Model provision on the work of the commission( committee) on occupational safety, sample 2017 and 2018

Good afternoon everyone! You know that the Order of the Ministry of Labor of the Russian Federation No. 412n of June 24, 2014 came into force. and together with it a model provision on the committee (committee) on labor protection.

The Regulation on the OSH Commission in the organization is a document that must meet certain criteria approved by the above-mentioned order of the Ministry of Labor of the Russian Federation. What are its specific features and what are the other key moments in drafting regulations on the OSH commission at the enterprise?

Let's consider all aspects of the creation of this document, a sample of drawing up the regulations on the work of the OSH commission for 2017 and 2018, and for what the commission is formed, its composition, what normative legal acts regulate the adoption of the provision, the structure of the document (sections and text).

Commission for OSH in the organization: what is being created for?

The creation of a commission on labor protection is a necessity, regulated by Art. 218 of the LC RF. This commission may be formed voluntarily at the initiative of the employer, employees or trade union.

The relevant internal corporate structure is called upon to coordinate joint actions of the employer and employees aimed at ensuring the requirements of legislation in the field of labor protection, as well as on the prevention of occupational injuries and occupational diseases.

In addition, the commission checks the conditions in which employees work, and also informs them about the results of these inspections. Another task of the committee (committee) on occupational safety is the collection of proposals for the inclusion of certain norms in the collective agreement.

Composition of the commission on labor protection: what should it be?

The commission should include:

1. representatives of the employer company;
2. representatives of the trade union or other structure that protects the interests of workers.

At the same time, each of the parties, delegating their representatives to the commission, has 1 vote each.

Adoption of the regulations on the OSH committee: which regulatory body is regulated?

The activity of the OSH commission must be carried out in accordance with a separate provision which, according to para. 2 Annexes to the order of the Ministry of Labor of the Russian Federation of June 24, 2014 No. 412n, is adopted on the basis of the model clause approved by this order.

There are recommendations (requirements) of the Ministry of Labor of the Russian Federation prescribing how to make such a provision.

Regulations on the Occupational Safety and Health Commission: structure

If the structure of the model provision approved by order No. 412n is followed, then the internal corporate document regulating the work of the OSH commission should be represented by the following elements:

1. section that establishes the general provisions of the document;
2. section on the tasks of the commission;
3. section on the functions of the commission;
4. section on the rights of the commission.

Let us consider what formulations may be present in the indicated sections.

General Provisions

In this section of the regulations on the OSH Commission, the following wording is included:

1. that the position approved by the management of the employer company regulates the tasks, functions, as well as the rights of the labor protection commission;
2. that the committee created by the employer is an element of the OSH management system at the enterprise, as well as one of the internal corporate forms of employee participation in the operation of this system;
3. that the committee created by the employer is called upon to function on the basis of the principles of social partnership;
4. that the commission interacts with regional authorities on labor protection issues, state supervisory bodies, as well as with competent trade union structures;
5. that the commission in its work is guided by the provisions of the federal and regional levels of IPA, sectoral and other agreements, local regulatory sources, the collective agreement.
6. that the commission is formed on the initiative of the firm-employer, employees or trade union, and its composition is represented by employees of the firm and the trade union on a parity basis;
7. how the size of the commission is determined, and also how representatives of the employer, employees or trade union are appointed to its composition;
8. the procedure for electing the chairman of the commission, his deputy, the secretary of the commission;
9. that the commission carries out activities in accordance with the established regulations, as well as the plan, which are approved by the chairman;
10. that members of the commission are required to undergo the necessary training in occupational safety funded by the employer;
11. the procedure for reporting the commission to the trade union or other competent organization on the work done;
12. the procedure for changing the representatives of the trade union and the employer as part of the commission.

Tasks of the commission

The main tasks of the OSH Commission, which must be reflected in the provision:

1. the development of scenarios for joint actions of the employer firm, the trade union and other competent structures that are aimed at ensuring the requirements established in the laws on labor protection, occupational injury prevention and occupational diseases;
2. carrying out inspections of workplaces in the firm, preparation of analytical reports based on the results of relevant activities, sending proposals to the employer to optimize working conditions;
3. interaction with the labor protection service established by the company in matters of informing employees about the conditions and safety of work, health risks, legal guarantees for work in hazardous and dangerous conditions, and the use of personal protective equipment.

Functions of the commission

The Ministry of Labor prescribes to define for the commission on labor protection such functions as:

1. study the proposals of the employer, employees or the trade union on the formation of recommendations for improving the working conditions in the enterprise;
2. assistance to the employer company in the organization of safety training, in the conduct of briefings;
3. participation in inspections of working conditions of employees, development of recommendations for their improvement;
4. providing employees with information on activities aimed at improving working conditions, preventing occupational injuries, occupational diseases;
5. providing employees with information on the outcome of the special evaluation of working conditions;
6. providing employees with information on standards for the supply of detoxifying substances, overalls, footwear, protective equipment, as well as the use of them;
7. assistance to the labor safety service in conducting medical examinations when hiring employees;
8. assistance in the free issue of milk and other food products to employees, when working in hazardous conditions;
9. assistance to the labor safety service in considering aspects of financing activities in the field of occupational safety, social insurance of employees, control over the expenditure of corporate funds spent on the prevention of occupational injuries and occupational diseases;
10. assistance to the labor safety service in improving the production infrastructure, updating equipment on production lines in order to improve the safety of working conditions, as well as reducing work positions with harmful working conditions;
11. Forming and forwarding to the employing company proposals concerning the improvement of work safety and health protection algorithms for employees, creating incentive mechanisms for employees fulfilling work safety requirements;
12. Formation and sending to the employer, trade union or other competent body of proposals for the drafting of local sources of standards in the field of labor protection.

