Certification of workplaces has been replaced by a special assessment of working conditions. Federal Law on attestation of workplaces Labor Code attestation of workplaces

(ARM, - ed.). Unlike the AWS, which described the actual values of the state of working conditions, the new procedure represents a comprehensive scope of work to assess working conditions at workplaces, which addresses issues of labor protection, social security of workers, planning the organization's expenses for measures to improve the created conditions.

At workplaces where HAEFs have been identified, studies and measurements are carried out, which determine the level of exposure to the worker and establish the class of working conditions.

As was the case with ARM. Studies of all workplaces without exception were carried out in three stages: assessment of the compliance of working conditions with hygienic standards, assessment of injury risk and availability of personal protective equipment (PPE, - ed.). Based on the identified indicators, a class of working conditions was established and prepared. With SOUT, an assessment is carried out according to hygienic standards and the effectiveness of the PPE used (if the means are effective, then the possibility of reducing the class or subclass of working conditions is provided), but the injury hazard was excluded for a number of reasons. Find out more.

The timing of the unscheduled special assessment has changed. When introducing a new workplace, new equipment and devices for work, in case of accidents or at the request of a trade union organization, an unscheduled SOUT must be carried out within six months from the date of occurrence of these circumstances. Unscheduled certification took place within 1 year.

All results of the special assessment will be sent to the Federal State System for Accounting for the Results of the SAUT. Responsible for transmitting information. The employer, in turn, will be obliged to post on the official website of his company a summary of the results of the special assessment and a list of measures to improve working conditions.

A separate article in the special assessment was drawn up requirements for the examination of quality. A noticeable change - previously it was carried out free of charge, regardless of whether the employer, employee or trade union committee applied for the service, now:

Quote:‘the examination of the quality of the SUT is carried out on a paid basis at the expense of the applicant’

This condition in some way restricts the rights of employees, since not everyone will like to defend their rights through the payment of state duty.

Despite the fact that the SOUT is now the only procedure for assessing working conditions, the results of certification of organizations that have not expired a five-year period will also be valid under the SOUT, but no later than December 31, 2018. It is this “transitional five-year period” that will show the results of the adaptation of employers and organizations according to the SOUT to the new requirements

From January 1, 2014, employers are required to conduct a special assessment of working conditions (Federal Law of December 28, 2013 No. 426-FZ ""; hereinafter - Law No. 426-FZ). This procedure was introduced instead of workplace certification and largely repeats it.

On December 31, 2018, the period ended when employers could gradually conduct a special assessment of working conditions in relation to workplaces where potentially harmful and (or) hazardous production factors are identified. We are talking about the so-called safe, "unlisted" jobs, that is, not listed in. In fact, jobs belong to this category. In addition, only until this date could the results of the previously conducted certification of workplaces be valid (letter of the Ministry of Labor of Russia dated June 1, 2018 No. 15-4 / 10 / B-4010 "").

Thus, the period during which it was necessary to make the SOUT has already expired for employers. From January 1, those who have not fulfilled this obligation may be held liable for. We note at the same time that liability for this part does not depend on the number of employees whose labor rights were violated ().

Can a special assessment of working conditions at a vacant workplace be carried out? Find out the answer in "Encyclopedias of solutions. Labor relations, personnel" Internet version of the GARANT system. Get free access for 3 days!

Nevertheless, firstly, those who are late should carry out a special assessment as soon as possible - in particular, the Ministry of Labor of Russia should implement a violation prevention mechanism for small businesses and individual entrepreneurs, under which the employer will first be sent a warning about the inadmissibility of violating labor protection requirements, and only in case of non-compliance - will be fined.

In addition, a special assessment can be carried out for the first time by those who have just created new jobs. It takes a year from the moment of their formation. That is, if the workplace was created in December 2018, then the completion date for the SOUT is December 2019.

For both categories of employers, our instructions will be very useful. During the special assessment, they need to take into account a number of features in order to avoid administrative liability for violating the established procedure for conducting a special assessment for the same.

Let's consider the procedure for this procedure in more detail.

Step 1. Issue an order to form a commission for a special assessment of working conditions

Having decided to conduct a special assessment of working conditions, the head of the organization must issue an appropriate order, defining in it the composition of the commission for conducting such a special assessment, including the head, as well as the procedure for its activities. At the same time, the number of members of the commission must be odd, and a labor protection specialist () must be included in its composition. The head of the commission, as a rule, is the general director ().

Step 2. Approve the list of jobs for a special assessment

The list of jobs for which a special assessment should be carried out, including similar ones, is determined by the commission created by the employer ().

