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How to create a system of labor protection in the enterprise. Special assessment of working conditions: fines and sanctions Penalty for the absence of worries in the organization

Creating a safe working environment for company employees is the direct responsibility of any employer. The legislation obliges enterprises to clearly regulate all processes related to the safety of employees. We'll show you how.

Occupational safety management system at the enterprise

What is an occupational health and safety (OHS) management system?

This is a business process consisting of the following elements:

  1. Policy and goals in the field of safety of employees of a particular company. For example, the goal of an organization may be to reduce or avoid accidents at work.
  2. Procedures to achieve the stated goals. Procedures are carried out with the help of regulatory documents, actions of employees, material and technical resources.

In practice, to create an OT management system in an organization, it is necessary:

  • determine the levels of responsibility: from the head of the company to the ordinary employee;
  • allocate OT responsibilities among employees;
  • implement specific activities and procedures;
  • describe all this in company documents.

In enterprises with fewer than 15 employees, the OMS may have a simplified structure, but all the requirements of labor protection legislation must be fully observed.

What should be included in the regulation on the system of labor protection?

The main document will be the Regulation on the OSMS, which should exist in every organization. The Ministry of Labor of Russia, by order of August 19, 2016 N 438n, approved the Model Regulations on the OSMS, which should be followed when drawing up a document specifically for your company (you can download it at the end of the article).

The Regulation should include the following information:

  • the policy and objectives of the employer in the field of labor protection (introductory section);
  • distribution of duties and responsibilities between employees of the organization at all levels of management: who does what and is responsible for what;
  • procedures: what exactly and how will be done to comply with the requirements of the law and achieve the goals of the company (training employees, assessing working conditions, issuing protective equipment, investigating accidents, monitoring the situation at the enterprise, etc.).

It is also necessary to reflect the duties, responsibilities and specific actions of employees involved in the OSMS in job descriptions and employment contracts, internal regulations of the organization that regulate other processes (for example, production and technical regulations). All these documents must be logically related to each other and not have contradictions, comply with the norms of the law.

What threatens the absence of OSS?

Since the presence of an OSMS is a mandatory requirement of legislation in the field of labor protection (

Article 143 of the Criminal Code of the Russian Federation. Violation of labor protection requirements

1. Violation of labor protection requirements committed by a person who is entrusted with the obligation to comply with them, if this negligently entailed the infliction of grievous harm to human health.

  • a fine of up to RUB 400,000 or in the amount of wages or other income of the convicted person for a period of up to eighteen months;
  • compulsory labor for a period of 180 to 240 hours, or correctional labor for a period of up to 2 years, or forced labor for a period of up to one year;
  • imprisonment for the same term with or without deprivation of the right to hold certain positions or engage in certain activities for up to one year.

2. The act provided for by the first part of this article, which negligently caused the death of a person.

  • forced labor for up to four years;

3. The act provided for by the first part of this article, which negligently caused the death of two or more persons.

  • forced labor for up to five years;
  • imprisonment for the same term with or without deprivation of the right to occupy certain positions or engage in certain activities for up to three years.

Article 5.27 of the Code of Administrative Offenses of the Russian Federation Violation of the state regulatory requirements for labor protection contained in federal laws and other regulatory legal acts Russian Federation

1. Violation labor law and other regulatory legal acts containing norms labor law, unless otherwise provided by parts 2 and 3 of this article and article 5.27.1 of this Code, entails a warning or the imposition of an administrative fine

  • for officials from 1000 to 5000 rubles
  • on persons carrying out entrepreneurial activity without formation of a legal entity, from 1000 to 5000 rubles

2. Actual assumption to work by a person not authorized to do so by the employer, if the employer or his authorized representative refuses to recognize the relationship that has arisen between the person actually admitted to work and this employer, labor relations (does not conclude with a person actually admitted to work , employment contract), entails the imposition of an administrative fine

  • for citizens from 3,000 to 5,000 rubles;
  • for officials from 10,000 to 20,000 rubles.

