Sample of induction training for third-party organizations and subcontractors. Conducting labor safety briefings for the contractor’s employees by the customer. Initial briefing for contractors.

In a contractual relationship, who is responsible for providing health and safety instructions to workers? Should the customer provide any training to the contractor's employees, or can the contract provide for the condition that the training must be carried out by the contractor (does this generally relate to private law or is it public law that regulates the fulfillment of such an obligation)?

Answer

Citizens who work under a civil law contract are generally not required to undergo labor safety training. Since they are not subject to labor and labor protection legislation, including the requirement to conduct mandatory training. At the same time, if citizens, under civil contracts, carry out work on the territory of the customer organization, they need to undergo induction training (clause 2.1.2 of the Procedure approved by Resolution of the Ministry of Labor of Russia No. 1 of January 13, 2003, Ministry of Education of Russia No. 29) . The customer does not provide other types of instruction to such persons.

The contract may indicate that the contractor is responsible for implementing the necessary labor protection measures and for the safe performance of work.

In this case, you can be guided by:

 GOST 12.0.230-2007 “SSBT. Occupational safety management systems. General requirements”, put into effect by order of Rostechregulirovanie dated July 10, 2007 No. 169-st;

 Rules on labor protection in construction, approved. by order of the Ministry of Labor of Russia dated June 1, 2015 No. 336n.

For more details on this, see the materials in the justification.

The rationale for this position is given below in the materials of the “Occupational Safety and Health System” .

“If an organization engages contractors in its work, it must take a number of measures to ensure that contractors and their employees comply with labor safety requirements. For this:

 when choosing a contractor, establish a mandatory requirement - compliance with labor safety requirements;

 Require contractors to report all employee incidents (injuries, illnesses and contractor incidents);

 familiarize the contractor's employees with the dangers in the workplace, give them an introductory briefing, check the availability of certificates of completion of training in labor safety and to perform specific work;

 monitor compliance with labor safety requirements by the contractor at the organization’s site*.

These requirements are specified in paragraph 4.10.5.2 of GOST 12.0.230-2007 “SSBT. Occupational safety management systems. General requirements".

If all these measures are completed in full, the customer is not responsible for a possible accident.

How to establish labor protection requirements in an agreement with a contractor

To ensure labor safety on the territory of the organization, as well as to delimit responsibility for work safety, add a separate section to the contract agreement. It can be called “Labor safety when performing work.”

Example: Sample design of the section “Labor safety when performing work”

The Contractor is responsible for implementing the necessary labor protection measures and for the safe execution of work.

The contractor submits to the customer (general contractor, if we are talking about a subcontract agreement) orders for the appointment of persons responsible*:

 for ensuring labor safety;

 for working at height;

 for fire safety;

 for electrical safety;

 for issuing work permits.

The Contractor is obliged to designate a person responsible for the safe connection of the power tool.

To perform the work, the contractor must:

 involve only qualified and trained workers in labor protection;

 provide workers with special clothing, safety footwear, safety helmets, mounting belts and other means of individual and collective protection;

 conduct fire safety training for employees.

The Contractor is obliged to ensure that household premises are used for their intended purpose, to exclude cases of living in them and storing material assets, and not to use electric heating devices.

The contractor is liable in accordance with the legislation of the Russian Federation for violation of fire safety requirements, and also compensates for damage caused to the customer (general contractor) as a result of a fire caused by his fault.

The customer is obliged:

 inform the contractor about the dangers at the site and measures to prevent them;

 conduct introductory training before starting work;

 methodically monitor compliance with labor safety requirements by the contractor.

If the contractor violates the requirements of this section, the customer reserves the right:

 suspend the contractor's work until the violations are completely eliminated;

 immediately terminate the contract unilaterally in accordance with the terms of the contract in the event of repeated violations of regulatory labor protection requirements during the production of work.

Who is responsible for labor protection under a subcontract agreement?

The contractor has the right to involve other persons - subcontractors - in the fulfillment of his obligations, unless this is expressly prohibited by law or contract (Article 706 of the Civil Code of the Russian Federation). If a contractor enters into civil contracts with hired workers, then these are also subcontracts.

In this case, the general contractor bears responsibility for non-fulfillment or improper fulfillment by the customer of obligations under the contract to the subcontractor.

The customer is responsible for compliance with labor safety requirements only to the contractor. And the contractor and subcontractors interact with each other in terms of labor protection in the same way as the customer and the general contractor.”

