An order document related to the appointment of a person responsible for labor protection at the enterprise is included in list of required papers, therefore it is used in all companies without exception. Typically, the position is taken by the person in charge of the department responsible for the safety of subordinate employees.
The procedure includes several nuances that must be followed, otherwise there is a possibility of getting fine and problems with the law.
The course of action of management depends on the specific situation, namely on whether there is an active specialist in the organization or absent.
- The company does not have an occupational safety specialist. The management team is based on Art. 217 of the Labor Code of the Russian Federation. His representative selects one employee from among managers and specialized specialists and assigns him to this position, assigning a number of tasks. This outcome of events should be considered only if the organization has up to 50 people performing duties. If the staff is larger, you need to ensure the creation of an entire service or hire a new person.
- The company already employs such a specialist. If a professional has already been hired, and the structure involves a large number of departments, workshops, warehouses, then each of them has its own employee responsible for labor protection (hereinafter - OSH). This obligation is prescribed not only within the framework of the employment agreement and job description, but also in the corresponding order.
A responsible employee can be appointed in both situations, regardless of who exactly performs the functions of the OT service.
Who can be appointed
If the state consists of less than 50 units, service creation is optional. A general director or other specialist from middle management is appointed for execution.
Hiring rules, training features and job responsibilities are regulated by the Labor Code of the Russian Federation, as well as Rostrud Resolutions.
The choice of the responsible specialist depends on the characteristics of the organization’s activities.
Once a specialist has been hired, within a month he undertakes to undergo special training in accordance with the training program.
If he has specialized education or work experience of at least 5 years continuously, then training takes place within a year from the date of entry into the position. Subsequently, advanced training is carried out as needed, but at least once every three years.
At the end of the course it is passed exam, and is given a certificate stating that his knowledge has been verified.
Basic documents
All activities related to occupational safety are carried out on the basis administrative and reporting papers. The preparation of the first group of documents is carried out at the stage of company formation. They include:
- orders;
- job descriptions;
- provisions related to the organization of the labor process;
- OT instructions;
- fire safety briefings;
- management orders.
It should also be taken into account that, in accordance with the Labor Code of the Russian Federation, some administrative acts regarding the rights and guarantees of employees cannot be done without taking into account the opinions of trade unions or other authorized services. As part of the application of administrative acts, first of all, people are appointed to positions the following persons:
- an official responsible for creating safe working conditions;
- employees responsible for safety in certain areas of the company;
- representatives of the state whose area of competence includes the company’s electrical facilities;
- other specialists, in accordance with the requirements and standards of industry instructions and standards.
Concerning documentation accounting group, then it includes papers reflecting work in the field of labor protection:
The general procedure for appointing a specialist to a position is as follows: in the following way:
- Selecting a suitable candidate.
- Order formation and assignment.
- Completing training events.
- Beginning of work duties.
- Periodic professional development.
The employee expects to receive supplements to the basic salary. Also, an auxiliary agreement on appointment to a new job is drawn up in addition to the employment contract. As you can see, within each company there is a huge amount of paperwork regulating labor protection and personnel safety.
Who creates
The process of writing an order is the responsibility of any employee who has a certain level of knowledge, skills, and qualifications. It is important that the compiler has general and specific understanding of labor and civil law, and also mastered the intricacies of office work.
More often, this obligation is included in the immediate work tasks of the lawyer, if there is one. If there is no employee, the function is assigned to the representative of the HR department, the secretary. In any case, regardless of who was involved in drawing up the document, it must be transmitted to signature to the manager, otherwise the document has no legal force.
Design rules
Due to the absence of any standard unified form, the document is filled out in free order. However, there should not be any particular difficulties. Moreover, a ready-made template can be developed within the enterprise, but it must be approved in the accounting policy.
It is imperative that a document of such a plan contain materials:
- detailed information about the organization itself;
- order number and date on which it was drawn up;
- responsible person for labor protection (full name, position);
- a complete list of options that it has.
