On the approval of the regulation on the legal labor inspection of the trade union. Public control over labor protection Technical labor inspector of the trade union
Appendix
to the decision of the Central Committee of the Trade Union
POSITION
on technical labor inspection
All-Russian Trade Union of Workers public institutions and public services of the Russian Federation
I. General provisions
1.1. The Technical Labor Inspectorate of the All-Russian Trade Union of Workers of State Institutions and Public Services of the Russian Federation (hereinafter referred to as the Technical Labor Inspectorate of the Trade Union) is authorized body A trade union created to exercise trade union control over compliance by employers and their representatives with labor protection legislation, compulsory social insurance against industrial accidents and occupational diseases, compliance with the terms of collective agreements, agreements in organizations in which members of the All-Russian Trade Union work and (or) study employees of state institutions and public services of the Russian Federation (hereinafter - members of the Trade Union).
1.2. The Technical Labor Inspectorate of the Trade Union in its activities is guided by the Constitution Russian Federation, the Labor Code of the Russian Federation, the Federal Law "On Trade Unions, Their Rights and Guarantees of Activity", other federal laws and regulatory legal acts of the Russian Federation on labor protection, as well as the Charter of the All-Russian Trade Union of Workers of State Institutions and Public Services of the Russian Federation (hereinafter referred to as the Charter of the Trade Union) and operates on the basis of these Regulations.
The main principles of the action of the technical labor inspection of the Trade Union are legality, objectivity and independence in their assessments of the state of conditions, labor protection while ensuring the protection of the rights of members of the Trade Union to labor protection.
1.3. The Technical Labor Inspectorate of the Trade Union exercises public control over the observance by the employer of labor protection legislation in close contact with freelance technical labor inspectors of the Trade Union, authorized (trusted) persons for labor protection of trade union committees.
1.4. The technical labor inspectorate of the Trade Union interacts with federal executive and legislative bodies, judicial and law enforcement agencies, territorial bodies federal services and agencies, local governments, as well as with employers (associations of employers).
II. Tasks of the Technical Labor Inspectorate of the Trade Union
2. The main tasks of the technical labor inspection of the Trade Union are:
2.1. Protection of the rights of trade union members to healthy and safe working conditions, preservation of life and health.
2.2. Implementation of trade union control over the employer in compliance with labor laws and other regulatory legal acts containing state requirements for labor protection.
2.3. Upholding rights and social guarantees on healthy and safe working conditions, preservation of life and health of members of the Trade Union in the development of draft federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulations of local governments, as well as in the development and adoption of collective agreements and agreements, other local regulations.
2.4. Preparation of appeals to state authorities and local governments with proposals to eliminate shortcomings on the part of employers, their representatives, other officials who have violated the norms of labor protection legislation.
2.5. Providing trade union members with information and methodological assistance on the implementation and protection of their rights to labor protection.
III. The main powers of the technical labor inspectorate of the Trade Union
3.1. Technical (chief technical) labor inspectors of the Trade Union have the following powers:
3.1.1. ensure the protection of the rights of members of the Trade Union and trade union organizations from illegal actions (inaction) of employers, their representatives and other officials that violate the rights and interests of members of the Trade Union;
3.1.2. exercise trade union control over compliance by employers and their representatives with the rules and norms of labor protection, labor legislation and other regulatory legal acts containing labor protection norms and safety requirements, legislation on trade unions, their compliance with the terms of collective agreements and agreements in organizations in which members work trade union;
3.1.3. take part in the development and formation of federal, regional and sectoral programs on labor protection, special measures for social protection workers injured at work;
3.1.4. interact with the prosecutor's office, other bodies of state supervision and control during joint inspections, as well as other issues within the framework of relevant agreements;
3.1.5. take part in the work of commissions for the investigation of accidents at work, analyze the circumstances and causes of accidents at work, the completeness and timeliness of investigations of accidents, take measures to eliminate violations of the procedure and terms of investigation, restore violated labor and social rights of members of the Trade Union;
3.1.6. inform the relevant state authorities and local self-government about the facts of violation of labor protection legislation, mandatory social insurance from accidents at work and occupational diseases;
3.1.7. analyze the activities and summarize the experience of the primary organizations of the Trade Union, freelance technical labor inspectors of the Trade Union and trade union committees authorized for labor protection in organizing and monitoring the state of labor protection in institutions (organizations), preventing accidents at work, as well as occupational diseases;
3.1.8. submit proposals for consideration by the relevant elected trade union body on issues of compliance with the norms of labor protection legislation, compulsory social insurance against industrial accidents and occupational diseases, maintaining the health of workers, improving the system of trade union control;
3.1.9. to investigate, with the participation of the trade union activists and representatives of the employer, cases of refusal of workers to perform work when a threat to their life and health arises;
3.1.10. control compliance by employers and their representatives with the implementation of sanitary norms and rules, compliance of working conditions with labor protection requirements, provision of workers with overalls, special footwear and other personal protective equipment (PPE);
3.1.11. develop recommendations, teaching aids, advise on the application of legislation on labor protection, compulsory social insurance against industrial accidents and occupational diseases;
3.1.12. organize and participate in training and advanced training of trade union activists, including through accredited organizations, on labor protection issues;
3.1.13. participate in the dissemination of knowledge on labor protection and compliance with labor protection legislation, compulsory social insurance against industrial accidents and occupational diseases, the procedure for investigating and recording industrial accidents;
3.1.14. provide methodological and practical assistance to the heads of trade union organizations, authorized trade union committees for labor protection, freelance technical labor inspectors of the Trade Union, representatives of the Trade Union in joint committees (commissions) on labor protection, in conducting surveys of institutions (organizations) on issues of conditions and labor protection, developing measures to the section of the collective agreement and the agreement on labor protection;
3.1.15. consider applications, complaints and other appeals of members of the Trade Union and trade union organizations on labor protection issues, take the necessary measures to eliminate violations of the rules and norms of labor protection.
