Part one, Article 219 of the Labor Code of the Russian Federation. Theory of everything. What does the employee’s right to reliable information on working conditions mean?

Labor Code, N 197-FZ | Art. 219 Labor Code of the Russian Federation

Article 219 of the Labor Code of the Russian Federation. The employee’s right to work in conditions that meet labor protection requirements (current version)

Every employee has the right to:

a workplace that meets labor protection requirements;

compulsory social insurance against industrial accidents and occupational diseases in accordance with federal law;

obtaining reliable information from the employer, relevant government bodies and public organizations about labor conditions and safety in the workplace, about the existing risk of damage to health, as well as about measures to protect against exposure to harmful and (or) hazardous production factors;

refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for by federal laws, until such danger is eliminated;

provision of personal and collective protective equipment in accordance with labor protection requirements at the expense of the employer;

training in safe labor methods and techniques at the expense of the employer;

additional professional education at the expense of the employer in the event of liquidation of a workplace due to violation of labor protection requirements;

a request for an inspection of labor conditions and safety at his workplace by a federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established field of activity, executive authorities carrying out state examination of working conditions, as well as trade union control bodies over compliance with labor legislation and other acts containing labor law norms;

appeal to state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation and local governments, to the employer, to associations of employers, as well as to trade unions, their associations and other representative bodies authorized by employees on labor protection issues;

personal participation or participation through his representatives in the consideration of issues related to ensuring safe working conditions at his workplace, and in the investigation of an industrial accident or occupational disease that has occurred to him;

an extraordinary medical examination in accordance with medical recommendations with retention of his place of work (position) and average earnings during the said medical examination;

guarantees and compensations established in accordance with this Code, a collective agreement, an agreement, a local regulatory act, an employment contract, if he is employed in work with harmful and (or) dangerous working conditions.

The amount, procedure and conditions for providing guarantees and compensation to employees engaged in work with harmful and (or) dangerous working conditions are established in the manner prescribed by Articles 92, 117 and 147 of this Code.

Increased or additional guarantees and compensation for work in jobs with harmful and (or) dangerous working conditions may be established by a collective agreement or local regulations, taking into account the financial and economic situation of the employer.

If safe working conditions are provided at workplaces, confirmed by the results of a special assessment of working conditions or the conclusion of a state examination of working conditions, guarantees and compensation for workers are not established.

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Commentary to Art. 219 Labor Code of the Russian Federation

1. The commented article lists the fundamental rights that are designed to ensure not only the preservation of the life and health of an employee in the process of work, but also the opportunity to maintain a job in the event of liquidation of a workplace due to violation of labor protection requirements.

Since many enshrined in Art. 219 of the Labor Code, the rights of an employee in the field of labor protection are specified in independent articles of the section “Labour Safety” and other sections of the Code; when commenting on it, references are given to the relevant articles of the Labor Code. In addition, many of the employee’s rights correspond to those already discussed enshrined in Art. 212 of the Labor Code are the obligations of the employer, giving an idea of a number of employee rights, for example, to a workplace that meets labor protection requirements, information about working conditions in the workplace. In this regard, the text of the commented article also makes reference to the article on the responsibilities of the employer. Some employee rights are considered simultaneously with the guarantees enshrined in Art. 220 TK.

2. Ensuring the creation of working conditions at each workplace that meet labor protection requirements is the responsibility of the employer. On the employer's provision of the employee's right to a workplace that meets labor safety requirements, see commentary. to Art. 212 TK.

3. Compulsory social insurance against accidents at work and occupational diseases is one of the types of social insurance and creates the basis for social guarantees for those injured at work. On the employee’s right to social insurance against accidents at work and occupational diseases, see the commentary. to Art. 184 TK.

4. Ensuring that employees are informed about labor conditions and safety in the workplace, about the risk of damage to health, the guarantees provided to them, the compensation they are entitled to and personal protective equipment is the responsibility of the employer. On ensuring the employee’s right to receive reliable information about labor conditions and safety at his workplace, see the commentary. to Art. 212 TK.

5. The employee’s right to refuse to perform work in the event of a danger to his life and health due to violation of labor protection requirements follows from Part 3 of Art. 37 of the Constitution of the Russian Federation, according to which everyone has the right to work in conditions that meet safety and hygiene requirements. If an immediate danger to the life and health of an employee arises during work due to violation of labor protection requirements (except for cases provided for by federal laws), he has the right not to perform work until such danger is eliminated (for example, refuse to work at height without protective devices and in the absence of safety belt). In this case, the employer is obliged to provide him with another job while the danger is eliminated. If for objective reasons this is impossible, the employee’s downtime until the danger to his life and health is eliminated is paid by the employer in accordance with the law (see commentary to Article 157 of the Labor Code).

As can be seen from the provisions of Part 7 of Art. 220 of the Labor Code, the employee also has the right to refuse to perform work with harmful or dangerous working conditions not provided for in the employment contract. However, cases when an employee cannot exercise this right are not indicated in the Labor Code. Since the Code does not contain rules prohibiting an employee from exercising this right even when the performance of such work is caused by a transfer due to production necessity on the grounds specified in Art. 72.2 of the Labor Code, the employee’s refusal to temporarily transfer to another job in accordance with Art. 72.2 of the Labor Code for the above reasons is considered justified (clause 19 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2).

An employee’s refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements or from performing work under harmful and (or) dangerous working conditions does not entail any adverse consequences for him, for example, the employee cannot be subject to disciplinary action collection.

6. On the provision of personal and collective protective equipment, see commentary. to Art. Art. 221 and 212 TK.

7. For training in safe work methods and techniques at the expense of the employer, see the comment. to Art. 225 TK.

8. The decision on the liquidation of a workplace due to violation of labor protection requirements and on the acquisition of additional professional education by employees released in connection with this is made by the employer. The employer, at his own expense, provides additional professional education on the terms and in the manner determined by the collective agreement, agreements, and employment contract (Article 196 of the Labor Code).

9. An employee has the right to make a request for an inspection of labor conditions and labor protection at his workplace by the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law standards, other federal executive bodies exercising state control (supervision) in the established field of activity, executive authorities carrying out state examination of working conditions, as well as trade union control bodies over compliance with labor legislation and other acts containing labor law norms. This right of the employee corresponds to the corresponding powers of the specified bodies (see Articles 356 and 370 of the Labor Code).

