Order on verification of labor protection requirements sample. Order on the appointment of a commission to test knowledge of labor protection requirements

COMMITTEE ON LABOR AND EMPLOYMENT OF THE POPULATION OF THE MOSCOW REGION

ORDER

On approval of the Procedure for the formation and work of commissions to test the knowledge of organizations

In order to improve the system of training in labor protection in the Moscow Region and in accordance with Article 216 of the Labor Code of the Russian Federation, Regulations on the Committee on Labor and Employment of the Moscow Region, approved (as amended):

1. Approve the attached Procedure for the formation and work of commissions to test the knowledge of labor protection requirements of training organizations.

2. Recognize invalid the order of the Main Department for Labor and Social Affairs of the Moscow Region dated March 18, 2003 N 22 "On Approval of the Procedure for Testing Knowledge of Labor Protection Requirements in the Commissions of Training Organizations".

3. To impose control over the implementation of this order on the first deputy chairman of the Committee on Labor and Employment of the Population of the Moscow Region, Strelkov V.M.

Chairman of the Committee
Yu.I.Ragozin

The procedure for the formation and work of commissions to test the knowledge of labor protection requirements of training organizations

APPROVED
order
Committee on Labor and Employment
population of the Moscow region
dated May 24, 2010 N 14-r

I. General provisions

1. The procedure for the formation and organization of the work of commissions for testing knowledge of the labor protection requirements of training organizations (hereinafter referred to as the Procedure) was developed in accordance with the Decree of the Ministry of Labor and Social Development of the Russian Federation of 13.01.2003 N 1 and the Ministry of Education of the Russian Federation of 13.01.2003 N 29 "On approval of the Procedure for training in labor protection and testing knowledge of labor protection requirements of employees of organizations", Decree of the Government of the Moscow Region dated June 30, 2003 N 378 / 23 "On approval of the Regulations on the system of training in labor protection in the Moscow Region" (as amended by the Decree Government of the Moscow Region of 20.05.2005 N 328/19), Decree of the Government of the Moscow Region of 17.03.2009 N 207/10 "On the Regulations, Structure and Staffing of the Committee for Labor and Employment of the Moscow Region" (as amended by the Decree of the Government of the Moscow Oblast dated January 25, 2010 N 27/2) and establishes requirements for the formation and work of commissions to test the knowledge of labor protection requirements of training organizations that are part of the labor protection training system in the Moscow Region (hereinafter referred to as the Commission).

2. Commissions check knowledge of labor protection requirements:

heads of organizations and heads of separate structural divisions of organizations, their deputies, who are responsible for ensuring safe conditions and labor protection in the organization and production units;

heads and specialists of labor protection services of organizations, employees who are entrusted by the employer with the responsibility for organizing work on labor protection;

managers and specialists who organize, manage and carry out work at workplaces and in production units, as well as control and technical supervision over the work in the organization;

members of commissions of organizations to test knowledge of labor protection requirements;

teaching staff of educational institutions vocational education- teachers of the disciplines "Labor protection", "Life safety", "Safety technological processes and production", as well as organizers and leaders of the students' work experience;

employers - individual entrepreneurs using hired labor;

members of committees (commissions) on labor protection of organizations;

authorized (trusted) persons for labor protection of trade unions and other representative bodies authorized by employees (hereinafter referred to as managers and specialists).

3. Managers and specialists are tested for knowledge of labor protection requirements in the Commission of the training organization in which they were trained in labor protection.

4. Members of the Commissions, before starting their activities, undergo training and testing of knowledge of labor protection requirements according to the Training Program on labor protection for members of commissions to test knowledge of labor protection requirements of training organizations, in the amount of 40 training hours.

5. The training organization in which the members of the Commissions are trained, the composition of the commission for testing the knowledge of the labor protection requirements of the members of the Commissions and the form for testing the knowledge of the labor protection requirements of the members of the Commissions are established by the Committee on Labor and Employment of the Moscow Region.

II. The procedure for the formation of the commission

4. The commission is formed by order (instruction) of the head of the training organization (Appendix 1).

5. The commission consists of the chairman, deputy (deputy) chairman, secretary and members of the commission.

6. The personal composition of the Commission, including the chairman, deputy (deputy) chairman and secretary of the Commission, is determined by the head of the training organization.

7. The Commission includes:

leaders, full-time teachers of the training organization;

representatives of local self-government bodies of municipalities of the Moscow region;

state labor inspectors in the Moscow region;

representatives of trade unions of the Moscow region.

8. The Commission may include:

heads and specialists of federal executive bodies;

representatives of the executive bodies of state power of the Moscow region;

representatives of state supervision and control bodies, as well as employees of labor protection services of organizations with appropriate qualifications and experience in the field of labor protection.

Officials who are not employees of the training organization are included in the Commission by written agreement with the relevant organization, state authority and local government, including:

representatives of local governments of municipalities of the Moscow region - by written agreement with the head (deputy head) municipal district or city district;

state labor inspectors in the Moscow region - upon written agreement with the head of the State Labor Inspectorate - the chief state labor inspector in the Moscow region (deputy head of the State Labor Inspectorate - deputy chief state labor inspector in the Moscow region (for labor protection);

representatives of the central executive bodies of state power of the Moscow Region - upon written agreement with the head (deputy head) of the relevant central executive body of state power of the Moscow Region;

representatives of trade union organizations - upon written agreement with the chairman (deputy chairman) of the Moscow regional association of trade union organizations.

9. The composition of the Commission is agreed upon by the Committee on Labor and Employment of the Population of the Moscow Region (hereinafter referred to as the Committee).

