Agriculture is the most important industry that determines the living standards of the population, its well-being, and the country's food security. In agriculture, the products produced are involved in many sectors of the national economy, providing additional employment for the country. It is important to note the specific features of this industry, which determine economic, organizational and legal relations in the production of agricultural products:
1) in agriculture along with economic laws there are biological ones that do not depend on a person and leave a noticeable imprint on legal regulation industries;
2) the main means of production here is land, which is spatially limited, irreplaceable by anything, has the ability to increase fertility if used properly;
3) agriculture uses such means of production as living organisms and plants;
4) the production of agricultural products is spread over a large territory, which is different in terms of natural and climatic conditions;
5) in agriculture, the processes of production and the final results of labor do not coincide;
6) the created product is most often intermediate and is used again in agriculture in the processed industries;
7) employment in agriculture is seasonal.
These features have a significant impact on the legal regulation of labor relations, on the drafting and application of rules on labor safety in agriculture and the protection of the rights of workers in this industry.
1.2. Working conditions in agriculture
The working condition is external environment, the working environment and the structural and operational characteristics of the equipment used, which affect a person, his productivity and the quality of his work.
Of great importance in agricultural production is the creation of optimal working conditions and control over their observance. This makes it possible to maintain high working capacity of workers for as long as possible, based on concern for the psycho-physiological health of a person. It also contributes to a noticeable increase in labor productivity in an agricultural enterprise, which affects economic efficiency all agricultural production.
Control over compliance with normal working conditions is carried out by the following services: State Labor Inspectorate, Sanitary Inspectorate, Technical Inspectorate.
The State Labor Inspectorate monitors the compliance of the employer and employees with labor legislation, conducts attestation of workplaces, and resolves conflicts that arise between the employer and employees.
The Sanitary Labor Inspectorate monitors the implementation of sanitary and hygienic standards at the enterprise.
The technical labor inspectorate takes care of safety, which is extremely important in agricultural work when workers come into contact with various mechanisms, machines, chemicals, animals.
Working conditions can be divided into psycho-physiological, sanitary-hygienic and aesthetic.
Psychophysiological working conditions depend on the severity of labor. According to the severity of work in agricultural production, they are divided into light, medium, heavy and very heavy.
In the production of agricultural products, many works are performed manually, which leaves an imprint on the nature of labor. Some restrictions in the areas of employment are not always implemented, especially for women. Often, many works are carried out at a fast pace, due to the seasonality of production and the influence of biological factors.
Psychophysiological working conditions depend on neuropsychic stress, which in turn is due to the complexity of the work, responsibility for its results, the machines and mechanisms used, awareness and degree of control and organization production process.
External factors of working conditions, such as man-made, climatic and others, determine the sanitary and hygienic conditions. These include: illumination (natural, artificial, mixed light, general, local and other lighting of the workplace), relative humidity (over 90% - unacceptable), air temperature, air movement (no more than cm / min.), gas contamination, dustiness , noise, vibration, radiation, etc.
For agriculture, the construction of buildings and industrial facilities should be carried out taking into account building codes and regulations. It is also mandatory to carry out a set of preventive measures, it is necessary to provide employees with the necessary means personal protection, first aid kits. For the performance of agricultural work under harmful conditions, for breaking labor day, increased shift times during busy periods, employees receive additional payments and are provided with additional days off.
The aesthetic working conditions include the color design of the workplace, its landscaping, architectural solutions, cleanliness, the use of music, as well as cultural and community services. At agricultural enterprises, it is advisable to organize meals for workers, medical service, conditions for washing (for example, a shower), etc.
The employer is obliged to finance measures to improve working conditions at his enterprise.
In general, we can say that the employer is obliged to provide his employees with all necessary conditions safe work, and the employee is obliged to comply with them, namely: to comply with safety regulations, comply with the requirements of the enterprise management, which do not contradict labor laws.