3. Evasion of registration or improper registration employment contract or the conclusion of a civil law contract that actually regulates labor Relations between the employee and the employer, entails the imposition of an administrative fine

  • for officials from 10,000 to 20,000 rubles;
  • for persons engaged in entrepreneurial activities without forming a legal entity, from 5,000 to 10,000 rubles;
  • on legal entities from 50,000 to 100,000 rubles.

4. The commission of an administrative offense, provided for by part 1 of this article, by a person previously subjected to administrative punishment for a similar administrative offense entails the imposition of an administrative fine

  • for officials from 1000 to 5000 rubles;
  • for persons engaged in entrepreneurial activities without forming a legal entity, from 1,000 to 5,000 rubles;
  • for legal entities from 30,000 to 50,000 thousand rubles.

5. The commission of the administrative offenses provided for by part 2 or 3 of this article by a person previously subjected to administrative punishment for a similar administrative offense shall entail the imposition of an administrative fine.

  • for citizens 5,000 rubles;
  • on officials disqualification for a period of one to three years;
  • for persons engaged in entrepreneurial activities without forming a legal entity, from 30,000 to 40,000 rubles;
  • for legal entities from 100,000 to 200,000 thousand rubles.

Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation Violation of state regulatory requirements for labor protection contained in federal laws and other regulatory legal acts of the Russian Federation

1. Violation of the state regulatory requirements for labor protection contained in federal laws and other regulatory legal acts of the Russian Federation, with the exception of cases provided for in parts 2 - 4 of this article, entails a warning or the imposition of an administrative fine

  • for officials from 2000 to 5000 rubles;
  • for persons engaged in entrepreneurial activities without forming a legal entity, from 2,000 to 5,000 rubles4
  • for legal entities from 50,000 to 80,000 thousand rubles.

2. Violation by the employer of the established procedure for conducting a special assessment of working conditions at workplaces or its failure to conduct a warning or the imposition of an administrative fine

  • for officials from 5,000 to 10,000 rubles;
  • for persons engaged in entrepreneurial activities without forming a legal entity, from 5,000 to 10,000 rubles;
  • for legal entities from 60,000 to 80,000 rubles.

3. The admission of an employee to the performance of his labor duties without undergoing training in the prescribed manner and testing knowledge of labor protection requirements, as well as mandatory preliminary (when applying for a job) and periodic (during labor activity) medical examinations, mandatory medical examinations at the beginning of the working day (shift), mandatory psychiatric examinations or, in the presence of medical contraindications, shall entail the imposition of an administrative fine

  • for officials from 15,000 to 25,000 thousand rubles
  • for persons engaged in entrepreneurial activities without forming a legal entity, from 15,000 to 25,000 rubles
  • for legal entities from 110,000 to 130,000 rubles.

UNDER THIS PARAGRAPH, PENALTIES ARE ADDED FOR VIOLATIONS FOR EACH EMPLOYEE

4. Failure to provide employees with personal protective equipment entails the imposition of an administrative fine

  • for officials in the amount of 20,000 to 30,000 rubles;
  • for persons engaged in entrepreneurial activities without forming a legal entity, from 20,000 to 30,000 rubles;
  • for legal entities - from 130,000 to 150,000 rubles.

5. The commission of administrative offenses provided for in parts 1-4 of this article by a person previously subjected to administrative punishment for a similar administrative offense shall entail the imposition of an administrative fine

  • for officials from 30,000 to 40,000 rubles or disqualification for a period of one to three years;
  • for persons engaged in entrepreneurial activities without forming a legal entity, from 30,000 to 40,000 rubles or an administrative suspension of activities for up to ninety days;
  • for legal entities from 100,000 to 200,000 rubles or an administrative suspension of activities for up to ninety days.

