What is the program for?
The head of an enterprise or organization is obliged to create an optimal and safe working environment (Article 163 of the Labor Code of the Russian Federation).
The occupational safety and health action plan for 2022 is a mandatory regulatory document for any organization if the costs of occupational safety and health are significant and there is an intention to reimburse them to the Social Insurance Fund. Having the document will allow you to reduce insurance premiums for occupational injuries in the Social Insurance Fund. A reduction is possible by the amount of funding for measures to improve conditions and reduce accidents at work. Every year, before August 1, a company can submit an application to the Social Insurance Fund in any form. The procedure for reimbursement of costs for improving working conditions is regulated by the Rules for financial support of preventive measures to reduce industrial injuries and occupational diseases of workers and sanatorium and resort treatment of workers engaged in work with harmful or dangerous production factors (annex to the Order of the Ministry of Labor and Social Protection of the Russian Federation dated December 10, 2012 No. 580n). The program for improving working conditions for the current year will be the main document for the return of contributions for injuries for the previous year. You can return up to 20% of the funds actually transferred. The list of additional documents is determined by the same Order depending on the activities for which the costs will be reimbursed.
Who determines the list of occupational safety measures in the organization
If the organization employs more than 50 people, the employer must create a labor protection service or introduce the position of a specialist who has training and experience in this field (Article 217 of the Labor Code of the Russian Federation). The appointment is made by order of the head.
With a smaller number of employees (50 or less), the labor protection service (or corresponding position) is created taking into account the specifics of the organization’s activities. The duties of an occupational safety specialist can be performed by both the manager and a third-party specialist of an accredited organization engaged by the employer under a contract.
Those responsible for labor protection must develop an action plan to improve working conditions and labor protection, including in it the measures from the Order of the Ministry of Health and Social Development of March 1, 2012 No. 181n, taking into account the specifics of work activity and the possibility of implementing the measures.
The plan is usually drawn up for a calendar year; it is approved by the head of the organization as a separate document or an appendix to the collective agreement.
What legal acts establish the requirements?
The development of a plan for improving working conditions is regulated by the following laws and regulations:
- Labor Code of the Russian Federation, Federal Law No. 197-FZ of December 30, 2001 (Articles 212, 226).
- System of occupational safety standards. Occupational safety management systems - GOST 12.0.230.1-2015 (describes the occupational safety management system, planning and prevention).
- A typical list of measures annually implemented by the employer to improve working conditions and safety and reduce occupational risks, approved. Order of the Ministry of Health and Social Development of the Russian Federation dated March 1, 2012 No. 181n (contains a list of activities that can be included in the plan to improve working conditions).
In Art. 226 of the Labor Code of the Russian Federation states that a manufacturing enterprise must spend at least 0.2% of production costs on improving working conditions and labor protection. The list of activities was approved by Order of the Ministry of Health and Social Development of the Russian Federation No. 181n dated March 1, 2012. The local annual plan of events determines what the funds will be spent on. This planning document is formed annually (or once every two to three years). The procedure for its development and approval is included in the labor protection regulations.
Good and safe conditions are ensured by:
- rational distribution of the load between the employee and the equipment;
- using reasonable standards of work and rest;
- improvement of technological processes and equipment;
- selection of professional personnel.
What should the plan contain?
When drawing up a plan, you should focus on Order of the Ministry of Health and Social Development of Russia dated March 1, 2012 No. 181n. The list of measures to improve working conditions and increase safety contains 32 items. You need to select events that are relevant to a specific organization.
Measures should address the field of hygiene and sanitation at work, organizational, technical, legal and economic issues.
The plan usually includes the following activities:
- on training employees in the rules of safe handling of equipment (purchase of training manuals, installation of computer training programs, conducting briefings);
- first aid in case of accidents;
- to modernize equipment and improve safety systems (installation of fences, devices that reduce harmful radiation, noise. Issuance of clothing, shoes, and personal protective equipment resistant to hazardous substances);
- aimed at preserving and improving the health of employees (arrangement of comfortable premises for rest and eating, provision of drinking water and milk for harmful substances, regular medical examinations).
The program also includes the timing of the implementation of activities, position and full name. employees responsible for their implementation.
The program to improve working conditions and safety is approved for one year.
What measures can be taken to improve conditions?
