Labor protection for remote workers. We provide labor protection for remote workers. General labor protection requirements

On labor protection and the procedure for conducting each of them, it will allow the responsible person to competently convey to the attention of the employees of the enterprise the fundamental points on safety. Employees who want to avoid trouble at work should pay special attention to the rules for being at the workplace, preparing and carrying out work activities.

Why is it important to instruct employees in enterprises?

Beginning with kindergarten and school benches for each child are briefed on health protection for the purpose of effective learning safe behavior. The adult population employed in the manufacturing sector gets acquainted with other norms and standards. In accordance with the peculiarities of the process, the workers are informed of the rules for conducting work, the subtleties of the organization, compliance with safety regulations, they are introduced to the rights and obligations.

The main types of briefings for employees

Domestic labor legislation has clearly defined norms confirming the obligation of the employer to conduct briefings on labor protection at the workplace. This also includes the need for professional training of company employees working in conditions that are far from ideal. Familiarization with labor protection requirements can be conditionally divided into two types:

• Primary instruction. It is carried out on the day when the employee starts work or on the first days from the date of performance of official duties.
• Secondary instruction. It implies the presence at the enterprise of a well-functioning system of training in labor protection and the organization of briefings. These staff units should be responsible for the result (a sufficient level of staff awareness) achieved through intelligible and timely setting of tasks.

Who should conduct the briefing at the enterprise?

The management of the enterprise is responsible for informing the personnel. Workplace safety briefings may be delegated to other responsible persons appointed by the directors. It is extremely important that at the end of their conduct, employees are able to demonstrate a qualitative assimilation of the theoretical part educational material. Employees who fail to attend briefings should be suspended from production process. Wage these employees are not retained. An employee who has shown unsatisfactory results and low quality of knowledge is sent for retraining.

Differences between briefings for workers

• introductory- are necessary for familiarization to everyone, including those who only plan to find a job or will be present on the territory of the enterprise for a limited time, regardless of profession and rank, seniority and qualifications.
• Primary- their purpose is to inform the employee who is starting to perform professional duties at a new workplace. Of particular importance is the passage of instruction by trainees, students.
• Repeated- relate to the same persons who were instructed when applying for a job. The frequency of technical guidance is on average 6 months.
• unscheduled- relevant in case of admission to enterprises new information on labor protection. Workplace briefings can also be carried out for people who interrupt work for a long time.
• Target- familiarization of an official sent to perform one-time work requiring additional documentation and permits.

Place for staff briefing

There are no specific legal acts regulating the mass procedure for the implementation of programs for instructing labor protection in the workplace. Step-by-step algorithms are developed by each enterprise in accordance with the characteristics of their activities and workflow. But if you take into account general provisions for instruction, then:

• Induction training prepared by the labor protection department. Often, enterprises do not have such units, and therefore responsible persons HR inspectors are appointed. Such instruction is carried out in places designed for the number of instructed persons (offices, assembly halls, classrooms).
• Initial briefing on labor protection. In the workplace, instructions are distributed in most cases, but if the manager explains safety standards to a whole group of workers, the premises for team meetings are suitable. Retraining proceeds in a similar way.
• Unscheduled briefing carried out by a specialist in the place that will be best suited for this. In cases where the reason for an unexpected briefing was an accident at work, the technology of the workflow has changed, equipment has been replaced, etc., employees are trained directly at the workplace. If safety clarifications are affected by legislative innovations, any room with sufficient capacity is suitable for group instruction.

Is on-the-job training required?

As for the targeted technical clarification, here one can observe a significant tightening of the order of its organization in the workplace. In this case, the briefing on labor protection is carried out before:

• issuance of an order or permission to perform work;
• the beginning of the implementation of one-time production tasks.

The exceptions are public events and the process of eliminating the consequences of the accident and natural disasters. So, the choice of a place for instructing the group is carried out in rooms equipped for these purposes, and in the absence of such, one should proceed from the current situation at the discretion of the management.

How often should workers be briefed?

The timing of explanatory activities at the workplace and the frequency of briefings on labor protection are regulated by legislative provisions. They are based on the following rules:

• introductory is carried out at the stage of registration (employment) of the employee;
• primary is carried out immediately before admission to direct professional duties, passing an internship;
• repeated requires regularity, and therefore is carried out at least once every six months;
• targeted and unscheduled briefings are required if necessary.