If necessary, the specialist drawing up the document can provide links to other applications. The document can be drawn up by hand or electronically using the company’s letterhead.
Be sure to give the paper for signature to the manager and the persons mentioned in it. It is not necessary to make a certification by seal, since since 2016 the law exempts from this. Compilation occurs in a single copy.
Sample order
General form order to appoint a person in charge:
- At the beginning, the name of the company is indicated in the center, and in the line below the name of the document is written - “Order”, its number.
- The locality of registration of the company and the date of formation of the paper are noted.
- Go to the main part. It is indicated what basis this process has - we are talking about fulfilling the conditions of the Labor Code of the Russian Federation in the field of labor protection.
- The “body” of the order, which contains the details - responsible persons, a list of their responsibilities, payment terms, replacement employees.
After this, the document is sent to the manager for his signature.
Is it possible to do without it?
For all organizations, the presence of an order is compulsory. Only individual entrepreneurs with a small staff of up to 10-15 people and, in some cases, companies with up to 50 people are exempt from compiling it.
In other cases, the absence or irrational use entails administrative and criminal liability. Hence the conclusion is that enterprises are free to draw up this paper based on their own developed template, but cannot do without it. Moreover, a list of other required papers is attached to this document.
What conclusion can be drawn
Thus, ensuring safe working conditions is the direct responsibility of the employer to each employee. Appointing a responsible person is one of the fundamental measures to solve this problem.
Hiring a new employee or combining the duties of an occupational safety specialist with the main position of an existing employee is confirmed by a special document - order appointing an occupational safety specialist. It must be drawn up without fail and certified by the signature of the general director.
An order to appoint a person in charge is one of the most important documents issued by the manager in the course of the production activities of a given enterprise. Its creation is directly related to the organization of normal operation of the company and serves as one of the ways to solve specific production problems.
Purpose of the document
As you know, any order is a special legal act, which is based on an order from management, mandatory for execution by a certain official. This document is intended to address the operational and major challenges facing this organization. In this sense, the “Order on the appointment of a person in charge” is especially important. With its help, it is possible to organize the work of the enterprise in a certain direction, by attracting individual specialists.
The purpose of creating this document is to increase the responsibility of specific employees to solve generally important production problems. An order to appoint a person in charge belongs to the category Depending on the specific field of activity, it may relate to the following issues:
- financial liability;
- fire safety;
- retraining and advanced training;
- occupational safety and health;
- turnover of expensive materials and valuables;
- use of existing sources of increased danger in production;
- turnover of securities.
In addition to the manager, the authority in which the employee works also has the authority to appoint a specific responsible person.
Order structure
The order to appoint a person in charge is drawn up in any form. There is no single unified form for this document. In principle, it is compiled in a similar way to and includes standard subsections that contain certain information:
- "A cap". At the top of the form is the full name of the company, its form of responsibility and logo. The place, date, title and registration number of the document are also recorded here.
- "Preamble". It is a description of the essence of the document and the purposes for which it was created. The information is presented concisely, literally in a few phrases. In addition, the preamble may contain a list of individual regulations that served as the basis for the publication of this document. The subsection ends with the word “I order.”
- "Body". It sets out the contents of the order and specifically identifies the employee who is assigned the corresponding duties and the one who will perform this work in his absence.
- “Conclusion” represents the signature of the manager and familiarization of this order with the responsible persons.
When issuing this document, it is necessary to clearly indicate the moment at which it comes into force. In some cases, the range of assigned responsibilities requires the conclusion of an additional agreement to the employment agreement with the employee. All this must be noted in the order and completed before the appointed date.
Assigning responsibility for industrial safety
As an example, we can consider a sample order appointing a person responsible for compliance, for example, with fire safety at an enterprise. Such a document has standard subsections and is drawn up on a blank A4 sheet or letterhead.