3.2. The technical (chief technical) labor inspector of the Trade Union, on the basis of surveys, inspections and other materials in the work to protect the rights of members of the Trade Union for labor protection, draws up a Report on the work of the regional (interregional) organization of the Trade Union for labor protection for reporting period in the form of 19-TI and an explanatory note to it, which, by February 15, following the reporting year, sends it to the apparatus of the Central Committee of the Trade Union.
IV. Rights and obligations of technical (chief technical) labor inspectors of the Trade Union
Rights
4.1. To freely visit (upon presentation of a certificate of the established form) any employers (organizations, regardless of their organizational and legal forms and forms of ownership, as well as employers - individuals), who employ members of the Trade Union to exercise public control over compliance by employers with labor protection legislation.
4.2. Participate in the investigation of accidents at work and occupational diseases.
4.3. Receive information from managers, officials and specialists of enterprises about the state of conditions, labor protection, as well as about all accidents at work.
4.4. Request from employers (their representatives) and receive from them documents, explanations, information necessary to perform control functions.
4.5. Participate as independent experts in the work of commissions for testing and acceptance into operation of means of production and Vehicle.
4.6. Participate in the development of draft regulatory legalacts on labor protection, as well as coordinate them in the prescribed manner.
4.7. Interact with funds mass media to notify members of the Trade Union, workers about the work of the technical labor inspectorate of the Trade Union for the protection of the rights to labor protection, aimed at increasing the motivation of trade union membership.
4.8. Participate in meetings, seminars on labor protection, including within the framework of international cooperation.
Responsibilities
4.9. When exercising trade union control over compliance with labor protection legislation, observe the legislation of the Russian Federation, the rights and legitimate interests of employers and their representatives.
4.10. Conscientiously exercise their powers, promote the protection of social, labor and other civil rights and professional interests of members of the Trade Union, trade union organizations, to be objective, to strengthen the authority of the Trade Union.
4.11. Consider confidential the source of any complaint against the actions of the employer (his representative), if the verification is carried out in connection with his appeal and the applicant objects to the communication to the employer (his representative) of the data on the source of the complaint.
4.12. Keep a record of his activities and report to the organization of the Trade Union in which he is hired;
4.13. To formalize the results of their activities and the activities of the interregional (regional) organization of the Trade Union for labor protection in writing in the form of the following documents filled in according to the established forms:
19-TI - Report on the work of the interregional (regional) organization of the Trade Union for labor protection (Appendix 1).
To the report on the work of the regional (interregional) organization of the Trade Union for labor protection in without fail an explanatory note is attached;
1-TI - submission on the elimination of identified violations of labor protection legislation (Appendix 2);
2-TI - the requirement to bring to justice officials guilty of violating labor protection legislation (Appendix 3);
3-TI - the requirement to suspend work in cases of a threat to the life and health of workers (Appendix 4).
4.14. To assist members of the Trade Union in drawing up statements of claim to the judicial authorities to protect the rights and interests of healthy and safe working conditions, in the investigation of accidents at work and occupational diseases, to represent their interests in the courts.
4.15. When exercising public control over compliance with labor protection legislation in institutions (organizations), carry and present to the employer (his representative) a certificate of the technical (chief technical) labor inspector of the Trade Union.
4.16. Technical (chief technical) labor inspector of the Trade Union, guilty of violating labor legislation and other regulatory legal acts containing norms labor law, is liable in the cases and in the manner established by the legislation of the Russian Federation, these Regulations.
