Job responsibilities of the leading labor protection engineer. Occupational safety: what is important for an employer to know? Other sections of the job description of a labor protection specialist
What functions of a labor protection specialist are provided for by law? What responsibilities do they include? The corresponding list is in our review.
Source
Almost all functions of a labor safety engineer at an enterprise are listed in Order No. 524n of the Russian Ministry of Labor dated August 4, 2014. They established a professional standard called “Specialist in the field of occupational safety and health.” Please note that the latest edition of this professional standard is dated January 28, 2017.
Let us recall that the functions of a labor protection specialist at an enterprise must first of all be defined in the employment contract with him, as well as job description in this specialty.
In general, the functions of an occupational safety engineer at an enterprise are reduced to planning, organizing, monitoring and improving occupational safety management. And the final tasks are as follows:
- prevention of accidents at work and occupational illnesses;
- reducing and eliminating the impact of harmful and/or hazardous production factors on personnel;
- minimizing professional risks.
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| Key Features occupational safety specialist | ||
|---|---|---|
| № | Function | Basic labor functions of a labor protection specialist |
| 1 | Introduction and ensuring the functioning of the occupational safety and health management system (OSMS) | Regulatory support of the occupational safety management system Organization of personnel training in the field of labor protection Collection, processing and transmission of materials on the subject of labor conditions and safety Ensuring the minimization of professional risks taking into account working conditions |
| 2 | Monitoring the operation of the occupational safety management system | Security: Monitoring compliance with labor protection requirements; |
| 3 | Planning, development and improvement of the occupational safety management system | Determining the general policy (goals and objectives), occupational safety management processes and assessing the effectiveness of the management system Distribution of powers, responsibilities, duties on labor protection issues and justification for staffing |
He plays an important role in the enterprise and is also entrusted with considerable responsibility, both for the entire organization and for individual sections. People with a heightened sense of responsibility should be appointed to this position, and only then will order be ensured in the production of products.
Requirements for the position of occupational safety engineer
People usually become occupational safety engineers due to the prevailing circumstances. This area of activity requires a reverent attitude to work, hence a number of tips for the manager on choosing a candidate:
- If an HSE specialist should come from another organization, then it is worth asking about his work and the attitude of his superiors towards him labor activity.
- It is not advisable to hire an employee about whom much is not known.
- You can make a choice in favor of an employee who is already on the payroll, at least the aspects characterizing him are clear.
If there is a need to hire an employee from outside, then it is necessary to establish. According to the law, such time should not exceed 3 months. Selecting a candidate may take a lot of time, but it is worth it.
The requirements for this as set out in the job description:
- The employee must have a higher technical education or specialized secondary education.
- If you have more than 3 years of work experience, by decision of the manager, category II may be assigned.
- If you have 3 years of experience as a specialist of category II or more, assignment to category I is possible.
- If a category I specialist has 3 years of experience, based on a management decision, the employee is assigned the qualification of a leading specialist.
It refers to general situation affairs and is reflected in the job description.
General requirements for drawing up job descriptions
- For the correctness of the actions given to him by the powers.
- If they suffered material damage, then civil, criminal or labor laws regulate this process.
- In case of improper performance of one’s duties, or untimely performance, as well as failure to perform them at all, liability is established within the limits of the law and depending on what happened.
In general, the level of responsibility is regulated by the legislative framework.
It is a mistake to think that working as a labor protection engineer is easy and you don’t need to do anything. This work requires special attention and mobility.
- Ensure control over the preparation of orders on labor protection and industrial safety.
- Be sure to keep track of everything technological equipment was assigned to responsible persons. If there is none, then responsibility automatically switches to the manager, that is, during inspections, emergencies or incidents, the boss will be personally responsible for the mistake, and he is unlikely to like this.
- To control the process, you can prepare a list of workers in advance. Indicate whether the training was completed or not due to the employee being on sick leave, on vacation, or without a valid reason. This way, it will be possible to accurately track which employees have completed periodic training and who have not.
- To track the technical examination and examination of industrial safety of technical devices, you can prepare in advance a schedule for conducting these inspections, which can be updated every year.
- The operating efficiency of ventilation units is checked annually, so it is better to keep this area under control. The air quality in the work area depends on this. Based on the results of the checks, there should be a record in the device passport.
- Control over the periodic certification of workers and engineers is ensured by the development of a schedule that must be monitored monthly.
- In order to avoid any questions regarding what area it is necessary to certify employees, it is necessary to consider what types of activities they are engaged in at work, and if necessary, you can involve their managers.
- Medical examinations cannot be ignored. It is imperative to participate or independently prepare lists of workers subject to medical examination. It is better to attend this event in person. Why is this necessary?