10. To agree on the composition of the Commission, the Committee is provided with:

an application addressed to the Chairman of the Committee on the approval of the composition of the Commission (Appendix 2);

copies of letters from organizations, management, supervision and control bodies on the approval (refusal to agree) of the inclusion of their officials in the Commission;

copies of certificates of verification of knowledge of labor protection requirements of officials included in the Commission.

It is not required to provide copies of certificates of knowledge of labor protection requirements of managers and specialists of the Committee, state labor inspectors in the Moscow Region, and other state supervision and control bodies.

11. The activities of the Commission, formed without the consent of the Committee, are not authorized.

III. The order of the commission

12. Organizational and technical support of the Commission's activities is carried out by the training organization. All members of the Commission, including the chairman of the Commission and the deputy (deputy) chairman of the Commission, are notified of the place and time of the work of the Commission.

13. Testing knowledge of labor protection requirements is carried out by the Commission upon completion of training in the scope of training programs on labor protection.

14. Along with the traditional form of knowledge testing (taking exams on tickets), testing of knowledge of labor protection requirements is carried out in the form of an interview or testing, using technical means, computer programs, elements of a modular training system and other forms of knowledge control.

15. The results of testing knowledge of labor protection requirements are documented in the minutes of the meeting of the Commission (hereinafter referred to as the Minutes), separately for each study group(Appendix 3).

16. The protocol is drawn up in one copy, signed by the chairman of the Commission, in his absence - by the deputy chairman of the Commission, the secretary and members of the Commission who took part in its work.

The protocol is not certified by the seal of the training organization.

17. In case of disagreement between the members of the Commission in assessing the knowledge of individual trainees, the final decision on whether they pass the knowledge test (“passed” or “failed”) is made by the chairman of the Commission, in his absence - by the deputy chairman of the Commission. The protocol is signed by the chairman (deputy chairman) of the Commission and the members of the Commission who took part in its work.

Disagreement of any member of the Commission with decision made in writing and attached to the Protocol.

18. The meeting of the Commission is considered competent if at least three members of the Commission, including the chairman (deputy chairman) of the Commission, participate in testing knowledge of labor protection requirements.

19. The minutes of the meeting of the Commission shall be considered invalid if it was signed by less than three members of the Commission, including the chairman (deputy chairman) of the Commission, or if the signature of the chairman (deputy chairman) of the Commission is missing, as well as if the signatures of the members of the Commission are located on a sheet separate from the Protocol .

20. The minutes of the meeting of the Commission are stored in the training organization that conducted the training on labor protection and testing knowledge of labor protection requirements. The period of storage of Protocols is 5 years.

21. A trainee who has passed the knowledge test of labor protection requirements is issued a certificate of knowledge of labor protection requirements (Appendix 4) signed by the chairman (deputy chairman) of the Commission, certified by the seal of the training organization.

It is allowed to issue certificates on a double-sided form without the section "Information on repeated examinations of knowledge of labor protection requirements".

If the trainee does not have a permanent place of work, or fills several positions in various organizations, it is allowed not to indicate the place of work and position in the certificate.

Certificates are drawn up and issued on the basis of the Protocol.

22. At the request of trainees who have passed the knowledge test, they are issued an extract from the Protocol, certified by the signature of the head of the training organization (an authorized official of the training organization) and the seal of the training organization.

IV. Final provisions

23. To participate in the test of knowledge, persons who are not members of the Commission may be invited: heads and specialists of executive bodies of state power, local governments, government bodies regional associations organizations, inspectors of state supervision and control bodies and other officials.

In this case, a record is made in the Protocol of their participation in the work of the Commission.

24. When conducting a knowledge test of the labor protection requirements of managers and specialists of organizations operating in the territory of a municipality whose representatives of the local government body of which are not members of the Commission, the training organizations inform the relevant local government bodies in writing about the knowledge test with the invitation of their representatives to participate in the work of the Commission.

Appendix 1

Annex 1

knowledge testing commissions
occupational safety requirements for trainees
organizations approved

and employment
Moscow region
dated May 24, 2010 N 14-r

EXAMPLE FORM
order (instruction) of the head of the training organization on the creation of a commission to test knowledge of labor protection requirements

___________________________________________________
(name of training organization)

In order to test the knowledge of labor protection requirements of managers and specialists who have been trained in labor protection, in accordance with the Decree of the Ministry of Labor and Social Development of the Russian Federation and the Ministry of Education of the Russian Federation dated January 13, 2003 N 1/29 "On approval of the Procedure for training in labor protection and testing knowledge of labor protection requirements of employees of organizations ", the Procedure for the formation and work of commissions for testing knowledge of labor protection requirements of training organizations, approved by the order of the Committee on Labor and Employment of the Moscow Region dated _________ N _______, I ORDER:

Establish a commission to test knowledge of labor protection requirements, consisting of:

Annex 2. Form of application for approval of the composition of the commission

Annex 2
to the Procedure for Formation and Operation
knowledge testing commissions
occupational safety requirements for trainees
organizations approved
by order of the Labor Committee
and employment
Moscow region
dated May 24, 2010 N 14-r

FORM
statements on the approval of the composition of the commission

Appendix 3. Form of the minutes of the meeting of the commission for testing knowledge of labor protection requirements

Appendix 3
to the Procedure for Formation and Operation
knowledge testing commissions
occupational safety requirements for trainees
organizations approved
by order of the Labor Committee
and employment
Moscow region
dated May 24, 2010 N 14-r

FORM
minutes of the meeting of the commission for testing knowledge of labor protection requirements

Annex 4. Form of certificate of knowledge of labor protection requirements

Appendix 4
to the Procedure for Formation and Operation
knowledge testing commissions
occupational safety requirements for trainees
organizations approved
by order of the Labor Committee
and employment
Moscow region
dated May 24, 2010 N 14-r

Form of certificate of knowledge of labor protection requirements

(Front side)

(Left-hand side)

(Right side)

Electronic text of the document
prepared by CJSC "Kodeks" and checked against:
official website of the Government

In progress professional activity labor protection is one of the most important components. It is labor protection that helps to preserve not only the health of workers, but also life. Labor protection is one of the activities of any enterprise, regardless of the form and structure, as well as professional activity. This direction directly affects the interests of the employees of the enterprise. Everything related to the activities for the protection of labor of workers should be formalized accordingly, that is, by order. Today we will talk in more detail about how to create an order for labor protection in 2015 and give you the opportunity to download a sample for each of the considered orders.

