Responsibilities of employer to ensure safe working conditions. Labor code, article 212

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2018-03-18 13:50:38

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Every leader needs to provide its employees with safe working conditions. The labour code contains provisions under which developed instructions for employees. Their implementation ensures the creation of an optimal environment and protect the health and safety of personnel. We next consider the duties of the employee and employer in the region.
duty of the employer to ensure safe working conditions

Regulatory framework

St. 212 of the labour code contains basic provisions governing the activities of leader in the region. These provisions are supplemented by articles 222, 221 and 213. Safe working conditions in the enterprise are formed, also in accordance with other regulations regarding OFF.

General provisions

According to article 212 of the labour code, the employer must ensure the safety of health and life of employees when:

  1. Operation of structures, buildings, and equipment.
  2. The Implementation process.
  3. The Use of materials, tools and raw materials.

In the preparation of projects of construction and reconstruction must be performed of the requirements of a safe work environment. It is prescribed that you must implement and respect to the materials, raw materials, tools, processes, mechanisms, machines and other equipment.

Protection

The responsibility of the employer to ensure a safe work environment includes equipment shops and other facilities of collective and individual devices. Thus employees should be able to use protection. These fixtures should be certified according to the rules of PPE established by the Decree of the state standard. For its own account the leader gets special shoes, overalls and other PPE, neutralizing and washing facilities for the employees, who are engaged in dangerous or unhealthy occupations, and in activities carried out in special temperature conditions or connected with pollution.

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Conditions on the production

Creating a safe work environment in the field of professional work of staff – one of the main tasks of the Manager. This requirement applies exclusively to the situation in the organization. Manager is not responsible for security breaches by an employee performing activities at home or in other places. However, it needs to control the environment where the employee will be directed to the execution of tasks. The responsibility of employer to ensure safe working conditions is included informing the employee that, for example, goes on a business trip at the plant, about the presence of dangerous and harmful factors.

Schedule

The Mode of rest and labor is established according to the legislation and other normative acts related to the sphere FROM. Under the provisions of article 109 and article 92, on a separate production staff are available throughout the day special paid breaks. In some cases, provides for a shortened working day. The duration of the break for heating and recreation, in accordance with article 108 of TK should be no longer than two hours and not less than 30 minutes.

Instructions

The main responsibilities of the employer in the region is responsible for conducting training sessions with staff. The Manager can instruct the staff in person or to appoint a special position. Learning sessions staff should be familiar with the rules of conduct on the subject in normal times and in case of accident, methods of helping disaster victims. At the end of the briefing should be held a test of knowledge on labor protection. It can be made in the form of a survey or practical exercises. Knowledge check on the labor protection reflects the level of preparedness of the staff to various situations that may arise in the course of their activities. Employees are not briefed will not be allowed in its place. The Manager or authorized persons must monitor compliance with security during the technological processes.
verification of knowledge on labour protection

Medical Examinations

The responsibility of the employer to ensure a safe work environment included regulations on the organization of professional examinations. Upon admission to the organization employees undergo a preliminary examination. During its activities, organize periodic medical examinations. Depending on the activity, in the cases established in the legislation, can also be a compulsory psychiatric examination at the request of employees in accordance with medical recommendations with preservation of position and average earnings. The activities should not be allowed employees who do not complete the survey or have contraindications for health reasons.

Safe conditions and labour protection: informing employees and authorized organizations

Employees must be familiar with local regulations in the field FROM under the painting. The head of the organization must provide the Federal Executive authorities engaged in elaboration of state policy and normative legal regulation in the field of labor authorized to oversee the implementation of the requirements of sectoral legislation and other provisions relating to these areas, bodies of trade-Union control of documents and information that are necessary to these bodies to perform their functions. Together with this, authorized persons shall have unimpeded access to the organization in case of audit.