Safety training sequence

It should be noted that the order of instruction is preserved in the above order. Compliance with the sequence and timing of the briefing by employees indicates the correct organization of the safety system at the enterprise. Thus, primary instructions on labor protection are not carried out before introductory ones, and re-training in safety precautions is not carried out without primary. In cases where there is a discrepancy in terms in the journal and summary tables of types of labor protection briefings, the competent control authorities see in such a discrepancy evidence of a formal approach to the safety of workers.

Do I need to coach remote employees?

Some entrepreneurs are concerned about the question of whether there is a need to instruct those employees on labor protection who, in accordance with labor contract carry out their job responsibilities remotely (at home). Such employees are popularly called homeworkers. Despite the fact that they work at the place of their actual place of residence, the employer is obliged to provide persons necessary equipment, raw materials, materials. In addition, the manager should make sure that the organization of labor itself does not run counter to the requirements of labor protection.

The rule on the need to train homeworkers at home is contained in Article 311 of the Labor Code of the Russian Federation. "Homeworkers" do not deprive them of the need to undergo training on labor protection in the appropriate order. At the workplace or at home - it doesn't matter where the employer organizes the meeting and briefing. A remote worker should not have less security knowledge. You can be exempted from the briefing on the same grounds that are suitable for full-time employees working on company premises.

By the way, it is worth paying attention to the possibility of using the help of household members in the process of performing a professional task at home. But we must not forget that officially labor relations began exclusively between the employer and the contractor. In addition, no one deliberately conducts briefings with family members of a remote employee.

Remote operation and labor protection

The category of employees who perform their duties remotely, outside the office and stationary workplaces, deserves special attention. Hiring such specialists in most cases means, rather, not the need to perform a specific production task, but the receipt of professional services of a single or multiple nature. However, in accordance with the Labor Code (Article 312, part three), labor protection briefings affect the use of equipment and means (materials, raw materials) for production. In addition, the use of the labor of remote employees implies the obligation of the employer:

• ensure the procedure for conducting briefings on labor protection and types of investigation of accidents that occurred to employees;
• implement the instructions of the State Supervision Service regarding remote employees;
• accept submissions from control bodies for consideration;
• engage in insurance of hired remote workers against accidents.

How is distance learning done?

Thus, the need for a series of briefings will be necessary in the prevailing number of cases. Acceptable methods of instructing remote workers are electronic transfers of text documents, other files, conferences in Skype, Viber, WhatsApp and others messengers.

As well as conducting briefings on labor protection in the workplace, the instructions of remote and remote employees must be confirmed by receiving response marks of familiarization. If necessary, this moment is prescribed in the employment contract and indicated in the Charter of Internal Regulations and other documentation.

Is it possible to do without briefings at the enterprise?

Taking responsibility, the employer has the right to release "remote" employees from the mandatory training. If subordinates are not exposed to danger, are not involved in the maintenance of equipment, their release from primary and repeated instruction in labor protection will be quite reasonable and legal. Meanwhile, the entire workforce of the enterprise, including those who are temporarily on its territory (representatives of partner organizations, medical workers, interns, students, relatives of employees, etc.), should undergo an introductory briefing.

However, it is not worth refusing to conduct timely briefing of personnel to the heads of enterprises and structural divisions. We must not forget that a well-conducted briefing is an affordable and effective measure that allows employees to perform their work duties with maximum dedication without risking their own health and safety.

Added to site:

INSTRUCTIONS

on labor protection for office workers

1. GENERAL REQUIREMENTS FOR LABOR PROTECTION

1.1. For violation of the requirements of this instruction relating to the work performed by him, the employee is liable in accordance with applicable labor, criminal and administrative laws Russian Federation.

1.2. The employee is allowed to independent work after passing:

Medical examination;

Introductory briefing on labor protection;

Training on labor protection and testing knowledge of labor protection requirements;

Checking knowledge of electrical safety rules with the assignment of the necessary qualification group tolerance;

Introductory fire safety briefing;

Checking knowledge of this manual.

1.3. The employee must comply official duties, work on the instructions of his supervisor, comply with the internal labor regulations, comply with labor protection requirements, treat property with care.

