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Working with contractors: who is responsible for labor protection (3). Working with contractors from

Instruction No. 000

on conducting introductory training on labor protection for employees of the organization and other construction participants,

involved as a contract and subcontract

(Induction training)

Introductory training on labor protection is carried out with all newly hired workers, regardless of their education or position, with temporary workers and persons seconded from other organizations, with representatives of contractors and subcontractors used at the site as external labor force.

The main goal is to familiarize yourself with the basic labor laws and safety rules in force at a given facility.

Fulfillment of the of this instruction occupational safety requirements are mandatory for all persons present at the site and familiarized with signature in the introductory briefing registration log.

Instructions used:

To prevent violations of labor safety standards;

To identify persons guilty of violations of labor protection standards and those responsible for the violations;

To determine the persons responsible for cases of injuries and occupational diseases on the territory of the organization where the labor of contractors and subcontractors is used.

1. Information about the enterprise:

The organization uses the labor of contractors and subcontractors, as well as individuals on the basis of concluded contracts.

This instruction is an integral part of all contracts for the construction of a facility.

Familiarization against signature in the induction briefing log is carried out with the responsible producers of work of contracting (subcontracting) organizations and performers of work according to the list provided by these organizations.

Get training safe methods and methods of performing work on labor protection, providing first aid in case of accidents at work, instruction on labor protection, on-the-job training, testing of knowledge of labor protection requirements;

Note: Lack of proper qualifications, as well as failure to undergo training within the prescribed period, obliges the employee to use the article presented to him. 219 the right to refuse work, because | may cause danger to life and health.

Immediately notify your immediate or superior manager about any situation that threatens the life and health of people, about every accident that occurs at work, or about a deterioration in health, including the manifestation of signs of acute occupational disease(poisoning);

Pass mandatory preliminary (upon entry to work) and periodic (during labor activity) medical examinations (examinations).

Note: be sure to inform management about the presence of epileptic diseases, impaired physiological functions when at height, and other chronic diseases that can lead to injuries.

In accordance with the procedure established in the organization, each employee should not start work until his workplace meets labor protection requirements. If there are violations of labor safety standards, the employee is obliged to exercise the right granted to him by Art. 219 to refuse this job and inform the employer about the decision taken. The absence of this message or continuation of work with violations of safety measures is qualified as a gross failure by the employee to fulfill the duties set out in Art. 214 of the Labor Code, this instruction and violation of labor discipline.

In accordance with Art. 219 every employee has the right:

To receive information about the risk of damage to health and measures to protect against hazardous and harmful production factors from your immediate supervisor;

To provide protective equipment;

For training in safe working methods;

To personally participate in the consideration of safety issues at your workplace;

For an extraordinary medical examination;

For compensation in accordance with the employment contract if he is engaged in heavy work and work with harmful or dangerous working conditions.

An employee's refusal to perform work in the event of a danger to his life and health does not entail bringing him to disciplinary liability.

3. Repair and construction work is regulated by GOST SSBT, which classify hazardous and harmful production factors and measures to eliminate or reduce their impact on worker health.

Exposure to hazardous factors leads to injuries, harmful factors - to occupational diseases.

Based on the nature of their action, dangerous and harmful factors are divided into:

Physical;

Chemical;

Biological; -psychophysiological. Physical factors are divided into:

The location of the workplace at a significant height relative to the ground or floor;

Unstable structures, unstable slopes of excavations, trenches, embankments;

Moving machines and mechanisms, lifting and transport devices, moving parts production equipment;

Increased voltage in electrical circuit, the circuit of which can pass through the human body;

Increased smoke and air pollution in the working area;

Increased level of vibration and noise;

Increased surface temperature of equipment and materials.

Chemical factors:

Poisoning;

Radiation exposure. Biological factors:

Animals, insects and plant microorganisms;

Selective control and methodological guidance on labor protection is carried out by a labor protection engineer.

Daily, constant monitoring of compliance with safety measures by subordinate personnel is carried out by officials who issued the production task.

Weekly monitoring is carried out by the chief engineer.

Monthly monitoring is carried out by the employer or his deputy.

4.2. Production areas, work areas and workplaces must be prepared to ensure safe work. Ending preparatory work must be adopted according to the act on the implementation of occupational safety measures. Admission to building object unauthorized persons, as well as workers who are drunk or not engaged in work in this territory are prohibited.

Responsibility for failure to comply with this requirement lies with officials at whose disposal a section of the territory is allocated under the act of admission to production. independent work under the technical direction of contractors or subcontractors. Production areas and work areas on the site must be fenced in accordance with clause 6.2.2. SNiP. Passage areas for people within hazardous areas must have protective barriers. Entrances to a building under construction must be protected by a canopy at least 2 m wide from the building wall, the angle should be 70-75°.

At the entrance to the site, it is necessary to install a diagram inside construction roads and driveways indicating storage areas and turning points Vehicle, fire water supply facilities, etc. The organization of traffic must be regulated by road signs.

When carrying out excavation work, pits, pits, trenches and ditches in places where there is movement of people and vehicles must be fenced in accordance with clause 6.2.2, SNiP. In places where trenches are crossed, bridges with a width of at least 1 m must be installed, fenced with railings at least 1.1 m high with continuous cladding at the bottom to a height of 0.15 m and with an additional fencing strip at a height of 0.5 m from the flooring.