Emergency

Violation of safety production can lead to the emergency. In the event of an accident the supervisor must inform the designated authority to conduct an internal investigation to identify those responsible. The violation of safety at the facility involves the imposition of disciplinary measures. The Manager must keep a record of accidents in your organization, and promptly provide the necessary information to the competent services according to their request. The duties of the employer to ensure a safe work environment is to take the necessary measures to prevent an emergency, preserve life and health of employees when they occur.
 responsibility for security breaches

Details

St. 212 of the labour code mandated social insurance of employees against accidents and occupational diseases. Development and approval of instructions shall be carried out taking into account the views of the Commissioner by the authority's employees (election group of the primary trade Union). In the field of direct implementation of professional activity of employees in shops and other premises of the organization must be present at posters of health and safety. Along with this, it is necessary to use the established symbols for safety rules. Everyone in the organization needs to understand and understand them. Symbols for safety rules are studied during briefings.

Recommendations

The Leader must exercise control over the execution by employees of the requirements contained in the job descriptions. The latter gave specific duties of employees and officials in the region. In the Recommendations established provisions for these executives.

Paragraph 2.1 of the Recommendations

According To him, the Manager should ensure that:

  1. In subdivisions and on the ground execution of regulatory and legislative acts, government decrees and regulations of the Ministry of labor and social development, state supervision and control of expert organizations.
  2. Safe operation of structures, technical devices, and the implementation of production and technological processes, use of materials and raw materials.
  3. Organization and carrying out of certification of objects and certifications.
  4. Unhindered access of representatives of bodies of state supervision and control, gosekspertizy working conditions to perform audits, investigations, recordable incidents, determine the causes of occupational diseases.
  5. Optimal schedule activities and employees in accordance with applicable law and regulations.
  6. Compensation for employees with occupational diseases, injury or other damage of health, connected with performance of their duties.
  7. Timely payment of fines and other penalties imposed by bodies of state control and supervision over the fulfillment of requirements of the legislation in the sphere of normative acts on safety and health and hygiene.
  8. Effective control over the level of influence of dangerous or harmful factors on health of the personnel.
  9. Provide oversight, management, control of the information requested as conditions of labor in the organization, compliance with regulations, and all accidents, injuries and illnesses of employees to be taken into account.

violation of safety production

According to the paragraph 2.1 of the Recommendations, the head also:

  1. Brings to the job descriptions of the deputies, heads of divisions and specialists of obligations to ensure their claims FROM or by separate order.
  2. Provides guidance on the service FROM within the organization.
  3. Accountable, according to law, individuals who showed negligence in providing a safe environment in subordinate structural units, has not taken measures to comply with regulations, compliance standards and regulations, made accidents, accident or professional Zabol...

Article in other languages:

AR: https://www.tostpost.com/ar/the-law/8072-212.html

BE: https://www.tostpost.com/be/zakon/14398-abavyazk-pracada-cy-pa-zabespyachennyu-byaspechnyh-umo-pracy-praco-ny-.html

DE: https://www.tostpost.com/de/das-gesetz/14401-pflichten-des-arbeitgebers-zur-gew-hrleistung-von-sicheren-arbeitsbedi.html

ES: https://www.tostpost.com/es/la-ley/14408-la-obligaci-n-del-empleador-de-garantizar-condiciones-de-trabajo-segur.html

HI: https://www.tostpost.com/hi/the-law/8076-212.html

JA: https://www.tostpost.com/ja/the-law/8073-212.html

KK: https://www.tostpost.com/kk/za/14401-m-ndetter-zh-mys-berush-au-ps-z-e-bek-zha-daylaryn-amtamasyz-etu-e-bek.html

PL: https://www.tostpost.com/pl/prawo/14396-obowi-zki-pracodawcy-w-zakresie-zapewnienia-bezpiecznych-warunk-w-prac.html

PT: https://www.tostpost.com/pt/a-lei/14391-deveres-do-empregador-em-fornecer-um-ambiente-de-trabalho-seguro-o-c-d.html

TR: https://www.tostpost.com/tr/hukuk/14404-sorumluluklar-i-veren-taraf-ndan-sa-lanmas-g-venli-bir-al-ma-ortam-kan.html

UK: https://www.tostpost.com/uk/zakon/14399-obov-yazki-robotodavcya-schodo-zabezpechennya-bezpechnih-umov-prac-tru.html

ZH: https://www.tostpost.com/zh/the-law/8812-212.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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