State bodies for control over labor protection. State supervision and control over labor safety

State management of labor protection is carried out by the Government of the Russian Federation directly or on its instructions by the federal executive body for labor, etc. federal authorities executive power.

Federal executive authorities, which are granted the right to exercise certain functions of normative legal regulation, special permitting, supervisory and control functions in the field of labor protection, are required to coordinate the decisions they make in the field of labor protection, as well as coordinate their activities with the federal executive authority for labor.

In accordance with the Federal Law “On the Fundamentals of Occupational Safety and Health in the Russian Federation,” occupational safety and health management is carried out by executive and legislative authorities and the Ministry of Labor and Social Development of the Russian Federation.

The local administration, in accordance with the Federal Law “On Local Self-Government in the Russian Federation,” ensures compliance with sanitary standards and hygienic standards in the territory of its districts, incl. and at production facilities.

The most important body for managing occupational safety is the enterprise's labor protection service, which monitors compliance with safety requirements defined by legislative and regulatory legal acts, and organizes work to improve working conditions and labor protection at the enterprise.

In organizations, at the initiative of the employer and (or) employees, labor protection committees (commissions) are created, which includes representatives of the employer, trade unions or other representative body authorized by the employees, and which organizes joint actions of the employer and employees to ensure labor protection requirements, prevent industrial accidents injuries and occupational diseases, conducting inspections of labor conditions and labor protection at workplaces and informing the employee about the results of these inspections, collecting proposals on labor protection.

Supervision and control over compliance with legislative and regulatory legal acts is carried out through state supervision and departmental control.

Federal Labor Inspectorate (Rostrudinspektsiya) under the Ministry of Labor of Russia - the main body of state supervision and control. Subordinate to her are the state labor inspectorates of the constituent entities of the Russian Federation and interregional inspectorates. It supervises and controls compliance with Russian legislation on labor and labor protection, regulations on compensation for harm caused to employee health, on social insurance and the implementation of collective agreements at enterprises, regardless of their form of ownership.

Federal Mining and Industrial Supervision of Russia (Gosgortekhnadzor) carries out supervision and control over the correct design and safe operation of lifting mechanisms, pressure vessels and the safe conduct of work during the development of mineral resources.

State sanitary and epidemiological supervision of the Ministry of Health of the Russian Federation (Gossanepidnadzor) supervises compliance by enterprises with hygienic and sanitary standards and rules.

State Energy Supervision of Russia (Gosenergonadzor) supervises the correct design and safe operation of electrical and heat-using installations.

Federal Supervision of Russia for Nuclear and Radiation Safety (Atomnadzor) supervises compliance with the operating rules of installations that are sources of ionizing radiation.

Fire supervision of Russia (Rospozhnadzor) supervises compliance with fire safety requirements and the implementation of fire preventive measures.

State examination of working conditions of the Russian Federation works in cooperation with the listed supervisory authorities and exercises control over dangerous and harmful work, determines the list of industries, works, professions, positions for which preferential pensions are established, additional leaves, benefits and compensation are provided, carries out organizational and methodological management of the certification of workplaces according to working conditions and monitoring its results, certification of production facilities for compliance with labor protection requirements.

Departmental control Occupational safety and health is monitored by the labor safety services of ministries and departments. At enterprises, it is carried out by the enterprise’s labor protection service, and in its absence (with a small number of employees) - by labor protection engineers or persons who, by order, are entrusted with the performance of these duties, as well as heads of departments and sections.

Public control Trade unions monitor compliance with labor and labor protection laws.

Types of monitoring of labor conditions and labor protection can be

    selective,

    solid,

    certification,

    planned,

    unscheduled,

  • complex.

Unscheduled inspections carried out by the labor protection service in connection with various failures, accidents, incidents.

Targeted checks carried out throughout production, as a result, production equipment or collective protective equipment (ventilation, lighting) is controlled.

Comprehensive checks carried out on the scale of a separate production site, while all types of equipment, technological processes, personal and collective protective equipment and the condition of building structures are monitored for compliance with safety requirements.

