The production factor, the impact of which on an employee can lead to an occupational disease is called. The production factor, the impact of which on the employee can lead to the Production factor of labor

15.07.2014 print

Labor disputes and conflicts between employees and employers often accompany the work of existing companies. Life is life, and it is not always possible to avoid them completely. The main thing is to find a competent way out of the conflict, backed up by law. The main norm governing labor disputes is the Labor Code of the Russian Federation. Consider various situations of conflicts and ways to legally resolve them.

Punishment of the innocent

Most often, disciplinary measures are applied to the employee for being late for work. If such violations are repeated repeatedly or if the employee is more than four hours late, the employer has the right to dismiss the violator.

An employee can be punished if he is guilty of a misconduct. It says so in . Therefore, the employer is obliged to obtain a written explanation of his misconduct from the violator.

In justification, the employee may refer to the poor performance of public transport, weather conditions and other similar circumstances that he could not foresee. Whether the reason given by the employee is valid is up to the employer to decide. And in most cases, such explanations do not satisfy him. As a result - the conflict with the worker.

If in such a situation the employer dismisses the violator for absenteeism, it is likely that the dismissed person will go to court to restore justice. Then the company will have to prove that the employee was absent without a good reason.

To prevent this from happening, you must definitely get a written explanation from him on the fact of the violation and ask him to provide evidence of his words. And in case of refusal - to issue an act about this.

An employee's refusal to give explanations about a committed misconduct cannot be regarded as a violation of discipline, and even more so punished for it (determination of the Supreme Court of the Russian Federation No. ).

• non-appearance of the employee at social events;
• evasion of the employee from performing actions not related to labor duties;
• the refusal of the employee to start work to which he was transferred in violation of the law;
• the presence of an employee, without good reason, not at his workplace, but in the premises of another or the same shop (department) or on the territory of an enterprise or facility where he must perform his labor functions;
• removal of an employee from work by the employer.

Correctly drawn up will help to avoid a conflict with an employee. Its wording should clearly define how the employee should perform his duties. If this is not done, it will be difficult to establish whether the employee is to blame for not fulfilling his duties.

Inconsistency between the severity of the offense and the punishment

When deciding whether to punish an employee, one must take into account the severity of the misconduct committed by him. This is necessary, despite the fact that the Labor Code of the Russian Federation does not contain requirements for such a comparison.

Keep in mind, even if an employee has committed several disciplinary offenses, this is not a reason for his dismissal.

Watchman Mikhailova was reprimanded for leaving her workplace during work without warning the shift supervisor.

The worker explained her action by the need to take medicines from the first-aid kit. After some time, she called home from her workplace, thereby violating the job descriptions, which established a ban on personal telephone conversations from a business phone. At the same time, the worker explained that she called home because she was worried about the health and safety of her young daughter, who was there alone. The employer fired Mikhailova for repeated violations of labor discipline.

In response, the employee filed a complaint with the court, which found that the violations of Mikhailova's labor discipline were insignificant, and it was inappropriate to dismiss her for this.

Illegal Punishments

• comment;
• rebuke;
• dismissal.

Other types of disciplinary sanctions can be applied only to civil servants. They are mentioned by the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation”. It allows you to announce to a civil servant a remark, a reprimand, a warning about incomplete official compliance, dismissal from a occupied position, dismissal from the civil service (Article 57 of the Law).

And the Federal Law of January 17, 1992 No. 2202-1 “On the Prosecutor’s Office of the Russian Federation” gives the right, as a disciplinary sanction, to deprive an employee of the badge “Honorary Worker of the Prosecutor’s Office of the Russian Federation”.

There are no such laws for commercial firms. Therefore, it is prohibited to apply penalties not listed in the Labor Code.

You should also remember about the special procedure for applying dismissal as a disciplinary sanction. You can only dismiss:

• for repeated violations of labor discipline;
• for gross violation of labor discipline, including by the head of the company and his deputies;
• for an unreasonable decision taken by the head, as a result of which damage was caused to the property of the company.

However, employers often "reinvent the wheel". Here are the most common punishments that are not prescribed by law:

• fine;
• deprivation of the award;
• warning;
• censure.

Labor legislation does not allow the use of a fine as a form of influence on an employee. Such punishment is applicable for administrative, tax and criminal offenses.

If an employer wants to punish an employee for dishonest performance of work or failure to meet the production standard, you need to use it. It allows you to reduce wages depending on the amount of work performed.

