About penalties for violation of the legislation on work and labor protection we Will continue (Part 2) ofabout penalties now specifically on labor protection. So, with 01. 01. 2015 in the Administrative Code article 5 appears. 27. 1. “Violation of the state standard requirements of labor protection which are contained in federal laws and other regulations of the Russian Federation“. As well as new article 5. 27 it consist of 5 (five) parts.
Part 1 Violation of the state standard requirements of labor protection which are contained in federal laws and other regulations of the Russian Federation except for the cases provided by parts 2 - 4 present articles attract the prevention or imposing of an administrative penalty on DL of 2 - 5 t. river; on SP 2 - 5 t. river; on SPINNING TOPS of 50 - 80 t. As we see river
, penalties in comparison with acting 5. 27 grew for all persons, but the prevention appeared. It is interesting how the prevention will be often used? However we will pass to the second part.
Part 2. Violation by the employer of an established order of carrying out a special assessment of working conditions on workplaces or its not carrying out attracts the prevention or imposing of an administrative penalty on DL of 5 - 10 t. r; on SP 5 - 10 t. river; on SPINNING TOPS of 60 - 80 t. rubles
Not for nothing all - adopted the law on a special assessment of working conditions, we see “whip“. There is also “gingerbread“, but about it later. Let`s continue studying of again introduced penalties so far.
Part 3. The admission of the worker to execution of labor duties by it without passing in accordance with the established procedure of training and examination of the requirements of labor protection and also obligatory preliminary (at revenues to work) and periodic (during work) medical examinations, obligatory medical examinations at the beginning of the working day (change), obligatory psychiatric surveys or in the presence of medical contraindications attracts imposing of an administrative penalty on DL of 15 - 25 t. river, on SP 15 - 25 t. river, on SPINNING TOPS of 110 - 130 t. rubles
In comparison with previous part penalties increased again and pay attention - it is only for training and examination and any kinds of medical surveys and for anything more. The following part of article, unlike new 5. 27 does not contain the sanction for repeated violations, it allocates one more violation.
Part 4. The failure to provide of workers attracts with means of individual protection imposing of an administrative penalty on DL of 25 - 30 t. river, on SP 25 - 30 t. river; on SPINNING TOPS of 130 - 150 t. the river
Here such violation was allocated by the legislator. It turns out that SIZY which are not given in time, lack on them of certificates and other delights of their delivery can entail rather big penalties. Following and last part of article 5. 27. 1. Administrative Code.
Part 5. Commission of the administrative offenses provided by parts 1 - 4 present articles, with the person which is earlier subjected to administrative punishment for a similar administrative offense imposing of an administrative penalty on DL of 30 - 40 t attracts. river in or dihard currency. for 1 - 3 years; on SP 30 - 40 t. river or suspension of operations till 90 days; on SPINNING TOPS of 100 - 200 t. river or suspension of operations till 90 days.
Such here new article appears in the Administrative Code with absolutely rather big penalties for violation of requirements of labor protection.
At the first check, there where were not engaged or engaged in labor protection occasionally at all it is possible to receive the following penalties for DL of 47 - 70 t. river, SP 47 - 70 t. river and SPINNING TOPS of 350 - 440 t. the river
I here that at first sight surprises, the sum of penalties at the first check is more, than at repeated violations, but it only at first sight. Let`s assume that for SPINNING TOPS by some miracle on the first two points the prevention, then the sum of a penalty decreases by 110 - 160 t. r also makes 240 - 280 t. river. All the same it is more, than 100 - 200 t. r for repeated, but the matter is that the inspector when fines, issues also the instruction, obligatory for execution, in a form 4 - GIT with the terms established in it for elimination of violations of requirements FROM. The legislator enters into article 19. 5 Administrative Code part 23 following of contents:
Non-performance in due time or inadequate implementation of the lawful instruction of the official of the federal executive authority exercising federal state supervision of observance of the labor legislation and other regulations containing standards of the labor law attracts imposing of an administrative penalty on DL of 30 - 50 t. river or disqualification of 1 - 3 year; on SP 30 - 50 t. river; on SPINNING TOPS of 100 - 200 t. As we see river
, at summation of penalties according to the p. 5 of Art. 5. 27. 1 and p. 23 of Art. 19. 5 Administrative Code are received, for example, for SPINNING TOPS of 200 - 400 t. river
Thus, with 01. 01. 2015 penalties for violation of the legislation on work and labor protection significantly grow. If to put penalties under new article 5. 27 Administrative Code and 5. 27. 1, we receive the following figures on the first check of GIT of citizens - 3 - 5 t., DL of 68 - 115 t. r, SP - 53 - 85; SPINNING TOPS of 430 - 590 t. river. Penalties are counted only as penalties, they can be less if the supervisory authority in some cases applies the prevention, instead of fines, but unfortunately for us productivity of checks is determined by the sums of receipts in the budget. Also I will dare to remind that only planned inspections are carried out time in three years, and unplanned the Omsk plant of cheeses, Magnit shops on all Russia, after poisonings to Stavropol Territory can be carried out both according to the complaint of the worker(s), and in case of identification of violations, for example.