V. Formation and organizational support of the activity of the technical labor inspection of the Trade Union
5.1. The general management of the activities of the technical labor inspection of the Trade Union is carried out by the Central Committee of the Trade Union, the current management is carried out by the Chairman of the Trade Union within the limits of his powers.
5.2. Management of the activities of the technical labor inspectorate of the Trade Union, operating in the territory of the subject of the Russian Federation, is carried out by the relevant elected bodies of the regional (interregional) organization of the Trade Union.
5.3. The technical labor inspectorate of the Trade Union consists of the technical labor inspectorate of the Trade Union, headed by the chief technical labor inspector of the Trade Union, the head of the labor protection and health department of the apparatus of the Trade Union and the technical labor inspectorates of the Trade Union of the relevant elected governing bodies of the regional (interregional) organizations of the Trade Union.
5.4. Technical (chief technical) labor inspectors of the Trade Union are staff members apparatuses of the organizations of the Trade Union.
5.5. Technical (chief technical) inspector labor organization The trade union is directly subordinate to the chairman of the organization of the Trade Union, implements the decisions made by the bodies of the Trade Union, the bodies of the organization of the Trade Union and the chief technical labor inspector of the Trade Union within its competence.
5.6. A person with a higher technical education is appointed to the position of chief technical labor inspector of the Trade Union.
5.7. The chief technical (technical) labor inspector of the Trade Union performs the following functions:
Direct organizational and methodological management of the activities of the technical labor inspectorate of the Trade Union, informing about its activities;
Coordinating the work of technical labor inspectors of the Trade Union, assisting in the fulfillment of the tasks assigned to them;
Submit proposals on the organization of audits of compliance with labor legislation, including joint audits with government bodies control (supervision), to take measures to eliminate the identified violations of the rights of members of the Trade Union, trade union organizations;
Implementation of control over the compliance with the current legislation of the decisions adopted by the technical labor inspectors of the Trade Union;
Organization and participation in inspections carried out at the proposals of the governing bodies of the Trade Union in terms of control over the activities of regional (interregional), territorial organizations of the Trade Union for labor protection;
Submission to the Central Committee of the Trade Union, as well as to the FNPR of annual information on the activities of the technical labor inspectorate of the Trade Union and making proposals for improving its activities;
Preparation of proposals for conducting at least once every 3 years training organized in accordance with the work plan of the Central Committee of the Trade Union;
Study and analysis of statistical data of regional (interregional) organizations of the Trade Union in various areas of labor protection;
Generalization of the practice of work of technical labor inspectors of the Trade Union on the implementation of trade union control over compliance with labor protection legislation;
Development of work plans for the technical labor inspectorate, taking into account the proposals of the Permanent Commission of the Central Committee of the Trade Union on labor protection.
5.8 The technical (chief technical) labor inspector of the Trade Union is appointed and dismissed by the chairman of the regional (interregional) organization of the Trade Union. The Chief Technical Labor Inspector of the Trade Union is appointed and dismissed by the Chairman of the Trade Union.
5.9. The chairman of the regional (interregional) organization of the Trade Union must, within a week, notify the Central Committee of the Trade Union and the chief technical labor inspector of the Trade Union of the appointment and dismissal of technical (chief technical) labor inspectors of the Trade Union.
5.10. The Central Committee of the Trade Union, inter-regional (regional) organizations of the Trade Union independently determine the staffing of technical labor inspectors of the Trade Union.
5.11. Complaints against the decisions taken by the technical (chief technical) labor inspectors of the Trade Union are considered by the relevant elected individual and (or) collegiate executive body organizations of the Trade Union, and, if necessary, by a higher elected collegial executive body of the organization of the Trade Union in the manner established in the organization of the Trade Union.
5.12. Disagreements on decisions made by the chief technical labor inspector of the Trade Union are considered by the Chairman of the Trade Union.
Appendix No. 1 to the Regulation
Form 1-TI
Technical Labor Inspectorate
(Moscow, 119119, Leninsky prospect, 42, tel.: 938-81-64; 938-79-77)
Submission No. ____ dated ___________ 200_
on the elimination of revealed violations of the norms of legislation on labor protection, the environment and
compulsory social insurance
industrial accidents and occupational diseases
To whom ______
Full Name
Copy: Chairman trade union committee organizations
______________________________________________________________
Full Name
In accordance with Article 20 of the Federal Law "On Trade Unions, Their Rights and Guarantees of Activity", Article 370 Labor Code Russian Federation, Article 68 of the Federal Law "On Environmental Protection", Article 26 of the Federal Law "On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases" I SUGGEST FIXING THE FOLLOWING:
I ask you to inform the technical (chief technical) labor inspector of the Trade Union about the results of consideration of the Submission and the measures taken by _____________200_. Technical (chief technical) inspector labor of the Trade Union on __________________________ _______________ republic, region, region, city signature ______________________________________________________________________________
surname, name, patronymic, office phone Submission received by _________________________________________________________ surname, name, patronymic, position ___________________ _____________________
signature date, time
Appendix No. 2 to the Regulation
on the Technical Labor Inspectorate of the Trade Union
Form 2-TI
Technical Labor Inspectorate
All-Russian Trade Union of Workers of State Institutions
and public services of the Russian Federation
(Moscow, 119119, Leninsky prospect, 42, tel.: 938-81-64; 938-79-77)
Requirement No. ___ dated ____________ 200_.