2. Article: Can the customer monitor compliance with labor safety requirements by the contractor?

“The customer can and must require the contractor to comply with labor safety standards and present the relevant documents, even if this is not specified in the contract. The grounds are:

 Art. 212 of the Labor Code of the Russian Federation;

 GOST 12.0.230-2007 “SSBT. Occupational safety management systems. General requirements”, put into effect by order of Rostechregulirovanie dated July 10, 2007 No. 169-st (hereinafter referred to as GOST 12.0.230-2007);

 Rules on labor protection in construction, approved. by order of the Ministry of Labor of Russia dated June 1, 2015 No. 336n (hereinafter referred to as Rules No. 336n);

 local acts of the customer on the procedure for admitting the contractor to work.

The customer must ensure the safety of not only the construction process, but also the operation of the equipment, as well as monitoring compliance with the requirements of Rules No. 336n.

Before the start of construction, the customer is required to issue an approval certificate for construction and installation work (clause 16 of Rule No. 336n). The form of the act is given in Appendix 1 to Rules No. 336n.

The main purpose of the approval certificate is to ensure the implementation of labor protection measures and coordination of the actions of the customer and contractor for the implementation of these measures (subclause 3 of clause 17 of Rules No. 336n). In the approval certificate, the customer is indicated as a representative of the developer (technical customer) operating the existing production facility.

The contractor organization carrying out construction work under a civil contract on the customer’s territory is the employer for its employees who perform work under this contract. And in the admission certificate she appears as a representative of the employer.

Example

Instead of “representative of the developer (technical customer) operating the existing production facility” indicate “representative of the customer operating (name of organization)” and so on.

Measures for the safety of work, specified in the approval certificate, are developed by the contracting organization (clauses 17, 18 of Rules No. 336n):

The customer has the right(clause 4.10.5.2 GOST 12.0.230-2007):

 include labor safety criteria in the procedures for assessing and selecting a contractor;

 methodically monitor compliance with labor safety requirements by the contractor at the organization’s site;

 ensure that the required procedures and occupational safety measures at the organization’s site will be carried out by the contractor.”

3. Situation: Is the Customer obligated to conduct labor safety training for the Contractor’s employees?

“The contract for the provision of services is a civil contract (contract).

Labor legislation and other acts containing labor law norms do not apply to persons working on the basis of civil contracts (Article 11 of the Labor Code of the Russian Federation). That is, the customer of the contract is not responsible for the safe working conditions of the Contractor.

However, it should be borne in mind that according to GOST 12.0.230-2007 “SSBT. Occupational safety management systems. General Requirements” (clause 4.10.5.2), an organization that engages contractors to perform a certain type of work must ensure that contractors carry out a number of labor safety measures.

These activities should include, inter alia, familiarization with the hazards of the workplaces of contractors and/or their employees, as well as their briefing at the workplace before starting work in order to ensure the safety and health of the contractor’s employees during the performance of work at the organization’s site (clause. item d)

In addition, it is necessary to methodically monitor the implementation of labor protection requirements in the contractor’s activities at the organization’s site and ensure that the contractor(s) comply with the required labor protection procedures and measures at the organization’s site (items e, f).

We draw your attention to the fact that the customer must ensure that initial training of workers is carried out and that the contractor implements the required labor protection procedures and measures at the organization’s site. That is, it is necessary by order to appoint a responsible person from organization A, who will supervise the initial briefing at the workplace of employees of organization B by the immediate supervisor of the cleaning company employees.

And then repeated briefings.

If the above measures are completed in full, then the customer is not responsible for a possible accident with an employee of organization B. Otherwise, when investigating the accident, act N-1 (clause 9) indicates the rules and regulations that were violated by the customer and his fault in percentage.

If an employee of organization A was injured due to the fault of an employee of organization B, then the question of who is to blame for this accident and who will be held responsible will be resolved during the investigation by an accident investigation commission created by order of the head of organization A (Article 229 of the Labor Code RF).

According to the Labor Code of the Russian Federation, the head of organization A is responsible for the safety in the workplace of an employee of organization A (Article 212 of the Labor Code of the Russian Federation).