Work areas and workplaces must be illuminated. Work in unlit areas is not permitted.

Wells and pits must be covered with covers, shields or fenced.

When the air temperature in the workplace is below 10° C, workers must be provided with heating facilities.

Passages at workplaces and to workplaces must meet the following requirements:

the width of single passages to and at workplaces must be at least 0.6 m, and the clear height must be at least 1.8 m;

ladders or brackets used for ascending or descending to workplaces located at a height of more than 5.0 m must be equipped with devices for securing the safety belt halyard.

When performing work at height below, under the work site, it is necessary to identify hazardous areas. When combining work on one vertical line, the lower places must be equipped protective devices, installed at a distance of no more than 6.0 m vertically.

To allow workers to walk on a roof with a slope of more than 20°, as well as on a roof with a coating that is not designed to withstand the load from the weight of the worker, it is necessary to install ladders at least 0.3 m wide with transverse bars to rest their feet. Ladders must be secured. I

Storage of materials, laying transport routes, installation of supports air lines power transmission must be carried out within the soil collapse prism of loose excavations. Materials must be mixed in specially designated areas, taking measures against spontaneous displacement. It is prohibited to store materials on bulk, uncompacted pounds.

Materials should be laid out as follows:

bricks in bags on pallets - no more than two tiers, in containers - one tier, without containers - no more than 1.7 m high;

wall panels - in cassettes or pyramids;

wall blocks - in a stack of two tiers;

crossbars and columns - in a stack no more than 2.0 m high;

small-grade metal - in a rack up to 1.5 m high;

sanitary and ventilation blocks - in a stack of up to 2.0 m;

large-sized and heavy equipment and its parts - one tier on supports;

glass in boxes and rolled materials- vertically in one row: on spacers;

pipes with a diameter of up to 300 mm - in a stack of up to 3.0 m with end stops;

pipes with a diameter of more than 300 mm - in a stack of up to 3.0 m in a saddle without gaskets with end stops.

Between stacks (racks) there are passages of at least 1.0 m and passages, the width of which depends on the dimensions of the vehicles.

Leaning materials and products against fences, trees and elements of temporary and permanent structures is not allowed.

The construction and technical condition of temporary and permanent electrical networks should be carried out only by electrical personnel who have the appropriate electrical safety group.

Dismantling of temporary electrical networks up to 1000 V must be carried out on supports or structures at a height above ground level, flooring, not less than (m):

3.5 - above the aisles;

6.0 - over passages;

2.5 - above workplaces.

Install lamps at a height of at least 2.5 m.

It is prohibited to use stationary lamps as portable ones.

If the suspension height is less than 2.5 m, it is necessary to use lamps up to 42 V.

Switches, switches on outdoors or in wet areas must be protected.

Distribution boards and switches must have locking devices.

Plug sockets for current up to 20 A (outdoors) for powering hand-held power tools used outdoors must be protected by devices protective shutdown(RCD) with a response current of no more than 30 mA, or each socket must be powered from an individual isolation transformer with voltage secondary winding no more than 42 V.

Sockets and plugs up to 42 V must be designed differently from units over 42 V.

Metal scaffolding, work site fences, shelves and cable trays, and rail tracks must be grounded.

Live parts must be insulated, fenced or placed in places inaccessible to accidental touch.

Preparation of the workplace and admission to work of seconded personnel is carried out in all cases by the electrical technical personnel of the organization that carries out the work. this moment technical manual work in a designated area of ​​the facility.

When ensuring fire safety measures, you should know and comply with the requirements set out in PPB-01-03, as well as the instructions in force at the specified facility.

4.3. Exploitation construction machines and mechanisms without those provided for by design and technical documentation fencing devices are prohibited.

Operation lifting mechanisms carried out in accordance with the requirements of the instructions in force at the facility, the operating instructions and the relevant rules of Gosgortekhnadzor by personnel who have passed an annual labor safety knowledge test.

Installation (dismantling) of mechanization equipment must be carried out under the supervision of the person responsible for the good condition of the machines, or the person to whom the installers are subordinate.

The installation (dismantling) area is fenced.

Installation (dismantling) outdoors in icy conditions, fog, snowfall, hail, at air temperatures below or at wind speeds above the limits specified in the vehicle passport is not allowed.

When placing mobile machines, the work manager determines the working area of ​​the machine and the boundaries of the dangerous zone it creates. This provides an overview working area, otherwise the signalman will be allocated. Dangerous areas are indicated by safety signs or warning notices. When placing machines, measures are taken to prevent them from tipping over. Installation of machines near excavations with unreinforced slopes is permitted only outside the soil collapse prism at a distance established by the organizational and technological documentation. Otherwise, you must follow Table 1, clause 7.2. SNiP.

The work of machines in the security zone of the power line is carried out in accordance with clause 7.2.5 of SNiP and must be organized by the manager of these works.

4.4. Special safety measures must be taken when working at a height of more than 1.3 m using scaffolding. Personnel performing this work must be trained in the requirements set out in clause 7.4 of SNiP and familiarized with the instructions in force at the facility.