In the topic "Labor protection" such necessary concepts as "harmful production factor" and "dangerous production factor" are distinguished. These terms are defined in Art. 209 of the Labor Code of the Russian Federation.
Harmful production factor - a production factor, the impact of which on an employee can lead to his illness.
A hazardous production factor is a production factor, the impact of which on an employee can lead to his injury.
It is believed that working conditions are safe for workers if their impact on workers is at a level that does not exceed the established standards. To prevent or reduce exposure to harmful and dangerous production factors workers must use personal and collective protective equipment.
In Russia, there is a state policy on labor protection, aimed primarily at the adoption of various laws and programs to ensure the labor protection of workers; to exercise control and supervision over compliance with labor protection legislation; dissemination of labor experience on labor protection issues; to protect the rights of workers, etc.
In order to maximally ensure the observance of their rights in the field of labor protection by workers, to ensure compliance with all safety norms and rules in the economy, a labor protection service is organized. According to Art. 217 of the Labor Code of the Russian Federation, this service must necessarily take place at an enterprise with more than 50 employees. Sometimes, instead of serving on the farm, the position of a labor protection specialist is introduced (as a rule, this is an engineer), who must have knowledge and skills in the field of labor protection, that is, have the appropriate education, as well as work experience in this area. If it is not profitable for an enterprise to organize a labor protection service, then it must conclude civil contract with specialists or with organizations that work in this field and provide labor protection services.
Organizations providing services in the field of labor protection are subject to mandatory accreditation. The list of services for the provision of which accreditation is required, and the rules for accreditation are established by the federal body executive power that performs the functions of developing public policy and legal regulation in the sphere of labor (Article 217 of the Labor Code of the Russian Federation).
If the number of employees in an agricultural enterprise is less than 50 people, then the decision to introduce a labor protection specialist remains at the discretion of the employer. The employer must take into account all external and internal factors affecting the production process, the health and life of its employees, the possibility of accidents, etc.
At the enterprise, commissions on labor protection can also be created. The initiative to create such a commission may come from both the employer and employees or their representative body. The commission includes representatives of the employer and employees on an equal basis. The commission must carefully monitor compliance with labor protection requirements, to prevent the occurrence of injuries at work, occupational diseases.
The labor protection commission must organize inspections at the enterprise, taking into account how the rules and norms for labor protection are observed at the workplace and in the enterprise as a whole. The commission shall inform the employees about the results of such checks.
1.4. Rights and obligations of workers in agriculture
In accordance with labor law Russian Federation issues on the protection of working conditions of workers employed in agriculture are within the competence of the employer or group of employers, if there are several of them at the enterprise. It is especially important to emphasize the rights and obligations of the employer and employees in matters of labor protection.
According to Art. 22 of the Labor Code of the Russian Federation, the employer is obliged:
1) comply with labor legislation and other regulatory legal acts containing the norms labor law, local regulations, terms of the collective agreement, agreements and labor contracts;
2) provide employees with work stipulated by the employment contract;
3) ensure safety and working conditions corresponding to the state regulatory requirements labor protection;
4) provide employees with equipment, tools, technical documentation and other means necessary for the execution by them job duties;
5) provide employees with equal pay for work of equal value;
6) pay in full the wages due to employees within the time limits established in accordance with the Labor Code of the Russian Federation, the collective agreement, the rules of internal work schedule, employment contracts;
7) lead collective bargaining, as well as conclude a collective agreement in the manner prescribed by the Labor Code of the Russian Federation;
8) provide representatives of employees with complete and reliable information necessary for the conclusion of a collective agreement, agreement and control over their implementation;
9) familiarize employees against signature with the adopted local regulations directly related to their labor activity;
10) promptly comply with the instructions of the federal executive body authorized to conduct state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal bodies executive power, exercising the functions of control and supervision in the established field of activity, to pay fines imposed for violations of labor legislation and other regulatory legal acts containing labor law norms;
11) consider the submissions of the relevant trade union bodies, other representatives elected by the employees on the revealed violations of labor legislation and other acts containing labor law norms, take measures to eliminate the identified violations and report the measures taken to these bodies and representatives;
12) create conditions that ensure the participation of employees in the management of the organization in accordance with the Labor Code of the Russian Federation, other federal laws and collective agreement forms;
13) provide for the everyday needs of employees related to the performance of their labor duties;
14) carry out compulsory social insurance of employees in accordance with the procedure established by federal laws;
15) compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral damage in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation;
16) perform other duties stipulated by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and labor contracts.
