The law punishing a manager for violation of TB. Accused of violation of TB. The document must indicate

30.07.2018

During labor activity, there are frequent cases of occurrence of various incidents, emergencies, harm to the health of workers and equipment.

Such cases often occur due to violation of occupational health and safety standards.

Federal legislation, along with local regulations, provides for a list of penalties and safety rules at work, both in relation to employees and the employer.

List of major occupational safety violations

List of major violations of legislation in this area contained in the norms labor law , as well as recommendations and other regulatory legal acts of ministries and departments in accordance with the profile of the direction of the organization.

In some cases, violations may be specific in nature, taking into account the scope of the enterprise's activities.

Examples of major violations of industrial safety requirements and standards include:

There are also specific violations, allowed by both parties to work - when working at height, the employer does not provide employees with safety equipment, when working with flammable substances there are no fire extinguishing means.

These violations are of a special nature, as they are inherent in organizations operating in certain areas of production.

Rough

Also, the legislator identifies certain types of violations, both on the part of the employee and the employer, which are classified as gross:

That caused the death of a person

In the event that a violation of labor protection standards and safety rules that occurred resulted in the death of an employee, the organization's management should to act within certain stages established by labor legislation:

1. First of all, it is necessary to call the medical service to provide assistance or establish the fact of fixing the death of an employee.
2. After that, the relatives or legal representatives of the employee should be notified of the fact of death at work, while calling the police officers to record the circumstances and causes of death.
3. You should also create a special commission to investigate an industrial accident by the employees of the enterprise by issuing an appropriate order.
4. Conducting inspection activities by the labor inspectorate and law enforcement agencies.
5. The conclusion of the commission for the investigation of the accident and the police on the circumstances of the incident and the designation of those responsible for the incident.

Sample order for punishment

Execution of an order on punishment for violation of labor protection rules should be carried out only on grounds labor legislation and comply with OT regulations.

Also such a document must comply with the rules and standards of GOST on document flow and the rules for maintaining the documentation of the enterprise itself.

The document must indicate:

• name of company;
• grounds for punishment and confirmation of the employee's guilt;
• indication of the employee's personal data and indication of his position;
• labor law norms that the employee violated.

Useful video

Criminal liability for violation of labor protection requirements is described in detail in this video.

The right of everyone and everyone in Russia to work in favorable working conditions, which will meet the rules of safety and hygiene, is enshrined in the Constitution.

Violation of labor protection rules: duty and responsibility

Russia develops constitutional provisions and imposes a duty to ensure safe labor process, the conditions of which will meet the regulatory requirements of the state, directly to the employer. This fact is enshrined in article 22. At the same time, the state guarantees that it will protect the rights of citizens. This process is carried out through control (supervision) and disciplinary and civil law (Article 419 of the Labor Code of the Russian Federation), as well as administrative and criminal.

Art. 143 of the Criminal Code of the Russian Federation: violation of labor protection rules

This legal norm establishes the types (exhaustive list) of liability for violation of the established mandatory requirements OT, committed by an official who was entrusted with duties (officials) for their implementation. As a rule, these are individual entrepreneurs operating without the formation of a legal entity, the head of the enterprise or his deputies, as well as officials.

According to the text of the article, the requirements of OT should be understood as state standards that are contained in federal laws and other legal acts of Russia, as well as its subjects. The sanctions differ depending on the nature of the consequences that occurred as a result of the given criminal act.

Causing grievous harm

Criminal liability for violation of labor protection rules, as a result of which, through negligence, human health is inflicted harm classified as serious, implies one of the following sanctions:

• a fine of up to 400 thousand rubles. or in an amount equal to the wages (or other income of the convicted person) for a period of up to 1.5 years;
• from 180 to 240 hours of compulsory work;
• up to 2 years of correctional labor;
• up to 1 year of forced labor;
• up to 1 year in prison; additionally, a convicted person may be deprived of the right to hold any specific position, or engage in a specific type of activity for a period of up to a year.

What is the threat in case of death?

Criminal liability for violation of labor protection rules, as a result of which a person died through negligence, implies:

• up to 4 years of forced labor;
• imprisonment for up to 4 years, additionally deprivation of the right to conduct certain activities or hold a specific position for up to 3 years.

If, due to the negligence of the person who was entrusted with the duties (officials) to comply with the rules of labor protection, two or more people died, then the above terms increase by a year, that is, up to 5 and 4 years, respectively.

What is the object of the crime?

The article 143 we are considering (violation of labor protection rules) of the Criminal Code of the Russian Federation contains an indication of two objects of encroachment (direct): the main and additional. The first means such public relations, which ensure compliance with OT rules, including safety precautions. An additional object of this norm is the life and / or health of people. In this case, the victims can be not only employees of the enterprise, but also other persons whose activities on a permanent or temporary basis are in one way or another connected with the company.

Objective side: characteristic

The objective side of the criminal act under consideration (violation of labor protection rules) has three mandatory features, namely:

1. An act (inaction or action) associated with a violation of OT rules, including safety precautions.
2. Consequence: death of an employee or injury to his health, defined as serious.
3. The presence between the act and the resulting adverse consequences of a causal relationship.

By design, the composition of this crime is material and has a certain specificity. A criminal offense is considered completed at the moment of causing harm to the victim's health, which is defined as grievous. In each specific case, a forensic medical examination is obligatory organized. In cases where a violation of the OT rules does not entail the onset of the consequences indicated above, then the composition of the attempt is not formed, due to the fact that it does not belong to the subject of criminal law regulation.

Subject and subjective side

The criminal law norm establishing responsibility for violation of labor protection rules has a special subject. This is the person who is entrusted by the organization with duties (officials) to comply with the organization (in production, at the site) of safety measures (TB) and other labor protection rules or to control their implementation.

As for the subjective side, it is defined as a careless attitude in the form of frivolity or negligence of the guilty person. If during the investigation it is proved otherwise, that is, the presence of intent for the onset of grave consequences for the victim or his death, then we will already talk about criminal liability for a crime directed against the health and / or life of a person.

Thus, violation of labor protection rules (Criminal Code of the Russian Federation, Art. 143) has one qualifying feature - the presence of a causal relationship between the act and the consequence. In other words, death or harm to health (only serious) must be the result of a violation of the OT rules.

Delimitation from Art. 285, 293 of the Criminal Code of the Russian Federation

Agree, the violation of labor protection rules is quite close in meaning to the norms of Art. 285, 293 of the criminal legislation regulating the abuse of their official powers and negligence, respectively. In practice, such situations happen quite often, and you need to correctly separate one from the other. Analysis and differentiation are made based on labor duties that were assigned to this or that official. In a crime under Art. 143, the subject, as already mentioned, is a person who was directly charged with the responsibility to ensure labor safety, observance of labor protection rules and who ignored them or performed them in bad faith.

In the case of Art. 293 things are a little different. The subject will be the one who, in accordance with his official position, was obliged to have information about the situation in the workplace or in the organization to ensure labor safety, and to take appropriate measures to avoid an accident.

Practice of courts

The practice in cases of bringing to responsibility for violation of labor protection rules (Criminal Code of the Russian Federation) is reflected in the Resolution of the Armed Forces of the Russian Federation No. 1 dated 04.24.1991. Let us dwell on some clarifications.

According to the provisions of the resolution, the onset of responsibility for this crime does not depend on the form of ownership of the enterprise. The subject is special, but it can be not only citizens of Russia, but also stateless persons, as well as foreigners. If an act, namely a violation of the norms and rules of labor protection, was committed by an employee who is not a person specified in norm 143 of the Criminal Code, but his action or inaction resulted in the onset of consequences, then the deed is considered as a crime committed against the person.

When imposing punishment, judges are obliged to take into account the types of violations of labor protection rules that have taken place, their nature, the severity of the consequences that have occurred as a result of their commission, as well as other circumstances in accordance with the Criminal Code. taking them into account, it is necessary to discuss the issue of assigning not only the main punishment, but also the additional one.

The legislation provides for criminal liability for non-observance of labor protection rules and employee safety conditions. In accordance with Article 143 of the Criminal Code of the Russian Federation, a person who was responsible for observing safety regulations or other labor protection rules will be prosecuted if his actions (inaction) caused serious harm to human health by negligence.

This person will be punished:

· a fine of up to 200,000 rubles or in the amount of it wages(other income) for a period up to 18 months, or

· compulsory work for up to 480 hours, or

· correctional labor for up to two years, or

· forced labor for up to one year, or

· imprisonment for up to one year.

For the death of a person - the punishment is more severe. The person responsible for compliance with safety regulations and other labor protection rules will be obliged to perform forced labor for up to four years, with or without the deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it. Or the person may be imprisoned for up to four years, with or without the disqualification to hold certain positions or engage in certain activities for up to three years.

Criminal liability has also been established for:

· violation of safety rules during mining, construction or other work (article 216 of the Criminal Code of the Russian Federation);

· violation of safety rules at nuclear power facilities (Article 215 of the Criminal Code of the Russian Federation);

· for violation of safety rules at explosive facilities (Article 217 of the Criminal Code of the Russian Federation);

· for violation of fire safety rules (Article 219 of the Criminal Code of the Russian Federation);

· for a number of other violations of labor protection rules.

