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 specialists, consolidated the role public control by including commissioners for labor protection, public inspectors for traffic safety, 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 to suspend work in cases of direct threat to the life and health of workers, legal inspectors annually give more than 1,200 legal consultations 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 inspector Labor Dorprofzhel, Naumova Svetlana Arkadievna - legal labor inspector of the Moscow-Smolensk region, Kurchaev Oleg Aleksandrovich - technical labor inspector of the Moscow-Kursk 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 story connected with the history of the region and hundreds of union members, whose interests he defended.
Natalia Agapova -
chief legal labor inspector
Dorprofzhel on Moskovskaya road
Trade unions have the right to monitor how the employer complies with labor laws and collective agreements and agreements. To do this, trade unions can create legal and technical labor inspectorates of trade unions (Labor Code Art. 370). If the trade union is large enough, its regional branch has its own legal inspectorate, if not, then it is in the territorial association of trade unions.
So, if your right is violated, you can contact the union legal labor inspector. If the regional branch of your trade union has its own full-time legal inspector, then he will deal with you. If not, then the problem will be solved by the legal labor inspectorate of the trade union association. Based on this, you choose the addressee for a written appeal: the chairman of the regional committee of your trade union or the chairman of the territorial association of trade unions. They, in turn, will entrust the case to their legal inspectors. Written appeals can be brought in person or sent by mail.
There are no deadlines for responding to appeals for trade unions, therefore, unless otherwise established by trade union documents, your appeal should be considered within a reasonable time. By general rule, a month is a reasonable time.
The legal inspector of the trade union has significant powers. Firstly, he can freely visit any employer who employs trade union members to monitor compliance with the law - that is, the employer is obliged to let the inspector into the organization. Secondly, the employer is obliged to provide the inspector with the relevant documents. Thirdly, the inspector has the right to send the employer a proposal to eliminate violations, and the employer is obliged to report within a week on the results of the consideration of the requirement and the measures taken.
An employee should also be aware of one nuance when contacting a trade union. The inspector conducts an inspection in two cases: at the request of a trade union member (problem inspection) and according to the plan of inspections (scheduled inspection), which is accepted, as a rule, once every six months. Therefore, if an employee needs to quickly solve a problem, then, most likely, they will have to "order" a problem check. If the matter is not so urgent, you can use another option: contact the chairman of the regional committee of the trade union in which you are a member, with a request to include your employer in the inspection plan, explaining the essence of the problem. According to this plan, the legal inspector will come to an unsuspecting employer, as if with an ordinary scheduled inspection, and, studying the documents, as if by chance discovers a violation of your right. Thus, you will remain "nothing to do with it", but your problem will be dealt with.
It should be remembered that the employer is not obliged to fulfill the requirement specified in the submission, which is a minus for the employee. On the other hand, one can single out the advantages of applying to the trade union legal labor inspectorate:
1) the employer must respond to it within a week;
2) if you provide the legal inspector Required documents to draw up a submission, it can be sent to the employer without a visit to him, which will save time and also not cause unnecessary irritation with another check;
3) the employer will know that trade union lawyers already know about the violation, have the necessary arguments and, in case of a negative outcome, can send documents to the prosecutor's office, the State Labor Inspectorate or assist the employee in court: from writing a statement of claim to representing his interests in court;
4) unlike state bodies, it is important for trade union inspectors not only to respond appropriately to your appeal, but also to ensure that you remain in your previous position (otherwise you will cease to be a trade union member), so it is logical for an employee to expect a more flexible and thoughtful approach to solving his problems;
5) the trade union legal labor inspection is not covered by Federal Law No. 294 "On the Protection of the Rights legal entities and individual entrepreneurs when exercising state control (supervision) and municipal control", that is, it is not obliged to coordinate the plan of its inspections with anyone, including the prosecutor's office.
The trade union also has a technical labor inspectorate - it controls how the employer complies with labor protection requirements. Moreover, in case of a group accident (two or more people), a severe accident or an accident with a fatal outcome, the employer is obliged to send a notice to the appropriate territorial association of the trade union within 24 hours (TC Art. 228.1). The latter, in turn, will send his trade union technical labor inspector to participate in the investigation.
