Typical labor protection violations. Typical violations in the field of labor protection. Measures to comply with labor protection measures: from the right to training to conducting a special assessment of working conditions

established by Article 419 of the Labor Code of the Russian Federation. Those found guilty of violating the provisions labor legislation may be subject to disciplinary, material, administrative and even criminal liability. We will talk about this in more detail later in the article.

Responsibility for violation of labor protection requirements

Occupational safety is a set of measures that together ensure the protection of employee health in the process of carrying out labor activity.

The main occupational safety measures are established by the legislator and are conditionally divided into several groups:

Legal. This group includes maintaining documentation at the enterprise, in particular the conclusion of individual and collective labor contracts.
Socio-economic. This group includes compulsory insurance of employees, payment of all required compensations and provision of benefits.
Organizational and technical. These activities ensure proper working conditions for employees. In particular, we're talking about on carrying out mandatory certification of workplaces, personnel optimization, etc.
Sanitary and hygienic, including providing workers with special uniforms.
Preventive, which are responsible for creating a system of sports rehabilitation for employees and conducting mandatory medical examinations.

The requirements of the Labor Code of the Russian Federation in the field of labor protection are defined in Chapter 34. In particular, these include the following responsibilities of the employer:

ensuring the labor regime at the enterprise;
purchasing and issuing special clothing;
carrying out special assessment working conditions, etc.

That is, the employer and officials responsible for labor protection must ensure proper working conditions for each employee - otherwise, those responsible will be held accountable.

Disciplinary responsibility

If an employee does not properly perform the duties assigned to him, he faces one of the following penalties:

comment;
rebuke;
dismissal.

At the same time, the legislator does not allow an employee to be held accountable for whose actions there were no signs of guilt, and only one punishment can be imposed for one offense. The employer has the right to conduct service check and find out all the circumstances of the incident, as well as bring the perpetrator to justice no later than a month from the date of discovery of the violation.

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Material liability

The employer must take care in advance to include a clause on financial liability in the text labor contract or sign with an employee additional agreement on this occasion. After an employee learns that he is financially responsible within the framework of his position, if damage is caused to the enterprise, he will be obliged to compensate it. However, let’s make a reservation right away: we are talking only about actual losses; the organization’s lost benefits are not paid to employees.

In order for an employer to be able to hold an employee financially liable, the following conditions must be met:

the employee's actions must be unlawful;
there must be guilt in the actions (or inactions);
There must be a causal connection between consequences and actions.

Important! The employee is responsible only for the amount of his monthly earnings. The exception is cases when, through his fault, the employer paid certain amounts to the injured persons - in such a situation, the employee, in addition to direct damage, also compensates for these payments.

Administrative responsibility

The Code of Administrative Offenses of the Russian Federation contains a norm that covers issues of administrative liability for violation of labor protection requirements. We are talking about Article 5.27. In addition to this composition, there are special rules that clarify responsibility in specific areas of activity, for example Art. 9.2 (design hydraulic structures) or 9.3 (tractor control, etc.).

The subjects of offenses in this case may be:

officials of the enterprise (they may limit themselves to a fine imposed by the labor inspectorate);
head of the organization (we are talking only about legal entities);
Individual entrepreneur (if there are employees on staff).

Important! This composition provides only for the intentional guilt of the offender.

Criminal liability

The Criminal Code of the Russian Federation also contains several articles that indicate signs of violation of labor safety standards. In particular, we are talking about articles 143 and 215-219. The specificity of this type of liability is that only individuals(for example, specific employees of the organization or the head of the enterprise).

Thus, the legislator in relation to those guilty of violating labor protection requirements is not limited to only disciplinary or financial liability, provided for by the Labor Code of the Russian Federation. If their actions contain elements of an administrative offense or crime, they can also be held accountable under the norms of the Code of Administrative Offenses and the Criminal Code of the Russian Federation - it all depends on the severity and nature of the violation.

30.07.2018

In the course of work, there are often cases of various incidents, emergencies, and harm to the health of workers and equipment.

Such cases often occur due to violations of labor protection and production safety standards.

Federal legislation, along with local regulations, provides a list of penalties and safety rules at work, both in relation to workers and the employer.

