Tk rf article 218 in the new edition. Theory of everything

Article 218. Committees (commissions) for labor protection

At the initiative of the employer and (or) at the initiative of employees or their representative body, committees (commissions) for labor protection are created. Their composition on a parity basis includes representatives of the employer and representatives of the elected body of the primary trade union organization or other representative body of employees. The model regulation on the committee (commission) on labor protection is approved by the federal body executive power that performs the functions of generating public policy and legal regulation in the sphere of labor.

The committee (commission) on labor protection organizes joint actions of the employer and employees to ensure the requirements of labor protection, prevention of industrial injuries and occupational diseases, and also organizes inspections of labor conditions and labor protection at workplaces and informing employees about the results of these inspections, collecting proposals for the section of the collective agreement (agreement) on labor protection.

Commentary on Art. 218 Labor Code of the Russian Federation

1. The work of committees (commissions) on labor protection is carried out in accordance with model provision on the committee (commission) for labor protection, approved by the Order of the Ministry of Health and Social Development of Russia dated May 29, 2006 N 413 (Bulletin of labor and social legislation of the Russian Federation. 2006. N 6) .2. The labor protection committee (commission) is an integral part of the organization's labor protection management system, as well as one of the forms of employee participation in the organization's management in the field of labor protection.3. The size of the committee (commission) for labor protection is determined depending on the number of employees in the organization, the specifics of production, the number structural divisions and other features by mutual agreement of the parties representing the interests of the employer and employees.

New edition Art. 218 of the Labor Code of the Russian Federation

At the initiative of the employer and (or) at the initiative of employees or their representative body, committees (commissions) for labor protection are created. Their composition on a parity basis includes representatives of the employer and representatives of the elected body of the primary trade union organization or other representative body of employees. The model regulation on the committee (commission) on labor protection is approved by the federal executive body responsible for the development of state policy and legal regulation in the field of labor.

The committee (commission) on labor protection organizes joint actions of the employer and employees to ensure labor protection requirements, prevent industrial injuries and occupational diseases, and also organizes inspections of working conditions and labor protection at workplaces and informing employees about the results of these inspections, collecting proposals for the section collective agreement (agreement) on labor protection.

Commentary on Article 218 of the Labor Code of the Russian Federation

Article 218 Labor Code The Russian Federation determines that at the initiative of the employer and (or) at the initiative of employees or their representative body, committees (commissions) for labor protection are created. The composition of such a commission includes both representatives of the employer and representatives of the trade union of workers. The model regulation on the committee (commission) for labor protection was approved by Order of the Ministry of Health and Social Development of Russia dated May 29, 2006 N 413.

What questions are in the introduction of the committee? This body:

Considers the proposals of the employer, employees, trade unions and (or) other representative bodies authorized by employees to develop recommendations aimed at improving the conditions and labor protection of employees;

Provides assistance to the employer in organizing training for employees on labor protection, safe methods and methods of performing work, as well as testing knowledge of labor protection requirements and conducting timely and high-quality briefing of employees on labor protection;

Participates in conducting surveys of the state of conditions and labor protection in the organization, reviewing their results and developing recommendations for the employer to eliminate the identified violations;

Informs the employees of the organization about the measures taken to improve working conditions and labor protection, prevent industrial injuries, occupational diseases;

Brings to the attention of the employees of the organization the results of certification of workplaces in terms of working conditions and certification of work on labor protection;

Tells employees about the current standards for the provision of washing and disinfecting agents, certified special clothing, special footwear and other personal protective equipment, the correctness of their use, organization of storage, washing, cleaning, repair, disinfection and disinfection;

Facilitates pre-employment screening and periodic medical examinations and compliance with medical recommendations in employment;

Contributes to the timely provision of employees of the organization employed in work with harmful or dangerous working conditions, milk, and other equivalent food products and therapeutic and preventive nutrition;

Participates in the consideration of issues of financing labor protection measures in the organization, mandatory social insurance from accidents at work and occupational diseases, as well as control over the expenditure of funds of the organization and the FSS of Russia allocated for preventive measures to reduce occupational injuries and occupational diseases;

Assists the employer in introducing more advanced technologies into production, new technology, automation and mechanization production processes in order to create safe working conditions, eliminate heavy physical work;

Prepares proposals for improving work on labor protection and maintaining the health of workers, creating a system of moral and material incentives for employees who comply with labor protection requirements and ensure the preservation and improvement of their health;

Considers drafts of local regulatory legal acts on labor protection and prepares proposals on them to the employer, the elected trade union body and (or) another representative body authorized by employees.