Examples of practice - court decisions and sentences under Article 143 of the Criminal Code of the Russian Federation:

Judgment in case 1-10 / 2015 (02.04.2015, Parabelsky District Court (Tomsk Region))
Judgment in case 1-28 / 2015 (03/30/2015, Uvelsky District Court (Chelyabinsk Region))
Judgment in case 33-4579 / 2015 (30.03.2015, Supreme Court Republic of Tatarstan (Republic of Tatarstan))
Judgment in case 1-71 / 2015 (03/27/2015, Emanzhelinsky city court (Chelyabinsk region))
Judgment in case 1-195 / 2015 (03/25/2015, Podolsk city court (Moscow region))
Judgment in case 4 / 17-3 / 2015 (20.03.2015, Drozhzhanovsky District Court (Republic of Tatarstan))
Judgment in case 1-63 / 2015 (03/18/2015, Meleuzovsky District Court (Republic of Bashkortostan))
Decision in a criminal case (03/17/2015, Ust-Yanskiy judicial district No. 33)
Decision in a criminal case (03/17/2015, Judicial site No. 1 of the Purovsky district)
Decision in case 2-1019 / 2015 (2-10189 / 2014;) ~ М-6154/2014 (17.03.2015, Sovetsky District Court of Krasnoyarsk (Krasnoyarsk Territory))
Judgment in case 1-25 / 2015 (03/17/2015, Komarichsky District Court (Bryansk Region))
The decision of the court of first instance: satisfy the claim in full (06.03.2015, AS of the Udmurt Republic)
Decision in case 22-154 / 2015 (22-8694 / 2014;) (05.03.2015, Supreme Court of the Republic of Tatarstan (Republic of Tatarstan))
Judgment in case 10-3 / 2015 (05.03.2015, Kirsanovsky District Court (Tambov Region))
Judgment in case 1-61 / 2015 (1-489 / 2014;) (04.03.2015, Oktyabrsky District Court of Vladimir (Vladimir region))
Judgment in case 2-1397 / 2015 ~ M-813/2015 (04.03.2015, Zavodskoy District Court of Kemerovo (Kemerovo Region))
Judgment in case 33-1696 / 2015 (04.03.2015, Primorsky Regional Court (Primorsky Territory))
Judgment in case 12-57 / 2015 (04.03.2015, Leninsky District Court of Izhevsk (Udmurt Republic))
Decision in case 2-7 / 2015 (2-173 / 2014;) ~ M-224/2014 (02.03.2015, Romnensky District Court (Amur Region))
Decision in a criminal case (26.02.2015, Judicial station No. 2 of the magistrate of the city of Monchegorsk with jurisdictional territory)
Judgment in case 33-461 / 2015 (26.02.2015, Supreme Court of the Republic of Mordovia (Republic of Mordovia))
Judgment in case 1-20 / 2015 (25.02.2015, Zheleznodorozhny District Court of Penza (Penza Region))
Judgment in case 2-140 / 2015 ~ M-27/2015 (25.02.2015, Raduzhninsky City Court (Khanty-Mansiysk Autonomous Okrug))
Decision in case 2-97 / 2015 ~ M-91/2015 (24.02.2015, Pestyakovsky district court (Ivanovo region))
Judgment in case 1-106 / 2015 (24.02.2015, Votkinskiy District Court (Udmurt Republic))
Judgment in case 22-186 / 2015 (02/18/2015, Sakhalin Regional Court (Sakhalin Region))
Judgment in case 33-729 / 2015 (18.02.2015, Supreme Court of the Chuvash Republic (Chuvash Republic))
Judgment in case 22-684 / 2015 (17.02.2015, Samara Regional Court (Samara Region))
Decision in case 2-385 / 2015 ~ M-165/2015 (16.02.2015, Chudovsky District Court (Novgorod Region))
Decision in a criminal case (16.02.2015, Court District No. 2 of the Justice of the Peace of Kandalaksha with jurisdictional territory)
Judgment in case 1-11 / 2015 (1-128 / 2014;) (12.02.2015, Mendeleevsky District Court (Republic of Tatarstan))
Judgment in case 33-2977 / 2015 (12.02.2015, Krasnodar Regional Court (Krasnodar Territory))
Judgment in case 2-1103 / 2015 ~ M-497/2015 (11.02.2015, Zavodskoy District Court of Kemerovo (Kemerovo Region))
Judgment in case 1-21 / 2015 (10.02.2015, Laishevsky District Court (Republic of Tatarstan))
Judgment in case 1-46 / 2015 (06.02.2015, Kirovsky District Court of Perm (Perm Territory))
Judgment in case 2-376 / 2015 ~ M-1/2015 (05.02.2015, Proletarsky District Court of Tver (Tver Region))
Decision in case 2-7 / 2015 (2-773 / 2014;) ~ М-620/2014 (05.02.2015, Pereslavsky District Court (Yaroslavl Region))
Decision in case 2-438 / 2015 ~ M-3523/2014 (02.02.2015, Artyomovsk City Court (Primorsky Territory))
Judgment in case 12-17 / 2015 (02.02.2015, Kuibyshevsky District Court of Novokuznetsk (Kemerovo Region))
Decision in a criminal case (02.02.2015, Judicial site No. 3 of the city of Kimry)
Judgment in case 33-222 / 2015 (01/29/2015, Penza Regional Court (Penza Region))
Decision in case 2-267 / 2015 (2-5445 / 2014;) ~ M-6084/2014 (01/29/2015, Leninsky District Court of Saransk (Republic of Mordovia))
Decision in case 2-80 / 2015 (2-2092 / 2014;) ~ М-2073/2014 (28.01.2015, Meleuzovsky District Court (Republic of Bashkortostan))
Judgment in the case 4/9/2015 (4/196/2014;) (28.01.2015, Nelidovsky city court (Tver region))
Judgment in case 1-18 / 2015 (26.01.2015, Naro-Fominsk City Court (Moscow Region))
Judgment in case 10-3 / 2015 (10-30 / 2014;) (23.01.2015, Novotroitsk city court (Orenburg region))
Decision in case 2-296 / 2015 (2-4423 / 2014;) ~ М-4777/2014 (01.22.2015, Zlatoust city court (Chelyabinsk region))
Judgment in case 33-906 / 2015 (33-18319 / 2014;) Judgment in case 33-830 / 2015 (33-18243 / 2014;) (22.01.2015, Supreme Court of the Republic of Tatarstan (Republic of Tatarstan))
Decision in case 1-3 / 2015 (1-231 / 2014;) (01/19/2015, Shimanovsky District Court (Amur Region))

Criminal case 1-195 / 15 (Decision in case 1-195 / 2015 (25.03.2015, Podolsk city court (Moscow region))

(19214)

P R I G O V O R

In the name Russian Federation.

Podolsk City Court of the Moscow Region consisting of: the presiding judge A.F. Sharafeev, with the secretary A.S. Nefyodova, with the participation of the public prosecutor - assistant of the Podolsk city prosecutor D.Yu. Makushenko, representative of the victim R, defendant A.N. Kochetkov, his lawyer by agreement - lawyer Radosteva TA, defendant Demekhin Yew.The. and his lawyer by agreement - attorney Velichkovskaya A.I., having examined in an open court hearing a criminal case on charges:

Kochetkova A.N.,<данные изъяты>

Demekhina Yu.V.,<данные изъяты>

both in the commission of an offense under Part 2 Art. 143 of the Criminal Code of the Russian Federation,

U S T A N O V I L:

Kochetkov A.N. is guilty of violation of labor protection requirements committed by a person who is entrusted with the obligation to comply with them, and this has led to the death of a person by negligence, namely in a crime under Part 2 Art. 143 of the Criminal Code of the Russian Federation

<адрес>, registered in the Unified State Register of Legal Entities by the Interdistrict Inspectorate of the Federal tax service No. 5 in the Moscow region for No. No. on the basis of order No. from DD.MM.YYYY Demekhin Yew.V. was appointed to the position of executive director.

LLC ”was created and operated in accordance with the requirements of Art. 34 of the Constitution of the Russian Federation, Art. 87-94 Civil Code RF, adopted on 21.10.1994, FZ 51-FZ, FZ RF No. 13-FZ dated 08.02.1998, "On companies with limited liability", The Charter of the" Limited Liability Company LLC and has the main goal of implementing commercial activities for expanding the market with goods and services, as well as making a profit, including carrying out activities for the production of concrete and reinforced concrete works, the production of electrical work, the provision of services for installation, repair and maintenance, rewinding of electric motors, etc.

In accordance with the set of documents for the standard technological process "Production of the concrete module of substations", approved on May 13, 2013 by the executive director of LLC Demekhin Yu.V., in the production workshop at the address:<адрес>a universal form No. has been established for the manufacture of reinforced concrete products - parts of the transformer substations body, which is a metal reconfigurable structure with a foundation - a pit.