If you think that labor protection requirements are not being observed in relation to you, you can also contact the trade union technical inspectorate. The scheme of actions is approximately the same as when contacting the legal inspectorate.
The right to apply to the technical or legal inspectorate of a trade union does not cancel your right to apply to the State Labor Inspectorate (where technical labor inspectors also work).
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 be represented 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 federal law dated 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 species 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 the primary trade union organization or at a general meeting of 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 security officer labor organization, who may be a member 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 for monitoring compliance with labor laws and other regulatory legal acts containing norms labor law, 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 empowered 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 adopted provisions in accordance with model provision 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. Russian Federation on labor, labor and environmental protection, social insurance against industrial accidents and occupational diseases, trade union charters 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 authorities federal services and agencies, executive authorities of the constituent entities of the Russian Federation, bodies local government, 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 environment, special measures for social protection 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 labor conditions and safety, environment, 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 authorities state power and local self-government on 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, Vehicle, for their compliance with the requirements of labor protection and environmental safety, as well as the 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.
- Appendix 1. Form N 19-TI "Report on the work of the technical (chief technical) labor inspector, technical labor inspectorate of the Trade Union of workers of public education and science" environment and insurance against accidents at work and occupational diseases" Annex 3. Form N 2-TI "Requirement to bring to justice officials guilty of violating the legislation on labor protection, the environment and insurance against accidents at work and occupational diseases" Annex 4. Form N 3-TI "Requirement to suspend work in case of an immediate threat to the life and health of workers" Annex 5. Form N 4-TI "Conclusion on the degree of guilt of the victim of an accident at work" ) labor inspector
Regulations on the Technical Labor Inspectorate of the Trade Union of Public Education and Science Workers of the Russian Federation
(approved by the decision of the Presidium of the Central Committee of the trade union of workers of public education and science of the Russian Federation of March 27, 2001, protocol No. 6)
1.1. This Regulation has been developed on the basis of and in accordance with the Federal Laws "On trade unions, their rights and guarantees of activity", "On the basics of labor protection in the Russian Federation", "On compulsory social insurance against accidents and occupational diseases" (hereinafter referred to as insurance against accidents at work and occupational diseases), laws of the Russian Federation "On industrial safety of hazardous production facilities", "On environmental protection", "Regulations on the technical labor inspection of the FNPR", other laws and regulatory legal acts of the Russian Federation in the field of labor protection , industrial safety and environmental protection, the charter of the Trade Union of workers of public education and science of the Russian Federation, which is legal basis activities of technical labor inspectors of the trade union.
1.2. The technical labor inspectorate of the trade union, including full-time and freelance technical labor inspectors, together with committees (commissions) for labor protection, authorized (trusted) persons of the trade union for labor protection in organizations, form a system of trade union control in institutions, organizations and enterprises where they work and members of the Trade Union of Public Education and Science Workers of the Russian Federation are trained.
1.3. The technical labor inspectorate of the trade union carries out coordinated actions with the state authorities of the Russian Federation, local governments and employers on issues of labor protection, the environment and insurance against accidents at work and occupational diseases.
1.4. The technical labor inspectorate of the trade union interacts with the trade union and other public activists, the sectoral labor protection service of organizations of the Ministry of Education of Russia, state supervision bodies of the Rostrudinspektsiya, Gosgortekhnadzor, Gossanepidnadzor of the Russian Federation, the Social Insurance Fund of the Russian Federation, institutions of medical and social expertise and law enforcement agencies in monitoring compliance the rights of education workers to healthy and safe conditions labor, social guarantees when working in harmful and dangerous working conditions.
1.5. This Regulation defines the main areas of activity, the rights and obligations of the technical labor inspectorate for the implementation of trade union control over compliance with legislation on labor protection, industrial, fire and environmental safety, environmental protection, insurance against accidents at work and occupational diseases, as well as compliance with legal the rights and interests of workers at enterprises, institutions, organizations, regardless of the form of ownership and subordination, and included in the service of trade union organizations of the Trade Union of Public Education and Science Workers of the Russian Federation.