The deprivation of the bonus can be used as a form of material impact in addition to disciplinary action. To do this, it is necessary to provide in the Regulation on bonuses that the bonus is not paid to employees who have disciplinary sanctions. Then there will be no conflicts with employees.

On a note

The use of such measures as disciplinary sanctions, such as depriving an employee of percentage allowances, allowances for the special nature of work, reducing travel allowance, etc., is illegal.

If it is necessary to have an educational impact on the employee, you can declare him a reprimand or a warning.

The cashier of LLC "Palitra" Fedorova, leaving the premises for official reasons, forgot to close the cash register window several times. After another such misconduct, the director of the company issued an order in which he warned the cashier about the need to conscientiously fulfill his duties. The employee applied to the court with a request to declare the order illegal. She pointed out that the deadline for imposing a disciplinary sanction was missed, and the procedure for its application was violated for the reason that she was not required to provide a written explanation.

However, the court refused to satisfy Fedorova's claim, as it recognized her actions as a violation of the job description. And the order of the employer - an assessment of the labor activity of the cashier without the application of a disciplinary sanction.

Punishment with violation of deadlines

A disciplinary sanction can be imposed on an employee only within a month from the moment the misconduct was discovered. For example, if an employer discovers a misconduct on August 8, 2008, he can apply a disciplinary sanction only until September 8, 2008.

Punishment at a later date will inevitably lead to conflicts and labor disputes. And if a violation of the law is discovered by the labor inspectorate, the manager faces a fine.

In order not to make a mistake in calculating the term, you need to remember a few important points.

First, it does not include the time during which the employee was on or on vacation. The absence of an employee from work for other reasons (for example, time off) does not increase this period.

Secondly, the day when the misconduct was discovered is the day when the head of the employee became aware of it. This is stated in paragraph 34 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”.

Employee Mikhalev was late for work. His delay was recorded by the timekeeper Sviridova. The monthly period during which a disciplinary sanction can be imposed on Mikhalev should not be calculated from the moment the timekeeper discovers the delay, but from the day when it is reported to the manager.

It must also be remembered that after six months from the date of the violation, the employee cannot be punished. The exception is cases when a violation is discovered during an audit, as a result of an audit or during an audit of the financial and economic activities of the company by the tax service or other controllers. In this case, the employee can be punished no later than two years from the date of the misconduct.

Violation of the punishment procedure

When bringing an employee to disciplinary responsibility, one should not forget about collecting evidence that confirms the fact of a violation. They explain the essence of the offense, help to establish the exact date of its commission and other circumstances. It is desirable that this evidence be documented.

To prevent the employee from arguing about the evidence of a violation, you need to:

• document the fact of violation of the act;
• receive a written explanation from the violator;
• in case of his refusal to explain the misconduct, draw up an act about this;
• the employee of the company who directly discovered the violation should write a memorandum to the manager;
• to the immediate supervisor to draw up a presentation in the name of the director of the company for the application of a disciplinary sanction to the violator.

In case of violation of the procedure for imposing a penalty and punishment, the court may recognize the actions of the employer as illegal.

Employee M. decided to resign from CJSC Soyuz of his own free will. Having written a statement addressed to the head of the company, he worked for two weeks, after which he did not come to work.

The management of the company considered M.'s actions to be absenteeism and dismissed him on this basis. The employee applied to the court demanding that the dismissal be declared illegal.

The court granted his request, as it established that M. had not been requested to provide a written explanation of the reasons for his absence from work and that an act of refusing explanations had not been drawn up. That is, the employer violated the requirements of Article 192 of the Labor Code (determination of the Moscow Regional Court dated May 16, 2005 No. 33-4395).

The personnel department should keep records of all violations and disciplinary sanctions against employees. True, the Labor Code prohibits entering information about disciplinary sanctions in work books, and there is no corresponding column in the personal card. Therefore, the forms and methods of accounting for disciplinary sanctions can be established independently. For example, in filing extracts from punishment orders, presentations of the immediate supervisor for the application of punishment, acts and other evidence of a committed misconduct.

It is also advisable to keep a sheet or card of rewards and penalties for each employee and keep it in the personnel department while the employee works in the company.

Suspension conflicts

The employee also bears material responsibility in the event that he spoiled the property of another company, and his employer compensated for this damage. In this case, the employee will have to compensate for the losses that his company had to bear.