Based on the results of monitoring labor conditions and safety, including inspections of the relevant supervisory and control bodies, work is planned to improve them. Plans may be

    promising – associated with the implementation of major plans, the implementation of which is planned for several years,

    current - compiled for the year,

    operational – aimed at eliminating the consequences various kinds accidents

An assessment of working conditions and labor protection at an enterprise allows us to determine priority areas of work to improve them. Criteria such as:

labor protection level coefficient

K from = (K sp + K b + K vpr)/3

where Ksp is the coefficient of the level of compliance with labor safety rules for workers,

К b – equipment safety factor,

Kvpr – coefficient of implementation of planned work on labor protection

coefficient of level of compliance with labor safety rules by workers

K sp = (number of workers in compliance with the rules) / total number of workers

equipment safety factor



where n i is the number of security requirements to be met,

N i – total number of regulatory requirements,

p – number of types of equipment in the workshop.

coefficient of completion of planned work on labor protection To vpr

determined by the ratio of the number of activities actually completed and planned for a given month for all types of plans, instructions, orders

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Introduction

Studying and solving problems related to ensuring healthy and safe conditions in which human work takes place is one of the most important tasks in the development of new technologies and production systems. Study and identification possible reasons industrial accidents, occupational diseases, accidents, explosions, fires, and the development of measures and requirements aimed at eliminating these causes make it possible to create safe and favorable conditions for human labor. Comfortable and safe conditions labor is one of the main factors influencing productivity and safety, and the health of workers.

Occupational safety is a system of legislative acts, socio-economic, organizational, technical and medical - preventive measures and means ensuring safety, preservation of human health and performance during the work process.

The legal field for management, supervision and control over occupational safety and health is formed by a diverse and developed system of legislative and regulatory legal acts that regulate various issues and aspects of complex and complex problem ensuring working conditions and safety. To implement legislative and regulatory requirements, an occupational safety and health management system (OSMS) has been created, each of the elements and bodies of which is assigned its own functions, responsibilities and area of ​​activity, its order and procedure.

According to the legal level, documents regulating occupational safety issues can be divided into legislative acts, regulatory legal acts and others regulations on labor protection of federal legislative and executive authorities Russian Federation, as well as its subjects.

Currently, control over the state of labor protection at enterprises is being strengthened. Regulatory legal documents Direct management, control and supervision by the state over the state of conditions and organization of labor protection is legislatively established.

The legal basis for public administration, control and supervision of compliance with labor protection and industrial safety requirements is:

1. In the field of labor protection - the Labor Code of the Russian Federation;

2. In the field of industrial safety - the federal law“On industrial safety of hazardous production facilities” dated July 21, 1997 No. 116, defining public administration industrial safety and state control and supervision of compliance with industrial safety requirements.

State management of labor protection consists of implementing the main directions of state policy in the field of labor protection, developing laws and other regulatory legal acts in this area, as well as requirements for means of production, technologies and labor organization that guarantee workers health and safe working conditions.

State management of industrial safety consists of implementing the main directions of state policy in the field of industrial safety, developing laws and other regulatory legal acts in this area, as well as industrial safety requirements for hazardous production facilities.

State control and supervision is the implementation of actions to control and supervise the implementation by state authorities, local governments, their officials, legal entities and citizens of current legislation.

1. Bodies of state control and supervision of labor protection and industrial safety

1.1 Structure of federal bodies for labor protection management, control and supervision of labor protection and industrial safety

In the field of labor protection and industrial safety, powers between the control and supervisory authorities of the Russian Federation are distributed as follows:

State management of labor protection and industrial safety is carried out by the Government of the Russian Federation directly or on its instructions by a federal executive body;

Control and supervision of compliance with labor protection requirements is carried out by the Federal Labor Inspectorate (Rostrudinspektsiya), which is part of the Federal Service for Labor and Employment (Rostrud);

Control and supervision in the healthcare sector is carried out by the Federal Service for Surveillance in Healthcare and Social Development (Roszdravnadzor);