Kochetkov A.N., appointed by order no. on ensuring the safety of production processes, training workers, monitoring the training of workers (including conducting briefings), conducting inspections of the state of health and safety at work, namely: in violation of the requirements of clause 2.5. State standard USSR "Production processes", approved by the Resolution of the State Committee of Standards of the USSR dated 25.04.1975 (hereinafter GOST 12.3.002-75) according to which "Requirements for production equipment. Applied in production process production equipment must meet the safety requirements set out in GOST 12.2.003 and other regulatory documents for the relevant groups of production equipment "; - p. 2.8.4. GOST 12.3.002-75 according to which "Organization of training and knowledge testing of workers of labor safety requirements should be carried out in accordance with the requirements of GOST 12.0.004"; p. 2.9.1. GOST 12.3.002-75 according to which “The use of protective equipment for workers must ensure: ... protection of workers from the action of hazardous and harmful production factors accompanying the adopted technology and working conditions; protection of workers from the action of hazardous and harmful production factors arising from the disruption of the technological process ”; - p. 5.8. Construction norms and rules of the Russian Federation, adopted and enacted by the Decree of the Gosstroy of Russia dated July 23, 2001 No. 80 (hereinafter SNiP 03/12/2001) according to which “The organization should organize inspections, control and assessment of the security status and conditions labor safety, including the following levels and forms of control: constant monitoring by employees of the serviceability of equipment, devices, tools, checking the presence and integrity of fences, protective grounding and other protective equipment before starting work and during work at workplaces in accordance with the instructions for labor protection; periodic operational control carried out by the heads of work and divisions of the enterprise in accordance with their job responsibilities; selective control of the state of conditions and labor protection in the divisions of the enterprise, carried out by the labor protection service in accordance with the approved plans. If violations of the norms and rules of labor protection are detected, employees must take measures to eliminate them on their own, and if this is impossible, stop work and inform the official. In the event of a threat to the safety and health of employees, responsible persons are obliged to stop work and take measures to eliminate the danger, and, if necessary, ensure the evacuation of people to a safe place ”; training, instruction, knowledge testing and admission to independent work with the electrical equipment of the molder P did not carry out, the signature on behalf of P in the logbook for checking the norms and rules of work in electrical installations is fake, which indicates that the check of the preparation of the molder P for work with electrical equipment was not carried out.

Also Kochetkov A.N. did not fulfill the electrical safety requirements in terms of the technical condition, maintenance of electrical installations and electrical equipment in good condition and their compliance with electrical safety requirements, monitoring compliance with electrical safety requirements, accounting in the organization of auxiliary equipment for its verification / testing, namely: the requirements of p .NS. 1.2.2. Of the Rules technical operation electrical installations of consumers ", approved by the Order of the Ministry of Energy of the Russian Federation on 13.01.2003. No. 6 (hereinafter PTE EP) according to which “The consumer is obliged to ensure: the maintenance of electrical installations in a working condition and their operation in accordance with the requirements of these Rules, safety rules and other normative and technical documents (hereinafter - NTD); timely and high-quality technical maintenance, scheduled preventive maintenance, testing, modernization and reconstruction of electrical installations and electrical equipment; selection of electrical and electrotechnical personnel, periodic medical examinations of employees, conducting instructions on labor safety, fire safety; training and knowledge testing of electrical and electrical engineering personnel; reliability of operation and safety of operation of electrical installations; labor protection of electrical and electrotechnological personnel; ... "; - p. 2.12.6. PTE EP "To power portable (hand-held) electric lights in rooms with increased danger and in especially dangerous rooms, a voltage of no higher than 50 V should be used, and when working in especially unfavorable conditions and in outdoor installations, no higher than 12 V. Plugs of devices 12 - 50 V must not be plugged into sockets with a higher rated voltage. In rooms in which voltage of two or more ratings is used, on all plug sockets there must be inscriptions indicating the rated voltage "; - p. 3.5.2. PTE EP according to which “When organizing the operation of a specific type of portable, mobile electrical receivers (power tools, electrical machines, lamps, welding installations, pumps, furnaces, compressors), auxiliary equipment for them (portable: separating and step-down transformers, frequency converters , residual current devices, extension cables, etc.) it is necessary to take into account the additional requirements for them set forth in the manufacturer's documentation, state standards, safety rules and these Rules "; - p. 3.5.10. PTE EP according to which “To maintain good condition, conduct periodic inspections of portable and mobile electrical receivers, auxiliary equipment to them, by the order of the Consumer's manager, a responsible employee or employees with group III must be appointed. These employees are obliged to keep a Register of inventory accounting, periodic inspection and repair of portable and mobile electrical receivers, auxiliary equipment for them "; - NS. 3.5.11. PTE EP according to which “Portable and mobile electrical receivers, auxiliary equipment to them must be periodically checked at least once every 6 months. The results of the check are reflected by the employees specified in clause 3.5.10 in the Register of inventory control, periodic inspection and repair of portable and mobile electrical receivers, auxiliary equipment for them "; - Clause 3.5.13 of the PTE EP according to which ““ During operation, portable, mobile electrical receivers, auxiliary equipment to them must undergo maintenance, tests and measurements, scheduled preventive repairs in accordance with the instructions of the manufacturers, given in the documentation for these electrical receivers and ancillary equipment to them. " p. 1.7.151. Of the Electrical Installation Rules Edition of the seventh, approved by the Ministry of Energy of the Russian Federation on 08.07.2002 No. 204, according to which “For additional protection against direct contact and indirect contact, plug sockets with a rated current of not more than 20 A for outdoor installation, as well as indoor installation, but to which portable electrical receivers can be connected, used outside buildings or in rooms with increased danger and especially dangerous, must be protected by residual current devices with a rated residual current of no more than 30 mA. It is allowed to use hand-held power tools equipped with RCD plugs "; - clause 6.1.2. SNiP 12-03-2001: "Production equipment, fixtures and tools used to organize the workplace must meet the requirements of labor safety", clause 6.4.7. SNiP 12-03-2001: "Plug sockets for rated currents up to 20 A, located outdoors, as well as similar plug sockets located indoors, but designed to power portable electrical equipment and hand tools used outdoors , must be protected by residual current devices (U30) with an operating current of no more than 30 mA, or each socket must be powered from an individual isolation transformer with a secondary voltage of no more than 42 V "; p. 2.1.33. Of the Rules for the Arrangement of Electrical Installations The Sixth Edition, approved by the Ministry of Energy of the Russian Federation 2000, according to which “The choice of types of wiring, the choice of wires and cables and the method of their laying should be carried out in accordance with table. 2.1.2 "p. 2.1.47. Electrical Installation Regulations Sixth Edition Section 2. Sewerage of electricity: “In places where mechanical damage to electrical wiring is possible, openly laid wires and cables must be protected from them by their protective sheaths, and if such sheaths are absent or insufficiently resistant to mechanical stress, by pipes, boxes, fences or the use of hidden electrical wiring ";

So, in the premises of the production workshop at the address:<адрес>for forced drying of concrete in molds in order to speed up the process of concrete hardening, three 380 V fan heaters were used, on which freelance air outlets from combustible material were installed, installed to transport hot air from fan heaters directly under the universal mold, which is not provided for by the production technology , and which were used by the staff of LLC, including R In addition, the connection of the Makar TV-15K fan heater was carried out in violation of the connection diagram to the 380 V network, and the flexible air outlets were fixed to two Cyclone-18 fan heaters and one Makar fan heater TV - 15 K "in the immediate vicinity of the incandescent heating elements to the combustible material of the inner part of the air outlet. At the same time, in violation of clause 78 of the national standard of the Russian Federation "System of labor safety standards, electrical safety, terms and definitions", approved by the Order Federal agency on technical regulation and metrology "DD.MM.YYYY No. 682-st, he (Kochetkov A.N.) allowed the use of a universal pit No. high temperature, the possibility of simultaneous contact of a person to the metal structures of buildings that have a connection to the ground, technological devices, mechanisms on the one hand, and to the metal cases of electrical equipment on the other, a fan heater with a voltage of 380V.

Also, in the aforementioned pit in the production process during forced drying of concrete, contrary to the requirements of clause 3.5.6. PTE EP according to which "Each portable, mobile electric receiver, elements of auxiliary equipment for them must have inventory numbers", a 380V MakarTV-15K fan heater was used without an inventory number.

Thus, Kochetkov A.N., belonging to the category of managers, in accordance with , adopted by the Federal Law of the Russian Federation for No. 197-FZ dated 12/30/2001 (hereinafter referred to as the Labor Code of the Russian Federation), which is responsible for ensuring safe environment and labor protection, safety of workers during the operation of buildings, structures, equipment, implementation technological processes, as well as used in the production of tools, raw materials and materials ...; Art. 225 of the Labor Code of the Russian Federation according to which “all employees, including organizations, as well as employers - individual entrepreneurs, are required to undergo training in labor protection and test knowledge of labor protection requirements in the manner prescribed by the authorized by the Government of the Russian Federation federal body executive power, taking into account the opinion of the Russian Trilateral Commission for the Regulation of Social and Labor Relations ... " production works 02/01/2014 at the facility at the address:<адрес>did not organize, without foreseeing the possibility of the onset of socially dangerous consequences of his actions in the form of causing death to the molder P, although with the necessary care and prudence he should and could have foreseen these consequences, the safety of workers, including the molder P during the operation of the equipment - universal Form No. did not provide, did not fulfill its obligations.

