Administrative violations of labor protection. Typical violations in the field of labor protection. Violation of safety at fire hazardous facilities

30.06.2020

Persons guilty of violating labor protection requirements, failing to fulfill obligations on labor protection provided for by collective agreements and agreements, labor contracts, or hindering the activities of representatives of state supervision and control over compliance with labor protection requirements, as well as public control bodies, are liable in accordance with legislation Russian Federation.

Depending on the severity of violations, disciplinary, administrative, financial and criminal liability occurs. Disciplinary responsibility. Article 214 Labor Code Russian Federation, employees are required to comply with the requirements for labor protection, safety and industrial sanitation. Article 192 of the Labor Code of the Russian Federation provides for the following disciplinary sanctions: reprimand, reprimand, dismissal. Administrative responsibility. Administrative responsibility is established by the Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ. Article 3.2 of the Code defines the types administrative on testimony which include:

warning;
administrative penalty;
paid seizure of a tool or subject of an administrative offense;
confiscation of the instrument of committing or the subject of an administrative offense;
deprivation of a special right granted to an individual;
administrative arrest;
administrative expulsion from the Russian Federation foreign citizen or stateless persons;
disqualification.

Depending on the severity of the offense, the perpetrators are punished with a fine of up to 25 times the minimum wage or disqualification for a period of 6 months to 3 years. Material liability. Liability of officials for violation of legislation on labor protection consists in recovering from them - in whole or in part - the amounts paid by the enterprise to employees who suffered from accidents and occupational diseases. Criminal responsibility. The Criminal Code of the Russian Federation of June 13, 1996, No. 63-FZ establishes criminal liability for crimes against the constitutional rights of man and citizen, public safety and public health. The articles of the code provide criminal liability for:

violation of labor protection rules;
violation of safety rules at nuclear power facilities;
violation of safety rules when conducting mining, construction or other works;
violation of safety rules at explosive facilities;
breaking the rules fire safety;
violation of sanitary and epidemiological rules;
concealment of information about circumstances that endanger the life or health of people.

Depending on the nature and severity of the consequences of violations committed by citizens, officials and legal entities, their criminal liability can be defined as:

imposition of a fine in the amount of 100 to 700 minimum wages;
deprivation of the right to hold certain positions or engage in certain activities for a period of 2 to 5 years;
correctional labor for a period of 6 months to 2 years;
restriction of freedom for a period of 3 to 5 years;
imprisonment for a term of 3 to 10 years.

In addition to these types of liability, the legislation also provides for the liability of enterprises and organizations for the production and supply of products that do not meet the requirements of the OT.

Occupational safety is a legal obligation of any employer. He must not only comply the necessary conditions in which its staff should work, but also maintain them, ensuring compliance with the regulations of special regulatory legal acts.

If the employer or his subordinates responsible for the field of labor protection neglect this duty, this is fraught with legislative sanctions. To protect the interests of employees in the field of labor protection, disciplinary, administrative, criminal and material forms of liability are provided.

What threatens employers for non-compliance with the norms of the Labor Code on labor protection, read in this article.

Regulatory justifications

The Labor Code of the Russian Federation is the main documentary base for the regulation of labor protection, which is reflected in the following articles:

Art. 212 speaks of the employer's obligations to staff to ensure working conditions that will be safe for employees;
Art. 419 describes in detail the types of responsibility for the employer and persons ensuring labor protection at the enterprise;
Art. 90, 192 talk about forms disciplinary responsibility;
Part 5 Art. 189 approves the special provisions of labor protection enshrined in federal law for certain categories workers;
Art. 11 of the Labor Code of the Russian Federation shows the degree liability parties to an employment contract.

In addition to the Labor Code, the rights of an employee to labor protection are regulated by the Code of Administrative Offenses of the Russian Federation (Article 5.27). According to this normative act, the administrative responsibility of employers and officials is established.

The Criminal Code provides for punishment for violation of labor protection rules in Art. 143.

Finally, Decree of the Government of the Russian Federation No. 399 contains a complete list of regulations, which fixes the regulations for ensuring labor protection and responsibility for this.

Features of disciplinary liability for violation of labor protection

When there is a violation labor discipline, they talk about disciplinary responsibility, including in the labor protection sphere. This type of responsibility can involve both an employee of the organization and executive.

REFERENCE! Disciplinary violations rank first in prevalence among other deviations from compliance with labor standards.

Disciplinary violations of the employer before the law

Disciplinary responsibility threatens the head or special persons responsible for labor protection at the company if such violations are committed:

the employee was allowed to work on broken or incorrectly working equipment;
allowed the employee to start using equipment with violations of the technology for its use;
the worker is forced to work without funds personal protection, while their use is provided;
there is no employee’s signature stating that he has been instructed and tested on labor protection (or such classes were not held at all);
no scheduled medical examination of the employee;
the employee was forced to take a position for which he is not suitable for health reasons, which is confirmed by a medical report;
staff were forced to work overtime without consent or against the law.

How is disciplinary action given?

The management, having caught a labor protection specialist in a disciplinary violation, should first of all request an explanation in writing. If an explanation is not provided, this will not relieve the guilty person from liability, and the reasons stated may mitigate guilt or even remove the penalty.

You can impose a penalty within a month from the date of the violation.

The head issues an order about this, introducing the guilty person to the imposed punishment within 3 days against signature on the order.

If the offender has not earned a new penalty within 1 year, the imposed penalty will be automatically removed. This can happen even earlier if the punished person or his immediate supervisor reasonably asks for this, and the management satisfies this request.

If a representative body of personnel decides to complain about the management for violation of labor protection, this can be done at a higher authority. The employer may apply any form of disciplinary sanction to the guilty head of the structural department or his deputy, according to the circumstances and severity of the violations.

IMPORTANT! One misdemeanor can be punished by only one disciplinary sanction.

An employee who disagrees with the imposition of a disciplinary sanction has the right to appeal the decision of the management to the commission for labor disputes, for this he has 3 months.

