Responsibility for compliance with labor protection requirements. Special cases of qualifying actions as a violation of labor protection

In this publication you will learn what types of liability for violation of labor protection requirements exist for workers and persons responsible for labor protection at the enterprise. This article provides links to legislative acts on the basis of which this or that liability arises.

The head of any organization, regardless of its form of ownership, must ensure the safety of any work. In turn, employees are obliged to comply with labor protection requirements.

Responsibility for violation of labor protection requirements is prescribed in Article 419 of the Labor Code of the Russian Federation.

Article 419 of the Labor Code of the Russian Federation states that, depending on the nature and extent of the violations, employees of the organization and other persons guilty of violating labor laws may be held liable for the following types of liability:

1. Disciplinary responsibility.
2. Financial responsibility.
3. Civil liability.
4. Administrative responsibility.
5. Criminal liability for violation of labor protection requirements.

Let us consider in more detail all types of liability for violation of labor protection requirements.

1. Disciplinary liability for violation of labor protection legislation

Disciplinary liability for violation of labor protection requirements is type of liability that occurs for violation of labor discipline in the field of labor protection and industrial safety. Disciplinary liability for violation of labor protection rules is the most common type of violation.

Employees of the organization, as well as persons responsible for compliance with labor protection requirements, may be subject to disciplinary liability.

What is the employee’s responsibility for violating labor protection requirements?

Employees are subject to disciplinary liability for violating labor safety rules in the following cases:

— employee liability for violation of internal rules and regulations on labor protection;
— violation of labor protection instructions for safe work;
— evasion of medical examination;
— refusal to undergo special training on labor protection during working hours.

Depending on the severity of the fault, the employer has the right:

— make a remark to the employee;
- reprimand the employee;
- severely reprimand the employee;
- dismiss the employee.

″ Can an employer fire an employee for violating labor safety requirements?

An employer may terminate an employment contract with an employee for:

1. Repeated violation of security requirements- for the first violation of labor protection requirements, the employee receives a reprimand, for the second - a reprimand, and for the third - dismissal.

2. Single gross violation of labor protection requirements- a situation that led to an accident or incident. Or a situation that could lead to an accident or mishap.

Watch the video answering this question:

What is the employer's responsibility for violating labor protection requirements?

Occupational safety specialists and other responsible persons of the organization may be subject to disciplinary action in the following cases:

- the employee is allowed to work, but the equipment on which he is supposed to work is faulty;
— the employee is allowed to work on equipment in violation of its technological use;
- the employee is allowed to work on unprotected equipment, if such protection is provided;
— the employee was not provided with personal protective equipment, if such protective equipment is provided;
— the employee has not undergone special training and testing of knowledge on labor protection;
— the employee did not undergo a medical examination;
- the employee was sent to work that is contraindicated for him due to health reasons;
- the employee was involved in overtime work without his consent, as well as in cases where he cannot be involved in overtime work according to the law.

What is the procedure for bringing to disciplinary liability for violation of labor safety rules?

The procedure for applying disciplinary sanctions is specified in Art. 193 Labor Code of the Russian Federation. Having established a disciplinary violation, the manager is obliged to demand a written explanation from the violator. Failure to provide a written explanation does not exempt the perpetrator from disciplinary liability.

Disciplinary liability has a statute of limitations of 1 month. The punishment must be formalized properly, that is, a corresponding order is issued about its imposition, which the guilty person familiarizes himself with under signature within the next 3 days from the date of issue.

Disciplinary punishment is automatically lifted a year from the moment it was imposed, provided that there is no new punishment (Article 194 of the Labor Code of the Russian Federation). Removal of guilt can be made earlier at the request of the employee or his boss and is formalized by order.

An employee may appeal the imposition of a disciplinary sanction to the labor dispute commission within 90 days from the date of being subject to an unreasonably imposed penalty.

2. Financial liability for violation of labor protection requirements

Financial liability for violation of security requirements is compensation by the employee for damage caused to the employer as a result of violations of labor protection requirements.

For example, employees may be subject to this type of liability if their violation of labor protection instructions and rules for the safe operation of machinery and equipment resulted in damage to the employer’s property.

An employee can be held financially liable if:

- the employee is an adult;
- the employer received obvious actual damage;
- the employee was inactive or exhibited illegal actions;
- the employee’s guilt in causing damage to the employer has been proven.