When drawing it up, it is necessary to rely on the relevant laws and regulations (Law “On Fire Safety”, “Technical Regulations on Fire Safety”, as well as other departmental documents and the enterprise itself). The main text of such an order should consist of three parts:
- Ascertaining. It usually begins with the words “to ensure” or “in connection with the conduct.”
- Administrative. Its text sets out the essence of the issue. First, a document is approved on the basis of which the selected person will conduct his work. The next paragraph after the word “appoint” indicates the employee who will do this.
- List of attached documents.
The second part must certainly list the following responsibilities of the selected candidate:
- conducting briefings with employees;
- maintaining relevant logs;
- checking the condition of workplaces.
The order is signed by the manager and brought to the attention of the relevant employee.
About reporting
While fulfilling their functional responsibilities, company employees periodically report to the appropriate authorities for the work performed. To streamline this activity, it is necessary to issue an order. It will help increase the responsibility of individual employees for the work assigned to them.
The sample for reporting, as a rule, has a standard form and consists mainly of three points:
- Appointment of specific responsible persons. This part can be issued in the form of a separate application, which lists the basic information (name of the reporting form, information about the place and timing of its submission, information about the performer).
- Assigning responsibilities to the main specialists of the enterprise, who must ensure that their subordinates complete the tasks assigned to them.
- Indication of the person who will monitor the appropriate implementation of this order.
All employees mentioned in the document must be familiarized with it personally (against signature).
When organizing the work of a company, some employees are entrusted with monitoring certain processes. For example, they are given the authority to monitor compliance with labor protection rules, fire safety, etc. If an employee becomes a responsible person, an order is issued on his appointment.
This article has useful sample documents to download
Sample orders for the appointment of responsible persons
The company needs to fulfill many requirements, including labor organization. She is responsible for compliance with labor laws, orders of regulatory authorities, etc. In addition, it is necessary to ensure control of internal processes, this is in the interests of the employer himself. Management approves internal regulations on the work of a particular area of the company and indicates which employee is responsible for the area. The appointment of a responsible person is supported by an order. For example, a company selects those responsible for:
- labor protection;
- working with personal data of employees, clients and contractors;
- compliance with fire safety;
- settlements with employees;
- compliance with the trade secret regime;
- maintaining personnel documents - time sheets, work books, etc.;
- safety of company property.
The selection and appointment of a person in charge is carried out in the manner specified in the act, but in all cases, an order will be required to transfer powers.
Thus, an employee who will monitor compliance with labor protection requirements is appointed if the company does not have such a unit or specialist on staff. These functions can be assumed by the head of the organization, but usually the authority is delegated to another employee. If the company has more than 50 employees, it will be necessary to organize a special service or add the position of a security specialist to the staffing table.
Another option is to choose someone who will monitor compliance with the rules for processing employee information. The document indicates that this person undertakes control obligations in this area. In addition, you can enter the name of the employee who is responsible for control if the person in charge is temporarily absent (for example, on sick leave or on vacation). To control the processing of customer or counterparty data, it is better to appoint another person in charge - in this case, the requirements are somewhat broader.
Another example when such a document is required is when choosing financially responsible persons. In a company, such persons are the general director, accounting employees, as well as personnel who work with material assets. They ensure the safety of funds and other property of the company, monitor the movement and operation of property. If necessary, the company has the right to choose someone other than these employees as responsible.
The order states the purpose of appointing a responsible person
There are no special requirements in the law for what an order should look like. It is compiled in free form. The company can develop its own standard options and use one or another template when needed. The order on the responsible person indicates:
- The full name of the company that selects the employee to perform the task. Sometimes identification codes are also written.
- The title of the document is what this order is about. For example, about appointing someone responsible for the safety of the company’s property. In addition, they put the document number.
- Place of publication and date. For example: “Mr. Moscow, 03/05/2018.”
- The function that the employee must perform. The content of the document depends on the purpose for which it is published. For example: “In order to ensure the safety of the property of (company name), control over its use and movement, I order to appoint (full name and position of the employee) as a financially responsible person.” The word “I command” must be present. If the manager leaves control of the task for himself, this is noted in the text.