The list of measures to improve working conditions is enshrined in Order No. 181n. Let's list some:
- special assessment of working conditions;
- equipment modernization;
- installation of equipment protection from external factors;
- improvement of alarm and warning systems;
- providing workers with special means of protection from negative factors (working clothing must be made in Russia and from Russian materials);
- labor safety training (we are talking about hazardous production facilities and mandatory training for employees in accordance with subparagraph “c”, paragraph 3 of the Rules, approved by Order No. 580n);
- standard lighting of workplaces;
- equipping with first aid stations;
- arrangement of recreation areas;
- installation of drinking water machines;
- carrying out mandatory preventive medical examinations.
The above list is not exhaustive. A full list of improvements can be found in the Order. It is advisory in nature and offers a classification into groups:
- organizational;
- sanitary;
- technical;
- are common;
- private;
- individual.
Changes from March 1, 2022 in the new list of measures to improve working conditions and safety
The differences in the new regulatory act already begin in the name, where the emphasis is on the possible elimination of levels of professional risks or preventing their increase. Against the backdrop of serious accidents occurring in our country, the trend aimed at reducing occupational risks is correct. Let’s compare both regulations in more detail in tabular form and highlight the main changes.
| Order No. 181 of 03/01/2012 (formerly) | Order No. 771 of 10/29/2021 (will become effective from 03/01/2022) | Changes that have taken place |
| clause 1. Carrying out a special assessment of working conditions, assessing the levels of professional risks. | clause 1. Conducting a special assessment of working conditions, identifying and assessing hazards, assessing the levels of occupational risks, implementing measures developed based on the results of their implementation. | Combining two items into one |
| clause 2. Implementation of measures to improve working conditions, including those developed based on the results of a special assessment of working conditions, and assessment of the levels of occupational risks. | — | |
| clause 3. Implementation of systems (devices) for automatic and remote control and regulation of production equipment, technological processes, lifting and transport devices. | clause 2. Introduction of systems (devices) for automatic and remote control and regulation of production equipment, technological processes, lifting and transport devices. | Without changes |
| clause 4. Purchase and installation of alarm systems about disruption of the normal functioning of production equipment, emergency stop means, as well as devices to eliminate the occurrence of dangerous situations in the event of a complete or partial cessation of power supply and its subsequent restoration. | clause 3. Purchase and installation of alarm systems about disruption of the normal functioning of production equipment, emergency stop means, as well as devices that make it possible to eliminate the occurrence of dangerous situations in the event of a complete or partial cessation of power supply and its subsequent restoration. | The change is highlighted in color |
| clause 5. Arrangement of barriers for elements of production equipment from the impact of moving parts, as well as flying objects, including the presence of clamps, locks, sealing and other elements. | clause 4. Arrangement of fencing for elements of production equipment that protects against the impact of moving parts, as well as flying objects, including the presence of clamps, locks, sealing and other elements. | The change is highlighted in color |
| clause 6. Installation of new and (or) modernization of existing means of collective protection of workers from the effects of hazardous and harmful production factors. | clause 5. Installation of new and (or) modernization of existing means of collective protection of workers from the effects of hazardous and harmful production factors. | Without changes |
| clause 7. Applying signal colors and safety signs to production equipment, controls and controls, structural elements, communications and other objects. | and markings to production equipment, controls and controls, structural elements, communications and other objects . | The change is highlighted in color |
| clause 8. Implementation of automatic control systems for the levels of hazardous and harmful production factors in the workplace. | clause 7. Implementation of automatic control systems for the levels of hazardous and harmful production factors in the workplace. | Without changes |
| clause 9. Introduction and (or) modernization of technical devices that protect workers from electric shock. | clause 8. Introduction and (or) modernization of technical devices and devices that protect workers from electric shock. | The change is highlighted in color |
| clause 10. Installation of safety, protective and signaling devices (devices) in order to ensure safe operation and emergency protection of steam, water, gas, acid, alkaline, melt and other production communications, equipment and structures. | clause 9. Installation of safety, protective and signaling devices (devices) in order to ensure safe operation and emergency protection of steam, water, gas, acid, alkaline, melt and other production communications, equipment and structures. | Without changes |
| clause 11. Mechanization and automation of technological operations (processes) associated with storage, movement (transportation), filling and emptying of mobile and stationary tanks (vessels) with toxic, aggressive, flammable and combustible liquids used in production. | clause 10. Mechanization and automation of technological operations (processes) associated with storage, movement (transportation), filling and emptying of mobile and stationary tanks (vessels) with toxic, aggressive, flammable and combustible liquids used in production. | Without changes |
| clause 12. Mechanization of work during storage and transportation of raw materials, wholesale products and production waste. | clause 11. Mechanization of work during storage and transportation of raw materials, finished products and production waste. | Without changes |
