Regulations on the Labor Safety Commission - sample for 2022

Why is a labor safety commission created in an organization?

The creation of a labor safety commission is a procedure regulated by Art.
218 Labor Code of the Russian Federation. This commission can be formed voluntarily at the initiative of the employer, employees or trade union. The corresponding internal corporate structure is designed to coordinate the joint actions of the employer company and employees aimed at ensuring the requirements of legislation in the field of labor protection, as well as the prevention of injuries at work and occupational diseases.

In addition, the commission checks the conditions in which employees work, and also informs them about the results of these checks. Another task of the labor protection committee (commission) is to collect proposals for the inclusion of certain standards in the collective agreement.

What occupational safety responsibilities an employer has are described in the ConsultantPlus HR guide. You can get acquainted with the employer’s algorithm of actions if you sign up for a free trial access to K+.

Who is on the commission?

The creation of a labor protection commission is regulated by labor legislation. Article 218 of the Labor Code states that the initiator can be:

the employer himself;
employees of the organization;
representatives of a trade union or other representative body of the team.

Therefore, it must include representatives of the organization’s workforce, its management team and the trade union committee. Its number depends on the number of employees in the organization, as well as the structural units of the company and its other features.

As a rule, the head of the organization is elected as the chairman of the commission, and an employee of the labor protection service is appointed as the secretary. All its members must undergo appropriate training at least once every 3 years. They perform their duties during working hours and are paid in the usual manner.

Section 1: General Provisions

This section of the regulations on the labor safety commission includes language reflecting:

that the regulation approved by the management of the employing company regulates the tasks, functions, and rights of the labor protection commission;
that the committee created by the employer is an element of the occupational safety management system at the enterprise, as well as one of the internal corporate forms of employee participation in ensuring the operation of this system;
that the committee created by the employer is designed to function on the basis of the principles of social partnership;
that the commission interacts with regional authorities on labor protection issues, state supervisory authorities, as well as with competent trade union structures;
that the commission in its work is guided by the provisions of legal acts at the federal and regional levels, industry and other agreements, local regulatory sources, and a collective agreement.
that the commission is formed at the initiative of the employer company, employees or trade union, and its composition is represented by employees of the company and the trade union on a parity basis;
how the size of the commission is determined, and how representatives of the employer, employees or trade union are appointed to its composition;
the procedure for electing the chairman of the commission, his deputy, and the secretary of the commission;
that the commission operates in accordance with the established regulations, as well as the plan, which are approved by the chairman;
that commission members are required to undergo required employer-sponsored safety training;
the procedure for reporting by the commission to a trade union or other competent organization about the work done;
the procedure for changing representatives of the trade union and the employer on the commission.

Order

The members of the commission are elected from among management and working employees. After electing candidates for the role of committee representatives, the head of the enterprise issues an order to create a committee .

Such a document is administrative. It states the following points:

Business name;
name of the locality;
Date of preparation;
approved members of the commission indicating their positions;
signature of the head and participants of the newly formed committee.

The order to create a committee is drawn up in the form accepted at the enterprise , or arbitrarily. There is no specific standard for writing and formatting a document.

Sample order for creating a committee:

Section 2: Tasks of the Commission

The main tasks of the labor protection commission, which must be reflected in the regulations:

development of scenarios for joint actions of the employer company, trade union and other competent structures that are aimed at ensuring the requirements established in labor protection laws, preventing industrial injuries and occupational diseases;
carrying out inspections of workplaces in the company, preparing analytical reports based on the results of relevant activities, sending proposals to the employer to optimize working conditions;
interaction with the labor protection service established by the company in matters of informing employees about working conditions and safety, health risks, legally guaranteed compensation for work in harmful and dangerous conditions, and the use of personal protective equipment.

Committee tasks

The tasks of the committee are:

development of a program of joint actions of the employer, employees, trade unions and (or) other authorized representative bodies of workers (if there are such representative bodies) to ensure safe working conditions and compliance with labor protection requirements;
participation in the development of local regulations of the employer on labor protection;
participation in organizing control over the state of working conditions in the workplace, as well as over the correct use of personal and collective protective equipment by employees;
carrying out inspections of conditions and labor protection at workplaces;
participation in conducting a special assessment of working conditions in accordance with the legislation on special assessment of working conditions;
participation in occupational risk assessment;
preparation and submission to the employer of appropriate proposals for solving labor protection problems based on an analysis of the state of conditions and labor protection, industrial injuries and occupational morbidity;
participation in informing workers about the state of labor conditions and safety in the workplace, the existing risk of damage to health, and their responsibilities to comply with labor safety requirements.

They are listed in Article 224 of the Labor Code (will be in effect from March 1, 2022).

