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RESOLUTION OF THE MINISTRY OF LABOUR AND SOCIAL PROTECTION OF THE REPUBLIC OF BELARUS

of December 26, 2003 No. 159

About approval of the standard instruction about monitoring procedure behind compliance with law about labor protection in the organization

In pursuance of the resolution of Council of Ministers of the Republic of Belarus of January 11, 2001 "About the Concept of public administration by labor protection in the Republic of Belarus" and according to Article 226 of the Labor code of the Republic of Belarus the Ministry of Labour and Social Protection of the Republic of Belarus DECIDES: No. 28

1. Approve the enclosed Standard instruction about monitoring procedure behind compliance with law about labor protection in the organization.

2. This resolution becomes effective since March 1, 2004.

 

Minister A.P.Morova

Approved by the Resolution of the Ministry of Labour and Social Protection of the Republic of Belarus of December 26, 2003 No. 159

The standard instruction about monitoring procedure behind compliance with law about labor protection in the organization

Chapter 1. General provisions

1. This Standard instruction about monitoring procedure behind compliance with law about labor protection in the organization (the daleetipovy instruction) is developed according to Article 226 of the Labor code of the Republic of Belarus, the Law of the Republic of Belarus of April 22, 1992 "About labor unions" in edition of the Law of the Republic of Belarus of January 14, 2000 (Vyarkho¸naga Savet's Vedamastsi of Respubliki Belarus, 1992, No. 19, Art. 300; The National register of legal acts of the Republic of Belarus, 2000, No. 23, 2/146), the Law of the Republic of Belarus of January 10, 2000 "About industrial safety of hazardous production facilities" (The national register of legal acts of the Republic of Belarus, 2000, No. 8, 2/138) and other acts of the legislation regulating questions of labor protection.

2. This Standard instruction extends to employers of all forms of business irrespective of pattern of ownership and is directed to accomplishment by employers of obligations on labor protection, realization of state policy in this area.

3. This Standard instruction determines the purpose, tasks, main types and objects of control of compliance with law about labor protection in the organization (further - control).

4. The purpose of control is creation of healthy and safe working conditions of workers, accident prevention on production and occupational diseases.

Control can be exercised in the form of checks, inspections, surveys, systematic accounting of the indicators characterizing condition of conditions and labor protection, request of necessary information, consideration of claims, statements. Control provides identification of the reasons of violations of requirements of labor protection and development of actions for their elimination and the prevention.

5. The main objectives of control are:

identification and the prevention of violations of the state normative requirements of labor protection (further - requirements of labor protection);

assessment of condition of working conditions of workers, safety of production processes, equipment, devices, tool, raw materials and materials, efficiency of application of remedies by workers;

accomplishment by workers of job responsibilities on labor protection and requirements of local regulations for labor protection;

taking measures to elimination of the revealed shortcomings.

6. Main types of control are:

the control of compliance with law about labor protection exercised by heads and specialists of the organization according to their job responsibilities;

the control on labor protection exercised by security service of work of the organization according to the Standard regulations on security service of work of the organization approved by the resolution of the Ministry of Labour and Social Protection of the Republic of Belarus of May 24, 2002 No. 82 (The national register of legal acts of the Republic of Belarus, 2002, No. 89, 8/8286);

the production control over observance of requirements of industrial safety on hazardous production facilities exercised by the organization exploiting them according to the Rules of the organization and implementation of production control over observance of requirements of industrial safety on hazardous production facilities approved by the resolution of the Ministry of Emergency Situations of the Republic of Belarus of June 28, 2000 No. 11 (The national register of legal acts of the Republic of Belarus, 2000, No. 75, 8/3744);

the periodic control of compliance with law about labor protection exercised by the employer's representatives with participation of public inspectors of labor unions on labor protection (authorized persons on labor protection of workers);

the public control over compliance with law about labor protection exercised by labor unions according to the Procedure labor unions of public control over the compliance with law of the Republic of Belarus about work approved by the resolution of Council of Ministers of the Republic of Belarus of October 23, 2000 No. 1630 (The national register of legal acts of the Republic of Belarus, 2000, No. 103, 5/4377; 2001, No. 22, 5/5300; 2003, No. 1, 5/11685).

7. On the basis of this Standard instruction in the organizations taking into account nature of their activities the local regulatory legal acts regulating monitoring procedure behind compliance with law about labor protection are developed.

Chapter 2. The control of compliance with law about labor protection exercised by heads and specialists of the organization

8. Powers and responsibility of heads and specialists of the organization for control of compliance with law about labor protection are determined by their job descriptions.

In case of development of job descriptions of obligation on control of compliance with law about labor protection roles and places in management system labor protection of the organization are distributed between heads and specialists taking into account their labor functions.

9. Heads and specialists of the organization (everyone within the competence) exercise control for:

9.1. observance in the organization of acts of the legislation on work and labor protection, local regulatory legal acts on labor protection;

9.2. accomplishment by workers of the functional obligations on labor protection provided by management system labor protection, other local regulatory legal acts;

9.3. compliance to the legislation on work and labor protection of the adopted local regulatory legal acts;

9.4. accomplishment:

decisions (resolutions, orders, orders, instructions) of state bodies labor protection, supervision and control, state examination of working conditions, superior organization, representations of technical inspection of work of labor unions;

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