| clause 13. Mechanization of cleaning of industrial premises, timely removal and neutralization of production waste, which are sources of dangerous and harmful production factors, cleaning of air ducts and ventilation units, lighting fixtures, windows, transoms, skylights. | clause 12. Mechanization of cleaning of industrial premises, timely removal and neutralization of production waste, which are sources of dangerous and harmful production factors, cleaning of air ducts and ventilation units, lighting fixtures, windows, transoms, skylights. | Without changes |
| clause 14. Modernization of equipment (its reconstruction, replacement), as well as technological processes at workplaces in order to reduce to acceptable levels the content of harmful substances in the air of the working area, mechanical vibrations (noise, vibration, ultrasound, infrasound) and radiation (ionizing, electromagnetic, laser, ultraviolet) . | clause 13. Modernization of equipment (its reconstruction, replacement), as well as technological processes in the workplace in order to eliminate or reduce to acceptable levels the impact of harmful and (or) hazardous production factors | The change is highlighted in color |
| clause 15. Installation of new and reconstruction of existing heating and ventilation systems in industrial and domestic premises, thermal and air curtains, aspiration and dust and gas collection units, air conditioning units in order to ensure normal thermal conditions and microclimate, clean air in the working and serviced areas of the premises | clause 14. Installation of new and reconstruction of existing heating and ventilation systems in industrial and domestic premises, thermal and air curtains, aspiration and dust and gas collection installations, disinfection, aeration , air conditioning installations in order to ensure thermal conditions and microclimate, cleanliness of the air environment in the working and serviced areas of premises that meet regulatory requirements . | The change is highlighted in color |
| clause 16. Bringing levels of natural and artificial lighting in workplaces, domestic premises, and places of passage for workers in accordance with current standards . | clause 15. Providing natural and artificial lighting in workplaces, domestic premises, and places where workers pass. | The change is highlighted in color |
| clause 17. Construction of new and (or) reconstruction of existing places for organized recreation, rooms and rooms for relaxation, psychological relief, places for heating workers, as well as shelters from sunlight and precipitation when working outdoors; expansion, reconstruction and equipment of sanitary facilities. | clause 16. Construction of new and (or) reconstruction of existing places for organized recreation, rooms and rooms for relaxation, psychological relief, places for heating workers, as well as shelters from sunlight and precipitation when working outdoors; expansion, reconstruction and equipment of sanitary facilities. | Without changes |
| clause 18.Purchase and installation of installations (automatic machines) to provide workers with drinking water. | clause 17. Purchase and installation of installations (automatic machines) to provide workers with drinking water, filtration (purification) systems for tap water . | The change is highlighted in color |
| clause 19. Providing , in accordance with the established procedure, workers engaged in work with harmful or dangerous working conditions, as well as in work performed in special temperature and climatic conditions or associated with pollution, special clothing, special footwear and other personal protective equipment, flushing and neutralizing agents . | clause 18. Providing workers engaged in work with harmful or dangerous working conditions, as well as in work performed in special temperature and climatic conditions or associated with pollution, with special clothing, special footwear and other personal protective equipment, dermatological personal protective equipment . | The change is highlighted in color |
| clause 20. Ensuring the storage of personal protective equipment (hereinafter referred to as PPE), as well as their care (timely dry cleaning, washing, degassing, decontamination, disinfection, neutralization, dust removal, drying), repair and replacement of PPE. | clause 19. Ensuring the storage of personal protective equipment (hereinafter referred to as PPE), as well as their care (timely dry cleaning, washing, degassing, decontamination, disinfection, neutralization, dust removal, drying), repair and replacement of PPE. | Without changes |
| p.21.Purchase of stands, simulators, visual materials, scientific and technical literature for conducting briefings on labor protection, training in safe techniques and methods of performing work, equipping classrooms (training classes) on labor protection with computers, television, video, audio equipment, licensed training and testing programs, holding exhibitions, competitions and reviews on labor protection. | p.20.Purchase of stands, simulators, visual materials, scientific and technical literature for conducting briefings on labor protection, training in safe techniques and methods of performing work, equipping classrooms (training classes) on labor protection with computers, television, video, audio equipment, training and testing programs, holding exhibitions, competitions and shows on labor protection, trainings, round tables on labor protection . | The change is highlighted in color |
| clause 22.Organization in the prescribed manner of training, instruction, testing of knowledge on labor protection of workers. | clause 21. Conducting training on labor protection, including training in safe methods and techniques for performing work, training in providing first aid to victims at work, training in the use (application) of personal protective equipment, labor safety briefings, on-the-job training ( for certain categories of workers) and testing knowledge of labor protection requirements . | Combining two items into one, changes highlighted in color |
| clause 23. Organizing training for workers to provide first aid to victims at work. | — | |
| clause 24. Training of persons responsible for the operation of hazardous production facilities. | — | This event is not included in Order No. 771n, but a more expanded one appears, |
| — | clause 22. Purchase of individual instruments, devices, equipment and (or) complexes (systems) of instruments, devices, equipment that directly provide training on the safe conduct of work, including mining, and actions in the event of an accident or incident at a dangerous production facility and (or) remote video and audio recording of briefings, training and other forms of training of workers on safe work performance, as well as storage of the results of such recording. | This event is not included in Order No. 181n |
| clause 25. Carrying out mandatory preliminary and periodic medical examinations (examinations) in accordance with the established procedure | clause 23. Conducting mandatory preliminary and periodic medical examinations (examinations). | The change is highlighted in color |
| clause 26. Equipment according to established standards of premises for the provision of medical care and (or) creation of sanitary posts with first aid kits stocked with a set of medicines and preparations for first aid. | clause 24. Equipment according to established standards of premises for the provision of medical care and (or) creation of sanitary posts with first aid kits equipped with a set of medical products for first aid. | The change is highlighted in color |
| clause 27. Construction of sidewalks, passages, tunnels, galleries on the territory of the organization in order to ensure the safety of workers. | clause 25. Construction and maintenance of pedestrian roads , sidewalks, passages, tunnels, galleries on the territory of the organization in order to ensure the safety of workers. | The change is highlighted in color |
| clause 28.Organization and conduct of production control in the manner established by current legislation . | clause 26.Organization and conduct of production control. | The change is highlighted in color |
| clause 29. Publication (replication) of instructions on labor protection. | clause 28. Publication (replication) of instructions, rules (standards) on labor protection. | The change is highlighted in color. The introduction of rules (standards) on labor protection is due to the entry into force of Order of the Ministry of Labor of Russia dated October 29, 2021 No. 772n (more details can be found here) |
| clause 30. Redevelopment of the placement of production equipment, organization of workplaces in order to ensure the safety of workers. | clause 28. Redevelopment of the placement of production equipment, organization of workplaces in order to ensure the safety of workers. | Without changes |
| clause 31. Design and arrangement of training grounds for employees to develop practical skills for safe work, including at hazardous production facilities. | clause 29. Design and arrangement of training grounds for employees to develop practical skills for safe work, including at hazardous production facilities. | Without changes |
| clause 32. Implementation of activities aimed at developing physical culture and sports in work collectives, including: — compensation to employees for sports activities in clubs and sections; — organization and conduct of physical education and sports events, including events for the implementation of the All-Russian physical culture and sports complex “Ready for Labor and Defense” (GTO), including remuneration for the labor of methodologists and trainers involved in the implementation of these events; — organization and conduct of physical education and health activities (industrial gymnastics, therapeutic physical culture (hereinafter referred to as exercise therapy) with employees who, on the recommendation of the attending physician and based on the results of medical examinations, are indicated for exercise therapy), including wages for methodologists, trainers, medical specialists, involved in the implementation of these activities; — acquisition, maintenance and renewal of sports equipment; — construction of new and (or) reconstruction of existing premises and grounds for sports; — creation and development of physical education and sports clubs, organized for the purpose of mass attraction of citizens to physical education and sports at their place of work. | clause 30. Implementation of measures aimed at the development of physical culture and sports in work collectives, including: — compensation to employees for sports activities in clubs and sections; — organization and conduct of physical education and sports events, including events for the implementation of the All-Russian physical culture and sports complex “Ready for Labor and Defense” (GTO), including remuneration for methodologists and trainers involved in the implementation of these events; — organization and conduct of physical education and health activities (industrial gymnastics, therapeutic physical culture (hereinafter referred to as exercise therapy) with employees who, on the recommendation of the attending physician and based on the results of medical examinations, are indicated for exercise therapy), including wages for methodologists, trainers, medical specialists, involved in the implementation of these activities; — acquisition, maintenance and renewal of sports equipment; — construction of new and (or) reconstruction of existing premises and grounds for sports; — creation and development of physical education and sports clubs, organized for the purpose of mass involvement of citizens in physical education and sports at their place of work; — maintenance of premises for physical education, health-improving and sports events. Organization and holding of sports competitions and other physical education, health and sports events, including through trade union organizations in accordance with collective agreements (industry agreements) . | The change is highlighted in color |
| — | p.31.Purchase of safety systems for working at height. | Added for the first time |
| — | clause 32. Development and acquisition of electronic document management programs in the field of labor protection in electronic form using an electronic signature or any other method that allows identifying the employee, in accordance with the legislation of the Russian Federation. | Added for the first time |
| — | clause 33. Purchase of instruments, devices, equipment and (or) complexes (systems) of instruments, devices, equipment that provide remote video, audio or other recording of work processes. | Added for the first time |
To summarize, we can highlight that four new measures have been added - clause 22, clause 31, clause 32, clause 33 of Order No. 771n.
The remaining measures either became combined (clause 1, clause 21 of Order No. 771n), or the changes that occurred concerned the replacement (inclusion) of clarifying words (phrases) or the addition of new capabilities (clause 17, clause 20, clause 21, clause. 30 of Order No. 771n).
How to make an event plan
Developing a plan to improve working conditions consists of several stages:
- a working group is being created that will formulate a list of areas for improving working conditions and labor protection;
- a special order is issued regulating the performance of work and identifying responsible persons;
- a draft action plan to improve occupational safety is being developed;
- the draft plan is being approved;
- acceptance and approval of the finished program and budget for its implementation.
An important part of preparing an action plan to improve occupational safety for the next year will be a well-formed cost estimate. The amount spent will depend on:
- type of activity of the organization;
- the need to conduct workplace assessments;
- availability of regulations from regulatory authorities;
- ongoing modernization activities.
To determine the necessary activities and optimize their list, the formed working group needs to:
- conduct an analysis of the activities performed for the previous year and analyze expenses;
- draw up a plan of procedures;
- prepare cost estimates;
- coordinate and approve the estimate with the relevant departments of the enterprise.
Before planning begins, a more detailed analysis should be carried out:
- expenses for labor protection and production of products and services;
- cards for special assessment of working conditions;
- Section 8 of the accident investigation acts - “Measures to eliminate the causes of the accident”;
- existing regulations of supervisory authorities;
- existing contracts for the purchase of protective equipment, medical examinations, employee training, and special assessment of working conditions.
The analysis will allow you to assess upcoming costs and likely above-plan needs. They need to be taken into account in the estimate.
Art. 226 Labor Code of the Russian Federation: official text
In accordance with Federal Law No. 220-FZ dated 07/02/2021, from 03/01/2022, Article 226 of the Labor Code of the Russian Federation changes numbering and becomes Article 225 of the Labor Code of the Russian Federation:
From March 1, 2022, a new edition of the Labor Code of the Russian Federation comes into force, which includes significant changes in the field of labor protection. In the new edition, Article 225 of the Labor Code of the Russian Federation, like the current Article 226 of the Labor Code of the Russian Federation, is devoted to financial support for measures to improve working conditions and labor protection. Answers to questions that employers may have are given in our article.
Who develops the plan
At each enterprise, in accordance with the law, there are people responsible for occupational safety. The larger the enterprise, the more complex the OT service. Special unit, in accordance with Art. 217 of the Labor Code of the Russian Federation, is created if the number of employees exceeds 50 people.
Absolutely all managers and specialists of the organization are involved in the process of managing labor protection and industrial safety at the enterprise. There are three levels of system management:
- senior level - manager and his deputies, chief engineer, chief specialists;
- secondary - heads of structural units, mechanics and technologists;
- junior - foremen, foremen, foremen.
A working group that will develop a program to improve working conditions is formed from among them. The composition is approved by the head and recorded in the order.
Compliance with the approved plan will be under the control of government bodies, trade unions, parties to the collective agreement, and the labor protection service itself.
Plan requirements
Order of the Ministry of Health and Social Development No. 181n offers a standard form. When developing a project to improve working conditions at an enterprise, one should be guided by the planning system adopted by the organization. The structure of the plan must take into account the requirements of Article 226 of the Labor Code of the Russian Federation and contain information on the financing of planned areas.
It must include information about the persons responsible for its implementation. As a rule, they will be heads of departments and specialists listed as responsible persons in the Labor Regulations.
An important part of the plan for improving working conditions is the timing of its implementation in general and its individual measures in particular.
IMPORTANT!
During scheduled inspections, GIT inspectors compare data on labor protection costs with statistical reporting for the previous year and accounting data. The numbers must match.
How to approve a plan
The prepared and executed project is approved by all interested departments in the enterprise. Then an act is drawn up with the participation of the trade union organization. This stage is not mandatory, but is present in large enterprises.
Activities and upcoming costs for improvements are discussed in detail. Necessary changes are made.
The action plan can be drawn up as a section of a collective agreement or contract. All those responsible for its implementation are included in it. The plan is drawn up in a final document and signed by the manager. Then comes approval by order for the enterprise.
