In developed in the economic and military-technical relations of the Western countries (primarily in the United States and the countries of the European Union), supervision in the field of industrial safety is carried out to ascertain whether the economic entities comply with the requirements of the legislation, as well as compliance with the specified requirements used in the production of buildings and premises. , constructions, technical devices, equipment, materials and technologies - differs from the Russian model.
While both in the West and in Russia, industrial safety issues are the subject of a public-private partnership (PPP), in Russia the state component predominates in PPP and the private component in the West. For example, in Russia, government agencies do not conduct an examination of industrial safety - this function is given to business and is implemented by one of the licensed companies. But the conclusions of the latter are subject to mandatory registration by Rostekhnadzor. The model existing in the United States and the European Union can be characterized as a public-private rather than a public-private partnership.
In the USA, occupational safety issues are within the competence of the Occupational Safety and Health Administration (OSHA) of the Department of Labor (DoL), which deals with issues of occupational safety and occupational diseases. This organization was established by US Congress in accordance with the Occupational Safety and Health Act of 1970, signed by President Richard Nixon on December 29 of 1970 of the year 28, and was officially created on April 1971 of the year when the Labor Protection Act entered into force.
The main task of management is to ensure safe and healthy working conditions for employees through the development of standards in the field of occupational health and safety, ensuring their implementation (including through inspections, the imposition of fines, etc.), specialized training on production issues. security; and employer counseling. The Office is authorized to make proposals for improving the regulatory framework in the established field of activity.
The jurisdiction of the US territory is divided into 10 number districts, in each of which there are territorial governments. Their representatives regularly inspect industrial sites, where they conduct routine inspections and certification of workplaces in the most dangerous and harmful industries and technological processes, and inspect hazardous production facilities. Such inspections may be unplanned and carried out on the basis of complaints of employees and on the proposal of third parties.
In addition to the implementation of measures to ensure compliance with the requirements of regulatory documents on labor protection and safety, developed in accordance with the Law on labor protection, management is also responsible for the implementation of the requirements of laws protecting employees, informing about various offenses allowed by the employer, regardless of whether they are related to labor protection or not (whistleblower laws). These powers are delegated to the management of the US Congress in accordance with the Dodd-Frank Wall Street Reform and Consumer Protection Act, signed by President Barack Obama on July 21 of the year 2010.
According to the Law on Occupational Safety, states and territories can implement their own programs in the field of labor protection and industrial safety approved at the federal level. These programs replace the federal and partly funded by the federal government. The legislation stipulates that they should be no less effective in terms of the protection of employees, as well as the programs of the federal department of labor protection. In 22 states, such programs operate.
Speaking at the 40 anniversary of the Office of Occupational Safety and Health in April 2011, David Michaels, the US Department of Labor Secretary of the Office, illustrated the results achieved by his department with the following data:
- Mortality in production decreased from 14 thousand people in 1970 year to 4,4 thousand people in 2009 year;
- the level of injury and occupational diseases has decreased from the 10,9 case per 100 person in 1972 to less than 4 in 2009 year.
Nevertheless, David Michaels pointed out that 4,4 thousands of industrial deaths are unacceptably many: 12 people a day! In addition, every year about 3 million people become victims of industrial injuries, and many thousands receive occupational diseases.
About 8,7 million production facilities and over 106 million employees in the private sector are in the supervisory jurisdiction of management. The territorial occupational safety and health authorities have 80 local offices, 10 subordinate to regional offices. Management inspectors annually conduct about 30 thousand inspections of industrial production facilities. According to the largest American union of trade unions of the American Federation of Labor and the Congress of Industrial Unions (AFL-CIO), it will take 129 years to test and certify all jobs. In this regard, the Department of Labor Protection, along with measures for the mandatory certification of workplaces, also implements Voluntary Protection Programs (VPP).
CARROT AND STICK
The key word here is “voluntary.” Applicants for the status of a participant in such programs send a corresponding application to the territorial body of the Labor Safety Directorate, on the basis of which the latter sends them performance-based criteria. On the basis of this task, applicants develop and submit to the regional management body their proposals, after consideration and approval of which comprehensive verification of enterprises and on-site verification of workplaces is carried out. The composition of the inspection team varies from three to six people.
