Article 212 of the Russian Labor Code. Obligations of the employer to ensure safe working conditions

Article 212 of the Labor Code of the Russian Federation with comments and amendments for 2019-2020.

The employer is responsible for ensuring safe working conditions and labor protection.

The employer is obliged to ensure:

• safety of workers during the operation of buildings, structures, equipment, implementation technological processes, as well as used in the production of tools, raw materials and materials;
• creation and operation of a labor protection management system;
• application of past compulsory certification or declaration of conformity in established by law Russian Federation O technical regulation order of funds for individual and collective protection workers;
• working conditions corresponding to labor protection requirements at each workplace;
• the work and rest regime of employees in accordance with labor legislation and other regulatory legal acts containing norms labor law;
• purchase and issuance of special clothing, special footwear and other means at our own expense individual protection, washing and neutralizing agents that have passed mandatory certification or declaration of conformity in accordance with the procedure established by the legislation of the Russian Federation on technical regulation, in accordance with established norms employees engaged in work with harmful and (or) hazardous working conditions, as well as in work performed in special temperature conditions or associated with pollution;
• training in safe methods and techniques for performing work and providing first aid to injured workers at work, conducting briefing on labor protection, internships at the workplace and testing knowledge of labor protection requirements;
• non-admission to work of persons who have not passed in established order training and instruction in labor protection, training and testing of knowledge of labor protection requirements;
• organization of control over the state of working conditions at workplaces, as well as over the correct use of personal and collective protective equipment by employees;
• conducting a special assessment of working conditions in accordance with the legislation on a special assessment of working conditions;
• in cases stipulated by labor legislation and other regulatory legal acts containing labor law norms, organize mandatory preliminary (upon admission to work) and periodic (during labor activity) medical examinations, other compulsory medical examinations, compulsory psychiatric examinations of employees, extraordinary medical examinations, compulsory psychiatric examinations of employees at their request in accordance with medical recommendations, while retaining their place of work (position) and average earnings for the duration of the specified medical examinations, compulsory psychiatric examinations;
• non-admission of employees to fulfillment by them job responsibilities without undergoing compulsory medical examinations, compulsory psychiatric examinations, as well as in the case of medical contraindications;
• informing employees about working conditions and labor protection at workplaces, about the risk of damage to health, the guarantees provided to them, the compensations they are entitled to and personal protective equipment;
• granting to federal authorities executive power performing functions for the development public policy and normative legal regulation in the field of labor, the federal executive body authorized to implement federal state supervision over the observance of labor legislation and other normative legal acts containing labor law norms, to other federal executive bodies exercising state control(supervision) in the established field of activity, to the executive authorities of the constituent entities of the Russian Federation in the field of labor protection, to the bodies of trade union control over the observance of labor legislation and other acts containing labor law norms, information and documents necessary for the exercise of their powers;
• taking measures to prevent emergency situations, preserving the life and health of workers in the event of such situations, including providing first aid to victims;
• investigation and accounting in the established by this Code, other federal laws and other regulatory legal acts of the Russian Federation on the procedure for industrial accidents and occupational diseases;
• sanitary services and medical support workers in accordance with the requirements of labor protection, as well as the delivery of workers who fall ill at the workplace to medical organization if necessary, to provide them with emergency medical care;
• unhindered admission officials federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal bodies executive power exercising state control (supervision) in the established sphere of activity, executive bodies of the constituent entities of the Russian Federation in the field of labor protection, bodies of the Social Insurance Fund of the Russian Federation, as well as representatives of bodies public control in order to carry out inspections of working conditions and safety and investigation of industrial accidents and occupational diseases;
• fulfillment of orders of officials of the federal executive body authorized to exercise federal state supervision over the observance of labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established area of ​​activity, and consideration of submissions public control bodies within the time limits established by this Code and other federal laws;
• compulsory social insurance of employees against industrial accidents and occupational diseases;
• familiarization of employees with labor protection requirements;
• development and approval of rules and instructions on labor protection for workers, taking into account the opinion of the elected body of the primary trade union organization or another body authorized by employees in the manner prescribed by Article 372 of this Code for the adoption of local regulations;
• availability of a set of regulatory legal acts containing labor protection requirements in accordance with the specifics of their activities.

Commentary on Article 212 of the Labor Code of the Russian Federation:

1. Given that many of the employer's obligations to ensure safe conditions and labor protection, enshrined in Article 212 of the Labor Code of the Russian Federation, are specified in separate articles of the "Labor Protection" section and other sections and are highlighted in the comments to these articles, they will not be considered here (instead of (References are made to the relevant articles).

2. Ensuring the safety of workers during the operation of buildings, structures, equipment, technological processes means that these processes must comply with state regulatory requirements labor protection.

For government regulations on occupational health and safety, see the comment. to Art. 211.

On ensuring the safety of equipment used in production, technological processes, raw materials and materials, see the comment. to Art. 215.

3. To prevent or reduce worker exposure to harmful or hazardous production factors, as well as to protect against pollution, employees must, at the expense of the employer, be provided with personal protective equipment (special clothing, special shoes and other personal protective equipment) and collective protective equipment ( technical means protection from the effects of, for example, moving parts of equipment that are a source of danger; from falling into working area used in work hazardous substances and materials or tools) that have passed mandatory certification or declaration of conformity in accordance with the procedure established by the legislation of the Russian Federation on technical regulation.

The content of the certification concepts specified in clause 3, part 2 of Article 212 of the Labor Code of the Russian Federation as a form of confirmation of the compliance of objects with the requirements technical regulations, the provisions of standards, sets of rules or conditions of contracts and declaration of conformity as a form of confirmation of the conformity of products to the requirements of technical regulations is disclosed in Art. 2 of the Law on Technical Regulation.

The procedure for passing mandatory certification and declaration of conformity is enshrined in Ch. 4 of the specified Law.

For the provision of personal protective equipment, see the comments. to Art. 221.

The provision of employees with certified collective protective equipment is carried out by the employer in accordance with building codes and rules, sanitary rules and regulations, cross-sectoral and sectoral rules on labor protection and other regulatory legal acts that establish safety requirements for a specific type of production, production process, equipment, tools, etc.

4. Ensuring by the employer the compliance of workplaces with labor protection requirements means that their location and organization, as well as equipment and tools for work, the air environment, etc. must be safe and not threaten the life and health of workers. As stated in the commentary to Art. 211 of the Labor Code, state regulatory requirements for labor protection are contained in federal laws, laws of the constituent entities of the Russian Federation and by-laws. For example, Moscow organizations are advised to comply with the following labor protection requirements when equipping workplaces and maintaining them in a safe condition.

Workplaces must be provided with the necessary technological equipment, safety devices, devices and other means to ensure healthy and safe working conditions. Equipment, organizational equipment, auxiliary devices, cutting, measuring and auxiliary tools, materials, workpieces, components and finished parts, products and items of care for the workplace should be placed in the workplace so that conditions for safe work.

Workplaces should have sites for placing materials and parts for the period of their processing. Workpieces and processed parts should be placed only on a site designated for this purpose in a special container or in stable piles (stacks, packages) with a height of no more than 1 m for metal parts and 1.7 m for wooden parts.

On equipment, tables, mechanisms, etc. there should be no items that are not required by production conditions.

Electric welding workplaces located in the production area must be fenced with permanent or portable shields at least 1.8 m high, and multi-station transformers and generators must be fenced with 2.5 m high bulkheads, excluding the access of unauthorized persons, etc. (Section 11 "Organization of the workplace" of the Guidelines on labor protection for organizations of the city of Moscow, approved by the order of the Moscow government dated July 1, 2003 N 1140-RP, with the attachment of the List of regulatory legal acts on labor protection, which are referenced in the text of the Guidelines, with amendments and additions (Bulletin of the Mayor and Government of Moscow. 2003. N 42).