In order to ensure labor safety on the territory of organization A, as well as to delimit responsibility for ensuring the safety of the work performed, it is advisable to include a separate article in the contract agreement (or draw up an additional agreement to the contract)*. It may be called “Labor safety when performing work” and include, for example, the following points:

1. The contractor (cleaning company) is responsible for implementing the necessary labor protection measures and for the safe performance of work.

2. The Contractor submits to the Customer (organization A) orders for the appointment of persons responsible for:

 ensuring labor protection;

 conducting initial and repeated briefings;

 fire safety;

 electrical safety.

3. The Contractor is obliged to identify responsible persons from among the specialists for connecting the power tool.

4. To perform the work, the Contractor is obliged to attract only qualified workers trained in labor protection, to allow only workers provided with special clothing, special footwear, and other personal equipment, as well as those who have undergone fire safety training, to carry out work.

5. The Contractor is responsible in accordance with the legislation of the Russian Federation for violation of fire safety requirements, and also compensates for damage caused to the Customer as a result of a fire that arose through his fault at the Facility.

6. The customer is obliged:

 inform the Contractor about the dangers at the Site and measures to prevent them;

 conduct induction training for the Contractor's employees in order to ensure the safety and health of workers;

 methodically monitor compliance with labor safety requirements in the Contractor's activities.

7. In case of violation by the Contractor of the requirements of this article, the Customer reserves the right:

 suspend the Contractor's work until the violations are completely eliminated;

 immediately terminate the contract unilaterally in accordance with the terms of the contract in the event of repeated violations (two or more) of regulatory labor protection requirements during the production of work.

Thus, the person appointed by order of the head of organization A must conduct induction training with employees of organization B.

Primary, repeated, unscheduled and targeted briefings must be carried out by the immediate supervisor of the work of employees of organization B (clause 7.6. GOST 12.0.004-90, clause 2.1.3. Procedure for training in labor protection, approved by the resolution of the Ministry of Labor of Russia and the Ministry of Education of Russia dated 13 January 2003 No. 1/29, clause 7.7.1.5 GOST R 12.0.007-2009.

However, it should be noted that the Procedure for training on labor protection and testing knowledge of labor protection requirements for employees of organizations (No. 1\29) regulates the following: “The specific procedure, conditions, terms and frequency of all types of briefings on labor protection for employees of individual industries and organizations are regulated by the relevant industry and cross-industry regulatory legal acts on occupational safety and health” (clause 2.1.8.).

If your industry (organization A) has industry-specific or inter-industry acts regulating the conduct of initial training of contractor employees by the heads of the Customer's departments and otherwise is not specified in contracts with Contractors, you must follow the instructions of these acts.

Regarding which organization should prepare workplaces for cleaning work, if this point is not specified in the contract, we inform you as follows. There are 2 options here:

1. Either this issue is verbally agreed upon by organization A with organization B, and then a corresponding order is issued by the head of organization A (which is presented to the head of organization B against signature).

2. Or an additional agreement to the contract is drawn up, which stipulates all the nuances.”

4. Article: Introductory briefing with contractors

"T shopping center - landlord. Our store is a tenant.
The shopping center contractor must carry out maintenance work on the center's utilities on the store's premises. He receives introductory instructions from the shopping center, and then, before carrying out work on the store’s premises, from us. That is, before starting work, the contractor receives two introductory briefings. Is the process organized correctly? Can we outsource the training function?
HR specialist for a furniture store chain, Khimki

The process is organized incorrectly; two introductory briefings should not be carried out. It is necessary to specify in the agreement between the landlord and the tenant which party should conduct induction training with the contractor.

note

Employees of third-party organizations performing work in the designated area undergo introductory training. It is carried out by an occupational safety specialist or an employee who is assigned these responsibilities by order of the employer (clause 2.1.2 of the Procedure for training in occupational safety and testing knowledge of occupational safety requirements for employees of organizations, approved by Resolution of the Ministry of Labor of Russia, Ministry of Education of Russia dated January 13, 2003 No. 1 /29 (hereinafter referred to as Order No. 1/29)).

The customer’s obligation to conduct induction training for contractor employees involved in work on its territory is established by Procedure No. 1/29. Even if you, as a customer, insist on including in the contract with the contractor a requirement that induction training be carried out by the contractor himself, it will be illegal*.

For failure to conduct induction training, the employer (in this case the customer) may be held administratively liable in accordance with Art. 5.27.1 “Violation of labor and labor protection legislation” of the Code of the Russian Federation on Administrative Offences.