Scaffolding that does not have its own design stability must be attached to the building in the ways specified in the manufacturer’s documentation. The attachment points are indicated in the organizational and technological documentation. In the absence of special instructions, fastening to the walls should be carried out at least through one tier for the outer racks, through two spans for upper tier and one fastening for every 50 m2 of scaffolding surface projection onto the building facade.

It is not allowed to attach scaffolding to parapets, cornices, balconies and other protruding parts of buildings.

Forests located near driveways must be fenced with fenders.

The impact of loads on scaffolding should not exceed those calculated according to the project or specifications.

In places where people are lifted, posters should be placed indicating the layout and the magnitude of the permissible loads, as well as the evacuation scheme. Scaffolding must be equipped with ladders for ascent and descent of people.

All scaffolding must have level working floors with a gap of no more than 5 mm between the boards. From a height of 1.3 m, fencing and side elements are required.

The height of the fence must be at least 1.1 m, the side element - at least 0.15 m, the distance between horizontal lines - no more than 0.5 m.

The overlap of decking panels is allowed only along their length, and the ends of the joined elements must be located on the support and overlap it by at least 0.2 m in each direction.

Scaffolding and scaffolding with a height of up to 4.0 m are allowed into operation only after they have been accepted by the work manufacturer or foreman and registered in the work log. Scaffolding above 4.0 m is accepted by the commission appointed responsible for ensuring labor safety at the site.

Scaffolding with a height of 6.0 m or more must have two floorings - working and protective (lower), and each workplace on scaffolding adjacent to the building, it must be protected from above by a deck located at a height distance of no more than 2.0 m from the working deck. In cases where work is not planned under scaffolding, the installation of a protective (bottom) flooring is not necessary.

Scaffolding and scaffolding are inspected by a foreman every 10 days with an entry in the work log and additionally after rain, strong wind, earthquakes, etc.

When moving mobile scaffolding equipment, they must be cleared of people and materials. It is prohibited to travel when the wind speed is more than 10 m/sec.

Suspended scaffolding, after installation, before work on it, is tested for 1 hour with a load exceeding the standard by 20%.

Lifting scaffolds are also tested for dynamic load more than 10% of the standard.

The results of all tests are recorded in the work log.

Non-inventory scaffolding (ladders, stepladders, gangways, bridges) must be made in accordance with GOST standards from metal or softwood lumber of grades 1 and 2.

The length of ladders is more than 5.0 m. The slope should not exceed 60°. Before using the ladder, they are tested with a load of 120 kg applied to one of the steps in the middle of the flight of the ladder, which is in the operating position. Wooden stairs are tested every six months, metal ones - once a year.

Extension ladders and stepladders must be equipped with devices that prevent the possibility of them shifting and tipping over (for ground - shackles with sharp tips, for smooth surfaces- shoes).

When working from an extension ladder at a height of more than 1.3 m, fastening with a safety belt is mandatory.

It is not allowed to work on portable ladders and stepladders near or above rotating mechanisms; using manual machines, gas - electric welding; work on tensioning wires and supporting heavy loads.

The operation of hand-held electric and pneumatic tools is regulated by the instructions in force at the facility and the operating instructions for each type of tool.

4.5. Transport and loading and unloading work at the site should be carried out after reading the instructions in force at the enterprise, and for engineering and technical personnel - with section 8 of SNiP.

The vehicle used for loading and unloading operations must match the nature of the cargo being processed.

The sites for these works should have a slope of no more than 5°.

When placing cars on platforms one after another, the distance between them is at least 1.0 m, and with those standing next to each other - at least 1.5 m. Between the building and the tailgate - at least 0.5 m, between the car and the stack of cargo - not less than 1.0 m.

Carrying materials on stretchers over a distance of more than 50 m or along ladders and stepladders is prohibited.

Loading and unloading operations must be carried out mechanically under the supervision of a person responsible for the safe operation of the crane. He is obliged to check the serviceability of technical equipment and explain to employees their responsibilities. You prohibit the presence of unauthorized persons in work areas

Before loading or unloading panels, blocks and other reinforced concrete structures, mounting hinges must be cleaned and straightened.

Workers authorized to work on unloading (loading) dangerous and especially dangerous goods must undergo a preliminary medical examination, training and knowledge testing annually, and instruction on labor protection. These works are carried out according to the work permit.

Loading and unloading operations with bulk materials must be carried out using mechanization and the use of personal protection. It is allowed to perform manual work with cement, lime, etc. at a material temperature of no more than 40°C.

Unloading dangerous cargo should be done with the engine turned off.

Rigging work or slinging of loads must be carried out by persons who have a certificate for the right to perform these works.

Methods for slinging loads must exclude the possibility of the load falling or sliding.

4.6. Safety requirements when performing electric welding and gas-flame work are regulated by Section 9 of SNiP and the instructions in force at the enterprise.

Electric welders must have an electrical safety group of at least II and confirm it annually.

Work sites must be freed from combustible materials within a radius of at least 5.0 m, and from explosive equipment and materials - at least 10.0 m.

Work without initial and repeated instruction on labor protection once a quarter is not allowed.

4.7. Some definitions and terms:

Employer - organization ( entity), represented by its leader.

Worker - individual, working in an organization on the basis of an employment contract.

Labor protection is a system for preserving the life and health of workers in the process of work.

A hazardous production factor is a factor leading to injury.

A harmful production factor is a factor leading to occupational disease.

