ORDER OF THE MINISTRY OF LABOUR AND SOCIAL PROTECTION OF THE RUSSIAN FEDERATION
AND THE FEDERAL SERVICE OF THE RUSSIAN FEDERATION ON WORK AND EMPLOYMENT

of August 23, 2019 No. 235

About approval of Administrative regulations of implementation by Federal Service for Labour and Employment of federal state supervision of observance of established procedure of investigation and accounting of labor accidents

According to Item 2 of Article 2, Item 3 of part 2 of article 4 of the Federal Law of December 26, 2008 No. 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control" (The Russian Federation Code, 2008, No. 52, Art. 6249; 2011, No. 30, Art. 4590; 2014, No. 11, Art. 1092, No. 26, Art. 5366, No. 42, Art. 5615; 2015, No. 18, Art. 2614; 2016, No. 27, Art. 4210; 2018, No. 29, Art. 4376, No. 32, Art. 5109, No. 32, Art. 5114; Official Internet portal of legal information http://www.pravo.gov.ru/), paragraph the eighth article 356 of the Labor Code of the Russian Federation (Russian Federation Code, 2002, No. 1, Art. 3; 2006, No. 27, Art. 2878; 2008, No. 30, Art. 3613; 2009, No. 40, Art. 760; 2011, No. 30, Art. 4590; 2013, No. 52, Art. 6986; The Official Internet portal of legal information www.pravo.gov.ru), Item 2 of Rules of development and approval of the administrative regulations of implementation of the state control (supervision) approved by the order of the Government of the Russian Federation of May 16, 2011 No. 373 "About development and approval of administrative regulations of implementation of the state control (supervision) and administrative regulations of provision of the state services" (The Russian Federation Code, 2011, No. 22, Art. 3169; 2018, to No. 46, of the Art. 7050), I order:

Approve the enclosed Administrative regulations of implementation by Federal Service for Labour and Employment of federal state supervision of observance of established procedure of investigation and accounting of labor accidents, according to appendix.

Appendix

to the Order of the Federal Service of the Russian Federation on work and employment of August 23, 2019 No. 235

Administrative regulations of implementation by Federal Service for Labour and Employment of federal state supervision of observance of established procedure of investigation and accounting of labor accidents

I. General provisions

Name of function

1. The administrative regulations of implementation by Federal Service for Labour and Employment of federal state supervision of observance of established procedure of investigation and accounting of labor accidents (further - Administrative regulations) determine procedure Federal Service for Labour and Employment and its territorial authorities - State Labour Inspection in subjects of the Russian Federation (further - territorial authorities of Rostrud) actions for supervision in the established field of activity, terms and the sequence of actions (ministerial procedures), and also order of interaction with the organizations when implementing federal state supervision of observance of established procedure of investigation and accounting of labor accidents (further - federal state supervision).

The name of the federal executive body exercising federal state supervision

2. Federal state supervision is exercised directly by Rostrud and its territorial authorities.

The regulatory legal acts regulating implementation of federal state supervision

3. Federal state supervision is exercised according to the regulatory legal acts posted on the official site of Rostrud on the Internet (further - the Internet), in the federal state information system "Federal Register of the State Services (Functions)" (further - the Federal register) and in the federal state information system "Single Portal of the State and Municipal Services (Functions)" www.gosuslugi.ru (further - the Single portal).

Subject of federal state supervision

4. Federal state supervision is exercised by authorized officers of Rostrud and its territorial authorities concerning any employers (legal entities (organizations) irrespective of legal form and pattern of ownership, employers - physical persons with which in employment relationships workers consist), and also other subjects which according to the Federal Laws are given the right to sign employment contracts (further - employers).

5. Subject of Rostrud performed by authorized officers and its territorial authorities of federal state supervision in the established field of activity is observance by employers in the course of implementation of the economic activity of requirements of the labor law and other regulatory legal acts containing regulations of labor right, establishing procedure for investigation, registration and accounting of labor accidents by them (further - mandatory requirements), and also holding actions for prevention of damnification of life and to health of workers and violations of their labor rights.

Federal state supervision is exercised by means of carrying out scheduled and unscheduled inspections, issue of instructions, obligatory for execution, about elimination of violations, creation of protocols on administrative offenses within powers of the state inspectors of work, preparation of other materials (documents) on involvement of guilty persons for responsibility according to the Federal Laws and other regulatory legal acts of the Russian Federation.

The rights and obligations of officials when implementing federal state supervision

6. Authorized officers of Rostrud and its territorial authorities in accordance with the legislation of the Russian Federation when implementing federal state supervision have the right:

according to the procedure, established by the Convention No. 81 of the International Labour Organization "About inspection of work in the industry and trade" (is accepted in Geneva on July 11, 1947 at the 30th session of the General conference of the International Labour Organization) ratified by the Federal Law of April 11, 1998 No. 58-FZ "About ratification of the Convention of 1947 on inspection of work and the Protocol of 1995 to the Convention of 1947 on inspection of work, the Convention of 1978 on regulation of questions of work and the Convention of 1981 on safety and occupational health and the production circle" (The Russian Federation Code, 1998, No. 15, the Art. 1698) (further - the Convention No. 81 of the ILO), the Federal Law of December 26, 2008 No. 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control" (The Russian Federation Code, 2008, No. 52, Art. 6249; 2019, No. 31, the Art. 4469) (further - the Federal Law No. 294-FZ), the Labor Code of the Russian Federation (The Russian Federation Code, 2002, No. 1, Art. 3; 2019, No. 31, the Art. 4451) (further - the Labor Code of the Russian Federation), Regulations on federal state supervision of observance of the labor law and other regulatory legal acts containing regulations of labor right, the approved order of the Government of the Russian Federation of September 1, 2012 No. 875 (The Russian Federation Code, 2012, No. 37, Art. 4995; 2018, No. 19, of the Art. 2752) (further - Regulations on federal state supervision), freely at any time in the presence of certificates of the established sample to visit for the purpose of conducting check of the organization of all forms of business and patterns of ownership, employers - physical persons;