Types of penalties imposed

Disciplinary punishment, depending on the severity and characteristics of the violation, may be imposed in one of the following forms:

comment;
rebuke;
dismissal;
warning about incomplete compliance with the position;
down conversion;
transfer to a position that eliminates danger.

Responsibility "ruble"

Material liability- this is compensation for damage caused as a result of guilty actions, no matter which party, employee or employer, caused this damage.

Since we are talking about employer's liability, let's consider in what cases an employee can receive compensation for violation of labor protection:

The employer illegally does not allow the employee to perform his duties. In this case, the employee must be paid the unreceived wages.
The employer caused damage to the employee's property. Compensation is calculated based on market prices on the day of the violation. Damage can be compensated not only in cash, but also in kind, if the employee agrees to this.
Due to the employer's fault, the employee's health deteriorated. Treatment and restoration of health will be paid if the insurance does not cover these costs.
The employer did not make the required payments on time. If the deadlines for paying salaries, vacation pay, leave, etc., are violated, these payments will have to be reimbursed with interest for the delay.

Administrative responsibility for labor protection

Violations of the Code of Administrative Offenses of the Russian Federation (CAO), committed by responsible persons and executives, must be punished in accordance with the adopted legislative norms. The decision to impose an administrative penalty is made by labor inspectors or other representatives of supervisory authorities.

Most often, labor protection specialists who have committed an administrative offense are subject to a fine of one size or another, depending on the severity:

for violation of the provisions of regulatory acts on labor protection, especially the Labor Code of the Russian Federation, officials and individual entrepreneurs will be fined 2-5 thousand rubles, and organizations - 50-80 thousand rubles;
for neglecting the assessment of working conditions at the workplace (failure to conduct, improper assessment), specialists and individual entrepreneurs will answer 5-10 thousand rubles, and a legal entity - 60-80 thousand rubles;
admission to work of personnel without a medical examination and testing of knowledge on labor protection may be fraught with a fine of 15-25 thousand rubles, and for organizations - 110-130 thousand rubles;
failure to provide the necessary personal protective equipment will cost 20-30 thousand rubles, and for legal entities - 130-150 thousand rubles.

NOTE! If the perpetrator is "caught" in a repeated offense, the punishment will be much stricter: officials, like individual entrepreneurs, will pay 30-40 thousand rubles. or they will be suspended from work for 1-3 years, and legal entities can stop their business for up to 3 months or part with 100-200 thousand rubles.

Criminal liability in the field of labor protection

The most severe penalties for violators of labor protection rules are provided for in the criminal area of law, because non-compliance with these requirements can lead to significant damage to people's health and even death. The head will fall under criminal liability if 2 conditions are simultaneously met:

as a result of the violation, the employee received a severe (precisely severe, minor injuries do not require a criminal investigation) or fatal injury;
the investigative committee found the head responsible for violating state requirements for labor protection, as a result of which an unfortunate incident took place.

The punishment for a labor protection specialist and / or the head of the organization is imposed depending on the consequences that have occurred and the characteristics of the accident itself:

Due to non-compliance with labor protection requirements, serious harm was caused to health. In this case, the responsibility may be as follows:
- a fine of up to 400 thousand rubles. or the wages of the perpetrator for a year and a half;
- correctional or forced labor for up to 1-2 years;
- imprisonment for 1 year with restriction of the right to engage in a particular activity or without such restriction.
Due to the negligence of the person responsible for labor protection, 1 person died. The court may award the defendant:
- forced labor up to 4 years;
- imprisonment up to 4 years with deprivation of the right to hold a certain position up to 3 years.
Due to insufficient labor protection, 2 or more people died. The punishment is even more severe:

forced labor up to 5 years;
imprisonment up to 5 years with a limit on relevant activities up to 3 years.

IMPORTANT INFORMATION! Serious penalties are also provided for by the Criminal Code of the Russian Federation for violations of the rules for observing fire safety, which also applies to labor protection standards (Article 219 of the Criminal Code of the Russian Federation).

Commentary on Article 24

1. In accordance with Art. 419 of the Labor Code for the actions specified in the commented article, disciplinary, administrative, criminal and civil liability is provided.

2. Disciplinary responsibility. For violation of labor discipline, which is understood as non-performance or improper performance due to the fault of the employee of the labor duties assigned to him, including the obligation to comply with labor protection requirements, disciplinary liability is provided. Thus, the obligation of employees to comply with labor protection requirements is enshrined in Art. 15 of the Federal Law "On the Fundamentals of Labor Protection in the Russian Federation" (see commentary to Article 15 of the Law).

The duties of persons performing the functions of managers in the field of labor protection are also regulated. The regulatory framework for such regulation is, in addition to Art. 15 of the Law also part 2 of Art. 21 of the Labor Code of the Russian Federation, internal labor regulations and qualification characteristics of the positions of managers and employees, approved in the prescribed manner.

The qualification characteristics of the mass positions of executives, common to all sectors of the economy, the most widespread in practice, are determined by the Ministry of Labor of Russia ( Qualification guide positions of managers, specialists and other employees, approved by the Decree of the Ministry of Labor of Russia of August 21, 1998 N 37. M .: Prior, 2000). Qualification characteristics of managerial positions specific to individual industries are developed and approved by the Ministries (departments).

It follows from the qualification characteristics of managers that their duties, along with the implementation of the function of organizing production and labor, also include the obligation to ensure healthy and safe conditions labor for subordinate performers, as well as monitoring their compliance with labor protection requirements. Moreover, the implementation of organizational and control functions by managers is based on the relationship "power - subordination": the head of a particular level, in accordance with his authority, gives instructions that are mandatory for execution by those to whom they are addressed, i.e., the administrative method of influencing subordinates is used. This is what allows us to say that the persons responsible for ensuring compliance with labor protection requirements at enterprises are persons exercising organizational and administrative functions.