Orders on labor protection at the enterprise

In fact, there are several orders on labor protection. It all depends on the structure of the enterprise, on activities. But in general, there are labor protection orders that absolutely any company should have, such orders include the following:

• Order on approval of the regulation on the procedure for conducting training and testing knowledge on security issues
• Order on the appointment of a person responsible for fire extinguishing equipment at the enterprise
• Order on the appointment of a person responsible for providing first aid to medical care in case of accidents
• On the appointment of a company responsible for fire safety
• Order on approval of the regulation on the labor protection service of the enterprise
• Order for medical examination
• On checking the knowledge of employees of the enterprise on electrical safety
• Order on approval of labor protection instructions
• Order on the appointment of responsible persons for the performance of high-risk work
• Order on the appointment of a person responsible for the technically sound condition of the equipment
• Order on the distribution of responsibilities for labor protection
• Order on the appointment of an enterprise responsible for electrical facilities
• Order on training and knowledge testing on labor safety of employees of the enterprise

Occupational safety is a system in which an important component is the preservation of the life and health of employees of the enterprise. The tool in that system is the prevention of labor protection, as well as ways to prevent situations that may lead to the consequences of loss of working capacity of workers. The purpose of labor protection is to reduce the risk of injury to a minimum.

First of all, the enterprise puts into effect orders for labor protection, forms, which are usually kept by personnel officers or in the legal service. According to the orders for labor protection 2015, responsible persons are appointed. The originals of the orders are kept in the office, in a copy of the persons who sign these orders. These are responsible persons, performers, and those who are familiar with the order.

Moreover, special training of employees also belongs to the prevention of labor protection. By law Russian Federation, each employee within thirty days has the right to undergo free education on the safety of activities at the enterprise. Not only responsible persons, but also the management staff of the company is required to undergo training.

One of the important orders for labor protection in 2015 is the Order on the distribution of duties for labor protection.

In this order, it is necessary to clearly articulate who of the employees is responsible for what in the organization. As a rule, the order is divided into categories such as:

• briefing
• Labor protection training
• Fire safety
• Energy economy
• Gas equipment, etc.

Also in the order it is necessary to indicate the levels of subordination, that is, the subordination of employees. Who reports to whom, who controls the execution of the order, who takes over the duties if the responsible employee falls ill or goes on vacation, and so on.

All orders must be signed by the head of the enterprise, sealed. In addition, all orders are signed by both the executors and those persons who exercise control.

Order on labor protection - download samples

Order on labor protection, a sample you can download further on our website. You can also download forms for labor protection - orders for appointment.

About approval

About distribution

About training

On the appointment of a responsible

Video: Introductory briefing on labor protection, orders, instructions

The operative part of the decision was announced at the court session on 04/09/2019. Solution

completed in full on 04/15/2019.

Arbitration court Irkutsk region as part of Judge Rykova N.V.,

when maintaining the minutes of the court session by the assistant judge Dulbeeva L.A.,

having considered in the court session the case on the statement of claim of the CLOSED

OF JOINT STOCK COMPANY "LOKOTRANS" (OGRN 1027600682010, TIN

7604054410, 150003, YAROSLAVSK REGION, YAROSLAVL CITY, STREET

COOPERATIVE, 7)

to INDIVIDUAL ENTREPRENEUR VAKHRUSHEVOY ELENA

ALEXANDROVNA (Primary State Registration Number 304380214500042, TIN 380200029091, 666910 Irkutsk

region, Bodaibo)

for the recovery of 44,600 rubles,

when participating in a court session:

parties: did not appear, notified;

Installed:

CLOSED JOINT STOCK COMPANY "LOKOTRANS" (hereinafter - CJSC

LOKOTRANS, plaintiff) filed a lawsuit with the Arbitration Court of the Irkutsk Region against

FOR INDIVIDUAL ENTREPRENEUR VAKHRUSHEVAYA ELENA

demurrage of a wagon for unloading in the amount of 44,600 rubles.

Parties duly notified of date, time and place

consideration of the case in accordance with Article 123

Russian Federation, did not appear in the process.

The Respondent challenged the stated requirements in the presented response, pointing out that

according to the memo of the acceptance officer No. 15, the disputed wagon No. 525545540 was handed over to the carrier

07/05/2018 at 11 a.m. 00 min., according to the act of the general form No. 14489 dated 07/15/2018 wagon

was idle until 07/15/2018 until 12:45 pm. due to absence

technical/technological capabilities of the station.

The plaintiff, in objections to the withdrawal, insisted on the collection of a fine in the declared

amount, since it is subject to accrual until the wagon is removed from the siding

consignee and up to this moment the wagon is at the disposal of the consignee,

as a result, the owner is deprived of the opportunity to dispose of it, 06/29/2018 CJSC

LOKOTRANS has created a bill of lading No. ECH499442 for the shipment of the disputed wagon

after unloading at the Taksimo station to the Abakan station to the address of the next client.

However, due to the delay in the unloading of the wagon by the defendant of the previous dispatch, the wagon

Sent out of time only on 07/15/2018.