A special assessment in the presence of similar jobs is carried out only in relation to 20% of their total number, but in any case there should be more than two (). The results of the special assessment are applied to all similar jobs.

OUR REFERENCE

Similar workplaces are workplaces that are located in one or more similar industrial premises equipped with the same or similar ventilation, air conditioning, heating and lighting systems, where employees work in the same profession, position, specialty, perform the same labor functions. in the same mode of working hours while maintaining the same type of technological process using the same production equipment, tools, fixtures, materials and raw materials and are provided with the same personal protective equipment ().

Step 3. Issue an order approving the schedule for a special assessment of working conditions

Simultaneously with determining the list of jobs for which a special assessment of working conditions should be carried out, the commission draws up a schedule for the special assessment. It must be approved by the relevant order of the head of the organization.

When drawing up this schedule, consider the following.

As a general rule, a special assessment is carried out for each workplace, including office space, at least once every five years ().

If the employer did not previously conduct a special assessment of working conditions, it had to be carried out no later than December 31, 2018 (). At the same time, the law allowed this to be done in stages.

Exceptions are jobs:

those employees whose profession, position or specialty gives them;
work on which gives the right to guarantees and compensation for work;
where, based on the results of previous certification of workplaces for working conditions or a special assessment of working conditions, harmful and / or dangerous working conditions were established ().

A special assessment of these jobs had to be carried out as a matter of priority, without dividing into stages (). For failure to fulfill this obligation, the employer faces administrative liability, including a fine of up to 10 thousand rubles - for officials and individual entrepreneurs, up to 80 thousand rubles. - for legal entities ().

If, before December 31, 2013, the employer carried out certification of workplaces in terms of working conditions, a special assessment in relation to these workplaces can not be carried out within five years from the date of completion of the certification ().

In addition, in addition to the planned special assessment of jobs, the employer is obliged to conduct an unscheduled one - for example, when commissioning newly organized jobs, changing the technological process, receiving an appropriate order from the GIT, etc. (). The period during which an unscheduled special assessment of working conditions must be carried out is from 6 to 12 months, depending on the basis for its conduct ().

Step 4. Conclude an agreement with a specialized organization for a special assessment of working conditions

In order to conduct a special assessment of working conditions, the employer must conclude an appropriate agreement with the selected specialized organization (,). The register of accredited organizations can be found on the website of the Russian Ministry of Labor (http://akot.rosmintrud.ru/).

Step 5. Transfer the necessary information, documents and information to the organization conducting a special assessment of working conditions

As soon as an agreement with a specialized organization is concluded, the employer is obliged to provide it with information, documents and information characterizing the working conditions at the workplace (for example, technological documentation, building construction projects, etc.).

Step 6. Approve the results of identification of potentially harmful and / or hazardous production factors

When conducting a special assessment of working conditions, a specialized organization identifies potentially harmful and / or dangerous production factors. The results of this identification, upon its completion, are approved by the commission created by the employer ().

Then the organization proceeds to measure the actual values of harmful and / or dangerous factors, if any have been identified (). According to the results of the study, an expert of a specialized organization classifies working conditions in the workplace according to the degree of harmfulness and / or danger into optimal, permissible, harmful and dangerous ( , ).

Step 7. Approve the report on the special assessment of working conditions

Based on the results of the special assessment, the organization draws up a report, which must be signed by all members of the commission created by the employer and approved by its chairman (). A member of the commission who does not agree with the results of a special assessment of working conditions may state his reasoned opinion in writing and attach it to the report.

Step 8. Notify the specialized organization about the approval of the report on the special assessment of working conditions

Within three working days from the date of approval of the report on the special assessment of working conditions, the employer is obliged to notify the specialized organization about this, as well as send a copy of the approved report (). This can be done in any available way that provides an opportunity to confirm the fact of such notification.

Step 9. Submit a declaration of compliance of working conditions with state regulatory requirements for labor protection

If the presence of harmful and / or dangerous production factors, according to the results of identification, was not revealed, or if, according to the results of measurements, the working conditions at the workplace are recognized as optimal or acceptable, the employer must notify the labor inspectorate at the location of the organization (). To do this, it is necessary that working conditions comply with state regulatory requirements for labor protection (approved). The employer must submit this declaration within 30 working days from the date of approval of the report on the special assessment (approved by Order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n).

It should be noted that before May 1, 2016, the employer indicated in the declaration only information about the absence of harmful and / or dangerous production factors. In this regard, if, according to the results of measurements taken before May 1, 2016, the working conditions for other jobs were found to be optimal or acceptable, the employer must submit an updated declaration to the labor inspectorate with the inclusion of these jobs ().