Only the amount of direct actual damage can be recovered from the employee. That is, the cost of destroyed or damaged equipment, goods or other property. This also includes the costs of the employer for the acquisition of new property or the restoration of damaged property. But the employee is not responsible for the unreceived benefit.

Limited Liability

As a general rule, for harm caused to the employer, the employee bears limited liability. That is, you can recover from him an amount no more than his average monthly earnings (). For example, if the seller's average monthly salary is five thousand rubles, and the amount of damage caused is 7,200 rubles, then in fact he will compensate for the damage in a limited amount, that is, in the amount of five thousand rubles.

Here are some of those cases:

• the employee negligently damaged or destroyed the goods, tools, company property or special clothing issued for work;
• an employee of a trading company or store incorrectly stored the goods, as a result of which he caused damage to the employer;
• the employee - the head of the department did not take the necessary measures to prevent downtime or theft of the company's property;
• the employer paid a fine for the fact that his employee-salesman did not use a cash register during work.

Claiming damages in full or in excess of the average monthly earnings in all these cases is illegal and can lead to conflict.

Full liability

The employee must fully compensate for the damage only if:

• when he intentionally caused damage;
• when he caused damage while in a state of alcoholic, narcotic or toxic intoxication;
• when he committed a crime, and there is a court sentence against him (for example, the seller was convicted of stealing several bottles of perfume);
• when he committed an administrative offense (for example, a store loader broke a shop window out of hooligan motives);
• when he caused damage without fulfilling his labor duties;
• when there is a shortage of money or goods.

These bases are listed in .

In addition, the employee is obliged to fully compensate for the damage if he was responsible for the property by a special one-time written order of the employer.

If an agreement on full material individual (collective) liability has been concluded with an employee, compensation for damage can only be claimed for a shortage of property. If the property was damaged due to a violation of the storage period, the employee will only respond within the limits of his average monthly salary ().

On a note

It is possible to conclude a written contract with an employee on full liability if he occupies a position or performs work specified in a special list.

This is the List of positions and works replaced or performed by employees with whom the employer can enter into written agreements on full individual liability for the shortage of entrusted property (approved by the Decree of the Ministry of Social Labor of Russia dated December 31, 2002 No. 85).

Such employees include, for example:

• cashiers, controllers, cashier-controllers;
• employees who conduct cash transactions when servicing ATMs;
• collectors;
• managers and other managers of warehouses, pantries;
• forwarders.

In order to avoid misunderstandings, it is advisable to indicate the limits of their liability with employees who occupy the positions listed in the list. If this is not done, you need to conclude a separate agreement on full liability.

An employee's refusal to sign such an agreement is considered a violation of labor discipline. But it is possible to declare him a disciplinary sanction only if two conditions are met:

• the obligation to maintain material assets is the main labor function of the employee, and this is indicated in the employment contract;
• the employee knew that an agreement on full liability could be concluded with him.

If the employee refuses to conclude an agreement on full liability, he can be dismissed by: "the employee's refusal to continue working due to a change in the essential terms of the agreement." This is the position of the Plenum of the Supreme Court of the Russian Federation (Decree of March 17, 2004 No. 2).

Another important point. An employee under the age of 18 can be brought to full liability only if the property of the company is damaged:

• intentionally;
• in a state of alcoholic, narcotic or toxic intoxication;
• as a result of a crime or administrative offense.

However, the employer can forgive the employee for the damage he caused, or demand compensation for only part of it. It's possible:

• if the amount of damage is small;
• if the employee has proven himself during work only on the positive side;
• if the delinquent employee has a large family, a difficult financial situation, sick close relatives, etc.

However, it should be borne in mind that the right of the employer to forgive the employee for the damage caused to the company may be limited by the owner of the property of the company or such a restriction may be written in the charter of the company.

Compensation for damage

To bring the employee to liability, you need to correctly calculate the amount of damage caused to him. Find out if he is to blame for damage to property or shortage, whether there is a causal relationship between the actions of the employee and damage to property.

This requires an internal audit, and sometimes an administrative or criminal investigation.

The inspection involves an inventory of goods or other property. It is carried out by a special commission, created by order of the head of the company. The employee must write an explanation and indicate in it how he caused the damage.

There are two ways to recover damages from the perpetrator:

• by order of the head of the company;
• By the tribunal's decision.

The first method is used if the amount of damage does not exceed the size of the average monthly earnings of the culprit. If the amount of damage is greater, the manager must issue an order for the recovery of damages and offer the employee to compensate it voluntarily. The order must be issued no later than one month from the day when the final amount of damage is determined.