The case is being considered by virtue of Articles 123, 156 of the Arbitration Procedure

Code of the Russian Federation according to the documents available in it and in the absence

representatives of the parties.

Having examined the evidence presented in the case file

Installed:

the following circumstances.

As follows from the case file, according to the railway bill of lading

№ЭЧ026400 to the railway station Taksimo VSZhD to the address of the consignee - IP

Vakhrusheva E.A. loaded wagon No. 525545540, owned by CJSC

"LOKOTRANS".

Since the defendant did not ensure the unloading of the cargo and the return of the wagon in a timely manner

to the carrier within the period stipulated by the UZHT, the plaintiff with a claim from

07/25/2018 No.-3782 demanded that the defendant pay a fine on the basis of Articles 99, 100

UZhT in the amount of 44,600 rubles.

According to the plaintiff's calculations, the period of idle time of the wagon under unloading from 07/05/2018 13-43 to

07/16/2018 08-00 was 223 hours.

Since the defendant left the claim without satisfaction, CJSC "LOKOTRANS"

appealed to the Arbitration Court of the Irkutsk region with this claim.

After examining the evidence presented in the case, the arguments of the persons participating in

case, and evaluating them in accordance with Article 71 of the Arbitration Procedure Code

Russian Federation, the court came to the following conclusions.

As follows from the case file and is not disputed by the defendant, the owner of the wagon

No. 525545540, who arrived on June 30, 2018 at the Taksimo station of the Higher Railways to the address of the defendant on

railway waybill No. ECH026400, is CJSC "LOKOTRANS"

on the rights of lease, which is confirmed by the certificate of the IVTs ZhA 2612 for the wagon, the contract

lease of freight cars dated 10/16/2015 37/161015, supplementary agreement No. 2 to

contract dated March 20, 2017.

As a result of the reform that took place after the adoption of the Charter of the railway

transport of the Russian Federation, the carrier ceased to be the sole owner

railway transport in the Russian Federation" operator of the railway

rolling stock - entity or individual entrepreneur

having wagons, containers on the right of ownership or other right, participating in

on the basis of an agreement with the carrier in the implementation of the transportation process with

using the specified wagons, containers.

According to the legal position given in the decision of the Presidium of the Supreme

of the Arbitration Court of the Russian Federation of March 20, 2012 N 15028/11, Article 62

UZHT applies not only to the carrier - an open joint stock company

"Russian Railways", but also to another owner of the car, which is the operator of the rolling stock.

CJSC "LOKOTRANS" is the operator of the rolling stock and its rights in

use of wagons belonging to him should not differ from the rights of the carrier

(Public Joint Stock Company "Russian Railways").

Relevant clarifications are set out in paragraph 14 of the Review judicial practice By

disputes related to contracts for the carriage of goods and freight forwarding,

approved by the Presidium Supreme Court Russian Federation dated 12/20/2017,

according to which the owner of the wagon, who is the operator of the rolling stock, has the right

collect a fine provided for by paragraph 6 of Article 62 of the Charter of the railway

transport, for the delay of the wagon belonging to him under loading or unloading.

The absence of a contractual relationship with the plaintiff is not grounds for

release the defendant from paying the plaintiff a fine and prerequisite for his

charges.

Consequently the SP Vakhrusheva E.A. how the consignee is responsible for

delay of the wagon for unloading cargo before its rightful owner, and

excess time spent by the wagon at the unloading station

indicates actual use.

In accordance with clause 4.1 of the Operation and Maintenance Rules

railway tracks of non-public use, approved by the Order of the Ministry

ways of communication of the Russian Federation dated 18.06.2003 N 26, the time the cars were located

under loading, unloading during maintenance of a non-general railway track

use of a locomotive owned by a carrier is calculated from the moment

the actual supply of wagons to the place of loading or unloading of goods on the basis of a memo

receiver until the carrier receives from the owners, users or

contractors of the non-public railway track notifications of readiness

wagons for cleaning on the basis of the registration book of notifications and memos

receiver.

Accounting for the time spent by wagons on a non-public railway track

is carried out on the basis of the memos of the acceptor and acts of the general form in case of their

drawing up (clause 4.5 of Rules No. 26).

The fact of the delay of the car No. 525545540 by the defendant under unloading over

established deadlines (36 hours) is confirmed by the information presented in the case file

the defendant's memo of the acceptance officer for the cleaning of wagons No. 15, as well as a statement

delivery and cleaning of wagons No. 075015.

According to the indicated memo of the acceptor, the disputed wagon was transferred to IP

Vakhrusheva E.A. for unloading on 07/01/2018 at 01-40, the wagon was supplied

locomotive railway, notification of the completion of the cargo operation has been transmitted

by the defendant on 07/05/2018 11-00, that is, after 36 hours.

The specified information in the memo of the acceptance officer No. 15 is reflected in the statement of submission and

cleaning of wagons No. 075015.

As follows from the case file, the data of the memo of the acceptance officer No. 15

regarding the date of submission of the wagon for unloading (07/01/2018 at 01-40) are consistent with

data of the Information Center of the Main Computing Center of Russian Railways, presented on the basis of the data of the system

ETRAN pursuant to the court ruling dated February 11, 2019.

At the same time, according to the Information Center of the Main Computing Center of Russian Railways, the date of cleaning the car after unloading

15.07.2018 12-45. The plaintiff refers to the specified date and time in the claim.