An employee who caused damage may be required to compensate for material damage in full or in part, when a citizen is required to compensate an amount not exceeding his average monthly salary.

According to Article 247 of the Labor Code of the Russian Federation, the employee is obliged to compensate for material losses if his guilt is proven by the employer and such damage can be calculated. At the same time, according to Article 238 of the Labor Code of the Russian Federation, the employer’s lost profits are not taken into account.

It should be noted that, according to Article 240 of the Labor Code of the Russian Federation, the employer may completely or partially refuse to receive compensation for damage from the guilty party.

3. Civil liability for violation of labor protection legislation

Civil liability is liability of a person for violation of the Civil Code of the Russian Federation (Civil Code of the Russian Federation) and federal laws adopted in accordance with it.

This measure of responsibility may be imposed on the offender along with disciplinary, administrative and criminal liability. A characteristic feature of this liability is compensation for damage caused to the injured party.

Civil liability for violation of labor protection requirements is established in Chapter 59 of the Civil Code of the Russian Federation.

Civil liability arises for officials in the event of harm or violation of the rights of other entities. In this case, officials are obliged to compensate for property or moral damage to the injured party, depending on the type of offense.

Depending on the basis for applying liability measures, there are:

— contractual liability;
- non-contractual liability.

Depending on the nature, there are:

— shared responsibility;
— joint liability;
- subsidiary liability.

Protection of violated rights is carried out by courts of general jurisdiction, arbitration and arbitration courts in a special procedural manner using the norms of the Civil Code of the Russian Federation.

4. Administrative liability for violation of labor protection requirements

Administrative responsibility is type of liability for violation of the Code of Administrative Offenses of the Russian Federation (CAO RF) and regulatory documents adopted in accordance with it.

Managers, officials and other responsible employees are held administratively liable for violation of labor protection legislation.

″ What should a labor protection specialist do if he is brought to administrative responsibility?

There are three options for the development of events:

1. Pay a fine if you admit that you committed a violation.

2. Pay the fine, but ask the administration of the enterprise to compensate for the fine you paid if you are sure that you were fined for violations that are not specified in your job descriptions. This practice occurs quite often.

3. Contact the head of the inspector who checked you, or go to court if you completely disagree with the violations that are being charged to you.

Watch a video on this topic:

The administrative responsibility of the employer for violation of labor protection requirements is specified in Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation “Violation of state regulatory requirements for labor protection contained in federal laws and other regulatory legal acts of the Russian Federation”:

- liability for violation of labor protection legislation, including the Labor Code of the Russian Federation (chapters 34-37), a fine is provided for officials, as well as for individual entrepreneurs - from 2 to 5 thousand rubles, for legal entities. persons – from 50 to 80 thousand rubles;

— for failure to conduct or incorrect conduct of a special assessment of working conditions at workplaces, a fine is provided for persons responsible for labor protection, as well as for individual entrepreneurs - from 5 to 10 thousand rubles, for legal entities. persons – from 60 to 80 thousand rubles.

— for access by an employee without special training and testing of knowledge on labor protection, as well as without undergoing medical examinations, a fine is provided for officials, as well as for individual entrepreneurs - from 15 to 25 thousand rubles, for legal entities. persons – from 110 to 130 thousand rubles;

- for employee access without personal protective equipment (PPE), a fine for officials, as well as for individual entrepreneurs - from 20 to 30 thousand rubles, for legal entities. persons – from 130 to 150 thousand rubles;

— for repeated violation of the above points, a fine is provided for officials - from 30 to 40 thousand rubles, or suspension from work for a period of 1 to 3 years. For individual entrepreneurs – a fine of 30 to 40 thousand rubles, or suspension of activities for up to 3 months. For legal entities persons – a fine of 100 to 200 thousand rubles, or suspension of activities for up to 3 months.

The decision to impose penalties in the form of fines is made by inspectors or heads of State supervision bodies. Cases of administrative violations are considered by courts and authorized government bodies. The imposition of an administrative penalty does not relieve a person from performing his duties in the activity in which the violation was committed.

5. Criminal liability for violation of labor protection requirements

Criminal liability for violation of labor protection requirements is type of liability of officials for violation of the Criminal Code of the Russian Federation (CC RF) in terms of labor protection and industrial safety. The most severe punishment is provided for this responsibility.

Criminal liability may arise in the event of unintentional harm to a person’s health, or his death during an emergency at a specific facility (collision, accident, fire, disaster).