on the prosecution of persons guilty of violating the norms
legislation on labor protection, the environment and mandatory
social insurance against industrial accidents
and occupational diseases
To whom_________________________________________________________ ______________________________________________________________
position, surname, name, patronymic of the head of the state supervision and control body
Surname, name, patronymic of the head of the organization
In accordance with Article 20 of the Federal Law "On Trade Unions, Their Rights and Guarantees of Activities", Article 370 of the Labor Code of the Russian Federation, Article 68 of the Federal Law of the Russian Federation "On Environmental Protection", Article 26 of the Federal Law "On Compulsory Social Insurance against Accidents" accidents at work and occupational diseases I am requesting to be recruited by ________________________________________________________________________________
(disciplinary, administrative, criminal)
Responsibility
(position, full name of the person (persons) who committed the violation)
behind_____________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________
labour, environment and industrial accident insurance
and occupational diseases)
O decision I ask you to inform the technical (chief technical) labor inspector by ______________________________
(day month Year)
Addendum: Submission dated "__"______20___ №________ Technical (Chief Technical) Labor Inspector _____________________________________________
Signature
________________________________________________________________________________________
Full Name
Appendix No. 3 to the Regulation
on the Technical Labor Inspectorate of the Trade Union
Form 3-TI
Technical Labor Inspectorate
All-Russian Trade Union of Workers of State Institutions
and public services of the Russian Federation
(Moscow, 119119, Leninsky prospect, 42, tel.: 938-81-64; 938-79-77)
REQUIREMENT No. _____ dated ________________ 200__
on the suspension of work in cases of direct threat to the life and health of workers
To whom____________________________________________________________________________
Full Name
_____________________________________________________________ _____________________________________________________________
position, company name
Copy: Chairman of the trade union committee organizations _________________________________________________________
Full Name
In accordance with Article 20 of the Federal Law "On trade unions, their rights and guarantees of activity", Article 370 of the Labor Code of the Russian Federation. I want to suspend ________________________________________________________________________________
(Name of works, production equipment, machines,
____________________________________________________________________________________________________
machinery or production sites, workplaces, etc.)
_____________________________________________________________________________________________________
(statement of violations of regulatory requirements for labor protection,
______________________________________________________________________________________________________
creating a direct threat to the life and health of workers,
_______________________________________________________________________________________________________
________________________________________________________________________________________________________
on labor protection)
Technical (chief technical) labor inspector for _____________________ ____________ ___________________ signature surname, acting The requirement was received by "___" _______ 200__. at "___" hours, "___" minutes ______________________________________________________________ signature surname, name, patronymic
Position
JOB DESCRIPTION
TO THE TECHNICAL LABOR INSPECTOR
TO THE TECHNICAL LABOR INSPECTOR
I. GENERAL PROVISIONS
1.1. The technical labor inspector belongs to the category of specialists, is hired and dismissed from work by order of the head of the organization on the proposal of _______________________________________________.
methodological materials relating to relevant issues;
the charter of the organization;
Labor regulations;
Orders and orders of the head of the organization (direct supervisor);
1.4. The technical labor inspector must know:
Organization of work on labor protection;
Safety regulations when performing construction and installation, repair and construction, excavation, loading and unloading, warehouse work, when working with chemical, radioactive substances;
Best practices in labor protection;
Methods and forms of propaganda and information on labor protection;
Fundamentals of economics, organization of labor production and management;
Fundamentals of labor legislation.
1.5. During the absence of the technical labor inspector, his duties are performed in accordance with the established procedure by the appointed deputy, who is fully responsible for the proper performance of the duties assigned to him.
II. FUNCTIONS
The following functions are assigned to the technical labor inspector:
2.1. Implementation of public control over compliance with labor legislation in the organization.
2.2. Implementation of public control over the timely briefing and training of employees.
2.3. Implementation of public control over compliance with the Regulations on the investigation and registration of accidents at work and occupational diseases, timely payment of compensation for harm caused to the life and health of an employee associated with the execution of job duties.