List of major violations of industrial safety rules

List of main violations of legislation in this area contained in the standards labor law , as well as recommendations and other normative legal acts ministries and departments according to the profile of the organization’s activities.

In some cases, violations may be of a specific nature, taking into account the area of activity of the enterprise.

Examples of major violations of industrial safety requirements and standards include:

There are also specific disorders, allowed by both parties to work activity - when working at height, the employer does not provide employees with safety equipment; when working with flammable substances, there are no fire extinguishing equipment.

These violations are of a special nature, as they are characteristic of organizations operating in certain areas of production.

Rough

The legislator also identifies certain types of violations, both on the part of the employee and the employer, which are classified as gross:

Resulting in the death of a person

If a violation of labor protection and safety rules has resulted in the death of an employee, the management of the organization should act within certain stages established by labor legislation:

First of all, it is necessary to call a medical service to provide assistance or establish the fact that the death of an employee has been recorded.
After this, you should notify the employee’s relatives or legal representatives about the fact of death at work, while calling the police to record the circumstances and causes of death.
You should also create special commission to investigate an industrial accident by the enterprise’s employees by issuing an appropriate order.
Carrying out inspection activities by the labor inspectorate and law enforcement agencies.
Issuing a conclusion from the accident investigation commission and the police about the circumstances of the incident and identifying those responsible for the incident.

Sample punishment order

The execution of an order for punishment for violation of labor protection rules should only be carried out on the grounds of labor legislation and comply with occupational safety regulations.

Also such a document must comply with the rules and standards of GOST on document flow and the rules for maintaining documentation of the enterprise itself.

The document must indicate:

name of company;
the basis for punishment and confirmation of the employee’s guilt;
indication of the employee’s personal data and indication of his position;
norms of labor legislation that the employee violated.

Useful video

Criminal liability for violation of labor protection requirements is discussed in detail in this video.

Option 1: employer hazardous work did not drive, but was found guilty of violating labor protection requirements

Example: another building is being constructed next to the employer's building. A worker walking past a construction site in work time, was injured. The cause of the accident was a violation of safety requirements of officials construction organization. However, the employer was also found guilty of violating labor protection requirements.

What was the violation: the employer was found guilty of violating labor safety requirements because he did not promptly provide instructions and did not inform workers about the risk of health damage when moving near the construction site third party organization.

The employer faces the risk of paying compensation established by Art. 184 Labor Code of the Russian Federation, as well as compensation moral damage employee. In addition, the employer may be held administratively liable under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

Justification for qualification: Article 212 of the Labor Code of the Russian Federation imposes obligations on the employer to ensure labor protection at the enterprise, including ensuring:

safety of workers during the operation of buildings, structures, equipment, implementation technological processes, as well as tools, raw materials and supplies used in production;
training in safe methods and techniques for performing work and providing first aid to victims at work, conducting labor safety briefings, on-the-job training and testing knowledge of labor safety requirements;
informing workers about labor conditions and safety in the workplace, about the risk of damage to health, the guarantees provided to them, the compensation they are entitled to and personal protective equipment.

In the situation described in the example, we are talking about an accident at work. It is subject to investigation, since the employee was injured “during working hours on the employer’s premises or in another place where work was performed, including during established breaks, as well as during the time necessary to put production tools and clothing in order, and perform other actions provided for by the internal labor regulations before the start and after the end of work.” (Article 227 of the Labor Code of the Russian Federation).

In accordance with Art. 184 of the Labor Code of the Russian Federation in case of damage to health or in the event of the death of an employee due to an accident at work or occupational disease the employee (his family) is compensated for his lost earnings (income), as well as additional expenses related to health damage for medical, social and professional rehabilitation or corresponding expenses in connection with the death of the employee. The amount and procedure for payments related to health damage are regulated by Federal Law No. 125-FZ of July 24, 1998 “On compulsory social insurance against industrial accidents and occupational diseases.” In addition, the employer may have an obligation to compensate the employee for moral damages.