Sanitary and epidemiological supervision is carried out by the Federal Service for the Protection of Consumer Rights and Human Welfare (Rospotrebnadzor), which oversees compliance by enterprises, organizations and institutions with hygienic and sanitary standards and rules. These services (including the Federal Service for Labor and Employment) are part of the Federal Ministry of Health and Social Development of the Russian Federation (Ministry of Health and Social Development);

Management, control and supervision of compliance with industrial safety requirements is carried out by the Federal Service for Environmental, Technological and Nuclear Supervision (Rostechnadzor), which united the former Gosgortekhnadzor. Supervises and controls the correctness of the device and safe operation lifting mechanisms, pressure vessels, as well as the safe conduct of work during the development of mineral resources, Energonadzor, which supervises the correct design and safe operation of electrical and heat-using installations. Atomic supervision, supervising compliance with the operating rules of installations that are sources of ionizing radiation and Environmental control;

Control and supervision of fire safety is carried out by the Fire Service, which is part of the Federal Ministry of the Russian Federation for Civil Defense, Emergency Situations and Disaster Relief (EMERCOM);

Control and supervision of transport safety is carried out by the Federal Service for Supervision of Transport, which is part of the Federal Ministry of Transport of the Russian Federation (STSI).

Constant corporate (production) control of compliance with labor protection and industrial safety requirements in the organization is carried out by:

1. Labor protection service (department) of the organization;

2. Production control service (PC) of the organization.

The main legislative acts regulating labor protection in the Russian Federation are:

Constitution of the Russian Federation;

Federal Law “On Industrial Safety of Hazardous Production Facilities” No. 116-1997;

Federal Law “On compulsory social insurance against accidents at work and occupational diseases” No. 125-1998;

Federal Law “On the Sanitary and Epidemiological Welfare of the Population” No. 52-1999, etc.;

Labor Code Russian Federation (Code). The Code significantly reflects labor safety issues. It states that every employee has the right to working conditions that meet safety and hygiene requirements, to mandatory social insurance, for compensation for damage caused to an employee in connection with the performance of work duties, and a number of others. Special section X “Occupational Safety” is devoted to issues of labor protection, which legally defines:

* responsibilities of the employer and employee to ensure safe working conditions;

* medical examinations certain categories of workers (working in transport enterprises, Food Industry, trade, etc., exposed to HFPF);

* the need for production facilities and products to comply with labor protection requirements;

* workers' rights to labor protection and guarantees of such rights;

* the obligation of employees, including managers, to undergo training and knowledge testing on labor protection;

* industrial accidents subject to investigation, the employer's responsibilities in the event of an accident, the procedure for investigating accidents, filing investigation materials and considering disagreements regarding investigation materials.

Based on their generality and effect, legislative and regulatory legal acts are divided into five levels.

1. Uniform acts valid throughout Russia for all enterprises, organizations, institutions and establishing the basic principles and rules of the state in the field of labor protection. These include federal laws, presidential decrees, decrees of the Government and federal ministries and departments. Such acts are approved by the State Duma, the President, the Government, federal ministries and departments (for example, the Ministry of Labor and Social Development).

2. Intersectoral acts valid in all sectors of the economy without exception. These include, for example, occupational safety system standards, sanitary standards and rules for working with certain hazardous and harmful production factors, hygiene standards, etc. Such regulations are developed and approved only by specially authorized federal bodies.

3. Acts of the subjects of the Federation, valid only on the territory of the subject and regulating certain issues of labor protection in relation to the subject. They are developed and approved by the legislative and executive bodies of the constituent entities of the Federation.

4. Industry acts that are valid only in one or another industry (metallurgical, chemical, textile) and have no legal force in other industries. They are developed and approved by line ministries and departments or other authorized bodies (for example, Gosgortekhnadzor, State Sanitary and Epidemiological Supervision, etc.) in relation to a specific industry.

5. Regulatory legal acts of the enterprise, which are documents on labor protection that are valid only at a specific enterprise (orders, decisions, instructions).

Legislative and regulatory legal acts are more than low level must not contradict acts no longer high level. Thus, industry acts should not contradict inter-industry ones, regional ones - unified and inter-industry ones, enterprises - industry ones.