Similar tasks are approved in the approximate regulations on the labor protection committee (commission).

Section 3: Commission functions

The Ministry of Labor prescribes the following functions for the labor protection commission:

studying proposals from the employer, employees or trade union to formulate recommendations for improving working conditions at the enterprise;
assistance to the employing company in organizing occupational safety training and conducting briefings;
participation in inspections of employee working conditions, development of recommendations for their improvement;
providing employees with information about measures aimed at improving working conditions, preventing injuries at work, and occupational diseases;
providing employees with information about the results of a special assessment of working conditions;
providing employees with information about the standards for the supply of neutralizing substances, protective clothing, footwear, protective equipment, as well as their use;
assistance to the occupational safety service in conducting medical examinations when hiring employees;
assistance in providing employees with free milk and other food products required when working in hazardous conditions;
assistance to the occupational safety service in considering aspects of financing activities in the field of occupational safety, implementing social insurance for employees, exercising control over the expenditure of corporate funds spent on the prevention of injuries at work and occupational diseases;
assistance to the occupational safety service in improving production infrastructure, updating equipment on production lines in order to improve the safety of working conditions, as well as reduce working positions with hazardous working conditions;
formation and submission to the employing company of proposals regarding the improvement of algorithms for carrying out work on labor protection and protection of the health of employees, the creation of mechanisms for rewarding employees who comply with labor safety requirements;
formation and submission to the employer, trade union or other competent body of proposals regarding the preparation of draft local sources of standards in the field of labor protection.

Model regulations on the committee. Work plan. Participation in testing knowledge on labor protection

It should be noted that the order on the appointment of a labor safety commission mentions the provision on the creation of a labor safety commission. It is developed by the administration on the basis of a standard document (approved by order 412n) taking into account the specifics of the enterprise’s activities.

Every year the committee draws up a work plan, which includes the necessary activities that the commission has the right to carry out. In particular, the committee is authorized to:

Request and receive from the labor protection service information about working conditions at the enterprise, hazardous factors to health and measures to neutralize them.
Invite the administration to its meetings, listen to the opinions of its representatives on issues of ensuring labor safety and compliance with guarantees and rights of workers.
Analyze cases of injury and recommend measures to be taken against the offenders.
Participate in resolving labor disputes related to labor protection.

A separate point should be mentioned that, by virtue of para. 2 clause 10.8 of GOST 12.0.004-2015, which came into force on 03/01/2017, committee members can participate in the commission for testing knowledge on labor protection.

Based on the results of its activities, the committee reports at least once a year to the workers of the organization or their elected (representative) body. If the results are unsatisfactory, the question may arise about the re-election of commission members representing employees.

Section 4: Commission Rights

In the internal corporate regulations on the labor safety commission, the Ministry of Labor also requires that its rights, presented in the following list, be recorded:

the right to receive information from the labor safety service about conditions in the workplace, the prevention of injuries at work and occupational diseases, the presence of dangerous and harmful factors and measures to respond to them;
the right to get acquainted with information from company representatives on labor protection issues at commission meetings;
the right at commission meetings to get acquainted with information about violations of labor safety standards committed by employees, as well as to make proposals for responding to them;
the right to participate in the formation of a collective agreement on labor safety;
the right to submit proposals to the employer to reward employees for helping to improve working conditions;
the right to assistance in resolving labor disputes in those areas regulated by labor safety legislation.

Legislative regulation

Until 2006, the organization of labor protection committees was regulated by the Federal Law of July 17, 1999 “On the Fundamentals of Labor Safety in the Russian Federation.” In 2006, legislative changes occurred. Currently, the work of the committee is determined by:

Labor Code of the Russian Federation (Article 218);
Resolution of the Ministry of Labor of the Russian Federation No. 64 (dated October 12, 1994);
Order of the Ministry of Health and Social Development No. 413 (dated May 29, 2006).

The listed documents precisely describe the procedure for the creation and all aspects of the functioning of labor protection committees.

Results

The establishment of a labor safety commission is carried out at the initiative of the employer, employees or trade union. The activities of this commission must be regulated by a special regulation drawn up in a form approved by the Ministry of Labor of the Russian Federation.

You can get acquainted with the specifics of other tasks in the field of labor protection in the articles:

“How introductory briefing on labor protection is carried out”;
“Frequency of testing knowledge on labor protection (nuances).”

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Main conclusions

During everyday work, an employee repeatedly faces difficulties that can often lead to harm to his own health or to his colleagues. In order to prevent and prevent such cases at the enterprise, it is necessary to have a “baggage” of knowledge and skills that can only be obtained in the process of training and consolidation of knowledge by taking an occupational safety exam.

That is, the employee is primarily interested in successfully completing occupational safety training, since it is necessary to ensure his own safety.