The order appointing the responsible person must include the position, full name and signature of the manager. In addition, it is imperative that the designated person signs. They note his position, full name, and indicate the date when he became familiar with the order. The company seal is also affixed.
Material liability in the labor sphere applies to one or the other party to an employment contract, and this applies equally to both employees and employers. Responsible person among employees appointed by order issued by the head according to free form or sample.
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Legislative regulation
To fully understand the essence of the mat. responsibility, let's look at what it is - a financially responsible person?
Materially responsible persons (MRP)– employees who bear financial responsibility for the property of the enterprise entrusted to them. That is, in the event of damage to property, such employees will reimburse its cost.
Full financial responsibility (MO)(according to Chapter 39 of the Labor Code of the Russian Federation) occurs only when it comes to:
- about authorized persons having financial liability imposed on them according to federal legislation originally;
- O identifying shortages of valuables, which were entrusted to the employee under agreements or according to any one-time documents;
- about an employee intentionally or while intoxicated property damage;
- about illegal offenses, as a result of which employer's property was damaged;
- about causing property damage as a result improper performance MOL, or complete failure to fulfill his direct duties;
- about disclosure important and protected information.
MO is assigned to the employee by appropriate order.
For some positions from the very beginning the state imposes financial liability. These include the positions of senior officials at the enterprise: chief accountant, director of the enterprise, as well as all his deputies.
In this case, in accordance with Article 277 of the TK RF, The head of the organization must be responsible for any material and property damage if it was caused to his organization.
The condition of complete MO must be fixed a separate agreement(Labor Code of Russia) and is reflected as one of the necessary conditions. This is done so that the employer can subsequently be absolutely sure that he can legally recover from his subordinate an amount equivalent to the damage caused.
This process (appointment of MO persons) carried out in accordance with all requirements of the Min. labor, № 85 .
This document states who can be the financially responsible person. The list is key factor when concluding employment contracts with employees.
Order on the appointment of resp. persons carries out immediately two functions:
- officially approves powers a specific official;
- consolidates the list property of the enterprise accountable to this person.
At the same time, any there is no standardized form for this document, the template for the document on the appointment of the MOL is currently drawn up based on all existing employment contracts, agreements and agreements signed and carried out with this employee, and based on Articles 244 of the Federal Labor Code.
The form must contain the following information:
- company name, its location and basic information about it;
- registration number and date document;
- Full name gene. directors an enterprise or other person who has the authority to issue orders and instructions;
- brief indication purpose of issuing the order(preamble), also indicated reference to a legal act, on the basis of which it was issued (for example, the Labor Code);
- essence of the order and signature enterprise manuals;
- signatures of all employees who are affected by the order, which indicates that they are familiar with the document.
Sample order for the appointment of mat. responsible person:
Actions with the responsible person
Before hiring a person on staff, with him an agreement is signed oh mat. responsibility (although it may be signed later).
The process of changing or dismissing a MO at your own request is absolutely the same as for other employees. It is fully described in Chapter 13 of the Labor Code of the Russian Federation.
In accordance with the law, the employee must submit a letter of resignation in fourteen days. When this period expires, he will be given documents, and a cash settlement will also be made. According to the law, the dismissal procedure cannot last more than two weeks.
Inventory is a mandatory condition for an enterprise, in accordance with the requirement of the Ministry of Finance in order No. 119n. Wherein the document on material assets is transferred to the chief accountant of the enterprise, and if there are no complaints, then he signs.
Dismissal of a MOL without inventory is illegal!
Property of the enterprise of a resigning or replaced employee transfers to another employee, usually from the state, which is confirmed by a transfer act signed by the employees of the organization who participated in the inventory. After this, you can quit without any problems.