Those enterprises that successfully pass a comprehensive audit are subject to inclusion in one of the three voluntary industrial safety programs (VPP). Subsequently, program participants annually conduct an internal audit (self-evaluation) of industrial safety programs, and a planned field inspection of them with re-certification of workplaces (periodic on-site assessment) is conducted by representatives of the Occupational Safety and Health Administration no longer annually, but every three to five years , or in an unscheduled manner in case of an accident at work or on the basis of complaints from employees.
Participants in voluntary industrial safety programs are divided into three categories with the corresponding official status assigned:
- “High achievers” (VPP Star) - the highest level of achievements, exemplary enterprises that successfully implement comprehensive occupational safety programs with minimal indicators of industrial injuries and occupational diseases among full-time employees (by 50% below the national average in their industries for at least one of the last three years preceding the regular scheduled inspection), the actual results of production activities correspond to the technical task of the Security Department ore;
- “Horoshisty” (VPP Merit) - the next level of achievement, the company, showing determination to climb a step higher over the next three years and having the corresponding potential, the results achieved indicate a lack of effectiveness in several areas;
- “Those who are zealous” (VPP Star Demonstration) are enterprises that have just begun to implement an alternative or new set of measures of industrial safety, as a result of which they may be assigned a higher status.
On small enterprises with the number of production staff up to 500 people, on-site consultation (on-site consultation) with representatives of the Office of Occupational Safety and Health are implementing incentive programs (Safety and Health Achievement Recognition Program, SHARP), providing for exemption from annual scheduled inspections for up to three years subject to their exemplary performance of industrial safety requirements.
Program participants can use banners corresponding to their status (banners), flags (flags) and logos (logos) on their promotional products and in the exterior design of the territory and buildings.
The above statuses are assigned according to the results of three types of certification:
- certification of individual industrial sites (site-based certification);
- certification of production personnel rotated between several geographically separated industrial sites (mobile workforce certification);
- certification of corporation as a whole (corporate certification).
By the end of 2013, 2333 enterprises participated in voluntary industrial safety programs (VPPs), the vast majority of which had “Excellent” status (VPP Star). The programs covered more than 1 million people in production. The total economic effect of the participants in these programs since their deployment in 1982 has now exceeded 1 billion. This is the result at the macroeconomic level.
At the microeconomic level - the level of an individual company - the United Space Alliance, a joint venture of two giants of the US defense industry - the corporations Boeing and Lockheed Martin - is a case in point. The firm is a contractor for the National Aerospace Agency of the United States to provide a complex of launch services and operation of the spaceport at Cape Canaveral. The United Space Alliance company received the status of “excellent student” of industrial safety in 2004, the company and holds it to the present. The level of emergencies and industrial injuries decreased in various divisions of the company by 15 – 25%. In one of the divisions with a staff of up to 100, he became zero, which resulted in a bonus of $ 47 thousand from the employer and another 48 thousand from payments from the insurer.
Leading Russian defense companies already have advanced production. Photos from www.irkut.com
In addition to gingerbread, the Occupational Safety and Health Administration also has a painful financial whip in the form of fines imposed on violators of industrial safety rules. For example, in November 2014, the shipyard at Colonna's Shipyard in Norfolk, specializing in the repair of surface warships and auxiliary vessels of the US Navy, was fined 100 thousand dollars for improper safety of production personnel. The reason for the unscheduled inspection was a complaint about the lack of fencing of open hatches when performing welding work at high (more than 10 m) height. During the test, 12 violations were found. In 2010, the same enterprise was fined 85 thousand dollars for four violations of industrial safety rules during the year.
The successes achieved made it possible to start translating the regulations of voluntary programs to the level of mandatory: representatives of both parties in the lower house of the United States made a corresponding legislative initiative at the end of May of this year.
Supervision in the field of atomic energy use is the exclusive responsibility of the US Department of Energy and is under the jurisdiction of the Federal Technical Capability Panel, which is one of the departments of the agency.
Technical inspection of load-lifting mechanisms, equipment working under pressure, power supply systems of industrial enterprises are the responsibility of non-profit self-regulating organizations: boiler inspection (National Board of Electrical Examiners) and technical supervision (Occupational Safety and Health) Administration), which, in turn, delegate their powers to a number of commercial and non-profit organizations. For example, in the case of certification of lifting devices, including cranes and hoists, these are the commercial organization Crane Institute Certification (CIC), as well as the non-profit National Center for Construction Certification of Crane Operators (NCCCO) and Operating Engineers Certification Program (OECP). Authorized certification organizations coordinate their activities closely with insurance companies.