Commission Rights

In the intracorporate position on the labor safety commission, the Ministry of Labor orders to fix also its rights, presented in the following list:

1. the right to receive information from the labor safety service about the conditions in the workplace, the prevention of injuries at work and occupational diseases, the presence of dangerous and harmful factors and the response measures to them;
2. the right to attend meetings of the commission to get acquainted with information from representatives of the company on labor protection issues;
3. the right to attend meetings of the commission to get acquainted with information on violations of labor protection standards that employees have committed, and to make proposals for responding to them;
4. the right to participate in the formation of a collective agreement on occupational safety;
5. the right to submit proposals to the employer to encourage employees to promote better working conditions;
6. the right to assist in resolving labor disputes in those areas that are regulated by labor safety legislation.

Regulations on the OSH commission in the organization: download the sample for 2017-2018

Here we give you the opportunity to download a free sample of the regulations on the OSH commission in several variants, any of which you can easily adapt to the needs of your institution.

1. Regulations on the Commission on Occupational Safety and Health at the enterprisein doc format
2. Regulations on the work of the OSH commission in the organizationin pdf format
3. Model provision on the committee (committee) on labor protectionin docx format
4. Regulations on the commission on school-leaving in the schoolin docx format

Model provision on the committee (committee) on labor protection: the text and requirements for drawing up

1. The Model Provision on the Labor Protection Committee (Commission) (hereinafter referred to as the Regulations) was developed in accordance with Article 218 of the Labor Code of the Russian Federation (Collected Legislation of the Russian Federation, 2002, No. 1, art. 3; 2006, No. 27, art. 2878) with the purpose of organizing joint actions of the employer, employees, the elected body of the primary trade-union organization or other representative body authorized to provide labor protection, prevent occupational injuries and occupational diseases, and preserve the health of employees.

2. On the basis of the Regulations, 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, approves the provision on the labor protection committee (committee) (hereinafter - the Committee), taking into account the specifics of the employer's activities.

3. The provision provides for the main tasks, functions and rights of the Committee.

4. The Committee is an integral part of the OSH management system of the employer, as well as one of the forms of employee participation in OSH management. The work of the Committee is based on the principles of social partnership.

5. The Committee interacts with the executive authority of the subject of the Russian Federation in the field of labor protection in the territory of which the employer operates, state supervision (control) over compliance with labor legislation of the said subject of the Russian Federation, other state supervision (control) authorities, as well as with the technical labor inspectorate trade unions.

6. The Committee in its activity is guided by laws and other normative legal acts of the Russian Federation, laws and other normative legal acts of the subjects of the Russian Federation on labor protection, general, regional, sectoral (inter-sectoral), territorial agreements, a collective agreement (agreement on labor protection), local regulatory acts of the employer.

7. The tasks of the Committee are: a) the development, on the basis of the proposals of the members of the Committee, of a program of joint actions by the employer, the elected body of the primary trade-union organization or other representative body responsible for ensuring compliance with state regulatory requirements for occupational safety, prevention of occupational injuries and occupational diseases; b) organization of inspections of the condition of labor conditions and safety at workplaces, training on their results, and also on the basis of an analysis of the causes of occupational injuries and occupational morbidity of proposals to the employer to improve labor conditions and safety; c) assistance to the labor protection service of the employer in informing employees about the condition of conditions and occupational safety at workplaces, the existing risk of damage to health, workers reimbursing for work in harmful and (or) dangerous working conditions, personal protective equipment.