Example of an order to replace MOL:
Compensation for damage
If for some reason an MO employee causes damage to the property entrusted to him, which leads to specific monetary losses to the employer, then the latter has the right to seek compensation for this damage. The same applies to shortages if the employee works with values.
It is legal to hire an employee according to two types of responsibility: for limited and full:
Release from liability
The Labor Code stipulates situations when persons can be exempted from swearing. responsibilities:
- Management releases the employee from the consequences of his actions due to his professional skills and experience.
- Damage to property was caused, but it was not caused due to the direct actions of the employee, while he himself acted in accordance with instructions.
- Damage to property was caused in order to to avoid even greater destruction/to save people in an emergency.
Legal practice shows that it is better not to bring the resolution of all formal and monetary issues of management with MOL to court, since due to the specifics of such cases, most of them lasts for whole years.
To organize the effective work of the company and establish a clear order in resolving production problems, it is important to distribute the areas of responsibility of subordinates without violating the existing Labor Code. The appointment of responsible persons is carried out in various areas of the company's functioning.
The head of the company is responsible for appointing responsible persons for a certain area of activity of the company. But the preparatory work for the appointment of this or that employee to this position is, as a rule, carried out by the division of the area where he is needed. For example, if you need to select the person responsible for the company’s material warehouse, then the selection of candidates for this position is carried out by the accounting department or the chief accountant of the company.
Legal documentation in drawing up an order for the appointment of a proposed candidate to this position is already provided by the head of the company.
Before release
As discussed earlier, the scope of operation of the future order is discussed within the department responsible for the problematic production part. In paragraph 2, art. 82 of the Labor Code of the Russian Federation states that the order should not go beyond the boundaries of the unit. Therefore, before issuing an order to appoint a person in charge, the manager needs full information about the unit’s intentions in appointing a candidate in order to avoid misunderstandings in the future.
How to compose
The order to appoint a responsible person is not indicated by an officially accepted template. It is designed in a free style, but in compliance with the standards used in all primary materials. These standards were adopted by Law No. 402-FZ of December 6, 2011.
The order form must display:
- Company name, basic information about it, location.
- Date and order number
- Full name of the head or his deputy (in the absence of the head) issuing the order
- A preamble that briefly outlines the purpose of the order, with reference to the legislation on the basis of which the order was issued.
- The bottom line.
- Chief's signature.
- Signatures of employees familiar with the issued order.
After the order is issued, there is a number of necessary documentation that is accompanied to carry out a particular order. One of the primary tasks after the order is the conclusion of a liability agreement, which can be drawn up in various forms, ranging from security liability to financial liability. In addition, after designating the responsible person, a job description is drawn up for him, in which he must sign.
Let's take a closer look at some of the subsections that the order structure should consist of:
- A cap
It describes information about the company, its logo, name, form of responsibility (JSC, PJSC, LLC, etc.), city, date and registration number.
- Body
The body of the order displays the purpose of its creation, what burdens are imposed on the person responsible for the site, and also displays who will replace him during the period of his absence (vacation, illness). Here, as a rule, regulatory materials that must be applied when carrying out instructions are displayed.
- After writing
The final stage after the order is issued includes the procedure for the responsible employee to familiarize himself with the text of the order with the signing of the document, familiarization with the head of the structural department, or the signature of the head of the company.
On the appointment of a person responsible for security
Every enterprise must have a person responsible for key issues that may threaten the safety of health and even the lives of employees. These areas include:
- Occupational health and safety. A person with special knowledge and clearance who has studied safety, successfully passed the exam and acquired the appropriate certificate, and also has the required electrical safety clearance group, can be appointed as a person in charge of this area.
- Sources of increased danger. There may be chemicals that the business handles that could explode, catch fire, or poison employees. The person responsible in this area must also undergo training and obtain the appropriate certificate.
- Fire safety. In this area, there must also be a trained worker who knows what priority measures need to be taken in the event of a fire.
