In the system of preventive measures aimed at ensuring safe working conditions, personal protective equipment occupies an important place. The employer's obligations to provide workers with personal protective equipment are reflected in the Labor Code of the Russian Federation. Fulfilling the requirements of Article 221, the employer is obliged to provide timely delivery of special clothes, special footwear and other personal protective equipment at the expense of his means in accordance with established norms. According to article 212, the employer is obliged to ensure the use of individual and collective protection of workers, in addition to organize control over the correctness of the use of individual and collective protection equipment by workers, and also inform workers of the personal protective equipment that they are entitled to. In accordance with the requirements of Article 214, the employee is obliged to apply correctly the means of individual and collective protection.
Those working under civil law contracts are provided with personal protective equipment in accordance with these contracts.
Special clothing, special footwear and other personal protective equipment issued to employees must comply with the working conditions and ensure occupational safety. Employees who received personal protective equipment should be instructed about the use and care for them. Employees are obliged to correctly use the special clothes provided for them, special footwear and other personal protective equipment, and in cases of their absence or malfunction, report this to the immediate supervisor. Personal protective equipment issued should be prepared before work commences. It is prohibited to carry out work without the necessary personal protective equipment or with defective personal protective equipment. The employer is obliged to replace or repair personal protective equipment that has worn out before the end of the prescribed period of socks for reasons beyond the control of the employee. Personal protective equipment must be subjected to periodic inspections and tests in the prescribed manner. Information on personal protective equipment for workers used directly in the workplace must be reflected in the instructions on labor protection.
Articles 219 and 220 of the Labor Code stipulate the employee's right to refrain from performing work in the event of a danger to his life and health, as a result of violations of labor protection requirements. In the case of failure to provide the employee in accordance with the established norms of individual and collective protection, the employer has no right to demand from the employee performance of employment duties.
Unfortunately, these articles of the Labor Code are not backed up by the procedure for abandoning dangerous work and therefore in many ways remained declarative, as a good wish. Of course, workers are afraid of retaliatory measures - loss of work in the case of implementation of this right, especially if they are not always supported by the trade union or state labor inspector.
Employee's refusal to perform work, in case of danger to his life and health, due to failure to provide personal protective equipment, as well as from performing heavy work and work with harmful and (or) dangerous working conditions not provided for in the employment contract, does not entail By bringing him to disciplinary responsibility.
Recognition of the right to refuse dangerous work is an important exception to the general rules that determine that the employer is the only person who distributes the work and that the employee does not have to give up his or her job duties or follow instructions.
It has been established that reliable protection of a person can be achieved provided that the appropriate choice of personal protective equipment is properly selected and properly applied in specific conditions. The absence or misuse of personal protective equipment often causes industrial injuries.
Unfortunately, there are cases when officials of organizations do not pay due attention to the issue of providing workers with personal protective equipment, as well as control over their application, which is an example of irresponsibility that is very expensive
So, the admission to the construction site of a mason without a protective helmet was one of the reasons for his fatal trauma, as a result of the collapse of temporary construction.
The lack of a safety belt at the installer of the building site became one of the reasons for his fall from height and the receipt of numerous injuries to his internal organs.
Often, accidents occur through the fault of the workers themselves, who do not consider it necessary to use the personal protective equipment they give out. So, the non-use of the safety belt by the installer of the technological equipment caused his fall from the height and the receipt of an injury incompatible with life.
One of the causes of the fatal accident that occurred with the installer of technological equipment and related structures was the gross negligence of the victim, expressed in the non-use of a safety belt when he was in a dangerous fall zone from a height outside the cradle of an auto hydraulic lifter, which the victim left on his own.
One of the causes of the fatal accident that occurred with the painter as a result of the fire of the air during painting operations was the failure to provide the victim with the necessary personal protective equipment (he did the work while wearing a jacket made of flammable synthetic material, sneakers).
Based on the above and for the prevention of occupational injuries, we offer to employers span>: strong>
Reference. Code of the Russian Federation on Administrative Offenses Article 5.27.1 part 4: strong> em> failure to provide employees with personal protective equipment - entails the imposition of an administrative fine on officials in the amount of twenty thousand to thirty thousand rubles; On persons engaged in entrepreneurial activities without the formation of a legal entity - from twenty thousand to thirty thousand rubles; On legal entities - from one hundred and thirty thousand to one hundred and fifty thousand rubles.
Krymov Alexander Nikolaevich
Head of Investigation of Industrial Accidents
Our specialist will contact you within