The occupational safety engineer should be interested in ensuring that everyone undergoes a medical examination; if clarification of the diagnosis is required, then it is necessary to ensure that his employee also undergoes it. Based on the results of a medical examination, specialists may make a decision about the presence of an occupational disease, and the employer is unlikely to like this factor, so it is best to interact with employees and doctors on any issue.
This list can be expanded and built on the experience of OT engineers.
A labor protection position must be introduced into the staff when the number of workers exceeds 50 people. If the total number of employees is less than 50, then you can conclude an agreement with an employee who has the right to engage in this type of activity.
- Along with performing production tasks, it is necessary to pay attention to safety when performing them. If this direction is ignored, then the number of injuries will only increase, which will not lead to anything good.
- The instructions and comments issued by the safety engineer should be responded to, they contribute to some degree of protection of management from possible problems.
- Careful selection of a candidate for safety engineer will bring only advantages to the enterprise.
The employer must ensure trouble-free operation of the equipment, thereby reducing the risk of injury.
The video will tell you when criminal liability arises for violations of labor protection requirements:
Form for receiving a question, write yours
" № 11/2017
Should every company have a full-time occupational safety specialist? Can the corresponding responsibilities be assigned to another employee on a part-time basis? In what case is it possible to assign the duties of a labor protection specialist to other employees on a part-time basis? What requirements must employees who are assigned additional work meet?
Violation by the employer of state regulatory requirements for labor protection contained in federal laws and other regulatory legal acts of the Russian Federation, threatens the organization with a fine of up to 80,000 rubles. And the conversation is about this: every company must organize work on labor protection, that is, there must be responsible persons. In small companies (up to 50 people), it is not necessary to allocate a separate employee for this. But how then to comply with the requirements of the Labor Code?
Specialist or service?
According to Art. 209 of the Labor Code of the Russian Federation, labor protection is a system for preserving the life and health of workers in the process of work, which includes legal, socio-economic, organizational and technical, sanitary and hygienic, treatment and preventive, rehabilitation and other measures. For the system to work, it is necessary to build a whole complex of interconnected and interacting elements that establish policies and goals in the field of labor protection for a particular employer and procedures for achieving these goals. Typically, an occupational safety and health management system is developed for this purpose.
According to Art. 212 of the Labor Code of the Russian Federation, the responsibility for ensuring safe conditions and labor protection rests with the employer.
Article 217 of the Labor Code of the Russian Federation says that in order to ensure compliance with labor protection requirements, control their implementation, each employer that carries out production activities and whose number of employees exceeds 50 people, creates a labor protection service or introduces the position of a labor protection specialist with appropriate training or experience in this area. This is a general requirement; it also applies to those who produce intangible goods, for example, provide services. The Ministry of Labor in Letter dated June 10, 2016 No. 15-2/OOG-2136 drew attention to this.
An employer whose number of employees does not exceed 50 people decides to create an occupational safety service or introduce the position of an occupational safety specialist, taking into account the specifics of its production activities. That is, the company is not obliged to hire an employee for the position of occupational safety specialist for whom this work will be the main one.
For your information:
If the employer does not have a labor protection service or a full-time labor protection specialist, their functions are performed by the employer - an individual entrepreneur (personally), the head of the organization, or another employee authorized by the employer. In addition, the employer has the right to conclude a civil contract with an organization or specialist providing services in the field of labor protection.
Even if it is necessary to introduce the position of occupational safety specialist (the number of the company is more than 50 people), the Labor Code does not require the allocation of a separate employee - the occupational safety specialist will not necessarily be an employee for whom this work will become the main one. This means that the specialist’s responsibilities can be distributed among other company employees or entrusted to one person if their qualifications meet the requirements of the law.
Who will we entrust the duties of a labor protection specialist to?
Let’s say right away: it doesn’t matter what position an employee holds according to the staffing table. If he has the appropriate training and experience, he can easily be entrusted with labor protection work in the organization.
Order of the Ministry of Labor of the Russian Federation dated August 4, 2014 No. 524n approved the professional standard of a labor protection specialist. According to its requirements, an employee performing labor protection functions in a company must have a higher education in the field of training “Technosphere Safety” or relevant areas of training (specialties) in ensuring the safety of production activities. If profile higher education no, the employee must undergo professional retraining in this area.
If the employer has hazardous production facilities, the employee must undergo appropriate training and certification in the field of industrial safety.
The functions of a labor protection specialist can also be performed by an employee with secondary vocational education if he has undergone retraining in the field of labor protection and has at least three years of work experience in this field.