The order to appoint a person responsible for safety entrusts the employee with the authority to monitor the implementation of a safe work regime in the area for which he is responsible. It is impossible to oblige an employee to be responsible for the assigned area without his consent. It is also impossible to assign responsibility without the proper degree of specialized training.
How to compose
The order to appoint a person in charge is drawn up in any form. You can write it on the institution’s letterhead or on a regular A4 sheet.
The order contains:
- Name and basic information of the institution. If the order is written by an individual entrepreneur, then his full name and address are indicated. Document number, city and publication date.
- Name.
- Preamble indicating the regulatory and legal materials that served as the basis for issuing the order.
- The administrative section of the text, where after the phrase “I order”, you need to list positions, full names of responsible persons, job descriptions, if they are not displayed in a separate document, etc.
- Signatures of the manager and all responsible persons noted in the order.
The regulatory framework on the basis of which the order is issued is developed by the head, taking into account the legislation of the Russian Federation on health, safety and fire safety.
On the appointment of responsible persons at school
In schools, responsibility for labor protection most often rests with the deputy director of the school on the basis of the Labor Code of the Russian Federation No. 197-FZ of December 30, 2001 (Articles 209-231).
The task of the person in charge is to ensure the creation of healthy and safe working conditions for teachers and students. The order is drawn up in accordance with Art. 51 of the Law of the Russian Federation “On Education”
How to compose
It is drawn up on the school’s letterhead, which displays all the details of the institution. Next, an Order is written indicating the date and order number. The preamble displays the purpose of the order, in this case “On labor protection” and the basis for creating the order.
The order is usually drawn up before the start of the school year. To assist the person responsible for occupational safety, a commission of school employees is created, which develops a collective agreement on occupational safety and draws up measures to comply with occupational safety and health.
At the end, the director signs and lists the teachers who are responsible for health and safety in their areas of activity.
On the appointment of a person responsible for the work
This order is filled out on a blank A4 sheet. The text of the order is filled out according to the generally accepted procedure, as indicated above: header; preamble; text on the appointment of the person responsible, signature of the manager and person responsible for the work.
Order on the appointment of a financially responsible person
The appointment of a materially responsible person is accompanied not only by an order, but also by the conclusion of a written agreement on full financial responsibility for damage or shortage of material assets entrusted to him. Moreover, the terms of this agreement must be reflected in the employment agreement between the administration and the employee. These provisions are reflected in Appendix No. 1 of the decision of the Ministry of Labor No. 85 of December 31, 2002. Without an agreement on liability, the order has no legal status.
On the appointment of a person responsible for production
Responsible for safe work performance is a position to which the manager appoints his employee by standard order. The only condition is that the employee must be certified by Rostechnadzor in the relevant field of production.
How to compose
An order for the person responsible for production is written in a standard form, like any other order, however, such an order has its own characteristics, namely.
Must appear:
Such an order is most often drawn up at construction sites to ensure the safe operation of construction equipment.
As a rule, a specialist certified by Rostechnadzor is appointed as the person in charge at such facilities.
How to compose
After the header and preamble, it usually begins with the phrase “...In connection with the start of work at the site...”. It can be formed from two sections – ascertaining and administrative. The stating section sets out the purpose and objective of the necessary functions and the reasons for the appearance of the order. The rest is also written in the standard form, and also, as stated in the previous section, the order should display:
- No. of certification certificate.
- No. of the minutes of the meeting of the Rostechnadzor examination commission.
- Date of the meeting of the Rostechnadzor examination commission.
The rest is filled out according to the standard scheme: Signature of the manager and responsible person.
Each institution has the right to independently determine the procedure for using company cars. To avoid legal misunderstandings, it is necessary to issue an order appointing a person responsible for transport.
The order is created by the company’s personnel department and must be signed by the manager and the person responsible for the cars.
- Compliance with transport operational standards.
- Transport work is only for service.
- Supervision of medical examination.
- Compliance with traffic regulations.
- Carrying out maintenance according to schedule.
The responsible person is required to receive training; his functions are reflected in the job description.
