Responsibility for violation of labor protection requirements
Responsibility for violation of occupational safety and health (OHS) requirements occurs to workers and (or) employers if they violate their responsibilities related to occupational safety issues.
IMPORTANT! The employer's responsibilities regarding occupational safety are listed in Art. 212 of the Labor Code of the Russian Federation, and for workers - in Art. 214 Labor Code of the Russian Federation.
The types of such liability are provided for in labor legislation (Article 419 of the Labor Code of the Russian Federation):
- disciplinary;
- material;
- civil law;
- administrative;
- criminal
Disciplinary liability is imposed by the employer on its employees if they do not comply with the established labor safety requirements. Depending on the severity of the offense and its circumstances, the employer has the right to reprimand or reprimand the offender, and in some cases, dismiss him (Article 192 of the Labor Code of the Russian Federation).
How to punish for a disciplinary offense, you will learn from the material “Order on disciplinary action - sample and form.”
Financial liability may arise if, as a result of an employee’s violation of labor safety requirements, direct actual damage to the company’s property is caused (Article 238 of the Labor Code of the Russian Federation).
The nuances of processing “material” issues in the company are in the publication “Regulations on the material responsibility of employees - sample 2019–2020”.
Civil liability may arise for an official who fails to fulfill his duties in relation to his employee, as a result of which the latter suffered moral damage. In this case, compensation for damage is paid in money in agreed amounts or in an amount determined by the court (Article 151 of the Civil Code of the Russian Federation).
We will discuss the remaining two types of liability provided for by law for violators of occupational safety standards in the following sections.
What is a violation
Both employers and employees are required to comply with labor protection requirements. The key provisions of occupational safety are specified in the Labor Code of the Russian Federation (Section X “Occupational Safety and Health”). The employer's responsibilities for occupational safety are regulated by Art. 212 of the Labor Code, and what liability an employee will have for violating labor protection requirements depends on the type of violation:
- failure to comply with requirements and instructions (deviation from the rules, ignoring personal protective equipment, alcohol intoxication in the workplace, etc.);
- improper (or with violations) fulfillment of duties to ensure safe working conditions (for example, starting the production process without a medical examination).
In the table, each item is a reason for liability on the part of the employer for violation of labor protection requirements.
| Violation | Content |
| Lack of instructions on safe work practices |
|
| Violation of work and rest schedule |
|
| Employees are not provided with personal protective equipment | The use of personal protective equipment prevents exposure to harmful factors. The employer is obliged to provide:
|
| Permission to work without mandatory medical examination | Mandatory medical examination allows you to identify conditions and diseases in an employee that are contraindicated for certain types of work. |
| No special assessment of working conditions is carried out (job certification) |
|
| Violation of the accident investigation procedure |
|
| Violations of the rules for technical operation of consumer electrical installations | Leads to various complex consequences. |
Code of Administrative Offenses on the amount of fines
Violators of occupational safety requirements may face penalties provided for in Art. 5.27.1 or 19.5 Code of Administrative Offences.
The amount of fines under Art. 5.27.1 Code of Administrative Offenses vary depending on the offense (there are four of them) and for organizations can reach 150,000 rubles, and for a repeated violation - up to 200,000 rubles. Suspension of activities is also possible.
Clause 23 Art. 19.5 of the Code of Administrative Offenses of the Russian Federation establishes fines for failure to comply on time with a legal order of a representative of supervisory authorities on issues of compliance with labor legislation (including on issues of compliance with labor requirements):
- 30,000–50,000 rub. for officials and individual entrepreneurs;
- 100,000–200,000 rub. for legal entities.
In addition to the specified monetary amounts, a manager or other official who committed the specified violation may also lose his position - clause 23 of Art. 19. 5 of the Code of Administrative Offenses provides for the possibility of his disqualification for a period of one to three years.
This article provides for personal penalties in certain areas of activity: failure to comply with regulations in the field of safety of hydraulic structures, when using nuclear energy, or regulations of the fire service. For repeated punishments for similar violations, more serious fines are also provided.
ConsultantPlus has a detailed article on administrative liability for violation of labor protection requirements with an analysis of judicial practice. You will be able to read the material as soon as you sign up for a free trial access to K+.
