of creative workers, media, cinematography organizations, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance of works, professional

Features of employment of persons under 18 years of age are determined Labor Code RF, other federal laws, collective agreement, agreement.

8. Organization and functions of labor protection services at the village

Organization of work at the enterprise to create healthy and safe conditions labor protection of workers, prevention of accidents and occupational diseases is entrusted to the labor protection service. It is an independent structural unit of the enterprise and reports to its immediate manager or chief engineer, carries out its work together with other divisions of the enterprise and in collaboration with the trade union committee, technical labor inspection and local government supervisory authorities according to a plan approved by the manager or chief engineer of the enterprise.

The Occupational Safety and Health Service, in accordance with the main tasks assigned to it, performs the following functions:

conducts an analysis of the status and causes of industrial injuries and occupational diseases, develops, together with the relevant services, measures to prevent industrial accidents and occupational diseases, and also monitors their implementation;

organizes work to carry out certification of the sanitary and technical condition at workplaces in the divisions of the enterprise;

organizes, together with the relevant services of the enterprise, the dismantling and implementation of a comprehensive plan for improving working conditions, labor protection and sanitary measures, and also participates in the development of labor agreements;

prepares and submits to the management of the enterprise proposals for the development and implementation of more advanced designs, safety devices and other means of protection against hazardous production factors;

participates in the implementation of labor safety standards and scientific developments on labor protection;

carries out, together with the relevant services of the enterprise and with the participation of the trade union activists, inspections (or participates in inspections) of the technical condition of buildings, structures, equipment, the efficiency of ventilation systems, the condition of sanitary devices, sanitary facilities;

controls the correctness of preparation and timely submission of applications for the purchase of work clothes, special equipment and other personal protective equipment, as well as equipment and materials for the implementation of labor protection measures;

provides assistance to enterprise departments in organizing monitoring of the state of the surrounding production environment;

participates in the work of commissions for the commissioning of new and after reconstruction production facilities, equipment and machinery, checking compliance with the requirements to ensure healthy working conditions;

conducts introductory briefings and provides assistance in organizing training for workers on labor protection issues in accordance with GOST 12.0.004-93 and current regulatory documents;

participates in the work of the certification commission and the commission to test specialists’ knowledge of labor protection rules and regulations, safety instructions.

In accordance with the Labor Code of the Russian Federation, the organization of occupational safety in departments is entrusted to their managers. They provide training on labor safety in the workplace. Overall responsibility for organizing labor safety work lies with the head of the enterprise, and in his absence, with the chief engineer. The committees of the trade union of enterprises have commissions on labor protection, and in each subgroup a public inspector on labor protection is elected. Labor protection commissions organize and conduct public reviews on labor protection and production culture, take part in the preparation of draft agreements on labor protection between the administration and the trade union organization, and monitor the administration’s implementation of these agreements and labor legislation. Public inspectors of departments monitor labor protection directly at workplaces. Senior Community Inspectors are involved in the investigation and documentation of industrial accidents.