As follows from the memo of the acceptance officer No. 15, the maintenance of the railway

the defendant's non-public use route is carried out by a locomotive owned by

carrier, therefore, in this case, paragraph 4.1 applies

Rules N 26, according to which the time spent by the wagon under unloading at

maintenance of a non-public railway track by a locomotive,

owned by the carrier, is calculated from the moment the wagons are actually delivered to the place

unloading of goods on the basis of the memo of the receiver until the moment of receipt

carrier from the owners, users or contractors of the railway track

non-public use notices about the readiness of wagons for cleaning based on the book

registration of notifications and memos of the receiver-deliverer.

According to the memo of the acceptance officer No. 15, the disputed car was submitted to the exhibition track

07/01/2018 at 01:40, notification of the completion of the cargo operation was sent on 07/05/2018 to

11 o'clock 00 min.

In this regard, the plaintiff's arguments that the time the wagon was unloaded

should be calculated from 07/05/2018 13-43 to 07/16/2018 08-00, the court rejects.

Moreover, an act of the general form No. 14489 of 07/15/2018 is presented in the case file,

according to which the disputed car was idle in the period from 07/05/2018 11-00 to 07/15/2018

12-45 on the non-public path of IP Vakhrusheva at the Taksimo station due to

lack of technical/technological capabilities of the station, this act of general

Thus, the use of the disputed car was carried out by IP Vakhrusheva

E.A. over the terms provided for by the Charter of the Railway Transport of the Russian

Federation for unloading cargo - more than 36 hours, because given term since submission

disputed wagon to the place of unloading - 07/01/2018 at 01-40 expired on 07/02/2018 13-40 and for the period

from 07/02/2018 13-40 to 07/05/2018 11-00 excess location of the car under

unloading was 70 hours.

Since CJSC LOKOTRANS is the legal owner of the wagon, the right

which is violated, in this case, the Charter shall apply

railway transport of the Russian Federation.

of this Statute.

of this Charter, from the consignor, consignee by the carrier for each hour

idle time of each wagon, a fine in the amount of 0.2 times the minimum size is collected

wages.

According to the plaintiff's calculation, the amount of the fine for delaying the wagon under unloading, taking into account the minimum wage

amounted to 44,600 rubles. for the period from 07/05/2018 13-43 to 07/16/2018 08-00.

At the same time, as established by the court, the period of the wagon being unloaded

was determined incorrectly by the plaintiff and, accordingly, the plaintiff's calculation is contrary to the provisions

Articles 62, 99, 100 of the Charter of the Railway Transport of the Russian Federation.

According to the materials of the case and the calculation of the court, the delay of the wagon under unloading amounted to

the minimum wage" the accrual of fines carried out in

in accordance with the legislation of the Russian Federation, depending on the minimum

Therefore, the fine for delaying wagon No. 525545540 under unloading is

No evidence of payment of the fine by the defendant was presented.

In such circumstances, the plaintiff's claim for the recovery of a fine from the defendant

subject to satisfaction in part in the amount of 14 000 RUB.

The court refuses to satisfy the rest of the claims.

In accordance with part 1 of article 110 of the Arbitration Procedure Code

Russian Federation, if the claim is partially satisfied, court costs

apply to the persons participating in the case in proportion to the amount of satisfied

claims.

When applying to the court with a claim, CJSC "LOKOTRANS" paid the state

duty in the amount of 2,000 rubles. according to the payment order dated November 15, 2018 No. 7345.

The claims were partially satisfied in the amount of 14,000 rubles, against

declared 44,600 rubles, respectively, from the defendant in favor of the plaintiff are subject to recovery

the cost of paying the state fee in the amount of 627 RUB. 80 kopecks, expenses for

payment of the state fee in the rest of the belong to the plaintiff.

Guided by the Arbitration Procedure Code

Decided:

Satisfy claims in part.

Collect from the individual entrepreneur Vakhrusheva Elena Alexandrovna in

in favor of CLOSED JOINT STOCK COMPANY "LOKOTRANS" a fine in the amount of 14

000 rubles., the cost of paying the state fee in the amount of 627 rubles. 80 kop.

Deny the rest of the claims.

The decision can be appealed to the Fourth Arbitration Court of Appeal in

within a month from the date of its adoption.

Judge N.V. Rykova

The operative part of the definition was announced on 04/10/2019.

Arbitration court Sverdlovsk region composed of Judge Oh.The. Leskovets,

having considered the materials of the case No. А60-52519/2018 on the claim of the company with

limited liability company "PREMIER" (TIN 6658407357, OGRN

to Teleshko Alexander Alekseevich

a third party that does not make independent claims regarding

the subject of the dispute, Fleganov Sergey Vladimirovich

on the recognition of transactions as invalid and the application of the consequences of their

invalidity,

Installed:

At the court session on April 10, 2019, the defendant's representative received

petition for the reclamation of documents containing imprints of the seal of the LLC

"Premier", with the aim of their subsequent sending to experts for conducting

appointed in the case of a commission forensic technical examination.

The petition was considered by the court and satisfied in part. Taking in

attention to the request of experts for additional

documents for examination in the present case, the court considered

necessary and possible to claim:

At PJSC Promsvyazbank (620027, Yekaterinburg, Nikolai St.

Nikonova, d. 4) original documents, in relation to Premier LLC (OGRN

08/01/2014 to 12/31/2014, including: bank account agreement, correspondence

OOO Premier with PJSC Promsvyazbank and others.

The Federal Tax Service Inspectorate for the Verkh-Isetsky District of Yekaterinburg (620014, Yekaterinburg, Khomyakova St., 4) has the original certificate of completed transport services between Premier LLC and TK MIG LLC dated September 30, 2014, received as part of conducting a tax audit of the Premier company, based on the results

1245703002_8327390 2

which act No. 5/17 of 01/23/2017 was drawn up, the correspondence of the Premier society for

period from 01.08.2014 to 31.12.2014.