″ In what cases can criminal charges arise?liability for violation of labor protection requirements?

Criminal liability may arise if two grounds coincide at once:

1. If the injury is fatal or the injury is classified as severe. If the injury is minor, then there will be no criminal liability for violation of labor protection requirements. The Investigative Committee will, of course, come to your company and request the relevant documents, but will not open a criminal case.

2. If you see your name and position in the investigation report in the section “Persons who violated state labor protection requirements. Watch the video with the answer to this question (from the 1st minute of the video):

Criminal liability for violation of labor protection requirements is prescribed in Art. 143 of the Criminal Code of the Russian Federation “Violation of labor protection rules” and Art. 219 of the Criminal Code of the Russian Federation “Violation of fire safety requirements.”

Article 143 “Violation of labor protection rules” provides for liability depending on the severity of the incident:

- causing by negligence;
— death of 1 person due to negligence;
- death of 2 or more people due to negligence.

Thus, criminal liability arises for failure to comply with labor protection requirements by a person who is entrusted with the responsibility for their implementation, resulting in the infliction of serious harm to health. In this case, the person may suffer one of the following types of punishment:

- a fine of up to 400 thousand rubles or in the amount of wages or other income convicted for a period of up to 18 months, or
— corrective labor for up to 2 years, or
- forced labor for up to 1 year, or
- imprisonment for up to 1 year, with the possibility (not necessarily) of deprivation of the right to engage in activities for up to 1 year.

If the death of 1 person occurs due to negligence, then one of the following types of punishment is provided:

- forced labor for up to 4 years, or
- imprisonment for up to 4 years, with the possibility of deprivation of the right to engage in activities for up to 3 years.

If 2 or more people die due to negligence:

- forced labor for up to 5 years, or
- imprisonment for up to 5 years, with the possibility of deprivation of the right to engage in activities for up to 3 years.

We also advise you to read Art. 219 of the Criminal Code of the Russian Federation “Violation of fire safety requirements.” This article also provides for fairly serious liability for violation of labor protection legislation.

According to the Criminal Code of the Russian Federation, an employee must know for what and on what basis he is punished. Punishment must be: objective, adequate to the offense; if possible, promptly (after 45 days after the offense, the effectiveness of the punishment becomes practically zero).

What are the types of liability for violation of labor protection requirements at an enterprise?

What punishments can be used in relation to an employee, a special official or for the entire enterprise as a legal entity?

Types of liability for violation of labor protection requirements

1. Disciplinary. Provided for employees, specified in the Labor Code. Types of disciplinary sanctions include reprimand, reprimand and dismissal. The procedure for imposing sanctions on an employee is specified in labor legislation, as well as in local regulations (PVTR - Internal Regulations) and other documents.
2. Material. This is also a type of responsibility that is provided for employees. Applies when, as a result of the employee’s unlawful acts, material damage is caused to the property and property interests of the employer. The employee is obliged to compensate only direct material damage, and not lost profits. Financial liability is regulated by labor legislation, as well as a number of other acts.
3. Administrative. A type of liability that can be used both in relation to individuals and in relation to legal entities (for legal entities, administrative liability is most often established in the form of a monetary sanction - a fine).
4. Criminal. Provided only for individuals (not only employees of enterprises, but also officials: occupational safety specialists, managers and others). Criminal liability for violation of labor protection requirements is the most severe and may include not only fines, but also imprisonment.

What federal laws provide for liability for violation of labor safety standards?

Responsibility of the employee and the employer specified in a number of regulatory legal acts.

• Labor Code of the Russian Federation;
• Code of Administrative Offenses (this is the Code of Administrative Offences);
• Criminal Code of the Russian Federation (aka the Criminal Code of the Russian Federation);
• Federal Law “On Industrial Safety of Hazardous Production Facilities” (please ensure that you have the current version of the regulatory act: changes were made in 2016!). Some of the changes made began to take effect only in 2016-2017.

Dismissal for violation of labor protection requirements as a type of disciplinary liability: grounds and procedure

In Art. 192 of the Labor Code of the Russian Federation lists types of disciplinary sanctions, including dismissal. Art. 192 of the Labor Code refers to the provisions of Article 81, in which the reasons for dismissal are listed.

One of them is violation of labor protection rules. In the article itself 81 of the Labor Code contains the grounds for dismissal:

1. The violation of the rules was established by the labor protection commission or special commissioners for labor protection.
2. Violation of labor safety rules by an employee entailed serious consequences (for example, an accident occurred at work, an accident occurred, or a catastrophe occurred).