1.6. The technical labor inspectorate of the trade union is the authorized representative body of the trade union, is independent and independent in its assessments of the state of conditions, labor protection, industrial, fire and environmental safety at work 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 and occupational diseases, the charter of the trade union and these Regulations, and protects the rights of trade union members throughout the Russian Federation.
2. Functions of the technical labor inspectorate of the trade union
2.1. Implementation of trade union control over compliance in organizations by employers and officials with the laws of the Russian Federation and other regulatory legal acts (on trade unions, on labor protection, on labor, on collective agreements and agreements, on industrial safety of hazardous production facilities, on compulsory social insurance against accidents and occupational diseases, environmental protection, etc.).
2.2. Organization and conduct of inspections of the state of conditions and labor protection in organizations of public education and science, as well as industrial, fire and environmental safety, environmental protection, insurance against accidents and occupational diseases.
2.3. Protection of the legitimate rights and interests of the trade union and its individual members from the actions or inaction of the employer, officials, others responsible persons organizations that have led to the violation or restriction of the employee's rights to labor protection.
2.4. Protection of the legitimate rights and interests of members of the trade union of serviced organizations for health and safe working conditions, for receiving compensation and benefits when working in difficult and harmful or dangerous working conditions, for compensation for harm caused to the health of an employee by injury, occupational disease, or other damage to health, related to the performance of their duties.
2.5. Providing practical and advisory and legal assistance to authorized (trusted) persons of the trade union for labor protection in the organization, members of the joint committee (commission) to improve the state of labor protection, freelance technical labor inspectors, members of the trade union.
2.6. Participation 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.
2.7. Control, together with the trade union activists, of the completeness and correctness of the spending of funds provided for by collective agreements and agreements on measures for the protection of labor and the environment.
Analysis and generalization of the causes of injuries, violations of labor protection requirements and preparation of recommendations for their elimination. Submission of proposals on the need to make changes and additions to regulatory legal acts and local regulations on labor protection.
2.8. Informing the relevant state authorities and local self-government about the facts of violation of the legislation on labor protection, environmental protection and insurance against accidents at work and occupational diseases.
2.9. Study and generalization of problematic issues on labor protection and the environment. Taking necessary measures within their powers to resolve issues on the spot. Submission to the Central Committee of the trade union of proposals on problems that need to be addressed at the federal level.
2.10. Participation in the dissemination of environmental knowledge, compliance with the requirements of labor protection legislation and insurance against industrial accidents and occupational diseases.
2.11. Consideration of letters, appeals and statements of primary trade union organizations, trade union members on issues of labor protection, the environment and insurance against industrial accidents and occupational diseases. Preparation of substantiated explanations, recommendations and taking the necessary measures to eliminate established facts violations of the applicants' rights.
2.12. Submission for consideration of the elected trade union body of proposals on issues of labor protection, industrial, fire and environmental safety, insurance against accidents at work and occupational diseases, improvement of the system of trade union control in this area.
2.13. Participation in the development of measures for the decommissioning of harmful and dangerous objects and technologies aimed at improving working conditions and the natural environment.
2.14. Providing methodological and practical assistance to the heads of primary trade union organizations, authorized (trusted) persons of the trade union for labor protection in organizations, representatives of the trade union in joint committees (commissions) for labor protection, freelance labor inspectors in their control and preventive work. Organization of their periodic training and advanced training.
Advisory assistance and participation in the training of trade union activists on issues of labor protection, industrial safety, environmental protection and insurance against accidents at work and occupational diseases.
2.15. Investigation, with the participation of trade union activists and representatives of the employer, of cases of refusal of workers to perform work due to unfavorable working conditions, as well as cases of termination employment contracts(contracts) for the specified reason.
2.16. Monitoring the provision of workers with sanitary facilities and devices, as well as overalls, safety shoes and other personal protective equipment.