LLC Sfera (TIN 6670392851, 620078, Sverdlovsk region, Yekaterinburg, Mira st., 39, floor 2, room 53), LLC Gefest (TIN

letter A7, floor 5, room 3, room 38), Alkor-Trade LLC (TIN 8904057220,

629329, Yamalo-Nenets autonomous region, Novy Urengoy, Microdistrict

Optimistov, 3, 1), Ramik LLC (TIN 8904059789, 629306, Yamalo-Nenets

Autonomous Okrug, Novy Urengoy, st. Geologist, 8A, 50)

documents relating to relations with Premier LLC for the period from

08/01/2014 to 12/31/2014.

LLC RUSKOMPLEKT (TIN 7727696457, 117042, Moscow, proezd

Chechersky, 120 room I) original contract No. 2014/30TR dated October 30, 2014,

concluded with Premier LLC, as well as other documents drawn up in

execution of the specified contract for the period from 08/01/2014 to 12/31/2014.

At the same time, the court considers it necessary to note that in the absence of

requested documents, the court should provide explanations about the absence

requested documents.

Guided by Art. 66, 184, 185 Arbitration Procedure Code

Russian Federation, Arbitration Court

Defined:

1. Oblige Promsvyazbank PJSC (620027, Yekaterinburg, st.

Nikolay Nikonov, d. 4) to submit to the Arbitration Court of Sverdlovsk

regions by 24.04.2019 the following documents:

Original documents in relation to LLC "Premier" (OGRN

1126658008135) containing an imprint of the seal of Premier LLC, for the period from

08/01/2014 to 12/31/2014, including: correspondence between Premier LLC and PJSC

"Promsvyazbank" and others.

2. Oblige the IFTS for the Verkh-Isetsky district of Yekaterinburg

(620014, Yekaterinburg, Khomyakova st., 4) submit to the Arbitration Court

Sverdlovsk region until April 24, 2019 the following documents:

Original act of performed transport services between LLC

"Premier" and LLC "TK" MIG " dated 09/30/2014, received as part of

conducting a tax audit of the Premier company, based on the results

which act No. 5/17 of 01/23/2017 was drawn up, as well as the correspondence of the company

"Premier" for the period from 08/01/2014 to 12/31/2014.

3. Oblige Sfera LLC (TIN 6670392851, 620078, Sverdlovsk Region, Yekaterinburg, Mira St., 39, floor 2, room 53), Gefest LLC (TIN

7451319096, 454085, Chelyabinsk region, Chelyabinsk, st. Marchenko, d. 22,

letter A7, floor 5, room 3, room 38), Alkor-Trade LLC (TIN

8904057220, 629329, Yamalo-Nenets Autonomous Okrug, Novy Urengoy,

Microdistrict Optimistov, 3, 1), Ramik LLC (TIN 8904059789, 629306,

P R I C A Z No.

from "___" __________20___

On the establishment of a commission for knowledge testing

labor protection requirements

In order to ensure compliance with labor protection requirements, prevent industrial injuries and occupational diseases, in accordance with Articles 212, 215, 218 of the Labor Code of the Russian Federation and the Decree of the Ministry of Labor and social development of the Russian Federation and the Ministry of Education of the Russian Federation dated January 13, 2003 No. 1/29 "On approval of the Procedure for training in labor protection and testing knowledge of the labor protection requirements of employees of the organization"

1. Form a commission to test the knowledge of labor protection requirements of department heads, faculty, specialists, engineering and technical workers of the Academy, consisting of:

Head of economic and operational service.

Deputy Chairman of the Commission:

Commission members:

Chief Energy Specialist.

Chairman of the trade union organization.

Chief Legal Counsel.

2. The chief specialist in labor protection and safety _________________ draw up a work schedule for the commission to test knowledge of labor protection requirements, organize consultations and familiarize employees of the organization with the current regulatory documents on labor protection in the Russian Federation and the fire safety rules of the Russian Federation, check the status of documentation on labor protection.

Guided by the requirements of Federal Law No. 116-FZ "On Industrial Safety of Hazardous Production Facilities", PB 12-529-03 "Safety Rules in the Gas Industry of Gas Distribution and Gas Consumption Systems", Regulations on the Procedure for Training and Certification of Employees of Organizations Operating in the Field of Industrial safety of hazardous production facilities controlled by Rostekhnadzor of Russia RD 03-294-99.

I ORDER:

1. Appoint a commission to test the knowledge of personnel, servicing hazardous production facilities of the gas consumption system consisting of (5 people):

- chairman of the commission: ____________________________________________

- Commission members.

2.Commissions for testing the knowledge of personnel serving hazardous production facilities of gas consumption systems to conduct certification of employees before (date).

3. Record the results of certification in a protocol.

4. To acquaint the personnel inspector Ivanova L.V. with this order against the signature of the responsible person before 27.03.

5. I reserve control over the execution of this order.

Commission for testing knowledge on labor protection

Employees have been trained in labor protection. How to organize a test of employees' knowledge gained during training sessions? On what basis is this verification carried out? Let's figure it out together.

From this article you will learn:

The commission for testing knowledge on labor protection: what is it for?

The commission for testing knowledge on labor protection is created by the order of the employer to test the knowledge of the labor protection requirements of employees in the organization (clause 3.4 of the Procedure for training in labor protection and testing knowledge of the labor protection requirements of employees of organizations). A sample order on the creation of a commission to test knowledge on labor protection can be downloaded in the "Sample Documents" section or see below.

The commission for testing knowledge on labor protection, created on the basis of the enterprise, will help the employer:

How to draw up an order to appoint a commission to test knowledge on labor protection?