Safe working conditions and proper Technical equipment of all jobs are provided through rational use industrial premises; improvement of technological processes and modernization technological equipment; mechanization and automation of technological operations associated with the transportation and use of poisonous, flammable and combustible liquids; introduction of systems for automatic or remote control of equipment harmful and hazardous industries and in other ways that meet the requirements of unified intersectoral and sectoral rules for labor protection, sanitary rules and norms, approved in the prescribed manner.

To determine the compliance of working conditions at each workplace with labor protection requirements, the employer must organize an effective production control the level of exposure to harmful or hazardous production factors on the health of workers. For this purpose, large and medium-sized enterprises can create their own laboratories equipped with the necessary instruments and staffed by qualified specialists. In smaller organizations, such work can be performed under contracts with organizations that provide services in the field of labor protection.

The employer assigns specific responsibilities to ensure labor protection to managers structural units and fixes it in job descriptions or approves by order of the organization, brings it to the relevant official against receipt when hiring (appointment to a new position).

Before starting work, their manager (production manager, foreman, foreman, etc.) is obliged to check equipment, fixtures, organizational equipment, ventilation, grounding, starting, signaling devices, places of work, to make sure that they are in full serviceability and safety.

Order of conduct certain types production control is enshrined in regulatory legal acts. For example, the organization and implementation of industrial control over compliance sanitary regulations and the implementation of sanitary and anti-epidemic (preventive) measures are regulated Sanitary regulations SP 1.1.1058-01, entered into force on January 1, 2002 by the Resolution of the Chief State sanitary doctor RF dated July 13, 2001 N 18 (BNA RF. 2001. N 45).

In accordance with Art. 11 of the Law on industrial safety dangerous production facilities The Decree of the Government of the Russian Federation of March 10, 1999 approved the Rules for the organization and implementation of production control over compliance with industrial safety requirements at hazardous production facility(SZ RF. 1999. N 11. Art. 1305).

On the basis of these Rules, each organization operating hazardous production facilities develops a regulation on production control, taking into account the profile of the production facility, which is approved by the head of the operating organization with the obligatory agreement with the territorial body exercising state supervision in the field of industrial safety.

Responsibility for the organization and implementation of production control is borne by the head of the operating organization and the persons who are entrusted with such duties in accordance with the legislation of the Russian Federation.

If violations of safety requirements and sanitary rules are detected at the object of production control, the employer must take measures aimed at eliminating the identified violations and preventing their occurrence, including: suspend or terminate the activities or work of individual workshops, sections, operation of buildings, structures, equipment , performance of certain types of work and provision of services; stop using raw materials in production, materials that do not meet the established requirements and do not ensure the release of products that are safe for humans, etc.

Special requirements are imposed on the employer in connection with the need to ensure radiation safety when employees handle sources ionizing radiation... In particular, the employer is obliged to regularly inform employees (personnel) about the levels of ionizing radiation at their workplaces and about the magnitude of the individual radiation doses received by them; plan and implement special events; carry out systematic production control over radiation environment at workplaces, indoors, on the territories of organizations, as well as behind the emission and discharge radioactive substances(Article 14 of the Law on radiation safety population).

Since 1998, an annual radiation-hygienic certification of organizations has been introduced - a systematic assessment of the impact of the main sources of ionizing radiation (man-made and natural), depending on the state of the environment and living conditions.

Standard forms of radiation-hygienic passports of organizations and territories were approved on June 21, 1999 by Order of the Ministry of Health of Russia N 240, Gosatomnadzor of Russia N 65, Goskomekologiya of Russia N 289 (BNA RF. 1999. N 30).

The employer is also obliged to carry out special measures to prevent carcinogenic hazards, namely: to take measures to exclude the possibility of employees' contact with carcinogenic substances; replace carcinogenic substances and factors with non-carcinogenic or less carcinogenic substances and factors; to limit as much as possible the number of persons exposed to carcinogenic factors; when designing or reconstructing production facilities, give preference to continuous, waste-free technological processes with a maximum degree of automation and mechanization, as well as sealed equipment, etc. (see SanPin 1.2.2353-08 "Carcinogenic factors and basic requirements for the prevention of carcinogenic hazards", approved by Resolution Chief State Sanitary Doctor of the Russian Federation // BNA RF. 2008. N 23).

To identify and record enterprises, technological processes, individual workshops and production areas where workers are or may be exposed to carcinogenic factors, to develop measures for the prevention of malignant neoplasms, to timely take measures to protect the health of workers, sanitary and hygienic certification of carcinogenic industries is carried out in accordance with Methodical guidelines approved in the prescribed manner, and within the time frame agreed with territorial bodies Rospotrebnadzor (MU 1.1.688-98 - Labor protection and social insurance. 1999. N 8. S. 71).

5. Compliance of workplaces with labor protection requirements, progressive technical, technological, organizational solutions, as well as best practices, norms and standards is determined during the certification of workplaces.

Certification of workplaces for working conditions - assessment of working conditions at workplaces in order to identify harmful and (or) hazardous production factors and take measures to bring working conditions in line with state regulatory requirements for labor protection.

This work is regulated by the Order of the Ministry of Health and Social Development of Russia of August 31, 2007 N 569 "On approval of the Procedure for certification of workplaces for working conditions" (BNA RF. 2008. N 10) and provides for the procedure for the implementation of the activities of employers - legal entities and employers - individuals, with the exception of employers - individuals who are not individual entrepreneurs, on the certification of workplaces for working conditions, registration and use of certification results, and also determines research methods when assessing working conditions.

The specified Procedure should also be guided by organizations involved in certification of workplaces for working conditions - certification organizations.

The timing of certification of workplaces for working conditions in the organization is established on the basis that each workplace must be certified at least once every five years.

Mandatory re-certification of workplaces for working conditions (recertification) are subject to workplaces:

• after replacing production equipment;
• after changing the technological process, means of collective protection, etc.;
• when violations of the established Procedure are detected, at the request of officials of the federal executive body authorized to conduct state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, as well as executive bodies of the constituent entities of the Russian Federation authorized to conduct state expertise working conditions.

Newly organized workplaces are certified after their commissioning.

To carry out certification of workplaces for working conditions in the organization, an order is issued, in accordance with which an certification commission is created, its composition and, if necessary, the composition of certification commissions in structural divisions of organizations is determined, the chairman of the certification commission is approved, and the terms and schedules of work are determined. for certification of workplaces for working conditions.

The certification commission is created by the organization in which certification of workplaces is carried out for working conditions, and the certification organization on a parity basis for the purpose of coordination, methodological guidance and control over the work on certification of workplaces.

The attestation commission is formed, as a rule, from specialists who have undergone training in general issues certification of workplaces for working conditions in organizations authorized for this type of training by the federal executive body responsible for the development of state policy and legal regulation in the field of labor protection.

It is recommended to include the heads of the organization's structural divisions, lawyers, labor protection services specialists, HR specialists, labor and wages specialists, representatives of laboratory departments, chief specialists, medical professionals, representatives of trade union organizations or other representative bodies authorized by employees, representatives of labor protection committees (commissions), authorized (trusted) persons for labor protection trade unions or labor collective, representatives of the attesting organization.

Certification of workplaces for working conditions includes a hygienic assessment of working conditions, an assessment of injury safety and the provision of workers with personal protective equipment.

The regulatory framework for certification of workplaces in terms of working conditions are: Labor Code of the Russian Federation, regulations containing state regulatory requirements for labor protection, as well as other documents on labor protection.