1.2 Bodies of labor safety management, supervision and control over labor protection

State management of labor protection is carried out by the Government of the Russian Federation directly or on its instructions by the federal executive body for labor and other federal executive bodies. The distribution of powers in the field of labor protection between federal executive authorities is carried out by the Government of the Russian Federation.

Federal executive authorities, which are granted the right to exercise certain functions of normative legal regulation, special permitting, supervisory and control functions in the field of labor protection, are required to coordinate the decisions they make in the field of labor protection, as well as coordinate their activities with the federal executive authority for labor.

Occupational safety management is carried out by governing bodies of several levels: federal, regional, municipal, and enterprises.

The local administration, in accordance with the Federal Law “On Local Self-Government in the Russian Federation,” ensures compliance sanitary rules, norms and hygiene standards in their areas, including at production facilities.

The most important body for managing occupational safety is the enterprise's labor protection service, which monitors compliance with safety requirements defined by legislative and regulatory legal acts, and organizes work to improve working conditions and labor protection at the enterprise.

In organizations, at the initiative of the employer and (or) employees, labor protection committees (commissions) are created. Their composition on a parity basis includes: a labor protection specialist, a representative of the employer, trade unions or other representative body authorized by the 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, conduct inspections of labor conditions and labor protection in the workplace and inform employees about the results of these inspections, and collect proposals for labor protection.

The most important function of the occupational safety management system is supervision and control over compliance with laws and regulations. Supervision and control of labor protection is carried out through state supervision and departmental control.

The Federal Labor Inspectorate (Rostrudinspektsiya) under the Ministry of Health and Social Development is the main body of state supervision and control.

The Fire Supervision of Russia (EMERCOM) supervises compliance with fire safety requirements and the implementation of fire prevention measures.

The listed supervisory authorities, as well as the Rostrudinspektsiya, are structured on a territorial basis. Representatives specified bodies they have a right:

* unhindered access to subordinate facilities;

* to receive from executive authorities, local governments and management of enterprises, organizations and institutions all the information necessary for their work;

* issue mandatory instructions to employers and officials: impose fines on them in accordance with the established legislation of the Russian Federation on administrative offenses;

* suspend the operation of individual units and equipment if there is a threat to the life and health of workers until it is eliminated.

Departmental control over labor protection is carried out by the labor protection services of ministries and departments. At enterprises, organizations and institutions, this control is carried out by the labor protection services of enterprises, and in their absence (with a small number of employees) - by labor protection engineers or persons who are entrusted with the performance of these duties by order. In addition, this type of control is carried out by the heads of departments and sections.

Public control over compliance with labor and labor protection legislation is carried out by trade unions, in particular trade union commissions. In addition, authorized representatives (trusted representatives) of the labor collective are elected who exercise public control.

Types of monitoring conditions and labor protection can be selective, continuous, certification, planned, unscheduled, targeted, complex.

Unscheduled inspections are carried out by the labor protection service in connection with various failures, accidents, and incidents.

Targeted inspections are carried out, as a rule, throughout the entire production. During their implementation it is controlled certain type production equipment or collective protective equipment (for example, ventilation, lighting).

Comprehensive inspections are carried out on the scale of an individual production site, and all types of equipment, technological processes, collective and individual protective equipment, as well as the condition of the building structures of the premises (shop) are monitored for compliance with safety requirements.

2. Federal Labor Inspectorate - state body for supervision of compliance with labor legislation

2.1 Main functions and tasks of the federal labor inspection bodies

The Federal Labor Inspectorate is a unified centralized system of state bodies exercising supervision and control over compliance with labor legislation and other regulatory legal acts containing standards labor law, on the territory of the Russian Federation.

The Federal Labor Inspectorate in its activities is guided by the Constitution of the Russian Federation, federal laws, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, as well as the Labor Code of the Russian Federation.

The main task of the Federal Labor Inspectorate is to supervise and control compliance with the legislation of the Russian Federation on labor and labor protection in order to ensure the protection of the labor rights of citizens, including the right to safe working conditions.