In specific organizations, these qualification characteristics can be used as normative documents of direct action or serve as the basis for the development of internal organizational and administrative documents - job descriptions containing a specific list of job responsibilities of employees, taking into account the specifics of the organization of production, labor and management, as well as rights and responsibilities. If necessary, the duties included in the qualification characteristics of a certain position are distributed among several performers or supplemented with additional duties. Job descriptions are approved by the head of the organization or his deputy, who is directly subordinate to the unit and the relevant employees, taking into account the opinion trade union body. These normative documents it is necessary to be guided in deciding the question of the violation of which obligations to comply with labor protection requirements, the persons exercising organizational and administrative functions, including the functions of ensuring labor protection, are liable.

Certain official duties in the field of labor protection are also assigned to the specialists of the enterprise, which is consolidated in job descriptions. For example, a power engineer ensures not only uninterrupted operation, proper operation, repair and modernization of power equipment, electrical and thermal networks, but also compliance with the rules and norms of labor protection in the performance of these works.

Non-compliance by employees and persons performing organizational and administrative functions, as well as by specialists, through their fault, with the duties assigned to them in the field of labor protection is a violation of labor discipline (disciplinary offense), for which the perpetrators can be brought to disciplinary responsibility (Article 192 of the Labor Code).

A disciplinary offense can be expressed both in the commission of unlawful guilty actions that do not meet the requirements of special norms and rules of labor protection, and in inaction (in the failure to take measures to prevent violations of labor protection requirements). The actions of an employee that do not go beyond the law cannot be considered illegal. Thus, the refusal of an employee to perform work in the event of a danger to his life and health due to violation of labor protection requirements or from performing heavy work and work with harmful and (or) hazardous conditions labor not provided for by the employment contract does not entail bringing him to disciplinary responsibility (Article 9 of the Law and Article 220 of the Labor Code).

Disciplinary misconduct of workers is usually expressed in the fact that they do not comply with the rules for the performance of work and behavior in industrial premises and on construction sites established by labor protection instructions, the requirements for handling machines and mechanisms, the rules for using personal and collective protective equipment, violate sanitary standards, etc. d.

The most common violations of labor protection rules by persons endowed with organizational and administrative functions are: allowing employees to perform work without checking their knowledge of labor protection requirements and undergoing internships at the workplace in order to acquire skills in safe work practices; to management of intraplant transport without passing the mandatory medical examination; to work on faulty equipment or to operate technological equipment in violation technical requirements, in the absence of safety and protective devices, without the use of personal protective equipment by employees; as well as the involvement of certain categories of workers in the performance of work prohibited for them by law (hard work, work with harmful or dangerous working conditions, night and overtime work), and etc.

The materials for bringing the employer to disciplinary liability may be the results of inspections by the labor protection service of this organization or state supervision and control bodies and public control bodies over compliance with labor protection legislation. In addition, authorized officials of state supervision bodies can issue binding instructions to employers on bringing persons guilty of violating labor protection legislation to disciplinary liability.

Disciplinary responsibility consists in applying to the guilty person one of the following types of penalties provided for by labor legislation: remark, reprimand, dismissal from work (Article 192 of the Labor Code). Moreover, dismissal from work can be carried out both in case of a systematic violation (non-compliance) with the requirements of labor protection (clause 5 of article 81 of the Labor Code), and in case of a single gross violation of labor duties by the head of an organization (branch, representative office, department and other separate subdivision) and his deputies (clause 10, article 81 of the Labor Code). The dismissal of an employee can also take place for violation of labor protection requirements by him, if this violation caused serious consequences (accident at work, accident, catastrophe) or knowingly created a real threat of such consequences (subparagraph "e" of paragraph 6 of article 81 TC).

The obligations of employees to comply with labor protection requirements and disciplinary measures for non-compliance with them are also enshrined in some charters and regulations on discipline applied in a number of sectors of the economy (for example, the Charter on the discipline of employees of organizations with especially hazardous production in the field of the use of atomic energy, approved by the Decree of the Government of the Russian Federation Federation of July 10, 1998 // SZ RF. 1998. N 29. St. 3557).

Disciplinary action is applied by the head of the organization. Others have such a right only in cases where the specified powers are granted to them by the charter of the organization, the order of the head, etc.

The application of a disciplinary sanction does not relieve the employee who has committed a disciplinary offense from other liability provided for by the legislation of the Russian Federation, in particular from compensation material damage organizations. Besides, disciplinary action may be combined with the deprivation in the prescribed manner of bonuses, remuneration based on the results of work for the year and other measures provided for by law and the collective agreement.

According to Art. 193 of the Labor Code, before applying a penalty to a guilty employee, the head of the organization must request a written explanation from him. When imposing a disciplinary sanction, one should take into account the severity of the misconduct committed, the circumstances under which it was committed, the degree of guilt of the employee, previous work and his behavior.

A disciplinary sanction is applied immediately after the discovery of a violation of labor protection requirements, but no later than one month from the date of its discovery, not counting the time the employee was ill or on vacation. After 6 months from the date of the misconduct, the application of a disciplinary sanction is not allowed, except for the cases specified in this article. Only one disciplinary sanction may be applied for each misconduct. A disciplinary sanction may be appealed to the state labor inspectorate or to a commission on labor disputes, and if it has not been established, to a court.

The heads of the organization, their deputies are subject to disciplinary liability in the manner prescribed by Art. 195 TK. Based on the content of this article, trade unions or other representative bodies of employees authorized to monitor compliance with laws and other regulatory legal acts on labor protection, the terms of a collective agreement, agreements, have the right to submit an application to the employer indicating violations of the law and other regulatory legal acts containing requirements on labor protection, allowed by the head of the organization (his deputies).

The employer must, within a week, consider the application of the representative body of employees about the violation by the head of the organization, his deputies of laws and other regulatory legal acts on labor protection, the terms of the collective agreement, agreement and report the results of the consideration to the representative body of employees.

For committed offenses, the employer is obliged to apply a disciplinary sanction to the head of the organization, his deputies, up to and including dismissal.

3. Administrative responsibility. Persons exercising organizational and administrative functions, and other employees responsible for ensuring compliance with labor protection requirements in an organization who have committed administrative offenses in the field of labor protection, are subject to administrative liability.