The Committee has the right:

Receive from the employer information about the state of working conditions at the workplace, industrial injuries and occupational diseases, the presence of dangerous and harmful production factors and measures to protect against them, about the existing risk of damage to health;

Hear reports from the employer (his representatives), heads of structural divisions and other employees of the organization at the meetings of the committee on their fulfillment of their obligations to ensure safe conditions and labor protection at the workplace and to comply with the guarantees of the rights of employees to labor protection;

Hear at meetings of the committee of managers and other employees of the organization who committed violations of labor protection requirements that entailed serious consequences, and make proposals to the employer on holding them accountable in accordance with the legislation of the Russian Federation;

Participate in the preparation of proposals for a section of the collective agreement (agreement on labor protection) on issues within the competence of the committee;

Make proposals to the employer on encouraging the employees of the organization for active participation in the work to create working conditions that meet the requirements of safety and hygiene;

Promote Resolution labor disputes related to violation of the legislation on labor protection, changes in working conditions, issues of providing employees employed in harmful and (or) dangerous working conditions, compensation.

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

The number of the committee is determined depending on the number of employees in the organization, the specifics of production, the number of structural units and other features, by mutual agreement of the parties representing the interests of the employer and employees.

The nomination of representatives of the employees of the organization to the committee can be carried out on the basis of the decision of the elected body (s) of the primary (-s) trade union organization (s), if it (they) unites (-s) more than half of the employees , or at a meeting (conference) of employees of the organization; representatives of the employer - the employer.

The composition of the committee is approved by the order (instruction) of the employer.

The committee elects from among its members a chairman, deputies from each party and a secretary. The chairman of the committee, as a rule, is the employer or his responsible representative, one of the deputies is a representative of an elected trade union body and (or) another representative body authorized by employees, the secretary is an employee of the labor protection service.

The Committee carries out its activities in accordance with the regulations and work plan developed by it.

Members of the committee must undergo training in labor protection at the expense of the employer, as well as the funds of the FSS of Russia (insurer) in accordance with the procedure established by the federal executive body exercising the functions of legal regulation in the field of labor, in the direction of the employer to specialized courses not less than once every three years.

Members of the committee inform at least once a year the elected body of the primary trade union organization or the meeting (conference) of workers about the work they have done in the committee. The elected body of the primary trade union organization or the meeting (conference) of employees of the organization has the right to recall their representatives from the committee and nominate new representatives to its composition. The employer has the right, by his decision, to recall his representatives from the committee and appoint new representatives in their place.

Ensuring the activities of the committee, its members (release from the main work for the period of performance of duties, training, etc.) is established by a collective agreement, local regulatory legal act organizations.

Another commentary on Art. 218 of the Labor Code of the Russian Federation

1. Recommendations on the formation and organization of the activities of joint committees (commissions) for labor protection in organizations with more than 10 employees were approved by the Decree of the Ministry of Labor of Russia of October 12, 1994 N 64 (BMT RF. 1994. N 11). When developing local regulations on the committee (commission) on labor protection, it should be borne in mind that this body is created on a parity basis from representatives of employers, trade unions and other representatives of employees and carries out its activities in order to cooperate and regulate relations between employers and employees in the field of labor protection labor.

The committee may elect from among its members a chairman, deputies from each party and a secretary. It is not recommended to elect an employee as the chairman of the committee, who, according to official duties is responsible for the state of labor protection in the organization or is directly subordinate to the employer.

Committee members carry out their duties on voluntary, as a rule, without exemption from the main work, unless otherwise provided in the collective agreement.

2. Decree of the Ministry of Labor of Russia dated January 17, 2001 N 7 approved the Recommendations on the organization of the office of labor and the corner of labor protection (BMT RF. 2001. N 2). The office and corner of labor protection are created in order to ensure the requirements of labor protection, dissemination of legal knowledge, and preventive work to prevent industrial injuries and occupational diseases. Under the office, it is recommended to allocate a special room, which is equipped technical means, teaching aids and samples illustrated and information materials on labor protection.

ST 218 of the Labor Code of the Russian Federation.