The amount of damage caused is determined by actual losses. The calculation must be done based on the market value of the property in the area on the day the damage was caused. In this case, the degree of its wear should be taken into account. This procedure is established by Article 246 of the Labor Code.

So, the procedure for recovering the amount of damage from the employee includes the following steps:

• detection of damage and drawing up an act;
• sending a memorandum to the head about the occurrence of damage;
• issuance of an order for an audit and;
• issuing an order to conduct an internal investigation;
• obtaining written explanations from the employee;
• filing a complaint with the police if the manager believes that an administrative or criminal offense has been committed;
• issuance of an order imposing liability on the perpetrator;
• sending a written notice to the employee with a proposal to compensate for the damage voluntarily;
• issuance of an order to bring the perpetrator to disciplinary responsibility and familiarize the employee with it against signature.

If the employee does not agree to voluntarily compensate for damages in excess of his average monthly earnings, or the manager did not have time to issue the necessary order, he will have to go to court.

When an employee is not liable for damages

The employee is not liable for damage if the employer has not provided the necessary conditions for the storage of property entrusted to the employee. For example, he did not order to install a burglar alarm in a warehouse.

He shall not be held liable even if the damage was caused due to force majeure, as a result of normal economic risk, extreme necessity or necessary defense.

During the audit at the warehouse of Sever LLC, a shortage of goods was revealed. The head of the company demanded that the storekeeper compensate for the damage. The employee did not agree with the demand and went to court.

During the trial, it turned out that the warehouse was not originally intended for the storage of material assets. The warehouse was adjacent to other premises of the company. Its walls were not brought up to the ceiling, and the remaining space was fenced with a chain-link mesh. In addition, a spare key to the warehouse was kept by the warehouse manager, who was not a financially responsible person.

The court came to the conclusion that the employer did not provide the necessary security for the premises, so the storekeeper could not properly fulfill her obligations to preserve the property. On this basis, the claim of the employee was satisfied.

Financial responsibility of the head

For example, the head abused the right to dispose of the company's property, made a major transaction that violated its interests.

If he broke or spoiled any property of the company, he will be responsible only within the limits of his average monthly earnings. However, full liability in this case can be provided for in the employment contract.

Note: it is not required to conclude a special agreement on full liability with the head.

Conflicts due to changes in working conditions

The law highlights the mandatory and additional terms of the employment contract. The first in any case should be registered in it. The latter can be included in the contract at the request of the parties. However, if additional conditions were specified in the contract, they become equal in force with the mandatory ones and acquire the same status as “determined by the parties” with them.

When entering a job, a person expects that the terms of the employment contract determined by the parties will not be changed without his consent (especially since Article 72 of the Labor Code of the Russian Federation expressly prohibits this).

An employer's decision to change at least one of them can cause serious employee dissatisfaction. And so that it does not develop into a litigation, you need to know what requirements of the law must be followed.

It is possible to change the terms of an employment contract without the consent of the employee only for reasons related to organizational or technological measures. It says so in .

The Plenum of the Supreme Court of the Russian Federation, in its resolution of March 17, 2004 No. 2, explained that organizational and technological measures should be understood as:

• changes in engineering and production technology;
• improvement of workplaces on the basis of their certification;
• structural reorganization of production, etc.

The most common reasons for changing working conditions and, as a result, transferring employees to another job are:

• reconstruction of production;
• supply disruptions;
• upgrading or other change in technology;
• relocation of the enterprise to another location.

In any case, these changes should not worsen the position of the employee compared to the terms of the collective labor agreement (if any) or the working conditions at the time of the changes.

On a note

It is impossible to carry out reorganization measures specifically to change the essential working conditions of employees.

An employee must be notified in writing about upcoming changes in working conditions two months in advance. This obligation will be considered fulfilled if the employee:

• personally wrote a statement of agreement with the proposed changes;
• signed the order or instruction of the employer to change the essential working conditions.

Instead of a handwritten statement, you can prepare a written proposal on behalf of the employer to change working conditions with the stamp: “I agree with the translation” and a place for the employee’s signature. It is advisable to draw up the document in two copies signed by the employer and the head of the personnel department. But the employee must set the date of drawing up the document or familiarizing himself with it with his own hand.

Only the written consent of the employee with the upcoming changes can serve as the basis for issuing an order for their introduction.