1.4. The employee must:

Know the dangerous and harmful production factors that manifest themselves in his workplace;

Know and be able to apply precautionary measures and means of protection (including individual ones) from dangerous and harmful production factors;

Know the operating instructions for the equipment used, office equipment;

Know the connection points of current collectors, switching devices, as well as be able to determine their good condition and be able to turn them off in emergency situations;

Know the ways of personnel evacuation and actions in case of emergencies;

Know the location of fire extinguishing equipment and be able to use them;

Know and be able to provide first aid to victims;

Observe the rules of personal hygiene;

Use in work only for its intended purpose and only serviceable furniture, fixtures, office equipment and other workplace equipment;

Do not allow foreign objects to interfere with work at your workplace.

1.5. Depending on the working conditions, various hazardous and harmful production factors may appear in the workplace.

1.5.1. When using a personal computer, an employee may be affected by the following hazardous production factors:

Electromagnetic radiation;

Increased brightness of the light image;

Voltage in the electrical circuit, the closure of which can occur through the human body;

Eye strain, attention, prolonged static loads.

1.5.2. During the operation of electrical equipment, a dangerous production factor is electric current. The maximum permissible value of alternating current is 0.3 mA. With an increase in current to 0.6-1.6 mA, a person begins to feel its effect.

Types of electric shock:

Electric shock (paralysis of the heart and breathing);

Thermal burn (electrical burn);

Technical damage;

Electrophthalmia (inflammation of the eyes due to the action of an electric current).

1.5.3. Also, the following dangerous and harmful production factors can affect the employee:

Neuropsychic and emotional overload;

Falling objects from a height (from cabinets, shelves);

Rough or sharp surface of equipment, tools, office equipment;

1.5.4. Information about dangerous and harmful production factors arising from the operation of other equipment, is contained in the instructions for their operation.

1.6. Employee protection means are:

Protective insulation of wires and cables, live parts of equipment and parts of equipment that may be energized.

To work on personal electronic computers(hereinafter referred to as PC) it is recommended to use special spectral glasses.

2. HEALTH REQUIREMENTS BEFORE STARTING WORK

2.1. Each employee before starting work must:

Remove from the workplace foreign objects and objects that are not required to perform the current work (boxes, bags, folders, books, etc.);

Make sure by external inspection that there are no mechanical damages to power cords and housings of office equipment, as well as that there are no mechanical damages to electrical wiring and other cables, electrical sockets, electrical switches, lamps, air conditioners and other equipment;

Check whether the furniture is in good condition and conveniently located, whether the equipment of the workplace and the materials necessary for work are conveniently placed on the desktop, whether the approaches to workplaces are free;

In case of detection of damage and malfunctions of the PC, peripheral devices, office equipment, furniture, appliances, electrical wiring and other cables, electrical sockets, electrical switches, lamps, air conditioners and other equipment, do not turn on the equipment, do not start work, call technical personnel and inform your direct supervisor;

Check if there is enough light workplace. In case of insufficient illumination, it is necessary to organize local lighting, and arrange local lighting fixtures so that when performing work, the light source does not blind the eyes of both the worker and those around him;

2.2. Make sure that the work is carried out safely, only after that you can start working.

3. HEALTH REQUIREMENTS DURING WORK

3.1. Every employee must:

Monitor the serviceability of office equipment and other equipment, follow the rules for their operation and labor protection instructions for the relevant types of work;

In case of a long absence from the workplace, disconnect office equipment and other equipment from the mains, with the exception of equipment designated for round-the-clock operation (network servers, etc.);

Be attentive, do not get distracted and do not distract others;

In the event of a paper sheet (tape) jamming in the output devices for printing, before removing the sheet (ribbon), stop the process and disconnect the device from the mains, call technical personnel or inform your immediate supervisor about this;

Disconnect office equipment and other equipment from the mains, only holding on to the plug of the power connector;

Do not allow pulling, twisting, bending and pinching equipment power cords, wires and cables, do not allow any objects to be placed on them and come into contact with heated surfaces;

During the established breaks in work, perform the recommended exercises for the eyes, hands;

Do not allow moisture to get on the surface of the PC, peripheral devices and other equipment. Do not wipe with a damp or wet cloth equipment that is under electrical voltage.

3.2. During work it is not allowed:

Touch moving parts of office equipment and other equipment;

Work with insufficient illumination of the workplace;

Touching elements of office equipment and other equipment with wet hands;

Switch interface cables, open cases of office equipment and other equipment and independently repair them.

