Article 218 of the Labor Code of the Russian Federation. Theory of everything

At the initiative of the employer and (or) at the initiative of employees or their representative body, committees (commissions) for labor protection are created. Their composition on a parity basis includes representatives of the employer and representatives of the elected body of the primary trade union organization or other representative body of employees. The model regulation on the committee (commission) on labor protection is approved by the federal executive body, which performs the functions of developing state policy and legal regulation in the field of labor.

The labor protection committee (commission) organizes joint actions of the employer and employees to ensure labor protection requirements, prevent occupational injury and occupational diseases, as well as organizing inspections of labor conditions and labor protection at workplaces and informing employees about the results of these inspections, collecting proposals for the section collective agreement(agreements) on labor protection.

Commentary on Art. 218 of the Labor Code of the Russian Federation

1. The work of committees (commissions) on labor protection is carried out in accordance with model provision on the committee (commission) for labor protection, approved by Order of the Ministry of Health and Social Development of Russia dated May 29, 2006 N 413 (Bulletin of labor and social legislation of the Russian Federation. 2006. N 6).

2. The committee (commission) on labor protection is integral part system of labor protection management of the organization, as well as one of the forms of participation of employees in the management of the organization in the field of labor protection.

3. The size of the committee (commission) for labor protection is determined depending on the number of employees in the organization, the specifics of production, the number structural divisions and other features by mutual agreement of the parties representing the interests of the employer and employees.

Second commentary on Article 218 of the Labor Code

1. Article 218 of the Labor Code of the Russian Federation provides for the creation (in addition to service) at the initiative of the employer and (or) employees or their representatives of a parity body from their representatives for the purpose of cooperation in the field of labor protection - a committee or commission on labor protection of the organization. The standard regulation on this committee (commission) is approved by the Ministry of Health and Social Development of the Russian Federation, and on its basis, local regulations on the committee (commission) on labor protection are developed and adopted.

2. The committee (commission) for labor protection of the organization develops a draft of the relevant collective agreement on the section "Labor protection", monitors its implementation, organizes other joint actions of the employer and employees to ensure labor protection requirements, prevent industrial injuries and occupational diseases.

The committee (commission) also organizes an inspection of labor conditions and labor protection at workplaces and informs employees about the results of these inspections, organizes the collection of proposals for the section of the collective agreement on labor protection issues.

Article 218. Committees (commissions) for labor protection

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

New edition Art. 218 of the Labor Code of the Russian Federation

Commentary on Article 218 of the Labor Code of the Russian Federation

Article 218 of the Labor Code of the Russian Federation determines that at the initiative of the employer and (or) at the initiative of employees or their representative body, committees (commissions) for labor protection are created. The composition of such a commission includes both representatives of the employer and representatives of the trade union of workers. The model regulation on the committee (commission) for labor protection was approved by Order of the Ministry of Health and Social Development of Russia dated May 29, 2006 N 413.

What questions are in the introduction of the committee? This body:

Considers the proposals of the employer, employees, trade unions and (or) other representative bodies authorized by employees to develop recommendations aimed at improving the conditions and labor protection of employees;

Provides assistance to the employer in organizing training of employees on labor protection, safe methods and techniques for performing work, as well as testing knowledge of labor protection requirements and conducting timely and high-quality briefing of employees on labor protection;

Participates in conducting surveys of the state of conditions and labor protection in the organization, reviewing their results and developing recommendations for the employer to eliminate the identified violations;

Informs the employees of the organization about the measures taken to improve working conditions and labor protection, prevent industrial injuries, occupational diseases;

Brings to the attention of the employees of the organization the results of certification of workplaces in terms of working conditions and certification of work on labor protection;

Tells employees about the current regulations for the provision of flushing and disinfecting agents, certified special clothing, special footwear and other means personal protection, the correctness of their use, organization of storage, washing, cleaning, repair, disinfection and disinfection;

Facilitates pre-employment screening and periodic medical examinations and compliance with medical recommendations in employment;

Promotes the timely provision of employees of the organization engaged in work with harmful or dangerous working conditions, milk, other equivalent food products and therapeutic and preventive nutrition;

Participates in the consideration of issues of financing labor protection measures in the organization, mandatory social insurance from accidents at work and occupational diseases, as well as control over the expenditure of funds of the organization and the FSS of Russia allocated for preventive measures to reduce occupational injuries and occupational diseases;

Assists the employer in introducing more advanced technologies into production, new technology, automation and mechanization production processes in order to create safe working conditions, eliminate heavy physical work;

Prepares proposals for improving work on labor protection and maintaining the health of workers, creating a system of moral and material incentives for employees who comply with labor protection requirements and ensure the preservation and improvement of their health;

Considers drafts of local regulatory legal acts on labor protection and prepares proposals on them to the employer, the elected trade union body and (or) another representative body authorized by employees.