Along with the obligations of the employer, the obligations of the employee are also distinguished:
1) conscientiously fulfill his labor duties assigned to him by the employment contract;
2) comply with the internal labor regulations;
3) observe labor discipline;
4) fulfill the established labor standards;
5) comply with the requirements for labor protection and ensuring labor safety;
6) take care of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees;
7) immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) (Article 21 of the Labor Code of the Russian Federation) . In addition to obligations, the parties to an employment contract have the rights enshrined in Art. 21 and 22 of the Labor Code of the Russian Federation.
Workers engaged in the production of agricultural products have the right to:
1) conclusion, amendment and termination of an employment contract in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws;
2) providing them with work stipulated by an employment contract;
3) workplace, corresponding to the state regulatory requirements for labor protection and the conditions provided for by the collective agreement;
4) timely and in in full payment of wages in accordance with their qualifications, the complexity of the work, the quantity and quality of the work performed;
5) rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, the provision of weekly days off, non-working holidays, paid annual holidays;
6) full reliable information about working conditions and labor protection requirements at the workplace;
7) vocational training, retraining and advanced training in accordance with the procedure established by the Labor Code of the Russian Federation, other federal laws;
8) association, including the right to create trade unions and joining them to protect their labor rights, freedoms and legitimate interests;
9) participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement;
10) conducting collective negotiations and concluding collective contracts and agreements through their representatives, as well as information on the implementation of the collective agreement, agreements;
11) protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law;
12) permission of individual and collective labor disputes, including the right to strike, in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;
13) compensation for harm caused to him in connection with the performance of labor duties, and compensation moral damage in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;
14) compulsory social insurance in cases stipulated by federal laws.
The employer has the right:
1) conclude, amend and terminate employment contracts with employees in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws;
2) conduct collective negotiations and conclude collective agreements;
3) encourage employees for conscientious efficient work;
4) demand from employees the performance of their labor duties and careful attitude to the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees, compliance with internal labor regulations;
5) bring employees to disciplinary and financial liability in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;
6) adopt local regulations (with the exception of employers - individuals who are not individual entrepreneurs);
7) create associations of employers in order to represent and protect their interests and join them.
From this we can conclude that any employee has the right to work that meets all safety and hygiene requirements, and the working conditions of the employee must necessarily comply with all norms and rules. If working conditions do not meet specified requirements and the employee at the same time is forced not to work in his place (if such a situation has developed through no fault of the employee), then he retains this position and the average wage.
The employee has the right to refuse work if this causes a threat to his life. In this case, the employer is obliged to transfer him to another job with normal working conditions. If such a transfer is considered impossible, then the employee is paid a guaranteed payment in accordance with the Labor Code of the Russian Federation for the downtime. Also, if the employer does not comply with the labor safety requirements established by law, the employee has the right to refuse to perform his labor functions and the right to pay for forced downtime. This decision of the employee does not entail disciplinary liability.
These provisions are governed by both labor law and internal documents enterprises, namely: the charter, various provisions, job descriptions, internal labor regulations, acts of testing agricultural machinery, tasting acts, acts on accidents, write-offs of damaged objects, etc. The main legal instrument governing this area is labor contract. Labor Relations arise on the basis of an agreement between the employee and the employer on the personal performance by the employee of a labor function (work according to a certain qualification, specialty or position) for a fee, the employee's subordination to the internal labor regulations while the employer ensures the working conditions provided for by labor legislation, a collective agreement, agreements and an employment contract .