According to the provisions of Art. 1064 of the Civil Code of the Russian Federation, harm caused to the person or property of a citizen, as well as harm caused to property legal entity, is subject to compensation in full by the person who caused the harm. The same provision provides that by law the obligation to compensate for harm may be imposed on a person who is not the causer of harm. The same article provides that the person who caused the harm is exempt from compensation for harm if he proves that the harm was not caused through his fault. However, the law may provide for compensation for harm even in the absence of the fault of the harm-doer.

Thus, if an employee receives an injury at work as a result of an accident, in addition to social insurance benefits, other compensation payments, the employee will be able to claim compensation for moral damage both from the causer of harm (a third-party organization carrying out construction) and from the employer guilty of violating the requirements of Art. 212 Labor Code of the Russian Federation.

In this situation, the court is inclined to admit the employer’s guilt in violating the requirements of Art. 212 of the Labor Code of the Russian Federation, if the violation consists of the employer’s failure to instruct his employees, failure to warn them about the danger of being near the construction site. The court is also inclined to recover compensation for moral damages from both the tortfeasor and the employer in favor of the employee (see the appeal ruling of the Lipetsk Regional Court dated February 17, 2014 in case No. 33-424/2014).

Option 2: the employer is unable to monitor the movements of an experienced employee, but is found guilty

Example: Despite the fact that the employee was trained and familiar with labor safety requirements, he moved around the enterprise territory carelessly: he slipped, stumbled, fell and, as a result, repeatedly received injuries of varying severity. The State Labor Inspector, when investigating accidents with an employee, determined that The employer is to blame for this.

What was the violation: the employer was found guilty of failing to ensure a satisfactory condition of the enterprise territory (apparently the smoothness of the surface (author’s note), failure to develop safe movement patterns around the territory.

Consequences for the employer (risks): The employer will have a risk of paying compensation established by Art. 184 of the Labor Code of the Russian Federation, as well as compensation for moral damage to the employee.

Justification for qualification: if the cause of accidents is recognized as unsatisfactory maintenance of the territory and deficiencies in the organization of workplaces, the employer’s inaction to develop measures to prevent the employee from being exposed to dangerous and harmful production factors when moving on the territory of the enterprise, and patterns of movement of workers around the territory of the enterprise (including in terms of determining the places of passage through the facility, movement and stopping of transport), this can be qualified as a violation of the requirements of Art. 220 Labor Code of the Russian Federation.

Justification of consequences (risks): compensation for lost earnings (income), as well as additional costs associated with damage to health for medical, social and professional rehabilitation are provided for in Art. 184 Labor Code of the Russian Federation.

Confirmation judicial practice: in this case, the court considers the employee’s demands, in addition to those received in accordance with Art. 184 of the Labor Code of the Russian Federation of payments, and in terms of the amount of compensation for moral damage (appeal ruling of the Lipetsk Regional Court dated February 17, 2014 in case No. 33-445/2014).

The court recognizes these requirements as legitimate even if it is established that the employee was properly instructed by the employer, taking into account the experience and duration of work of this employee at the same jobs and at the same workplace, and with his own negligence, which was one of the reasons for his accidents at work.

Violation of labor protection requirements by an employee

Sometimes the sides employment contract It is surprising that minor violations on the part of an employee are classified by the court as violations of labor protection requirements, which can serve as a legitimate basis for punishment and, sometimes, dismissal. Still, such cases are not uncommon, and they are also worth knowing about. To the employee - to eliminate the risk of being involved in disciplinary liability for seemingly minor shortcomings, which at first glance cannot be called a violation. And for the employer - to assess their own capabilities and the legality of imposing strict requirements on labor protection to employees, as well as punishment for their violation. For the most part, cases of such qualifications are typical for enterprises with increased fire and explosion hazards, for example, for oil refining enterprises.

Example: Example: an employee smoked on the employer’s premises, for which he was fairly punished.

What was the violation: the employer allows smoking at his enterprise in strictly designated areas. The employee was found guilty of violating labor safety requirements because he smoked in an undesignated place that had an increased fire and explosion hazard.

Consequences for the employer (risks): The employer faces the risk of paying compensation established by Art. 183 and 184 of the Labor Code of the Russian Federation, as well as compensation for moral damage to an employee in the event of an accident at work, which occurred partly due to smoking in an unspecified place.