As a result of A.N. violations, 02/01/2014 in the period from 13.00 to 14.00 hours P, going down into the pit under the mold in accordance with the production task for stripping the universal form No. 000000428, began to perform the operation to release the finished reinforced concrete product from the formwork, during which he received a blow electric current, which became possible as a result of a short circuit and ignition of an additional abnormal air vent from a combustible material, adapted for transporting hot air in order to accelerate the production process (drying a reinforced concrete product) from an additionally installed fan heater directly under the universal mold.

As a result of the injury P was hospitalized in the GB where DD.MM.YYYY died. According to the conclusions of the expert for No. 162 dated 02/05/2014, during the forensic examination of the corpse P, it was established: electrical trauma of the upper limbs (electro-marks on the palmar surfaces of the hands; histologically: focal coagulation necrosis of the epidermis and superficial dermis with a leukocyte reaction) with thermal burns of the head, neck, upper extremities 1-2-3 tbsp., about 30% of the body surface. Burn shock. Edema of the brain and lungs. Polyorganic insufficiency. Dystrophy of the kidneys (histologically: dystrophic and necrobiotic changes in the epithelium of groups of convoluted tubules of the kidney). Secondary cardiomyopathy. Hypertrophy of the myocardium (heart weight 490 g, wall thickness of the left ventricle 1.8 cm, right 0.4 cm). Fatty degeneration of the liver. Damage on the palmar surfaces of the hands could have formed from the effects of technical electricity, as evidenced by the morphological features and the results of histological examination. Damage by technical electricity to the hands with thermal burns of about 30% of the body surface, according to clause 6.1.128 "Medical criteria for determining the severity of harm caused to human health", approved by Order No. 194n of the Ministry of Healthcare of the Russian Federation dated 04.24.2008 on the basis danger to life caused serious harm to health. Death occurred from injury from technical electricity with thermal burns of about 30% of the body surface, complicated by multiple organ failure. Thus, there is a direct causal relationship between the infliction of grievous bodily harm and the occurrence of death.

Between the failure of the head of the electrical installation section of LLC Kochetkov A.N. all actions necessary to prevent an incident and included in its responsibilities, failure to comply with the requirements, failure to comply with: Art. 215 of the Labor Code of the Russian Federation ; Sec. 2.5., 2.9.1. GOST 12.3.002-75; Sec. 1.1.2., 10.7. POT R M-016-2001; Sec. 1.2.2., 2.12.6., 3.5.2., 3.5.13. PTE EP; p. 1.7.151. PUE Seventh Edition Section 1. General rules; Sec. 6.1.2., 6.4.7. SNiP 12-03-2001; Table 2.1.2, p. 2.1.47. PUE and causing death P there is a direct causal relationship.

Demekhin Yu.V. is guilty of violation of labor protection requirements committed by a person who is entrusted with the obligation to comply with them, and this has led to the death of a person by negligence, namely in a crime under Part 2 Art. 143 of the Criminal Code of the Russian Federation , under the following circumstances:

On September 21, 2010, by the decision of the sole founder No. 1, a limited liability company LLC was created, located at the address:<адрес>registered in the Unified State Register of Legal Entities by the Interdistrict Inspectorate of the Federal Tax Service No. 5 for the Moscow Region No. No. on the basis of order No. No. dated 20.05.2013, Demekhin Yu.V. was appointed to the position of executive director.

LLC was created and operated in accordance with the requirements of Art. 34 of the Constitution of the Russian Federation, Art. 87-94 of the Civil Code of the Russian Federation, adopted on October 21, 1994, FZ 51-FZ, Federal Law of the Russian Federation No. 13-FZ dated February 8, 1998, "On Limited Liability Companies", the Statute of the "Multiblock Limited Liability Company", and has the main purpose of carrying out commercial activities to expand the market with goods and services, as well as making a profit, including carrying out activities for the production of concrete and reinforced concrete works, the production of electrical work, the provision of services for installation, repair and maintenance, rewinding of electric motors and dr.

In accordance with the set of documents for the standard technological process "Production of the concrete module of substations", approved on May 13, 2013 by the executive director of LLC Demekhin Yu.V., in the production workshop at the address:<адрес>a universal form No. for the manufacture of reinforced concrete products - parts of the transformer substation body, which is a metal reconfigurable structure with a foundation - a pit, has been established.

However, in violation of the requirements of clause 1.1. State standard of the USSR "General rules for reflecting the design of labor safety requirements in technological documentation", approved by the Decree of the State Committee of the USSR on standards dated 20.12.1983 No. 6351 (hereinafter GOST 3.1120-83), according to which "labor safety requirements must be taken into account in technological documents or sets of documents of the technological process (operation) of manufacturing or repairing products ... "; - p. 1.1. State standard of the USSR "Production processes", approved by the Decree of the State Committee of Standards of the USSR dated 04/25/1975 (hereinafter GOST 12.3.002-75) according to which "Safety of production processes is achieved by the management of a dangerous emergency functioning should be ensured by: the use of technological processes (types of work), ...; the use of production equipment that is not a source of injury ...; professional selection, training of workers, verification of their knowledge and skills of labor safety in accordance with the requirements of GOST 12.0.004; the use of protective equipment for workers, corresponding to the nature of the manifestation of possible hazardous and harmful production factors; implementation of technical and organizational measures to prevent fire and (or) explosion and fire protection in accordance with GOST 12.1.004 and GOST 12.1.010; designation of hazardous areas of work; the inclusion of safety requirements in the regulatory and technical, design and engineering and technological documentation, compliance with these requirements, as well as the requirements of the relevant safety rules and other documents on labor protection; compliance with the established order and organization at each workplace, high production, technological and labor discipline "; - p. 1.2. GOST 12.3.002-75 according to which "Production processes must be fire and explosion proof in accordance with the requirements of GOST 12.1.004, GOST 12.1.010 and ONTP 24"; - p. 1.4. GOST 12.3.002-75 according to which "Safety requirements for specific production processes are developed on the basis of labor legislation, sanitary legislation, norms and rules approved by the USSR Ministry of Health and this standard, taking into account data analysis industrial injuries and occupational morbidity, as well as predicting the possibility of preventing the occurrence of hazardous and harmful production factors in newly developed or modernized processes, ... "; - p. 1.5. GOST 12.3.002-75 according to which “Safety requirements should be established by: ... in the text part of technological maps in accordance with GOST 3.1120, safety regulations, instructions, leaflets and other documents of safety requirements for technological processes; in standards of any kind for specific production processes or for a set of processes that have these requirements in common ”; - clause 2.1.1. GOST 12.3.002-75 according to which “When designing, organizing the implementation of technological processes to ensure safety, the following measures should be envisaged: ... replacement of technological processes and operations associated with the occurrence of hazardous and harmful production factors, processes and operations in which these factors are absent or do not exceed the maximum permissible concentrations, levels; ... application of measures aimed at preventing the manifestation of hazardous and harmful production factors in the event of an accident; ... "; - p. 2.1.2. GOST 12.3.002-75 according to which "Safety requirements for the technological process should be set out in technological documentation"; - p. 2.5. GOST 12.3.002-75 according to which “Requirements for production equipment. The production equipment used in the production process must meet the safety requirements set out in GOST 12.2.003 and other regulatory documents for the relevant groups of production equipment "; - p. 2.6. GOST 12.3.002-75 according to which “Requirements for the placement of production equipment and the organization of workplaces. The location of production equipment should ensure the safety and ease of its operation, maintenance and repair, taking into account: reducing the impact on workers of hazardous and harmful production factors to the values ​​established by the SSBT standards, ... working areas (workplaces) necessary for the free and safe performance of labor operations during installation (dismantling), maintenance and repair of equipment, taking into account the size of the tools and devices used, places for installation, removal and temporary placement of initial materials, blanks, semi-finished products, finished products and production waste, as well as spare and dismantled units and parts ”; - clause 7.1.1. Building codes and regulations of the Russian Federation. Labor safety in construction ", approved by the Resolution of the State Committee of the Russian Federation for Construction and Housing and Utilities Complex No. 123 of September 17, 2002 (hereinafter SNiP 12-04-2002), according to which" "When preparing, serving, laying and maintaining for concrete, procurement and installation of reinforcement, as well as installation and disassembly of formwork (hereinafter referred to as the execution of concrete work), it is necessary to provide measures to prevent the exposure of workers to hazardous and harmful production factors associated with the nature of the work ... "; - p. K 1. Appendix "G" to the Building Norms and Rules of the Russian Federation, adopted and enacted by the Decree of the Gosstroy of Russia dated July 23, 2001 No. 80 (hereinafter SNiP 03/12/2001) according to which "Organizational and technological documentation (POS, PPR etc.) should contain specific design solutions for occupational safety that determine technical means and work methods that ensure compliance with the regulatory requirements for occupational safety. It is not allowed to replace design solutions with extracts from the norms and rules of labor safety, which are recommended to be given only as a justification for the development of appropriate solutions ”; - p. К.2. Appendix "Zh" SNiP 12-03-2001 according to which "The initial data for the development of design solutions for labor safety are: requirements normative documents and labor safety standards; typical solutions to ensure the fulfillment of labor safety requirements, reference manuals and catalogs of protective equipment for workers; manufacturer's instructions building materials, products and structures to ensure labor safety in the process of their use; instructions of factories - manufacturers of machines and equipment used in the process of work "in the specified set of documents of the typical technological process" Production of a concrete module of substations "specific work technologies and safety measures for personnel were not contained. The production of reinforced concrete products in accordance with the approved technological process is provided for without establishing technological operations for forced drying of the concrete module of substations using any heating systems of the module (fan heaters) or supplying hot air to the module, the actual technology of concrete work was different from the technological process established by the documentation , and the change in technology was carried out without taking into account the requirements of fire and electrical safety for equipment.