1.5. Labor protection for women, adolescents and other workers
It is known that the weight carrying norms for women are comparatively lower than for men. This circumstance is fixed and protected by labor legislation. For women working in agricultural production, the working day (shift) should not exceed 6 hours, the weekly maximum working time should not exceed 36 hours.
It is forbidden to use the labor of women in lifting and carrying weights that do not meet the standards. on harmful and hazardous work women's work should be limited. In agricultural production, pregnant women should also be reduced the standards of animal care, production rates, if this is not possible for any objective reasons, then the pregnant woman should be transferred to easier work. And average earnings should remain the same. The employer must carry out these activities at his own expense.
Women, upon their application and on the basis of a in due course sick leave leave for pregnancy and childbirth with a duration of 70 (in the case of multiple pregnancy - 84) calendar days before childbirth and 70 (in the case of complicated childbirth - 86, at the birth of two or more children - 110) calendar days after childbirth with the payment of state social insurance benefits in the amount established by federal laws (Article 255 of the Labor Code of the Russian Federation).
After childbirth, a woman has the right to take leave of up to three years to care for a child, and she retains not only her place of work during all this time, but also her position. If a woman refuses parental leave, then she has the right, along with general breaks, to take additional breaks for feeding the child for more than half an hour each. These breaks are included in the total working time.
The employer is obliged to comply with these measures in order to preserve and maintain the reproductive health of women.
In the production of agricultural products, it is prohibited to use the labor of women as drivers of tractor units, drivers of trucks. It is also prohibited to use the labor of women under the age of 35 in hazardous industries, such as working with pesticides, pesticides, disinfectants, both in crop production and in animal husbandry, poultry farming and other agricultural sectors. This is primarily due to the peculiarities of the reproductive age of women, which is negatively affected by any contact with hazardous chemicals. The maximum possible mass of cargo that a woman is allowed to lift is 10 kg, with the condition that weight lifting alternates with other work activities. In the absence of such an alternation (namely, with constant lifting and carrying weights), a woman is allowed to lift only up to 7 kg. The use of female labor at night is also not allowed.
Agricultural production is often hazardous to humans. Therefore, the labor of only those workers who have reached the age of 18 can be used here. It is allowed to use the labor of adolescents who have reached the age of 16, if they have undergone appropriate vocational training, have been instructed in all matters of safety and labor hygiene, and have undergone a medical examination.
In accordance with Art. 266 of the Labor Code of the Russian Federation, persons under the age of 18 are hired only after a preliminary mandatory medical examination (examination) and further, until they reach the age of 18, they are subject to an annual mandatory medical examination (examination).
It is prohibited to use the labor of adolescents under the age of 18 in hazardous and hazardous industries, as well as at night and overtime. The remuneration of such workers is made depending on the time worked by them or the amount of work performed, but taking into account the reduced working week for them and (or) production standards.
AT modern conditions the labor protection of young workers is of particular importance in order to prevent the influence of negative factors of agricultural production on a growing organism. For adolescent boys from the age of 16, the maximum possible mass of cargo allowed to be lifted and carried in the production process is 10 kg.
Permission to work on machine-tractor units is issued only from the age of 17.
In agriculture, due to its peculiarities, the labor of temporary and seasonal workers is used during busy periods (spring field work, harvesting).
The working conditions and safety level of such workers must also comply with the rules and regulations on occupational safety and health.
A temporary employment contract is concluded for a period of up to 2 months for the performance of temporary work. The labor of seasonal workers is used in accordance with their qualifications only in a certain season, which is determined natural factors. That is, the features of the performance of labor functions by an employee consist primarily in the seasonal nature of production, and the work itself has clear signs of seasonality. Only in this case can an employment contract be concluded for the period of the season. There is a List of seasonal work, approved by the Decree of the NCT of the USSR of 01.01.01 N 185 (as amended and supplemented on June 6, 1960, December 28, 1988).