Justification for qualification: employee in accordance with Art. 214 of the Labor Code of the Russian Federation is obliged to comply with labor protection requirements, including numerous internal instructions in force on the territory of the employing enterprise. The list and description of fire hazardous places at the enterprise, as well as fire safety requirements, can be established by special departmental acts, for example, the Rules for safe operation and labor protection for oil refineries dated April 1, 2001, approved by order of the Ministry of Energy of the Russian Federation dated December 27, 2000 No. 162.

Justification of consequences (risks): for committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply disciplinary action in the form of a reprimand, reprimand or dismissal on appropriate grounds (Article 192 of the Labor Code of the Russian Federation). In case of damage to health or in the event of death of an employee as a result of an industrial accident or occupational disease, the employee (his family) is compensated for his lost earnings (income), as well as additional costs associated with damage to health for medical, social and professional rehabilitation or corresponding expenses in connection with death of an employee (Part 1 of Article 184 of the Labor Code of the Russian Federation).

Confirmation by judicial practice: the court in this case considers smoking in an undesignated place to be a violation of not only discipline, but also labor protection requirements. As a result, the court recognizes as legitimate the punishment of an employee who violated labor safety requirements, in particular, who smoked in a fire-hazardous place at the enterprise (decision of the Leninsky District Court of Komsomolsk-on-Amur, Khabarovsk Territory dated 08/04/2011).

Example: Example: an employee of an explosive production facility put on an ordinary T-shirt instead of a work T-shirt, for which he was rightfully punished by the employer.

What was the violation: the employee was found guilty of violating labor safety requirements because he did not fully put on the set of work clothes issued to him by his employer.

Consequences for the employee (risks): the employee risks being subject to disciplinary action, including dismissal.

Consequences for the employer (risks): The employer faces the risk of an industrial accident, as a result of which the employee will have to pay compensation established by Art. 183–184 of the Labor Code of the Russian Federation, as well as compensation for moral damage.

It should be remembered that if, during the investigation of an accident with the insured, it is established that his gross negligence contributed to the occurrence or increase of harm caused to his health, then, taking into account the conclusion of the elected body of the primary trade union organization or another body authorized by employees, the commission establishes the degree of guilt of the insured as a percentage (Part 8 of Article 229.2 of the Labor Code of the Russian Federation).

Justification for qualification: employee in accordance with Art. 214 of the Labor Code of the Russian Federation is obliged to comply with labor protection requirements. Being at the workplace in uncertified clothing that does not meet labor safety requirements is a serious violation. Qualification example: in the event of an accident, due to his functionality, an employee may be involved in its elimination. If at this moment he is wearing clothes that do not meet safety requirements (capable of accumulating static electricity), then due to the specifics of production (gas explosion hazard), the accident will not be eliminated, and more serious consequences may occur. The T-shirt, which is workwear and is issued to employees, must be made of 100 percent cotton, and a certificate must be issued for it.

By his actions, the employee, by changing what seemed to be the same quality T-shirt, violated the labor protection requirements established by regulations at the federal and departmental level, and therefore the application of punishment to him for not wearing special clothing at work is legal. If an employee is provided with special clothing by the employer, then by not wearing it in whole or in part, the employee deliberately violates safety rules, which can contribute to accidents at the enterprise.

According to departmental rules and regulations (for example, the Rules for safe operation and labor protection for oil refineries dated April 1, 2001, put into effect by order of the Ministry of Energy of the Russian Federation dated December 27, 2000 No. 162), as well as internal local acts of a particular employer, it is prohibited to enter facilities with explosive zones wearing shoes with iron caps or nails, as well as clothing that can accumulate static electricity charges; During work, service personnel must use the special clothing, safety shoes and other personal protective equipment (PPE) issued to them. Thus, the plaintiff’s presence at the workplace in uncertified clothing that does not meet labor protection requirements is also a violation of labor protection requirements established by regulations.

Justification of consequences (risks): in accordance with Art. 192 of the Labor Code of the Russian Federation for committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply disciplinary sanctions. It is lawful to apply a proportionate punishment to an employee for wearing uncertified workwear at work.