Disciplinary liability in the form of dismissal is also possible in such a case if the violation of labor safety rules knowingly created a real threat of dangerous consequences.

In Art. 193 of the Labor Code contains the general procedure for imposing administrative penalties on an employee. The standards listed here also apply to dismissal for violation of labor requirements. The diagram looks like this:

Disciplinary liability in the form of dismissal is the strictest. Be careful when filling out all documents and ensure that the entire procedure is followed.

If at least one document is missing, if the deadlines for imposing a disciplinary sanction were violated, then the employee can safely contact the state labor inspectorate and (or) to bodies that deal with individual labor disputes.

The list of labor protection violations at the enterprise is compiled at each individual enterprise and is an internal document.

Employer's liability for violation of labor safety requirements. Let's look at the administrative code!

Administrative Code (Administrative Code) is a document that provides for the liability of a legal entity.

It means that the company will pay a fine for violating labor protection legislation(more often).

For legal entities, such type of liability is also provided as temporary ban on activities. In this material we will list only the main offenses contained in the Code of Administrative Offenses:

1. Art. 5.27 for violation of labor legislation, as well as other acts containing labor law norms. According to part 5. Art. 5.27 of the Administrative Code entails liability in the amount of a fine of 5,000 rubles for citizens; disqualification for 1-3 years for officials, a fine of 30,000 rubles. for those who carry out activities without forming a legal entity; There is also a fine for legal entities from 100,000 rubles to 200,000 rubles.
2. Art. 5.27.1 for violation of state regulatory requirements for occupational safety. The maximum sanction for legal entities under this article provides for a fine of 100,000 rubles. up to 200,000 rub. or administrative suspension of work for up to 90 days.
3. Art. 5.28, providing for liability for evading the employer’s participation in negotiations on concluding a collective agreement (CA).
4. Art. 5.31 for violation or failure to fulfill obligations under a collective agreement, agreement
5. Art. 15.34 for concealing an insured event, it provides for the imposition of administrative liability in the form of a fine from 5,000 rubles to 10,000 rubles (applies to legal entities).
6. Art. 19.5 Code of Administrative Offenses of the Russian Federation for failure to comply with a legal order of the relevant officials within the prescribed period.

The employer's liability in such cases is not limited only to a fine, but also threatens with additional inspections, lost profits during administrative suspension of activities and other sanctions.

But Criminal liability is rightfully considered the most severe. It cannot occur for legal entities, since a legal entity is not a subject of criminal law.

But the norms of the Criminal Code of the Russian Federation are applied to officials whose activities resulted in violation of labor protection rules and serious damage.

Criminal liability for violation of labor protection requirements

In the Criminal Code of the Russian Federation There are several articles that are related to liability for violation of labor laws.

1. Article 145 for an unreasonable refusal to hire or for the unjustified dismissal of a pregnant woman, as well as women with children under 3 years of age. Provides for the imposition of a fine of up to 200,000 rubles or a fine in the amount of salary or in the amount of other income of the convicted person for a period of up to 18 months, and compulsory work for a period of up to 360 hours is also specified as a sanction.
2. Article 145.1 Failure to pay wages, pensions, scholarships, allowances, and other payments is punishable by up to imprisonment for up to 5 years.

But the key norm that provides for criminal liability is Art. 143 of the Criminal Code of the Russian Federation. It is called “Violation of labor protection requirements” and contains 3 parts.

The corpus delicti has a number of features:

1. Special subject - the person who was assigned responsibilities to ensure labor safety rules. The resolution of the Plenum of the Supreme Court on April 23, 1991 (with subsequent amendments) states that such entities include: A) heads of enterprises; B) chief engineers; C) chief specialists who did not take measures to eliminate violations D) other persons charged with labor protection responsibilities. If a violation of the norms was committed by a person who does not have a special status, but through negligence resulted in serious harm to human health/death due to negligence, then criminal liability arises under a completely different article - Art. 109, 118 CC.
2. Necessary presence of socially dangerous consequences(causing serious harm to health, death of a person or several people). Of course, it will be necessary to prove the existence of a cause-and-effect relationship between the direct violation of the rules and the occurrence of harm.
3. All acts provided for in this article are committed due to negligence.
4. Responsibility comes at enterprises regardless of ownership(state, private, foreign in Russia or others).
5. Violation of labor protection rules is a broad concept that can include not only safety precautions, but also rules for safe work, violation of industrial sanitation and occupational hygiene rules and others.