At the same time, the requirements of clause 1.4.3 were violated. Of the Rules for the Technical Operation of Consumer Electrical Installations ", approved by the Order of the Ministry of Energy of the Russian Federation on January 13, 2003. for number 6 (hereinafter PTE EP) according to which "Maintenance of electrical installations (electric welding, electrolysis, electrothermia, etc.), ... hand-held electrical machines, portable and mobile electrical receivers, portable power tools, must be carried out by electrotechnical personnel. He must have sufficient skills and knowledge to carry out the work safely and Maintenance the installation assigned to him ... Managers in whose direct subordination are electrotechnological personnel must have an electrical safety group not lower than that of subordinate personnel. They should provide technical guidance and oversight of these personnel. The list of positions and professions of electrical and electrotechnical personnel, who need to have an appropriate group for electrical safety, is approved by the head of the Consumer "; - p. K.11. Appendix "Zh" SNiP 12-03-2001 according to which "To prevent injury to workers by electric shock, it is necessary to provide: instructions on the construction of temporary electrical installations, the choice of routes and determination of the voltage of temporary power and lighting power networks, devices for fencing current carrying parts and location of input-distribution systems and devices; methods of grounding of metal parts of electrical equipment; ... additional protective measures when performing work in rooms with increased danger and especially dangerous, as well as when performing work in similar conditions outdoors "; - Clause 4.18 of the RF Construction Norms and Rules, adopted and enacted by the Decree of the Gosstroy of Russia No. 80 of 23.07.2001 (hereinafter SNiP 12.03.2001) according to which “organizations that develop and approve construction organization projects (PIC), work production projects ( PPR), should provide for solutions on labor safety, in terms of composition and content corresponding to the requirements set forth in Appendix G. Implementation of work without POS and PPR containing these solutions is not allowed ”; - p. 5.8. SNiP 12.03.2001 according to which “the organization should organize inspections, control and assessment of the state of protection and labor safety conditions, including the following levels and forms of control: constant monitoring by employees of the serviceability of equipment, devices, tools, checking the availability and the integrity of fences, protective grounding and other protective equipment before starting work and during work at workplaces in accordance with labor protection instructions; periodic operational control carried out by the managers of the works and departments of the enterprise in accordance with their official duties; selective control of the state of conditions and labor protection in the divisions of the enterprise, carried out by the labor protection service in accordance with the approved plans. If violations and labor protection rules are found, employees must take measures to eliminate them by their own forces, and if this is not possible, stop work and inform the official. In the event of a threat to the safety and health of employees, the responsible persons are obliged to stop work and take measures to eliminate the danger, and, if necessary, ensure the evacuation of people to a safe place ”; - p. 1.1.2. POT R M-016-2001 according to which "Electrical installations must be in a technically sound condition, ensuring safe working conditions"; - p. 10.7. POT R M-016-2001 according to which "The hand-held electric machines, portable power tools and lamps, auxiliary equipment, issued and used in work, must be taken into account in the organization (structural unit), undergo inspection and testing within the terms and volumes established GOST, technical conditions for products, the current scope and standards for testing electrical equipment and electrical installations. To maintain good condition, conduct periodic tests and inspections of hand-held electrical machines, portable power tools and lamps, auxiliary equipment, by order of the head of the organization, a responsible employee with group III must be appointed ”; - p. 1.2.2. PTE EP according to which “The consumer is obliged to ensure: the maintenance of electrical installations in a working condition and their operation in accordance with the requirements of these Rules, safety rules and other normative and technical documents (hereinafter - NTD); timely and high-quality maintenance, scheduled preventive maintenance, testing, modernization and reconstruction of electrical installations and electrical equipment; selection of electrical and electrotechnical personnel, periodic medical examinations of employees, briefings on labor safety, fire safety; training and knowledge testing of electrical and electrical engineering personnel; reliability of operation and safety of operation of electrical installations; labor protection of electrical and electrotechnological personnel; ... "; - p. 3.5.2. PTE EP according to which “When organizing the operation of a specific type of portable, mobile electrical receivers (power tools, electrical machines, lamps, welding equipment, pumps, furnaces, compressors), auxiliary equipment for them (portable: isolation and step-down transformers, frequency converters, safety shutdown devices, extension cables, etc.), additional requirements for them set forth in the manufacturer's documentation, state standards, safety rules and these Rules must be taken into account ”; - p. 3.5.10. PTE EP according to which “To maintain good condition, conduct periodic inspections of portable and mobile electrical receivers, auxiliary equipment to them, by order of the head of the Consumer, a responsible employee or employees with group III must be appointed. These employees are obliged to keep a register of inventory accounting, periodic inspection and repair of portable and mobile electrical receivers, auxiliary equipment to them "; - p. 3.5.11. PTE EP according to which “Portable and mobile electrical receivers, auxiliary equipment for them must be periodically checked at least once every 6 months. The results of the check are reflected by the employees specified in clause 3.5.10 in the Register of inventory records, periodic checks and repairs of portable and mobile electrical receivers, auxiliary equipment for them. " So, in the premises of the production workshop at the address-su:<адрес>for forced drying of concrete in molds in order to speed up the process of concrete hardening, three 380 V fan heaters were used, on which freelance air outlets made of combustible material were installed, installed to transport hot air from fan heaters directly under the universal mold, which is not provided production technology, and which were used by the personnel of LLC, including R. In addition, the connection of the Makar TV-15K fan heater was carried out in violation of the connection diagram to the 380 V network, and the flexible air outlets were fixed to two Cyclone-18 fan heaters and one to the Makar TV-15K fan heater in the immediate vicinity of the incandescent heating elements to the combustible material of the inner part of the air outlet.

Besides, executive director Demekhin Yu.V. the person responsible for maintaining in good condition portable and mobile electrical receivers, auxiliary equipment for them and carrying out their periodic inspections did not appoint, definitions "approved by the Order of the Federal Agency for Technical Regulation and Metrology" 10.1.2.2009 No. 682-st, allowed the use of a universal pit No. 000000428 in the room with conditions that create an increased danger: dampness, conductive dust, conductive floors, high temperature, the possibility of simultaneous contact of a person to the metal structures of buildings that have a connection to the ground, technological devices, mechanisms on the one hand, and to the metal cases of electrical equipment on the other, a 380V fan heater.

Also, in the above pit in the production process during forced drying of concrete, contrary to the requirements of clause 3.5.6. PTE EP according to which "Each portable, mobile electric receiver, elements of auxiliary equipment for them must have inventory numbers", a 380V MakarTV-15K fan heater was used without an inventory number.

