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 from 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 functioning of the 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 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 the functions of developing state policy and 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 regulatory 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 for workers in accordance with the requirements of labor protection, as well as the delivery of workers who fall 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 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, and consideration of submissions public control bodies within the time frames 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

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  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 the job description must be at least safe, since on the basis of 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 with additional duties that are not characteristic of him




29.06.2016 confirmation that the application has been submitted, for example, contact the HR department 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 of Free




08.02.2016 In 2013 and earlier, employers carried out certification of workplaces. This duty 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 a special assessment of 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 norms, 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, weekend wages are doubled. 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 an occupational injury during the performance of 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 their activities, 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

The organization has the obligations of the employer in the field of working conditions and labor protection of employees, which are listed in article 212 of the Labor Code of the Russian Federation. Leaders need to know them and strictly follow them. The information of the article and employees will not interfere.

Occupational safety and health refers to measures that protect workers in the company of people. This allows good performance to be maintained. If they are violated, then there will be an increased risk of injury. In addition to government agencies and those subordinate to them, employers are involved in the field of security. You can learn about their responsibilities from this article.

Labor Code provisions

The law imposes the following obligations on the employer in the field of labor protection.

1. Responsibility for safety while in buildings, contact with equipment, implementation of technical procedures and in the production process rests with the employer. A more specific circle is described in the tenth chap. Labor Code of the Russian Federation.
2. PPE and SKZ. When using the equipment and premises, the conditions correspond to the standards contained in Art. 211. The law contains rules that make it safer for workers to find their places. Reconstruction and construction projects must comply with the requirements of the law. These include obligations for the certification of products, vehicles and equipment used.
3. Meeting the requirements of labor protection.
4. Operating modes according to the law. The concept of this time is specified in the norms of the Labor Code. The working period refers to the time when employees are required to perform duties based on labor agreements. Its duration is no more than 40 hours in 7 days. Rest refers to the time when the employee does not perform his work functions and uses it as he sees fit. This period includes breaks, weekends, shift intervals, holidays and vacation time.
5. Purchase of PPE, separate clothing and footwear for employees employed in high-risk production. To this end, the employer prepares a list of specialties and jobs where these devices are given out free of charge. Also, these duties of the employer in the field of labor protection include the need to store, repair, wash and disinfect PPE.
6. Passing training in safe ways, providing instruction and internship, as well as excluding those who have not passed these instances from duties. Article 212 of the Labor Code of the Russian Federation says that the training system includes an obligation to instruct, train, test and train personnel on how to provide medical care. When instructed, they show what harmful factors are, talk about the legislation and order within the company, as well as how to provide medical assistance.
7. Monitoring compliance with local conditions, how to use PPE and VHC correctly. The employer must comply with the conditions for anyone at all times. Conditions are indicated for compliance with requirements during management reviews. For example, from the beginning of the day, you should check that the equipment is functioning properly.
8. Verification of places with procedures for certification in the field of labor protection.
9. Preparatory, periodic and extraordinary medical examinations according to the recommendations for work. The employer's responsibilities to ensure safe working conditions and labor protection include conducting medical examinations in the required manner at their own expense.
10. Inadmissibility to the use of labor functions, if the necessary examinations have not been passed. The management is obliged to remove those who did not pass the necessary medical examinations. Do not allow workers who have contraindications.
11. Communicating information to employees that there are risks in the field, as well as payment of compensation. The data is communicated to both new and existing employees. For example, when someone is hired to work with harmful conditions, this should be reported in detail (risks, injury risk, whether VHCs have been established, whether workers will receive compensation, whether the salary is increased, whether milk or diet food is provided, etc.). It is the employer's responsibility to ensure safe working conditions and labor protection at the enterprise to inform about the situation in specific places and throughout the company.
12. Presentation of the required papers to government agencies overseeing labor protection.
13. Taking measures to prevent situations that are dangerous to people. An accident is a case in which an employee injured his health during work. The employer must investigate, analyze and take measures to eliminate the consequences and prevent situations in the future.
14. Examination of injuries at work, the development of occupational diseases.
15. Sanitary, household, medical and preventive services for employees in accordance with labor protection requirements (Article 212).
16. The admission of those who serve in government agencies authorized to monitor the observance of protection, and representatives of organizations from the public. State supervision is carried out by the Federal Labor Inspectorate. There is also control within the statements, for which the local authorities are responsible.
17. Compliance with the instructions of the state supervision authorities regarding compliance with labor protection requirements. If they are not met, management is held accountable.
18. Social insurance against possible injuries, injuries and the development of occupational diseases. This is an obligatory institution that is part of the general structure of government insurance. Regardless of the form of the company, all employees must be insured.
19. Providing information on the conduct of labor protection. The agreement where the employee is signed must reflect all the conditions, including labor protection. The employer should have a complete package of documents, which contains all the conditions that meet the requirements of labor protection. These include industry-specific and circulating between paper industries, sanitary rules regarding safety, operation, hygiene, as well as state standards.