During the certification, the Guidelines for the hygienic assessment of the factors of the working environment and the work process should be used. Criteria and classification of working conditions R 2.2.2006-05 approved by Rospotrebnadzor on July 29, 2005.

Based on the results of certification of workplaces for working conditions, the certification commission develops an action plan to improve and improve working conditions in the organization, which includes, incl. activities requiring material costs. At the same time, the sources of financing of measures, the timing of their implementation, performers and eliminated harmful and (or) hazardous production factors for specific workplaces are indicated. The plan of measures to improve and improve working conditions in the organization is signed by the chairman of the certification commission and, after agreement with the labor protection committee (commission), trade union or other authorized employee and representative body, is approved by the employer and included in the collective agreement. In addition, the commission makes proposals on readiness for certification of the organization of work on labor protection.

According to clause 5.3 of the General Agreement between all-Russian associations of trade unions, all-Russian associations of employers and the Government of the Russian Federation for 2008-2010, the procedure for certification of workplaces is subject to further improvement.

6. On ensuring the work and rest regime of employees in accordance with the legislation of the Russian Federation and the constituent entities of the Russian Federation, see the comment. to the articles of the sections of the Labor Code "Working time" and "Time of rest" (clause 5 h 2 of article 212 of the Labor Code of the Russian Federation).

7. For training workers in safe techniques and working methods, see the comment. to Art. 225.

8. For the organization of control over the state of working conditions at workplaces, as well as for the correct use of personal and collective protective equipment, see comments. to Art. 217.

9. For the organization of medical examinations see comments. to Art. 213.

10. The employer is obliged to inform employees about the working conditions in the places where they are supposed to perform work: about the factors working environment and the labor process itself, about the risk of damage to health and the compensations they are entitled to and personal protective equipment. Such information should be provided both upon hiring and afterwards.

For example, if an employee is hired to work with harmful or hazardous working conditions, he should be made aware of exactly what unfavorable production factors he will have to deal with, what is the risk to his health (injury, occupational disease), what measures of protection are applied against exposure to adverse factors (collective protection measures have been established, personal protective equipment is issued), what compensation is due in connection with the impact of harmful and hazardous production factors (increased wages have been established, reduced work time and additional vacations, free milk or preventive nutrition, etc.).

The employer is obliged to inform employees about the state of working conditions at workplaces and in the organization as a whole, in particular to inform them about the results of certification of workplaces for working conditions. Direct informing of employees on behalf of the employer about the state of working conditions at the workplace, as well as about measures taken for protection from dangerous and harmful production factors is included in the duties of the head of the labor protection department (Section I of the Qualification Handbook of the positions of managers, specialists and other employees, approved by the Resolution of the Ministry of Labor of Russia dated August 21, 1998 N 37. M .: Prior, 2000 ). Conducting inspections of working conditions and labor protection at workplaces and informing about their results is also the responsibility of the labor protection committees (commissions) created in organizations (see comments to article 218).

In case of failure to provide employees with information about working conditions at their workplaces, they have the right to contact higher bodies in the order of subordination (if there are such bodies), to the bodies of state supervision and control over compliance with labor protection requirements (see comments to article 353), as well as to the bodies of public control (see commentary to Art. 370). For the order of consideration of appeals, see the comment. to clause 9 of Art. 219.

11. The employer is obliged to prevent accidents. This duty is realized by him by fixing in the instructions on labor protection for workers special sections on safety requirements in emergency situations, which indicate: a list of the main possible emergencies and the reasons that cause them; actions of employees in the event of accidents and situations that can lead to undesirable consequences; actions to provide first aid to victims of injury, poisoning and sudden illness, etc. (Sections IV and V Methodical recommendations on the development of state regulatory requirements for labor protection, approved. Resolution of the Ministry of Labor of Russia of December 17, 2002 N 80 // Bulletin of the Ministry of Labor of Russia. 2003. N 5). In addition, the employer must develop a set of measures to prevent and eliminate the consequences of accidents.

Thus, organizations operating hazardous production facilities are obliged to: conduct training and certification of workers in the field of industrial safety; organize and carry out production control over compliance with industrial safety requirements; ensure the availability and operation of the necessary instruments and control systems for production processes in accordance with the established requirements; ensure the examination of industrial safety of buildings, as well as carry out diagnostics, tests, survey of structures and technical devices used at a hazardous production facility, in deadlines; plan and implement measures to localize and eliminate the consequences of accidents at a hazardous production facility; conclude service contracts with professional rescue services or professional rescue teams, and in cases where provided by law RF, to create their own professional emergency rescue services or formations, as well as non-standard emergency rescue teams from among the employees; train employees in actions in the event of an accident or incident at a hazardous production facility; create systems for monitoring, warning, communication and support of actions in the event of an accident and keep these systems in a usable condition (Articles 9, 10 of the Law on Industrial Safety of Hazardous Production Facilities).

Organizations operating nuclear installations, radiation sources or storage facilities for nuclear materials are obliged to ensure: development and implementation of measures to prevent accidents (at a nuclear installation, at a radiation source and at a storage point) and to reduce them negative consequences for employees of these facilities, the population and environment; development and implementation, within its competence, of measures to protect workers and the public in the event of an accident; selection, training and maintenance of qualifications of employees of operating organizations operating in the field of atomic energy use, and other measures (Article 35 of the Law on the Use of Atomic Energy).

The need to develop an action plan to prevent the occurrence emergencies and eliminating their consequences is also provided for facilities for the storage and destruction of chemical weapons and during their transportation (Articles 14, 15 of the Law on the Destruction of Chemical Weapons).

12. To assess the quality of the employer's activities to ensure safe working conditions in organizations, the activities of the labor protection service, work on certification of workplaces, training and professional training of workers in the field of labor protection, etc. Article 212 of the Labor Code of the Russian Federation provides for the need for certification of labor protection labor. For these purposes, in accordance with the Decree of the Ministry of Labor of Russia dated April 24, 2002 N 28, the System for Certification of Labor Protection in Organizations (SSOT) was created, and the Regulation on the System of Certification of Labor Protection in Organizations and the Rules for Certification of Labor Protection in Organizations were approved. (BNA RF. 2002. N 33).

Federal executive authorities, executive authorities of the constituent entities of the Russian Federation in charge of labor protection issues were instructed to carry out preparatory work for the introduction of certification of labor protection in organizations.

The organizational structure of the SSOT is formed by:

• Ministry of Labor of Russia;
• The central body of the SSOT, determined by the Ministry of Labor of Russia;
• labor protection center;
• central bodies of sectoral subsystems of the SSOT;
• accredited certification bodies;
• accredited testing laboratories(centers).

Certification of labor protection works is carried out in accordance with the applications of organizations as they are ready for inspection and assessment of the specified works by certification bodies for compliance with labor protection standards and requirements and obtaining a safety certificate.

The presence of a safety certificate indicates that the state of work on labor protection in this organization meets the established state regulatory requirements for labor protection and discounts can be made to the insurance tariff for compulsory social insurance against industrial accidents and occupational diseases, established by the Social Insurance Fund of the Russian Federation for the current year in accordance with the Rules for establishing discounts and premiums to insurance rates for policyholders for compulsory social insurance against industrial accidents and occupational diseases, approved. Resolution of the Government of the Russian Federation of September 6, 2001 N 652 (SZ RF. 2001. N 37. Art. 3696).

13. Social insurance of employees against industrial accidents and occupational diseases is carried out by the employer (insurer) at his own expense by transferring to the Social Insurance Fund of the Russian Federation (insurer) in the prescribed manner mandatory payments(Article 17 of the Law on Insurance against Accidents and Occupational Diseases).

The amount of insurance premiums is determined based on insurance rates established by law.