That is, a personnel officer or any other specialist can perform the functions of a labor protection specialist, subject to higher education or retraining in this area. If the candidate in question has an average professional education and there is no experience in labor protection, then it is impossible to entrust him with labor protection work.
Options for assigning the functions of a labor protection specialist.
Let's look at two options depending on the size of the company.
The number of employees is more than 50 people.
The employer's options vary depending on whether there is a position of occupational safety specialist on the staff list or not.
1. Part-time work. If there is a position, you can conclude about part-time work (Article 60.1 of the Labor Code of the Russian Federation). Let us remind you that - the employee performs other regular paid work under the terms of an employment contract in his free time from the main job with the same employer (internal part-time job) and (or) with another employer (external part-time job). The employment contract must indicate that the job is part-time.
In this case, an internal part-time contract is drawn up. It must specify the labor protection responsibilities that the employee will perform, or contain a link to the job description.
If desired, you can set the validity period of such an agreement or not limit it. But keep in mind: you cannot terminate a fixed-term contract under Art. 288 of the Labor Code of the Russian Federation, when you decide to hire a key employee for the position of occupational safety specialist.
2. Combination. According to the rules of Art. 60.2 of the Labor Code of the Russian Federation, with the written consent of the employee, he may be entrusted with performing, during the established duration of the working day (shift), along with the work specified in the employment contract, additional work in a different or the same profession (position) for an additional fee. The assigned additional work can be carried out by combining professions (positions).
When combining professions (positions), an additional payment is made to the employee. Its size is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work (Article 151 of the Labor Code of the Russian Federation).
The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee by concluding an agreement. He has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule, notifying the other party in writing no later than three working days in advance.
If you feel that one employee cannot cope, you can distribute the functions of an occupational safety specialist among several employees. In this case, you will have to enter into an agreement on assigning additional work with everyone. We give an example of an agreement on page .
Based on the concluded agreement, issue an order for combination (see page 65).
If there is no position of occupational safety specialist in the staffing table, you will have to introduce it, since Part 1 of Art. 217 of the Labor Code of the Russian Federation clearly speaks of the introduction of such a position in or the creation of an entire service.
The number of employees is less than 50 people.
In this case, you should also look at the staffing table. If the position of occupational safety specialist is present, it is possible to conclude with the company employee either an employment contract on part-time work, or an agreement on combining functions for this position.
Additional Agreement No. 1
to the employment contract dated 10.10.2012 No. 21
Limited Liability Company "Romashka" (LLC "Romashka"), hereinafter referred to as the Employer, represented by director Ivan Ivanovich Ivanov, acting on the basis of the charter and employment contract dated 02/14/2010, on the one hand, and HR specialist Anna Petrovna Petrova, hereinafter referred to as the Employee, on the other hand, have entered into an agreement as follows:
1. From October 23, 2017, the employee performs additional work in order to combine the position of a labor protection specialist.
2. The employee performs job duties in the amount of 40% of the work, a certain job description of a labor protection specialist, approved by order of Romashka LLC dated January 14, 2016 No. 05/01:
2.1. Conducts introductory briefings on labor protection, coordinates initial, periodic, unscheduled and targeted briefings, provides training for managers and labor protection specialists, and trains workers in methods and techniques for providing first aid to victims at work.
2.2. Monitors the training of workers in safe labor methods and techniques, occupational safety briefings and internships in accordance with regulatory requirements.
2.3. Tests employees' knowledge of labor protection requirements.
3. For combining the position of occupational safety specialist, the Employee receives a monthly additional payment in the amount of 10,000 (ten thousand) rubles.
4. The agreement may be terminated after three working days from the date of the Employee’s written warning to the Employer or the Employer’s written notification to the Employee of the termination of additional work.
Employer: Employee:
LLC "Romashka" A. P. Petrova
Director I. I. Ivanov Ivanov, 10/19/2017 Petrova, 10/19/2017
I received a copy of the agreement. Petrova, 10.19.2017 A. P. Petrova
Limited Liability Company "Romashka"
(Romashka LLC)
10/19/2017 Kirov
ORDER No. 108-k on combining positions
Since October 23, 2017, HR department specialist Anna Petrovna Petrova has been performing the duties of a labor protection specialist in the order of combining positions in the amount of 40% of the work with a monthly additional payment of 10,000 (ten thousand) rubles.
Reason: additional agreement dated October 19, 2017 No. 1 to the employment contract dated October 10, 2012 No. 21.
Director Ivanov I. I. Ivanov
I have read the order:
HR specialist Petrova, 10/19/2017 A. P. Petrova
What if there is no position? This is where difficulties arise. Many experts believe that in this case it is possible to conclude a combination agreement. At the same time, they say: although combination implies the presence of a vacant position, the case with the functions of a labor protection specialist is an exception.