Step 10. Familiarize employees with the report on the special assessment of working conditions

No later than 30 calendar days from the date of approval of the report on the special assessment, the employer must, against signature, familiarize the employees with the results of the special assessment (). The specified period does not include periods of temporary disability of the employee, being on vacation or business trip, periods of rest between shifts.

Step 11. Place the results of the special assessment on the organization's website

Within 30 calendar days after the approval of the report on the special assessment of working conditions, the employer should post summary data on the results of the special assessment on its official website - if available ().

The information posted on the website must contain information about:

on the establishment of classes (subclasses) of working conditions at workplaces;
on the list of measures to improve the working conditions and labor protection of employees at whose workplaces a special assessment of working conditions was carried out.

To do this, you need to reflect the relevant data in (approved by order of the FSS of Russia dated September 26, 2016 No. 381).

Step 13. Apply the results of a special assessment of working conditions

The results of the conducted special assessment affect the establishment of guarantees and compensations to employees. Thus, employees whose working conditions at their workplaces are recognized as harmful, depending on the degree of harmfulness, are entitled to a reduced working week of no more than 36 hours, additional leave of at least seven calendar days and / or compensation in the amount of 4% of the salary (,).

In addition, a clause on working conditions at the relevant workplace must be included in the employment contract with new employees (). And contracts with already working employees should be amended by concluding an appropriate additional agreement with them ().

A special assessment of working conditions is a set of measures to detect potentially harmful or dangerous factors in the working environment and the labor process, as well as to assess the level of their impact on employees. The special assessment replaced the previously valid workplace certification.

Ensuring safe working conditions for an employee is one of the main duties of the employer, and it is provided for in article 212 of the Labor Code of the Russian Federation. The rates of insurance premiums for employees depend on the category to which jobs are assigned based on the results of a special assessment. The higher the risk of occupational diseases or injuries at work, the more the employer will have to pay.

Additionally, according to the results of the special assessment:

employees are provided, if necessary, with overalls and means of individual and collective protection;
free therapeutic and preventive nutrition of employees is provided;
preliminary and periodic medical examinations are carried out;
additional guarantees and compensations are introduced for workers employed in dangerous and harmful working conditions.

Legislation governing the special assessment of working conditions

In addition to Article 212 of the Labor Code of the Russian Federation, which specifies the obligation of employers to conduct a special assessment, the federal law of December 28, 2013 No. 426-FZ “On a special assessment of working conditions” is in force. The assessment methodology itself was approved by order of the Ministry of Labor dated January 24, 2014 No. 33n.

There are also many additional legal acts:

intersectoral and sectoral labor protection rules;
state sanitary and epidemiological rules and regulations;
labor safety standards;
standard instructions on labor protection for certain types of activities (for example, electricians, gas-electric welders, milling operators, etc.)

Responsibility for failure to conduct or violation of the conditions of the special assessment may be administrative under Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation (fine for individual entrepreneurs from 5 to 10 thousand rubles, for organizations from 60 to 80 thousand rubles) and criminal under Art. 143 of the Criminal Code of the Russian Federation (if this entailed the infliction of grievous bodily harm or death of the employee).

What jobs should be assessed?

A special assessment of working conditions does not need to be carried out only in relation to homeworkers and teleworkers, all other workplaces should be assessed for their safety and compliance with labor protection standards. Compared to the attestation of workplaces, which was in effect until January 1, 2014, special assessment is a more global and large-scale phenomenon, and affects all employers, regardless of the legal form and number of employees.

It is also necessary to assess the working conditions of workers who have a traveling nature of work (drivers, couriers, sales representatives, agents, etc.) or do not have a fixed workplace (security guards). You will have to make sure that working conditions are safe even for the director, whose workplace is located at the home address, if the LLC is registered at this address. But an individual entrepreneur in relation to himself should not conduct a special assessment.

Please note: if your employees provide services, then a special assessment of the working conditions of their workplaces is not carried out, because. in fact, they are not workers, but only executors. Labor law does not apply to them.

The cost of assessing one workplace by a specialized organization starts from 1,500 rubles, therefore, the more jobs created, the more expensive it will cost the employer. True, there is an opportunity to save on the services of appraisers if several jobs are recognized as similar.

It means that:

workplaces are located in the same type of industrial premises;
the premises are equipped with the same systems of ventilation, air conditioning, heating, lighting;
employees work in the same profession, position, specialty;
labor functions, working hours, technological process are of the same type;
the same equipment, tools, raw materials and materials are used in the work;
employees are provided with the same personal protective equipment.

For such jobs, it is enough to estimate only 20% of their number, but not less than two.