Administrative responsibility is a measure of state coercion in the form of an administrative punishment for committing an administrative offense - an unlawful, guilty action (inaction) used to prevent the commission of new offenses both by the offender himself and by other persons (clause 1, article 3.1 of the Code of Administrative Offenses). The right to bring to administrative responsibility, as indicated in the commentary to Art. 20 of the Federal Law "On the Fundamentals of Occupational Safety in the Russian Federation", the bodies of state supervision and control over compliance with labor legislation and rules for the safe conduct of work in certain industries and facilities are vested.

The subjects of such responsibility can be both the heads of organizations and other employees who, by virtue of their official position or by special order of the head, are entrusted with the duty to ensure compliance with labor protection requirements, as well as persons who carry out entrepreneurial activity without forming a legal entity.

Violation of labor protection requirements by these persons can be expressed both in violation of the established rules by their own actions, and in giving instructions to subordinates that are contrary to the rules (instructions) on labor protection, as well as in failure to take measures to ensure compliance with the rules by their subordinates, if the provision compliance with these rules is part of their official duties.

Thus, both the direct organizer of the work (foreman, head of the site) and persons responsible for ensuring labor safety (head of the workshop, Chief Engineer organizations), or both.

On the subjective side, a violation of labor protection legislation can be committed both intentionally and through negligence.

Violation of labor legislation and labor protection in accordance with Art. 5.27 of the Code of Administrative Offenses entails the imposition of an administrative fine on officials in the amount of from five to fifty times the minimum wage. In addition to the administrative fine Art. 3.2 of the Code of Administrative Offenses provides the new kind administrative punishment - disqualification.

An administrative fine may be imposed by: the chief state labor inspector of the Russian Federation and his deputies; chief state legal labor inspector of the Russian Federation; the chief state inspector of the Russian Federation for labor protection and other officials of the federal labor inspectorate and state labor inspectorates. An administrative penalty in the form of disqualification is appointed by the judge.

Disqualification for a period of one to three years is applied for violation of labor legislation and labor protection to persons previously subjected to administrative punishment for a similar administrative offense.

Disqualification consists in depriving an individual of the right to occupy leadership positions in the executive body of the legal entity, to be a member of the board of directors (supervisory board), to carry out entrepreneurial activities to manage the legal entity, as well as to manage the legal entity in other cases provided for by the legislation of the Russian Federation.

Administrative responsibility, which is brought to bear by officials of the federal labor inspectorate and state labor inspectorates subordinate to it, is also established for the avoidance of the employer or the person representing him from participating in negotiations on the conclusion of a collective agreement, agreement or for violating the established term for their conclusion (Art. 5.28 of the Code of Administrative Offenses); failure to provide information necessary for conducting collective bargaining and monitoring compliance with a collective agreement, agreement (Article 5.29 of the Code of Administrative Offenses); unreasonable refusal to conclude a collective agreement, agreement (Article 5.30 of the Code of Administrative Offenses); violation or failure to fulfill obligations under a collective agreement, agreement (Article 5.31 of the Code of Administrative Offenses); for the refusal of the employer to hire a disabled person within the established quota (part 1 of article 5.42 of the Code of Administrative Offenses); concealment by the insured insured event with compulsory insurance against accidents at work and occupational diseases(Article 5.44 of the Code of Administrative Offenses).

For the commission of these offenses, an administrative fine is imposed, expressed as a multiple of the minimum wage.

Administrative liability for violation of industrial safety requirements or conditions of licenses for the implementation of activities in the field of hazardous industrial safety production facilities and the subjects of such responsibility are provided for by Art. 9.1 and Art. 11.20 Administrative Code.

Consider cases of these offenses in accordance with Art. 23.31 of the Code of Administrative Offenses has the right: the head of the Gosgortekhnadzor of Russia; heads of departments and districts of state mining and industrial supervision, their deputies and other officials specified in this article.

Administrative liability for violation of the rules for the use of atomic energy and the procedure for accounting for nuclear materials and radioactive substances, as well as failure to ensure control over compliance with their storage and use, is established by Art. 9.6 of the Code of Administrative Offenses. Cases on responsibility for the named offenses according to Art. 23.33 of the Code of Administrative Offenses are considered by the head of Gosatomnadzor of Russia, his deputies, heads of territorial bodies of Gosatomnadzor of Russia, their deputies and other officials specified in this article.

Measures of state coercion in the form of administrative punishment are also provided for many other administrative offenses, for example, for commissioning fuel and energy-consuming facilities without the permission of the authorities exercising state supervision at these facilities (Article 9.9 of the Code of Administrative Offenses); for violation of the rules for the use of fuel and energy, the rules for the construction, operation of energy-consuming installations, heating networks, storage facilities, maintenance, sale and transportation of energy carriers, fuel and products of its processing (Article 9.11 of the Code of Administrative Offenses), etc.

Cases of these administrative offenses on behalf of the state energy supervision bodies in accordance with Art. 23.30 of the Code of Administrative Offenses are considered:

Chief State Inspector of the Russian Federation for Energy Supervision and his Deputy;

Senior state inspectors for energy supervision;

State inspectors for energy supervision.

Administrative responsibility in the sphere of labor is also established for violation by organizations of sanitary and hygienic and sanitary and anti-epidemiological norms and rules, violation of sanitary and epidemiological requirements for the operation of public premises, buildings, structures and transport (Articles 6.3, 6.4 of the Code of Administrative Offenses).

Consider cases of these offenses on behalf of the state sanitary and epidemiological service of the Russian Federation in accordance with Art. 23.13 of the Code of Administrative Offenses has the right:

Chief State Sanitary Doctor of the Russian Federation, his deputies;

Chief state sanitary doctors of the subjects of the Russian Federation, their deputies;

Chief state sanitary doctors in transport (water, air), their deputies;

Chief state sanitary doctors of cities, districts;

Chief state sanitary doctors of the federal executive bodies authorized for railway transport, in the field of defense, internal affairs, security, border service, justice, and their deputies - on administrative offenses committed at railway transport, defense and other special purpose facilities.