Article 19.5 of the Code of Administrative Offenses of the Russian Federation. Failure to timely comply with a legal order (decree, presentation, decision) of the body (official) exercising state supervision (control)

6. Failure to comply within the established period or improper execution of a lawful order of an official of a federal body executive power exercising federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, shall entail the imposition of an administrative fine

  • for officials from 30,000 to 50,000 rubles or disqualification for a period of one to three years;
  • for persons engaged in entrepreneurial activities without forming a legal entity, from 30,000 to 50,000 rubles;
  • for legal entities - from 100,000 to 200,000 rubles.

I welcome everyone!

Subject of the article: OSH at the enterprise, labor protection management system, STB 18001-2009.

So, is it mandatory for every private construction organization to have a labor protection management system? Where is a direct rule established that organizations need to have an occupational safety and health management system?

We will consider these questions in this article.

I will make a reservation in advance that I express my legal opinion. You can either agree with him or disagree with him. This article is not a guide to action (inaction). The article is posted so that private construction companies can, using the article, independently analyze the legislation and form their opinion on the mandatory existence of an OSMS within the framework of the legislation in force at the time of writing the article.

In general, I am not against the fact that the labor protection management system (OSMS) is in construction organizations. Such a system, of course, is a plus for any organization. But the creation of each system entails significant costs for the business, in addition, the OSMS is a system that is subject to mandatory assessment of compliance with the requirements of TNLA, that is, the OSMS also needs to be certified.

Therefore, I receive many requests to describe the situation with the mandatory implementation of an OSMS in private construction companies.

For construction organizations and so are available and are binding system production control in accordance with the requirements of the TCH (technical code of established practice), since the beginning of 2016, the quality management system (i.e. quality management system) in accordance with the changes made to the technical regulation on safety in construction in 2015.

Let's see which NLA or TNLA establishes the requirements for the creation and implementation of an OSMS.

I personally did not find a direct rule in the legislation that says that such and such organizations of all forms of ownership or organizations in such and such a sphere are required to have an OSMS. Found only an indirect mention.

I had to turn to the Internet.

Specialized sites refer to the following main RLAs and RLAs that contain the requirement.

  1. The obligatory requirement for the presence of an OSMS in construction organizations is contained in the Law of the Republic of Belarus "On labor protection", namely, in article 17 of this law.

This article first lists the obligations of the employer, and then in the second part it is indicated that the employer in addition to other duties, it is also responsible on the development, implementation and maintenance of the functioning of the labor protection management system.

Is this a direct rule? obliging construction organizations to have an OSMS. I don't think so.

In my subjective opinion, the Law simply lists what the employer, and not the employee, is responsible for, for example. But that doesn't say anything yet. For example, the employer is required by law to comply with the terms of the collective agreement. This is also his duty. But according to the same legislation, a collective agreement may or may not exist in an organization. There are many such examples. Some may say that the comparison is inappropriate, but I am trying to get readers to look at the norm of article 17 of the above law from the other side. I am trying to convey that this is not a direct rule that all construction organizations are required to develop and implement an OSMS. Listing the obligations of employers or employers is only an indirect norm.

In addition, the very legislation governing the creation and implementation of an OSMS may contain rules according to which an OSMS is mandatory, for example, for implementation only by government organizations.

Or, for example, how to get around the fact that, according to the Law of the Republic of Belarus "On technical regulation and standardization", article 20, all state standards in the Republic of Belarus are voluntary for use. A STB 18001-2009 “Occupational safety management systems. General requirements”, which regulates the issue of the creation and implementation of an OSMS is precisely the state standard. Such a standard can become mandatory only in the following cases:

- if in technical regulations given a link to state standard, then the requirements of this state standard become mandatory;

if the manufacturer or supplier of products (services) voluntarily applied the state standard and declared the conformity of their products (services) to it (using the designation of the state standard in product labeling, transport or consumer packaging, operational or other documentation), and also if the product (service) of the manufacturer or supplier is certified for compliance with the requirements state standard, compliance with the requirements of the state standard becomes mandatory for them.