The Committee has the right:

Receive from the employer information about the state of working conditions at the workplace, industrial injuries and occupational diseases, the presence of dangerous and harmful production factors and measures to protect against them, about the existing risk of damage to health;

Hear reports from the employer (its representatives), heads of structural divisions and other employees of the organization at the meetings of the committee on their fulfillment of their obligations to ensure safe conditions and labor protection at the workplace and compliance with the guarantees of the rights of employees to labor protection;

Hear at meetings of the committee of managers and other employees of the organization who committed violations of labor protection requirements that entailed serious consequences, and make proposals to the employer on holding them accountable in accordance with the legislation of the Russian Federation;

Participate in the preparation of proposals for a section of the collective agreement (agreement on labor protection) on issues within the competence of the committee;

Make proposals to the employer on the promotion of employees of the organization for Active participation in work to create working conditions that meet the requirements of safety and hygiene;

Promote Resolution labor disputes related to violations of labor protection legislation, changes in working conditions, issues of providing compensation to employees employed in harmful and (or) dangerous working conditions.

The committee is created at the initiative of the employer and (or) at the initiative of employees or their representative body on a parity basis (each party has one vote, regardless of the total number of representatives of the party) from representatives of the employer, trade unions or other representative body authorized by employees.

The number of the committee is determined depending on the number of employees in the organization, the specifics of production, the number of structural units and other features, by mutual agreement of the parties representing the interests of the employer and employees.

The nomination of representatives of the employees of the organization to the committee can be carried out on the basis of the decision of the elected body (s) of the primary (-s) trade union organization (s), if it (they) unites (-s) more than half of the employees , or at a meeting (conference) of employees of the organization; representatives of the employer - the employer.

The composition of the committee is approved by the order (instruction) of the employer.

The committee elects from among its members a chairman, deputies from each party and a secretary. The chairman of the committee, as a rule, is the employer or his responsible representative, one of the deputies is a representative of an elected trade union body and (or) another representative body authorized by employees, the secretary is an employee of the labor protection service.

The Committee carries out its activities in accordance with the regulations and work plan developed by it.

Members of the committee must undergo training in labor protection at the expense of the employer, as well as the funds of the FSS of Russia (insurer) in accordance with the procedure established by the federal executive body exercising the functions of legal regulation in the field of labor, in the direction of the employer to specialized courses not less than once every three years.

Members of the committee inform at least once a year the elected body of the primary trade union organization or the meeting (conference) of workers about the work they have done in the committee. The elected body of the primary trade union organization or the meeting (conference) of employees of the organization has the right to recall their representatives from the committee and nominate new representatives to its composition. The employer has the right, by his decision, to recall his representatives from the committee and appoint new representatives in their place.

Ensuring the activities of the committee, its members (release from the main work for the period of performance of duties, training, etc.) is established by a collective agreement, a local regulatory legal act of the organization.

Another commentary on Art. 218 of the Labor Code of the Russian Federation

1. Recommendations on the formation and organization of the activities of joint committees (commissions) for labor protection in organizations with more than 10 employees were approved by the Decree of the Ministry of Labor of Russia of October 12, 1994 N 64 (BMT RF. 1994. N 11). When developing local regulations on the committee (commission) on labor protection, it should be borne in mind that this body is created on a parity basis from representatives of employers, trade unions and other representatives of employees and carries out its activities in order to cooperate and regulate relations between employers and employees in the field of labor protection labor.

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

Committee members perform their duties on a voluntary basis, as a rule, without being released from their main job, unless otherwise provided for in the collective agreement.

2. Decree of the Ministry of Labor of Russia dated January 17, 2001 N 7 approved the Recommendations on the organization of the office of labor and the corner of labor protection (BMT RF. 2001. N 2). The office and corner of labor protection are created in order to ensure the requirements of labor protection, the dissemination of legal knowledge, and the conduct of preventive work to prevent industrial injuries and occupational diseases. Under the office, it is recommended to allocate a special room, which is equipped technical means, teaching aids and samples, illustrated and informational materials on labor protection.