If the employee refused to sign the notice, an act must be drawn up about this. Subsequently, if a dispute arises with the employee, it will serve as evidence of his timely warning about the upcoming changes.

An employee who refused to work under the new conditions must be offered any other vacant position available at the company. At the same time, it is important to take into account his qualifications and state of health (so that he can perform the proposed work). If the company does not have a vacancy that matches the qualifications of the employee, you need to offer any less qualified and lower paid job.

The offer must be made in writing. Then, in the event of a dispute, the employee will not be able to deny that it actually came.

The head of the planning and economic department of the unitary enterprise "OKB PT" Bulatova was reduced salary. At the same time, the employer did not notify the employee of the upcoming changes, did not receive her written consent to work on the new conditions. Subsequently, she was fired under paragraph 12 of Article 81 of the Labor Code of the Russian Federation: "termination of access to state secrets." Bulatova disagreed with the decision and filed a lawsuit demanding that she be reinstated at work, that the reduction in her salary be declared illegal, and that the employer recover unpaid wages, bonuses, remuneration, compensation for forced absenteeism and moral damage from the employer. The court recognized the actions of the head of OKB GP as illegal and satisfied the requirements of the employee in full (determination of the Supreme Court of the Russian Federation of April 13, 2004 No. 35-Г04-5).

If there is no suitable job or the employee has refused the proposals received, he can be fired according to: “the employee’s refusal to continue working due to a change in the essential terms of the employment contract.” However, he does not need to pay.

Sometimes, due to changes in organizational or technological working conditions, the enterprise introduces a part-time mode. In this case, the employee has to work in new conditions. If he refuses to work in the new regime, he can be fired for: "reducing the number or staff of the organization's employees."

note

You can enter part-time work for a period not exceeding six months.

If an employee is transferred to another job without his consent, he has the right not to start its implementation. This will not be considered absenteeism. If he started to work, this does not mean automatic recognition of the legality of the translation. The employee retains the right to appeal the employer's decision to the labor inspectorate or court.

Conflicts related to reimbursement of travel expenses

Unfair, from the point of view of the employee, compensation for travel expenses can lead to a serious conflict.

To avoid it, you need to remember that the Labor Code establishes the obligations of the company to pay:

• travel expenses to the place of business trip and back;
• expenses for renting a dwelling;
• per diem in the amount established in the employment contract;
• other expenses associated with a business trip (fee for obtaining a visa, telephone conversations, booking tickets and accommodation, etc.).

Usually, before leaving on a business trip, the company gives the employee an advance. After returning, within three days, the employee must submit to the accounting department a financial report and documents confirming his expenses.

If the employee spent less money than he was given for a business trip, he must hand over the balance to the cashier. If more money is spent and this is confirmed by documents, the company is obliged to reimburse the overspending.

The company is obliged to reimburse in full:

• ticket price for public transport;
• payment for the ticket reservation;
• payment for the use of bed linen on trains;
• the cost of travel by public transport to the station, pier or airport, if the landing place is outside the city;
• the amount of insurance for passengers on transport.

The company is obliged to pay the employee's expenses for renting accommodation on a business trip, as well as reimburse the costs of paying for additional services provided by the hotel, which are included in the cost of living. The exception is service services in a bar, restaurant or room and expenses for the use of recreational facilities (pool, sauna, gym, etc.). The basis for reimbursement of expenses are invoices, invoices, checks of cash registers or forms of strict accountability of hotels. To pay, one of these documents is sufficient (decree of the Federal Antimonopoly Service of the West Siberian District of June 11, 2003 in case No. F04 / 2539-461 / A70-2003).

Daily allowance is paid to a posted worker for each day on a business trip, including weekends and holidays, as well as for all days on the road (including the day of departure and the day of arrival). The amount of daily allowance paid to employees sent on a business trip is established by a collective agreement or a local regulatory act (for example, by order of the head).

From September 9 to September 11 of the current year (3 days), an employee of Passiv LLC Somov A.S. is sent on a business trip. By order of the head of Passiv LLC, the daily allowance for business trips across Russia is 1,500 rubles. per day.

The accountant of Passive LLC must issue a daily allowance to A. S. Somov in the amount of:

1500 rub./day H 3 days = 4500 rubles.

When an employee is sent on a business trip to an area from where he can return to his permanent place of residence every day, per diems are not paid. It is advisable to give money for the payment of daily allowance to the employee in advance based on the estimated number of days of the business trip. The day of departure and arrival are considered days of the business trip, so per diem is also charged for these days.