The order is drawn up in free form (there are no standard forms established by law). In the order on the creation of a commission to test knowledge on labor protection, we recommend that you include the following instructions:

Each interested person should be familiarized with this document. The order on training and testing knowledge on labor protection is a guide to action.

You will find the order on the creation of a commission to test knowledge on labor protection in our section "Sample Documents".

Commission for testing knowledge on labor protection: how does it work?

The commission consists of at least three people. Mandatory requirements for them are the passage of training in labor protection and testing of knowledge based on the results of training.

The company's commission includes:

Trade union representatives, including labor protection representatives of trade unions, may take part in the work of the commission.

The commission for testing knowledge of labor protection requirements consists of a chairman, deputy chairman, secretary and other members. Based on the results of testing knowledge on labor protection, the commission draws up a protocol and issues a certificate to the employee on testing knowledge on labor protection.

Minutes of the meeting of the commission to test the knowledge of labor protection requirements of employees. Fragment.

Order on the establishment of a labor protection commission

P R I C A Z No. ______

dated _____ ______________ 200___

On the establishment of a labor protection commission

On the basics of labor protection in the Russian Federation *

p r and k a z y v a y:

1. Appoint the following persons to the committee (commission) on labor protection from the administration of the institution:

(full name) (position)

________________________ _______________________

(full name) (position)

2. Approve by the authorized (trusted) persons for labor protection, elected at the meeting of the labor collective (trade union), protocol No. _______ dated _____ ____________ 200___

3. The committee (commission) on labor protection to organize its work in accordance with the Recommendations on the formation and organization of the activities of joint committees (commissions) on labor protection, created in organizations with more than 10 employees, approved by the Decree of the Ministry of Labor of the Russian Federation of 12.10.94. No. 64.

4. Commissions to develop and submit for approval the Regulations on the commission on labor protection and organize their work in accordance with the Regulations.

Director ______________________________

Familiarized with the order:

* No longer valid (see No. 90 FZ)

Appendix 4

Order on the appointment of responsible persons for the organization of safe work

R I C A Z No. ______

from “___ “____________________ 20 ___

On the appointment of responsible persons for the organization of safe work

In order to ensure healthy and safe working conditions and conduct the educational process and in pursuance of the order of the Ministry of Education of the Russian Federation dated 27.02.95. No. 92 On the labor protection service, Appendix No. 1,

p r and k a z y v a y:

1. Assign responsibility for the safe conduct of the educational process in the institution to the deputy head of the institution for academic work _______________________________________________ .

2. Assign responsibility for the safe operation of the building educational institution, safe organization of work of service personnel, sanitary and hygienic condition of household and auxiliary premises for the deputy head of the institution for administrative and economic work _________________________________________________________.

3. Assign responsibility for protecting the life and health of children during educational work, extracurricular and extracurricular activities to the deputy head of the institution for educational work ________

_____________________________________________________ .

4. Assign responsibility for protecting the life and health of children:

In physics classes at _____________________________

In chemistry classes at ______________________________

In biology classes at ____________________________

In labor training classes at __________________

In physical education classes at ______________

In computer science classes at ____________________________

In the classes on life safety at _______________________________

In other classes, as well as during the work of circles, sports sections, electives - for teachers, educators, leaders who conduct these classes.

5 To impose control over the implementation of this order on _

____________________________________________________.

Organization of labor protection at the enterprise. Sample Orders

This article provides samples of orders on the appointment of those responsible for conducting an introductory briefing, on the creation of commissions to test knowledge on labor protection, on the appointment of those responsible for fire safety in an organization.

If you need other orders - write to us, or look in the appropriate topic on our forum.

Sample order. About the procedure for conducting an introductory briefing

In pursuance of the requirements of Article 212 of the Labor Code of the Russian Federation, paragraph 2.1.2 of the Decree of the Ministry of Labor and Social Development and the Ministry of Education No. 1/29 dated January 13, 2003, paragraph 7.1 “GOST 12.0.004-90 Interstate Standard. System of labor safety standards. Organization of labor safety training. General Provisions»

I ORDER:

1.1 For structural units located in (city, town, etc.):

Labor protection specialist - full name;

Occupational safety specialist - full name.

1.2 For structural subdivisions of the management apparatus:

Head of the labor protection service - full name;

Occupational safety specialist - full name

2. Heads of structural subdivisions ensure, under their personal responsibility, the direction for induction training of persons hired, seconded employees of third-party organizations performing work in a dedicated area, undergoing internships in the organization, and other persons participating in the production activities of the organization.

3. To the secretary of the head, bring this order to the attention of the persons indicated in the order.

4. To assign control over the execution of the order to (position, full name).

Sample order. On the establishment of commissions for knowledge testing

On the basis of the Decree of the Ministry of Labor and the Ministry of Education of the Russian Federation No. 1/29 dated January 13, 2003 “On approval of the procedure for training in labor protection and testing knowledge of the labor protection requirements of employees of organizations”, Order of the Federal Service for Environmental, Technological and Nuclear Supervision No. 37 dated January 29. 2007 "On the procedure for training and certification of employees of organizations supervised by federal services for environmental, technological and nuclear supervision" and for the purpose of timely and high-quality training of employees in safe methods and techniques of work, followed by testing knowledge of labor protection requirements, certification of workers in industrial safety hazardous production facilities

I ORDER:

1. Create an attestation commission for industrial safety with the following composition:

Chairman of the attestation commission:

Full name, position

2. Create a commission to test the knowledge of labor protection requirements among managers and specialists in the following composition:

Full name, position

3. Create commissions to test knowledge in the field of safety in the scope of production instructions and instructions for these professions among workers of the organization:

Commission Chairman:

Full name, position

Vice President (Secretary):

Full name, position

Members of the certification committee:

Full name, position

Full name, position

4. Commissions for checking the knowledge of employees may work in incomplete composition, while the number of members in this case must be at least three people.