In accordance with the Federal Law of July 21, 2007 N 186-FZ "On insurance rates for compulsory social insurance against industrial accidents and occupational diseases for 2008 and for the planning period of 2009 and 2010" (SZ RF. 2007. N 30. Art. 3800) it was established that in 2008 and in the planning period 2009 and 2010 insurance premiums for compulsory social insurance against industrial accidents and occupational diseases are paid in the manner and at the rates established by the Federal Law of December 22, 2005 N 179-FZ "On insurance rates for compulsory social insurance against industrial accidents and occupational diseases for 2006 "(SZ RF. 2005. N 52 (part I). Art. 5592).

The size of the tariffs is set as a percentage of the remuneration calculated by the employer on all grounds (income) of the insured, and in appropriate cases - to the amount of remuneration under a civil law contract in accordance with the types economic activity by occupational risk classes. There are 32 such classes of occupational risk by the aforementioned Federal Law. This means that for the type of economic activity classified as class 4 of occupational risk, the amount of insurance premiums will be 0.5% of the accrued wages on all grounds (income) of the insured; by types of economic activities classified as 22nd class of professional risk - 3.4%. The rules for assigning types of economic activity to the class of professional risk were approved by the Decree of the Government of the Russian Federation of December 1, 2005 N 713 (SZ RF. 2005. N 50. Art. 5300). The procedure for calculating, accounting and spending funds for compulsory social insurance is regulated by the relevant Rules (Rules for calculating, accounting and spending funds for compulsory social insurance against industrial accidents and occupational diseases, approved by the Government of the Russian Federation of March 2, 2000 N 184 / / SZ RF. 2000. N 11. Art. 1181).

The procedure for making capitalized payments to the Social Insurance Fund of the Russian Federation in the liquidation of legal entities - policyholders for compulsory social insurance against industrial accidents and occupational diseases is determined by the Government of the Russian Federation (Resolution of the Government of the Russian Federation of November 17, 2000 N 863 // SZ RF. 2000. No. 48. Art. 4693).

Capitalized payments are made liquidation commission(bankruptcy commissioner) at the place of registration of the policyholder by transferring them in the prescribed manner to the account of the insurer.

These payments are listed in the order of priority established civil law... In accordance with Art. 64 of the Civil Code to the insurer, they must be listed as a matter of priority.

The insurance contributions accumulated by the Social Insurance Fund of the Russian Federation are used by this Fund to compensate for harm caused to the life and health of the insured during the performance of their duties under an employment contract, and in other cases established by the Law on Insurance against Accidents and Occupational Diseases by providing the insured in full with all required types insurance coverage (see comments to Art. 184).

14. Article 212 of the Labor Code of the Russian Federation not only establishes the employer's obligations to create safe conditions and labor protection, but also obliges him to ensure unhindered admission of officials of federal executive bodies authorized to conduct state supervision and control, executive bodies of the constituent entities of the Russian Federation in the field of labor protection , bodies of the Social Insurance Fund of the Russian Federation, as well as representatives of public control bodies in order to carry out inspections of working conditions and labor protection and investigation of industrial accidents and occupational diseases, to comply with the orders of officials of federal executive bodies authorized to conduct state supervision and control, and to consider representations of public control bodies within the time limits established by the Labor Code and other federal laws.

Official text:

Article 225. Training in the field of labor protection

All employees, including heads of organizations, as well as employers - individual entrepreneurs, are required to undergo training in labor protection and test knowledge of labor protection requirements in the manner established by the federal executive body authorized by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social labor relations.

For all persons entering work, as well as for workers transferred to another job, the employer or his authorized person is obliged to instruct on labor protection, organize training in safe methods and techniques for performing work and providing first aid to victims.

The employer provides training for persons entering work with harmful and (or) dangerous working conditions, safe methods and techniques for performing work with an internship at the workplace and passing exams, and conducting periodic training on labor protection and testing knowledge of labor protection requirements during the period of work.

The state promotes the organization of occupational safety training in organizations engaged in educational activities.

The state provides training for specialists in the field of labor protection.

Legal commentary:

The employer's obligation to provide employees with occupational safety and conditions that meet the requirements of occupational health and safety is one of the main obligations in accordance with article 22 of the Labor Code. and part 2 of Article 225, disclosing the content of this obligation, establish that the employer is obliged, in particular, to ensure:

Conducting briefing on labor protection;

Training in safe methods and techniques for performing labor protection and first aid in case of industrial accidents;

Internship at the workplace and testing of knowledge of labor protection requirements, safe methods and techniques for performing work.

In turn, part 1 of Article 225 establishes the obligation of all employees, including the head of the organization, as well as the employer - individual entrepreneur undergo training in labor protection and testing of knowledge of labor protection requirements. Along with employees, part 1 of article 225 extends this obligation to employers - individual entrepreneurs. By this, the rights and obligations of individual entrepreneurs as employers are as close as possible to the rights and obligations of employers - legal entities.

Labor protection training and testing of knowledge of labor protection requirements are carried out in accordance with the procedure established by the Government of the Russian Federation. Article 225, proceeding from the principle of social partnership, contains a provision that the Government of the Russian Federation, when determining the above procedure, must take into account the opinion of the Russian Trilateral Commission for the Regulation of Social and Labor Relations. Decree of the Ministry of Labor of Russia and the Ministry of Education of Russia dated January 13, 2003 No. 1/29 approved the Procedure for training on labor protection and testing the knowledge of labor protection requirements for employees of organizations, which established general provisions compulsory training on labor protection and testing of knowledge of labor protection requirements for all employees, including managers, and now also employers - individual entrepreneurs. Target of this Procedure- provide preventive measures to reduce industrial injuries and occupational diseases.

On the basis of the Procedure, federal executive bodies, executive bodies of the constituent entities of the Russian Federation, bodies local government can establish Additional requirements to the organization and conduct of training on labor protection and testing of knowledge of labor protection requirements of employees of their subordinate organizations, which do not contradict the requirements of the Procedure. The procedure does not replace special requirements for training, instructing and testing the knowledge of employees, established by the authorities state control (supervision). Currently, in accordance with Article 423 of the Labor Code, GOST 12.0.004-90 "Occupational Safety Standards. Organization of Occupational Safety Training" continues to operate, which contains norms similar to those of the Procedure (article 46 of the Federal Law "On Technical Regulation").

Simultaneously with training in labor protection and testing knowledge of labor protection requirements, carried out in accordance with the Procedure, training and certification of employees of organizations in other areas of labor safety, organized by state control (supervision) bodies and federal executive authorities, may also be carried out. The Ministry of Labor of Russia is vested with the right to independently adopt regulatory legal acts defining the procedure for training and testing the knowledge of labor protection requirements for employees of organizations, including heads of organizations, as well as employers - individual entrepreneurs (clause 5.2.23 of the Regulations on the Ministry of Labor and social protection Of the Russian Federation, approved by the decree of the Government of the Russian Federation of June 19, 2012 No. 610).

On the territory of the constituent entity of the Russian Federation, the organization of training on labor protection and testing of knowledge of labor protection requirements is coordinated by the federal executive authorities and the executive body for labor of the constituent entity of the Russian Federation, which forms a databank of all training organizations located on the territory of the constituent entity of the Russian Federation. The training organization and the employer of the organization are responsible for the quality of training in labor protection, the implementation of approved programs for labor protection in the manner prescribed by the legislation of the Russian Federation. Control over the timely verification of the knowledge of labor protection requirements of employees, including heads of organizations, is carried out state inspections labor. State inspectors on labor protection has the right to prohibit the use of personal and collective protective equipment for workers that do not have certificates of conformity or do not meet state regulatory requirements for labor protection (including the requirements of technical regulations).