At the initiative of the employer and (or) at the initiative of employees or their representative
body, committees (commissions) on labor protection are created. In their composition on a parity basis
includes representatives of the employer and representatives of the elected body of the primary trade union
organization or other representative body of workers. Model regulation on the committee
(commission) on labor protection is approved by the federal executive body,
performing the functions of developing state policy and regulatory
labor regulation.

The committee (commission) on labor protection organizes joint actions of the employer and
employees to ensure the requirements of labor protection, prevention of production
injuries and occupational diseases, as well as organizes inspections of the conditions and
labor protection at workplaces and informing employees about the results of these inspections,
collection of proposals for the section of the collective agreement (agreement) on labor protection.

Commentary on Art. 218 of the Labor Code of the Russian Federation

1. In accordance with the Model Regulations on the committee (commission) for labor protection, approved. Order of the Ministry of Health and social development RF dated May 29, 2006 N 413, the committee is an integral part of the system of local management of labor protection, as well as one of the forms of participation of employees in the management of the organization. Its work is based on the principles social partnership. Therefore, when developing local regulations on the committee (commission) on labor protection, it should be borne in mind that this body is created on a parity basis from representatives of employers, trade unions and other representatives of employees and carries out its activities in order to cooperate and regulate relations between employers and employees in the field of labor protection.

The committee may elect from among its members a chairman, deputies from each party and a secretary. It is not recommended to elect an employee as the chairman of the committee who, according to official duties, is responsible for the state of labor protection in the organization or is directly subordinate to the employer.

Committee members perform their duties on a voluntary basis, as a rule, without being released from their main job, unless otherwise provided for in the collective agreement.

2. Recommendations for the organization of the office of labor and the corner of labor protection are approved by the Decree of the Ministry of Labor and Social Development of the Russian Federation of January 17, 2001 N 7. The office and the corner of labor protection are created in order to disseminate legal knowledge, carry out preventive work to prevent industrial injuries and occupational diseases . It is recommended to allocate a special room for the office, which is equipped with technical equipment, teaching aids and samples, illustrated and information materials on labor protection.

At the initiative of the employer and (or) at the initiative of employees or their representative body, committees (commissions) for labor protection are created. Their composition on a parity basis includes representatives of the employer and representatives of the elected body of the primary trade union organization or other representative body of employees. The model regulation on the committee (commission) on labor protection is approved by the federal executive body responsible for the development of state policy and legal regulation in the field of labor.

Commentary on Art. 218 of the Labor Code of the Russian Federation

1. The work of committees (commissions) for labor protection is carried out in accordance with the Model Regulations on the committee (commission) for labor protection, approved by Order of the Ministry of Health and Social Development of Russia dated May 29, 2006 N 413 (Bulletin of labor and social legislation of the Russian Federation. 2006. N 6 ).

2. The committee (commission) for labor protection is an integral part of the labor protection management system of the organization, as well as one of the forms of participation of employees in the management of the organization in the field of labor protection.

3. The size of the committee (commission) for labor protection is determined depending on the number of employees in the organization, the specifics of production, the number of structural units and other features by mutual agreement of the parties representing the interests of the employer and employees.

Second commentary on Article 218 of the Labor Code

1. Article 218 of the Labor Code of the Russian Federation provides for the creation (in addition to service) at the initiative of the employer and (or) employees or their representatives of a parity body from their representatives for the purpose of cooperation in the field of labor protection - a committee or commission on labor protection of the organization. The model regulation on this committee (commission) is approved by the Ministry of Health and Social Development of the Russian Federation, and on its basis, local provisions about the committee (commission) on labor protection.

2. The committee (commission) for labor protection of the organization develops a draft of the relevant collective agreement on the section "Labor protection", monitors its implementation, organizes other joint actions of the employer and employees to ensure labor protection requirements, prevent industrial injuries and occupational diseases.

The committee (commission) also organizes an inspection of labor conditions and labor protection at workplaces and informs employees about the results of these inspections, organizes the collection of proposals for the section of the collective agreement on labor protection issues.

1. The Committee is an integral part of the organization's labor protection management system, as well as one of the forms of participation of employees in the organization's management in the field of labor protection. Its work is based on the principles of social partnership.

A committee is created at the initiative of the employer and (or) at the initiative of employees or their representative body on a parity basis (each party has one vote, regardless of the total number of representatives of the party) from representatives of the employer, trade unions or other representative body authorized by employees.

The composition of the committee is approved by the order (instruction) of the employer.