2.4. Consideration of applications and appeals of trade union members on labor protection issues.
2.5. Assistance to primary trade union organizations and public labor protection inspectors.
2.6. Informing trade union members, employers and individual entrepreneurs about the results of inspections.
III. JOB DUTIES
To perform the functions assigned to him, the technical labor inspector is obliged:
3.1. To carry out public control over the observance by the employer, the owner or the management body authorized by him of labor legislation in organizations where a primary trade union organization has been established in the prescribed manner, and individual entrepreneurs who employ trade union members.
3.2. Take measures to prevent violations of labor legislation, identify violations and take measures to eliminate them, analyze and summarize information about violations, provide practical assistance to public labor protection inspectors in the implementation of their tasks.
3.3. Carry out in organizations and individual entrepreneurs regular inspections of compliance with labor legislation, rules and instructions on labor protection, the technical condition of buildings and structures, production equipment, machines and mechanisms, the state of working conditions and the environment, monitor the implementation of measures to improve working conditions and labor protection provided for by collective agreements, agreements.
3.4. To carry out public control over the timely payment of compensation for harm caused to the life and health of an employee related to the performance of his labor duties, to exercise control over the timely provision of workers with the necessary overalls, footwear and other personal protective equipment, to ensure appropriate care for them (repair, laundry, dry cleaning, dedusting, etc.), providing soap, washing and neutralizing agents.
3.5. To carry out public control over the timely briefing and training of workers in safe working methods, the condition of sanitary facilities, the organization of the drinking regime, compliance with the law at work with harmful and (or) dangerous working conditions, the provision of compensation for working conditions, the timely and high-quality certification of workers places.
3.6. Participate in a special investigation of accidents at work and occupational diseases, in the preparation of conclusions on actual employment under the conditions provided for in the Lists of industries, jobs, professions, positions and indicators that give the right to a pension for work with special working conditions.
3.7. To carry out public control over compliance with the Regulations on the investigation and registration of accidents at work and occupational diseases, analyze the conditions and causes of industrial injuries, demand that the necessary measures be taken to prevent it.
3.8. Consider applications and appeals of trade union members on labor protection issues, interact with state supervision and control over compliance with labor laws.
3.9. Provide assistance to primary trade union organizations and public labor protection inspectors in exercising public control over compliance with labor legislation.
3.10. Inform trade union members, employers and individual entrepreneurs about the results of inspections, investigations into accidents at work, occupational diseases and other work done.
The technical labor inspector has the right:
4.1. Get acquainted with the draft decisions of the organization's management regarding its activities.
4.2. Submit proposals for improvement of the work related to the responsibilities provided for in this instruction for consideration by the management.
4.3. Receive from leaders structural divisions, specialists information and documents necessary to fulfill their official duties.
4.4. Engage specialists from all structural divisions of the organization to solve the duties assigned to him (if this is provided for by the regulations on structural divisions, if not, with the permission of the head of the organization).
4.5. Require the management of the organization to assist in the performance of their duties and rights.
V. RELATIONSHIPS (LINKS BY POSITION)
5.1. The technical labor inspector reports
5.2. The technical labor inspector interacts on issues within his competence with employees of the following structural divisions of the organization:
gets:
is:
gets:
is:
VI. WORK EVALUATION AND RESPONSIBILITY
6.1. The work of a technical labor inspector is assessed by the immediate supervisor (another official).
6.2. The technical labor inspector is responsible for:
6.2.1. For failure ( improper performance) their official duties under this job description, within the limits determined by the current labor legislation of the Republic of Belarus.
6.2.2. For offenses committed in the course of carrying out their activities - within the limits determined by the current administrative, criminal and civil legislation of the Republic of Belarus.
6.2.3. For causing material damage - within the limits determined by the current labor, criminal and civil legislation of the Republic of Belarus.
Job title
head of the structural
divisions
Signature decoding signature
Familiar with instructions
Signature decoding signature
_______________________
On the 100th anniversary of the establishment of labor inspections of the trade union
2018 marks the 100th anniversary of the establishment of labor inspections of trade unions in Russia. The history of labor inspections dates back to the nineteenth century, until 1917 there was a factory inspection, and on May 18, 1918, a decree was adopted establishing a labor inspection under the jurisdiction of the People's Commissariat of Labor, Inspectors and Inspectors, which are elected by the Councils of Trade Unions. The main task of the inspection was the protection of labor and health of workers and control over working conditions in the workplace.
Later, this decree became the basis for the first Labor Code of the RSFSR. In 1933, the state completely transferred the functions of control and supervision in the sphere of labor to the trade unions.
The number of powers of trade union inspectors was constantly increasing. In August 1966, the All-Union Central Council of Trade Unions approved the Regulations on the Technical Labor Inspector, which gives inspectors the right to suspend work in the event of a violation of labor protection, which may result in harm to the health of workers.
Since 1976, the ranks of trade union inspectors have been replenished and changed their structure. Public labor inspectors have been renamed and subdivided into freelance technical and freelance legal inspectors who exercise public control over compliance with labor legislation and labor protection rules.