request from employers and their plenipotentiaries, executive bodies and local government bodies, other organizations and to gratuitously receive from them the documents, explanations, information necessary for implementation of federal state supervision;

according to the paragraph of "iv" of part 1 of article 12 of the Convention No. 81 of the ILO, the paragraph the fourth parts 1 of article 357 of the Labor Code of the Russian Federation, the subitem "v" of Item 13 of the Regulations on federal state supervision to withdraw for the analysis samples of the used or processed materials and substances with the notification on it of the employer or his representative and to draw up the relevant statement;

show to employers and their representatives, and also the organizations performing carrying out special assessment of working conditions, instructions, obligatory for execution, about elimination of violations of mandatory requirements, about recovery of the violated rights of workers, including about elimination of violations of requirements of the legislation of the Russian Federation on special assessment of working conditions, attraction guilty of the specified violations to disciplinary responsibility or about their discharge from position according to article 357 of the Labor Code of the Russian Federation;

send to courts of the requirement about liquidation of the organizations or the termination of activities of their structural divisions owing to violation of the state normative requirements of labor protection;

issue instructions about discharge from work of persons which did not pass according to the procedure, No. 1/29 established by the Labor Code of the Russian Federation, the resolution of the Ministry of Labour and social development of the Russian Federation, the Ministry of Education of the Russian Federation of January 13, 2003 "About approval of the Procedure for training in labor protection and examinations of requirements of labor protection of employees of the organizations" (it is registered by the Ministry of Justice of the Russian Federation on February 12, 2003, registration No. 4209), with the changes made by the order of the Ministry of Labour and Social Protection of the Russian Federation No. 697n, the Ministry of Education and Science of the Russian Federation No. 1490 of November 30, 2016 (registration No. 44767), (further - the resolution of Ministry of Labor of Russia, the Ministry of Education of Russia No. 1/29) training in safe methods and acceptances of performance of works is registered by the Ministry of Justice of the Russian Federation on December 16, 2016, instructing in labor protection, training on workplaces and check of knowledge of requirements of labor protection;

prohibit use of means of individual and collective protection of workers if such means do not conform to mandatory requirements, the established Federal Law of December 27, 2002 No. 184-FZ "About technical regulation" (The Russian Federation Code, 2002, No. 52, of Art. 5140; 2018, No. 49, Art. 7521), and to the state normative requirements of labor protection;

constitute protocols and consider cases on administrative offenses within powers, prepare and direct to law enforcement agencies and to court other materials (documents) on involvement of guilty persons to responsibility according to the Federal Laws and other regulatory legal acts of the Russian Federation;

request and receive within interdepartmental information exchange documents and (or) information from other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations at which disposal the specified documents are.

7. When implementing federal state supervision authorized officers of Rostrud and its territorial authorities shall:

request within interdepartmental information exchange the documents and (or) information included in the list of the documents and (or) information requested and received within interdepartmental information exchange by state supervision bodies, bodies of municipal control under the organization and conducting checks from other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations at which disposal these documents and (or) information, No. 724-r approved by the order of the Government of the Russian Federation of April 19, 2016 "About approval of the list of documents and (or) information requested and received within interdepartmental information exchange by state supervision bodies, bodies of municipal control under the organization and conducting checks from other state bodies are local government bodies or subordinated to state bodies or local government bodies of the organizations at which disposal these documents and (or) information" (The Russian Federation Code, 2016, No. 18, of Art. 2647 are; 2019, No. 41, the Art. 5737) (further - the interdepartmental list of documents and (or) information), from other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations at which disposal the specified documents are;

timely and fully to perform the powers provided in accordance with the legislation of the Russian Federation according to the prevention, identification and suppression of violations of mandatory requirements;

observe the legislation of the Russian Federation, the right and legitimate interests of the legal entity, individual entrepreneur which it is performed;

not interfere with the head, to other official or the authorized representative of the legal entity, the individual entrepreneur, his authorized representative to be present when conducting check and make explanations on the questions relating to check subject;

provide to the head, other official or the authorized representative of the legal entity, the individual entrepreneur, his authorized representative who are present when conducting check, information and documents relating to check subject;

acquaint the head, other official or the authorized representative of the legal entity, the individual entrepreneur, his authorized representative with results of check, and also with the documents and data received within interdepartmental information exchange;

consider in case of determination of the measures taken on the facts of the revealed violations, compliance of the specified measures of weight of violations, their potential danger for life, human health, safety of the state for emergence of emergency situations, and also not to allow unreasonable restriction of the rights and legitimate interests of citizens, including individual entrepreneurs, legal entities;

prove justification of the actions in case of their appeal by legal entities, individual entrepreneurs;

observe the terms of conducting check established by the Federal Law No. 294-FZ;

perform record about performed in register of checks in case of its availability at the legal entity, the individual entrepreneur;

perform entering of information into the federal state information system "Unified Register of Checks" (further - the unified register of checks) according to the procedure, provided by the Rules of forming and maintaining the unified register of checks approved by the order of the Government of the Russian Federation of April 28, 2015 No. 415 (The Russian Federation Code, 2015, No. 19, Art. 2825; 2018, No. 49, the Art. 7604) (further - Rules of forming and maintaining the unified register of checks);

perform based on the order or the order of the head of Rostrud or its territorial authority (their deputies) on its carrying out according to its appointment;

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