The regulation on the committee of the organization is approved by the order (instruction) of the employer, taking into account the opinion of the elected trade union body and (or) another representative body authorized by the employees of the organization.

2. The main tasks, functions and rights of the committee are defined by the Standard Regulations on the committee (commission) for labor protection, approved. Order of the Ministry of Health and Social Development of Russia of May 29, 2006 N 413 (Bulletin of labor and social legislation of the Russian Federation. 2006. N 6).

3. The main functions of the Committee are:

consideration of proposals of the employer, employees, trade unions and (or) other representative bodies authorized by employees to develop recommendations aimed at improving the conditions and labor protection of employees;
assisting the employer in organizing training for employees on labor protection, safe methods and techniques for performing work, as well as testing knowledge of labor protection requirements and conducting timely and high-quality briefing of employees on labor protection;
participation in conducting surveys of the state of conditions and labor protection in the organization, reviewing their results and developing recommendations for the employer to eliminate the identified violations;
informing the employees of the organization about the measures taken to improve working conditions and labor protection, prevent industrial injuries, occupational diseases;
bringing to the attention of employees of the organization the results of attestation of workplaces in terms of working conditions and certification of work on labor protection;
informing the employees of the organization about the current standards for the provision of washing and disinfecting agents, certified special clothing, special footwear and other personal protective equipment, the correctness of their use, organization of storage, washing, cleaning, repair, disinfection and disinfection;
assistance in organizing pre-employment and periodic medical examinations and compliance with medical recommendations during employment;
assistance in the timely provision of employees of the organization employed in work with harmful or dangerous working conditions, milk, other equivalent food products and therapeutic and preventive nutrition;
participation in the consideration of issues of financing measures for labor protection in the organization, compulsory social insurance against industrial accidents and occupational diseases, as well as monitoring the expenditure of funds of the organization and the Social Insurance Fund of the Russian Federation (insurer) directed to preventive measures to reduce industrial injuries and occupational diseases;
assistance to the employer in the introduction into production of more advanced technologies, new equipment, automation and mechanization of production processes in order to create safe working conditions, eliminate heavy physical work;
preparation and submission to the employer of proposals for improving work on labor protection and maintaining the health of workers, creating a system of moral and material incentives for employees who comply with labor protection requirements and ensure the preservation and improvement of health;
consideration of draft local regulatory legal acts on labor protection and preparation of proposals on them to the employer, trade union elected body and (or) other representative body authorized by employees.

4. For the implementation of the assigned functions, the committee is granted the following rights:

receive information from the employer about the state of working conditions at the workplace, industrial injuries and occupational diseases, the presence of hazardous and harmful production factors and measures to protect against them, the existing risk of damage to health;
hear reports from the employer (his representatives), heads of structural divisions and other employees of the organization at the meetings of the committee on their fulfillment of their obligations to ensure safe conditions and labor protection at the workplace and to comply with the guarantees of the rights of employees to labor protection;
to hear at meetings of the committee of managers and other employees of the organization who committed violations of labor protection requirements that entailed serious consequences, and make proposals to the employer on holding them accountable in accordance with the legislation of the Russian Federation;
participate in the preparation of proposals for the section of the collective agreement (labor safety agreement) on issues within the competence of the committee;
make proposals to the employer on encouraging employees of the organization for active participation in the work to create working conditions that meet the requirements of safety and hygiene;
facilitate the resolution of labor disputes related to violation of labor protection legislation, changes in working conditions, issues of providing compensation to employees employed in harmful and (or) dangerous working conditions.

5. Members of the committee must undergo training in labor protection at the expense of the employer, as well as the funds of the Social Insurance Fund of the Russian Federation (insurer) in accordance with the procedure established by the federal executive body that performs the functions of legal regulation in the field of labor, in the direction of the employer for specialized courses at least once every 3 years.

6. Members of the committee at least once a year inform the elected body of the primary trade union organization or the meeting (conference) of workers about the work they have done in the committee. The elected body of the primary trade union organization or the meeting (conference) of employees of the organization has the right to recall their representatives from the committee and nominate new representatives to its composition. The employer has the right, by his decision, to recall his representatives from the Committee and appoint new representatives in their place.

7. Ensuring the activities of the committee, its members (release from the main work for the period of performance of duties, training, etc.) is established by a collective agreement, a local regulatory legal act of the organization.