4. REQUIREMENTS FOR LABOR PROTECTION IN EMERGENCY SITUATIONS

4.1. In the event of an emergency, an employee must:

Immediately stop work, disconnect office equipment and other electrical equipment from the mains and report the occurrence emergency and its character to the direct manager, and in his absence to the senior manager; if necessary, leave the danger zone;

Under the guidance of the immediate supervisor, take part in the liquidation of the emergency situation, if this does not pose a threat to the health or life of workers;

In the event of malfunctions in the operation of office equipment or other equipment, as well as in the event of malfunctions in the operation of the electrical network (the smell of burning, extraneous noise during the operation of office equipment and other equipment, or a feeling of action electric current when touching their cases, flashing lamps, etc.) disconnect office equipment and other equipment from the mains, call technical personnel and inform your immediate supervisor about this;

In case of detection of malfunctions of furniture and fixtures, stop using them, call technical staff and report this to your immediate supervisor;

In the event of a temporary power outage, disconnect office equipment and other electrical equipment from the mains;

Do not start work until the damage and malfunctions of office equipment and workplace equipment are completely eliminated or the emergency situation is eliminated;

In the event of a fire, it is necessary to stop work, call the fire brigade, disconnect office equipment and other equipment from the mains, notify nearby people about the fire, take measures to evacuate people from the danger zone and take part in extinguishing the fire with available primary means fire extinguishing, and if it is impossible to eliminate the fire, leave the danger zone, acting in accordance with the instructions for fire safety and evacuation plans;

Extinguishing the seat of fire is carried out using powder or carbon dioxide fire extinguishers with the obligatory use of personal protective equipment;

In case of accidents with other employees, provide first aid to the victim, help deliver him to a health center or the nearest medical facility, call if necessary medical workers to the scene;

Immediately inform your immediate supervisor about the accident that happened to the employee or through his fault, as well as about any accident involving other employees of his or a third-party organization, witnessed by the employee;

Take measures to preserve the situation of the accident, if this is not associated with a danger to the life and health of people;

When investigating an accident, the employee must report all the circumstances of the incident known to him;

When committing terrorist acts or the threat of committing them, act in accordance with the security recommendations when emergency situations operating in the organization;

If violations of labor safety requirements are found in the office premises that cannot be eliminated on their own, as well as in the event of a threat to the life or health of the employee or other employees, inform their immediate supervisor about this, suspend work and leave the danger zone.

5. REQUIREMENTS FOR HEALTH AND SAFETY AFTER THE END OF WORK

5.1. After finishing work, you must:

Disconnect office equipment and other equipment from the mains, with the exception of equipment that is defined for round-the-clock operation (fax, network servers, etc.);

Tidy up the workplace, paying special attention to its fire-prevention condition;

Close windows;

Turn off lights;

Report any deficiencies found during work to your immediate supervisor.

Question from Konstantin

Good afternoon! Colleagues, a question about remote employees. What to do with them? To train on labor protection - not to train? To instruct is not to instruct. According to Art. 312.3 "... training in safe methods and techniques for performing work ..., briefing on labor protection, internships and testing knowledge of labor protection requirements" they are not required, but they must be familiarized with the requirements of labor protection! The same question arises for fire safety and electrical safety briefings. Maybe someone faced a similar situation. Remote employees are scattered almost throughout the European part of the Russian Federation. Thanks in advance.

Reply to Konstantin

Greetings Konstantin!

"Labor Code of the Russian Federation" dated December 30, 2001 N 197-FZ (as amended on April 2, 2014, as amended on June 4, 2014) (as amended and supplemented, effective from April 13, 2014)

Article 312.3. Features of the organization and labor protection of remote workers

The procedure and terms for providing remote workers with the equipment, software and hardware, information security tools and other means necessary for the performance of their duties under an employment contract on remote work, the procedure and terms for submitting reports on the work performed by remote workers, the amount, procedure and terms for paying compensation for the use by remote workers of equipment belonging to them or rented by them, software and hardware, means of protecting information and other means, the procedure for reimbursement of other expenses related to the performance of remote work is determined by the employment contract on remote work.

In order to ensure safe conditions and labor protection of remote workers, the employer fulfills the obligations stipulated by paragraphs seventeen, twentieth and twenty-one of the second part of Article 212 (see below) of this Code, and also familiarizes remote workers with the requirements of labor protection when working with equipment and means recommended or provided by the employer . Other obligations of the employer to ensure safe conditions and labor protection, established by this Code, other 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, do not apply to remote workers, unless otherwise provided by an employment contract on remote work.

Article 212. Obligations of the employer to ensure safe conditions and labor protection

The employer must ensure:

— investigation and accounting, in accordance with the procedure established by this Code, other federal laws and other regulatory legal acts of the Russian Federation, of accidents at work and occupational diseases; (As amended by Federal Law No. 90-FZ dated June 30, 2006)
- fulfillment of orders officials federal executive body authorized to exercise federal state supervision over compliance with labor law and other regulatory legal acts containing norms labor law, other federal executive bodies exercising state control (supervision) in the established field of activity, and consideration of submissions from public control bodies within the time limits established by this Code and other federal laws; (as amended by Federal Laws No. 122-FZ of 22.08.2004, No. 90-FZ of 30.06.2006, No. 242-FZ of 18.07.2011)
- Compulsory social insurance of employees against industrial accidents and occupational diseases ...

Ensuring proper working conditions and compliance with labor protection requirements for remote workers is a difficult task, and verification of their implementation is even more troublesome. How to conduct labor protection measures for employees working under a contract outside the office?

First of all, it is necessary to define the very concept "remote worker". In accordance with the Labor Code of the Russian Federation (Article 312), employees who perform their labor functions are recognized as such “outside the location of the employer, its branch, representative office, other separate structural unit, outside a stationary workplace, territory or facility directly or indirectly under the control of the employer, provided that it is used to perform this labor function<...>Internet networks".

Remote activities are often occupied by freelancers who perform one-time work, or perform their duties under an employment contract not on the territory of the employer. Designers and copywriters working on websites, editors and proofreaders, programmers, layout designers and system administrators - in a word, all specialists whose direct presence in the office is not mandatory, since their working platform is an Internet resource.

Labor protection for remote workers

According to the same article of the Labor Code, for remote employees the employer must ensure:

• Accounting and further investigation of accidents that occurred during work;
• Compliance with the requirements prescribed by the supervisory authorities based on the results of the audit;
• Social insurance against accidents and occupational diseases;
• Familiarization of employees with the requirements of labor protection in the organization.

According to Law No. 426-FZ “On a Special Assessment of Working Conditions”, both the SOUT and labor protection training are not mandatory for remote workers - unlike, say, conducting a SOUT for traveling employees. How, in such a case, to ensure compliance working conditions for them?

Familiarization of the employee with the requirements of labor protection in the organization can be carried out through telecommunication networks - all the same Internet. This is what most employers do, but this process is not regulated in any way by law, and the mechanism for proving that the employee is really familiar with them has not been developed and implemented.

In turn, problems arise for the remote workers themselves: if they receive an industrial injury (to which, in accordance with Federal Law No. , include all damage received during the performance of work in the interests of the employer) to prove that the injury or Occupational Illness really was obtained in the process of performing remote work, it is almost impossible. It will be too difficult for an investigation to determine the time period in which the injury was received, correlate it with the implementation of the work duties of a remote worker, and also find the culprit in the incident.

Unfortunately, due to the impossibility of conducting a special assessment of working conditions for remote workers and the lack of legislative standards in this area, labor protection for such employees is indeed an almost impossible mission, requiring more detailed consideration and a clear delineation of conditions and responsibilities.

What is the obligation of the employer in terms of labor protection in relation to teleworkers? According to Art. 312.3 Labor Code In the Russian Federation, the employer is obliged to familiarize remote workers with the requirements of labor protection when working with equipment and means recommended or provided by the employer. 1. How should such familiarization be carried out and with what frequency? 2. How can the employer prove that he has familiarized the employee with labor protection requirements? 3. Is it required to conduct introductory briefing and briefing at the workplace? If required, in what form should the briefing logs be if the work is carried out remotely?

1. Such familiarization can be carried out through the exchange electronic documents between the employee and the employer (for example, the employer sends the employee a local regulation on e-mail, and the employee sends in response to the employer a letter confirming that he is familiar with the provisions of such an act).

2. Prove the fact that the employee has become familiar with local regulations organization, the employer can, for example, email correspondence.

3. No, not required.

Legal rationale:

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