4.8. An approval certificate for construction and installation work on the territory of the organization must be issued before the start of work by contractors. The approval certificate is drawn up by the chief engineer of the General Contractor together with the responsible contractor from the contractor.

The chief engineer of the General Contracting Organization is personally responsible for the untimely execution of the approval certificate in the form established in the appendix to SNiP.

Admission to the site is made after developing, together with the Contractor, a schedule for performing combined work and ensuring joint measures to ensure these works.

The Chief Engineer of the General Contractor determines and provides the Contractor with a section of the territory limited by the appropriate coordinates under the guidance of the Contractor, after which the latter is responsible for organizing work in the allocated area. If joint measures are required before the start of work, they are recorded in the approval certificate and implemented within the agreed time frame.

4.9. A work permit for work in areas where hazardous or harmful factors are present is issued by the chief engineer of the General Contracting Organization to the foreman or foreman of the General Contracting Organization to perform work in areas where hazardous production factors are present, the occurrence of which is not related to the nature of the work performed.

The work permit is issued for the period necessary to complete a given scope of work and is controlled by the chief engineer.

Contractors bear full responsibility for the work carried out by their workers in hazardous areas! factors without issuing a work permit.

4.10. Sample list places of production and types of work, on1; the implementation of which requires the issuance of a work permit, SNiP.

EL. Carrying out work using hydraulic machines and cranes in security zones overhead power lines, warehouses of flammable liquids and flammable liquids or liquefied gases.

E.2. Carrying out work in wells, pits, confined and hard-to-reach spaces.

earthworks in areas with pathogenic soil contamination, in security zones of underground communications.

E.4. Carrying out dismantling of equipment, as well as carrying out repair or any construction and installation work in the presence of hazardous factors operating at the facility.

E.5. Carrying out work in areas where there is or may be a danger from adjacent areas.

E.6. Carrying out work in close proximity to roadways.

E.7. Performing gas hazardous work.

4.11.The boundaries of dangerous zones based on the influence of hazardous factors are related to the places over which the movement of goods occurs! cranes, as well as near a building under construction.

Protective fences and safety signs must be installed at the boundaries of zones. To carry out work in these areas, the issuance of a permit is required.

4.12. Organizational and technological documentation must contain specific design decisions on occupational safety that determine technical means and work methods.

It is not allowed to replace design solutions with extracts from labor safety standards and regulations.

Responsibility for the composition and content of design decisions for the organization of construction and installation work lies with the responsible producers of the work of the contracting organizations carrying out this work in the territory assigned by the permit certificate. The guide to action is SNiP.

4.13. Industrial areas for construction - installation work must be prepared to ensure safe work performance.

Preparatory work must be completed before construction work begins.

The completion of preparatory work at the construction site must be accepted according to the “Act on the implementation of occupational safety measures”, drawn up in accordance with SNiP.

5. Personal protective equipment is provided to workers according to the list approved by the employer on the basis of the “Rules” approved by the resolution of the Ministry of Labor of Russia dated December 12, 1998, paragraph 51 and “Model Standards”.

6. Safety signs are installed at the construction site to notify workers about hazardous factors and areas of their action in accordance with the standards of safety standards and on the grounds specified in clauses 4.9 and 4.10 of SNiP.

7. The investigation and recording of industrial accidents is carried out in strict accordance with the Regulations approved by Decree of the Government of the Russian Federation No. 73 of 01/01/01.

Cases involving employees when they perform their job duties and work on behalf of the organization are subject to investigation and recording.

The following are investigated and subject to recording as industrial accidents:

injury, including that resulting from bodily injury by another person, acute poisoning, heat stroke, burns, frostbite, drowning, electric shock, lightning, radiation, insect and reptile bites, bodily injuries caused by animals, damage resulting from explosions, accidents, destruction of buildings, structures and structures, natural disasters and other emergencies , resulting in the need to transfer the employee to another job, temporary or permanent loss of ability to work, or his death, if they occurred:

a) during the working day on the territory of the organization or outside it (including established breaks);

b) when traveling to or from work on transport provided by the employer or on personal transport with an appropriate agreement or order from the employer on its use for production purposes;

c) when traveling to the place of business trip and back;

d) when traveling in a vehicle as a replacement;

f) when inviting an employee to participate in the liquidation of a disaster, accident and other emergencies of a natural and man-made nature;

g) when carrying out actions not included in the employee’s job duties, but performed by him in the interests of the employer.

The victim or eyewitness immediately notifies his work supervisor about every accident that occurs at work; organizes first aid; takes measures to prevent the development emergency situation; preserves the situation as it was at the time of the incident until the investigation begins. If it is impossible to record the situation, it is necessary to make a diagram of the incident.

All cases with a fatal or serious outcome, group cases are investigated by the labor inspectorate, which, upon completion of the investigation, transfers the investigation materials to the Prosecutor's Office. The remaining cases are investigated by the employer through its own commission.

The degree of severity is determined at the request of the employer by clinical expert commissions (CEC) medical institution, where the victim is treated within 3 days from the date of receipt of the request. Order of the Ministry of Health and Social Development of the Russian Federation dated January 1, 2001! No. 000 “On determining the severity of health damage in industrial accidents.”