Respectively, as far as I remember, there is no technical regulation on labor protection in the Republic of Belarus, and construction organizations do not voluntarily apply the state standard STB 18001-2009 for OSMS, at least I have not met such construction organizations. Maybe some big cities do it. construction companies. Currently, more and more private construction companies have begun to implement an OSMS, but they do it not on a voluntary basis, but because from all sides, including the Internet, there is information about the mandatory availability of an OSMS.

  1. The requirements for the obligatory presence of an OSMS in construction organizations are contained in the Rules for concluding construction contracts, which are approved by the Resolution of the Council of Ministers of the Republic of Belarus dated 15.09.1998. No. 1450. There is a statement that without the presence of an OSMS, the contract can be declared invalid (or not concluded).

I cannot agree with this statement.

So, in accordance with these rules, a construction contract is concluded if the contractor has:

— documents confirming the right to carry out architectural, urban planning and construction activities, in cases provided for by law;

- in the staff of certified specialists.

Then a separate paragraph is indicated: “The contractor must provides to the customer intelligence on the availability of construction machines, equipment and mechanisms, Vehicle, technological equipment necessary for the construction of the facility (execution construction works), as well as systems for production control and labor protection management, means for ensuring the safety of work, control and measurement, quality management systems for the performance of construction work.

Tell me, is this, in your opinion, a direct rule of law that establishes the obligation for all construction organizations to have an OSMS? For me, no.

Can the phrase “provides information about the presence of something” be a norm that obliges to implement and certify an OSMS. For me, no.

What does "provides information" mean? In what form?

In addition, reports availability, for example, for me it means that the contractor reports whether he has this or that equipment or not Does the organization have a system or not and so on. This is not the norm, in my humble opinion, establishing the obligation of all private construction organizations to have an OSMS.

In addition, in paragraph 8. and 8.2. of the Rules, without which the contract cannot be concluded. And after the phrase, the contractor must have certified specialists on staff there is a punctuation mark - a period. paragraph indicating various systems quality, OSMS and so on is separated from the listing of requirements for concluding a construction contract.

Therefore, my opinion is that a construction contract concluded without an OSMS cannot be recognized as invalid or not concluded.

  1. The requirement for the mandatory presence of an OSMS is contained in the Decree of the Council of Ministers of the Republic of Belarus dated 16.08.2005 No. No. 905 "On the Republican target program on improvement of working conditions and labor protection for 2006-2010”.

But this ruling is program only and plus everything, it applies to republican governments, state organizations and other government officials. Therefore, the reference to this decision personally does not mean anything to me.

I also note that on some sites links to the wrong article caught my eye, on other sites links to the already inactive normative legal act.

Also on the Internet it is indicated that the absence of an OSMS at the enterprise entails liability in the amount of up to 50 basic units. Where did they get this from, I do not understand, because on this moment the sanction for violation of labor protection rules contained in the RLA and TNLA is a maximum of 40 b.v., and a fine of 50 b.v. can only be obtained in case of repeated violation. In addition, there is no fixed direct requirement in the legislation that all private construction companies, as well as non-construction private companies, have an implemented and certified OSMS, so the absence of an OSMS is not a violation of labor protection rules and the sanction in this case cannot be applied.

In general, after analyzing the legislation and the Internet, for example, I did not find a reference to a regulatory legal act, including a technical regulatory legal act, where it would be indicated in black and white that all construction organizations, including private ones, are required to create and implement own SWOT. All I have seen are indirect references from which the need for every company to implement an OSMS is pulled by the ears.

What should I say, even if when submitting documents for certification in construction, one of qualification requirements for organizations and entrepreneurs is the availability labor protection systems, including confirmation of the knowledge test on labor protection issues of the head, his deputies and the person responsible for labor protection in the manner prescribed by law.