Seasonal work includes: many fishing and hunting works and related work on the processing of fish and other products of sea and river fishing and hunting; fermentation and filling of fruits and vegetables; work in potato harvesting; work on the preparation of eggs, feathers and down in warehouses; work in poultry feeding establishments, etc. Directly in agriculture, seasonal work is the entire production process. Particularly intense seasonal work is spring field work and harvesting crops. A seasonal contract can be concluded for a period not exceeding 6 months. Decree of the Presidium of the Supreme Soviet of the USSR of 01.01.01 N 310-IX "On the working conditions of workers and employees employed in seasonal work"(As amended on 01.01.01) it was provided that the length of service for these workers is considered continuous if they have fully worked the season, the next season they again concluded an employment contract and returned to work at the set time. Moreover, in a continuous seniority off-season break time does not count.
Occupational safety is a system for ensuring the safety of life and health of workers in the course of their work, including legal, socio-economic, organizational, technical, sanitary and hygienic, medical and preventive, rehabilitation and other measures.
According to the degree of injury, animal husbandry occupies one of the first places in agro-industrial production. About 45% of all injuries in animal husbandry are associated with the intoxication of the victims. The main causes of injuries include unsatisfactory organization of labor (67%); operation of faulty machines (3.2%); violation of labor safety rules (7.8%).
Responsibilities for ensuring safe conditions and labor protection at the enterprise are assigned to the employer. He is obliged to ensure the safety of employees during the operation of buildings, equipment; work and rest regimes in accordance with the law Russian Federation; organization of working conditions at workplaces, as well as the correct use of personal and collective protective equipment by employees. And the duties of the employee are to comply with the requirements of labor protection, the correct use of personal and collective protective equipment, the passage of instructions on labor protection, mandatory passage of preliminary and periodic medical examinations and examinations.
The organization of work on safety and industrial sanitation, the implementation of measures to create safe working conditions in the SEC "Seminskiy" is entrusted to the safety engineer.
The chief livestock specialist conducts an introductory briefing with newly arrived workers, the passage of which makes a record in the employee's personal file.
After being hired, when transferring to a new job, introducing new equipment or materials, foremen of stockyards conduct briefings at the workplace. Then twice a year the employee is re-instructed. It is conducted by the chief livestock specialist and recorded in the safety briefing log.
Additional briefing on safety and industrial sanitation is carried out in urgently after each accident in stockyards, regardless of the timing of the last briefing. It is conducted by the chief livestock specialist and safety engineer with all the employees of the team where the accident occurred.
There are rest rooms, wardrobes, toilets, and sinks in the cattle yards. Separate offices are equipped for foremen. Each barnyard is equipped with first aid kits, and barrels of water and fire extinguishers are installed from fire extinguishing equipment in the premises.
important for improving working conditions medical examinations enterprise employees. They are held once every three months. In accordance with the instructions, personnel are allowed to work only after a medical examination.
Overalls and safety shoes are issued in SEC "Seminsky" free of charge and for a certain calendar period and are subject to return after the expiration of the wearing period (when exchanged for new ones), in case of dismissal from work or when transferring to another job not related to the use of personal protective equipment.
Maintenance of equipment installed in livestock buildings should be carried out in accordance with the safety instructions for each type of work. The same applies to walking areas.
When working with animals, except for the attendants and zoo veterinarians, none of the unauthorized persons should be present. Physically healthy persons who have passed a medical examination, are well aware of the production processes, their duties, have knowledge in the field of labor protection and are fluent in production skills and safe working methods are allowed to work.
Animals should be treated calmly, affectionately and confidently. Rude shouting and beatings should not be allowed. When servicing animals, people caring for them must know not only the name, gender, age, signs, temperament and habits, but also the methods of fixation. Livestock breeders or veterinarians decide on a case-by-case basis which fixation method is best for safety and efficiency. When animals are tethered, the leash must be strong, loose enough not to restrict movement and not tighten the cow's neck. In vigorous cows, as directed by the veterinarian, the horns should be removed.