On the one hand, indeed, according to Part 3 of Art. 217 of the Labor Code of the Russian Federation, if the employer does not have a full-time occupational safety specialist, their functions are performed by the employer - an individual entrepreneur (personally), the head of an organization, another employee authorized by the employer, or an organization or specialist providing services in the field of occupational safety and health, engaged by the employer under a civil law contract. That is, the norm of the law does not contain an imperative requirement requiring a full-time position of an employee of the labor protection service; only the requirement to organize labor protection, which can be implemented, is imperative different ways. The courts also come to this conclusion (see, for example, the Appeal Ruling of the Supreme Court of the Chuvash Republic dated October 26, 2015 in case No. 33-4656/2015).
However, we believe that combining positions in this case is out of the question, since combining positions involves performing additional work in another profession or position. It is assumed that if the position is not included in the staffing table, and there is nothing to combine. This is confirmed by judicial practice. For example, by the appeal ruling of the Saratov Regional Court dated 03/03/2016 in case No. 33-1423/2016, the employee was refused to collect payment for combined work, since the organization’s staffing table did not contain a position for which the employee required additional payment for combined work. And the Sverdlovsk Regional Court in the Appeal ruling dated September 2, 2016 in case No. 33-14461/2016 directly stated: combining positions (professions) implies performing, along with the work specified in the employment contract, additional work in the same profession (position) or in another profession (position) provided for by the organization’s staffing table.
In addition, the issue of the possibility of registering a dual position for a company employee as a labor protection specialist if it is not included in the staffing table was considered by Rostrud specialists on the website Onlineinspektsiya.rf. In particular, experts pointed out that concluding an additional agreement on combining with a position not provided for in the staffing table is impossible. However, they did not explain how to register additional work in this case in accordance with labor legislation.
We believe that if there is no position of occupational safety specialist in the staffing table, it must be added to it and only after that the combination must be formalized. Another option is to conclude a civil contract for the provision of services in the field of labor protection.
Question:
How to authorize an employee of an organization to perform labor safety functions in the absence of a labor safety specialist position in the staffing table?
With the consent of the employee, he can be appointed responsible for labor protection in the organization by issuing an appropriate order. Then changes should be made to the employee’s job description, supplementing it with the job responsibilities of the person responsible for labor protection. Without the consent of the employee, additional work cannot be assigned to him. This is stated in Art. 60 of the Labor Code of the Russian Federation: it is prohibited to require an employee to perform work not stipulated by an employment contract, except for cases provided for by the Labor Code of the Russian Federation and other federal laws.
As the employee’s functions increase, his salary should increase.
Let's summarize: if the company does not have a labor protection specialist, but such a position is present in the staffing table, labor protection responsibilities can be entrusted to any of the employees who have the necessary training, in the order of combining positions or part-time work. In the first case, an agreement is drawn up and an order for combination is issued, in the second - a employment contract about internal part-time work.
If there is no position in the staffing table, you can attract a labor protection specialist under a civil contract or entrust the work on labor protection to an employee with special training. Then it is necessary to make changes to the job description and issue an order assigning labor protection responsibilities.
Labor safety engineer should be in any enterprise. This specialist monitors compliance with labor safety rules and regulations. Most of his work is related to the preparation of internal labor regulations, instructions for fire safety, labor protection instructions for each position. The occupational safety engineer is also responsible for compliance with workplace safety standards. We present you a sample job description of a labor protection engineer.
Job description of a labor protection engineer
I APPROVED
CEO
Last name I.O.________________
"________"_____________ ____ G.
1. General Provisions
1.1. A labor protection engineer belongs to the category of specialists.
1.2. A labor safety engineer is appointed to the position and dismissed from it by order of the head of the company.
1.3. The occupational safety engineer reports directly to the head of the company.
1.4. During the absence of a labor safety engineer, his rights and duties are performed by a person appointed in the prescribed manner.
1.5. A person with a higher professional (technical) education and work experience in labor protection in engineering, technical and managerial positions for at least 1 year is appointed to the position of labor protection engineer.
1.6. The occupational safety engineer must know:
- legislative and regulatory legal acts, methodological materials on labor protection issues;
- production and organizational structure enterprises;
- basic technological processes and production modes;
- equipment of the enterprise and principles of its operation;
- methods for studying working conditions in the workplace;
- organization of work on labor protection;
- system of labor safety standards;
- psychophysiological requirements for workers, based on the category of severity of work, restrictions on the use of labor of women, adolescents, workers transferred to light work;
- rules and controls for compliance technical condition equipment requirements for safe work performance;
- procedure for conducting accident investigations;
- advanced domestic and Foreign experience in the field of labor protection;
- methods and forms of propaganda and information on labor protection;
- the procedure and timing of reporting on the implementation of labor protection measures;
- basics of economics, organization of production, labor and management;
- basics of labor legislation.