The employer (a person authorized by him) is obliged to conduct training in labor protection for all persons entering work, as well as for employees transferred to another job. The following types of instruction on labor protection are provided: introductory, primary, repeated, unscheduled, target. The program, in accordance with which the instruction is carried out, is developed and approved by the employer or a person authorized by him on the basis of regulatory legal acts on labor protection, taking into account the specifics of the organization's activities, local regulations of the organization, instructions on labor protection, technical and operational documentation, including a description of safe methods and methods of performing work. After the briefing, the person who conducted the relevant briefing verbally examines the knowledge and skills acquired by the employee in safe working practices.

In addition, each briefing is recorded in the briefing log. Along with training on labor protection for workers in blue-collar professions, as well as for managers and specialists, training on labor protection is provided. Workers in blue-collar professions within a month after hiring or transferring to another job must undergo training in safe methods and techniques for performing work. If workers are employed in jobs with harmful and (or) hazardous working conditions, then they undergo such training with an internship at the workplace and pass an exam based on the results of training and internship. Such training for newly hired workers, as well as workers who have had more than a year break in work, should be carried out within a month from the date of hiring. In addition, in the process of working for this category of workers, periodic training on labor protection is carried out.

Workers should also be trained at least once a year in providing first aid to injured persons. When hiring, the specified training must be carried out no later than one month after hiring. Testing of theoretical knowledge and practical skills of safe work of workers is carried out by their immediate supervisors in the amount of knowledge of the rules and instructions for labor protection, and, if necessary, also additional special requirements for safety and labor protection. Managers and specialists are allowed to work independently after getting acquainted with the local regulations organizations that regulate the procedure for organizing work on labor protection, working conditions in the structural divisions they manage.

Occupational safety training required for the implementation of their job responsibilities, managers and specialists pass during the first month upon admission to work, then - as needed, but at least once every three years. The next test of knowledge of the labor protection requirements of managers and specialists is also carried out at least once every three years. Managers and specialists are trained either in educational institutions licensed to maintain educational activities, full-time teachers - specialists in the field of labor protection, as well as the corresponding material and technical base, or in the organization itself, which has a commission for testing knowledge of labor protection requirements.

In the organization, a commission for testing the knowledge of workers on labor protection is created by order (decree) of the employer. The commission should include at least three people who have been trained and tested on labor protection knowledge. The commission consists of the chairman, his deputy (deputies), secretary and members of the commission. If the employee has successfully passed the test of knowledge of labor protection requirements, he is issued a certificate signed by the chairman of the commission, certified by the seal of the organization that conducted training on labor protection and testing knowledge on labor protection. If the employee has not passed the test, he is obliged to re-test within a month. Control over the timely verification of the knowledge of labor protection requirements of workers is carried out by the federal labor inspectorate.

Employees who have the qualifications of an engineer (specialist) in the safety of technological processes and production or labor protection and have continuous work experience in the field of labor protection for at least five years, within a year after admission to the work. If the employee has not been trained and instructed in labor protection, training and testing for knowledge of labor protection requirements, then the employer, in accordance with article 212 of the Labor Code, has no right to admit him to work. According to part 2 of article 76 of the Labor Code, the employee is not allowed to work until the circumstances that were the basis for the suspension from work or the inadmissibility to work are eliminated.

Accordingly, non-admission to work in this situation is carried out until the moment of passing the appropriate training, instruction, internship, testing of knowledge on labor protection. According to part 3 of Article 76 of the Labor Code, if an employee has not been trained and tested for knowledge and skills in labor protection through no fault of his own, then the time of exclusion from work is paid according to the rules of Article 157 of the Labor Code as if it was idle, i.e. if the employer is at fault - in the amount of 2/3 of the average wages employee, if such a situation has arisen for reasons beyond the control of the employee and the employer, then payment is made in the amount of at least 2/3 of the tariff rate, salary (official salary), calculated in proportion to the downtime.

The employer is responsible for the organization and timeliness of training on labor protection and verification of knowledge of labor protection requirements of employees. Failure to conduct training on labor protection or its untimely implementation may entail administrative responsibility both officials of the organization and the employer - a legal entity and an individual entrepreneur. In order to ensure the organization of activities related to training in labor protection selected categories employees as insured against industrial accidents and occupational diseases, funds are annually allocated in the budget of the Social Insurance Fund of the Russian Federation.

Part 3 of Article 225 establishes that for persons entering work with harmful and (or) dangerous working conditions, the employer is obliged to conduct training in safe methods and techniques for performing work with an internship at the workplace and passing exams, as well as to conduct their periodic training in protection labor and testing of knowledge of labor protection requirements during the period of work.

All employees, in addition to training in labor protection and testing their knowledge of labor protection requirements, can be admitted to work only after passing firefighting briefing, and if the specifics change - additional training on prevention and extinguishing possible fires in the manner established by the head (clause 3 of the Rules for the fire regime in the Russian Federation, approved by the decree of the Government of the Russian Federation of 25.04.2012 No. 3901).

Parts 4 and 5 of Article 225 establish the foundations for the creation of a system of continuing education in the field of occupational safety and health, bearing in mind:

Organization of training on labor protection in all educational institutions;

Security vocational training labor protection specialists in educational institutions of secondary vocational and higher vocational education.

The text of article 212 of the Labor Code of the Russian Federation in the new edition.

The employer is responsible for ensuring safe working conditions and labor protection.

The employer is obliged to ensure:
the safety of workers during the operation of buildings, structures, equipment, the implementation of technological processes, as well as tools, raw materials and materials used in the production;
creation and operation of a labor protection management system;

the use of those who have passed mandatory certification or declaration of conformity in accordance with the procedure established by the legislation of the Russian Federation on technical regulation of means of individual and collective protection of workers;
working conditions corresponding to labor protection requirements at each workplace;
the mode of work and rest of employees in accordance with labor legislation and other regulatory legal acts containing labor law norms;
purchase and issuance of special clothing, special footwear and other personal protective equipment, flushing and neutralizing agents, which have undergone mandatory certification or declaration of conformity in accordance with the procedure established by the legislation of the Russian Federation on technical regulation, in accordance with the established norms to workers employed in work with harmful and (or) dangerous working conditions, as well as at work performed in special temperature conditions or associated with pollution;
training in safe methods and techniques for performing work and providing first aid to injured workers at work, conducting briefing on labor protection, internships at the workplace and testing knowledge of labor protection requirements;
non-admission to work of persons who have not undergone training and instruction in labor protection in accordance with the established procedure, training and testing of knowledge of labor protection requirements;
organization of control over the state of working conditions at workplaces, as well as over the correct use of personal and collective protective equipment by employees;
conducting a special assessment of working conditions in accordance with the legislation on a special assessment of working conditions;
in cases stipulated by labor legislation and other regulatory legal acts containing labor law norms, organize mandatory preliminary (upon admission to work) and periodic (during employment) medical examinations, other mandatory medical examinations, mandatory psychiatric examinations at their own expense employees, extraordinary medical examinations, compulsory psychiatric examinations of employees at their request in accordance with medical recommendations, while retaining their place of work (position) and average earnings for the time of passing the specified medical examinations, compulsory psychiatric examinations;
non-admission of employees to the performance of their labor duties without undergoing compulsory medical examinations, compulsory psychiatric examinations, as well as in the case of medical contraindications;
informing employees about working conditions and labor protection at workplaces, about the risk of damage to health, the guarantees provided to them, the compensations they are entitled to and personal protective equipment;
granting to federal executive bodies exercising functions of developing state policy and normative legal regulation in the field of labor, to the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other normative legal acts containing labor law norms, to other federal bodies executive power exercising state control (supervision) in the established sphere of activity, the executive bodies of the constituent entities of the Russian Federation in the field of labor protection, the bodies of trade union control over the observance of labor legislation and other acts containing labor law norms, information and documents necessary for them to exercise their powers;
taking measures to prevent accidents, preserve the life and health of workers in the event of such situations, including providing first aid to victims;
investigation and registration of accidents at work and occupational diseases in accordance with the procedure established by this Code, other federal laws and other regulatory legal acts of the Russian Federation;
sanitary and domestic services and medical support of workers in accordance with the requirements of labor protection, as well as the delivery of workers who become ill at the workplace to a medical organization in case of need for emergency medical care;
unimpeded admission of officials of the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established area of ​​activity, executive bodies constituent entities of the Russian Federation in the field of labor protection, bodies of the Social Insurance Fund of the Russian Federation, as well as representatives of public control bodies in order to conduct inspections of working conditions and labor protection and investigate industrial accidents and occupational diseases;
fulfillment of orders of officials of the federal executive body authorized to exercise federal state supervision over the observance of labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established area of ​​activity, and consideration of submissions public control bodies within the time limits established by this Code and other federal laws;
compulsory social insurance of employees against industrial accidents and occupational diseases;
familiarization of employees with labor protection requirements;
development and approval of rules and instructions on labor protection for employees, taking into account the opinion of the elected body of the primary trade union organization or another body authorized by employees in the manner prescribed by Article 372 of this Code for the adoption of local regulations;
availability of a set of regulatory legal acts containing labor protection requirements in accordance with the specifics of their activities.