Art. 143 of the Criminal Code of the Russian Federation and criminal liability for violation of labor protection requirements

Part 1 art. 143 provides for criminal liability for violation of labor protection requirements that, through negligence, resulted in the infliction of serious harm to health.

The sanctions of the criminal article provide for the following types of punishments:

• a fine of up to 400,000 rubles or a fine in the amount of the salary/other income of the convicted person for a period of up to 18 months;
• compulsory work for periods of 180-240 hours;
• correctional labor for a maximum period of 2 years;
• forced labor for a maximum period of 1 year;
• imprisonment for up to 1 year + deprivation of the special right to occupy certain positions or to engage in certain activities for up to 1 year (or without deprivation of the right).

Part 2 art. 143 of the Criminal Code of the Russian Federation and criminal liability for violation of labor protection requirements, resulting in the death of a person due to negligence provides for the following sanctions:

• forced labor for up to 4 years;
• imprisonment for up to 4 years + deprivation of the right to hold certain positions/engage in one or another type of activity for up to 3 years (or without deprivation of the right).

Part 3 art. 143 of the Criminal Code of the Russian Federation and criminal liability for violation of labor protection requirements, resulting in the death of 2 or more people due to negligence punishable:

• forced labor for a maximum period of up to 5 years;
• imprisonment for up to 5 years + deprivation of the right to hold certain positions/engage in certain activities for up to 3 years (or without deprivation of the right).

Note to Art. 143 directly indicates that occupational safety requirements in this article mean state regulatory requirements for occupational safety, which are found in federal laws, as well as in other acts.

Where is the list of labor protection violations at the enterprise?

These may not only be local acts (although they are the easiest for employees and officials to navigate).

To view the responsibilities and rules for performing work, take a look at the PVTR, standard safety instructions, as well as the job description.

Before hiring an employee, the employer is required to conduct an induction briefing + initial safety briefing. The employee signs this in a special journal.

Also, the enterprise must have installed frequency of ongoing briefings on safety and labor protection (for example, they are carried out once every 6 months).

Each employee must undergo current training + sign in the appropriate journal. Additionally, there are cases of so-called “emergency briefings”, which are carried out after an accident at the enterprise. Employees also sign for them.

There are also industry rules on occupational safety, which include:

1. Order of the Ministry of Labor and Social Protection of the Russian Federation dated February 25, 2016 N 76n entitled “On approval of the Rules on occupational safety in agriculture”. There are the same resolutions approving labor safety rules in construction, housing and communal services (housing and communal services), in the field of food production and others.
2. Order of the Ministry of Agriculture of the Russian Federation of June 20, 2003 N 890 entitled “On approval of the Rules on occupational safety in the meat industry”. There are also separate orders for enterprises operating in the field of storing sugar beet seeds, storing and processing grain, crop production, livestock farming, the tobacco industry and other areas.
3. Orders of JSC Russian Railways on labor protection for employees of Russian railways (drivers, heating network workers, construction workers and many others).

Interindustry documents that regulate labor protection rules

1. Order of the Ministry of Labor and Social Protection of the Russian Federation dated November 16, 2015 No. 873n entitled “On approval of the Rules for labor protection during storage, transportation, and sale of petroleum products”
2. Resolution of the Ministry of Labor of the Russian Federation of March 28, 2014 N 155n entitled “On approval of the Safety Rules when working at height”.

There are the same regulations on safety rules when processing plastics, working on motor vehicles, operating gas facilities of organizations, and when soldering products.

3 conclusions from the article

1. There are 4 types of liability for violation of labor safety rules: from disciplinary to criminal
2. List of labor protection violations at the enterprise is found in job descriptions, PVTR and other local documents. There are also requirements, rules and instructions approved by orders and regulations
3. Application disciplinary action- dismissals must comply with those established in Art. 193 TC rules.

Video: Responsibility for violation of labor protection requirements

Occupational safety is a kind of system for preserving the health and vital activity of workers at an enterprise. In case of any deviations from the stipulated norms, sanctions are provided.
Read about what types of punishment are provided for by law for violating security rules and who should be responsible for it in this article.