In violation of the provisions: - clause 2.8.3. GOST 12.3.002-75 according to which "Persons allowed to participate in the production process must have professional training (including labor safety), appropriate to the nature of the work"; - p. 2.8.4. GOST 12.3.002-75 according to which "The organization of training and knowledge testing by workers of labor safety requirements should be carried out in accordance with the requirements of GOST 12.0.004"; - p. 1.4.3. Of the Rules for the Technical Operation of Consumer Electrical Installations ", approved by the Order of the Ministry of Energy of the Russian Federation on January 13, 2003. No. 6 (hereinafter PTE EP) according to which "Maintenance of electrical installations (electric welding, electrolysis, electrothermia, etc.), ... hand-held electrical machines, portable and mobile electrical receivers, portable power tools must be carried out by electrotechnical personnel. He must have sufficient skills and knowledge for the safe performance of work and maintenance of the installation assigned to him ... The managers who are directly subordinate to the electrotechnological personnel must have an electrical safety group not lower than that of subordinate personnel. They should provide technical guidance and oversight of these personnel. The list of positions and professions of electrotechnical and electrotechnological personnel, who need to have an appropriate electrical safety group, is approved by the head of the Consumer "; - clause 1.4.4. PTE EP: “Non-electrical personnel performing work in which there may be a danger of electric shock is assigned to group I for electrical safety. The list of positions and professions requiring assignment to personnel of the I group on electrical safety is determined by the head of the Consumer. Personnel who have mastered the electrical safety requirements related to his production activities, group I is assigned with registration in the journal of the established form; no certificate is issued. The assignment of group I is carried out by conducting briefing, which, as a rule, should end with a test of knowledge in the form of an oral questioning and (if necessary) a test of the acquired skills of safe working methods or first aid in case of electric shock .... The assignment of the I group for electrical safety is carried out at a frequency of at least 1 time per year "; - clause 3.5.7. PTE EP "To work with the use of a portable or mobile electrical receiver, requiring personnel to have electrical safety groups, employees who have been instructed in labor protection and have an electrical safety group are allowed"; - clause 2.1.3. "The order of training on labor protection and testing of knowledge of labor protection requirements of employees of organizations", approved by the resolution of the Mitrud of the Russian Federation and the Ministry of Education of the Russian Federation of 13.01.2003. for No. 1/29 (hereinafter referred to as the "Procedure for training on labor protection and verification of knowledge of labor protection requirements of employees of organizations") according to which "conducting briefings on labor protection includes familiarizing employees with existing hazardous or harmful production factors, study of labor protection requirements contained in local regulations organizations, labor protection instructions, technical, operational documentation, as well as the use of safe methods and techniques for performing work ... All types of briefings are recorded in the appropriate training logs (in established cases - in the work permit ) indicating the signature of the instructor and the signature of the instructor, as well as the date of the briefing "; - clause 2.1.4. "The procedure for training on labor protection and testing the knowledge of labor protection requirements of employees of organizations" according to which "Initial instruction at the workplace is carried out before the start of independent work: with all newly hired workers in the organization, ... Initial instruction in the workplace is carried out by managers structural units organizations according to programs developed and approved in accordance with the established procedure in accordance with the requirements of legislative and other regulatory legal acts on labor protection, local regulations of the organization, instructions on labor protection, technical and operational documentation ... "; - p. 2.1.5. "The procedure for training on labor protection and testing the knowledge of labor protection requirements of employees of organizations" according to which "All employees specified in clause 2.1.4 of this Procedure undergo repeated training at least once every six months according to programs developed for conducting primary instruction at the workplace ”; - p. 4.2. State standard of the USSR 12.0.004-90 “system of occupational safety standards. Organization of occupational safety training. General provisions ", approved by the Resolution of the State Standard of the USSR dated 05.11.1990. for No. 2797 (hereinafter GOST 12.0.004-90) according to which "The list of works and professions for which training is carried out, as well as the procedure, form, frequency and duration of training, are established, taking into account the industry normative and technical documentation, the heads of enterprises for agreement with the trade union committee, based on the nature of the profession, type of work, specifics of production and working conditions. - clause 7.2.1. GOST 12.0.004-90 according to which “Primary briefing at the workplace before the start of production activities is carried out: with all newly accepted at the enterprise, transferred from one division to another; with employees performing a new job for them ... "; - clause 7.2.2. GOST 12.0.004-90 according to which “Primary instruction at the workplace is carried out according to programs developed and approved by the heads of production and structural divisions of the enterprise, educational institution for certain professions or types of work, taking into account the requirements of the SSBT standards, relevant rules, norms and instructions for labor protection, production instructions and other technical documentation ... "; - clause 7.3.2. GOST 12.0.004-90 according to which "Re-instruction is carried out individually or with a group of workers serving the same type of equipment and within the common workplace, according to the program initial briefing at the workplace in full "; - clause 1.1.5. Intersectoral rules on labor protection (safety rules for the operation of electrical installations), approved by the Resolution of the Ministry of Labor and Social Development of the Russian Federation on 01/05/2001 No. 3 and by the order of the Ministry of Energy of the Russian Federation No. 163 dated December 27, 2000. (hereinafter POT R M-016-2001) according to which “Organizations must monitor compliance with these rules, the requirements of labor protection instructions, and control the conduct of briefings. Responsibility for the state of labor protection in the organization is borne by the employer, who has the right to transfer his rights and functions on this issue to the leading employee of the organization by an administrative document "; - clause 1.2.5. POT R M-016-2001 according to which "electrotechnical (electrotechnical) personnel must undergo a knowledge test of these rules and other regulatory and technical documents (rules, instructions for technical operation, fire safety, the use of protective equipment, electrical installation) within the requirements -myh to the relevant position or profession, and have an appropriate electrical safety group in accordance with Appendix No. 1 to these Rules. The personnel must comply with the requirements of these rules, instructions for labor protection, instructions received during the briefing. An employee who has passed the knowledge test on labor protection during the operation of electrical installations is issued a certificate of the established form (Appendix No. 2.3 to these rules), in which the results of the knowledge test are entered; - p. 1.1.5. POT R M-016-2001 according to which "The organizations must monitor compliance with these Rules, the requirements of instructions for labor protection, ..."; -NS. 3.5.10. PTE EP according to which “In order to maintain good condition, conduct periodic inspections of portable and mobile electrical receivers, auxiliary equipment to them, by order of the head of the Consumer, a responsible employee or employees with group III should be appointed. These employees are obliged to keep a Register of inventory registration, periodic inspection and repair of portable and mobile electrical receivers, auxiliary equipment to them "; -NS. 3.5.11. PTE EP according to which “Portable and mobile electrical receivers, auxiliary equipment to them must be periodically checked at least once every 6 months. The results of the inspection, the employees specified in clause 3.5.10, reflect in the Register of inventory accounting, periodic inspection and repair of portable and mobile electrical receivers, auxiliary equipment for them ", the specified safety requirements were not brought to the attention of the molder P , an employee responsible for maintaining portable and mobile electrical receivers of auxiliary equipment for them in good condition and conducting periodic inspections was not appointed. The instruction given with the molder P was inadequate and insufficient. At the same time, the signature on behalf of P in the logbook for checking the norms and rules of work in electrical installations is fake, which indicates that the preparation of the molder P for work with electrical equipment was not checked.

Thus, Demekhin Y. V., belonging to the category of managers, in accordance withArt. 212 of the Labor Code of the Russian Federation adopted by the Federal Law of the Russian Federation for No. 197-FZ dated 30.12.2001 (hereinafter referred to as the Labor Code of the Russian Federation), which is entrusted with the duties of ensuring safe conditions and labor protection, the safety of workers during the operation of buildings, structures, equipment, the implementation of technological processes, as well as those used in production production of tools, raw materials and supplies ...; according to clauses 2.1., 2.2., 2.27 Job description executive director of LLC approved by the President The managing organization CJSC 12/20/2013 responsibilities for the management of the administrative and economic activities of the enterprise, bearing full responsibility for the consequences of decisions made, the safety and effective use of the enterprise's property, as well as the financial and economic results of its activities, organization of work and effective interaction of production units and structural divisions, to ensure the safety of workers during the operation of buildings, structures, equipment, the organization of the implementation of technological processes, as well as tools, raw materials and materials used in the production, not to allow persons to work who have not undergone training and safety instructions in the prescribed manner labor, training and testing of knowledge and requirements for labor protection, for organizing control over the state of working conditions at workplaces, as well as for the correct use of personal and collective protective equipment by employees, taking effective measures to prevent accidents situations, the preservation of the life and health of workers in the event of such situations, including the provision of assistance to victims, immediately notify the superior manager about any situation that threatens the life and health of people, about every accident that occurs at work, or about a deterioration in the state of his health, including the manifestation of signs of an acute occupational disease (poisoning), being the head of the company and the person responsible for the performance of work, compliance with safety rules when conducting production work on 02/01/2014 at the facility at the address:<адрес>he did not organize a year, not foreseeing the possibility of the onset of socially dangerous consequences of his actions in the form of causing death to the shaper P, although with the necessary care and foresight he should and could have foreseen these consequences, the safety of workers, including the shaper P during the operation of the equipment - the universal form No. 000000428 did not provide, did not fulfill his obligations.

As a result, admitted by Demekhin Yew.The. violations, 02/01/2014 in the period from 13.00 to 14.00 hours P, going down into the pit under the form in accordance with the production task for stripping the universal form No. 000000428, began to perform the operation to release the finished reinforced concrete product from the formwork, during who received an electric shock, which became possible as a result of a short circuit and ignition of an additional abnormal air vent made of combustible material, adapted for transporting hot air in order to accelerate the production process (drying a reinforced concrete product) from an additionally installed fan heater directly under the universal mold ...