8. Russia provides for strict measures of prosecutorial supervision over omissions in labor safety. Thus, in the instruction of the General Prosecutor's Office of the Russian Federation dated July 6, 2000 No. 000/7, the courts are guided by the application of additional punishment to the defendant in the form of deprivation of the right to hold a certain position or engage in certain activities. The Prosecutor General ordered to increase the efficiency of prosecutorial supervision over the timeliness and legality of procedural decisions made, to immediately initiate criminal cases if a crime is obvious and to ensure the prompt implementation of investigative actions. For each case of concealment from recording accidents at work, raise the question of bringing the perpetrators to justice.

9. Fire safety at the facility is organized in accordance with technical regulations about the requirements fire safety(Federal Law of July 22, 2008), as well as instructions approved by the head of the enterprise.

10. First aid measures medical care to the victim are set out in the induction training instructions for full-time employees of the enterprise.

Induction program

on labor protection for enterprise employees

and other construction participants involved

as a contract or subcontract

1. General information about the enterprise.

2. Labor protection requirements set out in Labor Code RF and in Federal law“On the basics of labor protection in the Russian Federation.”

3. Requirements of the Occupational Safety Standards System (OSSS) and GOSTs for the safe conduct of construction and installation work.

4. Requirements of Building Codes and Rules for Occupational Safety in Construction, Part I, SNiP " General requirements».

4.1. Organization of work to ensure labor protection.

4.2. Organization of production areas, work areas and workplaces.

4.3. Operation of construction machines, vehicles, production equipment, mechanization, devices, equipment, hand-held machines and tools.

4.4. Transport and loading and unloading operations.

4.5. Safety requirements when performing electric welding and gas-flame work.

4.6. Terms and definitions for labor protection.

4.7. Certificate of approval for construction and installation work on the territory of a third-party organization.

4.8. Work permit for work in areas where hazardous or harmful factors are present.

4.9. A list of places (conditions) of production and types of work for which it is necessary to issue a work permit.

4.10. Boundaries of dangerous zones according to the influence of hazardous factors.

4.11.Composition and content of the main design decisions on occupational safety in the organizational and technological documentation.

4.12.Certificate of compliance of completed off-site and on-site preparatory work with labor safety requirements and readiness of the facility for the start of construction.

5. Personal protective equipment against injuries and occupational diseases.

6. Safety signs.

7. Investigation and recording of industrial accidents.

8. Bodies of control and supervision over compliance with labor safety standards.

9. Fire safety.

10. Measures to provide first aid to the victim.

How to properly organize work with a contractor?

Briefly the main thing:

  1. Your company must have developed Standard (Regulations) on working with contractors.Sample this provision can be ordered at:[email protected]
  2. Secure labor protection requirements in the contract with the contractor: add a separate section to the contract “Labor safety when performing work”
  3. Make sure you have contractor's personnel there are certificates for labor protection and the right to work (gas-electric welder, slinger, etc.), and that workers are provided with necessary means protection
  4. Your Customer is not responsible for an accident involving your contractor's personnel. The general contractor (i.e., your organization) is responsible for the subcontractor to the customer.

If an organization engages contractors, it must conduct a number of measures to ensure that contractors and their employees comply with labor protection requirements. For this:

  • require contractors to report all employee incidents (injuries, illnesses and contractor incidents);
  • familiarize the contractor's employees with the hazards in the workplace, give them introductory training, check the availability of certificates of completion of training in labor safety and to perform specific work;
  • Monitor compliance with labor safety requirements by the contractor at the organization’s site.

These requirements are specified in clause 4.10.5.2 of GOST 12.0.230–2007 “SSBT. Occupational safety management systems. General requirements".

If all these activities are completed in full, the general contractor is not responsible for a possible accident with the contractor's employees.

How to establish labor protection requirements in an agreement with a contractor

To ensure labor safety on the territory of the organization, as well as to delimit responsibility for work safety, add a separate section to the contract agreement. It can be called “Labor safety when performing work.”

Who is responsible for labor protection under a subcontract agreement?

The contractor has the right to involve other persons - subcontractors - in the fulfillment of his obligations, unless this is expressly prohibited by law or contract (Article 706 of the Civil Code of the Russian Federation). If a contractor enters into civil contracts with hired workers, then these are also subcontracts.

The general contractor is responsible for non-fulfillment or improper fulfillment of obligations by the customer under the contract to the subcontractor.

The customer is responsible for compliance with labor safety requirements only to the general contractor. And the contractor and subcontractors interact with each other in terms of labor protection in the same way as the customer and the general contractor.

How to organize labor protection when working under a personnel supply agreement

The lists of works where outsourced labor cannot be used were approved by order of the Ministry of Labor of Russia and Rostekhnadzor dated November 11, 2015 No. 858n/455.

An organization may enter into a civil contract with a contractor for certain works or services of a one-time or periodic nature (Chapter 39 of the Civil Code of the Russian Federation). One way to find such performers is outsourcing. In this case, the staff is selected by a recruitment agency. It makes a deal with employees employment contracts, and subsequently, under a service agreement, provides workers to the customer. There are lists of types of work for which workers cannot be recruited in this way. This applies to work at sites of hazard classes I and II.