An organization providing services in the field of labor protection must be accredited to perform the functions of a labor protection service or a labor protection specialist for an employer whose number of employees does not exceed 50 people.

From the order of the Ministry of Health and Social Development of Russia dated April 1, 2010 No. 205n “On approval of the list of services in the field of labor protection, the provision of which requires accreditation, and the Rules for the accreditation of organizations providing services in the field of labor protection”

As for outsourcing some of the labor safety functions, this is only possible for organizations with a staff of no more than 50 people.

If the number of employees in your store is 51 people or more, you do not have the right to enter into an outsourcing agreement for the provision of labor protection services. You must have a labor protection specialist on your staff (Article 217 of the Labor Code of the Russian Federation).”

On this issue we take the following position:
In order to avoid possible risks, induction training at the workplace for persons who are employees of a contracting organization must be carried out by the enterprise in whose territory they work. Such instruction is carried out by a labor protection specialist or an employee who is assigned these responsibilities by order of the employer (or a person authorized by him).

Justification for the position:
In accordance with the Labor Code of the Russian Federation, the employer is obliged to provide training in safe methods and techniques for performing work, training on labor protection, on-the-job training and testing of knowledge of labor protection requirements.
In turn, each employee is required to undergo training on labor protection (Labor Code of the Russian Federation, part one of the Labor Code of the Russian Federation). Labor safety training is carried out for all persons entering work, as well as for workers transferred to another job (part two of the Labor Code of the Russian Federation).
The Ministry of Labor of the Russian Federation and the Ministry of Education of the Russian Federation dated January 13, 2003 N 1/29 approved the procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations (hereinafter referred to as the Procedure).
In accordance with the Procedure, the following types of briefing are distinguished: introductory (clause 2.1.2 of the Procedure), primary (clause 2.1.4 of the Procedure), repeated (clause 2.1.5 of the Procedure), unscheduled (clause 2.1.6 of the Procedure), targeted (Clause 2.1.7 of the Procedure).
As follows from the above standards, induction training is carried out specifically in relation to the employee. An employee, by virtue of the Labor Code of the Russian Federation, is an individual who has entered into an employment relationship with an employer. Labor relations arise on the basis of an employment contract (Labor Code of the Russian Federation).
In this regard, we can conclude that the basis for conducting induction training at the workplace is precisely the conclusion of an employment contract with the employee. The Ministry of Labor of Russia adheres to a similar position (see letters of the Ministry of Labor of Russia dated 05.05.2017 N 15-2 / OOG-1277 and dated 30.09.2016 N 15-2 / OOG-3495).
At the same time, clause 2.1.2 of the Procedure stipulates that induction training is carried out with the following persons:
- all those hired;
- workers seconded to the organization;
- employees of third-party organizations performing work in a designated area;
- students of educational institutions of appropriate levels undergoing practical training in the organization;
- other persons participating in the production activities of the organization.
A similar list is contained in clause 8.6 of the Interstate Standard “System of Occupational Safety Standards. Organization of Occupational Safety Training. General Provisions” (hereinafter referred to as GOST). In accordance with paragraph 2 of clause 8.6 of GOST, if necessary, by decision of the head of the enterprise, induction training is also carried out for persons visiting the production units of the enterprise and (or) located in the territory and facilities controlled by the enterprise for other purposes.
As we can see, in accordance with clause 2.1.2 of the Procedure and clause 8.6 of GOST, the number of persons who undergo induction training includes not only employees of the organization, but also employees of third-party organizations performing work in the allocated area. Such instruction is carried out by a labor protection specialist or an employee who has been assigned these responsibilities by order of the employer (or a person authorized by him) (clause 2.1.2 of the Procedure).
At the same time, the Procedure does not clearly define which employer (the customer or the contractor (performer) of the work) is responsible for conducting induction training.
A semantic analysis of the content of paragraph 1 of clause 8.6 of GOST, which states that introductory briefing is carried out, including for persons sent to work at the enterprise - the organizer of the training or performing contract (subcontract) work on the territory and facilities controlled by the enterprise - the organizer of the training, allows us to do conclusion that the introductory briefing on labor protection is carried out by the organization to which the employee of another organization is sent or sent. However, it should be remembered that the provisions of GOST are advisory in nature (see the question and answer from the information portal of Rostrud "Online inspection. RF").
The explanations of Rostrud specialists on the question of who exactly is responsible for conducting introductory training on occupational safety with employees of third-party organizations are contradictory (see, for example, question-answer 1, question-answer 2, question-answer 3, question-answer 4 from the information portal "Onlineinspection.RF"
In judicial practice, a unified approach to resolving this issue has also not been developed. Thus, the Fourth Arbitration Court of Appeal, in its decision dated September 27, 2017 No. 04AP-4211/17, came to the conclusion that the customer does not have an obligation to provide training to contractor employees, since he is not the employer for such employees. At the same time, there is also a point of view in judicial practice that it is the customer who must provide instructions to employees of a third-party organization (see the decision of the Kyshtym City Court of the Chelyabinsk Region dated October 28, 2015 in case No. 12-82/2015).
Let us note that relationships under civil law contracts with contractors are regulated within the Russian Federation, and, accordingly, it is assumed that each of the parties (including its employees) fulfills its obligations at its own peril and risk and bears responsibility itself for the negative consequences that may arise during the execution of civil contracts. However, mistakes that a performer who does not have the necessary amount of knowledge may make while working can most likely cause harm not only to him personally, but also to an indefinite number of people who are in the area of ​​work of such a performer. Therefore, organizations on whose territory work is carried out should not ignore the requirements of the Procedure, including those related to conducting introductory training on labor protection. It is also necessary to remember that, for example, under a construction contract by virtue of the Civil Code of the Russian Federation, the customer is obliged to transfer to the contractor for use the buildings and structures necessary for the implementation of the work, to ensure the transportation of goods to his address, the temporary installation of power supply networks, water and steam pipelines and provide other services. At the same time, it is difficult to imagine the possibility of transferring these objects without relevant information about their features, operational characteristics, and rules for working with them. And this is already instruction. In addition, occupational safety training is primarily necessary to avoid accidents at work.
Thus, in our opinion, an organization should conduct introductory briefings on labor protection with all persons performing work or providing services in its interests on its territory, including employees of third-party (contractor) organizations. We emphasize that this position is our expert opinion. As can be seen from the text of the answer, regulatory and judicial authorities may take a different position on the question asked.

