What is the Health and safety at work Act 1974
What is work negligence?
Irresponsible, disregard for their work duties, neglect of work discipline - this is what a negligent attitude to work means. However, the point is not only that the employee violates the instructions of the superiors or the provisions of the employment contract. The scary thing is that negligence often leads to disasters and deaths.
Despite the fact that some provisions in orders, instructions, and a list of job responsibilities may seem far-fetched and unnecessary, many of them are literally written in blood . In any case, non-fulfillment may at least be fraught with disruption of the production plan, causing material damage and harm to the health of other employees or customers.
The act of negligence towards work is especially negative when it comes to medical institutions or hazardous industries.
The most serious consequences of negligence can be :
- patient death;
- industrial accident;
That is why negligence in work for representatives of a number of professions is a criminal offense. Such cases should be recorded by a special form of control and informing the management - a memo.
Which article punishes negligence
There is a certain ambiguity in understanding what negligence is and what punishment is provided for it. The fact is that in the everyday sense, any violation of labor discipline, about which a memo was drawn up, is considered a manifestation of negligence.
However, when classifying acts committed in connection with the performance of labor duties, the management of organizations and competent authorities rely not on everyday understanding of violations, but on official legislative documents:
- Labor Code of the Russian Federation;
- The Criminal Code of the Russian Federation.
At the same time, an article for negligence in working in the Labor Code of the Russian Federation is not provided. There is no terminological definition of negligence in it. You can find it only in the Criminal Code of the Russian Federation, namely in Article 293 of the Criminal Code.
In this document, negligence is defined as the failure of an official (or improper performance) of his job duties. For bad faith, negligence, entailing a violation of the constitutional rights of citizens or legal entities, criminal prosecution is provided with the appointment of a criminalknowledge corresponding to the degree of the crime committed.
For harm caused to people, or damage caused to an enterprise (organization), the culprit will have to be punished. When determining the measure of responsibility, the following consequences of the committed act are taken into account:
- whether people died (minor crime);
- how many people died due to negligence (medium severity of the crime);
- whether signs of murder have been identified (moderate severity of the crime).
If a crime of minor gravity is revealed, then the punishment for negligence in official duties will be limited to a fine. In the event of the death of one person, the perpetrator may be sent to a prison or colony-settlement for a period of five years. If the court reveals signs of murder or a group accident occurs, then the term can be up to seven years in prison. Sometimes it is replaced by five years of forced labor.
Criminal prosecution for negligent attitude to official duties threatens those workers whose profession is directly related to the rights of citizens, the preservation of their health and inviolability. Negligence is not allowed for the following categories:
- medical professionals performing diagnostic procedures and prescribing treatment (drugs, procedures);
- employees of the Ministry of Internal Affairs, obliged to protect property, life and health of citizens from criminals;
- social workers providing food and medicine for disabled or low-mobility single citizens;
- heads of industries that are harmful to public health or life-threatening industries, as well as representatives of regulatory authorities who are obliged to monitor discipline at supervised facilities.
The medical staff is in the lead among this list. The consequences of the negligence of doctors and nurses are the death or disability of adults and children. However, no less serious can be the consequences of inaction of representatives of law enforcement agencies, whose duty is not only to investigate the crimes committed, but also to prevent them.
As for the last two categories, both the management of hazardous enterprises and the bodies that control their activities are obliged to prevent critical situations at the facilities entrusted to them. A negligent attitude towards official duties can lead to adverse or catastrophic consequences, death of people and great material damage.
It is clear that the management of hazardous industries is responsible for how ordinary workers relate to the performance of their job duties. That is why not a single memo from a middle manager should be ignored. Situations can be different. For example, the responsible employee did not comply with the schedule for bypassing the object entrusted to him, which led to the death of a person due to the leakage of a poisonous substance and its spontaneous combustion.
A memo written in relation to a negligent employee may be grounds for dismissal. Despite the fact that there is no definition of negligence in the Labor Code of the Russian Federation, you can find an appropriate provision and dismiss the offender on the basis of the report and Article 81. It provides for the termination of the employment contract at the initiative of the employer.
Among the grounds for termination of labor relations, the employee's repeated failure to fulfill his labor duties without a valid reason is indicated, if this is evidenced by previously received disciplinary sanctions or one such sanction.
If a memorandum on negligence in work was drawn up at least once, the manager can dismiss the violator without any fear of verification by the Labor Inspectorate.
There is one more reason for dismissal: a single gross violation of labor duties. In practice, however, it applies to middle and senior managers, rather than rank-and-file workers. Dismissal for neglect of official duties on the basis of a one-time memorandum threatens, for example, a chief accountant or chief engineer.
How the expression happened
The history of the origin of the word negligence is interesting. It was first used in the middle of the 19th century in an ironic sense, and the source of the new concept was fiction.
What did the negligence mean? The origin of the expression is associated with Gogol's novel Dead Souls. The writer ironically mentions the father of the family, Kif Mokievich, whose life passed in a negligent manner. The hero neglected his responsibilities as head of the family, preferring them to speculation and empty philosophizing.
In the noble environment, the dressing gown was associated with lordly laziness, optional. This garment was only worn in a casual home environment. It was dishonesty, negligence, negligence and carelessness that eventually became known as negligence.