2.17. Making proposals to the relevant trade union and economic bodies on improving the conditions of labor protection and the natural environment of workers and students, as well as on the application of economic sanctions to officials for violations in this area.
2.18. Providing assistance to trade union members and trade union elected bodies in drawing up statements of claim to the judiciary in defense of the legitimate rights of workers in the field of labor protection, the environment, from accidents at work and occupational diseases and representing their interests in courts in case of violation by employers of the rights of workers in this area.
3. The technical labor inspector has the right
3.1. To freely visit (upon presentation of a certificate of the established form) organizations, regardless of the form of ownership and subordination, their structural units, workplaces where members of the Trade Union of Public Education and Science Workers work, to exercise trade union control over compliance by employers with legislation on labor protection, the environment and insurance against industrial accidents and occupational diseases.
3.2. Issue to employers mandatory submissions (Form 1-TI) on the elimination of violations of the legislation on labor protection, environmental protection and insurance against industrial accidents and occupational diseases.
The requirement of Form 2-TI to bring to justice officials guilty of violating labor protection legislation ... (Appendix 3);
The requirement of Form 3-TI to suspend work in cases of a threat to the life and health of workers (Appendix 4).
6.3. The technical labor inspector keeps records of his inspection activities in all aspects functional duties and is accountable to the trade union organization in which he is employed.
6.4. Based on the data on inspections and relevant documents drawn up in accordance with established requirements, other data on their work, technical (chief technical) labor inspectors draw up annual reports on their work in the form 19-TI.
6.5. Technical (chief technical inspectors) of the trade union labor are legally responsible for the decisions made, the reliability and objectivity of these reports in the form 19-TI.
6.6. A freelance technical labor inspector is released from his main job to perform the functional duties provided for by this Regulation, to participate in seminars, meetings, conferences, trade union congresses and in the work of their elected bodies, as well as for a short-term trade union study. At the same time, the conditions for his release from work and the procedure for paying for the time spent on the listed activities are determined by a collective agreement, an agreement on labor protection.
Application
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 The 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 of the 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 state institutions and public services of the Russian Federation (hereinafter - 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 authorities, judicial and law enforcement agencies, territorial bodies of 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 the rights and social guarantees for healthy and safe working conditions, preserving the 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 when development and adoption of collective agreements and agreements, other local regulations.
2.4. Preparation of appeals to state authorities and local self-government bodies with proposals to eliminate shortcomings on the part of employers, their representatives, and other officials who have committed violations 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 the social protection of 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 the investigation of accidents, take measures to eliminate violations of the procedure and deadlines for the investigation, restore violated labor and social rights 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, compulsory social insurance against industrial accidents and occupational diseases;
3.1.7. analyze activities and summarize work experience primary organizations Trade Union, freelance technical labor inspectors of the Trade Union and trade union committees authorized for labor protection to organize and monitor the state of labor protection in institutions (organizations), prevent 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, methodological manuals, advise on the application of labor protection legislation, 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 working 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 the reporting period in the form 19-TI and 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 vehicles.
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 the media to notify members of the Trade Union, workers about the work of the technical labor inspection of the Trade Union for the protection of 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 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. The technical (chief technical) labor inspector of the Trade Union, who is guilty of violating labor legislation and other regulatory legal acts containing labor law norms, 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. The management of the activities of the technical labor inspectorate of the Trade Union, operating on 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 full-time employees of the offices of the Trade Union organizations.
5.5. The technical (chief technical) labor inspector of the organization of the Trade Union is directly subordinate to the chairman of the organization of the Trade Union, carries out decisions made by the bodies of the Trade Union, the bodies of the organization of the Trade Union and the chief technical inspector of labor 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 suggestion 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 the technical (chief technical) labor inspectors of the Trade Union.
5.10. The Central Committee of the Trade Union, interregional (regional) organizations of the Trade Union independently determine staffing 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 Prospekt,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: To the chairman of the trade union committee of the organization
______________________________________________________________
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)
per_____________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________
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,
____________________________________________________________________________________________________
mechanisms or production sites, jobs, 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
Job title