Prepared answer:
Expert of the Legal Consulting Service GARANT
Kamenshchikov Alexander

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Voronova Elena

The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.

Organization of work to ensure labor protection. 4.2. Organization of production areas, work areas and workplaces. 4.3. Operation of construction machines, vehicles, production equipment, mechanization, devices, equipment, hand-held machines and tools. 4.4. Transport and loading and unloading operations. 4.5. Safety requirements when performing electric welding and gas-flame work. 4.6. Terms and definitions for labor protection. 4.7. Certificate of approval for construction and installation work on the territory of a third-party organization. 4.8. Work permit for work in areas where hazardous or harmful factors are present. 4.9. A list of places (conditions) of production and types of work for which it is necessary to issue a work permit. 4.10. Boundaries of dangerous zones according to the influence of hazardous factors.

Training and development of personnel

The instructions are used: - to prevent violations of labor protection standards; — to identify persons guilty of violations of labor protection standards and those responsible for the violations committed; — to determine the persons responsible for cases of injuries and occupational diseases on the territory of the organization where the labor of contractors and subcontractors is used. 1. Information about the enterprise: The organization uses the labor of contractors and subcontractors, as well as individuals on the basis of concluded contracts. This instruction is an integral part of all contracts for the construction of a facility.

Familiarization against signature in the induction briefing log is carried out with the responsible producers of work of contracting (subcontracting) organizations and performers of work according to the list provided by these organizations. 2.

Training for employees of a third-party organization - who should conduct it?

Attention

Order of the Ministry of Health and Social Development of the Russian Federation dated January 1, 2001! No. 000 “On determining the severity of health damage in industrial accidents.” 8. Russia provides for strict measures of prosecutorial supervision over omissions in labor safety. Thus, in the instruction of the General Prosecutor's Office of the Russian Federation dated July 6, 2000 No. 000/7, the courts are guided by the application of additional punishment to the defendant in the form of deprivation of the right to hold a certain position or engage in certain activities.

The Prosecutor General ordered to increase the efficiency of prosecutorial supervision over the timeliness and legality of procedural decisions made, to immediately initiate criminal cases if a crime is evident and to ensure the prompt implementation of investigative actions. For each case of concealment from recording accidents at work, raise the question of bringing the perpetrators to justice. 9.