The Federal Labor Inspectorate carries out its activities in cooperation with law enforcement agencies, with federal executive authorities, which are granted the right to exercise, within the limits of their powers, the functions of supervision and control, with state authorities of the constituent entities of the Russian Federation and local governments, associations of employers and associations of trade unions , other government and public organizations.

State supervision and control over compliance with the legislation of the Russian Federation on labor and labor protection is carried out by labor safety inspectors and other officials of the federal labor inspectorate.

The activities of the Federal Labor Inspectorate are managed by the Chief State Labor Inspector of the Russian Federation, who is appointed and dismissed by the Government of the Russian Federation.

Federal labor inspectorates, in accordance with the tasks assigned to them, perform the following main functions:

1) carry out state supervision and control over compliance with the legislation of the Russian Federation on labor and labor protection in the relevant territory;

2) investigate industrial accidents in the prescribed manner, analyze their causes and develop proposals for the prevention of such cases;

3) consider cases of administrative offenses in accordance with the legislation of the Russian Federation;

4) inform the relevant state authorities and local governments about facts of violation of the legislation of the Russian Federation on labor and labor protection;

5) participate in work on legal education, dissemination of knowledge on compliance with the legislation of the Russian Federation on labor and labor protection;

6) summarize the experience of applying the legislation of the Russian Federation on labor and labor protection;

7) receive citizens, consider applications, complaints and other requests from citizens about violations of their labor rights;

8) prepare reports on the results of the activities of the federal labor inspectorate.

Unlike the previously existing Rostrudinspektsiya, the federal labor inspection bodies have vertical (in the system of the Federal Service for Labor and Employment of the Ministry of Health and Social Development of the Russian Federation), rather than horizontal subordination and do not depend in their activities on state authorities and local governments.

The main tasks of the Federal Labor Inspectorate:

a) ensuring compliance and protection of labor rights and freedoms of citizens, including their right to safe working conditions;

b) ensuring compliance by employers with labor legislation;

c) providing the parties to labor relations with information about the most effective means and methods of compliance with labor laws;

d) bringing to the attention of the relevant government authorities facts of violations, actions (inaction) or abuses that do not fall under the scope of laws and other regulatory legal acts.

Employee representatives in social partnership are trade unions and (or) other representatives elected by employees.

Coordination of the activities of state supervision and control bodies and public control bodies carried out by trade unions (their associations) on compliance with laws and other regulatory legal acts containing labor law norms is carried out by the federal labor inspectorate.

2.2 Basic rights and powers of the federal labor inspection bodies

State labor inspectors (legal, occupational safety) when carrying out supervisory and control activities have the right to:

a) freely visit organizations of all legal forms and forms of ownership for the purpose of conducting inspections at any time of the day, provided they have standard identification documents;

b) request from employers and their representatives, executive authorities and local governments and receive from them free of charge documents, explanations, information necessary to perform supervisory and control functions;

c) remove samples of used or processed materials and substances for analysis, notifying the employer or his representative about this and drawing up a corresponding report;

d) investigate industrial accidents in accordance with the established procedure;

e) present to employers and their representatives mandatory orders to eliminate violations of labor legislation and other regulatory legal acts containing labor law norms, to restore the violated rights of employees, to bring those responsible for these violations to disciplinary liability or to remove them from office;

f) suspend the work of organizations, individual production units and equipment when violations of labor protection requirements are identified that pose a threat to the life and health of workers, until these violations are eliminated;

g) submit to the courts, in the presence of conclusions of the state examination of working conditions, demands for the liquidation of organizations or termination of the activities of their structural divisions due to violation of labor protection requirements;

h) remove from work persons who have not completed training in accordance with the established procedure safe methods and methods of performing work, instruction on labor protection, on-the-job training and testing of knowledge of labor protection requirements;

i) prohibit the use and production of personal and collective protective equipment for workers that does not have certificates of conformity or does not meet labor protection requirements;

j) issue permits for construction, reconstruction, technical re-equipment of production facilities, production and introduction of new equipment, introduction of new technologies and conclusions on the possibility of commissioning new or reconstructed production facilities;

k) attract to administrative responsibility in the manner established by the legislation of the Russian Federation, persons guilty of violating laws and other regulatory legal acts containing labor law norms. If necessary, invite them to the labor inspection body in connection with cases and materials in progress, and also send them to law enforcement agencies materials on attracting specified persons to criminal liability, to bring claims in court;

l) act as experts in court on claims for violation of laws and other regulatory legal acts containing labor law standards, for compensation for harm caused to the health of workers at work.

