Russian Federation there is a system of regulatory legal acts containing state regulatory requirements for labor protection, which includes: - intersectoral (POT RM) and sectoral rules on labor protection (POT RO); - intersectoral (TI RM) and standard instructions for labor protection (TI RO), safety rules (PB); - rules for design and safe operation (PUE), safety instructions (IS) - state standards of the system of occupational safety standards (GOST R SSBT) - building codes and regulations (SNiP), codes of practice for design and construction (SP) state sanitary and epidemiological rules and regulations, sanitary rules (SP), hygienic standards (GN), sanitary rules and norms (SanPin), sanitary standards(CH).
Legislative and normative legal acts on labor protection.
The Constitution of the Russian Federation is the main source labor law and, recognizing the rights and freedoms of man and citizen as the highest value, provides the following fundamental provisions for this branch of law:
- labor is free and forced labor is prohibited (parts 1 and 2 of article 37);
- the right of citizens to freely dispose of their abilities for work, to choose their type of activity and profession (part 3 of article 37);
- guaranteed equality of rights and freedoms of citizens regardless of gender, race, nationality, place of residence, membership in public organizations and other circumstances (Article 19);
- the right of citizens to work in conditions that meet the requirements of safety and hygiene; wages without discrimination and not less than the minimum amount; protection against unemployment (part 3 of Art.
Article 211. State normative labor protection requirements
Decree of the Government of the Russian Federation of May 23, 2000 No. 399 "On regulatory legal acts containing state regulatory requirements for labor protection" regulates the procedure for the development and adoption of regulatory legal acts (NLA). In accordance with the Regulations on the Ministry of Health and Social Development of the Russian Federation, approved by the Government of the Russian Federation of June 30, 2004 No. 321, the competence of the Ministry of Health and Social Development of Russia includes the preparation and submission to the Government of the Russian Federation of drafts of the Federal Law, NLA of the President of the Russian Federation and the Government of the Russian Federation and other documents on issues related to to the established sphere of competence of the Ministry and to the spheres of competence of the subordinate to it federal services and federal agencies. The Ministry also independently adopts regulatory legal acts in the established field of activity, including intersectoral rules and standard instructions on labor protection.
Regulations on the development, approval and amendment of regulatory legal acts containing state. norms. requirements for labor protection ”it was established that in the Russian Federation there is a system of regulatory legal acts containing state regulatory requirements for labor protection, which includes: - intersectoral (POT RM) and sectoral rules for labor protection (POT RO); - intersectoral (TI RM) and standard instructions for labor protection (TI RO) safety rules (PB); - rules for construction and safe operation (PUE), safety instructions (IS) - state standards of the system of occupational safety standards (GOST R SSBT) - building codes and regulations (SNiP), codes of practice for design and construction (SP) state sanitary and epidemiological rules and regulations sanitary rules (SP), hygienic standards (GN), sanitary rules and norms (SanPin), sanitary standards (SN).
3. normative legal acts on labor
Therefore, to the relationship arising in connection with the conclusion of these civil contracts, labor standards are not applicable. In accordance with civil law contracts are concluded with the heads of federal state enterprises (Decree of the President of the Russian Federation of June 10, 1994 No.
»About some measures to ensure government controlled economics "), members of the Bolshoi Theater troupe and some other creative workers. The role of the Constitution of the Russian Federation as a source of labor law The basis of legislative and other law-making activities is the Constitution of the Russian Federation, which establishes fundamental provisions for everything labor legislation.
In accordance with Art. 18 of the Constitution of the Russian Federation, the rights and freedoms of man and citizen, including in the sphere of labor, determine the meaning, content and application of laws.
Legal acts on labor protection
Attention
It is obvious that the absence of the federal body executive power the authority to issue a specific normative legal act is also the basis for its invalidation. Let us remind you once again that the Government of the Russian Federation empowers the federal executive authorities to issue normative legal acts in the field of labor protection.
Info
In connection with the above, it can be concluded that regulatory legal acts in the field of labor protection, issued by other executive authorities federal level, should not contradict federal laws, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, decrees of the Ministry of Health of the Russian Federation. The presence of such contradictions allows you to appeal against regulatory legal acts federal authorities executive in The Supreme Court RF for their recognition as invalid.
Normative legal acts on labor protection
The RF Constitution is the prohibition of forced labor. Forced labor is the performance of work under the threat of some form of punishment (forceful coercion).