ROSPROFZHEL not only retained full-time technical and legal labor inspectors, but also formed two structured systems of control bodies at the level of the Trade Union - the Legal Labor Inspectorate and the Technical Labor Inspectorate, clearly regulated their activities with intra-union documents, staffed them with experienced and knowledgeable professionals, consolidated the role of public control by including labor protection commissioners, public traffic safety inspectors, freelance legal and technical labor inspectors.
In the 21st century, trade union labor inspectorates have new forms of work. On the website of DORPROFZHEL on the Moscow railway. there is a section "Questions and Answers", information about the work of technical and legal labor inspectors is posted. When, in connection with the economic crisis of 2009-2010, the number of violations committed by employers increased sharply, the Plenum of the Central Committee of the Trade Union decided on the need for a system of measures that would activate the activities of all trade union structures in certain thematic areas. The first in 2012 was declared the "Year of legal literacy of members of the Trade Union", in 2013 purposeful work was carried out under the motto: "2013 - the Year of healthy and safe work." 2018 is declared in ROSPROFZHEL: "The Year of Improvement of Labor and Production Life".
Today, in the structure of DORPROFZHEL on the Moscow railway. There are 16 full-time technical and legal labor inspectors of the Trade Union. They annually conduct more than 1,400 inspections, reveal more than 3,000 violations of the law and make about 600 proposals for their elimination. Every year, technical labor inspectors issue more than 60 requests for the suspension of work in cases of an immediate threat to the life and health of workers, legal inspectors annually issue more than 1200 legal advice in various areas of law.
Labor inspectors of the Trade Union supervise issues of public control over compliance with the law, which is carried out by 1989 - commissioners for labor protection, 546 - public inspectors for traffic safety, as well as 78 freelance legal labor inspectors.
Analysis of the results of the work of labor inspections of the Trade Union in the area of responsibility of DORPROFZHEL on the Moscow Railway. allows us to conclude that they are coping with the tasks assigned to them by the Charter of ROSPROFZHEL, the Main Directions of the Trade Union's activities approved by the 32nd Congress of ROSPROFZHEL, as well as its resolutions "Ensuring safe working conditions and the environment is a guarantee of the life and health of workers", "The trade union is for train traffic safety”, “Employees' rights are under the protection of ROSPROFZHEL”.
In connection with the 100th anniversary of the establishment of labor inspections of trade unions in Russia DORPROFZHEL on the Moscow railway. decided to reward with a cash bonus all inspectors of the trade union who went on a well-deserved rest, as well as to award the current labor inspectors and representatives of the employer who effectively interact with the inspection.
At the meeting of the Presidium, Nikolay Sinitsyn, Chairman of Dorprofzhel, presented the veterans with the Signs “100th Anniversary of the Labor Inspectorate of Russia” and cash prizes. Among the awardees were honored veterans of the road organization Sementsova Lidia Ivanovna - chief legal labor inspector Dorprofzhel, Lyulyaev Vladimir Mikhailovich - chief technical labor inspector Dorprofzhel, Naumova Svetlana Arkadievna - legal labor inspector of the Moscow-Smolensk region, Kurchaev Oleg Alexandrovich - technical labor inspector of the Moscow-Kursk region region, Kuzan Vasily Lukich - legal inspector of the Bryansk region, Efimov Vasily Ivanovich - legal labor inspector of the Moscow-Kursk region, etc. Each of them is a personal labor history connected with the history of the region and hundreds of trade union members, whose interests he defended.
Natalia Agapova -
chief legal labor inspector
Dorprofzhel on Moskovskaya road
The Technical Labor Inspectorate of the trade union celebrates its 100th anniversary in 2018.
A bit of history
On July 10, 1918, the People's Commissariat of Labor of the RSFSR approved the "Mandate of the Labor Inspectorate", which regulates the activities of the inspection, whose functions were soon transferred to the trade unions. In the same year, a safety oversight body was established. This supervision at the enterprises was assigned to individuals, who soon became known as technical inspectors.
By a resolution of the All-Union Central Council of Trade Unions (All-Union Central Council of Trade Unions) on August 26, 1966, the Regulations on the technical labor inspector were approved. This document for the first time gave technical inspectors the right to prohibit work at certain production sites, machines and machines, if shortcomings were found, due to which damage to the health of workers could be caused. Based on the presentation of the technical labor inspector, not only large divisions of the enterprise, for example, an entire workshop, could be closed, but the work of the entire enterprise could also be stopped.
Since 1976, technical labor inspectors have acquired the right to independently apply administrative measures (penalties) to officials. Since 1992, the trade unions, represented by the technical labor inspectorate, have been assigned the right to supervise and control compliance with labor protection legislation.