As a result of the injury, P was hospitalized in the GB where he died on 04/02/2014. According to the conclusions of the expert for No. 162 dated 02/05/2014, during the forensic examination of the corpse P, it was established: electrical trauma of the upper limbs (electro-marks on the palmar surfaces of the hands; histologically: focal coagulation necrosis of the epidermis and superficial dermis with a leukocyte reaction) with thermal burns of the head, neck, upper extremities 1-2-3 tbsp., about 30% of the body surface. Burn shock. Edema of the brain and lungs. Polyorganic insufficiency. Dystrophy of the kidneys (histologically: dystrophic and necrobiotic changes in the epithelium of groups of convoluted tubules of the kidney). Secondary cardiomyopathy. Hypertrophy of the myocardium (heart weight 490 g, wall thickness of the left ventricle 1.8 cm, right 0.4 cm). Fatty degeneration of the liver. Damage on the palmar surfaces of the hands could have formed from the effects of technical electricity, as evidenced by the morphological features and the results of histological examination. Damage by technical electricity to the hands with thermal burns of about 30% of the body surface, according to clause 6.1.128 "Medical criteria for determining the severity of harm caused to human health", approved by Order No. 194n of the Ministry of Health and Social Development of the Russian Federation of 24.04.2008. on the basis of danger to life, caused serious harm to health. Death occurred from injury from technical electricity with thermal burns of about 30% of the body surface, complicated by multiple organ failure. Thus, there is a direct causal relationship between the infliction of grievous bodily harm and the occurrence of death.

Between the failure of the executive director of LLC Demekhin Yu.V. all actions necessary to prevent the incident and included in his duties, failure to comply with the requirements of Art. 215, 225 of the Labor Code of the Russian Federation; Sec. 1.1., 2.8.3. GOST 12.3.002-75; p. 7.1.1. SNiP 12-04-2002; Sec. 1.2.2., 1.4.З., 1.4.4., 3.5.2., 3.5.7. PTE EP and the cause of death P there is a direct causal relationship.

At the request of the defendants Kochetkov A.N. and Demekhina Yew.The. according to Art. 316 of the Criminal Procedure Code of the Russian Federation , the court applies a special order of sentencing, since they are accused of committing a crime, the maximum punishment for which does not exceed 10 years in prison.

Defendant Kochetkov A.N. and Demekhin Yew.The. the grounds, procedure and consequences of the court's decision when conducting a special order were explained, including that no evidence will be examined in the court session, with the exception of personal data, circumstances that mitigate and aggravate the punishment, including those provided by the defense ; punishment with a guilty verdict cannot be imposed more than 2/3 of the maximum term of punishment for the crime committed, and they are not entitled to appeal against the verdict in connection with the inconsistency of the conclusions set out in the verdict with the actual circumstances of the case.

Defendants Kochetkov A.N. and Demekhin Yew.The. insist on the specified procedure for the consideration of the case, stating that they are aware of the nature and consequences of their petitions. They declared them voluntarily, after consultations and in the presence of defenders.

The defenders, the prosecutor, as well as the representative of the victim P, to whom the grounds, procedure and consequences of the consideration of the case in a special order were also explained, do not object to the conduct of this procedure for the consideration of the case.

After the presentation in the court session by the state prosecutor against A.N. Kochetkov. and Demekhin Yew.The. charges, the defendants declared that they pleaded guilty to this crime in full and did not change their petition for a special order of sentencing.

The state prosecutor believes that the actions of the defendants were qualified by the preliminary investigation bodies correctly.

Thus, taking into account the above, the admission of guilt by the defendants, the absence of mandatory grounds for the examination of the criminal case in the usual manner, the court finds it established and recognizes Kochetkov A.N. and Demekhina Yew.The. guilty of a crime under Part 2 Art. 143 of the Criminal Code of the Russian Federation.

When sentencing defendants, the court takes into account the degree of public danger of the crime committed, information about the identity of the perpetrators and the circumstances of the case.

As circumstances mitigating the punishment of the defendants, the court recognizes repentance, admission of guilt, for both defendants the presence of dependent young children, as well as compensation for the victim for the harm caused.

The court in the case does not see any circumstances aggravating the punishment for both defendants.

Examining the personality of the defendants, the court notes that A.N. we do not judge (volume 4 case sheets 22-24), is not registered in the neuropsychiatric and narcological dispensaries (volume 4 case sheets 25-26), at the place of residence and work it is characterized positively (volume 4 case sheets 27 , 28, 31-32), has two daughters born in 1998 and 2007 (volume 4 case sheets 21, 29, 30).

Demekhin Yu.V. we do not judge (volume 4 case sheets 37, 44-46), is not registered in the neuropsychiatric and narcological dispensaries (volume 4 case sheets 42, 42), at the place of residence and work it is characterized positively (volume 4 case sheets 36, 41), has a dependent young child - a son born in 2013 (volume 4 case sheets 34, 38).

Thus, given that Kochetkov A.N. and Demekhin Yew.The. committed a crime of average gravity, mitigating circumstances, the position of the public prosecutor and the representative of the victim on this issue, who consider it possible to show leniency to them the court, appointing them a punishment within the sanction provided for in part 2 Art. 143 of the Criminal Code of the Russian Federation , in the form of imprisonment, finds it possible to correct them without isolation from society and applies to punishment in the form of imprisonment Art. 73 of the Criminal Code of the Russian Federation - conditional sentence with the imputation of duties.

When determining the amount of punishment for the defendants, the court takes into account the admission of guilt by A.N. Kochetkov. and Demekhin Y.V., information about their personality, mitigating circumstances, requirements of Part 5 Art. 62 of the Criminal Code of the Russian Federation according to which, the term of the imposed punishment cannot exceed more than 2/3 of the maximum term or the amount of the most severe type of punishment and the requirements of Part 1 Art. 62 of the Criminal Code of the Russian Federation in the presence of a mitigating circumstance provided for in clause "k" part 1 Art. 61 of the Criminal Code of the Russian Federation.

Taking into account the circumstances mitigating the punishment, data on the personality of the defendants, the court considers it possible not to apply to them an additional type of punishment in the form of deprivation of the right to hold certain positions and engage in certain activities.

Material evidence in the case: documents of the LLC are to be kept in the case, a fragment of the air vent-corrugation, a fragment of foil are to be destroyed, from the fan heaters transferred for safekeeping to the director of LLC - Demekhin Yu.V. all restrictions on use and disposal are subject to removal.

Demekhina Y.V., DD.MM.YYYY found guilty of committing a crime under Part 2 Art. 143 of the Criminal Code of the Russian Federation , and sentenced him to imprisonment for a period of 1 (one) year and 6 (six) months, without deprivation of the right to hold certain positions and engage in certain activities.

Apply to A.N. Kochetkov. and Demekhin Yew.The. Art. 73 of the Criminal Code of the Russian Federation and the punishment imposed by him in the form of imprisonment, considered conditional, with probationary period for 1 (one) year, each.

To charge A.N. Kochetkov. and Demekhin Yew.The. independently appear at the Criminal Executive Inspectorate at the place of residence, provide all the necessary documents, certificates and characteristics, not change your place of residence without notifying the inspection and comply with all legal requirements of this inspection. To be registered with the criminal executive inspectorate at the place of residence once every two months.

Explain that the failure to fulfill the assignments imposed on Kochetkov A.N. and Demekhina Yew.The. duties, entails the cancellation of the conditional sentence.

The measure of procedural coercion Kochetkov A.N. and Demekhin Yew.The. in the form of an obligation to appear upon the entry into force of the verdict, to cancel.

Material evidence in the case: keep the documents of the LLC on file, a fragment of the air vent-corrugation, a fragment of foil to destroy, remove all restrictions on the use and disposal of fan heaters transferred for safekeeping to the director of LLC - Demekhin Yu.V.

The verdict can be appealed to the appeal instance of the Moscow Regional Court within 10 days, through the Podolsk City Court. Explain the right of the participants in the process to familiarize themselves with the minutes of the court session, to make comments on it, as well as to participate in the appeal hearing of the case.

CHAIRMAN

JUDGE: A.F.Sharafeev

At industrial enterprises and in other organizations of the Russian Federation, certain labor protection standards are in force, the main purpose of the existence and application of which is to ensure the safety of working conditions for employees carrying out their activities in any area. Responsibility for their implementation lies with the heads of organizations, branches and institutions, as well as specially authorized persons. Violation of labor protection rules, depending on the circumstances and consequences, provides for various types of liability. Some of the violations can result in punishment even in the form of imprisonment.

Liability types and regulations

Responsibility for violation of labor protection requirements is reflected in the following regulatory acts and laws of our country:

• Labor Code of the Russian Federation;
• Administrative Offenses Code;
• The Criminal Code of the Russian Federation;
• Federal Law "On Industrial Safety".

Violation of safety precautions provides for such types of responsibilities both for persons holding certain positions and for other employees who have committed such a fact intentionally or through negligence:

• Disciplinary - is to issue a reprimand (possibly with the entry into the employee's personal file). The recruitment rules are governed by the Labor Code and the internal regulations of the enterprise;
• Material - this type of liability can be imposed on those employees who, in connection with their actions, caused damage to the employer's property (broken equipment, damaged batch of goods, fire, etc.);
• Administrative - both employees of the organization and various officials can be involved in such responsibility. The main penalty is the obligation to pay a certain amount of the fine;
• The most serious form of liability, which is provided for in case of especially significant violations that caused harm to the health of one person or a group of people and, possibly, resulting in death at work, is considered criminal liability.