The responsibility to ensure the safety of workers and train them in labor safety requirements lies with the employer, in this case - with recruitment agency(Article 212 of the Labor Code of the Russian Federation). If an accident occurs with such workers, it is investigated by a commission formed by the receiving party. The commission includes a representative of the employer who sent this employee (Article 341.4 of the Labor Code of the Russian Federation).

1. General Provisions

1.1. This provision defines the main functions of the general contractor in terms of its relationships with the customer and subcontractors.

1.2. General contractor is a contractor who engages other persons under subcontract agreements to fulfill certain of its obligations.

1.3. In its activities, the general contractor is guided by the Civil Code of the Russian Federation and other regulatory legal acts regulating the procedure for concluding and executing construction contracts.

1.4. The contractor acquires the functions of a general contractor if the construction contract does not imply the obligation to fulfill contractual obligations only with his own resources.

1.5. The subcontract agreement stipulates which party will perform certain auxiliary operations during production construction work.

1.6. Acceptance by the general contractor and delivery by subcontractors of completed work and finished objects is carried out in the manner determined by regulatory legal acts, subcontract agreements and regulatory and technical documents.

2. Main functions of the general contractor

2.1. Selecting subcontractors for execution individual species construction work (hereinafter referred to as work) in agreement with the customer or independently. The general contractor has the right to organize tenders in in the prescribed manner or select a subcontractor through direct negotiations with him.

2.2. Concluding subcontract agreements with subcontractors in the prescribed manner.

2.3. Coordination of the work of all subcontractors involved in the construction of the facility.

2.4. Transfer to subcontractors of agreed upon design and estimate documentation, documents on geodetic alignment and permits for special work, which have undergone examination and are approved in accordance with the established procedure, if the consent of the relevant organizations is required (blasting works, cable laying and others) in terms of the types of work they perform , within the time limits established by the subcontract agreement, when these functions are the subject of the agreement.

2.5. Drawing up with the participation of subcontractors and approval in agreement with them:

Work production schedules;

Delivery schedules building materials, products, structures and equipment.

2.6. Monitoring and supervising the compliance of the volume, cost and quality of work performed by subcontractors with the project, building codes, standards and subcontract agreement. At the same time, the general contractor has the right at any time to check the progress and quality of the work and the materials, products, structures and equipment used by the subcontractor, without interfering with its operational and economic activities. In case of systematic violation of the project requirements, building codes and standards, the general contractor has the right to suspend the work until all identified deficiencies are eliminated.

2.7. Ensuring the construction readiness of the facility, structures and certain types of work that are necessary for the production activities of subcontractors that are the subject of the subcontract agreement, transferring the scope of work according to the act, allowing them to freely carry out the work assigned to them by the construction contract.

2.8. Acceptance of completed types of work from the subcontractor and payment for them in the manner established by the subcontract agreement.

2.9. Determining the responsibilities of the subcontractor for the supply of building materials, products, structures and equipment necessary for the production of the work performed by him.

2.10. Organization of presentation of standard apartments, materials, products, structures, types of work, plumbing and electrical equipment during the construction of residential and public buildings.

2.11. Providing services to subcontractors determined by agreement between them and specified in the subcontract agreement, in particular:

Provision of temporary buildings and structures;

Providing employees of subcontracting enterprises with cultural and community services along with their own staff;

Providing, in accordance with the construction organization project, electricity, water, steam, gas and other resources necessary to carry out subcontracting work;

Fire guards at the construction site;

Providing the opportunity to use lifting and transport equipment;

Ensuring the safety of materials, products, structures, equipment, construction machines and other property brought by subcontractors to the construction site, as well as completed construction work delivered by subcontractors before delivery of the facility to the customer;

Ensuring safe working conditions at a facility under construction and taking general measures regarding safety and fire safety (installation of fences, protective canopies and nets, fencing of hatches and openings, etc.);

Other services provided in additional conditions subcontract agreements.

2.12. Perform other functions provided for by regulatory and technical documents and subcontract agreements.

3. Main functions of the subcontractor:

3.1. Participation in the preparation or preparation of a draft subcontract agreement and determination of the contract price.

3.2. Participation in the development of schedules for the production of work and the supply of building materials, products, structures and equipment, as well as their coordination before approval.

3.3. Participation in the presentation of standard apartments, materials, products, structures, types of construction work, plumbing and electrical equipment during the construction of residential and public buildings.

3.4. Coordination with the general contractor of the materials, products, structures, plumbing, electrical and other types of equipment used, if this is provided for in the subcontract agreement.

3.5. Ensuring that the work that is the subject of the subcontract agreement is performed in accordance with the project, building codes, standards and the construction contract, within the time limits established by the contract and work schedules.

3.6. Performance individual test installed equipment or engineering systems, timely elimination of defects identified during construction.

3.7. Delivery of completed work to the general contractor in the prescribed manner.

3.8. Ensuring safe conditions during work, compliance with safety standards and regulations, fire safety measures and labor legislation.

3.9. Implementation of systematic work during the production process, and upon completion of work, final cleaning of workplaces from remnants of materials and waste generated as a result of their work at the site.

3.10. Providing the general contractor with the necessary executive documentation in accordance with the current procedure for delivery of completed work.

3.11. Participation in the delivery of the object to the customer.

3.12. Insurance of construction risks related to the work performed, if such a condition is provided for in the subcontract agreement.