1.7. The occupational safety engineer is guided in his activities by:
- legislation, regulatory legal acts, as well as local acts and organizational and administrative documents of the organization (company), regulating personnel work, the activities of the service and department;
- Company Charter, Internal Labor Regulations;
- rules of labor protection and safety, ensuring industrial sanitation and fire protection;
- orders and instructions from management;
- this job description.
2. Job responsibilities of a labor protection engineer
The occupational safety engineer performs the following job responsibilities:
2.1. Monitors compliance in the company's structural divisions with legislative and regulatory legal acts on labor protection, carrying out preventive work to prevent industrial injuries, occupational and production-related diseases, measures to create healthy and safe working conditions at the enterprise; for providing employees with established benefits and compensation for working conditions.
2.2. Organizes the study of working conditions at workplaces, measures the parameters of dangerous and harmful production factors, certification and certification of workplaces and production equipment for compliance with labor protection requirements, monitors the timeliness of planned activities.
2.3. Participates in the review of accidents and the development of measures to prevent them.
2.4. Informs employees on behalf of the employer about the state of working conditions in the workplace, as well as about measures taken to protect against dangerous and harmful production factors, ensures the preparation of documents for the payment of compensation for harm caused to the health of employees as a result of an industrial accident or occupational disease.
2.5. Organizes inspections and surveys of the technical condition of buildings, structures, equipment, machines and mechanisms for compliance with the requirements of regulatory legal acts on labor protection, the efficiency of ventilation systems, the condition of sanitary equipment, sanitary facilities, collective and individual protective equipment for workers, controls the timeliness of their implementation.
2.6. Prepares and makes proposals for the development and implementation of more advanced designs of fencing equipment, safety and locking devices, and other means of protection from the effects of hazardous and harmful production factors, the development and implementation of measures to create safe and healthy working conditions, rational work and rest regimes.
2.7. Participates in the preparation of the “Occupational Safety and Health” section of the collective agreement, monitors its implementation, as well as compliance with the instructions of state supervision and control bodies, and other measures to improve working conditions.
2.8. Participates in the coordination of design documentation developed in the company, in the work of commissions for the acceptance into operation of completed construction or reconstructed production facilities, for the acceptance of installations, units and other equipment from repair in terms of compliance with the requirements of regulatory legal acts on labor protection.
2.9. Renders methodological assistance heads of company departments in compiling lists of professions and positions, according to which employees must undergo mandatory preliminary and periodic medical examinations, as well as lists of professions and positions, according to which, on the basis of current legislation, workers are provided with compensation and benefits for difficult, harmful or dangerous working conditions; when developing and revising occupational safety instructions and enterprise standards for occupational safety.
2.10. Provides introductory and repeated briefings, training and testing of knowledge on labor protection of enterprise employees.
2.11. Brings to the attention of company employees new legislative and regulatory legal acts on labor protection that are being introduced, organizes the storage of labor protection documentation, and compilation of reporting on established forms and in accordance with the deadlines established by regulatory legal acts on labor protection.
2.12. Communicates with medical institutions, research and other organizations on occupational safety issues and takes measures to implement their recommendations.
3. Rights of a labor protection engineer
A labor protection engineer has the right:
3.1. Request and receive necessary materials and documents related to the activities of the labor protection department.
3.2. Enter into relationships with departments of third-party institutions and organizations to resolve operational issues of production activities that are within the competence of the head of the labor protection department.
3.3. Represent the interests of the company in third-party organizations on issues related to the production activities of the department.
4. Responsibility of the occupational safety engineer
The occupational safety engineer is responsible for:
4.1. Failure to carry out or improperly carry out official instructions from the immediate supervisor.
4.2. Failure to perform or improper performance of one's job functions and assigned tasks. 4.3. Illegal use of granted official powers, as well as their use for personal purposes. 4.4. Inaccurate information about the status of the work assigned to him. 4.5. Failure to take measures to suppress identified violations of safety regulations, fire safety and other rules that pose a threat to the activities of the enterprise and its employees. 4.6. Failure to ensure compliance with labor discipline. 4.7. Offenses committed in the course of carrying out their activities - within the limits determined by the current administrative, criminal and civil legislation of the Russian Federation. 4.8. Causing material damage and/or losses to the company or third parties associated with actions or inactions during the performance of official duties.