5. Representatives of state supervision bodies may be invited to participate in the work of commissions in established cases.

6. Bring this order to the attention of all employees against signature.

7. To assign control over the execution of the order to (full name, position).

Position of the head (signature) Full name

***

Sample order. On the appointment of persons responsible for the fire condition of facilities

In accordance with the requirements of the Federal Law “On Fire Safety” No. 69-FZ, “Technical Regulations on Fire Safety Requirements No. 123-FZ”, “Rules for the Fire Prevention Regime in the Russian Federation”, approved by Decree of the Government of the Russian Federation No. 390 of 25.04. d. for the purpose of carrying out preventive measures and ensuring the fire regime at the organization's facilities,

I ORDER:

1. Appoint responsible for the organization of fire safety in the whole enterprise - full name, position.

2. Appoint those responsible for the fire-fighting condition of the facilities, the maintenance and safety of fire extinguishing equipment:

2.1 For object No. 1 - full name, position.

2.2 For object No. 2 - full name, position.

3. Persons responsible for the fire-fighting condition of facilities, the use, maintenance and safety of fire extinguishing equipment:

3.1.1 Provide controlled facilities with instructions on fire safety measures for installations, workshops, sites, buildings, premises, developed in accordance with the requirements of Section XVIII of the "Rules for the fire regime in the Russian Federation";

3.1.2 primary fire extinguishing equipment in accordance with the equipment standards specified in Appendices 1, 2 of the "Rules for the fire regime in the Russian Federation" or in accordance with design data; fire shields in accordance with the standards specified in appendices 5, 6 of the "Rules for the fire regime in the Russian Federation" or according to design data;

3.1.3 fire safety information signs;

3.1.4 plates indicating the persons responsible for the fire-fighting condition, categories of production, storage facilities and outdoor installations for explosion and fire hazard and zone classes according to the Electrical Installation Rules;

3.1.5 means of personal respiratory protection.

3.2 Organize inspections of fire extinguishing equipment at intervals established by the regulatory documents of the Russian Federation in the field of fire safety.

3.3 Timely send requests to the supply department for the purchase of fire fighting equipment, information tools.

4. Bring this order to the attention of all employees against signature.

5. To assign control over the execution of the order to (full name, position).

Position of the head (signature) Full name

The timeliness of providing knowledge and the regularity of training in the rules of labor protection and ensuring industrial safety is the key to the smooth functioning of the enterprise. Issues of compliance with labor laws are primary in any organization. Their implementation is regulated by the relevant legal acts(including the need for the employer to draw up and issue an order on a three-stage control on labor protection).

Order on the creation of a labor protection commission - reasons for creating

According to the rules established in the Russian Federation, the head is obliged to conduct regular trainings for the employees of the organization. The presented activities are aimed at familiarization with the activities of the organization, general rules work schedule and with direct duties at the place of work. When ensuring labor protection at the enterprise, specially formed commissions play an important role. Representatives of the designated bodies play a paramount role in the process of ensuring the safety of professional activities.

A permanent commission can be appointed not only for examination activities, but also for other work, for example:

• To conduct inspections of employees at their immediate places of work. Their purpose is to identify inconsistencies with the requirements of the norms and their elimination;
• Timely notification of the replacement, change and revision of the internal regulations in the organization;
• Prevention of increased injuries, diseases of workers due to professional affiliation;
• Organization of special preventive nutrition;
• Development and implementation of measures to encourage employees to comply with labor protection;
• Direct participation in the event of labor disputes and disagreements in the field of safety requirements.

These functions are typical and are prescribed in the regulation on the organization. They can be duplicated in the order when creating a commission structure or fixed with a link to the document.

How to draw up an order to create a commission on labor protection?

The creation of a labor protection commission is approved by order and complies with the norms of the Labor Code of the Russian Federation.

By law, two parties must be represented in this body:

• Employer;
• Trade union.

When creating a commission on labor protection, it is necessary to include at least three members in its composition. Its regular line-up includes:

• Chairman. Often this is the director of the organization or deputy head;
• Members of the executive body. A mandatory member is a representative of the trade union committee. Chief specialists and engineers of the institution, heads of sections are appointed from the labor collective.

The commission composition is approved annually in December. The final stage in the execution of the relevant process will be the issuance of the order. The order must comply with legal regulations, as evidenced by the signature of the relevant specialist. When compiling it, it is necessary to focus on the established legislative norms and local documents in force in the institution.

• Personal data of all persons involved;
• The reason for which the document is being drawn up;
• Other additions on this issue;
• Representative signatures.

Terms of storage of the order on the creation of a commission for the protection of the tour

Orders on the appointment of a commission composition are referred to as the main documentation. According to the rules for storing basic documents, orders are stored permanently while the organization exists.

Orders are formed into folders in a hierarchical order and at the end of the year are added to folders, which are drawn up according to archival standards. Storage of orders can be carried out in the personal archive of the enterprise.

Sample order on the creation of a commission on labor protection

The order on the creation of a commission on labor protection at the enterprise must contain the following mandatory items:

• The title of the order, which indicates the essence of the information contained in the document;
• The basis for creating the document. Link is provided to legislative act or on the internal labor regulations establishing its obligatory nature;
• Named commission structure;
• Enumeration of the functions that are assigned to the specialists indicated in the list;
• Data of the person who controls the timely familiarization of these specialists with the issued order.

The document is approved by the director of the organization and a staff lawyer.

The favorable functioning of any enterprise must be accompanied by measures to ensure proper conditions labor activity. Representatives responsible for the relevant actions play a significant role in this process. Their purpose is documented.