Increasing the productivity of animals, taking care of their health is the main task of workers in animal husbandry, feed production and veterinary medicine. The successful solution of this important task is facilitated by the timely implementation of anti-epizootic and preventive measures, as well as the improvement of animal care, feeding and maintenance.
Non-compliance with elementary safety requirements when handling animals leads to injuries to attendants and animals, and ignorance or non-compliance with the rules of zoo hygiene and personal hygiene leads to human illness with diseases common to him and the animal.
In order for employees to know, and in necessary cases, to be able to act in such a way as to protect themselves and others from accidents and diseases, they need to undergo training in labor protection and life safety.
Every employee of agriculture, as well as any other industry, has the right to work, enshrined in the Constitution of Ukraine, in conditions that meet the requirements of safety and hygiene, to remuneration for work without any discrimination and not lower than the minimum wage established by federal law, the right to individual and collective labor disputes, the right to rest in accordance with the employment contract on weekends and holidays, to paid annual leave, the right to statutory hours of work. In addition, any employee, in addition to the right to work, has the right to protect his health, which is ensured by socio-economic means, organizational and technical standards, sanitary and hygienic, medical, preventive and rehabilitation enterprises.
Labor in agriculture is protected both by the norms of general labor law and by the specific norms of agrarian law. From the foregoing, we can conclude that the protection of labor and health of agricultural workers is monitored by legal legislation, which ensures appropriate working conditions, safety of life and health of workers in the performance of their labor functions, conditions conducive to the improvement of workers, etc.
The protection of the pile has a number of very important meanings for workers: legal, economic and social.
The social significance of labor protection is explained by human rights to life, freedom, free use of their abilities and property for commercial activities (not prohibited by law), the right to have private
property, the right to freely dispose of one's abilities to
labor, etc.
The economic significance of labor protection lies in the correct accounting of the results of the work of the employee and his decent payment, in reducing the injury rate of workers and the level of occupational diseases.
The legal significance of labor protection is, first of all, the observance of laws and other regulations on labor protection by both the employer and the employee.
The general requirements for labor protection and health of workers established by the state do not depend on the organizational and legal form of the enterprise. Legal regulation of labor protection and health of workers is carried out on the basis of federal laws, by-laws, legislation of the subjects of Ukraine, labor contract, collective agreement, internal regulations adopted at each agricultural enterprise, and other local regulations.
The system of state labor safety standards includes: requirements for the organization of work that ensures labor safety and organizational and methodological foundations for standardization in the field of labor safety, requirements and norms for the types of hazardous and harmful production factors; requirements for production equipment, production processes, protective equipment for workers, buildings and structures, etc.
In addition, there are also cross-industry rules that apply in various industries (for example, safety requirements for engine repairs).
The fact that every employee has the right to safe work obliges employers to ensure safe working conditions in their enterprise. As a rule, the creation of such conditions requires money, so each agricultural enterprise should create special funds to finance safe working conditions. For example, when handing over for use, objects such as buildings, structures, machinery, equipment and other installations must have a safety certificate, i.e., all fixed assets can be operated on the farm only with the permission of the sanitary-epidemiological and technical state supervision. Before starting work, each employee must undergo a safety briefing. In addition, such briefing is also carried out during the performance by the employee of his labor duties according to a special schedule. The employer is obliged to provide his employees with all the necessary protective equipment.
The employer, at his own expense, is obliged, in accordance with established standards, to ensure the timely issuance of special clothing, special shoes and other personal protective equipment, as well as their storage, washing, drying, repair and replacement.