N 197-FZ, Labor Code of the Russian Federation, current edition.

Commentary on Art. 212 of the Labor Code of the Russian Federation

Comments on the articles of the Labor Code will help to understand the nuances of labor law.

§ 1. Article 212 of the Labor Code provides that the employer is obliged to ensure healthy and safe working conditions, labor protection for all employees of his production. She consolidated a whole set of rules for labor protection. It contains 22 basic obligations of an employer in this area.

§ 2. Given in Art. 212 of the Labor Code, the list of employer's obligations to ensure labor safety is not exhaustive. They are supplemented by the relevant standards for the system of occupational safety standards for specific types of work, the norms of the Code and other laws and regulations, as well as collective agreements and agreements, rules of internal work schedule.

All the main responsibilities of the employer (his administration) in the field of labor protection can be grouped into the following two groups.

The first group includes the employer's responsibilities for organizing labor protection, which include the creation and operation of services, labor protection committees, financing and planning of labor protection, preventive supervision and control. This group includes the obligations of the employer to ensure:

1) training in safe methods and techniques for performing work on labor protection and first aid in case of accidents at work, instruction on labor protection, internship at the workplace and testing knowledge of labor protection requirements, safe working methods and work methods;

2) non-admission to work of persons who have not undergone training and instruction in labor protection in accordance with the established procedure, training and testing of knowledge of labor protection requirements;

3) certification of workplaces for working conditions with subsequent certification of labor protection work in the organization;

4) in the cases provided for by labor legislation, the organization at the expense of the employer of mandatory preliminary (upon admission to work) and periodic (during employment) medical examinations of employees and obligatory psychiatric examinations of employees at their request in accordance with medical recommendations, as well as extraordinary medical examinations at the request of employees while maintaining the position and average earnings of the employee for this time;

5) non-admission of an employee without passing the mandatory medical examinations to fulfill his job duties;

6) informing employees about the state of labor protection at their workplaces, the existing risk of damage to health, etc .;

7) presentation to all bodies of supervision and control over the observance of labor legislation and labor protection and bodies government controlled labor protection of the information and documents they need to exercise their powers and the unhindered admission of their officials to conduct inspections;

8) investigation and registration of industrial accidents and occupational diseases;

9) development and approval of rules and instructions on labor protection for employees, taking into account the opinion of the elected body of the primary trade union organization or other authorized body in accordance with Art. 372 of the Labor Code for the adoption of local regulations;

10) compulsory social insurance of employees against industrial accidents and occupational diseases.

The second group of duties of the employer in labor protection is his responsibility to ensure the implementation by employees of their right to labor protection, its safe conditions. This group includes the employer's obligations to ensure:

1) the safety of workers during the operation of buildings, structures, equipment, the implementation of technological processes, as well as tools, raw materials and materials used in the production;

2) familiarization of employees with labor protection requirements;

3) the use of individual and collective protective equipment and their provision of all employees in need of them at the expense of the employer;

4) compliance of each workplace with the requirements of labor protection, safe working conditions;

5) the mode of work and rest of employees in accordance with labor legislation;

6) the purchase and issuance of special clothing, special footwear and other personal protective equipment, washing and neutralizing agents at their own expense, according to the established norms and terms of issuance at work with harmful and (or) hazardous working conditions, in special temperature conditions or conditions associated with with pollution;

7) sanitary and household and treatment-and-prophylactic services for employees in accordance with the requirements of security and the fulfillment of other duties provided for in Art. 212 of the Code.

§ 3. To all those specified in Art. 212 of the Labor Code, the employer's obligations to ensure safe conditions and labor protection must necessarily be added to his duties to ensure special labor protection for women, minors in accordance with chapters 41 and 42 of the Labor Code, as well as disabled people.

The next comment on article 212 of the Labor Code of the Russian Federation

If you have questions about art. 212 TC, you can get legal advice.

1. Articles 22 and 212 of the Labor Code contain a set of basic obligations of the employer in the field of labor protection. The addition and specification of these obligations is carried out both by the Labor Code (Articles 213, 221, 222, etc.) and other laws and legal acts. These responsibilities are the basis for developing collective agreements and agreements, internal labor regulations and other local regulations.

2. The obligations of the employer to ensure safe conditions and labor protection correspond to the rights of workers and government agencies related to the requirements of their implementation. Failure by the employer to fulfill his obligations may serve as a basis for the employee's refusal to work that directly threatens his life and health (see Art. 379 of the Labor Code and the commentary to it), as well as for bringing the perpetrators to justice.

3. In accordance with SNiP 2.09.04-87 "Administrative and domestic buildings", the employer is obliged to provide sanitary and domestic services to employees, determining the needs for sanitary premises and devices based on the specifics of production.

The employer cannot allow the use of new materials, raw materials that have not passed a special examination of their effect on the body and health of the employee (safety certificates) (see article 215 of the Labor Code and the commentary to it).

4. In accordance with Federal Law No. 426-FZ of December 28, 2013 "On Special Assessment of Working Conditions", the legal instrument for special assessment of working conditions is intended to replace certification of workplaces.

A special assessment of working conditions is a single set of consistently implemented measures to identify harmful (or) dangerous factors of the working environment and the labor process and assess the level of their impact on the employee, taking into account the deviation of their actual values ​​from the standards (hygiene standards) established by the federal executive body authorized by the Government of the Russian Federation working conditions and the use of means of individual and collective protection of workers.

Based on the results of a special assessment, four classes of working conditions are established (optimal, permissible, harmful and hazardous). Harmful conditions are further subdivided into four subclasses. It is possible to reduce the class (subclass) of working conditions in the case of employees using effective means personal protection, as well as in relation to workplaces corresponding to industry characteristics.

No specific assessment is made for the working conditions of homeworkers, teleworkers and workers who have entered labor Relations with employers - individuals who are not individual entrepreneurs.

The results of a special assessment of working conditions can be used by the employer in all procedures related to labor protection:

when providing workers with guarantees and compensations for work in harmful and (or) dangerous working conditions;

when developing and implementing measures to bring working conditions in line with state regulatory requirements for labor protection;

when providing employees with means of individual and collective protection;

when monitoring the state of working conditions at workplaces;

when organizing mandatory preliminary and periodic medical examinations;

when assessing the level of professional risks;

when investigating industrial accidents and occupational diseases.