Keep in mind: if the vehicle leaves before 24:00 inclusive, the day of departure is considered the current day, and if later, the next day. But when the station or airport is located outside the settlement, the time required to travel to this object is taken into account.

Money for a business trip is given to the employee under the report before the trip. However, expenses are recognized when they are actually incurred and paid for. At the moment when the money is given to the employee for a business trip under the report, the expenses have not yet been made and the employee is indebted. In addition, the firm does not yet have documents confirming the expenses. And only after the employee submits an advance report, attaching supporting documents to it, and the manager approves it, the costs can be recognized for tax purposes.

The employee must report for the money issued under the report no later than three working days after he returns from the trip (clause 6.3 of the Bank of Russia Directive dated March 11, 2014 “On the procedure for conducting cash transactions by legal entities and the simplified procedure for conducting cash transactions by individual entrepreneurs and small businesses"). If the employee has an overexpenditure compared to the amount of the previously issued advance, then the travel expenses will be recognized as expenses after the employee is reimbursed for the amount of the overexpenditure.

Conflicts over salary

A commercial firm sets its own wage system. It must be fixed in a collective agreement, Regulations on wages or in an employment contract with a specific employee.

If the enterprise is financed from the state budget, the wage system is established by law. For example, the Federal Law of February 4, 1999 No. 22-FZ "On the remuneration of employees of federal state institutions."

A conflict between an employee and an employer occurs, as a rule, if:

• the employer delays the payment of wages;
• the employee has not been paid or withdrawn allowances;
• the system of remuneration has changed;
• no indexing;
• salary is paid in kind;
• do not make additional payments (for night, overtime, holidays).

Basic principles of organization of working time

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Article 209 of the Labor Code of the Russian Federation with comments and changes in 2019-2020.

Occupational safety is a system for preserving the life and health of workers in the course of their work, including legal, socio-economic, organizational and technical, sanitary and hygienic, medical and preventive, rehabilitation and other measures.

Working conditions - a set of factors of the working environment and the labor process that affect the performance and health of the employee.

Harmful production factor - a production factor, the impact of which on an employee can lead to his illness.

A hazardous production factor is a production factor, the impact of which on an employee can lead to his injury.

Safe working conditions - working conditions under which the impact on workers of harmful and (or) dangerous production factors is excluded or the levels of their impact do not exceed the established standards.

Workplace - the place where the employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer.

Means of individual and collective protection of workers - technical means used to prevent or reduce the impact on workers of harmful and (or) dangerous production factors, as well as to protect against pollution.

The labor protection management system is a complex of interrelated and interacting elements that establish the policy and goals in the field of labor protection for a particular employer and procedures for achieving these goals. The model regulation on the labor protection management system is approved by the federal executive body responsible for the development of state policy and legal regulation in the field of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

Production activity - a set of actions of workers using the means of labor necessary to turn resources into finished products, including the production and processing of various types of raw materials, construction, and the provision of various types of services.

Labor protection requirements - state regulatory requirements for labor protection, including labor safety standards, as well as labor protection requirements established by the rules and instructions for labor protection.

State examination of working conditions - assessment of the compliance of the object of examination with state regulatory requirements for labor protection.

Occupational safety standards - rules, procedures, criteria and standards aimed at preserving the life and health of workers in the course of work and regulating the implementation of socio-economic, organizational, sanitary and hygienic, medical and preventive, rehabilitation measures in the field of labor protection.

Occupational risk - the likelihood of harm to health as a result of exposure to harmful and (or) dangerous production factors in the performance of duties by an employee under an employment contract or in other cases established by this Code, other federal laws. The procedure for assessing the level of occupational risk is established by the federal executive body responsible for the development of state policy and legal regulation in the sphere of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

Occupational risk management is a set of interrelated activities that are elements of the labor protection management system and include measures to identify, assess and reduce levels of occupational risks.

Commentary on article 209 of the Labor Code of the Russian Federation:

1. Opening the section of the Labor Code "Labor Protection", the commented article consolidates the content of the basic concepts used in the process of ensuring safe working conditions for workers, and thereby serves for the correct understanding and application of the legal norms included in this section.