Types of liability for violation of labor protection requirements at an enterprise

The main documents that regulate the field of occupational safety and health (hereinafter referred to as OSH) are the Constitution of the Russian Federation, the Labor Code. The Constitution specifies the right of every employee to work in safe conditions, and the Labor Code devotes a separate section to aspects of occupational safety.

If workplace safety rules are not followed, both employees and the employer may be held liable. There are several types of liability.

Disciplinary liability for violation of labor protection

When an employee does not perform his assigned duties properly, he may face disciplinary action for violation of labor protection, namely:

• Comment;
• Rebuke;
• Dismissal.

The law does not allow an employee to be held accountable if there were no signs of guilt in his actions. Only one punishment can be imposed for one offense. The employer has the right to order an internal investigation to clarify all the circumstances of the incident and bring the culprit to justice. It is important to know that a violator of discipline can be brought to justice within a month from the date of discovery of the violation.

The employer may also be subject to disciplinary sanctions. The most common violations committed by him:

• Permission of personnel to work without checking knowledge of basic safety rules;
• Admission to the place of work without undergoing a medical examination;
• Working with faulty equipment;
• Admission of personnel to the place of work without protective equipment.

Administrative responsibility

Responsibility for violation of the labor protection law is provided for in Article 5.27 of the Code of Administrative Offenses. The following category of persons is called to account:

• Officials of organizations. The labor inspectorate issues a fine;
• Managers (legal entities only);
• Individual entrepreneur (if there are employees on staff).

This type of liability presupposes the intentional nature of the actions.

Material

The employee’s financial responsibility must be clearly stated in the contract or in an additional agreement. An employee may be held accountable if:

• Illegality of actions or omissions;
• Causing damage through negligence or intentionally;
• Causality between action (inaction) and consequences in the form of damage caused.

According to Article 238 of the Labor Code of the Russian Federation, an employee must compensate for direct actual damage to his employer. The Labor Code interprets direct actual damage as a real decrease or deterioration in the condition of the enterprise's property.

Criminal liability for violation of labor protection requirements at an enterprise

Only management personnel or a person acting as director can be held criminally liable.

The legislation provides for not only the imposition of disciplinary or financial penalties against violators; much depends on the nature and severity of the violation. Criminal offenses include:

• Safety at nuclear power facilities;
• Lack of safe conditions during construction work;
• Violation of safety at explosive sites;
• Fire safety.

What fines are provided for in case of violation of labor protection rules in the Russian Federation?

If occupational safety rules are violated by an employee, he may suffer the following penalties:

• Warning;
• Transfer to a position with a lower salary for up to 3 months;
• Dismissal.

In case of financial liability, the employee must compensate not only the actual damage caused, but also compensate for expenses for making payments to third parties (if necessary).
For legal entities, the fine is equal to 300-500 minimum wages, for individual entrepreneurs – from 5 to 50 minimum wages. If the fact of the accident was hidden, the administrative fine for a legal entity is up to 100 minimum wages, for an individual – up to 5 minimum wages.

Who is responsible for labor protection at the enterprise?

The head of the organization or his deputy is responsible for the enterprise as a whole, for individual areas of production, for electrical equipment and the correctness of its operation.

The employee must answer:

• For compliance with safety standards in the workplace;
• For the correct use of personal protective equipment;
• For completing training in safe work practices;
• For timely notification of superiors about incidents.

The hired employee must also be responsible for timely completion of the medical examination.

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Every person, when getting a job, wants to be sure of his safety while performing his duties. This largely depends on working conditions. However, a considerable share of responsibility lies with the employees themselves, who should obey a number of requirements to maintain their health, as well as the condition of those around them, in the workplace.

Occupational safety and health refers to a set of laws and regulations that protect the safety of workers while on duty. They are set out in detail in Articles 419, 21 of the Labor Code, Article 15 of the Law and other documents.

Occupational safety measures

The Russian Federation recognizes a number of labor protection measures that must be observed by the person providing the work. They are divided into several types:

Every responsible and law-abiding business manager will comply with the laws in accordance with all these groups of measures. If any rule from the measures provided by law in this area is not observed, the employer will be held accountable to the state.

Employees of the enterprise employed by the employer, in turn must comply with all requirements dictated by law. They must correctly use and comply with all the above-mentioned labor protection measures. If any rules are not followed, the employee will also be punished by law. There are several types of liability that apply in labor law.

Types of liability

The legislative system of our country provides for several types of liability for violation of labor protection requirements. They are dictated by the Labor Code, the Code of Administrative Violations, as well as the Federal Laws of Russia.