Forced labor also includes work that an employee is forced to perform under the threat of any punishment (violent influence), while in accordance with the law he has the right to refuse to do it, including in connection with: a) violation of the established deadlines payments wages or by paying it not in full; b) the emergence of danger to the life and health of the employee due to violation of labor protection requirements, in particular, not providing him with collective means or individual protection in accordance with the established norms, or the performance of heavy work and work with harmful and (or) dangerous working conditions not provided for by the employment contract.
1.the legal basis of labor protection
Local regulations that worsen the position of employees in comparison with labor legislation, collective bargaining agreements, agreements, or adopted without observing the procedure for taking into account the opinion of the representative body of employees, provided for by the Labor Code, are invalid. In such cases, laws or other regulatory legal acts containing labor law norms are applied.
The standard of the organization is recommended to be put into effect by order of the head of the organization and agreed with the representative body of the labor collective. Accounting and storage of the standards of the organization for labor safety is carried out by the labor protection service.
An organization's standards should be reviewed at least every five years.
Has the right to issue normative legal acts on labor protection
Labor legislation and other acts containing labor law and labor protection legislation apply to: - employers; - for employees who are in labor relations with employers; - on members of cooperatives participating in joint production and other economic activities based on their personal participation; - for students educational institutions undergoing industrial practice; - for military personnel sent to work in the organization; - for citizens serving a sentence by a court verdict, during the period of their work in organizations. The best sayings: When passing the laboratory work, the student pretends that he knows everything; the teacher pretends to believe him.
Forced labor performed in emergency situations(fires, floods, famines, earthquakes, severe epidemics or episodes), when there is a threat to the life of the population or part of it. Does not apply to forced labor carried out by a court verdict as a criminal punishment (serving a sentence in the form of compulsory work and in the form of restriction of freedom).
Federal laws containing labor protection standards and regulating related relations include Labor Code Russian Federation, Civil Code Russian Federation, the federal law"On compulsory social insurance against industrial accidents and occupational diseases", etc. Legislative provisions in the field of labor protection are implemented through government decrees, orders, decrees and other acts of federal executive authorities.
State regulatory legal acts on labor protection
Towards regulatory legal acts containing state regulatory requirements for labor protection, include labor safety standards, rules and standard instructions for labor protection, state sanitary and epidemiological rules and regulations (sanitary rules and regulations, sanitary standards, sanitary rules and hygienic standards that establish requirements for the factors of the working environment and labor process (Resolution of the Government of the Russian Federation "On approval of the Regulation on the development, approval and amendment of regulatory legal acts containing state regulatory requirements for labor protection" dated December 27, 2010 N 1160)
The principles on which the legislation on labor protection is based are enshrined in Article 7 of the Constitution of the Russian Federation.
Fundamental among the documents on ensuring the safety of working conditions that must be in an organization are the state regulatory requirements for labor protection contained in federal laws and other by-laws of the Russian Federation and the constituent entities of the Russian Federation on labor protection, which establish requirements that are binding on all legal and individuals when carrying out any kind of activity.
State regulatory legal acts on labor protection:
- intersectoral rules (POT RM) and standard instructions (TI RM) on labor protection are developed with the participation of interested federal executive authorities and approved by the Ministry of Health and Social Development of Russia. They apply to organizations of all forms of ownership and organizational and legal forms.
- sectoral rules (POT RO) and standard instructions (TI RO) on labor protection are developed and approved by the relevant federal executive bodies in agreement with the Ministry of Health and Social Development of Russia. Industry rules and model OSH guidelines apply only within a specific industry.
- safety rules (PB) and safety instructions (IS), rules for construction and safe operation (ПУБЭ). Safety rules are developed and approved by federal executive authorities. They apply to organizations working in the area controlled by these supervisory authorities, engaged in equipment maintenance, organizing and performing installation, commissioning and repair work.
Construction norms and rules (SNiP), codes of rules for design and construction (SP) in terms of state regulatory requirements for labor protection are developed and approved by the relevant federal executive authorities in agreement with the Ministry of Health and Social Development of Russia. These rules regulate safety requirements during construction, installation work, reconstruction of buildings and structures.
Sanitary norms and rules (SanPin), hygienic standards (GN). These rules provide sanitary requirements in the production of works and services.
State standards (GOSTs) of the occupational safety standards system (SSBT). Currently, both the State Standards of the USSR and the State Standards of the Russian Federation with the letter "P" are in force. In total, about 400 state standards are in force in the Russian Federation in various areas of production activity.