State labor inspectors, who, in exercising their rights and performing their duties, are authorized representatives of the state and are under its protection. They are independent from government bodies and officials and are guided only by the Constitution of the Russian Federation and other normative legal acts.

The main authority of the federal labor inspectorate is to carry out state supervision and control over compliance with labor legislation in all organizations through inspections, surveys, issuing binding orders to eliminate identified labor offenses, and bringing those responsible to justice in accordance with federal law. All other powers are subordinated to this main one.

Control measures, including those carried out by federal labor inspectorates, can be planned or unscheduled.

In relation to one legal entity, each state control (supervision) body can carry out a planned control event no more than once every two years.

An unscheduled inspection, the subject of which is monitoring the implementation of orders to eliminate identified violations, is subject to the activities of a legal entity when violations of mandatory requirements are identified as a result of a planned monitoring event.

Unscheduled control activities are carried out by state control (supervision) bodies also in the following cases:

Receiving information from legal entities, individual entrepreneurs, government authorities about the occurrence of emergency situations, about changes or violations of technological processes, as well as about the failure of structures and equipment that can directly cause harm to the life, health of people, the environment and the property of citizens, legal entities and individuals entrepreneurs;

The emergence of a threat to the health and life of citizens, pollution environment, damage to property, including in relation to similar goods (works, services) of other legal entities and (or) individual entrepreneurs;

Appeals from citizens, legal entities and individual entrepreneurs with complaints about violations of their rights and legitimate interests by actions (inaction) of other legal entities related to their failure to comply with mandatory requirements, as well as obtaining other information supported by documents and other evidence indicating the presence of signs of such violations .

Unscheduled control activities may be carried out based on a reasoned decision of the state control (supervision) body. Based on the frequency of scheduled control activities established by law, it seems that the period of time for which the organization is subject to inspection should also be two years.

The state labor inspector can carry out control (supervision) measures only if he has the appropriate order (order). The form of this document is not officially approved, so each inspection develops it independently. When appearing in an organization, the inspecting official is required to present the order, as well as his official identification, to the head of the organization being inspected.

The order must indicate:

Document number and date;

Name of the federal labor inspection body conducting the inspection;

Last name, first name, patronymic of the state labor inspector authorized to carry out control measures;

Name of the organization subject to inspection;

Goals, objectives, subject of the event;

Legal grounds for monitoring, including regulatory legal acts, the requirements of which are subject to verification;

Start and end date of control activities.

When conducting an inspection, state legal inspectors request the following documents: collective agreement; employment contract. Internal labor regulations; staffing schedule; vacation schedule; a document establishing the procedure for processing personal data of employees; work books; agreements on full financial liability. Other documents; orders (personnel, production) and reasons for them; order registration book; book of accounting for the movement of labor books. Personal cards of employees (form No. T-2); salary statements; time sheets (form No. T-13); overtime work log; journal of registration of travel certificates; list of workers under 18 years of age. List of pregnant workers and working women with children under three years of age, single mothers; persons caring for disabled children and people with disabilities since childhood. List of disabled workers; list of employees engaged in work with hazardous and (or) dangerous conditions labor; information about overdue wages (form No. 3-F); information about the presence/absence of debt for other payments. The list of documents is directly established by the Labor Code of the Russian Federation.

Registration of the inspection results begins with the issuance of an act. It is usually called this: Act of verification of compliance with labor and labor protection legislation.

The document is drawn up by the official in any case: both when it is necessary to record identified violations, and when no flaws are noted in the company. The inspection report is drawn up in two copies - one remains with the inspector, the other is handed over to the employer (his representative) against receipt.