Initiation of administrative proceedings and bringing to administrative responsibility of employers and persons performing organizational and administrative functions are carried out in accordance with the requirements of the Code of Administrative Offenses (see Chapters 28 - 30 of the Code of Administrative Offenses).

4. Criminal liability consists in the fact that a person guilty of a crime must be punished - a measure of state coercion, appointed by a court decision, which consists in depriving or restricting his rights and freedoms.

Initiation of a criminal case on the fact of violation of labor protection requirements is carried out by a prosecutor or a judge if there is a reason and grounds.

In practice, the reason and grounds for initiating criminal cases by the prosecutor are the materials of the supervisory and control bodies on violations of labor protection requirements received by the prosecution authorities, the direct detection by the prosecutor of violations of labor protection requirements containing signs of a crime, materials on industrial accidents sent by employers to the prosecutor's office. without fail, etc.

The types of punishments for violations of labor protection requirements, containing all the signs of a crime, are enshrined in the Criminal Code of the Russian Federation. So, for violation of safety rules or other labor protection rules committed by a person who was responsible for observing these rules, if this negligently entailed the infliction of grievous harm to human health, in accordance with Art. 143 of the Criminal Code is punishable by a fine in the amount of two hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to 18 months, or by corrective labor for a term of up to 2 years, or by deprivation of liberty for a term of up to one year. The same acts that negligently caused the death of a person are punishable by imprisonment for a term of up to three years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

The subjects of the crime provided for in this article can be both persons who, by virtue of their official position or by special order, are directly entrusted with the duty to ensure compliance with labor protection rules in a certain area of work, as well as heads of organizations, their deputies, chief engineers, chief specialists of enterprises if they did not take measures to eliminate the violation of labor protection rules known to them, or gave instructions that contradicted these rules, or, taking direct leadership certain types works, did not enforce the same rules.

The Criminal Code also provides for liability for violation of safety rules at nuclear facilities (Article 215 of the Criminal Code); termination or limitation of the supply of electrical energy or disconnection from other sources of life support (Article 215.1 of the Criminal Code); violation of safety rules when conducting mining, construction or other works (Article 216 of the Criminal Code); safety rules for explosive objects (Article 217 of the Criminal Code); rules for accounting, storage, transportation and use of explosive, flammable substances and pyrotechnic products (Article 218 of the Criminal Code); violation of fire safety rules (Article 219 of the Criminal Code).

The subjects of these crimes can be both heads of organizations and other employees who are entrusted with the duty to ensure compliance with safety rules, and persons who are obliged to comply with these rules.

For violation of labor protection requirements and safety rules, the persons guilty of this are subject to criminal liability, regardless of the organizational and legal forms of the enterprises in which they work.

Along with the considered types of responsibility of managers and other officials for violation of labor law, including legislation on labor protection, art. 419 of the Labor Code also provides for the civil liability of these persons. However, the current legislation does not establish such liability, which provides for certain measures of state coercion, for the specified offense.

Managers and specialists, employees guilty of violating legislative and other normative acts on labor protection, in failure to fulfill the obligations (measures) of the labor protection section of the collective agreement, are subject to administrative, disciplinary and criminal liability in the manner established by the legislation of the Russian Federation.

A responsibility:

1. Disciplinary. A disciplinary offense is a failure to fulfill or improper fulfillment of labor obligations imposed on an employee. The employer has the right to apply the following types of disciplinary violations:

Comment

Rebuke

Dismissal

It is not allowed to apply disciplinary sanctions not provided for by the code. There is a procedure for applying a disciplinary sanction: the employer requires an explanation in writing, in case of refusal, an appropriate act is drawn up in front of witnesses. A disciplinary sanction is applied no later than 1 month after the discovery of a disciplinary offense, not counting the illness of the employee, the time necessary to take into account the opinion of the representative body of employees, vacation. A disciplinary sanction cannot be applied later than 6 months from the day the misconduct was committed, and in case of revision - no later than 2 years from the day it was committed. Only one disciplinary sanction may be applied for each misconduct. It is applied in the form of an order, and presented to the employee against signature within 3 days from the date of collection. Can be appealed to the state labor inspectorate or in court. The charge is valid for 1 year.

2. Administrative. The basis and scope of administrative liability for violation of the requirements of labor protection regulations are defined in the Code of Administrative Offenses dated December 30, 2001, No. 195-FZ (as amended).

Administrative fees include:

1. warning - a measure of an administrative penalty, expressed in the censure of an individual. Issued with writing

2. administrative fine (monetary penalty)

3. disqualification - deprivation of the right of an individual to hold senior positions in the executive management body of a legal entity.

Supervisory authorities are involved in administrative responsibility, the employer, managers, officials and employees responsible for the state of labor protection are involved. Article 5.27 of the Code of Administrative Offenses of the Russian Federation "Violation of the legislation on labor and labor protection" part 1: violation of the legislation on labor and labor protection entails a violation of an administrative fine for officials in the amount of 1,000 to 5,000 rubles, for legal entities from 30,000 to 50,000 or administrative suspension of activities for up to 90 days. As amended by the Federal Law of May 9, 2005 No. 45, of April 20, 2007 No. 54, of 96.22.2002. Part 2: Violation of labor legislation on OT of those previously subjected to an administrative violation leads to disqualification for a period of 1 to 3 years.

Article 5.44 "Concealment of an insured event". Concealment by policyholders of the occurrence of an insured event, with compulsory insurance against accidents at work and occupational diseases, entails the imposition of an administrative fine: on citizens from 300 to 500 rubles, on officials from 500 to 1000 rubles, on legal entities from 5000 to 10000 rubles.

3. Criminal liability. Coming for commit individual a crime provided for by the Criminal Code of the Russian Federation (dated June 13, 1996, No. 63-FZ). A crime is a guilty socially dangerous act prohibited by this Code under the threat of punishment.