Introductory training on labor protection in 2 presentations!

Important

When combining work on one vertical, the lower places must be equipped with protective devices installed at a distance of no more than 6.0 m vertically. To allow workers to walk on a roof with a slope of more than 20°, as well as on a roof with a coating that is not designed to withstand the load from the weight of the worker, it is necessary to install ladders at least 0.3 m wide with transverse bars to rest their feet. Ladders must be secured. I Storage of materials, laying of transport routes, installation of supports for overhead power lines must be carried out within the limits of the soil collapse prism of loose excavations.

Materials must be mixed in specially designated areas, taking measures against spontaneous displacement. It is prohibited to store materials on bulk, uncompacted pounds.

Briefing for contractor's employees

Fire safety at the facility is organized in accordance with the technical regulations on fire safety requirements (Federal Law dated July 22, 2008), as well as instructions approved by the head of the enterprise. 10. Measures to provide first aid to the victim are set out in the introductory briefing instructions for full-time employees of the enterprise. Introductory training program on labor protection for enterprise employees and other construction participants involved as a contract or subcontract 1.

General information about the enterprise. 2. Labor protection requirements set out in the Labor Code of the Russian Federation and in the Federal Law “On the Fundamentals of Labor Safety in the Russian Federation”. 3. Requirements of the Occupational Safety Standards System (OSSS) and GOSTs for the safe conduct of construction and installation work. 4. Requirements of Building Codes and Rules for Occupational Safety in Construction, Part I, SNiP “General Requirements”.

Conducting induction training for contractor employees

Training Procedure N 1/29). Based on this wording, we can conclude that the customer organization is obliged to conduct introductory briefings with employees of the contractor organization. Primary, repeated, unscheduled and targeted briefings are carried out by the direct supervisor of the work from the contractor organization in accordance with the requirements clause 2.1.3 of Training Procedure N 1/29. It is worth considering that according to clause 4.10.5.2 of GOST 12.0.230-2007, the customer organization must methodically monitor compliance with labor safety requirements in the activities of the contractor organization at the organization’s site and ensure that the required labor protection procedures and measures will be carried out by the contractor. To fulfill this requirement, the contracting organization must ensure that the contractor implements the required labor protection procedures and measures at the organization’s site.

Who is responsible for the labor safety of contractors? (Gerasimenko N.)

The operation of hand-held electric and pneumatic tools is regulated by the instructions in force at the facility and the operating instructions for each type of tool. 4.5. Transport and loading and unloading work at the site should be carried out after reading the instructions in force at the enterprise, and for engineering and technical personnel - with section 8 of SNiP. The vehicle used for loading and unloading operations must match the nature of the cargo being processed.

Info

The sites for these works should have a slope of no more than 5°. When placing cars on platforms one after another, the distance between them is at least 1.0 m, and with those standing next to each other - at least 1.5 m. Between the building and the tailgate - at least 0.5 m, between the car and the stack of cargo - not less than 1.0 m.

Carrying materials on stretchers over a distance of more than 50 m or along ladders and stepladders is prohibited.

On February 1, 2002, a new Labor Code came into force, replacing the Labor Code adopted in 1971. Code is a set of rules, norms and laws. The main purpose of the Code is to ensure balance and reconcile the interests of the employer and employees. It is difficult to achieve this, since these interests are in many ways different and opposing.

After concluding an employment contract, the employee undertakes to comply with the orders and instructions of the employer, the requirements of the instructions, and obey the internal labor regulations established by the employer. Article 56 of the Code defines an employment contract as an “agreement between an employer and an employee,” where the employee undertakes to personally perform the labor function determined by this agreement, that is, to perform work in a certain specialty, qualification or position.

Daily, constant monitoring of compliance with safety measures by subordinate personnel is carried out by officials who issued the production task. Weekly monitoring is carried out by the chief engineer. Monthly monitoring is carried out by the employer or his deputy. 4.2. Production areas, work areas and workplaces must be prepared to ensure safe work.

The completion of preparatory work must be accepted according to the act on the implementation of occupational safety measures. Admission to the construction site of unauthorized persons, as well as workers who are drunk or not engaged in work in this area is prohibited. Responsibility for failure to comply with this requirement lies with officials at whose disposal a section of the territory is allocated under an act of permission to carry out independent work under the technical supervision of contractors or subcontractors.