The responsibility for organizing and financing a special assessment of working conditions is imposed on the employer, who is obliged to carry out it at least once every five years together with a specialized organization engaged on the basis of a civil law contract.

A special assessment of working conditions is carried out by a commission, which includes representatives of the employer (including a labor protection specialist) and employees.

The employer must ensure that employees are familiarized with the results of a special assessment of working conditions at their workplaces against signature no later than 30 calendar days from the date of approval of the commission's report. Evaluation materials are transferred to the federal state information system taking into account the results of a special assessment of working conditions, the formation of which was entrusted to the Ministry of Labor and Social Protection of the Russian Federation. In addition, employers were obliged to post the results of the assessment on their official websites.

In relation to workplaces where potentially harmful and (or) dangerous factors, provides for the declaration of compliance of working conditions with state regulatory requirements. Working conditions at such workplaces are recognized as acceptable. The declaration is valid for five years and automatically renews for the same number in the absence of industrial accidents and occupational diseases.

5. The employer is obliged to develop and approve, taking into account the opinion representative body workers rules and instructions on labor protection. It is the employer's responsibility to familiarize employees with them when concluding an employment contract (see article 68 of the Labor Code and a commentary to it).

The rules and instructions on labor protection, being local regulations, must be adopted taking into account the rules set forth by the TC, to their development and approval (see Articles 5, 8, 372, etc. of the TC). They are developed on a cross-sectoral or sectoral basis. model instructions on labor protection. Labor protection rules and instructions must correspond to the names of professions and lists of types of work available to the employer.

The revision of rules and regulations should be carried out at least once every five years. In the event of a change in the working conditions stipulated by the labor contract (Art. 57 of the Labor Code), as well as the rules and instructions on labor protection, the revision of the latter is possible subject to the norms of Art. 74 TC, i.e. first of all, subject to the employee's written notification of this no later than two months in advance.

ST 212 of the Labor Code of the Russian Federation.

Responsibilities for ensuring safe conditions and labor protection are assigned to
employer.

The employer is obliged to ensure:

• the safety of workers during the operation of buildings, structures, equipment, the implementation of technological processes, as well as tools, raw materials and materials used in the production;
• creation and operation of a labor protection management system;
• the use of those who have passed mandatory certification or declaration of conformity in accordance with the procedure established by the legislation of the Russian Federation on technical regulation of means of individual and collective protection of workers;
• working conditions corresponding to labor protection requirements at each workplace;
• the mode of work and rest of employees in accordance with labor legislation and other regulatory legal acts containing labor law norms;
• purchase and issuance of special clothing, special footwear and other personal protective equipment, washing and neutralizing agents, which have undergone mandatory certification or declaration of conformity in accordance with the procedure established by the legislation of the Russian Federation on technical regulation, in accordance with the established norms to workers employed in work with harmful and (or) dangerous working conditions, as well as at work performed in special temperature conditions or associated with pollution;
• training in safe methods and techniques for performing work and providing first aid to injured workers at work, conducting briefing on labor protection, internships at the workplace and testing knowledge of labor protection requirements;
• non-admission to work of persons who have not undergone training and instruction in labor protection in accordance with the established procedure, training and testing of knowledge of labor protection requirements;
• organization of control over the state of working conditions at workplaces, as well as over the correct use of personal and collective protective equipment by employees;
• conducting a special assessment of working conditions in accordance with the legislation on a special assessment of working conditions;
• in cases stipulated by labor legislation and other regulatory legal acts containing labor law, organize mandatory preliminary (upon admission to work) and periodic (during employment) medical examinations, other mandatory medical examinations, mandatory psychiatric examinations at their own expense employees, extraordinary medical examinations, compulsory psychiatric examinations of employees at their request in accordance with medical recommendations, while retaining their place of work (position) and average earnings for the duration of the specified medical examinations, compulsory psychiatric examinations;
• non-admission of employees to the performance of their labor duties without undergoing compulsory medical examinations, compulsory psychiatric examinations, as well as in the case of medical contraindications;
• informing employees about working conditions and labor protection at workplaces, about the risk of damage to health, the guarantees provided to them, the compensations they are entitled to and personal protective equipment;
• granting to federal executive bodies exercising functions of developing state policy and normative legal regulation in the field of labor, to the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other normative legal acts containing labor law norms, to other federal bodies executive power exercising state control (supervision) in the established sphere of activity, the executive bodies of the constituent entities of the Russian Federation in the field of labor protection, the bodies of trade union control over the observance of labor legislation and other acts containing labor law norms, information and documents necessary for them to exercise their powers;
• taking measures to prevent accidents, preserve the life and health of workers in the event of such situations, including providing first aid to victims;
• investigation and registration of accidents at work and occupational diseases in accordance with the procedure established by this Code, other federal laws and other regulatory legal acts of the Russian Federation;
• sanitary and domestic services and medical support of workers in accordance with the requirements of labor protection, as well as the delivery of workers who become ill at the workplace to a medical organization in case of need for emergency medical care;
• unimpeded admission of officials of the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established area of ​​activity, executive bodies constituent entities of the Russian Federation in the field of labor protection, bodies of the Social Insurance Fund of the Russian Federation, as well as representatives of public control bodies in order to conduct inspections of working conditions and labor protection and investigate industrial accidents and occupational diseases;
• fulfillment of orders of officials of the federal executive body authorized to exercise federal state supervision over the observance of labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established area of ​​activity, and consideration of submissions public control bodies within the time limits established by this Code and other federal laws;
• compulsory social insurance of employees against industrial accidents and occupational diseases;
• familiarization of employees with labor protection requirements;
• development and approval of rules and instructions on labor protection for employees, taking into account the opinion of the elected body of the primary trade union organization or another body authorized by employees in the manner prescribed by Article 372 of this Code for the adoption of local regulations;
• availability of a set of regulatory legal acts containing labor protection requirements in accordance with the specifics of their activities.

Commentary on Art. 212 of the Labor Code of the Russian Federation

The rules and instructions on labor protection, being local regulations, must be adopted taking into account the rules set forth by the Labor Code of the Russian Federation, for their development and approval (see Art., And other Labor Code of the Russian Federation). They are developed on the basis of intersectoral or sectoral standard OSH instructions. Labor protection rules and instructions must correspond to the names of professions and lists of types of work available to the employer.

The revision of rules and regulations should be carried out at least once every five years. In the event of a change in the working conditions stipulated by the employment contract (), as well as the rules and instructions on labor protection, the revision of the latter is possible subject to the norms, i.e. first of all, subject to the employee's written notification of this no later than two months in advance.

Article 212. Obligations of the employer to ensure safe conditions and labor protection

• checked today
• code from 01/01/2020
• entered into force on 01.02.2002

There are no new revisions of the article that have not entered into force.

Compare with the revision of the article of 25.11.2013 31.03.2012 01.08.2011 11.01.2009 10.08.2008 06.10.2006 01.01.2005 11.05.2004 01.02.2002

The employer is responsible for ensuring safe working conditions and labor protection.