Who can be held liable, especially the actions taken

Article 143 of the Criminal Code of the Russian Federation clearly defines the list of persons who may be involved for non-compliance with labor protection standards (intentional or negligent):

• Heads of a firm or enterprise;
• Deputy managers, if, as a result of their actions (or inaction), there was a violation of the requirements provided for by safety measures;
• Heads of individual divisions of the organization (department, workshop, separate unit of the enterprise, branch);
• Chief Engineer, Organization Security Specialist;
• An employee of the enterprise who is obliged to ensure compliance with the standards in accordance with his job responsibilities or a separate internal order.

The Criminal Code indicates the following circumstances that must be present in order to be able to determine the actions of persons as corpus delicti:

• Lack of action to take measures to eliminate factors in the organization, the presence of which is contrary to the rules of labor protection;
• Orders and instructions given that contradict existing norms. For example, when an employee was instructed to manufacture a part on a machine from a material that cannot be processed on it (of course, if such an indication led to injury or death at work);
• Causing serious harm to the health of employees of the organization or other persons who were in the organization for any reason;
• Death of one person or group of persons due to violated safety standards;
• The opportunity to prove that the harm or death of a person occurred as a result of violations of the rules;

With regard to the reason for the commission of actions, the legislation does not provide for various types of liability, depending on whether the violation was committed through negligence or through ignorance. This fact is due to the fact that the responsible person initially puts a signature under the document, which automatically determines his full awareness of the labor protection requirements and the necessary measures to ensure them.

Types of punishments for committed actions

In accordance with the text of Art. 143 of the Criminal Code of the Russian Federation, as well as separate comments to them, depending on the corpus delicti, as well as its consequences, the following types of punishments can be applied to a person:

1. Part 1 of the article describes the penalties for actions that entailed the infliction of grievous bodily harm. In particular, the very concept of causing serious harm can be applied in such cases:

• When causing harm that is dangerous to human life;
• With the consequences after injury in the form of loss of hearing, speech, vision;
• In case of harm to the health of a pregnant woman (miscarriage or the beginning of premature birth);
• When contributing to the development of a mental disorder of an employee (due to emotional or other shock due to a traumatic situation at work);
• In case of damage to parts of the face (irreparable);
• In case of significant disability of a person (not less than 30%);
• In case of loss of professional abilities in the main specialty or occupation of the employee.

The result of such consequences by current legislation, as well as examples from judicial practice the following types of punishments are provided and applied:

• Imposition of a fine, its maximum amount can reach 400 thousand rubles. The amount of the fine can also be calculated in proportion to the person's income and be up to 18 monthly wages;
• Compulsory work with a maximum duration of 240 hours;
• Obligation to perform correctional labor (within 2 years) or compulsory labor for up to 1 year;
• Serving a sentence in places of deprivation of liberty for an action qualified as a crime for up to a year (possibly with the simultaneous prohibition of occupying certain positions)

1. Part 2. Articles reflects possible punishments, which will be borne by a person if his actions, instructions, negligence, which goes against the requirements of labor safety, will lead to the death of a person due to an injury. Such an article can consider both cases of immediate death at work and in the treatment of the consequences of the injury received:

• The need for labor in forced labor for up to 4 years;
• Serving a sentence in places of deprivation of liberty for up to 4 years. In parallel with such a measure, a restriction on the performance of work and occupation of certain positions for 3 years may be applied to a certain person;

1. Part 3 contains a certain punishment that is applied in especially severe cases - when, through the fault of an official or a responsible person, two or more people have died (for example, an accident at a mine, an explosion in a workshop, the collapse of a part of a building due to inappropriate measures, etc.). etc.):

• Obligation to perform compulsory work. The duration of such a punishment may be up to five years;

Deprivation of a responsible person of liberty with a stay in a correctional institution for up to five years. Also, simultaneously with such a measure, a ban on employment in specific positions is often applied.

Video: Punishment for violation of labor protection legislation

The labor protection system at the enterprise acts as a guarantor of the safety of its employees and as a method of preventing accidents and other dangers to the life and health of people involved in production and performing office functions.

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That is why responsibility for violation of labor protection is provided both for employers and for the employees themselves, and this issue is monitored not only at the local, but also at the state level.

Normative base

The main documents regulating the field of labor protection are the Constitution of the Russian Federation, which enshrines the employee's right to work in conditions safe for life and health, and the Labor Code, in which a separate section is devoted to aspects of labor protection.

In addition, there are federal laws, which are instruments for regulating certain areas of labor protection:

• "On trade unions, their rights and guarantees of activity", where legal status trade unions and their role in shaping OSH policy;
• "On compulsory social insurance against industrial accidents and occupational diseases", which secures the right of the organization's employees to benefits and compensation in connection with working conditions.

The documents can be downloaded here:

Who Should Be Responsible?

In any organization, a circle must be defined without fail. officials who will be responsible for the field of labor protection in the following segments:

• the enterprise as a whole - the responsible person in this case is appointed the head or his deputy;
• separate areas of work and specific divisions of the enterprise;
• electrical equipment;
• safe operation of high-risk facilities;
• other industries in accordance with the specifics of the enterprise.

The responsibility of the employee as a contractor is to comply with the following requirements prescribed by the labor protection system:

• compliance with the norms prescribed by the labor protection system in the company as a whole;
• correct use of personal protective equipment;
• undergoing training in safe work practices;
• timely notification of senior management about incidents;
• passing medical examinations in accordance with the regulations on occupational hazard.

Responsibility for failure to comply with labor protection standards is divided into 4 categories - it can be disciplinary, administrative, criminal or material.

At the same time, there are certain nuances of bringing to each of these types of responsibility.

Thus, an employee can be brought to disciplinary responsibility for one violation only once. Material liability, as a rule, should not exceed the amount of the employee's monthly salary. Administrative responsibility by default assumes a deliberate nature of the actions.

Only a natural person can be the subject of criminal liability. This means that in the event that labor protection standards are not observed in a particular organization, its head will be punished for this.

Example:

In April 2013, the Moscow City Court issued a ruling in case No. 10-1475, according to which general manager of the cinema was prosecuted in the form of imprisonment for a period of one year probation for the fact that its employee fell from the floor and was injured, as a result of which he died. During the proceedings, it turned out that the deceased engineer did not undergo compulsory training in safe work techniques.

Sanctions

If violations in the field of labor protection are detected, sanctions can be imposed on both the employee and legal entities and individual entrepreneurs.

If the fact of intentional or unintentional, negligent, misconduct is revealed, the employee may incur the following punishment options:

• warning about incomplete service compliance;
• transfer to a position with a lower pay for up to three months, subject to the consent of the employee;
• dismissal from a position associated with hazardous working conditions, with transfer to another, in accordance with the specialty of the employee, with his consent.

With material sanctions, the employee will be obliged to compensate not only the direct damage caused by the offense itself, but also to compensate for his costs of payments to third parties.

Legal entities, as well as individual entrepreneurs, can be brought to administrative responsibility if they fail to comply with the requirements of the labor protection system. In this case, the violation should be expressed in illegal actions or inaction that are intentional.

In this case, the legislation provides for the following scope of sanctions:

• For individual entrepreneurs- fine ranging from 5 to 50 minimum sizes wages or a temporary ban on the conduct of activities for up to 90 days.
• For legal entities the size of the penalties will be from 300 to 500 minimum wages (minimum wages), or a ban will be imposed on the conduct of activities for up to 90 days.

In case of concealing the fact of an accident or the presence of an occupational disease during insurance, in accordance with Article 228 Labor Code, the administrative fine will be:

• for natural person - from 3 to 5 minimum wages;
• for legal entity - from 50 to 100 minimum wages.

Criminal liability is the result of gross violations in terms of compliance with labor protection standards, detailed in Article 143 of the Criminal Code.

In addition, violations of the following categories are criminally punishable:

• safety at nuclear power facilities;
• safety during construction and other works;
• safety at explosive facilities;
• Fire safety.

In the event of a violation of the provisions of labor protection, which resulted in the infliction of grievous harm, fines in the amount of wages in the amount of up to one and a half years, or imprisonment for a period of up to one year, or correctional labor for up to two years may be imposed. If the violation results in death, the perpetrator will be sentenced to up to three years.

The fact of violation must be documented.

For these purposes, a special commission is created, numbering at least three people, which investigates the circumstances of the violation and draws up an appropriate act based on the results.

The document is drawn up in free form, but at the same time it must contain the mandatory requisites and information:

• place of drawing up the act, its date and time;
• information about the members of the commission, including their positions;
• information about the offender, also indicating the position;
• the circumstances of the violation by the perpetrator;
• what are the consequences of the violation;
• the sanctions proposed by the commission.

Below is a sample of an act drawn up based on the results of checking the violation committed in terms of labor protection requirements by an employee of Art-ex LLC:

Based on the sanctions measures proposed in the act, a corresponding order is signed. Uniform form of this document no, so you can use the following example: