State management of labor protection in the Russian Federation: bodies, levels

представляет собой одно из ключевых направлений госполитики. Public administration in the field of labor protection is one of the key directions of state policy. Its essence lies in creating conditions for ensuring a decent life, protecting the health of the working population. . Further in the article, the structure of state management of labor protection will be examined in detail.

general characteristics

предполагают разработку нормативных актов, определение требований к производственным средствам, используемым технологиям, гарантирующих безопасные рабочие условия, защиту здоровья и жизни персонала. The organization of labor protection, the state management of labor protection involves the development of regulations, the definition of requirements for production facilities, the technologies used, guaranteeing safe working conditions, protecting the health and life of personnel. Within the framework of state policy, laws are enacted to ensure the implementation of the rights of employees at the OT.

Objectives

включает в себя комплекс мероприятий, которые выполняются уполномоченными инстанциями, наделенными надзорными, координирующими, разрешительными, регулирующими и прочими функциями. The system of state administration of labor protection includes a set of activities that are carried out by authorized bodies, which are endowed with supervisory, coordinating, permissive, regulatory and other functions. The main objectives of the policy are:

1. Development and implementation of federal sectoral and regional programs to improve working conditions.
2. Assistance in the planning and implementation of activities aimed at ensuring the safety of personnel.
3. Prevention and elimination of violations of legislative and regulatory requirements for HSE.

Who carries out public administration of labor protection?

Their definition and establishment of terms of reference is based on the principles of the federal system of the country, fixed by the Constitution. Under the provisions of Article 5, they are:

1. Unity and integrity of state power.
2. Delimitation of powers and subjects of conducting regional and federal institutes.

Правительством. The State Administration of Occupational Safety is carried out by the Government. Its activities can be carried out directly or through the relevant institutions of power. реализуют полномочия по поручению Правительства. The bodies of state administration of labor protection exercise powers on the instructions of the Government. It also defines the limits of their competence. действуют в соответствии с Положениями, актами, регламентирующими взаимодействием между институтами исполнительной власти. Subjects of state administration of labor protection act in accordance with the Regulations, acts regulating interaction between the institutions of executive power. These documents are approved by government regulations.

Key Institute

As it is the Ministry of Labor. On the instructions of the Government, it implements the functions of elaborating state policy and normative regulation of relations related to the OT. осуществляется Министерством путем самостоятельного принятия нормативных актов: The state administration of labor protection is carried out by the Ministry through the independent adoption of normative acts:

1. Procedure for confirming the compliance of planning activities with OT established requirements.
2. Rules for training and testing knowledge of standards for labor protection. The effect of this act applies to all employees, including managers and employers of individual entrepreneurs.
3. The order of the direction for the training of individual categories of persons insured against occupational diseases and accidents.
4. The list of services for which an accreditation is required, the rules for conducting it.
5. Recommendations on the number of employees and the structure of the security service at the enterprise.
6. Rules for OT and standard instructions, safety standards.
7. Methodical recommendations for the definition of regulatory regulations on labor protection.
8. A model provision on the activities of the commission (committee) for PA.

решают вопросы в рамках своей компетенции. The other bodies of state administration of labor protection solve issues within their competence. The terms of their powers are defined in the Regulations and other normative acts. For example, according to the content of Article 100 of the TC (Part 2), the specifics of working time, the rest period of personnel engaged in transport, communications and other sectors of the economy, characterized by a special nature of activities, according to the rules established by the Government, is determined by the relevant federal institutions of power In consultation with the Ministry of Labor.

Tasks of the executive institutions

– деятельность, предполагающая привлечение различных ведомств, министерств и учреждений. The State Administration of Occupational Safety in the Russian Federation is an activity that involves the involvement of various departments, ministries and institutions. A special role is assigned to federal executive institutions. They carry out supervisory and supervisory functions, ensuring compliance by employers with established requirements for PA. предполагает выявление случаев нарушения нормативных предписаний, причин их допущения. State management in the field of labor protection involves the detection of violations of regulatory requirements, the reasons for their admission. Authorized institutions are obliged to stop illegal actions. To do this, they have the right to apply preventive, preventive, restrictive measures of influence aimed at preventing or eliminating the consequences of non-compliance with the provisions of legislation and other acts by citizens and legal entities.

Nuances

Federal institutions that implement separate tasks on regulatory and regulatory control, control and supervisory and permissive functions should all decisions that they make, as well as the activities to be coordinated with the Ministry of Labor. Provisions on ministries establish their authority for PA. In particular, in the act regulating the activities of the Ministry of Energy, approved by the Government Decree of 12 October. 2000, it is provided that it is within its competence:

1. Takes part in the implementation of state policy on labor protection.
2. Develops and approves industry rules, targeted programs to improve working conditions, controls their implementation.
3. Participates in verification of knowledge of requirements from managers and technical directors (chief engineers) of enterprises of the fuel and energy complex, regardless of the type of ownership.
4. It implements measures to ensure radiation safety at the fuel and energy complex.

Levels of state management of labor protection

On the territory of subjects, the state policy for ensuring the safety of production activities is implemented by authorized institutions of power within their competence. It, in turn, is determined by regulatory regional acts, in accordance with federal legislation. For example, in the Tyumen region, the authority of the administration of the subject, territorial authorities, departments, committees, and departments is established by the relevant law passed by the regional Duma on Feb. 12. 1998. In Moscow, the competence of institutions of power is determined by the Regulation approved by the Decree of the Metropolitan Government on Dec. 23, 1997 in the red. From 15 April. 2003

Rules and standards

реализуется через утверждаемые нормативные акты. The state management of labor protection is realized through the approved normative acts. These include the rules of industrial sanitation and safety. These acts are mandatory for all employees to comply with all enterprises. Standards and rules can be sectoral, interindustry, or taken at the local level. , совместно либо по согласованию с объединениями профсоюзов. The former are approved by the authorized agencies, ministries, supervisory authorities implementing the state administration of labor protection , jointly or in coordination with unions of trade unions. Such regulations act only in a specific branch of the national economic complex. Cross-sectoral standards and rules include security requirements for certain types of work or equipment, industries used in several sectors. Local documents are accepted at a particular enterprise, taking into account the specifics of its activities.

Instructions

They are developed in accordance with the provisions that are present in industry and inter-industry standards and rules. . The approval of instructions is in the competence of departments, ministries, supervisory authorities implementing state management of labor protection . On the basis of standard acts, employers develop and approve local OT documents. Such instructions establish rules for the safe production of work, behavior at the enterprise, including in specific premises, construction sites and so on. Directly on workplaces the health and safety of personnel is provided by responsible persons. As them, as a rule, chiefs of productions, shops, etc. act. In their activity, responsible persons are guided by GOSTs, sanitary norms and rules established for a particular type of work.

Resolution No. 1160

. In accordance with it, all normative documents are developed, through which the state administration of labor protection is implemented . The provisions of the Decree impose certain requirements on acts that include requirements for PA. Such normative documents include:

1. Safety standards.
2. Typical instructions and rules for OT.
3. Sanitary and epidemiological standards and norms that require requirements for production factors.

The draft acts on the OT

They are developed:

1. Associations, enterprises, institutions, extra-budgetary state funds, associations.
2. Federal institutions of executive power, implementing the functions associated with the development of state policy and regulatory and legal regulation in the envisaged sphere of activity. At the same time, representatives of industry associations of employers and trade unions take part in the development.

The drafts of acts, including the requirements for OT, are sent by institutions, enterprises, associations, extra-budgetary state funds, associations to the federal executive body that implements the functions of the state administration of labor protection. In the absence of such an institution, the documents are submitted to the Ministry of Labor. The direction of draft acts is made in electronic and paper form. At the same time, when documents are submitted by federal authorities, they are accompanied by the conclusions of industry associations of employers and trade unions. Acts that contain requirements for OT are issued by the Ministry of Labor after consideration at a meeting of the tripartite commission authorized to regulate social and labor relations.

Making changes to documents

The adjustment of the acts, including the requirements for the OT, is carried out by the Ministry of Labor. The procedure for making changes is established by the governmental Resolution No. 1160. Correction of acts is carried out:

1. When changing the legislative standards for RT.
2. Based on the results of a comprehensive study of the condition and causes of occupational diseases and occupational injuries.
3. Based on the analysis of domestic and international experience on improving the regulatory framework, improving labor conditions at enterprises.
4. In accordance with the evaluation of the results of attestation of work sites, as well as the indicators achieved with the introduction of new technologies and equipment.
5. On the proposals of federal executive institutions or regional authorities, including on the balance of acts, including labor protection requirements, with international norms. In this case, the recommended measures should be justified.

Trade unions can participate in the development of state programs on HSE and environmental conditions, the drafting of regulatory and other acts that regulate the sphere of labor protection, environmental safety and occupational diseases. In addition, the associations conduct daily monitoring of the implementation of established regulations.

Safety of vital activity

It should be viewed as an integrated system of measures designed to protect the individual and the environment in which he lives, from the risks that arise from a particular activity. The more complex it is, the more compact will be the protection system. To form safe conditions in the conduct of activities it is necessary to solve the following tasks:

1. Carry out a full analysis of the risks that arise in the performance of a particular job.
2. Develop effective measures to protect the person and the environment in which he is, from the hazards discovered. Activities should bring maximum impact with minimum costs.
3. Develop measures to protect against residual risks of specific activities.

OT provision

Labor protection is realized through a complex of legislative acts, regulations, organizational, hygienic, technical, social and economic measures aimed at ensuring safety, maintaining working capacity and human health in production conditions. Currently, RT is considered as the most important task for managers of enterprises and institutions of state power. Labor protection has an indissoluble connection with various sciences. Among them, physiology, psychology, production organization and economics, industrial toxicology, automation of the technological process, etc. With the improvement and improvement of professional conditions, the use of advanced information means is of particular importance. The implementation of measures to reduce injuries and morbidity contributes to an increase in the activity of workers, increase their productivity, reduce production losses. Among other things, labor protection is closely linked to environmental safety. Filtering of effluents, gas emissions, maintaining fertility and soil restoration, fighting vibration and noise, providing protection from electrostatic fields and other measures also contribute to the formation of favorable production conditions. A special role in this belongs to the state. Federal and regional authorities are developing various programs aimed at addressing the most pressing issues related to PA. The development of measures in this case is carried out taking into account the specifics of industries and activities, taking into account the wishes of the workers and employers themselves.