Only in 1994, the State Labor Inspectorate was separated from the trade unions, to which the state part of the powers in the field of labor protection was transferred. The trade unions continued to operate their own system of labor protection control.
The system of labor protection of trade unions in modern conditions
Safe work is one of the main components of decent work, the achievement of which is recognized as a strategic task for Russian trade unions.
The system of trade union bodies exercising the rights of trade unions in the field of labor protection is multi-stage. On the federal level a technical labor inspectorate of the FNPR has been established, which operates on the basis of the relevant regulation, approved by the Resolution of the Executive Committee of the General Council of the FNPR of October 13, 2014 No. 5-17
According to this Regulation, the main activities of the inspection in the field of labor protection are:
- development of proposals for inclusion in the relevant sections of the General Agreement and control over its implementation;
- making proposals to the FNPR General Council on improving the current legislation;
- participation, together with industry trade unions and territorial trade union associations, in the development and approval of regulations adopted at the federal level;
- participation in the development of the main principles and directions public policy and determination of measures for their implementation;
- submission to the Executive Committee of the FNPR General Council of proposals for improving the system of management, supervision and control;
- implementation of methodological guidance on the activities of technical labor inspectorates of sectoral trade unions and territorial trade union associations;
- organization of training and advanced training of chief technical labor inspectors of trade unions;
- organization of random examinations of various technical projects, as well as means of collective and individual protection against the effects of harmful environmental factors;
- informing trade union bodies about changes in legislation in this area;
- promotion of excellence.
One of the main principles of building the FNPR's technical labor inspectorate is the independence and autonomy of its actions within the framework of labor legislation.
The technical labor inspectorate of trade unions is formed according to the sectoral and territorial principle and consists of the chief technical labor inspectors of sectoral trade unions, territorial associations and the FNPR. Technical labor inspectors may be persons, as a rule, with higher education who have at least three years of experience in the industry. The management of the technical labor inspectorate of the central committees of trade unions is carried out by the corresponding Central Committee of the trade union. By his decision, the operational management of technical labor inspectors working at the republican, regional, regional, road, basin and other trade union committees equivalent to them is carried out by the presidiums of these committees. Technical labor inspectors of trade union councils are approved (dismissed) by the presidium (secretariat) of the trade union council.
The work carried out by Russian trade unions in the field of labor protection significantly contributes to the reduction of industrial injuries and occupational diseases. This is the improvement of working conditions in the workplace through collective agreements and agreements that are concluded by the employer at the initiative of the trade union; these are own and joint with the prosecutor's office, the State Labor Inspectorate inspections of compliance with labor protection legislation; it is defending the interests of employees in courts; these are scientific and practical conferences, sociological surveys, work in the field of rule-making and much more.
Trade unions actively monitor the implementation of special evaluation working conditions in the workplace, and have repeatedly challenged the results of the SOUT in the courts. Trade unions continue to seek amendments to the federal law on special assessment, based on practical experience and helping to maintain benefits for workers working in hazardous and hazardous conditions labor.
In particular, for example, in 2015, the Federation of Trade Unions of the Sverdlovsk Region sent reasonable proposals to change the procedure for a special assessment of drivers of urban electric transport, which were supported by the Ministry of Labor of the Russian Federation: the changes were legalized. A number of court decisions in cases where the interests of workers were represented by trade union lawyers, for example, in Metro Cash & Carry, are precedent for Russia, these decisions subsequently affected the position of the Supreme Court of the Russian Federation in favor of providing guarantees and compensations to “wreckers”. And today the Federation of Independent Trade Unions of Russia continues its comprehensive work on labor protection.”
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Trade unions and other representative bodies authorized by employees represented by legal and technical labor inspectorates, authorized (trusted) persons for labor protection have the right to exercise control over compliance by employers with labor legislation, including labor protection legislation.
Trade union representative (trustee) may be a trade union organizer, trade union group organizer, head of a trade union, union (association) of trade unions, trade union body, or another person authorized to represent by the charter of the trade union, union (association) of trade unions, the regulation on the primary trade union organization or the decision of the trade union body. This definition is enshrined in Art. 3 of the Federal Law of January 12, 1996 No. 10-FZ "On trade unions, their rights and guarantees of activity."
Control over labor protection by authorized persons is carried out continuously. This quality distinguishes this type of control from all its other forms. The more workers will be involved in public control, the higher will be its effectiveness.
Authorized persons for labor protection act on the basis of the Recommendations on the organization of work of an authorized (trusted) person for labor protection of a trade union or labor collective, approved by the Decree of the Ministry of Labor of Russia dated April 8, 1994 No. 30, as well as on the basis of model provision on the authorized trade union body for labor protection, approved by the relevant resolution of the governing elected body of the relevant all-Russian trade union association, or a similar document.