3.13. Providing services to the general contractor, if provided for in the subcontract agreement.

3.14. Perform other functions provided for by regulatory and technical documents and subcontract agreements.

4. Payment for work under a contract

4.1. The procedure and terms of payment for work performed by the general contractor are established in the construction contract by agreement of the parties.

The contract specifies the cost (price) of the work to be performed that is the subject of the contract, or the methods for determining it.

By agreement between the contractor and the customer, fixed or approximate (open) contract prices for construction products may be used.

The contracting parties draw up an agreement on the size of the price and its type (firm or open) in the form of a protocol (statement) for agreeing on the contract price or stipulate it in a separate clause of the contract they conclude.

4.2. The construction contract may provide for the customer’s right to delay payment to the general contractor for work performed by him in the following cases:

Failure to eliminate the previously mentioned defects in the work submitted for payment;

Causing damage to the customer;

Lack of completed work from the volumes provided for in the work schedule.

4.3. In the contract agreement, the parties (general contractor and subcontractor) determine the procedure for reimbursement by the subcontractor of the cost of services provided by the general contractor to provide the subcontractor with technical documentation; coordination of work; acceptance from the subcontractor and delivery to the customer of work performed by the subcontractor; safety precautions at the site; providing the subcontractor with title temporary buildings and structures, etc. The specific amount of the cost of the services provided is established by the contracting parties according to an agreed list when concluding a contract.

5. Responsibility of the parties to the contract

5.1. The types and extent of liability of the general contractor and subcontractor for failure to fulfill or improper fulfillment of their obligations are established by the civil legislation of the Russian Federation and the construction contract.

5.2. The general contractor is responsible to the customer for the consequences of non-fulfillment or improper fulfillment of obligations by the subcontractor, and to the subcontractor is responsible for the non-fulfillment or improper fulfillment of obligations by the customer under the contract.

5.3. Unless otherwise provided by law or contract, the customer and the subcontractor do not have the right to make claims against each other related to the violation of contracts concluded by each of them with the general contractor.

An organization that engages contractors to perform work must ensure labor protection. Let us consider in this article how occupational safety measures are regulated? Who provides the training? How to differentiate responsibilities in a contract?

We comply with the law

Despite the widespread use of contracting relationships, the organization of labor protection for contractors still raises many questions. In particular, what standards govern the labor protection of contractors?
So, GOST 12.0.230-2007. Interstate standard. System of occupational safety standards. Occupational safety management systems. The general requirements, approved by Order of Rostekhregulirovaniya dated July 10, 2007 N 169-st (hereinafter referred to as GOST 12.0.230-2007), defines labor protection measures that must be ensured by the organization that engages contractors to perform the work (customer organization). The customer is obliged to provide these measures (clause 4.10.5).
This relieves the customer organization from liability for a possible accident with employees of the contractor organization. Otherwise, when investigating an accident with the contractor’s employees, act N-1 (clause 9) will indicate the rules and regulations that were violated by the customer organization, and its percentage of fault.

We provide instructions

Conducting labor safety briefings for employees (introductory, initial at the workplace, repeated, unscheduled, targeted) is the responsibility of the employer in accordance with Art. 212 of the Labor Code of the Russian Federation and clause 2.1 of the Procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations, approved by Resolution of the Ministry of Labor of Russia, Ministry of Education of Russia dated January 13, 2003 N 1/29 (hereinafter referred to as Training Procedure N 1/29).
It is not determined whether the customer or the contractor should do this. It is only stipulated that employees of third-party organizations performing work in the allocated area are given introductory training (clause 2.1.2 of Training Procedure No. 1/29).
Based on this formulation, we can conclude that the customer organization is obliged to conduct induction training with employees of the contractor organization.
Primary, repeated, unscheduled and targeted briefings are carried out by the direct supervisor of the work from the contractor organization in accordance with the requirements of clause 2.1.3 of the Training Procedure No. 1/29.
It is worth considering that, according to clause 4.10.5.2 of GOST 12.0.230-2007, the customer organization must methodically monitor compliance with labor protection requirements in the activities of the contractor organization at the organization’s site and ensure that the required labor protection procedures and measures will be carried out by the contractor.
To fulfill this requirement, the customer organization must ensure that the contractor implements the required labor protection procedures and measures at the organization’s site. For this purpose, an order should appoint a responsible person from the customer organization, who will supervise the conduct of the necessary labor safety briefings by the immediate supervisor of the contractor's employees.

We differentiate responsibility

In order to comply with legal requirements regarding labor protection, as well as to delimit responsibility for ensuring the safety of work performed between the customer organization and the contractor organization, it is necessary to clearly state in the contract agreement which labor protection measures the customer is responsible for, and for which the contractor is responsible.
To do this, it is recommended to include the following conditions in the text of the contract.
1. Regarding the customer organization:
- the customer organization informs the contractor organization about possible hazards in the work area and measures to prevent and limit their impact;
- the customer organization conducts introductory training on labor protection for employees of the contractor organization;
- the customer organization monitors compliance with labor protection requirements in the contractor’s activities at the organization’s site.
2. Regarding the contractor organization:
- the contractor organization attracts qualified personnel to carry out the work and conducts training for this personnel on labor protection and fire safety;
- the contracting organization provides workers with special clothing, safety footwear and other necessary personal protective equipment in accordance with the Standard Standards for Providing Workers with Personal Protective Equipment;
- the contractor organization provides the customer organization with documentation confirming that employees have completed labor protection training and knowledge testing of labor protection requirements, labor safety briefings, fire safety, electrical safety, etc.
The implementation of these occupational safety measures will not only ensure safe conditions labor for workers, but will also help avoid accidents at work.