Article 216. State administration of labor protection

State management of labor protection is carried out by the Government of the Russian Federation directly or on its behalf by the federal executive body responsible for the development of state policy and legal regulation in the field of labor, as well as other federal executive bodies within their powers.

Part two is no longer valid.

The federal executive authorities, which have been granted the right to exercise certain functions of legal regulation, special permitting, supervisory and control functions in the field of labor protection, are obliged to coordinate their decisions in the field of labor protection, as well as coordinate their activities with the federal executive body, performing the functions of legal regulation in the sphere of labor.

State management of labor protection in the territories of the constituent entities of the Russian Federation is carried out by federal executive authorities and executive authorities of the constituent entities of the Russian Federation in the field of labor protection within their powers. Separate powers for the state management of labor protection can be transferred to bodies local government in the manner and under the conditions specified federal laws and laws of subjects of the Russian Federation.

In order to government controlled Occupational Safety The Government of the Russian Federation, authorized federal executive bodies:

ensure the development of regulatory legal acts that define the foundations of state management of labor protection;

develop federal targeted programs improve working conditions and labor protection and ensure control over their implementation;

establish the procedure for organizing and conducting training on labor protection for employees, including heads of organizations, as well as employers - individual entrepreneurs, checking their knowledge of labor protection requirements, as well as the procedure for organizing and conducting training in first aid for victims at work, briefing on labor protection, on-the-job training;

establish the procedure for the implementation of the state examination of working conditions, the procedure for conducting a special assessment of working conditions;

develop measures for economic incentives for employers to ensure safe working conditions;

ensure the interaction of federal executive authorities, executive authorities of the constituent entities of the Russian Federation, associations of employers, trade unions and their associations on the implementation of state policy in the field of labor protection;

coordinate research work in the field of labor protection and ensure the dissemination of advanced domestic and foreign experience work to improve working conditions and labor protection;

organize international cooperation in the field of labor protection;

exercise other powers in the field of state management of labor protection in accordance with federal laws and other regulatory legal acts Russian Federation.

For the purposes of state management of labor protection, the executive authorities of the constituent entities of the Russian Federation in the field of labor protection:

ensure the implementation on the territory of the subject of the Russian Federation of the state policy in the field of labor protection and federal target programs for improving working conditions and labor protection;

develop and approve territorial target programs for improving working conditions and labor protection and ensure control over their implementation;

coordinate on the territory of the subject of the Russian Federation, in accordance with the established procedure, training on labor protection for employees, including heads of organizations, as well as employers - individual entrepreneurs, testing their knowledge of labor protection requirements, as well as training in first aid for victims at work;

carried out on the territory of the subject of the Russian Federation in accordance with the established procedure state expertise working conditions;

organize the collection and processing of information on the state of conditions and labor protection from employers operating in the territory of a constituent entity of the Russian Federation;

exercise other powers in the field of state management of labor protection, not related to the powers of the federal executive authorities, in accordance with the laws and other regulatory legal acts of the constituent entities of the Russian Federation.

Article 216.1. State examination of working conditions

The state examination of working conditions is carried out by the federal executive body authorized to conduct federal state supervision over compliance with labor law and other regulatory legal acts containing norms labor law, and executive authorities of the constituent entities of the Russian Federation in the field of labor protection in the manner established by the federal executive authority authorized by the Government of the Russian Federation.

If the documentation and materials for the state examination of working conditions were not submitted by persons entitled to apply for a state examination of working conditions, the bodies authorized to conduct a state examination of working conditions independently request the specified documentation and materials from the bodies and organizations, in in respect of which the state examination of working conditions is carried out, as well as in the bodies providing public services, other state bodies, local governments and subordinate government bodies or to local self-government bodies of organizations, if the specified documentation and materials are at the disposal of such bodies or organizations in accordance with the regulatory legal acts of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation, municipal legal acts.

The state examination of working conditions is carried out in order to assess:

the quality of a special assessment of working conditions;

the correctness of providing employees with guarantees and compensations for work with harmful and (or) dangerous working conditions;

the paragraph is invalid;

actual working conditions of workers.