Disciplinary

A number of disciplinary violations include the employee’s failure to comply with the requirements of the contract, failure to fulfill what is provided for in it, as well as in legislation, duties, rules and acts.

If the violation is recognized as disciplinary, the violator may be punished in one of three types:

• listen to the remark;
• to be reprimanded;
• be fired.

A person who committed a violation without intent and negligence in the workplace is not held liable for this series of violations.

In addition to employees, persons holding positions in the company are sometimes also subject to disciplinary liability. This is especially true for those who must ensure that labor safety rules are strictly observed.

Such incidents occur due to the following violations:

1. People were allowed to perform work before being tested for competence in the field of activity.
2. The employees began work without passing a medical examination.
3. The work was carried out using faulty and unreliable mechanisms and equipment.
4. During work, no special means were provided to protect workers, such as special clothing.
5. People who, according to the law, are not allowed to engage in this type of work were involved in harmful and dangerous activities.

If employees of an organization that specializes in hazardous work (for example, using atomic energy, etc.) suffered due to a disciplinary violation of labor protection requirements, The following types of liability will be relevant:

1. The person responsible for the violation will be warned that his official duties were not performed correctly.
2. An employee may be transferred to perform another type of work, the pay for which is lower. However, this step is carried out with the consent of the employee.
3. The responsible person may be transferred to a workplace that is in no way connected with hazardous production. This step is also applied with the consent of the employee, and can be valid for no more than a year.
4. The offender may be removed from his or her position involving hazardous substances. In this case, he will be offered another job suitable for his profession. This is carried out with the consent of the person.

One specific disciplinary violation can be apply only one type of liability, maximally corresponding to its severity. It can only be used within a month from the date of violation.

Material

Provisions of the law on liability must be provided for in advance in the employment contract, and the agreement is signed by both parties. You can also confirm an additional document on labor protection with the signatures of both parties.

If an employee is aware that he is responsible for labor protection within the limits of his authority, he should know that compensation for damage to the enterprise in case of non-compliance with the law lies with him. This refers exclusively to actual losses suffered by the organization, and not to lost profits.

In order for an employee to be legally held accountable for violation of labor protection at the enterprise, and to compensate for material damage, the following facts are required:

1. The behavior of the accused person clearly shows actions contrary to the law.
2. The person's guilt must be obvious. Also, the inaction that led to the violation will be considered a violation.
3. The situation clearly shows the connection between the action and its consequences.

It is important to know! The responsible employee pays damages exclusively within the limits of his monthly salary. The amount of payment can exceed this norm only in the case where the employer was forced to pay money in the form of compensation for damage to other employees. Then the employee guilty of the offense must cover these payments as well.

Administrative

The following people may be held administratively liable:

• Occupying high positions in the enterprise.
• Persons who are legal entities.
• People who are engaged in business without having the appropriate formation of a legal entity.

A violation may be recognized as the wrong actions of a person, or the absence of correct and necessary actions. However, liability will only be imposed if the violation was intentional. It is recognized as such when a person, realizing the wrongness of his actions and their illegality, knowing about the harmful consequences, stepped over them and committed an offense, or did not influence its prevention in any way.

It is important to know! A person is guilty of violating labor protection requirements only if he had the opportunity to take care of their compliance, was equipped with all the means for this, but did not consciously take advantage of it.

There are several levels of responsibility for disobedience to the law in this area:

1. Persons in positions responsible for labor safety at an enterprise, if they violate laws in this industry, may be required to compensate for damages in the form of a fine from five to fifty units of the minimum wage.
2. Private traders who do not have special education can be fined from five to fifty minimum wages. Also, in some cases, a sanction is used that removes a person from his activities for a period of no more than three months.
3. Legal entities may be liable in the amount of three to five hundred minimum wages. They may also be subject to a sanction that stops their activities for three months (but no more).

Note! A person in a responsible position who has already been subject to administrative liability due to ignoring requirements relating to labor safety, and is again accused of it, may be disqualified for a period of one to three years.

Criminal

In particularly difficult situations, offenders may be punished under criminal law. This applies to situations where the loss was too great or people were injured. For example, the list of criminal violations of labor protection requirements includes:

Only an individual can be held criminally liable. Among them may be company managers, employees working in high positions, as well as ordinary ordinary workers.

This video contains nuances about criminal liability for violation of labor protection requirements.