Chapter 19 "Crimes against the constitutional rights and freedoms of man and citizen." Article 143 of the Criminal Code of the Russian Federation. Part 1: Violation of safety rules or other labor protection rules committed by a person, but who is obliged to comply with these rules, if this led to the infliction of grievous harm, is punishable by: a fine in the amount of up to 200,000 rubles, or in the amount of salary or other income convicted for a period of up to 18 months, or by corrective labor for a term of up to 2 years, or by deprivation of liberty for a term of up to 1 year. Part 2: The same act that negligently caused the death of a person is punishable by imprisonment for up to 3 years with or without deprivation of the right to hold certain positions or engage in certain activities for up to 3 years.

Analysis of working conditions

When analyzing working conditions, the following methods are used:

1. Topographic method. The essence of this method is to study the causes of an accident at the scene.

2. Monographic method. Includes a detailed study of the entire complex of conditions under which an accident occurred (and technological process, and the work of the main and additional equipment, and the use of PPE and VCS).

3. Economic method. Includes calculation of economic losses from injuries.

4. Statistical. To build the hazard function of the “man-machine” system, it is necessary to determine the quantitative value of the risk, i.e. expected losses. For this, it is possible to use methods based on the analysis of statistical incidents and the analysis of the functioning of the “man-machine” system. Statistical indicators:

K Ch (Purity factor) \u003d (T / P) * 1000, where T is the number of HC, P is the number of employees.

K T \u003d D / T, where: D - the number of days of disability, T - the number of injuries. In the above formula, the severity coefficient does not reflect the actual severity of accidents, because the calculation does not take into account cases whose disability did not end in the reporting period, and this indicator does not take into account losses associated with the complete departure of the dead from the labor process, therefore, when statistical method the disability coefficient is used:

K N (Disability rate) \u003d K H * K T.

The individual risk (expected losses) of any i-th incident can be written as:

Ri=Pi(K H /1000)*K T;

Рi is the probability of i-incident realization.

For quantification Pi use the incident tree hazard analysis method. Incident tree is a model of an incident that includes a specific head incident, associated with the help of logical expressions with intermediate or initial prerequisites that collectively determined its occurrence.

Tree construction algorithm:

1. Establish a potential incident that will be the head event in the tree.

2. Set events (failures, errors) that can lead to this incident.

3. Detected events are indicated by circles and placed above the head event.

4. Connect high-level events to the lower-level event or events using the logical signs "AND" and "OR".

5. Set events, which in turn trigger each of the top-level events.

6. Events in the form of circles are recorded above the previous level, connecting events - causes with their events - consequences using the logical elements "AND" and "OR".

7. Repeat steps 5 and 6 until the level of basic events is reached, i.e. events that occur spontaneously, for no reason visible to a person.

Logical elements of the incident tree

Criminal liability for violation of labor protection requirementscharacterized by ambiguous law enforcement practice. But a delinquent employer always has a chance of an acquittal by the court - let's study possible conditions such an outcome of the litigation, as well as what procedures may precede this.

When does the criminal liability for violations in the field of labor protection begin?

Criminal liability for violation of labor legislation in terms of fulfilling labor protection requirements occurs if (Article 143 of the Criminal Code of the Russian Federation):

1. The employer violated the requirements of labor protection.

Such requirements can be established by both federal and regional regulations in different status (law, by-law, industry standard).

2. Requirements for labor protection are violated by the person who is responsible for their observance.

3. Violation of labor protection requirements resulted in:

to causing grievous harm to human health (in accordance with paragraph 4 of the Rules approved by Decree of the Government of Russia dated August 17, 2007 No. 522);
death of a person.

If the violation of labor protection standards has led to the infliction of serious harm to human health, then the guilty person is punished (the specific measure of punishment is established by the court):

a fine of up to 400 thousand rubles. or up to the amount corresponding to the salary for 18 months;
compulsory work lasting 180-240 hours;
correctional labor for up to 2 years;
forced labor for up to 1 year;
imprisonment for up to 1 year with or without disqualification up to 1 year.

If the violation resulted in the death of a person, then the perpetrator is punished with forced labor or imprisonment for up to 4 years with or without disqualification up to 3 years.

If the violation resulted in the death of 2 or more people, then the guilty person is punished with imprisonment for up to 4 years with disqualification up to 3 years or without it.

What is the general procedure for applying Article 143 of the Criminal Code of the Russian Federation?

Application by law enforcement and judicial authorities of the norms of Art. 143 of the Criminal Code of the Russian Federation in practice involves the following procedures:

qualification of the offense (separation from other crimes or making a decision on the assessment of the actions of the suspected person on the basis of the totality of offenses);
identification of victims;
identification of suspects;
determination of the elements of the crime;
determining the measure of punishment or establishing grounds for the release of the accused from criminal liability.

At the same time, in law enforcement practice, it is difficult to find generally accepted and universal approaches and principles for carrying out the 5 indicated procedures. This is largely due to the fact that the provisions of Art. 143 of the Criminal Code of the Russian Federation are actually superficial. Their application requires parallel consideration of the provisions of other articles of the Criminal Code of the Russian Federation, federal laws, as well as facts from law enforcement practice.

Let's try, based on various corresponding norms and precedents, to establish what logic can be guided by a law enforcement agency, court or other interested party when conducting criminal cases related to violations of labor protection.

First of all, in order to give an adequate assessment of the act of the suspect under Art. 143 of the Criminal Code of the Russian Federation, the law enforcement agency must correctly qualify this act.

How is a violation of labor legislation qualified under Article 143 of the Criminal Code of the Russian Federation?

One of the most common methods of qualifying crimes among lawyers is the method of exclusion. In this case, this method assumes that the act can be qualified under Art. 143 of the Criminal Code of the Russian Federation, if it does not correspond to the signs characterizing, in particular:

negligence (signs and penalties for it are determined by article 293 of the Criminal Code of the Russian Federation);
abuse of power (Article 285 of the Criminal Code of the Russian Federation);
violation of security at the enterprise (Article 216 of the Criminal Code of the Russian Federation);
causing grievous bodily harm through negligence (Article 118 of the Criminal Code of the Russian Federation);
depriving a person of life through negligence (Article 109 of the Criminal Code of the Russian Federation).