The act specifies:

Date, time and place of its compilation;

Name of the body carrying out the inspection;

Date and number of the order;

Last name, first name, patronymic and position of the inspector;

Name of the organization, last name, first name, patronymic, position of the representative of the organization present during the inspection;

Date, time and place of the inspection;

List of documents required during the inspection;

Information about the results of the inspection, including any violations identified;

Information about familiarization or refusal to familiarize with the contents of the act of the representative of the organization;

Signature of the official who carried out the inspection.

By signing the act, the manager confirms that he has read the document. This does not at all mean that he agrees with the results of the audit. Opinion of the company's chief executive in this case may not coincide with the opinion of the inspection official.

Unlike an inspection report, an order is issued only if violations are detected in the work of the organization.

This is the final verdict of the legal inspector, allowing you to judge whether your organization is complying with the law. The purpose of the document is to give the employer binding instructions to eliminate existing violations and to bring those responsible to disciplinary action.

The document indicates the period during which the employer must correct certain violations, and the period within which the legal inspector must be informed about this.

One copy of the order with copies of attachments (protocols of studies and examinations, explanations from employees) is handed over to the employer or his representative against signature. The order can also be sent to the organization by mail with acknowledgment of receipt. Later, the notification is attached to a copy of the order remaining in the file of the inspecting inspector.

When reading the protocol, his rights and obligations should be explained. In particular, the right to become familiar with the contents of the protocol, the right to refuse to sign it. All comments, objections, explanations regarding the contents of the document must be taken into account by the inspector and drawn up as an addition to the protocol.

Decisions of state labor inspectors can be appealed to the relevant head of subordination, the chief state labor inspector of the Russian Federation and (or) judicial procedure. Decisions of the chief state labor inspector of the Russian Federation can be appealed in court.

An alternative jurisdiction for labor disputes has been established on issues of state supervision and control, i.e. this question is left to the discretion of an official of the organization's administration. You can appeal the decision of the state labor inspector to the relevant manager according to his subordination, i.e. to the head of the Rostrudinspektsiya body in which this state labor inspector works, or to the chief state labor inspector and (or) to the court. Thus, the complainant has the right to submit two complaints simultaneously: one to the chief labor inspector, the other to the court.

Conclusion

In conclusion, I would like to conclude that the issue of labor protection is one of the most important at the present stage of life of our society. At a time when employers set themselves the main task of extracting greatest number profits, and taking advantage of the emerging Lately In our country there is a shortage of jobs, when our citizens are ready to do the dirtiest work for meager pay; they pay little attention to, and sometimes even completely ignore, labor safety requirements.

The increase in the number of occupational diseases, industrial accidents leading to injuries and sometimes death, all this makes us think about the perfection of our legislation in the field of labor protection, and it seems that our legislative, executive and judicial bodies of government still have a lot to do work in this direction.

legal industrial federal healthcare

List of sources used

1. Andreev S.V. Occupational safety from “A” to “Z”: practical work. allowance / S.V. Andreev, O.S. Efremova. - Vol. 3. - M.: Alfa-Press, 2006. - 392 p.

2. Devisilov V.A. Occupational safety: textbook. / V.A. Devisilov. - 3rd ed., rev. and additional - M.: Forum: Infa-M, 2007. - 448 p.

3. On the sanitary and epidemiological welfare of the population: Federal Law of the Russian Federation of March 30, 1999 No. 52-FZ.

4. Labor Code of the Russian Federation: Federal Law of the Russian Federation dated December 30. 2001 No. 197-FZ: as amended. and additional acc. with Federal Law of the Russian Federation dated July 24, 2009 No. 206-FZ.

5. On approval of the Standard Regulations on the Committee (Commission) on Labor Protection: Order of the Ministry of Health and Social Development of the Russian Federation dated May 29, 2006 No. 413.

7. O federal service on environmental, technological and nuclear supervision: Decree of the Government of the Russian Federation of July 30, 2004 No. 401.

8. On improving the system for investigating and recording occupational diseases in the Russian Federation: Order of the Ministry of Health of the Russian Federation dated May 28, 2001 No. 176.

9. On approval of the Regulations on the investigation and recording of occupational diseases: Decree of the Government of the Russian Federation of December 15, 2000 No. 967.

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