State examination of working conditions is carried out on the basis of determinations of judicial bodies, appeals of executive authorities, employers, associations of employers, employees, trade unions, their associations, other representative bodies authorized by employees, bodies of the Social Insurance Fund of the Russian Federation.

Persons carrying out state examination of working conditions have the right to:

in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, without hindrance in the presence of a certificate standard pattern to visit any employers (organizations regardless of their organizational and legal forms and forms of ownership, as well as employers - individuals) for the examination;

request and receive free of charge the documents and other materials necessary for the examination;

carry out appropriate observations, measurements and calculations with the involvement, if necessary, of research (measuring) laboratories accredited in the manner prescribed by federal laws and other regulations Russian Federation.

Persons carrying out state examination of working conditions are obliged to:

draw up, based on the results of the examination, conclusions on the compliance (non-compliance) of working conditions with state regulatory requirements for labor protection and send these conclusions to the court, executive authorities, employers, associations of employers, employees, trade unions, their associations, other representative bodies authorized by employees, bodies the Social Insurance Fund of the Russian Federation;

ensure the objectivity and validity of the conclusions set out in the conclusions;

ensure the safety of documents and other materials received for the examination, and the confidentiality of the information contained in them.

Article 217. Labor protection service in an organization

In order to ensure compliance with labor protection requirements, to monitor their implementation, each employer who exercises production activities If the number of employees exceeds 50, a labor protection service is created or the position of a labor protection specialist with appropriate training or experience in this field is introduced.

The employer, the number of employees of which does not exceed 50 people, decides on the creation of a labor protection service or the introduction of the position of a labor protection specialist, taking into account the specifics of his production activity.

If the employer does not have a labor protection service, a full-time labor protection specialist, their functions are carried out by the employer - individual entrepreneur(personally), the head of the organization, another employee authorized by the employer, or an organization or specialist providing services in the field of labor protection, attracted by the employer under a civil law contract. Organizations providing services in the field of labor protection are subject to mandatory accreditation, with the exception of organizations conducting a special assessment of working conditions, the procedure for accreditation of which is established by legislation on special evaluation working conditions. The list of services for the provision of which accreditation is required, the rules for accreditation, which include accreditation requirements that organizations providing services in the field of labor protection must comply with, the procedure for monitoring the activities of accredited organizations, the procedure for suspending or withdrawing accreditation are established by the federal executive body exercising functions for the development of state policy and legal regulation in the sphere of labor.

The structure of the labor protection service in the organization and the number of employees of the labor protection service are determined by the employer, taking into account the recommendations of the federal executive body that performs the functions of legal regulation in the field of labor.

Article 218. Committees (commissions) for labor protection

Full text of Art. 218 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice under article 218 of the Labor Code of the Russian Federation.

Commentary on Article 218 of the Labor Code of the Russian Federation

1. The committee (commission) on labor protection is created:
- at the initiative of the employer;
- on the initiative of employees;
- at the initiative of the representative body of employees.

The model regulation on the committee (commission) for labor protection was approved by order of the Ministry of Labor of Russia dated June 24, 2014 N 412n.

It provides for the main tasks, functions and rights of the committee (commission) for labor protection.

The regulation on the committee (commission) on labor protection of the organization is approved by the order (instruction) of the employer, taking into account the opinion of the elected body of the primary trade union organization or other representative body authorized by the employees of the organization.

These committees (commissions) are created on a parity basis - each party has one vote, regardless of the total number of representatives of the party.

The committee (commission) includes representatives of:
- employer;
- trade unions;
- other representative body authorized by employees.

2. According to the commented article, the main content of the activities of the committee (commission) on labor protection is:
- organization of joint actions of the employer and employees to ensure the requirements of labor protection;
- prevention of industrial injuries and occupational diseases;
- organization of inspections of conditions and labor protection at workplaces;
- informing employees about the results of these inspections;
- collection of proposals for the section of the collective agreement (agreement) on labor protection.

The model regulation on the committee (commission) on labor protection defines the tasks, functions and rights of representatives of the committee (commission) on labor protection of the organization formulated in accordance with these areas of work.

Members of this committee must undergo, in accordance with the established procedure, training in labor protection at the expense of the employer or financial support for preventive measures to reduce occupational injuries and occupational diseases of workers and sanatorium-and-spa treatment for workers employed in work with harmful and (or) dangerous production factors.

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