The employer is obliged to ensure:

• the safety of workers during the operation of buildings, structures, equipment, the implementation of technological processes, as well as tools, raw materials and materials used in the production;
• creation and operation of a labor protection management system;
• the use of those who have passed mandatory certification or declaration of conformity in accordance with the procedure established by the legislation of the Russian Federation on technical regulation of means of individual and collective protection of workers;
• working conditions corresponding to labor protection requirements at each workplace;
• the mode of work and rest of employees in accordance with labor legislation and other regulatory legal acts containing labor law norms;
• purchase and issue of special clothing, special footwear and other personal protective equipment, washing and neutralizing agents, which have undergone mandatory certification or declaration of conformity in accordance with the procedure established by the legislation of the Russian Federation on technical regulation, in accordance with the established norms to workers employed in work with harmful and (or) dangerous working conditions, as well as at work performed in special temperature conditions or associated with pollution;
• training in safe methods and techniques for performing work and providing first aid to injured workers at work, conducting briefing on labor protection, internships at the workplace and testing knowledge of labor protection requirements;
• non-admission to work of persons who have not undergone training and instruction in labor protection in accordance with the established procedure, training and testing of knowledge of labor protection requirements;
• organization of control over the state of working conditions at workplaces, as well as over the correct use of personal and collective protective equipment by employees;
• conducting a special assessment of working conditions in accordance with the legislation on a special assessment of working conditions;
• in cases stipulated by labor legislation and other regulatory legal acts containing labor law norms, organize mandatory preliminary (upon admission to work) and periodic (during employment) medical examinations, other mandatory medical examinations, mandatory psychiatric examinations at their own expense employees, extraordinary medical examinations, compulsory psychiatric examinations of employees at their request in accordance with medical recommendations, while retaining their place of work (position) and average earnings for the duration of the specified medical examinations, compulsory psychiatric examinations;
• non-admission of employees to the performance of their labor duties without undergoing compulsory medical examinations, compulsory psychiatric examinations, as well as in the case of medical contraindications;
• informing employees about working conditions and labor protection at workplaces, about the risk of damage to health, the guarantees provided to them, the compensations they are entitled to and personal protective equipment;
• granting to federal executive bodies exercising functions of developing state policy and normative legal regulation in the field of labor, to the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other normative legal acts containing labor law norms, to other federal bodies executive power exercising state control (supervision) in the established sphere of activity, the executive bodies of the constituent entities of the Russian Federation in the field of labor protection, the bodies of trade union control over the observance of labor legislation and other acts containing labor law norms, information and documents necessary for them to exercise their powers;
• taking measures to prevent accidents, preserve the life and health of workers in the event of such situations, including providing first aid to victims;
• investigation and registration of accidents at work and occupational diseases in accordance with the procedure established by this Code, other federal laws and other regulatory legal acts of the Russian Federation;
• sanitary and domestic services and medical support of workers in accordance with the requirements of labor protection, as well as the delivery of workers who become ill at the workplace to a medical organization in case of need for emergency medical care;
• unimpeded admission of officials of the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established area of ​​activity, executive bodies constituent entities of the Russian Federation in the field of labor protection, bodies of the Social Insurance Fund of the Russian Federation, as well as representatives of public control bodies in order to conduct inspections of working conditions and labor protection and investigate industrial accidents and occupational diseases;
• fulfillment of orders of officials of the federal executive body authorized to exercise federal state supervision over the observance of labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established area of ​​activity, and consideration of submissions public control bodies within the time limits established by this Code and other federal laws;
• compulsory social insurance of employees against industrial accidents and occupational diseases;
• familiarization of employees with labor protection requirements;
• development and approval of rules and instructions on labor protection for employees, taking into account the opinion of the elected body of the primary trade union organization or other body authorized by employees in the manner prescribed by Article 372 of this Code for the adoption of local regulations;
• availability of a set of regulatory legal acts containing labor protection requirements in accordance with the specifics of their activities.

Lawyers' comments

Other section articles

Judicial practice under Art. 212 of the Labor Code of the Russian Federation

Amendments to Art. 212 of the Labor Code of the Russian Federation

References to Art. 212 of the Labor Code of the Russian Federation in legal advice

• felling of plantations that pose a threat when falling at and on a forest allotment
  

  09.11.2016 for the construction, reconstruction and operation of facilities, provided for in Articles 13, 14 and 21 of this Code. But as for the falls of trees during felling, then in Article 212 of the Labor Code of the Russian Federation it is said: The employer is obliged to ensure: the safety of workers during the operation of buildings, structures, equipment, the implementation of technological processes




06.10.2016 Good evening, Belle. Any type of work that an employee must perform on the basis of job description, should be at least safe, since based on Article 212 of the Labor Code of the Russian Federation the employer has the right to ensure safe working conditions. If the employee was charged additional responsibilities that are not peculiar to him




29.06.2016 confirmation that the application has been submitted, for example, contact personnel service for a receipt in receipt of the application. You do not have to pay for the issued form. First, according to Article 212 of the Labor Code of the Russian Federation the employer is obliged to provide you with the necessary protective clothing at its own expense. And secondly, there is such a document - "Typical industry norms free




08.02.2016 In 2013 and earlier, employers carried out certification of workplaces. This responsibility was assigned to them in article 212 of the Labor Code of the Russian Federation Since the beginning of 2014, certification has been replaced by special assessment working conditions. Corresponding amendments have been made to the Labor Code, where the very concept of “attestation

• Violation of working conditions
  

  02.11.2015 danger. Please inform me in writing about the moment of elimination of the indicated danger. Since the obligation to ensure safe working conditions lies with the employer ( Art. 212 of the Labor Code of the Russian Federation), I ask you to pay all the downtime due to my refusal to work in accordance with Part 1 of Art. 157 of the Labor Code of the Russian Federation - in the amount of at least 2/3 of my average earnings. A copy of the act

• On the transfer of personal data
  

  25.09.2015 , powers and responsibilities; That is, the employer has some responsibilities, in particular, the organization of the medical examination of employees, as stated in Article 212 of the Labor Code of the Russian Federation: The employer is obliged: in cases stipulated by labor legislation and other regulatory legal acts containing labor law, to organize

• Recovery of damage from an employee
  

  09.06.2015 Article 212 of the Labor Code of the Russian Federation

• Recovery of damage from an employee
  

  09.06.2015 is obliged: to provide employees with equipment, tools, technical documentation and other means necessary for the performance of their labor duties; And in Article 212 of the Labor Code of the Russian Federation it is said: The employer is obliged to ensure: - the safety of workers during the operation of buildings, structures, equipment, the implementation of technological processes

• Subbotniks - is it voluntary or not?
  

  28.04.2015 sign thus expressing consent. In addition, in accordance with Article 153 of the Labor Code of the Russian Federation, weekends are paid twice. I would like to recall more norms Art. 212 of the Labor Code of the Russian Federation according to which the employer is obliged to provide employees with safe working conditions. Now imagine for a minute. what is a subbotnik, is it

• Opening hours
  

  27.04.2015 his work in accordance with Article 153 of the Labor Code of the Russian Federation in double the amount for all hours worked and the fulfillment of the employer's safety obligations in accordance with Article 212 of the Labor Code of the Russian Federation... If something happens to the employee. let's say work injury while performing official duties. who will be responsible? Certainly not an employer

  Article 212 of the Labor Code of the Russian Federation
  

  06.10.2014 Individual entrepreneurs and legal entities in accordance with the activities carried out by them are obliged to: carry out hygienic training of employees. And in Article 212 of the Labor Code of the Russian Federation it is said: The employer is obliged to provide: training in safe methods and techniques for performing work and providing first aid to victims at work, conducting

• passing Sanminimum
  

  12.07.2014 filled completely, only after that it can be changed, even in the case of its outdated format. With regards to lectures and the actual payment for the knowledge gained. According to Article 212 of the Labor Code of the Russian Federation the obligation to train, as well as to pay for such training, rests with the employer. Responsibilities for ensuring safe conditions and labor protection are assigned

• whether payments are due as for an insured event
  

  04.03.2014 Good evening, Bella. In the case described by you, the employer is right, since this injury is an accident, but it is not related to production ( Art. 108, 212, 227 of the Labor Code of the Russian Federation), so you should only be paid a certificate of incapacity for work on a general basis. Non-work-related injury for two reasons: 1.the worker fell outside