According to Art. 184 of the Labor Code of the Russian Federation, as a result of an accident at work or an occupational disease, the employer becomes obligated to compensate the employee (his family) for his lost earnings, as well as additional expenses related to health damage for medical, social and professional rehabilitation or corresponding expenses in connection with the death of the employee.

Confirmation by judicial practice: the court in this case considers it legitimate to punish an employee who violated labor safety requirements while at work not wearing a T-shirt issued by the employer, which is part of the certified workwear, but in an ordinary T-shirt (decision of the Leninsky District Court of Komsomolsk-on-Amur, Khabarovsk Territory dated 08/04/2011 , by which the court found it legal and justified to reprimand an employee for wearing an uncertified T-shirt at the workplace).

Having considered the presented examples court decisions With the unusual qualification of actions/inactions of the parties to an employment contract as a violation of labor protection requirements, the following conclusions can be drawn:

Violations of labor protection are not only typical cases set out in regulations, but also situations that, although not fixed in the law, logically follow from established legislative requirements, as well as the norms of local regulations of the employer.
Even for minor sins, which the court nevertheless qualifies as a violation of labor protection requirements, the employee can be punished. And the court recognizes the punishment in this case as legal and justified, unless, of course, it establishes violations in the procedure for bringing the employee to disciplinary liability.
An employer may be found guilty of violating labor protection requirements even in the absence of harmful factors impact on the employee. After all, a violation is recognized as the lack of instructions, and even the failure to warn about the danger (failure to record this instruction) of obvious factors.
Thus, practice shows that an employer should not “relax”, considering himself to have completed everything established requirements labor protection. Sometimes unfortunate accidents can lead to the discovery of non-obvious violations. Of course, this does not mean promoting the logic of nihilism: “Oh, I will still be recognized as a violator of labor protection requirements in some way and held accountable for this.” The article provides a selection of non-standard qualifications of unusual situations that became known only due to the emergence of a legal dispute. In other cases, there will not necessarily be negative conclusions from the court or the state labor inspector about the employer’s violation of labor protection requirements. On the contrary, knowing about the legality of classifying minor violations in an employee’s behavior as violations of labor protection requirements, the employer will in the future receive additional leverage over the discipline of employees who consider it impossible and unlawful to punish them for such minor (as described in the examples) offenses.

1 Such consequences are possible in the case where a direct cause-and-effect relationship between an employee’s smoking in an unspecified place and an accident at work as a result of a fire, as well as the gross negligence of the employee himself, could not be established.

The right of everyone in Russia to work in favorable working conditions that meet safety and hygiene rules is enshrined in the Constitution.

Violation of labor safety rules: duty and responsibility

Russia is developing constitutional provisions and places the responsibility for ensuring a safe labor process, the conditions of which will comply with the regulatory requirements of the state, directly on the employer. This fact is enshrined in Article 22. At the same time, the state guarantees that it will protect the rights of citizens. This process is carried out through control (supervision) and disciplinary and civil law (419 Art. Labor Code of the Russian Federation), as well as administrative and criminal.

Art. 143 of the Criminal Code of the Russian Federation: violation of labor protection rules

This legal norm establishes the types (exhaustive list) of liability for violation of established mandatory requirements OT committed by an official who was entrusted with the duties (officials) for their implementation. Typically this is individual entrepreneurs, acting without forming a legal entity, the head of the enterprise or his deputies, as well as officials.

According to the text of the article, occupational safety requirements should be understood as state regulations contained in federal laws and other legal acts of Russia, as well as its constituent entities. Sanctions differ depending on the nature of the consequences that resulted from the criminal act.

Causing grievous harm

Criminal liability for violation of labor safety rules, as a result of which, through negligence, harm to a person’s health is caused, qualified as grave, implies one of the following sanctions:

fine up to 400 thousand rubles. or in an amount equal to wages(or other income of the convicted person) for a period of up to 1.5 years;
from 180 to 240 hours of compulsory work;
up to 2 years of correctional labor;
up to 1 year of forced labor;
up to 1 year of imprisonment; In addition, the convicted person may be deprived of the right to hold a specific position or engage in a specific type of activity for a period of up to a year.