State regulatory legal acts on labor protection are approved for a period of 5 years and can be extended for no more than two terms. The decision to extend the period of validity of state regulatory labor protection requirements, or to cancel them early may be made no later than 9 months before their expiration.
Local documents on labor protection:
- A collective agreement is a legal act that regulates social and labor relations in an organization or individual entrepreneur and concluded by employees and the employer represented by their representatives (Article 40 of the Labor Code of the Russian Federation). It may include mutual obligations of employees and the employer on the entire range of issues of social and labor relations in the organization, taking into account its financial and economic situation. A separate section in the collective agreement includes obligations to improve working conditions and health and safety of workers, payments of compensation for work in harmful and hazardous working conditions, work and rest hours, sanitary and household and treatment-and-prophylactic services, as well as education and training in the field of protection labor and other issues identified by the parties.
The labor protection agreement is included in the collective agreement as an annex or is developed and approved in the form of an independent legal act, including the employer's obligations to improve labor conditions and safety.
Labor protection instructions for an employee are developed on the basis of an intersectoral or sectoral standard labor protection instruction (or intersectoral or sectoral labor protection rules), taking into account the safety requirements set out in the operational, repair and technological documentation and specific production conditions. These requirements are set out in relation to the position or profession of the employee or taking into account the work performed (Resolution of the Ministry of Labor of Russia dated December 17, 2002 No. 80 "On approval of guidelines for the development of state regulatory requirements for labor protection"). It is the main regulatory document that establishes safety requirements for employees of a particular organization.
REGULATORY LEGAL ACTS ON LABOR PROTECTION are by-laws that specify, within the framework of the current legislation, certain provisions in the field of labor protection; establish rules, procedures and criteria aimed at preserving the health and life of employees in the process of working. Decree of the Government of the Russian Federation of May 23, 2000 No. 399 "On regulatory legal acts containing state regulatory requirements for labor protection" regulates the procedure for the development and adoption of regulatory legal acts (NLA).
In accordance with the Regulations on the Ministry of Health and Social Development of the Russian Federation, approved by the Government of the Russian Federation of June 30, 2004 No. 321, the competence of the Ministry of Health and Social Development of Russia includes the preparation and submission to the Government of the Russian Federation of drafts of the Federal Law, NLA of the President of the Russian Federation and the Government of the Russian Federation and other documents on issues related to to the established sphere of jurisdiction of the Ministry and to the spheres of jurisdiction of the federal services and federal agencies subordinate to it. The Ministry also independently adopts regulatory legal acts in the established field of activity, including intersectoral rules and standard instructions on labor protection.
Industry-specific rules on labor protection are developed and approved by the relevant federal executive bodies in agreement with the Ministry of Health and Social Development of Russia. Rules and instructions on safety, rules for design and safe operation, construction and, and state, codes of practice for design and construction in terms of state regulatory requirements for labor protection are developed and approved by the relevant federal executive authorities in agreement with the Ministry of Health and Social Development of Russia. State regulatory requirements for labor protection, included in these documents, should not contradict the current legislation on labor protection.
When the legislation on labor protection, intersectoral rules and standard instructions on labor protection are changed, when new equipment and technologies are introduced, as well as based on the results of the analysis of industrial injuries, occupational diseases, accidents and disasters in the Russian Federation, the state regulatory requirements for labor protection are subject to revision regardless of the established period of their validity. When adopting regulatory legal acts containing state regulatory requirements for OT of intersectoral significance, sectoral acts containing OT requirements for similar technological processes and types of work are subject to correction, revision or cancellation.
In accordance with the Decree of the Government of the Russian Federation of August 13, 1997 No. 1009 "On Approval of the Rules for the Preparation of Normative Legal Acts of Federal Executive Bodies and Their State Registration" The Ministry of Health and Social Development of Russia is extended, changed, supplemented or declared invalid in agreement with the Ministry of Health and Social Development of Russia.
The legal framework for the management, supervision and control of occupational safety and health is formed by a diverse and developed system of legislative and regulatory legal acts regulating various issues and sides of the complex and complex problem of ensuring labor conditions and safety. To implement legislative and regulatory requirements, a labor protection management system has been created, each of the elements and bodies of which has its own functions, duties and scope of activity, its procedure and procedure.
All issues related to the organization of the labor protection system at enterprises and organizations, labor safety requirements are regulated by laws, legislative and regulatory legal acts.