That is, the presence of not a system management labor protection ( SWOT), but the presence of a labor protection system, which is usually created by default in many organizations. That is, this is the regulation on labor protection and safety, orders for the appointment of those responsible for labor protection, this is the passage of courses by the head of the organization, his deputies and those responsible for labor protection of courses on labor protection in the local executive committee. But this is not the creation of an SWAT. This is not a certification of the implemented OSMS, which is mandatory in terms of legislation, as it is subject to mandatory conformity assessment. Certificates of conformity in construction are issued without an attachment to the documents of the OSMS certificate. It is a fact.

Thus, I want to clarify that I am not at all against SWOT. Most likely, for any big company, especially if we are talking about production, OSMS is very useful. But do not forget about private construction companies with a staff of, for example, 5 people, for whom it is quite enough to have a position on labor protection and safety, to have job descriptions, conduct primary and subsequent briefings on labor protection, take courses at the executive committee with the receipt of labor protection certificates, and so on. They do not need to implement and certify an OSMS.

And most importantly, why they do not need to do this is that the legislation does not contain a rule on the mandatory implementation of an OSMS for private construction companies.

What needs to be done to eliminate indirect references and “pulling by the ears” of the obligatory presence of an OSMS: the legislator should provide a direct rule on the mandatory presence of a certified OSMS in each company in the Law of the Republic of Belarus “On Labor Protection” or in some separate Resolution of the Council of Ministers of the Republic of Belarus and then for me personally, for example, all controversial issues will immediately disappear.

But the SWOT is expensive and not every company can afford it, and I would not introduce it as mandatory for everyone.

That's all.

Thank you for your attention.

Watch the video of our channel, read the news and articles on the site and remember that everyone should mind their own business, so entrust legal issues to lawyers.

There will be no unnecessary controversy - the presence of a labor protection management system is mandatory in every organization, regardless of the size of the staff or the specifics of the activity. So you will not find surprises in the answer to the question whether it is mandatory or voluntary to develop an OSMS. But how the security management system will be useful to you, we will just tell you in this article.

SWOT - mandatory and voluntary

Let's remember, "why all of a sudden" we should be puzzled by this question. It is the duty of every employer to develop and implement a labor protection management system, in accordance with Article 212 of the Labor Code of the Russian Federation. And in August 2016, the Ministry of Labor clarified its content by approving it.

SWOT - voluntary and useful

In our experience, we counted at least 5 positive arguments in favor of developing an OSMS. The development of an occupational safety and health management system is a great opportunity to:

  • allocate labor protection responsibilities in the most efficient way;
  • understand the intricacies of organizing and carrying out measures to improve labor;
  • bring a new labor protection specialist up to date and transfer work to him;
  • gain competitive advantages in the fight for the tender;
  • to simplify the work of the GIT inspector in case of verification.

SWOT. What is the risk of absence?

According to article 5.27.1 of the Code of Administrative Offenses of the Russian Federation, violation of the requirements of 212 of the Labor Code of the Russian Federation (ensuring safe working conditions for workers) entails the imposition of an administrative fine on officials in the amount of one to five thousand rubles, on persons engaged in entrepreneurial activities without forming a legal entity - from one up to five thousand rubles or an administrative suspension of activities for a period of up to 90 days, for legal entities - from thirty to fifty thousand rubles or an administrative suspension of activities for a period of up to 90 days. We, perhaps, will not frighten with possible fines for repeated misconduct - it is easy to assume that they are many times larger.

To summarize: is it mandatory or voluntary to develop an OSMS?

In any case, in the question “Is it voluntary or mandatory to have an OSMS? » We recommend that you stay on course for efficiency. With this approach, the requirements of the legislation are carried out with much more enthusiasm, verified by our own experience!

To date, the development and implementation of a labor protection management system in Belarusian organizations is a mandatory requirement of the legislation (Article 17 of the Law "On Labor Protection", paragraph 10 of the Intersectoral general rules on labor protection). Many companies have already implemented and are working within the framework of an OSMS. Someone is just now starting to develop the system.