In order to create safe working conditions, the employer is obliged to provide employees with medical and preventive and sanitary measures. The regime of work and rest adopted at an agricultural enterprise must meet all the norms of labor legislation. It is also the responsibility of the employer to assist in conducting inspections to supervise the safety of working conditions, as well as, if necessary, to conduct objective investigations of accidents at work. Employees at the enterprise are also required to properly comply with labor laws, employment contracts, local regulations of the enterprise, and, most importantly, compliance with safety regulations.
Both the employer and the working team bear disciplinary, administrative, material, and also criminal liability for non-compliance with the prescribed norms and rules of labor safety. Not only the head of an agricultural enterprise is obliged to monitor compliance with safety regulations, but also the heads of structural divisions (foremen, farm managers, etc.). Naturally, first of all, it is necessary to ensure that only serviceable machinery, equipment, materials that comply with the documents accompanying them are used in the production of agricultural products. It is known that tractors, agricultural machines and other equipment used in the production of agricultural products are objects of increased danger, due to their technical and design characteristics. Many technological processes in agriculture are also potentially dangerous.
Harmful and dangerous production processes also often occur in agriculture (in the blacksmith shop, in auxiliary production, when carrying out plant protection measures, etc.).
At an agricultural enterprise, at the initiative of the management, a commission on labor protection can also be created, which, as a rule, includes a trade union body, representatives of the employer and employees. This commission contributes to the organization of joint events of the enterprise management and its labor collective on labor protection issues, on the prevention of accidents at work and the occurrence of occupational diseases; organizes various inspections of working conditions and carries out other measures to protect the labor of employees.
In the event of suspension of work in connection with an inspection of compliance with the norms and rules of labor safety and its protection or in connection with a ban on continuing labor activity due to violations in the field of labor protection through no fault of the employee, the employee retains his place of work and the average salary. For this period, with the consent of the employee, he can be transferred to another job, provided that the remuneration for it must not be lower than that which the employee received at the place of the previous job. If in the course of the performance of an employee's labor functions there is a danger to his life and health, the management of the agricultural enterprise must immediately provide other work for the time required to eliminate this danger. If an employee refuses to perform work under conditions in which labor protection standards are clearly violated, or to perform heavy, dangerous work that is not provided for by the employment contract, then this cannot serve as a reason for terminating the employment contract or bringing to disciplinary liability.
In general, we can say that the employer is obliged to provide his employees with all the necessary conditions for safe work, and the employee is obliged to comply with them, namely: to comply with safety regulations, comply with the requirements of the enterprise management, which do not contradict labor laws.
New rules on labor protection in agriculture have been approved. Currently, there are 11 rules for labor protection in agriculture, including:
- in poultry farming and poultry processing;
- in animal husbandry;
- in crop production;
- in the tobacco industry;
- during repairs and maintenance agricultural machinery;
- during land reclamation works;
- when storing fruits and vegetables;
- when performing agricultural work in conditions of radioactive contamination of the territory,
- on post-harvest processing and storage of sugar beet seeds,
- for workers of the agro-industrial complex when using pesticides and agrochemicals.
The provisions of these rules are outdated and do not comply with the current provisions of the Labor Code of the Russian Federation, subordinate regulatory legal acts, containing state regulatory requirements for labor protection, and require revision. In addition, work carried out in agriculture is associated with a high risk of getting industrial injuries. . For 11 months of 2014, the number of victims of fatal amounted to 278 people. Violations of labor protection requirements by workers at agricultural enterprises most often occur due to inadequate training of personnel in labor protection, low qualifications of workers and the latter being intoxicated.
On March 25, 2016, the Ministry of Justice of Russia registered new Rules for labor protection in agriculture, which on March 30 were published on the official Internet portal legal information under the number 0001201603300027. The order comes into force three months after its official publication. In this regard, the development common rules on labor protection in agriculture contributes to the establishment of unified state regulatory requirements for labor protection and reducing the risk of industrial injuries in this area of activity.