Important! According to the law on labor protection in the Russian Federation and the code, workers, working in hazardous conditions, at uncomfortable temperatures and with increased pollution, are entitled to the issuance of separate clothing, footwear and PPE. Let us analyze what PPE is, and consider each of the elements separately.

Clothing protects employees from harmful influences in the production process. It ensures proper body temperature, is comfortable and does not restrict movement. Special clothing must also comply with the safety standards established in legal acts.

Special footwear must protect the body from aggressive external influences, be comfortable and meet the standards.

Other PPE reflects such devices as helmets, masks, stockings, special gear, spacesuits, belts, rugs. They are issued based on the specifics of the work performed at the expense of the organization, whose duties include the application of measures to ensure safe working conditions and labor protection. So, glasses prevent chips from entering the eyes, rubber rugs protect electricians from electric shock, firefighters need helmets to protect them from fire. Funds are issued to employees for use, not property, and upon dismissal they must be returned.

The activity should not harm or pose a risk to life. To this end, the duties of ensuring safe conditions and labor protection for the employer include taking measures, organizing workplaces, using PPE and VHC, observing the regime, taking measures to prevent occupational diseases, injuries, infections and poisoning.

The level of harmlessness is established by the labor protection rules. For example, the use of mechanisms, cars, various devices, their manufacture and transportation, storage of hazardous materials that affect a person, are implemented only if the conditions for working with substances that are established by the rules are observed.

A responsibility

If the employer's responsibility to ensure a safe environment is not fulfilled, the employer can be held liable and the consequences will be serious.

1. The employer must compensate for the damage caused to the employee's property.
2. He will have to answer financially if an employee is injured or has an occupational disease during the production process.
3. Responsibility for labor protection is in the form of compensation for moral damage due to inaction or incorrect and illegal actions of the management.
4. Recovery from 5 to 50 minimum wages will occur if the provisions regarding labor protection are violated.
5. Criminal liability - fines ranging from 200 to 500 minimum wages, correctional labor from 2 to 5 months, or a prison term of up to 2 years for violating the fundamentals of security, which caused serious harm to a person. If the person dies, the punishment will increase to 5 years.
6. If safety rules are violated during construction, mining or similar work, resulting in serious harm, the manager will face a criminal punishment in the form of a prison term of up to 3 years, and upon the death of an employee - up to 10 years.

If security requirements are violated, work in the company must be suspended or liquidated. The suspension is made if it is carried out with dangerous violations. The employer's responsibility to ensure a safe environment includes compliance with the instructions issued by the employees of the state labor inspectorate until the violations are eliminated. But such decisions can be appealed to a court or administrative instance.

The organization is completely liquidated (only one department may be terminated) on the basis of a court decision at the request of the executive power, which resolves issues in the field of labor protection, or the labor inspection at the federal level, if there is a state expert opinion for that.