Thus, the definition in the Labor Code of the concept of "labor protection" as a system for preserving the life and health of workers in the course of labor activity, including legal, socio-economic, organizational and technical, sanitary and hygienic, medical and preventive, rehabilitation and other measures, gives an idea of ​​this sphere as a multifaceted activity of the state and employers aimed at protecting the life and health of workers in the process of work and in connection with it. In addition, the above definition allows us to consider labor protection not only as a system of measures mediated by law and, therefore, supported by an appropriate mechanism for ensuring, but also as a system of organizational actions of managers that allow us to quickly resolve labor protection issues that arise in the course of production activities.

2. The presence of basic concepts in Article 209 of the Labor Code of the Russian Federation does not, however, exclude the need to use also other normative acts that reveal the content of these basic concepts.

For example, working conditions are defined as a combination of factors of the working environment and the labor process that affect the performance and health of an employee. The content of this concept will become clearer if we turn to the Guidelines for the hygienic assessment of factors in the working environment and the labor process. Criteria and classification of working conditions. R2.2.2006-05, approved. Chief State Sanitary Doctor of the Russian Federation on July 29, 2005, where the factors of the labor process are revealed through the severity and intensity of labor.

The severity of labor is a characteristic of the labor process, reflecting the predominant load on the musculoskeletal system and functional systems of the body (cardiovascular, respiratory, etc.) that ensure its activity. The severity of labor is characterized by physical dynamic load, the mass of the load being lifted and moved, the total number of stereotyped working movements, the magnitude of the static load, the nature of the working posture, the depth and frequency of the body tilt, and movements in space.

Labor intensity is a characteristic of the labor process, reflecting the load mainly on the central nervous system, sensory organs, and the emotional sphere of the worker.

Efficiency - a person's state, determined by the possibility of the physiological and mental functions of the body, which characterizes his ability to perform a certain amount of work of a given quality for the required time interval (see Basic concepts used in the Guide: section 3 of the Guide).

The use by the employer of the concept of "working conditions", taking into account the characteristics enshrined in the Manual, will to a greater extent orient him both to the elimination of harmful production factors and to streamlining the work process of employees in terms of severity and intensity.

3. Federal Law No. 90-FZ of June 30, 2006, Article 209 of the Labor Code of the Russian Federation was supplemented with such basic concepts as "labor protection requirements", "state examination of working conditions" and "attestation of workplaces for working conditions", which will contribute to a better understanding of Art. Art. 211, 212, 215 and 216.1 of the Labor Code, etc.

Harmful production factors are unfavorable factors of the labor process or environmental conditions that can have a harmful effect on human health and performance. Prolonged exposure to a harmful production factor leads to disease.

In accordance with the standard "GOST 12.1.0.003-74 SSBT.

Korea Morea

Ensuring labor protection is the basis of highly productive and creative activity of employees of enterprises of various forms of ownership.

Sanitary and hygienic measures consist in carrying out work aimed at reducing hazards in order to prevent occupational diseases. Therapeutic and preventive measures include the organization of primary and periodic medical examinations, the organization of therapeutic and preventive nutrition, etc.

The direction of the legal regulation of labor protection is defined by Art.

Occupational disease disease caused by a number of occupational factors

Occupational disease - a disease caused by a number of occupational factors Occupational disease is a separate type of disease that can be caused by the action of unfavorable occupational factors, as well as diseases in the development of which a relationship has been established between the influence of an industrial and professional factor. Occupational diseases are noted in the lists that were approved by the USSR Ministry of Health, this is the main document, the use of which allows you to establish a diagnosis of an occupational disease in relation to a specific job or profession.

Production factor that can lead to injury In enterprises, when operating equipment and performing technological processes, workers may be in hazardous areas. Hazardous production is such a factor, the impact of which on an employee under certain conditions leads to injury or a sharp deterioration in health. factors (moving machines and mechanisms, moving parts of equipment, etc.)

A special case of occupational disease is poisoning.

Production factor For the convenience of studying the material, the article is divided into topics: - thermal: temperature (high, low), humidity, air velocity, thermal radiation; — electromagnetic fields and radiation; - industrial noise, ultrasound, infrasound; - lighting - natural (absence or insufficiency), artificial (insufficient illumination, direct and reflected glare, pulsation of illumination)

Hazardous and harmful production A hazardous factor (HPF) is such a production factor, the impact of which on a worker under certain conditions leads to injury or to another sudden sharp deterioration in health.