Trade unions provide election of commissioners within the organization and its departments. Commissioners are elected by open or secret ballot at a meeting (conference) of a primary trade union organization or at general meeting employees of the organization and structural unit for the term of office of the elected trade union body. From the total number of authorized persons may be elected senior commissioner for labor protection of the organization, who may be a member of the trade union committee. The senior authorized person and other authorized persons (from structural subdivisions) may be elected to the composition of the joint committee (commission) on labor protection of the organization. If there are several trade unions in the organization, each of them is given the right to nominate candidates for the selection of their representatives. The senior labor protection commissioner of the trade union coordinates the work of all labor protection commissioners of the organization.
In accordance with Art. 25–27 of the Federal Law "On Trade Unions, Their Rights and Guarantees of Activity" guarantees apply to the authorized person as an employee who is a member of a trade union body and is not released from his main job or elected (delegated) to trade union bodies.
Technical labor inspectorate of the trade union, its rights
In accordance with Art. 370 of the Labor Code of the Russian Federation to exercise control over compliance with labor legislation and other regulatory legal acts containing labor law norms, the implementation of collective agreements, agreements, all-Russian trade unions and their associations can create legal and technical labor inspectorates of trade unions who are vested with the powers provided for by the provisions approved by the all-Russian trade unions and their
associations. Interregional as well as territorial associations (associations) of organizations of trade unions operating on the territory of a constituent entity of the Russian Federation may create legal and technical labor inspectorates of trade unions, which act on the basis of the regulations adopted in accordance with the model regulation of the corresponding all-Russian association of trade unions.
Decree of the Executive Committee of the General Council of the Federation of Independent Trade Unions of Russia (FNPR) dated December 19, 2005 No. 7–6 approved new edition Regulations on the technical labor inspectorate, which sets out the main tasks of the technical inspectorate, as well as its powers.
In accordance with the aforementioned Regulations, the technical labor inspectorate is an authorized representative body of trade unions, is independent and independent in its activities and is guided by the norms of the Constitution of the Russian Federation, laws and other regulatory legal acts of the Russian Federation on labor, labor protection and the environment, social insurance against accidents at work. production and occupational diseases, the charters of trade unions and the Regulations on the technical labor inspection.
The Technical Labor Inspectorate carries out its activities in cooperation with federal executive authorities that carry out the functions of developing state policy, legal regulation, control and supervision in the established field of activity, legislative and judicial authorities, law enforcement agencies, territorial bodies of federal services and agencies, executive authorities of the constituent entities of the Russian Federation, local authorities, bodies exercising functions in the field of compulsory social insurance against industrial accidents and occupational diseases, as well as with employers and their associations. Works in close contact with the primary trade union organizations, authorized (trusted) persons for labor protection of trade unions, joint committees (commissions) for labor protection, public unions and associations in the field of labor protection and the environment.
The heads of the technical labor inspectorate of the all-Russian association of trade unions, the all-Russian trade union and their trade union organizations, the territorial association of trade union organizations are the chief technical labor inspectors of the relevant trade union body. Their deputies are deputies of the chief technical labor inspector.
Technical labor inspectorates, in accordance with the tasks assigned to them, perform the following functions:
- – take part in the development and formation of federal, regional and sectoral programs on labor protection and the environment, special measures for the social protection of workers injured at work;
- – make proposals on issues of labor protection, industrial and environmental safety and compulsory social insurance against industrial accidents and occupational diseases in general, regional, sectoral (intersectoral), territorial and other agreements;
- – summarize the experience of applying federal, regional legislation in the field of labor protection, the environment, compulsory social insurance against accidents and occupational diseases and make proposals for their improvement;
- – provide advisory assistance to primary trade union organizations on issues of working conditions and labor protection, the environment, the health of workers, as well as on the formation of measures for the section of the collective agreement and the agreement on labor protection;
- - inform the relevant state authorities and local self-government about the facts of violation of the legislation on labor protection, the environment and compulsory social insurance against accidents at work and occupational diseases;
- – participate in the dissemination of knowledge in the field of labor and environmental protection, compulsory social insurance against industrial accidents and occupational diseases;
- – conduct a selective examination of projects for the construction and reconstruction of existing production facilities, new technologies, equipment, machines, mechanisms, vehicles, for compliance with their requirements for labor protection and environmental safety, as well as means of collective and individual protection of workers for the presence of a certificate of conformity or safety ;
- – consider the appeals of trade union members on issues of labor protection, the environment and compulsory social insurance against industrial accidents and occupational diseases;
- - together with the labor protection trade union activists, they monitor the implementation by employers of measures to improve working conditions and labor protection provided for in the collective agreement and agreement, as well as the certification of workplaces in terms of working conditions;
- - provide methodological assistance to authorized (trusted) persons for labor protection of trade unions, perform other functions.
