The Labor Code assigns important tasks to the labor protection commission to protect the health of workers. Therefore, every enterprise must have such an authorized primary body. According to the requirements of the legislation, the creation of committees is initiated by an order from the employer.

Labor Safety Committee

The main task of such a committee is to organize joint events for all interested parties to ensure safety in the workplace.

On whose initiative is a labor safety committee created in an organization? Art. 218 of the Labor Code indicates that creation can be initiated by:

• Employer;
• Workers;
• Any representative body of a collective.

The committee solves the following tasks:

• Develops an action plan to prevent injuries and occupational diseases;
• Organizes inspections of conditions at all workplaces;
• Performs health checks;
• Informs each employee about real working conditions and the presence of risk.

Also, representatives of the committee provide the necessary assistance to the employer in training each employee, and also carry out the required knowledge testing. The activities of the committees are carried out after the approval of the standard regulations.

What are the requirements for the composition of the commission for testing knowledge of labor protection requirements?

This representative body should include representatives of the employer and employees, and the principle of formation is parity.

An example of the composition of the commission: usually its head is the employer himself or an employee appointed by him. To comply with the requirements of the legislation, a representative of the team is appointed as a deputy. If there are two deputies, then one person should represent the employer, the second the employees. The committee secretary is usually a security specialist. The composition must be approved by the order of the head.

Composition of the labor protection commission

The size of the committee is not established by law; it depends on the number of available employees, the specialization of the organization, and its structure. Also, the composition of the committee can be discussed by mutual agreement of the interested parties. The composition of the committee is specified in the collective agreement or other existing local document. A labor safety commission in an organization is created if there are at least 10 employees - this is stated in Part 1 of Art. 13 of the domestic Law with number 181-FZ.

How is the composition of the labor protection commission approved?

When the employer and the team have decided who will be part of this body, an order is issued approving its composition. After which the created commission gathers for its first meeting and elects a chairman, his deputies, and a secretary. The creation of an order distributing positions is not required, since the employer is no longer involved in managing the committee.

Training of members of the labor protection commission

The legislation specifies that each member of the commission is required to have the appropriate knowledge. To receive them, a person who is part of this primary body must undergo compulsory training in the relevant courses every three years. The form of training can only be full-time. Every employee has the right to receive knowledge at the expense of the organization; the trade union body is obliged to control this.

Work plan of the labor protection commission

According to Russian legislation, the commission must act according to a plan drawn up for the calendar year. The finished document must be approved by the chairman of the body created by the organization. The provisions of the Labor Code require that at least once a year this body reports to the team on the work done - this point is always mandatory. Other measures are introduced as necessary. For example, a standard plan may include items on training members of a given body, measures to monitor conditions, and others.

The plan is drawn up in the form of a table. The main part of the document is a column indicating all events for the next year. Next, the deadline for completing each item is written down, who is responsible for the implementation of the event - only the chairman can approve it. At the end, a completion mark is placed.

Sample order for the creation of a commission to test knowledge of labor protection

The system for preventing injuries and occupational diseases provided for by law provides for the presence of a commission to verify the knowledge of employees in this area. The legal basis for such an action is the Resolution of the Ministry of Labor, numbered 1/29. Its creation is initiated by the head of the organization by issuing an order.

The creation of this body takes place on a parity basis - its composition in equal proportions must consist of representatives of both sides, otherwise the order cannot be issued. It should also be taken into account that the task of this primary body is to test knowledge, and not to control safety in this area.

The order form is optional, but must always contain the following:

• The name of the organization, and its full name;
• The title of the document being issued indicates that it is an order;
• Creation requirement;
• Full name and position of all members of this body.

The order is approved by the head and delivered to each member against signature. If the composition changes, a new order should be issued.

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Commentary on Article 13

1. When creating committees (commissions) on labor protection, it is necessary to be guided by Art. 218 of the Labor Code of the Russian Federation, which introduced some clarifications into the procedure for their organization; in particular, the number of teams in which committees are created is not determined.

In organizations, as stated in Art. 218 of the Labor Code, at the initiative of the employer and (or) at the initiative of employees or their representative body, labor protection committees (commissions) are created. Their composition on a parity basis includes representatives of employers, trade unions or another representative body authorized by employees. The standard regulations on the labor protection committee (commission) are approved by the federal executive body for labor.

The labor protection committee (commission) organizes joint actions of the employer and employees to ensure labor protection requirements, prevent industrial injuries and occupational diseases, and also organizes inspections of labor conditions and labor protection in the workplace and informs employees about the results of these inspections, collects proposals for the section collective agreement (agreement) on labor protection.

According to these Recommendations, the committee is created on a parity basis from representatives of employers, trade unions and other representative bodies authorized by employees and carries out its activities in order to organize cooperation and regulate relations between employers and employees and (or) their representatives in the field of labor protection at the enterprise.

Any party can initiate the creation of a committee. Employee representatives are nominated to the committee, as a rule, from among the authorized (trusted) persons for labor protection of a trade union or work collective.

The number of committee members can be determined depending on the number of employees at the enterprise, the specifics of production, structure and other features of the enterprise, by mutual agreement of the parties representing the interests of employers and employees (work collective). The conditions for the creation, activities and term of office of the committee are stipulated in a collective agreement or other joint decision of employers and representative bodies authorized by employees.

Nomination of representatives of employees, trade unions and other representative bodies authorized by employees to the committee is carried out at a general meeting (conference) of the labor collective; representatives of employers are appointed by order (instruction) of the enterprise.

Representatives of employees, trade unions and other representative bodies authorized by employees in the committee report on the work done at least once a year at a general meeting (conference) of the labor collective. If their activities are recognized as unsatisfactory, the meeting has the right to recall them from the committee and nominate new representatives to its composition.

The committee may elect a chairman, deputies from each party and a secretary from among its members. It is not recommended to elect an employee who, due to his official duties, is responsible for the state of labor protection at the enterprise or is directly subordinate to the employer, as the chairman of the committee.

Committee members perform their duties on a voluntary basis, as a rule, without release from their main work, unless otherwise specified in the collective agreement.

The committee carries out its activities in accordance with the work plan, which is adopted at a meeting of the committee and approved by its chairman. Committee meetings are held as necessary, but at least once a quarter.

In its work, the committee interacts with state bodies for labor protection management, labor safety supervision and control, trade unions, the enterprise’s labor protection service and specialists engaged on a contractual basis (taking into account the specifics and industry-specific features of production, the specific interests of the workforce). The activities and remuneration of hired specialists are regulated by a collective agreement or other joint decision of employers and representative bodies authorized by employees.

Consideration of proposals from the employer, trade unions and other representative bodies authorized by employees, as well as the employees themselves to create healthy and safe working conditions at the enterprise and develop recommendations that meet the requirements for preserving the life and health of employees in the process of work;

Consideration of the results of a survey of the state of conditions and labor protection at workplaces, production sites, workshops and the enterprise as a whole, participation in surveys based on requests from workers and development of the necessary recommendations to eliminate identified violations;

Study of the causes of industrial injuries and occupational diseases: analysis of the effectiveness of measures taken on labor conditions and labor protection, preparation of information and analytical materials on the actual state of labor protection at the enterprise;

Analysis of the progress and results of certification of workplaces for working conditions, participation in the preparation of departments and the enterprise as a whole for mandatory certification of permanent workplaces at production facilities for compliance with labor protection requirements;

Assisting the employer in introducing more advanced technologies, new equipment, automation and mechanization of production processes into production in order to create healthy and safe working conditions, eliminate heavy physical work and other functions.

4. To carry out the assigned functions, the committee may be granted the following rights:

Receive information from the employer and the enterprise’s labor protection service about the state of working conditions in the workplace, industrial injuries and occupational diseases, the presence of dangerous and harmful production factors;

Hear at its meetings reports from the employer (its representatives) on the fulfillment of their responsibilities to ensure healthy and safe working conditions in the workplace and compliance with guarantees of the right of workers to labor protection;

Participate in the work on the formation of collective agreements or agreements on labor protection on issues within the competence of the committee;

Make proposals to the employer to bring disciplinary action against employees for violations of the requirements of norms, rules and instructions on labor protection;

Contact the relevant authorities with a demand to hold officials accountable in cases of violation of legislative and other regulatory legal acts on labor protection, concealment of industrial accidents and occupational diseases;

Make proposals for moral and material incentives for employees of the workforce for active participation in the work to create healthy and safe working conditions at the enterprise.

Creating a safe environment for professional work and preventing injuries and injuries to employees is one of the main priorities of any organization. The concept of production safety includes several components. First of all, we are talking about creating safe working conditions, equipping professional places with protective equipment, and so on.

In addition, it is important to provide training to employees whenever potentially hazardous work is planned. The creation of a commission for the protection of work processes makes it possible to ensure the fulfillment of these tasks.

This body acts in accordance with the Regulations, which are developed by the organization independently, but within the framework of a letter from the Ministry of Labor and Social Development.

Reasons for creating a commission on labor protection in an organization

The Regulations on the Labor Safety Commission establishes the norms related to its direct activities. The Regulations establish the number of staff of the labor protection commission, its structure, operating procedures, and so on. This document is the main one and is what the members of the commission and the management of the organization are guided by.

The Labor Code of the Russian Federation has a special norm - Art. 218 of the law. It establishes the right of every employer to create a specified body to protect the rights of employees. Also, to develop this rule of law, a letter from the Ministry of Labor and Social Development was created.

The listed acts are the regulatory framework for the creation and activities of the commission. However, its creation may be due to several reasons:

• Compliance with the interests of the trade union. Trade union organizations always speak out in defense of workers. This also applies to compliance with labor safety regulations. Therefore, a trade union organization may require the creation of a commission. And the employer will not be able to refuse this;
• At the employer's own initiative. As a rule, this happens in large enterprises. The creation of this body makes it possible to resolve emerging disputes and control the situation related to the safety of labor processes.

Thus, the initiative can come from both the organization’s staff and the employer. It should be noted that the work of the body meets the interests of both parties. After all, the employer, with the help of trade union representatives, will be able to take timely measures to improve working conditions and bring workplaces into compliance with safety standards.

Composition of the labor protection commission in the organization

The number of participants in the body, as well as the structure of its composition, are important. Therefore, these issues should be spelled out in great detail in the regulations. According to the requirements of the law, the regulations must provide places for representatives of the employer and the trade union body.

Each member has one vote. This balance of power and equality is aimed at respecting the interests of all parties. If the organization does not have a trade union body, other representatives of the team may participate in the work of the commission. They will act on behalf of all personnel and ensure the proper level of labor protection.

Necessary regulations for drawing up regulations on the labor safety commission

The regulatory framework for creating the provision is indicated above. Representatives of the parties can directly develop it. However, there is an order of the Ministry of Labor, which approved a standard sample of the specified document. At the same time, special orders and other administrative documents should not be issued. Only one order is enough - to put into force the regulations on the labor protection body.
In accordance with the ministry's letter, the structure of the document should be as follows:

• The part that describes the general features of the act;
• It is necessary to describe in detail the tasks for which the specified body is created at the enterprise;
• The functions of the body are indicated in a separate section and listed point by point;
• The powers possessed by the specified body.

These are standard sections, but each employer has the right to modify the structure of the document, adapting it to its own characteristics.

Sample regulations on the labor protection commission in 2018

The structure of the regulations on the labor protection commission is established by order of the ministry. In this case, the main sections are tasks and functions. Among the tasks, the most important ones should be listed:

• Creation of algorithms for general actions of the organization and employee representatives to reduce the level of injuries and improve working conditions;
• Members of the body are empowered to evaluate professional places. They are assessed in terms of minimizing harmful factors. Moreover, such an assessment is important, because non-compliance of working conditions with legal standards can lead to the suspension of the activities of the entire organization;
• Joint activities together with the regular structure for occupational safety. They can develop measures to reduce production risks and compensate for health damage suffered by employees in connection with the performance of their professional duties.

These are the main tasks, which are defined in the order of the ministry.

This is the official sample. Therefore, it can be used in any organizations and enterprises. It is recommended to use exactly this structure without changing it.

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Organization of work of the labor protection commission in the organization

The Occupational Safety and Health Commission (can also be called a committee) is an element in the occupational safety and health system. You will learn further about how necessary it is to create a commission on labor protection, what are its functions, powers, composition, and what is the procedure for organizing its activities. If you need remote monitoring, at reasonable prices, quickly and efficiently, contact MTC “Exper” tel. 8-800-775-09-71 tel. 8-960-472-42-44.

Is the creation of a labor protection committee (commission) mandatory? Who organizes it, what are its functions?

An occupational safety commission is not always present at an enterprise, since current legislation does not oblige the employer to create this structure. According to Art. 218 of the Labor Code of the Russian Federation, this optional link is organized at the request and initiative of:

• manuals;
• workers;
• employee representative body.

The labor protection commission in the organization performs the following functions:

1. Accepts and studies proposals to improve working conditions, and also assists the administration in every possible way.
2. Helps organize training, instructions and testing of knowledge on labor protection.
3. Informs workers about working conditions, measures to improve them, rights in the field of labor protection and safety.
4. Helps the labor protection service.
5. Provides management with recommendations on the publication of local regulatory sources in the field of labor protection.

Committee structure. Who is included in it?

If the decision to organize a labor safety commission is made, then its composition should include not only the employer, but also members of the representative body of workers. The number of representatives depends on the number of working personnel and is determined by agreement. Members of the labor safety commission perform their duties free of charge. According to clause 15 of the order of the Ministry of Labor of Russia “On approval of the Standard Regulations...” dated June 24, 2014 No. 412n (hereinafter referred to as Order No. 412n), before determining the composition of the labor protection commission at the enterprise, all its proposed members undergo appropriate training at the employer’s expense in a specialized training establishment.

The structure of the labor protection commission is as follows:

1. Chairman (he is the employer himself or his representative);
2. Deputies (one of them must be from the workers);
3. Secretary (usually a labor safety officer).

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:

1. Request and receive from the labor protection service information about working conditions at the enterprise, hazardous factors to health and measures to neutralize them.
2. 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.
3. Analyze cases of injury and recommend measures to be taken against the offenders.
4. 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.

Minutes of the meeting of the permanent commission

All committee meetings are recorded. There is no form established by the legislator for the minutes of the meeting of the labor protection commission, so the document is drawn up in any form.

As a rule, it reflects the following information:

1. The name of the document, its number and date of preparation.
2. Name of the organization.
3. List of those present.
4. Agenda.
5. Description for each question (who was listened to, how they voted).
6. The operative part (what was decided, what decisions were made in the end).

The minutes are completed by the signatures of the chairman and secretary of the meeting.

The creation of a labor safety commission in an organization occurs on a voluntary basis. The composition of the labor protection commission must include participants from both the employer and the workers. The labor protection committee (commission) is created on a gratuitous basis, and all members of this body must undergo appropriate training.

According to Art. 13 of the law that regulates labor safety, a labor safety commission must be formed at every enterprise with more than 10 employees. Let us next consider what activities it carries out.

General information

The provision on the labor protection commission is also provided for in Art. 218 TK. The committee can be created at the initiative of employees or the employer. A proposal for the formation of such a structure can also be made by a representative body of workers. The composition of the labor protection commission should therefore include representatives of:

1. Employer.
2. Employees' trade union (or other body authorized by employees).

The formation of committees is carried out on a parity basis. The model Regulations “On the Labor Safety Commission” must be approved by the federal executive body. Committees are created in organizations, institutions, and enterprises, regardless of the type of ownership, sphere of production and economic activity and departmental subordination.

Purpose of creation

One of the main responsibilities of an employer is labor protection. The Occupational Safety and Health Commission is intended to carry out joint actions of the manager and employees of his enterprise to ensure the requirements established by law for occupational safety. The main purpose of forming the committee is to prevent injuries at work and the occurrence of occupational diseases. This body checks working conditions, evaluates how the Occupational Safety and Health Commission is carried out, informs employees about the results of its activities, and collects proposals for the section on occupational safety.

Committee size

The labor safety commission in an organization, as a rule, includes trusted (authorized) persons from the team or trade union itself. The size of the committee is established depending on the number of employees at the enterprise, the structure and specifics of production, other factors directly related to the activities of the company, as well as by mutual agreement of the participants representing the interests of the employer and employees. After agreeing on all issues, the manager approves the order on the labor safety commission.

Features of formation

The conditions for creation, duration of powers, and work of the commission are stipulated by the collective agreement. These points may also be approved by any other joint decision of the employer and the authorized representative bodies of workers. The election of proxies from employees is carried out at a general meeting of the team. Representatives of the employer are appointed by relevant order of the head of the enterprise. The commission may select a chairman and deputies for each party from among its members. In addition, the committee has the right to elect a secretary. At the same time, it is not recommended to appoint as chairman an employee whose job responsibilities include checking the state of labor protection or who is directly subordinate to the employer.

Meetings

A final meeting of the labor safety commission should be held at least once a year. On it, representatives of employees, trade unions or other authorized structures from the staff report on the results of their activities. The meeting may recall these persons from the committee if it is recognized that the activities carried out are unsatisfactory. New representatives are elected to replace these representatives. The activities of the committee are carried out according to plan. It is also adopted at the meeting and approved by the chairman. Current meetings are convened as needed, but at least once a quarter.

Specifics of the committee's activities

This includes interaction with government agencies that provide oversight of how occupational safety and health is observed at the enterprise. The Occupational Safety and Health Commission operates jointly with the occupational safety service of the company itself, as well as with specialists who are involved on a contractual basis. Moreover, in the latter case, the industry specifics and specifics of production are taken into account, and the specific interests of the team are taken into account. The work and payment for the activities of attracted specialists is established by a collective agreement or other joint decision of authorized employees and the employer.

Tasks

To fulfill the responsibilities assigned to the committee, it is advisable to undergo appropriate training in courses. Their visit must be provided at the expense of the employer. The committee’s activities involve developing a program of joint measures based on proposals received from the parties to improve working conditions and safety, and prevent injuries and occupational diseases at work. The Committee also considers projects of sanitary, health, organizational and technical measures for the preparation of the corresponding section of the agreement on occupational safety or a collective agreement. The commission for testing knowledge on labor protection analyzes the existing conditions at the enterprise. Based on the results of the assessment, the committee prepares appropriate proposals within the framework of the powers assigned to it to resolve existing problems. The commission’s tasks also include informing personnel about the state of occupational safety at their places of professional activity and the probable risks of health damage. The committee also explains to the team their rights to receive personal protective equipment, compensation and benefits.

Authority

To solve the assigned tasks, the commission carries out:

Committee rights

When implementing its tasks, the commission can:

Conclusion

Responsibility for forming the commission falls on the head of the enterprise. At the same time, the legislation allows that the formation of a committee can be carried out on the initiative of employees. This body solves the most important tasks in production. Including representatives of both the employer and employees of the enterprise, it provides a comprehensive study of issues related to safety in the production sector. At the same time, the powers of the commission include not only examining workplaces, but also developing recommendations for improving the conditions in which the professional activities of personnel take place. It is of no small importance to check compliance with the Labor Code requirements by the management of the enterprise. If violations are detected on the part of both the employer and employees, the committee has the right to contact the relevant authorities to bring the perpetrators to justice.