In this regard, leaders have many questions. Of course, some of them are highly specialized and relate purely to a single enterprise. But there are also general ones - the answers to which are of interest or are important for every leader. Based on my experience, this is roughly the following list of questions:

  1. Why do we labor protection (OT) or labor protection management system (OSMS)?
  2. What is the difference between OT and SOOT? What exactly do we need to implement?
  3. What lists of documents are included in the OT and OSMS?
  4. How to develop, where to find specialists?
  5. We all work at computers, there is no production, do we also need to implement an OSMS?
  6. We don't have an OT specialist or an OT service in our organization, do we need to implement an OSMS?
  7. Will we benefit from the implementation of an OSMS?
  8. What is the responsibility for the lack of an OSMS?

Often, the heads of organizations simply have nowhere to get answers, and when contacting consulting companies You may have the feeling that they are trying to impose unnecessary services on you.

Executives have nowhere to get answers, and consulting companies impose their services

Indeed, today often companies that offer their services for the implementation of an OSMS do not have the necessary experience and knowledge, are not accredited by the Ministry of Labor and Social Protection to provide services in the field of labor protection, and therefore do not have the right to implement an OSMS in your organization at all. In this case, they limit themselves to providing you with slightly modified templates of documents taken from the Internet. about any working system, developed taking into account all the requirements of the law, of course, out of the question - their work resembles a student's course project. All this ends at the first check.

At the same time, unfortunately, the customer, due to the lack of the necessary qualifications in the field of labor protection, cannot assess the literacy of the work performed, puts the templates issued by the "developers" on the shelf, not realizing that such an OSMS is completely equal to its absence.


First of all, in order to understand what you need to implement, you need to clearly distinguish between OSMS and OTS.

Occupational safety is a system for ensuring the safety of life and health of workers in the course of work, including legal, socio-economic, organizational, technical, psycho-physiological, sanitary and hygienic, therapeutic, preventive, rehabilitation and other measures and means. (Article 221, Code of the Republic of Belarus dated July 26, 1999 N 296-З (as amended on July 1, 2014) " Labor Code The Republic of Belarus".

OT includes the requirements of local regulatory legal acts (internal regulations, standards, orders of the organization), as well as instructions contained in the legislation of the Republic of Belarus.

Occupational health and safety management system- is part of the overall management system that contributes to the management of risks in the field of labor protection associated with the activities of the organization.

OSMS includes organizational structure, planning, responsibility, practical activities, procedures, processes and resources for the development, implementation, implementation, analysis and maintenance of the enterprise's policy in the field of labor protection, as well as a manual that regulates the procedure for managing safe working conditions in the organization and in its structural divisions.

Thus, OT is an integral component SWOT.

According to article 17 of the Law "On labor protection" "the employer is obliged to ensure the development and implementation of the labor protection management system in the organization." Therefore, the answer to the question of whether it will be enough to ensure the functioning of OT in an organization without the introduction of an OSMS is unequivocal - no! The implementation of an OSMS is a legal requirement for any organization.

At the same time, the system should specifically reflect the specifics of the organization's activities and describe in detail the procedures for labor protection, with reference to the structure, staff, production processes and, among other things, determine official duties leaders and specialists.

How to develop an OSS?

The creation and implementation of an OSMS at an enterprise includes the following stages:

  1. Analysis of the operating system of the enterprise;
  2. Development (adjustment of the existing) OSMS;
  3. Implementation of the developed OSMS;
  4. Self-assessment of the OSMS or certification of the OSMS external organization;
  5. Monitoring the state of conditions and labor protection and the functioning of the OSMS at the enterprise;
  6. Analysis of the state of conditions and labor protection at the enterprise.