In the European Union, the situation is even more complicated from the usual point of view. Industrial safety issues there are formally assigned to the European Commission - a supranational executive body of the European Union, separated from the governments of the member states. Since all decisions of the European Commission are only advisory in nature, and all controversial issues are settled at the level of national governments, on the one hand, and since there are objective requirements to regulate the daily life of a single economic space, on the other hand, practical aspects of industrial safety in the European Union constitute the prerogative of international non-profit organizations (Association internationale sans but lucratif - Aisbl) - European Conference of Supervisory Bodies (Colloque Europeen d'O rganismes de Controle International (CEOC International), which unites 29 independent control and certification bodies from 22 countries.
These control and certification organizations are accredited by the state authorities of the EU member states to carry out certification and control and supervisory activities in relation to hazardous production equipment (lifting equipment, pressure equipment, electricity and heat supply systems, nuclear power facilities), as well as buildings and structures, vehicles, conventional production equipment, medical equipment, consumer goods and children's toys a.
The relevant technical committees of the European Conference of Control and Supervisory Authorities (CEOC International Technical Committees) have the authority of technical expertise bodies in relation to pan-European regulatory acts governing industrial safety and standardization.
The activities of authorized control and certification organizations of the European Conference are reduced to the implementation of two main functions - regulatory (on a compulsory basis) and certification (on a voluntary basis). The first of them has a state-governmental nature and is associated primarily with the protection of human life and health, as well as saving the environment through minimizing anthropogenic risks and adjusting the current socio-economic model, the second is focused on serving the needs of the economy and is aimed at satisfying image and technical and economic interests of market entities.
In the activities of the European Conference, the commercial component associated with the second (certification) function is very strong. The annual volume of services in the world market of independent examination, certification and control tests (Testing, Inspection & Certification, TIC) is estimated at 100 billion euros, the market participants are about 2 thousand control and certification organizations with a total number of employees of about 600 thousand people. The vacant share of the world market (addressable market) is estimated at more than 70 billion euros. The rest of almost 30 billion euros falls on the 15 largest transnational control and certification organizations, of which 11 have European roots (SGS-Group, Bureau Veritas, DNV-GL Group, DEKRA, etc.).
In addition to solving current issues, the European Conference of Control and Supervisory Authorities plays a significant role in determining the main directions of science, technology and innovation policies of the European Union states in the short and medium term. Since this year, the European Conference is the official partner of the European Technological Platform on Industrial Safety (European Technology Platform on Industrial Safety - ETPIS) - an intergovernmental self-regulating network of advanced scientific organizations, industry leaders of production, as well as reputable non-profit organizations by platform profile. The platform involves 750 organizations from all EU countries. The platform is one of the elements of the VIII framework program of the European Union in the field of research and development for the period from 2014 to 2020 year, dubbed Horizon 2020 (Horizon 2020) and designed to prioritize science, technology and innovation policy capable of responding to challenges of modernity.
THERE IS WHAT TO LEARN
Western experience in ensuring industrial safety can become not just a subject of abstract interest (“what do they have there?”), But also be in demand under severe resource constraints (financial, time, human, etc.) for the domestic system of state technical supervision in terms of further development of the mechanism of public-private partnership and its extension to areas that until recently were considered to be the exclusive subject of state jurisdiction.
At the same time, the transfer of control and supervisory functions of the state to business and professional self-regulatory organizations is effective only in the case of a mature civil society, in which ethical restrictions affect the behavior of subjects of economic activity - both individual entrepreneurs and legal entities - not weaker than the legislative, administrative, or and criminal.
At the present stage, the level of development of Russian society is lagging behind the level of development of the state, and therefore the latter is forced to educate the first: recognizing in principle its legal capacity, limit, for the time being and to a certain extent, capacity.
In particular, the recently adopted Federal Law of the Russian Federation of 13 July 2015 No. 224-ФЗ “On Public-Private Partnership, Municipal-Private Partnership in the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation” extends its effect only to transport, energy and telecommunications infrastructure, healthcare and education facilities, as well as individual utilities. The rationing of the activities of market entities in the field of industrial safety is not yet subject to the regulatory action of this law. And the matter here is not so much in the state as in a society that has yet to prove its maturity in the sphere of economic relations under discussion.