The contract for the provision of services is a civil contract (contract).

Labor legislation and other acts containing labor law norms do not apply to persons working on the basis of civil contracts (Article 11 of the Labor Code of the Russian Federation). That is, the customer of the contract is not responsible for the safe working conditions of the Contractor.

However, it should be borne in mind that according to GOST 12.0.230-2007 “SSBT. Occupational safety management systems. General Requirements” (clause 4.10.5.2), an organization that engages contractors to perform a certain type of work must ensure that contractors carry out a number of labor protection measures.

These activities should include, inter alia, familiarization with the hazards of the workplaces of contractors and/or their employees, as well as their briefing at the workplace before starting work in order to ensure the safety and health of the contractor’s employees during the performance of work at the organization’s site (clause. item d)

In addition, it is necessary to methodically monitor the implementation of labor protection requirements in the contractor’s activities at the organization’s site and ensure that the contractor(s) comply with the required labor protection procedures and measures at the organization’s site (items e, f).

We draw your attention to the fact that the customer must ensure that initial training of workers is carried out and that the contractor implements the required labor protection procedures and measures at the organization’s site. That is, it is necessary by order to appoint a responsible person from organization A, who will supervise the initial briefing at the workplace of employees of organization B by the immediate supervisor of the cleaning company employees.

And then repeated briefings.

If the above measures are completed in full, then the customer is not responsible for a possible accident with an employee of organization B. Otherwise, when investigating the accident, act N-1 (clause 9) indicates the rules and regulations that were violated by the customer and his fault in percentage.

If an employee of organization A was injured due to the fault of an employee of organization B, then the question of who is to blame for this accident and who will be held responsible will be resolved during the investigation by an accident investigation commission created by order of the head of organization A (Article 229 of the Labor Code RF).

According to the Labor Code of the Russian Federation, the head of organization A is responsible for the safety in the workplace of an employee of organization A (Article 212 of the Labor Code of the Russian Federation).

In order to ensure labor safety on the territory of organization A, as well as to delimit responsibility for ensuring the safety of the work performed, it is advisable to include a separate article in the contract agreement (or draw up additional agreement to the agreement). It may be called “Labor safety when performing work” and include, for example, the following points:

1. The contractor (cleaning company) is responsible for the implementation necessary measures on labor protection and safe work performance.

2. The Contractor submits to the Customer (organization A) orders for the appointment of persons responsible for:

    ensuring labor protection;

    conducting initial and repeated briefings;

    fire safety;

    electrical safety.

3. The contractor is obliged to allocate responsible persons from among the specialists for connecting power tools.

4. To perform the work, the Contractor is obliged to attract only qualified workers trained in labor protection, to allow only workers provided with special clothing, special footwear, and other personal equipment, as well as those who have undergone fire safety training, to carry out work.

5. The contractor is responsible in accordance with the law Russian Federation for violation of fire safety requirements, and also compensates for damage caused to the Customer as a result of a fire that arose through his fault at the Facility.

6. The customer is obliged:

    inform the Contractor about the dangers at the Site and measures to prevent them;

    conduct induction training for the Contractor's employees in order to ensure the safety and health of workers;

    methodically monitor compliance with labor safety requirements in the Contractor's activities.

7. In case of violation by the Contractor of the requirements of this article, the Customer reserves the right:

    suspend the Contractor's work until the violations are completely eliminated;

    immediately terminate the contract unilaterally in accordance with the terms of the contract in case of repeated violations (two or more) regulatory requirements labor protection during work.

Thus, the person appointed by order of the head of organization A must conduct induction training with employees of organization B.

Primary, repeated, unscheduled and targeted briefings must be carried out by the immediate supervisor of the work of employees of organization B (clause 7.6. GOST 12.0.004-90, clause 2.1.3. Procedure for training in labor protection, approved by the resolution of the Ministry of Labor of Russia and the Ministry of Education of Russia dated 13.01 .2003 No. 1/29, clause 7.7.1.5 GOST R 12.0.007-2009.

However, it should be noted that the Procedure for training on labor protection and testing knowledge of labor protection requirements for employees of organizations (No. 1\29) regulates the following: “The specific procedure, conditions, terms and frequency of all types of briefings on labor protection for employees of individual industries and organizations are regulated by the relevant industry and cross-industry regulatory legal acts on occupational safety and health” (clause 2.1.8.).

If your industry (organization A) has industry-specific or inter-industry acts regulating the conduct of initial training of employees of contractor organizations by the heads of the Customer's departments and otherwise is not specified in contracts with Contractors, you must follow the instructions of these acts.

Regarding which of the organizations should prepare workplaces for cleaning work, if this point is not specified in the contract, we inform you as follows. There are 2 options here:

1. Either this issue is verbally agreed upon by organization A with organization B, and then a corresponding order is issued by the head of organization A (with which the head of organization B is familiarized with signature).

2. Or an additional agreement to the contract is drawn up, which stipulates all the nuances.