8. The functions of the Committee are: a) consideration of proposals of the employer, employees, elected body of the primary trade-union organization or other representative body authorized by the employees with the purpose of working out recommendations for improving labor conditions and safety; b) assistance to the employer in the organization of training in labor protection, safe methods and methods of performing work, as well as in organizing the examination of the knowledge of labor protection requirements and in accordance with the established procedure of instructing on labor protection; c) participation in the conduct of inspections of the condition of labor conditions and safety at workplaces, review of their results, development of proposals to the employer to bring conditions and labor protection in line with state regulatory requirements for labor protection; d) informing employees about ongoing measures to improve labor conditions and safety, prevent occupational injuries, occupational diseases; e) informing employees about the results of a special assessment of working conditions at their workplaces, including the declaration of compliance of working conditions at workplaces with the state regulatory requirements for labor protection; f) informing employees of the current standards for the provision of flushing and disinfecting agents that have undergone mandatory certification or declaration of compliance with special clothing, special footwear and other personal protective equipment, assistance provided by the employer's labor protection service to monitor the provision of workers, the correctness of their use, the organization of their storage, washing, cleaning, repair, disinfection and disinfection; g) assistance to the labor protection service of the employer in the arrangements for organizing preliminary examinations upon admission to employment and periodic medical examinations and recording the results of medical examinations during employment; h) assistance in the timely free issue in accordance with the established procedure to workers engaged in work with harmful (dangerous) working conditions, milk and other equivalent foods, therapeutic and preventive nutrition; i) assistance to the employer's labor protection service in considering issues of financing labor protection measures, compulsory social insurance against occupational accidents and occupational diseases, and monitoring expenditure on preventive measures to reduce occupational injuries and occupational diseases; j) assistance to the labor protection service of the employer in the introduction of more advanced production technologies, new equipment, automation and mechanization of production processes with the goal of creating safe working conditions, eliminating (reducing the number of) jobs with harmful (dangerous) working conditions; k) preparation and submission to the employer of proposals for improving the organization of work to ensure occupational safety and health of workers, the creation of a system of encouraging workers who comply with labor protection requirements; m) preparing and submitting proposals to the employer, the elected body of the primary trade union organization or other authorized employees to the representative body for the development of drafts of local regulations on labor protection, participation in the development and review of these projects.

9. In order to carry out the assigned functions, the Committee has the right: a) receive information from the labor protection service of the employer on the status of working conditions in the workplace, occupational injuries and occupational diseases, the presence of hazardous and harmful production factors and the measures taken to protect them from their impact, the existing risk of damage to health; b) to hear at the meetings of the Committee the reports of the employer (its representatives), heads of structural units and other employees of the organization on the issues of ensuring safe conditions and labor protection in the workplace of employees and observance of their guarantees and rights to labor protection; c) to hear at the meetings of the Committee heads of structural divisions of the employer and other officials, workers who violated the requirements of labor protection, which had serious consequences, and to make proposals to the employer to hold them accountable in accordance with the legislation of the Russian Federation; d) participate in the preparation of proposals for the section of the collective agreement (agreement) on labor protection on issues within the competence of the Committee; e) make proposals to the employer to encourage employees to actively participate in activities to improve labor conditions and safety; f) facilitate the resolution of labor disputes related to the application of labor protection legislation, changes in working conditions, provision of workers with hazardous and (or) dangerous working conditions, guarantees and compensations provided for by law.

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

11. The number of members of the Committee is determined depending on the number of employees employed by the employer, the number of structural divisions, the specifics of production and other characteristics by mutual agreement of the parties representing the interests of the employer and employees.

12. The nomination of representatives of employees to the Committee may be carried out on the basis of a decision of the elected body of the primary trade union organization, if it unites more than half of the employees, or at a meeting (conference) of workers of the organization; representatives of the employer are nominated by the employer. The composition of the Committee is approved by the order (instruction) of the employer.

13. The Committee elects from its composition a chairman, deputies from each side of the social partnership and a secretary. The Chairman of the Committee, as a rule, is directly the employer or his authorized representative, one of the deputies is a representative of the elected body of the primary trade-union organization or another authorized representative of the representative body, the secretary is the employee of the employer's labor protection service.

14. The Committee carries out its activities in accordance with its regulations and work plan, which are approved by the Chairman of the Committee.

15. Members of the Committee must undergo in due course training in labor protection at the expense of the employer or financial means of preventive measures to reduce occupational injuries and occupational diseases of workers and sanatorium-and-spa treatment of workers engaged in work with harmful and (or) dangerous production factors.

Order of the Ministry of Labor of Russia of December 10, 2012. N 580n "On Approval of the Rules for the Financial Provision of Preventative Measures to Reduce Occupational Injuries and Occupational Diseases of Employees and Sanatorium and Spa Treatment for Employees Engaged in Work with Harmful and / or Hazardous Production Factors" (registered by the Ministry of Justice of Russia on December 29, 2012 N 26440).

16. Members of the Committee shall report at least once a year to the elected body of the primary trade union organization or the meeting (conference) of employees on the work done by them in the Committee. The elected body of the primary trade-union organization or the meeting (conference) of workers has the right to withdraw its representatives from the Committee and nominate new representatives to its composition. The employer has the right to revoke his representatives from the Committee by his order and appoint new representatives instead.

17. Ensuring the activities of the Committee, its members (exemption from the main work for the time of performance of duties, training in labor protection) is established by a collective agreement, a local regulatory act of the employer.

Thus, the establishment of the OSH commission is carried out at the initiative of the employer, employees or the trade union. The activities of this commission should be regulated by a special provision, drawn up in the form approved by the Ministry of Labor of the Russian Federation.

A source:

1. http://nalog-nalog.ru/ohrana_truda/polozhenie_o_komissii_po_ohrane_truda_obrazec_za_2016_god/
2. https: //blog-inzhenera.rf/news/position-post-trust-4.4.txt