An organization that engages contractors to perform work must ensure labor safety. Let us consider in this article how occupational safety measures are regulated? Who provides the training? How to differentiate responsibilities in a contract? We comply with the law Despite the widespread use of contracting relationships, the organization of labor protection for contractors still raises many questions. In particular, what standards regulate the labor protection of contractors? Thus, GOST 12.0.230-2007.
Interstate standard. System of occupational safety standards. Occupational safety management systems. The general requirements, approved by Order of Rostekhregulirovaniya dated July 10, 2007 N 169-st (hereinafter referred to as GOST 12.0.230-2007), define the labor protection measures that must be ensured by the organization that engages contractors to perform the work (customer organization).

Who is responsible for the labor safety of contractors?

An organization that engages contractors to perform work must ensure labor protection. Let us consider in this article how occupational safety measures are regulated? Who provides the training? How to differentiate responsibilities in a contract?

An organization that engages contractors to perform work must ensure labor protection. Let us consider in this article how occupational safety measures are regulated? Who provides the training? How to differentiate responsibilities in a contract

WE COMPLY WITH THE LAW

Despite the widespread use of contracting relationships, the organization of labor protection for contractors still raises many questions. In particular, what standards govern the labor protection of contractors?So, GOST 12.0.230-2007. Interstate standard. System of occupational safety standards. Occupational safety management systems. The general requirements, approved by Order of Rostechregulirovanie dated July 10, 2007 No. 169-st (hereinafter referred to as GOST 12.0.230-2007), define the labor protection measures that must be ensured by the organization that engages contractors to perform the work (customer organization). The customer is obliged to provide these measures (clause 4.10.5).This relieves the customer organization from liability for a possible accident with employees of the contractor organization. Otherwise, when investigating an accident with the contractor’s employees, act N-1 (clause 9) will indicate the rules and regulations that were violated by the customer organization, and its percentage of fault.

WE PROVIDE INSTRUCTIONS

Conducting labor safety briefings for employees (introductory, initial at the workplace, repeated, unscheduled, targeted) is the responsibility of the employer in accordance with Art. 212 of the Labor Code of the Russian Federation and clause 2.1 of the Procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations, approved by Resolution of the Ministry of Labor of Russia, Ministry of Education of Russia dated January 13, 2003 No. 1/29 (hereinafter referred to as Training Procedure No. 1/29). It is not determined whether the customer or the contractor should do this. It is only stipulated that employees of third-party organizations performing work in the allocated area are given introductory training (clause 2.1.2 of the Training Procedure No. 1/29).

Based on this formulation, we can conclude that the customer organization is obliged to conduct induction training with employees of the contractor organization. Primary, repeated, unscheduled and targeted briefings are carried out by the direct supervisor of the work from the contractor organization in accordance with the requirements of clause 2.1.3 of the Training Procedure No. 1/29. It is worth considering that, according to clause 4.10.5.2 of GOST 12.0.230-2007, the customer organization must methodically monitor compliance with labor protection requirements in the activities of the contractor organization at the organization’s site and ensure that the required labor protection procedures and measures will be carried out by the contractor. To fulfill this requirement, the customer organization must ensure that the contractor implements the required labor protection procedures and measures at the organization’s site. For this purpose, an order should appoint a responsible person from the customer organization, who will supervise the conduct of the necessary labor safety briefings by the immediate supervisor of the contractor's employees.

WE DELIMIT RESPONSIBILITY

In order to comply with legal requirements regarding labor protection, as well as to delimit responsibility for ensuring the safety of work performed between the customer organization and the contractor organization, it is necessary to clearly state in the contract agreement which labor protection measures the customer is responsible for, and for which the contractor is responsible.

1. Regarding the customer organization:

2. Regarding the contractor organization:

• the contracting organization attracts qualified personnel to carry out the work and trains this personnel in labor protection and fire safety;
• the contracting organization provides workers with special clothing, safety footwear and other necessary personal protective equipment in accordance with the Standard Standards for Providing Workers with Personal Protective Equipment;
• The contracting organization provides the customer organization with documentation confirming that employees have completed labor protection training and tested their knowledge of labor protection requirements, briefings on labor protection, fire safety, electrical safety, etc.

Implementation of these labor protection measures will not only ensure safe working conditions for workers, but will also help avoid accidents at work.

Natalya Gerasimenko,

lawyer, Moscow.