What happens in case of death?

Criminal liability for violation of labor safety rules, as a result of which a person died due to negligence, implies:

up to 4 years of forced labor;
imprisonment for up to 4 years, additionally deprivation of the right to drive certain activities or hold a specific position for up to 3 years.

If, due to the negligence of a person who was entrusted with responsibilities (officials) to comply with occupational safety rules, two or more people died, then the above periods are increased by a year, that is, to 5 and 4 years, respectively.

What is the object of the crime?

Article 143 (violation of labor protection rules) of the Criminal Code of the Russian Federation that we are considering contains an indication of two objects of encroachment (direct): main and additional. The first means such public relations, which ensure compliance with occupational safety regulations, including safety precautions. An additional object of this norm is the life and/or health of people. In this case, victims can be not only employees of the enterprise, but also other persons whose activities on a permanent or temporary basis are in one way or another connected with the company.

Objective side: characteristics

The objective side of the criminal act in question (violation of labor protection rules) has three mandatory features, namely:

An act (inaction or action) associated with a violation of occupational safety rules, including safety regulations.
Consequence: death of an employee or harm to his health, defined as serious.
The presence of a cause-and-effect relationship between the act and the adverse consequences that occurred.

By design, the composition of this crime is material and has certain specifics. A criminal act is considered completed at the moment of causing harm to the victim’s health, defined as grave. In each specific case, a forensic medical examination is mandatory. In cases where a violation of the rules of occupational safety does not entail the consequences indicated above, then the elements of an attempt are not formed, due to the fact that it does not relate to the subject of criminal law regulation.

Subject and subjective side

The criminal law norm establishing liability for violation of labor safety rules has a special subject. This is a person who has been assigned responsibilities (officials) in the organization to comply with safety regulations (HS) and other occupational safety rules in the organization (in production, on site) or to monitor their implementation.

As for the subjective side, it is defined as a careless attitude in the form of frivolity or negligence of the guilty person. If during the investigation it is proven otherwise, that is, the presence of intent to cause grave consequences for the victim or his death, then we will be talking about criminal liability for a crime directed against the health and/or life of a person.

Thus, violation of labor protection rules (Criminal Code of the Russian Federation, Art. 143) has one qualifying feature - the presence of a cause-and-effect relationship between the act and the consequence. In other words, death or harm to health (only serious) must be the result of a violation of the OT rules.

Delimitation from Art. 285, 293 of the Criminal Code of the Russian Federation

Agree, violation of labor protection rules is quite close in meaning to the provisions of Art. 285, 293 of the criminal law, regulating abuse of official powers and negligence, respectively. In practice, such situations happen quite often, and you need to correctly separate one from the other. Analysis and differentiation are carried out based on labor responsibilities which were assigned to one or another official. In a crime under Art. 143 subject, as already mentioned, is a person who was directly entrusted with the responsibility to ensure labor safety, compliance with labor safety rules and who ignored them or performed them in bad faith.

In the case of Art. 293 everything is a little different. The subject will be the one who, in accordance with his official position, was obliged to have information about how things are at work or in an organization to ensure occupational safety, and to take appropriate measures to avoid an accident.

Court practice

The practice in cases of bringing to responsibility for violation of labor protection rules (Criminal Code of the Russian Federation) is reflected in the Resolution of the Supreme Court of the Russian Federation No. 1 of April 24, 1991. Let us dwell on some clarifications.

According to the provisions of the resolution, liability for this crime does not depend on the form of ownership of the enterprise. The subject is special, but this can include not only Russian citizens, but also stateless persons, as well as foreigners. If an act, namely a violation of occupational safety norms and rules, was committed by an employee who is not a person specified in norm 143 of the Criminal Code, but his action or inaction led to consequences, then the act is considered as a crime committed against a person.

When assigning punishment, judges are required to take into account the types of violations of labor safety rules that occurred, their nature, the severity of the consequences resulting from their commission, as well as other circumstances in accordance with the Criminal Code. Taking them into account, it is necessary to discuss the issue of imposing not only the main punishment, but also an additional one.

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