According to V.A. Dubikov, he has the right to receive compensation for moral damage caused by an occupational disease at work, on the basis of Articles 212 and 219 of the Labor Code of the Russian Federation, paragraph two of paragraph 3 of Article 8 of the Federal Law of July 24, 1998 No. 125 -FZ “On compulsory social insurance against accidents at work and occupational diseases” and articles 151, 1064 and 1101 of the Civil Code of the Russian Federation. Believing that the occupational disease was acquired through the fault of Siberian Anthracite CJSC under the influence of harmful production factors while working at this enterprise...

Decision of the Supreme Court: Determination N 18-КГ15-221, Judicial Collegium for Civil Cases, cassation

From the stated provisions of regulatory legal acts it follows that the employer, based on Art. 92, 117, 147 and 219 of the Labor Code of the Russian Federation, can independently, based on the results of certification of workplaces for working conditions, establish one or more compensations for workers, increased or additional compensation for work in heavy work...

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This page presents Article 219 of the Labor Code of the Russian Federation in the latest edition.

The employee’s right to work in conditions that meet labor protection requirements

Every employee has the right to:

a workplace that meets labor protection requirements;
compulsory social insurance against industrial accidents and occupational diseases in accordance with federal law;
obtaining reliable information from the employer, relevant government bodies and public organizations about labor conditions and safety in the workplace, about the existing risk of damage to health, as well as about measures to protect against exposure to harmful and (or) hazardous production factors;
refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for by federal laws, until such danger is eliminated;
provision of personal and collective protective equipment in accordance with labor protection requirements at the expense of the employer;
training in safe work methods and techniques at the expense of the employer;
additional professional education at the expense of the employer in the event of liquidation of a workplace due to violation of labor protection requirements;
a request for an inspection of labor conditions and safety at his workplace by a federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established field of activity, executive authorities carrying out state examination of working conditions, as well as trade union control bodies over compliance with labor legislation and other acts containing labor law norms;
appeal to state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation and local governments, to the employer, to associations of employers, as well as to trade unions, their associations and other representative bodies authorized by employees on labor protection issues;
personal participation or participation through his representatives in the consideration of issues related to ensuring safe working conditions at his workplace, and in the investigation of an industrial accident or occupational disease that has occurred to him;
an extraordinary medical examination in accordance with medical recommendations with retention of his place of work (position) and average earnings during the said medical examination;
guarantees and compensations established in accordance with this Code, a collective agreement, an agreement, a local regulatory act, an employment contract, if he is employed in work with harmful and (or) dangerous working conditions.

Below you can leave comments on Article 219 of the Labor Code of the Russian Federation, as well as see comments from other participants on the site

Article 219 of the Labor Code of the Russian Federation with comments and amendments for 2018-2019.

Every employee has the right to:

a workplace that meets labor protection requirements;
compulsory social insurance against industrial accidents and occupational diseases in accordance with federal law;
obtaining reliable information from the employer, relevant government bodies and public organizations about labor conditions and safety in the workplace, about the existing risk of damage to health, as well as about measures to protect against exposure to harmful and (or) hazardous production factors;
refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for by federal laws, until such danger is eliminated;
provision of personal and collective protective equipment in accordance with labor protection requirements at the expense of the employer;
training in safe labor methods and techniques at the expense of the employer;
additional professional education at the expense of the employer in the event of liquidation of a workplace due to violation of labor protection requirements;
a request for an inspection of labor conditions and safety at his workplace by a federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established field of activity, executive authorities carrying out state examination of working conditions, as well as trade union control bodies over compliance with labor legislation and other acts containing labor law norms;
appeal to state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation and local governments, to the employer, to associations of employers, as well as to trade unions, their associations and other representative bodies authorized by employees on labor protection issues;
personal participation or participation through his representatives in the consideration of issues related to ensuring safe working conditions at his workplace, and in the investigation of an industrial accident or occupational disease that has occurred to him;
an extraordinary medical examination in accordance with medical recommendations with retention of his place of work (position) and average earnings during the said medical examination;
guarantees and compensations established in accordance with this Code, a collective agreement, an agreement, a local regulatory act, an employment contract, if he is employed in work with harmful and (or) dangerous working conditions.

Commentary on Article 219 of the Labor Code of the Russian Federation:

1. Considering that many of the rights of an employee in the field of labor protection, enshrined in Article 219 of the Labor Code of the Russian Federation, are specified in independent articles of the section “Labor Safety” and other sections, when commenting on it, references are given to the relevant articles of the Labor Code. In addition, many of the employee’s rights correspond to the already discussed specific responsibilities of the employer (Article 212 of the Labor Code), which give an idea of a number of employee rights, for example, to a workplace that meets labor protection requirements, information about working conditions in the workplace. In such cases, the text of the commentary to the article also contains a reference to the article on the responsibilities of the employer.

Individual employee rights are considered simultaneously with the guarantees enshrined in Art. 220 TK.

2. On the employer’s provision of the employee’s right to a workplace that meets labor protection requirements, see paragraph 4 of the commentary. to Art. 212.

3. On the employee’s right to social insurance against accidents at work and occupational diseases, see the commentary. to Art. 184.

4. On ensuring the employee’s right to receive reliable information about labor conditions and safety at his workplace, see paragraph 10 of the commentary. to Art. 212.

5. If an immediate danger to the life and health of a worker arises during work as a result of violation of labor protection requirements (except for cases provided for by federal laws), he has the right not to perform work until such danger is eliminated (for example, to refuse to work at heights without protective devices and when no safety belt).

In this case, the employer is obliged to provide him with another job while the danger is eliminated. If for objective reasons this is impossible, the employee’s downtime until the danger to his life and health is eliminated is paid by the employer in accordance with the law (see commentary to Article 157).

As follows from the contents of Part 7 of Art. 220 of the Labor Code, the employee also has the right to refuse to perform heavy work and work with harmful or dangerous working conditions not provided for in the employment contract. However, cases when an employee cannot exercise such a right are not specified in the Labor Code. Therefore, the employee has the right not to perform the named work even when their performance is caused by a transfer due to production necessity (Article 72.2 of the Labor Code) - clause 19 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2.

When applying Article 219 of the Labor Code of the Russian Federation, it should be borne in mind that if in these cases it is impossible to provide an employee with other work, then his downtime, in our opinion, should be paid as downtime through no fault of his (Article 157 of the Labor Code).

An employee’s refusal to perform work in the cases listed above does not entail any adverse consequences for him, for example, the employee cannot be subject to disciplinary action.

6. On the provision of personal and collective protective equipment, see commentary. to Art. 221 and paragraph 3 comments. to Art. 212.

7. For training in safe work methods and techniques at the expense of the employer, see the comment. to Art. 225.

8. Issues regarding the elimination of jobs due to violation of labor protection requirements and professional retraining of workers released in connection with this are resolved by organizations independently.

The employer provides vocational training and retraining at his own expense in the organization, and, if necessary, in educational institutions of primary, secondary, higher vocational and additional education on the terms and in the manner determined by the collective agreement, agreements, as well as the employment contract (Article 196 of the Labor Code ).

9. The right of an employee to request an inspection of labor conditions and safety at his workplace by state supervision and control bodies corresponds to the corresponding powers of these bodies (see Articles 356 and 370 of the Labor Code).

In accordance with Art. 4 of the Federal Law of May 2, 2006 N 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation” (SZ RF. 2006. N 19. Art. 2060), citizens have the right to apply personally, as well as send individual and collective appeals to government bodies, local governments and officials. The appeal can be expressed in the form of proposals and recommendations for improving legislation or improving socio-economic and other areas of activity of the state and society; in the form of a citizen’s application-request for assistance in the implementation of his constitutional rights and freedoms or the constitutional rights and freedoms of other persons; in the form of a complaint-request from a citizen for restoration or protection of his violated rights, freedoms or legitimate interests or the rights, freedoms or legitimate interests of other persons. The appeal can also be oral.

A state body, local government body or official, within 30 days from the date of receipt of the appeal, ensures its objective, comprehensive and timely consideration (if necessary, with the participation of the citizen who sent the appeal) and takes measures aimed at restoring or protecting violated rights and freedoms and legitimate interests.

According to the Law of the Russian Federation of April 27, 1993 N 4866-1 “On appealing to the court actions and decisions that violate the rights and freedoms of citizens” (Air Force of the Russian Federation. 1993. N 19. Art. 685), an employee has the right to file a complaint against actions (decisions ), violating his rights and freedoms, either directly to the court, or to a higher state body, local government body, institution, enterprise or association, public association, official, civil servant.

A higher authority, association, official, civil servant in the order of subordination is obliged to consider the complaint within a month. If a citizen’s complaint is denied or he has not received a response within a month from the date of its filing, he has the right to file a complaint with the court.

A complaint can be filed by a citizen whose rights have been violated, or his representative, as well as, at the citizen’s request, by a duly authorized representative of a public organization or labor collective.

The complaint is filed at the discretion of the citizen either to the court at the place of his residence, or to the court at the location of the body, association, official, civil servant.

To file a complaint in court in accordance with Art. 5 of the said Law establishes the following deadlines:

3 months from the day the citizen became aware of a violation of his right;
one month from the date a citizen receives written notice of the refusal of a higher body, association, official, civil servant to satisfy the complaint or from the date of expiration of a month after filing the complaint, if a written response to it is not received.

A deadline for filing a complaint missed for a valid reason may be reinstated by the court.

If an employee does not agree with the decisions taken on his complaint by the above-mentioned bodies and officials, he can file a complaint with the Commissioner for Human Rights in the Russian Federation, whose competence is enshrined in the Federal Constitutional Law of February 26, 1997 N 1-FKZ " On the Commissioner for Human Rights in the Russian Federation" (SZ RF. 1997. N 9. Art. 1011).

The right of trade unions, their associations, primary trade union organizations and their bodies to represent and protect the social and labor rights and interests of workers, incl. and in the field of labor protection, enshrined in Art. 11 of the Law on Trade Unions (see also commentary to Article 370).

According to paragraph 1, part 1 of Article 219 of the Labor Code of the Russian Federation, an employee has the right, personally or through his representatives, to participate in the consideration of issues related to ensuring safe working conditions at his workplace, and in the investigation of an accident at work or his occupational disease.

In cases where an employee has disputes with the employer regarding the application of labor protection legislation, a collective agreement, as well as the terms of the employment contract (for example, the employee is not transferred to another job in accordance with a medical report, a disabled person is involved in overtime work without his consent) , he can contact the labor dispute commission (LCC) at his place of work. In organizations where the CTS is not elected, - directly to the court (see commentary to Article 391).

10. Only those categories of workers that are specified in Part 1 of Art. 213.

11. For compensation provided in connection with the performance of heavy work and work with harmful or dangerous working conditions, see the corresponding commentary. to Art. Art. 116, 117, 147, 222.

Article 219. The employee’s right to work in conditions that meet labor protection requirements

Every employee has the right to:

a workplace that meets labor protection requirements;

compulsory social insurance against industrial accidents and occupational diseases in accordance with federal law;

provision of personal and collective protective equipment in accordance with labor protection requirements at the expense of the employer;

training in safe labor methods and techniques at the expense of the employer;

additional professional education at the expense of the employer in the event of liquidation of a workplace due to violation of labor protection requirements;

an extraordinary medical examination in accordance with medical recommendations with retention of his place of work (position) and average earnings during the said medical examination;

Article 220. Guarantees of the right of workers to work in conditions that meet labor protection requirements

The state guarantees workers the protection of their right to work in conditions that meet labor protection requirements.

The working conditions provided for in the employment contract must comply with labor protection requirements.

During the suspension of work in connection with the administrative suspension of activities or a temporary ban on activities in accordance with the legislation of the Russian Federation due to violation of state regulatory requirements for labor protection through no fault of the employee, his place of work (position) and average earnings are retained. During this time, the employee, with his consent, can be transferred by the employer to another job with wages for the work performed, but not lower than the average earnings for the previous job.

If an employee refuses to perform work in the event of a danger to his life and health (except for cases provided for by this Code and other federal laws), the employer is obliged to provide the employee with another job while such danger is eliminated.

If providing another job for objective reasons is impossible for an employee, the employee’s downtime until the danger to his life and health is eliminated is paid by the employer in accordance with this Code and other federal laws.

If the employee is not provided with personal and collective protective equipment in accordance with established standards, the employer does not have the right to require the employee to perform work duties and is obliged to pay for downtime arising for this reason in accordance with this Code.

An employee’s refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements or to perform work under harmful and (or) dangerous working conditions not provided for in the employment contract does not entail bringing him to disciplinary liability.

In the event of harm to the life and health of an employee during the performance of his job duties, compensation for said harm is carried out in accordance with federal law.

In order to prevent and eliminate violations of state regulatory requirements for labor protection, the state ensures the organization and implementation of federal state supervision over their compliance and establishes the responsibility of the employer and officials for violation of these requirements.

Article 221. Providing workers with personal protective equipment

For work with harmful and (or) dangerous working conditions, as well as for work performed in special temperature conditions or associated with pollution, workers are provided with free special clothing, special shoes and other personal protective equipment that have passed mandatory certification or declaration of conformity, as well as flushing agents. and (or) neutralizing agents in accordance with standard standards, which are established in the manner determined by the Government of the Russian Federation.

The employer has the right, taking into account the opinion of the elected body of the primary trade union organization or other representative body of workers and its financial and economic situation, to establish standards for the free issuance of special clothing, special shoes and other personal protective equipment to employees, which improve, compared to standard standards, the protection of employees from existing places of harmful and (or) dangerous factors, as well as special temperature conditions or pollution.

The employer, at his own expense, is obliged, in accordance with established standards, to ensure the timely issuance of special clothing, special footwear and other personal protective equipment, as well as their storage, washing, drying, repair and replacement.

Article 222. Distribution of milk and therapeutic and preventive nutrition

In jobs with hazardous working conditions, workers are given milk or other equivalent food products free of charge according to established standards. The provision of milk or other equivalent food products to employees according to established standards, upon written statements from employees, may be replaced by a compensation payment in an amount equivalent to the cost of milk or other equivalent food products, if this is provided for by a collective agreement and (or) an employment contract.

In jobs with particularly hazardous working conditions, therapeutic and preventive nutrition is provided free of charge according to established standards.

The norms and conditions for the free distribution of milk or other equivalent food products, therapeutic and preventive nutrition, the procedure for making compensation payments provided for in part one of this article are established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

Article 223. Sanitary services and medical support for workers

Sanitary services and medical support for workers in accordance with labor protection requirements are the responsibility of the employer. For these purposes, the employer, in accordance with established standards, equips sanitary premises, premises for eating, premises for providing medical care, rooms for rest during working hours and psychological relief; first aid stations are organized, equipped with first aid kits; apparatus (devices) are installed to provide workers in hot shops and areas with carbonated salt water, and more.

Transportation to medical organizations or to the place of residence of employees affected by industrial accidents and occupational diseases, as well as for other medical reasons, is carried out using the employer’s vehicles or at his expense.

Article 224. Additional guarantees of labor protection for certain categories of workers

In cases provided for by this Code, other federal laws and other regulatory legal acts of the Russian Federation, the employer is obliged to: comply with the restrictions established for certain categories of workers on engaging them in work under harmful and (or) dangerous working conditions, and in performing work at night , as well as overtime work; transfer workers who, for health reasons, require easier work to be given to another job in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, with appropriate payment; establish rest breaks included in working hours; create working conditions for disabled people in accordance with an individual rehabilitation program; carry out other events.

Article 225. Training in the field of labor protection

All employees, including heads of organizations, as well as employers - individual entrepreneurs, are required to undergo training on labor protection and testing of knowledge of labor protection requirements in the manner established by the federal executive body authorized by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social Security. labor relations.

For all persons entering work, as well as for employees transferred to another job, the employer or a person authorized by him is obliged to provide instructions on labor protection, organize training in safe methods and techniques for performing work and providing first aid to victims.

The employer provides training for persons entering work with harmful and (or) dangerous working conditions in safe methods and techniques for performing work with on-the-job training and passing exams, and conducts periodic training on labor protection and tests of knowledge of labor protection requirements during the work period.

The state promotes the organization of training on labor protection in organizations engaged in educational activities.

The state provides training for specialists in the field of labor protection.

Article 226. Financing of measures to improve working conditions and safety

Financing of measures to improve labor conditions and safety is carried out from the federal budget, budgets of the constituent entities of the Russian Federation, local budgets, extra-budgetary sources in the manner established by federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments.

Financing of measures to improve working conditions and safety can also be carried out through voluntary contributions from organizations and individuals.

Financing of measures to improve labor conditions and safety by employers (with the exception of state unitary enterprises and federal institutions) is carried out in the amount of at least 0.2 percent of the cost of production of products (works, services). A standard list of measures annually implemented by the employer at the expense of the specified funds to improve working conditions and safety and reduce levels of occupational risks is established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of labor.

In sectors of the economy, constituent entities of the Russian Federation, in territories, as well as employers, labor protection funds may be created in accordance with federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of constituent entities of the Russian Federation, and regulatory legal acts of local governments.

The employee does not bear the cost of financing measures to improve working conditions and safety.

Article 227. Accidents subject to investigation and recording

Accidents that occur with employees and other persons involved in the employer’s production activities (including persons subject to compulsory social insurance against industrial accidents and occupational diseases) during the performance of their job duties are subject to investigation and recording in accordance with this chapter. or performing any work on behalf of the employer (his representative), as well as when carrying out other lawful actions determined by the labor relationship with the employer or performed in his interests.

Persons participating in the employer’s production activities, in addition to employees performing their duties under an employment contract, in particular include:

employees and other persons receiving education in accordance with an apprenticeship contract;

students undergoing practical training;

persons suffering from mental disorders who participate in productive work at medical and industrial enterprises in the form of occupational therapy in accordance with medical recommendations;

persons sentenced to imprisonment and forced to work;

persons involved in the prescribed manner to perform socially useful works;

members of production cooperatives and members of peasant (farm) households who take personal labor participation in their activities.

Events as a result of which the victims received: bodily injuries (injuries), including those inflicted by another person, are subject to investigation in the established manner as accidents; heatstroke; burn; frostbite; drowning; electric shock, lightning, radiation; bites and other bodily injuries caused by animals and insects; damage due to explosions, accidents, destruction of buildings, structures and structures, natural disasters and other emergency circumstances, other health damage caused by external factors, resulting in the need to transfer the victims to another job, temporary or permanent loss of their ability to work or death of the victims, if the following events occurred:

during working hours on the employer’s territory or in another place where work is performed, including during established breaks, as well as during the time necessary to put production tools and clothing in order, to perform other actions provided for by the internal labor regulations before and after end of work, or when performing work outside the established working hours for the employee, on weekends and non-working holidays;

when traveling to or from work in a vehicle provided by the employer (his representative), or in a personal vehicle in the case of using a personal vehicle for production (official) purposes by order of the employer (his representative) or by agreement of the parties to the employment contract ;

when traveling to and from the place of business travel, during business trips on public or official transport, as well as when following the order of the employer (his representative) to the place of work (assignment) and back, including on foot;

when traveling on a vehicle as a shift worker during a rest period between shifts (a shift driver on a vehicle, a conductor or mechanic of the refrigerated section on a train, a member of the mail car crew, and others);

when working on a rotational basis during rest between shifts, as well as when being on a ship (air, sea, river) during free time from the watch and ship work;

when carrying out other lawful actions caused by labor relations with the employer or performed in his interests, including actions aimed at preventing a disaster, accident or accident.

The events specified in part three of this article are also subject to investigation in the established manner as accidents if they occurred with persons involved in the established procedure to participate in the work to prevent a catastrophe, accident or other emergency circumstances or in the work to eliminate their consequences.

Article 228. Obligations of the employer in case of an accident

In case of accidents specified in Article 227 of this Code, the employer (his representative) is obliged to:

immediately organize first aid for the victim and, if necessary, transport him to a medical organization;

take urgent measures to prevent the development of an emergency or other emergency situation and the impact of traumatic factors on other persons;

until the investigation of the accident begins, preserve the situation as it was at the time of the incident, if this does not threaten the life and health of other persons and does not lead to a catastrophe, accident or other emergency circumstances, and if it is impossible to preserve it, record the current situation (draw up diagrams , take photographs or videos, and other events);

immediately inform the authorities and organizations specified in this Code, other federal laws and other regulatory legal acts of the Russian Federation about the accident, and about a serious accident or fatal accident - also the relatives of the victim;

take other necessary measures to organize and ensure a proper and timely investigation of the accident and registration of investigation materials in accordance with this chapter.

Article 228.1. Procedure for reporting accidents

In case of a group accident (two or more people), a serious accident or a fatal accident, the employer (his representative) is obliged to send a notice within 24 hours in the prescribed form:

to the relevant territorial body of the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms;

to the prosecutor's office at the scene of the accident;

to the executive body of a constituent entity of the Russian Federation and (or) local government body at the place of state registration of a legal entity or individual as an individual entrepreneur;

the employer who sent the employee who suffered the accident;

to the territorial body of the relevant federal executive body exercising state control (supervision) in the established field of activity, if the accident occurred in an organization or facility controlled by this body;

to the executive body of the insurer on issues of compulsory social insurance against accidents at work and occupational diseases (at the place of registration of the employer as an insurer).

In case of a group accident, serious accident or fatal accident, the employer (his representative) is also obliged to send a notice in the prescribed form to the relevant territorial association of trade union organizations within 24 hours.

The captain of the ship must immediately notify the employer (shipowner) of an accident that occurs on a ship while it is sailing (regardless of its departmental (industry) affiliation), and if the ship is sailing abroad, also to the relevant consulate of the Russian Federation.

The employer (shipowner), upon receiving a message about a group accident, serious accident or fatal accident that occurred on a ship, is obliged to send a notice in the prescribed form within 24 hours to:

the relevant territorial body of the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms;

the relevant prosecutor's office at the place of registration of the vessel;

relevant federal executive authorities authorized to carry out federal state supervision in the field of the use of atomic energy and state supervision in the field of radiation safety if the accident occurred at a nuclear power plant of a ship or during the transportation of nuclear materials, radioactive substances and waste;

the corresponding territorial association of trade union organizations;

executive body of the insurer on issues of compulsory social insurance against accidents at work and occupational diseases (at the place of registration of the employer as an insurer).

About accidents that, over time, have become classified as serious accidents or fatal accidents, the employer (his representative), within three days after receiving information about this, sends a notice in the prescribed form to the relevant territorial body of the federal executive body authorized to carry out federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, the territorial association of trade union organizations and the territorial body of the relevant federal executive body exercising state control (supervision) in the established field of activity, if the accident occurred in the organization or at a facility controlled by this body, and about insured events - to the executive body of the insurer (at the place of registration of the employer as an insured).

The employer (his representative) reports cases of acute poisoning to the relevant body of the federal executive body exercising the functions of federal state sanitary and epidemiological supervision.

Article 229. Procedure for forming accident investigation commissions

To investigate the accident, the employer (his representative) immediately forms a commission consisting of at least three people. The commission includes a labor protection specialist or a person appointed responsible for organizing labor protection work by order (instruction) of the employer, representatives of the employer, representatives of the elected body of the primary trade union organization or other representative body of workers, and a labor protection commissioner. The commission is headed by the employer (his representative), and in cases provided for by this Code, by an official of the relevant federal executive body exercising state control (supervision) in the established field of activity.

When investigating an accident (including a group one), as a result of which one or more victims received severe health injuries, or an accident (including a group one) with a fatal outcome, the commission also includes a state labor inspector, representatives of the executive authority of a constituent entity of the Russian Federation Federation or local government body (as agreed), a representative of the territorial association of trade union organizations, and when investigating the specified accidents with the insured - representatives of the executive body of the insurer (at the place of registration of the employer as an insured). The commission is headed, as a rule, by an official of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms.

Unless otherwise provided by this Code, the composition of the commission is approved by order (instruction) of the employer. Persons who are directly responsible for ensuring compliance with labor safety requirements at the site (facility) where the accident occurred are not included in the commission.

The specified employer or his authorized representative, the victim’s authorized representative, and a labor protection specialist, who may be involved in the investigation of the accident on a contractual basis, take part in the investigation of an accident at an individual employer.

An accident that occurs to a person sent to perform work for another employer and participating in his production activities is investigated by a commission formed by the employer who experienced the accident. The commission includes a representative of the employer who referred the person. Failure to arrive or untimely arrival of the specified representative is not grounds for changing the timing of the investigation.

An accident that occurs to a person performing work on the territory of another employer is investigated by a commission formed by the employer (his representative), on whose behalf the work was performed, with the participation, if necessary, of the employer (his representative), to whom this territory is assigned with the rights of ownership, possession , use (including rent) and on other grounds.

An accident that occurs to a person who, on behalf of the employer (his representative), performed work on the site of another employer allocated in accordance with the established procedure, is investigated by a commission formed by the employer performing this work, with the mandatory participation of a representative of the employer on whose territory it was carried out.

An accident that occurs to an employee while performing part-time work is investigated and recorded at the place of part-time work. In this case, the employer (his representative) who conducted the investigation, with the written consent of the employee, may inform the employer at the victim’s main place of work about the results of the investigation.

The investigation of an accident that occurred as a result of a disaster, accident or other damage to a vehicle is carried out by a commission formed and headed by the employer (his representative), with the mandatory use of materials from the investigation of the accident, accident or other damage to a vehicle carried out by the relevant federal executive body carrying out state control (supervision) in the established field of activity, bodies of inquiry, investigative bodies and the owner of the vehicle.

Each victim, as well as his legal representative or other authorized representative, has the right to personal participation in the investigation of the accident that occurred with the victim.

At the request of the victim or in the event of the death of the victim, at the request of persons dependent on the victim, or persons closely related to him or her, their legal representative or other authorized representative may also take part in the investigation of the accident. If the legal representative or other authorized person does not participate in the investigation, the employer (his representative) or the chairman of the commission is obliged, at the request of the legal representative or other authorized person, to familiarize him with the materials of the investigation.

If the accident was the result of operational violations affecting the provision of nuclear, radiation and technical safety at nuclear energy facilities, then the commission also includes a representative of the territorial body of the federal executive body exercising the functions of federal state supervision in the field of atomic energy use.

In the event of an accident that occurs in an organization or facility controlled by a territorial body of the federal executive body exercising control and supervision functions in the field of industrial safety, the composition of the commission is approved by the head of the relevant territorial body. The commission is headed by a representative of this body.

In case of a group accident with a death toll of five people or more, the commission also includes representatives of the federal executive body authorized to carry out state control (supervision) over compliance with labor legislation and other regulatory legal acts containing labor law norms, and the all-Russian association of trade unions . The commission is headed by the head of the state labor inspection - the chief state labor inspector of the corresponding state labor inspection or his deputy for labor protection, and when investigating an accident that occurred in an organization or at a facility controlled by the territorial body of the federal executive body exercising control and supervision functions in in the field of industrial safety - the head of this territorial body.

Article 229.1. Time frame for accident investigations

The investigation of an accident (including a group one), as a result of which one or more victims received minor injuries, is carried out by the commission within three days. The investigation of an accident (including a group one), as a result of which one or more victims received severe health damage, or an accident (including a group one) with a fatal outcome is carried out by the commission within 15 days.

An accident that was not reported to the employer in a timely manner or as a result of which the victim’s incapacity for work did not occur immediately, is investigated in the manner established by this Code, other federal laws and other regulatory legal acts of the Russian Federation, at the request of the victim or his authorized representative within one months from the date of receipt of the said application.

If it is necessary to conduct additional verification of the circumstances of the accident, obtain relevant medical and other conclusions, the periods specified in this article may be extended by the chairman of the commission, but not more than by 15 days. If it is not possible to complete the investigation of an accident within the established time frame due to the need to consider its circumstances in organizations carrying out examinations, bodies of inquiry, investigative bodies or in court, then the decision to extend the period of investigation of the accident is made in agreement with these organizations, bodies or taking into account the decisions they have made.

Article 229.2. Procedure for conducting accident investigations

When investigating each accident, the commission (in the cases provided for by this Code, the state labor inspector who independently conducts the investigation of the accident) identifies and interviews eyewitnesses of the incident, persons who committed violations of labor protection requirements, receives the necessary information from the employer (his representative) and, if possible, explanations from the victim.

At the request of the commission, in cases necessary for conducting an investigation, the employer, at its own expense, provides:

performing technical calculations, conducting laboratory research, testing, other expert work and engaging expert specialists for these purposes;

photographing and (or) video filming the scene of the incident and damaged objects, drawing up plans, sketches, diagrams;

provision of transport, office space, communications equipment, special clothing, special shoes and other personal protective equipment.

Accident investigation materials include:

order (instruction) to create a commission to investigate the accident;

plans, sketches, diagrams, protocol for examining the scene of the incident, and, if necessary, photo and video materials;

documents characterizing the state of the workplace, the presence of dangerous and harmful production factors;

extracts from logs of registration of labor safety briefings and protocols for checking the knowledge of victims of labor protection requirements;

protocols of interviews with eyewitnesses of the accident and officials, explanations of the victims;

expert opinions of specialists, results of technical calculations, laboratory studies and tests;

a medical report on the nature and severity of the damage caused to the victim’s health, or the cause of his death, whether the victim was in a state of alcohol, narcotic or other toxic intoxication at the time of the accident;

copies of documents confirming the issuance of special clothing, special shoes and other personal protective equipment to the victim in accordance with current standards;

extracts from orders previously issued to the employer and related to the subject of the investigation by state labor inspectors and officials of the territorial body of the relevant federal executive body exercising functions of state supervision in the established field of activity (if the accident occurred in an organization or facility controlled by this body), and also extracts from the submissions of trade union labor inspectors on the elimination of identified violations of labor protection requirements;

other documents at the discretion of the commission.

The specific list of investigation materials is determined by the chairman of the commission depending on the nature and circumstances of the accident.

Based on the collected investigation materials, the commission (in the cases provided for by this Code, a state labor inspector who independently conducts an investigation of the accident) establishes the circumstances and causes of the accident, as well as persons who committed violations of labor protection requirements, develops proposals for eliminating the identified violations, the causes of the accident and prevention of similar accidents, determines whether the actions (inaction) of the victim at the time of the accident were due to labor relations with the employer or participation in his production activities, if necessary, resolves the issue of which employer records the accident, qualifies the accident as an accident accident at work or as an accident not related to production.

They are investigated in the prescribed manner and, by decision of the commission (in the cases provided for by this Code, a state labor inspector who independently conducted an investigation of the accident), depending on the specific circumstances, may be classified as accidents not related to production:

death due to a general illness or suicide, confirmed in the prescribed manner by a medical organization, investigative bodies or court;

death or injury to health, the only cause of which, according to the conclusion of a medical organization, was alcohol, narcotic or other toxic intoxication (poisoning) of the victim, not associated with violations of the technological process in which industrial alcohols, aromatic, narcotic and other toxic substances are used;

an accident that occurred when the victim committed actions (inactions) qualified by law enforcement agencies as a criminal offense.

An accident at work is an insured event if it occurs with the insured or another person subject to compulsory social insurance against accidents at work and occupational diseases.

If, during the investigation of an accident with the insured, it is established that the gross negligence of the insured contributed to the occurrence or increase of harm caused to his health, then, taking into account the conclusion of the elected body of the primary trade union organization or another body authorized by the employees, the commission (in the cases provided for by this Code, a state labor inspector who independently conducts accident investigation) establishes the degree of fault of the insured as a percentage.

Part nine is no longer valid.

The regulations on the specifics of the investigation of industrial accidents in certain industries and organizations and the forms of documents required for the investigation of accidents are approved in the manner established by the federal executive body authorized by the Government of the Russian Federation.

Article 229.3. Investigation of accidents by state labor inspectors

State labor inspector upon detection of a hidden accident, receipt of a complaint, statement, or other appeal from the victim (his legal representative or other authorized representative), a person who was dependent on the deceased as a result of an accident, or a person who was closely related to him or her ( their legal representative or other authorized representative), about their disagreement with the conclusions of the accident investigation commission, as well as upon receipt of information that objectively indicates a violation of the investigation procedure, conducts an additional investigation of the accident in accordance with the requirements of this chapter, regardless of the statute of limitations of the accident . An additional investigation is carried out, as a rule, with the involvement of a trade union labor inspector, and, if necessary, representatives of the relevant federal executive body exercising state control (supervision) in the established field of activity, and the executive body of the insurer (at the place of registration of the employer as an insured). Based on the results of an additional investigation, the state labor inspector draws up a conclusion about an industrial accident and issues an order that is mandatory for the employer (his representative).

The state labor inspector has the right to oblige the employer (his representative) to draw up a new report on an industrial accident if the existing report is drawn up with violations or does not correspond to the materials of the accident investigation. In this case, the previous report on an industrial accident is declared invalid based on the decision of the employer (his representative) or the state labor inspector.

Article 230. Procedure for preparing accident investigation materials

For each accident, qualified by the results of the investigation as an industrial accident and entailing the need to transfer the victim in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, to another job, loss of his ability to work for a period of at least one day or the death of the victim, an industrial accident report is drawn up in the prescribed form in two copies, having equal legal force, in Russian or in Russian and the state language of the republic that is part of the Russian Federation.

In case of a group accident at work, a report on the accident at work is drawn up for each victim separately.

In the event of an industrial accident with the insured, an additional copy of the industrial accident report is drawn up.

The report on an industrial accident must set out in detail the circumstances and causes of the accident, and also indicate the persons who committed violations of labor protection requirements. If the fact of gross negligence of the insured is established, which contributed to the occurrence of harm or an increase in harm caused to his health, the act indicates the degree of guilt of the insured in percentage, established based on the results of the investigation of the industrial accident.

After completion of the investigation, the report on the industrial accident is signed by all persons who conducted the investigation, approved by the employer (his representative) and certified by a seal (if there is a seal).

The employer (his representative), within three days after completion of the investigation of the industrial accident, is obliged to issue one copy of the industrial accident report approved by him to the victim (his legal representative or other authorized person), and in the event of a fatal industrial accident - to the persons dependents of the deceased, or persons who were closely related or related to him (their legal representative or other authorized person), at their request. The second copy of this act, together with the investigation materials, is stored for 45 years by the employer (his representative), who, by decision of the commission, records this industrial accident. In case of insured events, the employer (his representative) sends the third copy of the report on the industrial accident and copies of the investigation materials to the executive body of the insurer (at the place of registration of the employer as an insured) within three days after completion of the investigation of the industrial accident.

In the event of an industrial accident that occurs with a person sent to perform work for another employer and participating in his production activities (part five of Article 229 of this Code), the employer (his representative) who experienced the accident sends a copy of the accident report at production and copies of investigation materials at the victim’s place of main work (study, service).

Based on the results of the investigation of an accident qualified as an accident not related to production, including a group accident, a serious accident or a fatal accident, a commission (in the cases provided for by this Code, a state labor inspector who independently conducted the investigation of the accident) draws up an act on the investigation of the relevant accident in the prescribed form in two copies, having equal legal force, which are signed by all persons who conducted the investigation.

The results of the investigation of an industrial accident are considered by the employer (his representative) with the participation of the elected body of the primary trade union organization to take measures aimed at preventing industrial accidents.

Article 230.1. The procedure for registration and recording of industrial accidents

Each industrial accident registered in accordance with the established procedure is registered by the employer (his representative), who, in accordance with the decision of the commission (in the cases provided for by this Code, a state labor inspector who independently conducted an investigation of the industrial accident), records it in the register of industrial accidents in the prescribed form.

One copy of the report on the investigation of a group industrial accident, a serious industrial accident, a fatal industrial accident, together with copies of the investigation materials, including copies of reports on the industrial accident for each victim, by the chairman of the commission (in the cases provided for by this Code state labor inspector who independently conducted the investigation of the accident) is sent to the prosecutor's office to which the accident was reported within three days after submission to the employer. The second copy of the said act, along with the investigation materials, is kept for 45 years by the employer who experienced the accident. Copies of this act, together with copies of the investigation materials, are sent: to the relevant state labor inspectorate and the territorial body of the relevant federal executive body exercising state control (supervision) in the established field of activity - for industrial accidents that occurred in organizations or facilities under the control of to this body, and in case of an insured event - also to the executive body of the insurer (at the place of registration of the employer as an insured).

Copies of reports on the investigation of industrial accidents (including group ones), as a result of which one or more victims received severe health injuries, or industrial accidents (including group ones) that resulted in death, together with copies of reports on the accident at production for each victim are sent by the chairman of the commission (in cases provided for by this Code, a state labor inspector who independently conducted an investigation of the industrial accident) to the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor standards rights, and the corresponding territorial association of trade union organizations to analyze the state and causes of industrial injuries in the Russian Federation and develop proposals for its prevention.

At the end of the period of temporary disability of the victim, the employer (his representative) is obliged to send to the relevant state labor inspectorate, and, if necessary, to the territorial body of the relevant federal executive body exercising state control (supervision) in the established field of activity, a message in the prescribed form about the consequences accident at work and measures taken to prevent accidents at work.

Article 231. Consideration of disagreements on issues of investigation, registration and recording of accidents

Disagreements regarding the investigation, registration and recording of accidents, non-recognition by the employer (his representative) of the fact of an accident, refusal to investigate the accident and draw up an appropriate act, disagreement of the victim (his legal representative or other authorized person), and in case of fatal accidents outcome - persons who were dependent on the deceased as a result of an accident, or persons who were closely related or related to him (their legal representative or other authorized representative), with the contents of the accident report are considered by the federal executive body authorized to implement the federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, and its territorial bodies, whose decisions can be appealed to the court. In these cases, filing a complaint is not a reason for the employer (his representative) to fail to comply with the decisions of the state labor inspector.

Part three

Section X. Labor protection

Chapter 38. Financial liability of the employer to the employee

ST 219 Labor Code of the Russian Federation:

Every employee has the right to:

, meeting labor protection requirements;
compulsory social benefits against industrial accidents and occupational diseases in accordance with federal law;
obtaining reliable information from the employer, relevant government bodies and about labor conditions and safety in the workplace, about the existing risk of damage to health, as well as about measures to protect against exposure to harmful and (or) hazardous production factors;
refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for by federal laws, until such danger is eliminated;
provision of personal and collective protective equipment in accordance with labor protection requirements at the expense of the employer;
training in safe labor methods and techniques at the expense of the employer;
additional professional education at the expense of the employer in the event of liquidation of a workplace due to violation of labor protection requirements;
a request for an inspection of labor conditions and labor protection at his workplace by a federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing norms, other federal executive bodies exercising state control (supervision) in the established
field of activity, executive authorities carrying out state examination of working conditions, as well as trade union control bodies over compliance with labor legislation and other acts containing labor law norms;
appeal to state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation and authorities, to the employer, to associations of employers, as well as to trade unions, their associations and other representative bodies authorized by employees on labor protection issues;
personal participation or participation through his representatives in the consideration of issues related to ensuring safe working conditions at his workplace, and in the investigation of an industrial accident or occupational disease that has occurred to him;
an extraordinary medical examination in accordance with medical recommendations with retention of his place of work (position) and average earnings during the said medical examination;
guarantees and compensation established in accordance with this Code, agreement, local regulations, if he is employed in work with harmful and (or) dangerous working conditions.

Commentary on Article 219 of the Labor Code of the Russian Federation:

The implementation of the constitutional right to work in conditions that meet the rules of safety and hygiene lies in the fact that, specifying this right in Art. 219 of the Labor Code, the state simultaneously determines its guarantees and imposes them on the employer in accordance with Art. 212 of the Labor Code, the obligation to ensure safe conditions and labor protection for workers, also provides, in accordance with Art. 419 of the Labor Code, the need for state control (supervision) over compliance with labor protection requirements and establishes the responsibility of persons guilty of violating labor protection requirements.

Many of the employee’s rights in the field of labor protection, enshrined in the commented article, are specified in other articles of section. X "Occupational Safety and Health" TC. Thus, many of the employee’s rights (to a workplace that meets labor protection requirements, to information about working conditions in the workplace, etc.) correspond to the employer’s obligations enshrined in Art. 212 TK. Individual employee rights are considered simultaneously with the guarantees enshrined in Art. 220 TK. Very important is the employee’s right to receive reliable information from the employer, relevant government bodies and public organizations about labor conditions and safety in the workplace, about the existing risk of damage to health, as well as about measures to protect against exposure to harmful and (or) hazardous production factors. This right of workers is ensured by state guarantees to protect their right to work in conditions that meet labor protection requirements (Part 1 of Article 220 of the Labor Code).

In this regard, it is important that the commented article provides for the possibility of an employee refusing to perform work in the event of a danger to his life and health due to violation of labor protection requirements. It should be noted that in accordance with Part 7 of Art. 220 of the Labor Code, such a refusal, as well as refusal to perform heavy work and work with harmful and (or) dangerous working conditions not provided for by the employment contract, does not entail the employee being subject to disciplinary liability. If in such situations it is impossible to provide the employee with another job, then it seems that the employee’s downtime should be paid in accordance with Art. 157 of the Labor Code as a downtime through no fault of his own.

The employee has the right to be provided, free of charge at the employer’s expense, with personal and collective protective equipment according to the standards and terms of use provided for by labor legislation, and these means must be of proper quality (see commentary to Article 221 and commentary to Article 212).

An employee has the right to training in safe work methods and techniques at the employer’s expense, starting from the moment he is hired. Such training is carried out through preliminary, ongoing and other types of instruction, as well as the organization of group or individual technical training in various forms (see commentary to Article 225).

In accordance with paragraph. 14th century 356 of the Labor Code, the right of an employee to request an inspection of labor conditions and safety at his workplace by state control (supervision) bodies corresponds to the corresponding powers of these bodies.

An employee has the right, personally or through his representatives, to participate in the consideration of issues related to ensuring safe working conditions in the workplace, as well as in the investigation of an accident at work or an occupational disease that occurred to him.

In accordance with medical recommendations, the employee has the right to an extraordinary medical examination (examination) while maintaining his place of work and average earnings for this time. A similar medical examination under the same conditions can be carried out in a hospital (see commentary to Article 185).

Employees engaged in heavy work and work with harmful and (or) dangerous working conditions have the right to compensation established by law, collective or labor contract (agreement).

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