Qualification of the act under Art. 143 of the Criminal Code of the Russian Federation and any other (one or more) at the same time, if they compete with each other, is unacceptable (decision of the Kirovsky District Court of Irkutsk dated July 14, 2011 in case No. 1-266 / 2011).

Moreover, if the choice is between a general and a special norm of the Criminal Code of the Russian Federation, then when qualifying acts, one should choose the second one (clause 3, article 17 of the Criminal Code of the Russian Federation). Thus, violation of labor protection standards can be the result of abuse of authority. Therefore, in the competition of norms under Art. 285 and 143 of the Criminal Code of the Russian Federation, the qualification of the act will be carried out under Art. 143 of the Criminal Code of the Russian Federation.

Offenses in the field of labor protection should be fundamentally distinguished from other criminal acts of the employer, which may manifest themselves in the course of labor relations. Among them, for example, the illegal circulation of personal data of an employee.

Related violations in labor relations: disclosure of personal data

The Criminal Code of the Russian Federation contains several articles at once that establish criminal liability for the disclosure of personal data of employees by employers. Among them:

1. Art. 137, establishing penalties for interference with privacy.

For unauthorized collection and dissemination of any data about an employee, an official of the employer may be (if the use of his official position is proved):

fined 100-300 thousand rubles (or the amount of income for 1-2 years);
disqualified for 2-5 years;
forced to work for up to 4 years (possibly with disqualification up to 5 years);
arrested for 6 months;
imprisoned for up to 4 years with disqualification up to 5 years.

2. Art. 272 of the Criminal Code of the Russian Federation, which establishes penalties for illegal access to files.

Among them are those that contain the personal data of the employee. If the employer obtained access to them using his official position and this led to blocking, deletion, copying or changing the information, then by a court decision he can be:

fined up to 500 thousand rubles. (or salary for 3 years) and disqualified for up to 3 years;
restricted in liberty for up to 4 years;
forced to work or imprisoned for up to 5 years.

The law enforcement agency has the right to charge the employer for actions qualified by the totality of acts, which are provided for by the specified norms of the Criminal Code of the Russian Federation and Art. 143 of the Criminal Code of the Russian Federation.

However, in many cases, the issue is to detect signs of an offense that are characteristic only of the acts provided for in Art. 143 of the Criminal Code of the Russian Federation. Let's study them.

What are the signs of an act under Article 143 of the Criminal Code of the Russian Federation?

To the typical signs of an act that is legitimately qualified strictly according to Art. 143 of the Criminal Code of the Russian Federation, can be attributed:

1. The commission of an act by an entity that is only obliged to comply with labor protection requirements, and not develop and implement them at the enterprise.

On the contrary, the fact of negligence under Art. 293 of the Criminal Code of the Russian Federation. For example, if the head of the department was obliged to instruct the subordinate on safety, but did not do this, after which the subordinate was injured.

2. The presence of the injured person on the territory of the employer or the performance of labor functions by this person at the time of the incident.

If the injured person is not an employee, then the act of the suspected person can be qualified as a violation of safety at the enterprise under Art. 216 of the Criminal Code of the Russian Federation.

3. The presence of the subject who committed the act that led to the incident, obligations to comply with labor protection standards.

If there are no such obligations, then the act of the person suspected of committing the actions that led to the incident can be qualified under Art. 109 and 118 of the Criminal Code of the Russian Federation.

Who is recognized as a victim under Article 143 of the Criminal Code of the Russian Federation?

In all cases, the person performing the labor function at the time of the incident. The fact that the injured person performs the labor function is established:

1. Always when the injured person at the time of the incident was performing a labor function under a valid employment contract.

Here everything is clear and indisputable: responsible person who committed the act, as a result of which a person suffered, is punished (in the absence of other grounds to believe otherwise) under Art. 143 of the Criminal Code of the Russian Federation, since the victim was his colleague at work.

2. If at the time of the incident the victim (ruling of the Constitutional Court of the Russian Federation dated May 19, 2009 No. 597-О-О):

performed work under a civil law contract;
performed the work without signing any contract.

However, in both cases, the condition must be met: the actions of the injured person at the time of the incident must have signs that characterize the employment relationship. Such signs include, for example:

an agreement between the injured person and the employer on the consent of the first to carry out the orders of the second at a certain time and place (that is, during working hours on the territory of the enterprise);
the consent of the injured person to comply with the internal regulations of the employer;
receipt by the injured person of payments on a regular basis.

In turn, when qualifying an act under Art. 143 of the Criminal Code of the Russian Federation, the status of the suspect is also important.

Who is recognized as a suspect in violation of labor protection standards?

It is recognized as such:

1. A person who has an employment contract with an employer with whom, in turn, the victim at the time of the incident was in labor relations(or equated to labor in accordance with the criteria we have considered above).

A suspected person may hold a position (clause 3 of the resolution of the plenum of the RF Armed Forces dated April 23, 1991 No. 1):

head of the company, deputy;
chief engineer;
chief specialist.

In addition, any employee who, due to his official position, is assigned (by contract or by virtue of the employer's local standard) the obligation to ensure the requirements in the field of labor protection at a particular work site, can be recognized as a suspect.

The status of a suspect for an act under Art. 143 of the Criminal Code of the Russian Federation, a person who meets any of the specified criteria can receive if he:

did not take the measures necessary to eliminate the violation of labor protection requirements known to them;
gave instructions, the implementation of which implies a violation of labor protection requirements;
supervised the work, while not ensuring compliance with labor protection requirements.

2. A person responsible for labor protection and working for an individual entrepreneur who has a staff of more than 50 people (and in accordance with Article 417 of the Labor Code of the Russian Federation is obliged to establish a labor protection service in the company).

3. An individual entrepreneur with a staff of no more than 50 people, who is obliged to independently ensure labor safety (Article 22 of the Labor Code of the Russian Federation).

In addition, any suspected person must be of sound mind and have reached the age at which criminal prosecution is possible (Article 19 of the Criminal Code of the Russian Federation).