According to the legal level, documents regulating labor safety issues can be subdivided into legislative acts, regulatory legal acts and other regulations on labor protection of the federal legislative and executive authorities of the Russian Federation, as well as its subjects.
Legislation is a set of laws of a country in any area of law, in particular in the field of labor protection.
A labor protection legislation is an act that establishes the right of workers to labor protection in the course of their work, adopted or approved by the legislative body.
A regulatory legal act on labor protection is an act that establishes a set of legal, organizational, technical, sanitary and hygienic and treatment and prophylactic requirements aimed at ensuring safety, maintaining the health and working capacity of workers in the labor process, approved by the authorized competent body.
The main legislative acts regulating labor protection in the Russian Federation are:
Constitution of the Russian Federation,
Federal Law "On the Fundamentals of Labor Protection in the Russian Federation"
Labor Code of the Russian Federation.
Legislative acts, in addition to laws, may include decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, as well as decrees, letters, regulations and other documents of ministries and departments.
By generality and effect, legislative and regulatory legal acts are divided into five levels:
Unified acts that are valid throughout Russia for all enterprises, organizations, institutions and establish the basic principles and rules of the state in the field of labor protection. These include federal laws, decrees of the President, decrees of the Government and federal ministries and departments.
Intersectoral acts in force in all sectors of the economy, without exception. These include, for example, the standards of the labor safety system, sanitary norms and rules for working with certain hazardous and harmful production factors, hygiene standards, etc.
Acts of the subjects of the Federation, valid only on the territory of the subject and regulating separate issues labor protection in relation to the subject.
Sectoral acts that are valid only in a particular industry and do not have legal force in other industries.
Regulatory legal acts of the enterprise, which are documents on labor protection, valid only at a specific enterprise.
Legislative and normative legal acts of a lower level should not contradict acts of a higher level. So, sectoral acts should not contradict inter-sectoral, regional - unified and inter-sectoral, enterprises - sectoral.
Basic legislative acts on labor safety The Federal Law "On the Fundamentals of Labor Protection in the Russian Federation" (hereinafter the Law) defines the main directions public policy in the field of labor protection, which are:
ensuring the priority of preserving the life and health of employees;
adoption and implementation of legislative and regulatory legal acts on labor protection, federal and regional programs for improving working conditions and labor protection;
state management of labor protection;
state supervision and control over compliance with labor protection requirements;
assistance to public control in the field of labor protection;
investigation of industrial accidents, occupational diseases and their analysis;
protection of the legitimate interests of employees who have suffered from industrial accidents and occupational diseases;
the establishment of compensation for hard work and work with harmful and hazardous working conditions;
coordination of activities in the field of labor protection;
dissemination of best practices to improve working conditions and labor protection;
state participation in financing labor protection measures;
training and professional development of labor protection specialists;
organization of state statistical reporting on working conditions, industrial injuries, occupational diseases and their material consequences;
ensuring the functioning of a unified labor protection information system;
international cooperation in the field of labor protection;
implementation of an effective tax policy that stimulates the creation of safe environment labor;
establishment of the procedure for providing employees with PPE and VHC, sanitary facilities, medical and preventive means at the expense of the employer.
The implementation of the listed areas of state policy in the field of labor protection is ensured by joint coordinated actions of federal bodies state power, authorities of the subjects of the Federation, bodies local government, employers, and trade unions.
The law defines a uniform throughout the country procedure for regulating relations in the field of labor protection between employers and employees, regardless of the form of ownership, scope of economic activity and departmental subordination of enterprises, organizations, institutions.
SSBT is a set of interrelated regulatory documents aimed at ensuring and improving working conditions for workers in the national economy.
SSBT includes organizational and methodological standards that establish requirements for the organization of work to ensure safety, and the organizational and methodological foundations for standardization in the field of labor safety, as well as standards for requirements and norms for types of hazardous and harmful production factors, on the safety requirements for production equipment, to production processes, to requirements for protective equipment for workers, to safety requirements for buildings and structures. The objectives of these standards, in particular, are:
standardization of labor safety requirements;
inclusion of labor safety requirements into standards and specifications for specific objects.