Injury is damage to the tissues of the body and a violation of its functions by external influences.

an injury is the result of an accident at work, which is understood as cases of the impact of the OPF on the worker in the performance of his job duties or tasks of the work manager.

The production factor, the impact of which on an employee can lead to an occupational disease is called

/ 2 course / BC / Production factors 2. Medical workers in their work are exposed to a complex of various adverse factors, in particular physical ones (ionizing and non-ionizing radiation, ultrasound, laser radiation, noise, vibration, etc.); chemical (highly active drugs, chemicals and disinfectants); biological (pathogenic microorganisms); neuro-emotional (intellectual and emotional stress, shift work, often with a lack of time and in extreme situations); ergonomic (work in a forced position and when operating ergonomically inadequate equipment).

Definition of the terms "hazardous production factor", "harmful production factor", "safe working conditions"

. Harmful production (HPF) is such a production factor, the impact of which on a worker under certain conditions leads to illness or reduced ability to work.

Diseases that occur under the influence of harmful factors are called occupational diseases.

The production factor, the impact of which on an employee can lead to his illness, is:

1) hazardous production factor;

2) light production factor;

3) harmful production factor;

4) heavy production factor;

5) unsafe production factor.

2. How many decibels is the range of human auditory perception:

1) 50; 2) 75; 3) 100; 4) 130; 5) 200?

3. The obligation of the employee to “comply with labor protection requirements established by laws and other regulatory legal acts, as well as labor protection rules and instructions” is enshrined in:

1) the Constitution of the Russian Federation;

2) the Labor Code of the Russian Federation;

3) organizational and technological documentation of the enterprise;

4) normative materials of NIITruda;

5) various GOSTs.

4. The concept of meteorological conditions of the working environment does not include:

1) air temperature;

2) thermal radiation from heated surfaces;

3) atmospheric pressure;

4) air speed;

5) lighting.

5. Physiologically optimal is relative humidity within:

1) 10-20%; 2) 20-30%; 3) 40-60%; 4) 70-80%; 5) 80-90%.

6. How many categories of visual work are established by the norms:

1) 3; 2) 4; 3) 5; 4) 8; 5) 11.

7. Which of the colors stimulates vigorous activity: 1) white; 2) green; 3) blue; 4) orange; 5) yellow.

8. How many colors should be used when painting equipment elements, depending on the role in the labor process:

1) 2; 2) 3; 3) 4; 4) 5; 5) 6.

9. The normal duration of working time per week in accordance with the Labor Code of the Russian Federation should not exceed, hours:

1} 30; 2) 35; 3) 40; 4) 45; 5) 50.

Correct answers: 1-3, 2-4, 3-2, 4-5, 5-3, 6-4, 7-4, 8-2, 9-3. SUMMARY

Working conditions are a complex object phenomenon that characterizes the parameters of the production environment. Working conditions - a set of factors of the working environment and the labor process that affect the performance and health of the employee. Occupational safety is a system for preserving the life and health of employees in the course of their work, including legal, socio-economic, organizational and technical,

sanitary and hygienic, treatment and prophylactic,

rehabilitation and other activities.

The concept of meteorological conditions of the working environment or microclimate includes: air temperature, its humidity and speed, atmospheric pressure and thermal radiation from heated surfaces. The degree of air pollution is characterized by the amount of impurities contained in the air - gases, vapors, dust in mg / l or mg / m 3. Excessive content of dust, vapors, gases in the air of working premises reduces the efficiency and productivity of labor, can cause work-related injuries, occupational diseases or deviations in health, detected both in the process of work and in remote periods of life of the present and subsequent generations.

Noise is any sound that adversely affects a person. Noise is usually a combination of sounds of different character, frequency and intensity. The human auditory organ perceives in the form of an audible sound vibrations of an elastic medium having a frequency of approximately from 20 to 20,000 Hz, but the most important interval for auditory perception is from 45 to 10,000 Hz. Physiological intensity is the degree of labor intensity, measured by the expenditure of muscular and nervous energy in the production process per unit of working time. The correct orientation of the worker during the operation of the equipment is facilitated by the correct coloring of the elements of the latter, depending on the role in the labor process. It is advisable to use no more than three colors: one for controls; the other is for parts that create the background of the workpiece; the third - for other painted surfaces. The mode of work and rest is the order of alternation established for each type of work and the duration of periods of work and rest.

There are the following types of work and rest regimes: shift, daily, weekly, monthly and annual. “Normal hours of work may not exceed 40 hours per week” (Article 91).