The legal status of a suspected person: establishment and significance in qualifying an act

Next important point law enforcement practice under Art. 143 of the Criminal Code of the Russian Federation - definition legal status suspect person.

We found out that when qualifying an act under Art. 143 of the Criminal Code of the Russian Federation, it does not matter which contract was in force at the time of the incident between the victim and his employer (as well as whether such an agreement was in effect at all). It is also legitimate to say that the characteristics of the organizational and legal form of the employer do not matter. It can be an individual entrepreneur, a legal entity, or even an individual who is not registered as an individual entrepreneur. The act of the employer (in the person of a responsible employee or an individual employer with a staff of less than 50 people as a priori responsible) is qualified under Art. 143 of the Criminal Code of the Russian Federation.

However, if law enforcement agencies establish that for one reason or another such conditions could not have arisen under which the suspect could be assigned obligations to comply with labor protection standards, then the qualification of his act will be different.

For example, if it turns out that the employer was engaged in illegal business activities (as an individual who hires people unofficially and does not pay taxes), then in this case, obviously, no one can be assigned the obligation to comply with labor protection standards. The actions of the suspect that led to the incidents can already be qualified under Art. 109 and 118 of the Criminal Code of the Russian Federation. In addition, sanctions will be imposed on the employer of the injured person under Art. 171 of the Criminal Code of the Russian Federation.

When establishing all these signs of a crime, the law enforcement agency needs to determine whether its composition takes place.

How is the corpus delicti established under Article 143 of the Criminal Code of the Russian Federation?

The fact of committing an act under Art. 143 of the Criminal Code of the Russian Federation is established if:

1. There is a proven causal relationship between the actions of the suspect and the occurrence of the circumstances that led to the incident.

The fact of the absence of such communication can be established if, for example, it turned out that the incident was related to a technical failure of the equipment, and not to the lack of instruction on its safe use.

2. There is no reason to believe that the incident, despite the fulfillment by the suspected person of labor protection requirements, would still have occurred.

So, it may turn out that the responsible employee fully provided colleagues with personal protective equipment (PPE) and instructed them in their use, but colleagues, due to their own negligence, neglected the use of PPE, as a result of which they were injured.

3. There is no reason to believe that the incident was not related to the fact that the suspected person violated security rules.

Example: an employee on chemical production PPE against hazardous substances was not issued, and he was injured due to a fall from a height due to his own negligence.

4. There is no reason to believe that the suspected person, for objective reasons, could not comply with labor protection requirements.

Example: a responsible person agrees with a new employee on the need to attend a briefing, but he does not come there, but is sent immediately to workplace and gets injured.

5. There is no reason to believe that the suspect did everything in his power to avoid the incident.

Example: the boss removes a drunk subordinate from work, but he, not obeying the order, goes to work and gets injured there.

How is punishment imposed under Article 143 of the Criminal Code of the Russian Federation?

And another important point of law enforcement practice is the determination of the punishment for the guilty party under Art. 143 of the Criminal Code of the Russian Federation.

This procedure is characterized by extremely low unification at all levels of the judicial system of the Russian Federation. But if we consider individual precedents, we can find that:

1. The most likely lenient punishment of those provided for in Art. 143 of the Criminal Code of the Russian Federation - in the form of compulsory work - can be applied to the guilty person if he contributes to the disclosure of the crime (decree of the Presidium of the Tula Regional Court dated April 29, 2014 in case No. 44u-70 / 14).

2. When establishing 2 or more perpetrators of the same crime, it is possible to apply separate penalties that differ significantly in severity to each of them (verdict of the Rudnichny District Court of the city of Kemerovo dated 05/10/2012 in case No. 10-3 / 2012) .

3. It is quite possible to apply - on the basis of Art. 64 of the Criminal Code of the Russian Federation - a more lenient punishment in comparison with that prescribed in Art. 143 of the Criminal Code of the Russian Federation. For example, based on the personality characteristics of the defendant, the degree of public danger of his act (the verdict of the Stary Oskol City Court of the Belgorod Region dated July 11, 2014 in case No. 1-199 / 2014).

It is absolutely not excluded that the court or law enforcement agencies will find grounds for the release of the accused person under Art. 143 of the Criminal Code of the Russian Federation from punishment.

In what cases is exemption from punishment carried out?

As a rule, this is due to:

1. With the victim's initiative for reconciliation (in accordance with Article 76 of the Criminal Code of the Russian Federation).

The circumstances here can be very different: friendship between the victim and the victim, the second benefit from the non-prosecution of the first (for example, in the form of the opportunity to work for this employer in a highly paid job), other personal reasons.

2. Due to the active repentance of the victim (on the basis of Article 75 of the Criminal Code of the Russian Federation).

The application of such a basis is possible if the employer has committed a crime under Art. 143 of the Criminal Code of the Russian Federation for the first time. In this case, the damage caused to the injured party must be compensated or compensated in another way, which is recognized by the court as sufficient.

3. Sometimes - with the expiration of the statute of limitations for the offense (in accordance with Article 78 of the Criminal Code of the Russian Federation).

Such facts may be related to the need for a resource-intensive investigation (for example, requiring law enforcement long trips by helicopter to a remote locality) on incidents with a non-informative evidence base.

The court may take into account the personality characteristics of the accused person, his social role. For example, if the perpetrator performs the functions of a leader large enterprise, then in order to maintain the stability of the work of a firm that creates a large number of jobs in the region, its director (if there are legal grounds) may be acquitted.

Results

Criminal liability for violations of labor protection standards is established by the provisions of Art. 143 of the Criminal Code of the Russian Federation. Law enforcement practice under this article is ambiguous. The key tasks of law enforcement agencies and courts in conducting cases on it are the correct qualification of a crime (taking into account the presence of articles on similar offenses in the Criminal Code of the Russian Federation), establishing the status of victims and the circle of suspects based on their work duties, and determining the elements of a crime. Courts can reduce punishment for violations in the field of labor protection or acquit defendants for assisting the investigation and taking into account the characteristics of the defendants' personalities.

You can learn more about the application of criminal law in corporate legal relations in the following articles:

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