SSBT, created in 1972, is constantly developing and improving in accordance with the increasing requirements for labor protection. It includes about 400 state standards. The norms and requirements established in the SSBT are included in 76 thousand standards and technical specifications for specific types of products, in particular for equipment, materials, etc. The SSBT established a unified procedure for the development of standards, their consideration, agreement, approval, publication, planned implementation; a system for monitoring and supervising implementation and compliance has been established. The norms and requirements of the SSBT are included in all types of documentation without fail - design, technological, project, as well as in labor protection instructions and other documents
Assumes the existence of a regulatory and legal system, the functioning of which is focused on ensuring normal and safe conditions for the implementation professional activity employees of enterprises. The responsibilities of managers include the development and implementation of various preventive, sanitary and hygienic, rehabilitation and other measures. Consider further what are currently in existence. regulatory documents on labor protection and industrial safety.
Specificity of the formation of an information base on labor protection
In accordance with the requirements established by GOST R 12.0.006-2002, the enterprise must provide:
- Transfer of information about the conditions and measures for labor protection between divisions and departments operating at different production levels.
- Providing information to interested parties.
The organization should develop documentation on labor protection. Its design can be carried out both on paper and on electronic media. Occupational safety regulations should be easily identifiable, readable and understandable, accompanied by an indication of the dates of entry into force and its duration. The enterprise establishes the methods and responsibilities associated with the development and updating of health information. 
Control features
At the enterprise, it is necessary to develop and implement methods for supervising the state of documentation and the relevance of information. Such control is necessary for:
- Periodic analysis of information, revision and re-approval by responsible persons.
- Ensuring the availability of copies of recorded documents and data at all workplaces.
- Timely withdrawal of canceled provisions and irrelevant information.
OT cabinet
It is recommended to create it as an integral component of the system of informing employees about their duties and rights in the field of labor protection, the state of working conditions at the enterprise in general and individual divisions in particular. In addition, in the offices of OT, they are familiarized with the provisions, instructions, etc. They are created in accordance with the decree of the Ministry of Labor No. 7 of 17 January. 2001 It is recommended to divide the thematic structure of the classrooms into special and general sections. 
List of regulatory documents
The list of provisions includes:
- State requirements of OT. They represent the rules, criteria, procedures focused on maintaining the health, life of personnel in the implementation of their professional activities. These requirements are present in federal and regional laws.
- Industrial safety requirements. They are presented in the form of restrictions, prohibitions, conditions and other instructions. These requirements are contained in the Federal Law No. 116, state standards, instructions applied in accordance with the specified law.
The list of normative documents also includes the relevant presidential decrees, government decrees, orders of federal executive structures, regional and local authorities... They also contain HSE requirements. 
Local regulations
These labor protection acts are developed directly at the enterprise in accordance with the provisions of the Labor Code. The head single-handedly approves the staffing table, instructions, orders, orders, staff regulations, dispute commissions, organization of labor protection, etc. The director of the enterprise also adopts such regulatory documents on labor protection as:
- Regulations on the rules of teaching and testing knowledge on labor protection.
- List of professions and activities for which increased requirements are imposed.
- The list of types of work and places of production according to the permit-admission.
- List of employees required to undergo a medical examination.
- Technological regulations.
- List of heavy and harmful work, the involvement of persons under 18 years of age and women is not allowed.
The opinion of the representative structure of employees is taken into account when developing rules of procedure, shift schedules, regulations on wages and norms. The approval of the instructions on labor protection, the sequence of granting leaves, the norms of the duration of the shift, the modes of rest and work is carried out in agreement with the elected trade union body. 
Additionally
Local regulations on labor protection include industrial safety requirements. In accordance with Federal Law No. 116, the enterprise must accept:
- Orders, orders, including the distribution of responsibilities for compliance and control over the implementation of requirements.
- Regulations on industrial supervision, specialized areas, functional services.
- Job descriptions.
- Provisions on the system of orders.
- Instructions for the use of safety footwear, workwear and other PPE.
- Plans for the implementation of measures to ensure the implementation of industrial safety requirements.
- Instructions for the safe implementation of work.
Regulatory documents on labor protection and industrial safety also contain plans for conducting control and preventive audits, provisions on the rules of conduct in the event of accidents and their investigation.
OT Agreement
Social partnership in the field of labor protection is one of the key principles for regulating the interaction between the employer and the staff. Its main forms are collective and labor contracts. Through the first, the obligations of the employer and the rights of the employee are realized. IN collective agreement contains provisions for improving the conditions of professional activity. The agreement is regarded as legal form planning and implementation of activities. The contract must clearly spell out preventive measures, the timing of their implementation, responsible persons, the amount of material and financial costs. In accordance with this document, monthly and quarterly plans are formed for specific divisions of the organization.