The new rules on labor protection in agriculture establish state regulatory requirements for labor protection in the organization and conduct of the main production processes for the cultivation, harvesting and post-harvest processing of crop products, the maintenance and care of farm animals and poultry, reclamation work and work on the treatment of wastewater from production and primary processing agricultural products.
The requirements of the rules on labor protection are mandatory for employers - legal entities and individual entrepreneurs performing agricultural work. Compliance with the rules is mandatory when designing new and developing renovation projects operating facilities production of agricultural products, changing existing production processes for agricultural work.
According to the Rules, the employer must provide safe operation industrial buildings, structures, machines, tools, equipment, safety of production processes, raw materials and materials used in agricultural work and their compliance with state regulatory requirements for labor protection. Federal state supervision for the fulfillment of the requirements of the rules will carry out officials Federal Service on labor and employment and state labor inspectorates in the constituent entities of the Russian Federation.
The employer should organize the development of labor protection instructions for professions and types of work performed, which are approved by the local regulations of the employer, taking into account the opinion of the relevant trade union body or other representative body authorized by employees, as well as technological documents for production processes (work).
It is also worth recalling that, according to the requirements set out in paragraph 3.3. The procedure for training in labor protection and testing knowledge of the labor protection requirements of employees of organizations, approved by the Decree of the Ministry of Labor of the Russian Federation and the Ministry of Education of the Russian Federation of January 13, 2003 No. 1/29, an extraordinary test of knowledge of labor protection requirements of employees of organizations, regardless of the period of the previous audit, is carried out with the introduction of new or making changes and additions to the existing legislative and other regulatory legal acts containing labor protection requirements. In other words, responsible persons, carrying out the functioning of the labor protection management system, incl. and the head of the organization must pass an extraordinary test of knowledge of labor protection requirements and further, as part of attestation commission, created by the head of the organization, to carry out an extraordinary test of knowledge of labor protection requirements for all other employees of the organization. .
Among other things, persons responsible for the development of training programs on labor protection, programs of primary briefings at the workplace will need to carry out an unscheduled review of these local regulatory legal acts for the purpose of making appropriate changes to them.
Safety and labor protection in agriculture depend on the labor protection management system created at the enterprise, timely assessment of working conditions and presumed dangerous and harmful effects on the employee.
OT sections in agriculture
New rules in 2017 divided all current provisions into 11 sections:
- Poultry farming and processing of birds.
- Livestock.
- Growing plants.
- Tobacco business.
- Repair of machinery and equipment.
- Reclamation.
- Product storage.
- Work in conditions of radiation pollution.
- Sugar beet processing.
- Use of complexes of fertilizers, agrochemicals.
- Innovative developments.
All activities take into account the characteristics of each section of the industry.
OT rules requirements
The labor protection organization obligatory fulfillment state requirements in all branches of agriculture. The documentation began to take into account the analysis carried out before the signing of new regulations. The implementation of the safety rules begins with the development of projects for each work area, all the features of the production process are considered. The management of the labor safety system began to be controlled by public commissions and inspections of state structures.
The employer of an enterprise of any size develops labor protection instructions for agriculture, according to the profile of its activity. Documents require recording the knowledge gained in the briefing log, the topics of knowledge testing are also recorded there, and employees are unscheduled briefings to acquaint them with changes in legislation, technical upgrades, new requirements for the organization and implementation of assigned duties.
Agricultural safety features
In agriculture, every activity requires a safe environment. The essence of the action is that in any workplace there are a large number of risks. This is due to the need to work with equipment, transport, chemical compounds. Most of the risks are associated with the mode of work and the place of work, which is not protected from climatic and natural phenomena. Some of them are included in the training materials.
- Equipment repair: workplace, operations;
- Types of work: electric, gas, forging, restoration, carpentry and others;
- Livestock: fodder preparation, farm equipment, ensiling;
- Sanitary conditions: lighting, noise, meteorology, pollution.
Agriculture is based on hard physical labor, so TB is the basis of labor protection.