I wish you efficient and safe work!

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Structure and strength of the labor protection service

When determining the structure of the labor protection service and the number of its employees, the employer should be guided by:

Recommendations for organizing the work of the Labor Safety Service in an organization, approved by Resolution of the Ministry of Labor of Russia dated 02/08/2000 No. 14 (hereinafter referred to as the Recommendations);
Inter-industry standards for the number of occupational safety and health workers in organizations, approved by Resolution of the Ministry of Labor of Russia dated January 22, 2001 No. 10 (hereinafter referred to as Inter-industry standards).

Based on the Recommendations, in organizations carrying out production activities, Regulations on the labor protection service are being developed, taking into account the specifics of their organizational and legal forms (letters of the Ministry of Labor of Russia dated December 26, 2016 No. 15-2/OOG-4698, dated January 30, 2017 No. 15-2 /OOG-222).

When is it necessary to create a labor protection service?

The issues of creating and organizing the activities of the labor protection service are regulated by Art. 217 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), Recommendations for organizing the work of the Labor Safety Service in an organization, approved by Resolution of the Ministry of Labor of Russia dated 02/08/2000 No. 14 (hereinafter referred to as the Recommendations), as well as other regulations and documents of a recommendatory nature.

Employers (organizations, individual entrepreneurs) are required to create a labor protection service or introduce a labor protection specialist position into the staffing table if the following conditions are met (Part 1 of Article 217 of the Labor Code of the Russian Federation):

the number of employees exceeds 50 people;
the employer conducts production activities.

For your information

Production activity is understood as a set of actions of workers using the means of labor necessary to transform resources into finished products. Such activities include the production and processing of various types of raw materials, construction, and the provision of various types of services (Part 9 of Article 209 of the Labor Code of the Russian Federation).

Production activities are carried out in various forms, in different sectors of the economy, by individuals and legal entities (organizations). This is an activity for the production of not only material, but also intangible goods, the provision of various services in all areas (see the All-Russian classifier of products by type of economic activity, approved by Order of Rosstandart dated January 31, 2014 No. 14-st).

Organizations that are not engaged in production, but provide services, believe that the norms of Part 1 of Art. 217 of the Labor Code of the Russian Federation does not apply to them. However, it is not. According to the clarifications of the Russian Ministry of Labor, these standards fully apply to organizations providing various types of services. Therefore, organizations that provide services are required to create an occupational safety service or introduce the position of an occupational safety specialist into the staffing table (letter of the Ministry of Labor of Russia dated June 10, 2016 No. 15-2/OOG-2136).

An employer whose number of employees does not exceed 50 people can create a labor protection service or introduce the position of a labor protection specialist, depending on the specifics of its production activities (Part 2 of Article 217 of the Labor Code of the Russian Federation).

According to Part 3 of Art. 217 of the Labor Code of the Russian Federation, if the employer does not have a labor protection service or a full-time labor protection specialist, their functions are performed by:

employer - individual entrepreneur (personally);
Head of the organization;
another employee authorized by the employer;
a third-party organization or specialist providing services in the field of labor protection, engaged by the employer under a civil contract.

An agreement on the performance of the functions of the labor protection service can be drawn up on the basis of the approximate form given in the appendix to the letter of the Ministry of Labor of Russia dated November 16, 1994 No. 2207-KV.

Note!

Only accredited organizations can provide services in the field of labor protection. The rules for accreditation of organizations providing services in the field of labor protection are approved by Order of the Ministry of Health and Social Development of Russia dated April 1, 2010 No. 205n.

Norms part 3 art. 217 of the Labor Code of the Russian Federation applies only to employers whose number of employees does not exceed 50 people.

If the number of employees exceeds 50 people, the employer is obliged to create a labor protection service or introduce into the staffing table the position of labor protection specialist , who is entrusted with the functions of organizing labor protection work in the organization (letter of the Ministry of Labor of Russia dated November 11, 2016 No. 15-2/B -3673). Be guided by the norms of Part 3 of Art. 217 of the Labor Code of the Russian Federation in this case is impossible!

Thus, any employer, including small and micro-enterprises and individual entrepreneurs, must have persons authorized to deal with labor safety issues.

If the employer does not have a labor protection service or a labor protection specialist and no one performs their functions, he may be held liable for violating labor protection legislation under Art. 5.27.1 Code of Administrative Offenses of the Russian Federation.

For example, the absence of a full-time occupational safety specialist in an organization with more than 50 employees is a violation of the requirements of Part 1 of Art. 217 Labor Code of the Russian Federation. This may serve as a basis for bringing officials and organizations to administrative liability (letter of the Ministry of Labor of Russia dated December 26, 2016 No. 15-2/OOG-4698).