In accordance with the requirements of STB 18001-2009 “Occupational health and safety management systems. Requirements":

For an enterprise, and especially for its leaders, it is important to know what should a developed and implemented OSMS “look like” to comply with the requirements of the legislation of the Republic of Belarus. As a result of the development of an OSMS, the enterprise receives a number of documents, which include:

  1. The OSMS Guide is a kind of guide to an OSMS, which briefly describes the key elements of an OSMS and the interaction between the various parts of this system;
  2. OSMS procedures (a procedure is a way to carry out an activity or process. Procedures may or may not be documented. Procedures are documented in the form of enterprise standards, methodological instructions, regulations, procedures, instructions, etc.);
  3. Work Instructions - designed for workers performing specific OSH tasks. Includes: safety instructions, technological instructions and regulations technological process, instructions for safe operation equipment, process diagrams, tables, graphs, etc.;
  4. Records - documents containing information about the results achieved or evidence of the implementation of certain activities. They include: acts on accidents, occupational diseases, accidents and incidents, inconsistencies, other acts, journals, minutes of meetings, knowledge tests, certificates, various reports, etc.

The OSMS developed and implemented at the enterprise allows:

  • ✔ identify industrial hazards;
  • ✔ assess the risks of death and injury to workers;
  • ✔ prevent, and therefore prevent, accidents at work (organizations);
  • ✔ reduce the risk of occupational diseases and related costs;
  • ✔ develop and implement effective measures to reduce the costs of activities related to public safety.

Occupational safety management system in construction

Special attention the issue of creating and implementing a labor protection management system is given in relation to construction organizations, the specifics of whose work is associated with increased occupational hazard and significant risks of death and injury to workers. New Rules for concluding and executing construction contracts came into force (Decree of the Council of Ministers No. 1450 of September 15, 1998, as amended by Resolution of the Council of Ministers No. 301 of April 1, 2014).

Clause 8 of these rules says that a construction contract can be concluded if the contractor has a labor protection management system; the same requirement applies to all subcontractors.

If the building contract is concluded in contradiction to this requirement of the legislation, then by virtue of Article 170 Civil Code Republic of Belarus the transaction is void. Consequences of such an insignificant transaction: everything is collected in the income of the Republic of Belarus received by them under the transaction, and in the event of the execution of the transaction by one party with the other, everything received by it and everything due from it to the first party is collected in the income of the Republic of Belarus.

For other deals, for other kinds economic activity the legislation of the Republic of Belarus does not contain such a strict requirement for the presence of an OSMS.

The legislation of the Republic of Belarus establishes administrative and criminal liability for violations of labor protection requirements.

  • ✔ Administrative - fines up to 1150 rubles.
  • ✔ Criminal - up to 7 years in prison.

Note!

  1. The republic has about five thousand regulatory and technical regulatory legal acts that regulate safety requirements. The employer is obliged to determine the list of those documents that regulate the safety requirements of employees of his organization, taking into account the types of activities, then study these requirements and develop local regulatory legal acts.
  2. The volume of internal documents on labor protection is quite large. The person responsible for labor protection must have the knowledge to properly develop and apply these documents in practice.

Summing up, I would like to note once again: OSMS is mandatory for implementation in any enterprise. Today, it is the lack of an implemented system that often becomes the main violation in the instructions of inspection bodies. Since 2016, they began to approach the verification of the OSMS with particular care, in connection with which today the interest in the relevant specialists has greatly increased.

However, in my opinion, small businesses should not hire the position of an occupational safety engineer, if this is not a direct requirement of the law. It will be easier, more reliable and cheaper to outsource the services of a freelance OT specialist. This way you will get more qualified help.

The group of companies "Quality Standard" is accredited by the Ministry of Labor and Social Protection of the Republic of Belarus to provide services in the field of labor protection. Our qualified specialists will help you solve any difficulties related to the organization of the labor protection management system. We will train your employees, develop and implement all Required documents in strict accordance with the law.

Svetlana Kruk,
Development and Implementation Specialist
labor protection management systems

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