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 functioning of the 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 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 the functions of developing state policy and 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 regulatory 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 industrial accidents 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 for workers in accordance with the requirements of labor protection, as well as the delivery of workers who fall 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 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, and consideration of submissions public control bodies within the time frames 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 an elected body of a 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, should be adopted taking into account the rules set forth by the Labor Code of the Russian Federation, for their development and approval (see Art., Etc. of the Labor Code of the Russian Federation). They are developed on the basis of cross-sectoral 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 by 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.

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 functioning of the 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 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 the functions of developing state policy and 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 regulatory 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 industrial accidents 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 for workers in accordance with the requirements of labor protection, as well as the delivery of workers who fall 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 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, and consideration of submissions public control bodies within the time frames 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 an elected body of a 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, and internal labor regulations.

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 employer's obligations 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 to the performance of his labor duties without undergoing compulsory medical examinations;

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

7) submission to all bodies of supervision and control over the observance of labor legislation and labor protection and government bodies of 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 means of individual and collective protection 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 security requirements 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 the development of 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 employees and state bodies related to the requirements of their implementation. Failure by the employer to fulfill his duties 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 Art. 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) hazardous 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 (hygienic 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. The possibility of reducing the class (subclass) of working conditions is provided for in the case of employees using effective personal protective equipment, as well as in relation to workplaces corresponding to industry characteristics.

No special assessment is made for the working conditions of homeworkers, teleworkers and workers who have entered into labor relations with employers who are individuals who are not sole proprietors.

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;

in the development and implementation of 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 assigned to the employer, who is obliged to carry out it at least once every five years together with a specialized organization involved 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 for recording the results of a special assessment of working conditions, the formation of which is entrusted to the Ministry of Labor and Social Protection of the Russian Federation. In addition, employers were required to post the assessment results on their official websites.

In relation to workplaces where potentially harmful and (or) hazardous factors have not been identified, a declaration of the compliance of working conditions with state regulatory requirements is provided. Working conditions at such workplaces are recognized as acceptable. The declaration is valid for five years and is automatically renewed 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 of the representative body of employees, 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 the basis of cross-sectoral 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 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.

Labor activity is often associated with the impact of unfavorable factors on the body of a working person. For this reason, every Russian employer, regardless of any circumstances, must create working conditions for its employees that meet safety requirements. The main obligations of the employer to ensure safe working conditions are enshrined in the Labor Code of the Russian Federation. A single set of these responsibilities forms a labor protection system in our country designed to protect workers from negative production factors and minimize the number of industrial diseases, injuries, and industrial accidents.

Obligations of the employer in the field of labor protection

Preserving the life and health of workers is one of the main tasks in the formation of the system of labor protection requirements. It contains measures of a different nature, including:

• organizational and technical;
• sanitary, preventive, medical, rehabilitation and others.

Occupational hazards must either be eliminated or comply with the stipulated standards.

The list of basic measures aimed at fulfilling the employer's obligation to ensure safe conditions and labor protection is enshrined in Art. 212 of the Labor Code of the Russian Federation. Among them are the following:

• establishment of a labor protection system in production and its management;
• the use of certified means of protecting workers from negative factors in production;
• ensuring safety in the workplace;
• observance of the work and rest regime in accordance with the requirements of the legislation;
• providing employees with overalls and other special protective equipment at their own expense;
• training in safety skills at work, including, inter alia, briefing, training, control over the availability of relevant knowledge on safety at work;
• assessment of working conditions on the basis of relevant legislation;
• ensuring that employees undergo medical examinations;
• providing employees with all the necessary information about the conditions and risks of work;
• investigation of cases of injuries and illnesses received at work;
• ensuring the rights of employees on social insurance, etc.

Employer's responsibility

Ensuring that employers comply with labor protection measures is one of the main tasks of the state in this area of ​​legal relations. For this purpose, the legislation establishes liability for non-compliance with the relevant requirements.

Provides sanctions for:

• failure to comply with labor protection requirements;
• violation in the field of assessment of working conditions;
• admission to work without providing knowledge in the field of labor protection, as well as without medical examinations;
• failure to provide employees with personal protective equipment.

Provides for criminal liability for violations in this area.