Commission for conducting a special assessment of jobs

The employer must organize a special assessment of working conditions, as well as bear the financial costs of it. The special assessment itself is carried out by independent accredited organizations, but before inviting appraisers, the employer must create its own commission. The number of members of the commission should be odd, and it should include representatives of the employer, including a labor protection specialist, and an elected trade union organization or other representative body of employees (if they are created).

The Commission draws up a list of jobs to be assessed; approves the schedule for its implementation; prepares workplaces for a special assessment (checks the operation of equipment and tools, heating, air conditioning, ventilation and lighting systems).

It is not very clear how to create a commission for individual entrepreneurs with one or two employees, or in the case of an LLC, in which the director is the only founder and employee. There is still no wide practice of conducting a special assessment for such small structures, but at the end of 2014 legislative initiatives were submitted to abolish its obligation for. These initiatives did not pass, but the very fact of their appearance suggests that the law on special assessment has not been fully developed and will cause difficulties in its implementation in practice.

Who conducts a special assessment of working conditions?

The special assessment is carried out under an agreement with the employer by independent organizations that have at least five certified experts on staff (at the same time, at least one expert must have a specialized higher medical education) and an accredited testing laboratory.

The Ministry of Labor maintains state registers of experts and organizations that have the right to assess working conditions, so you need to contact only those appraisers whose contacts are on the official website of the Ministry of Labor.

For violation of the procedure for a special assessment of working conditions, not only employers, but also appraisers bear quite serious administrative responsibility (according to Article 14.54 of the Code of Administrative Offenses of the Russian Federation):

officials - from 20 to 30 thousand rubles, in case of repeated violation from 40 to 50 thousand rubles;
for organizations - from 70 to 100 thousand rubles, in case of repeated violation from 100 to 200 thousand rubles.

How is a special assessment of working conditions carried out?

Experts of an independent organization conducting a special assessment determine the presence of potentially harmful or hazardous production factors in the workplace:

physical (noise, electromagnetic fields, ultrasound, radiation, vibration, temperature, illumination);
biological (bacteria, spores of microorganisms);
chemical (substances in the air of the working area and settling on the skin of workers);
sensory (nervous) tension of the labor process;

If such factors are identified, then their actual values are measured, as a result of which classes of working conditions (optimal, permissible, harmful and dangerous) and their subclasses are established. The amount of additional insurance contributions to the Pension Fund of the Russian Federation will be from 0% for the optimal class and up to 8% for the dangerous one.

Based on the results of the special assessment, experts prepare a report, which must be approved by the employer's commission. The report must be familiarized with the report within 30 days against the signature of the employees, and if the employer has an official website, then it must also be published on the website for free review. The expert organization submits the report to the labor inspectorate. If, according to the results of the special assessment, no harmful or dangerous production factors were identified, then such workplaces are recognized as safe, and for them the employer also submits a declaration of compliance of working conditions with regulatory requirements within 30 days (regardless of the report submitted by the experts).

The declaration is submitted in the form and in the manner approved by the order of the Ministry of Labor dated February 7, 2014 No. 80n. It is valid for five years, but if during this period an accident occurred at a workplace recognized as safe or an occupational disease was detected in an employee, then an unscheduled special assessment will have to be carried out.

When to conduct a special assessment of working conditions

The results of the special assessment, as well as the previous certification of workplaces, are valid for five years. If the employer has already carried out certification of workplaces before the end of 2013, then until its validity period has expired, you can not conduct a special assessment of these places. At the same time, for new jobs, in addition to certified ones, this will need to be done within six months.

If the employer has not carried out certification of workplaces, then the special assessment can be carried out in stages, most importantly, complete it no later than December 31, 2018 (Article 27 (6) of the Law of December 28, 2013 N 426-FZ). True, it can be delayed so long only for those jobs that are not “harmful” (not included in the lists No. 1 and No. 2 with early retirement and do not imply guarantees and compensation for work with harmful and dangerous conditions).

Assessment of workplaces

In accordance with Article 212 of the Labor Code of the Russian Federation " Responsibilities for ensuring safe working conditions and labor protection are assigned to the employer. The employer is obliged to ensure that workplaces are attested in terms of working conditions, followed by certification of the organization of work on labor protection.

Certification of workplaces (AWP) for working conditions- labor involves an assessment of working conditions at workplaces in order to identify harmful and (or) dangerous production factors and take measures to bring working conditions in line with state regulatory requirements for labor protection.

Assessment of workplaces according to working conditions, it includes a hygienic assessment of working conditions, an assessment of injury prevention and the provision of workers with personal protective equipment (hereinafter referred to as PPE) (paragraph 2 of the order of the Ministry of Health and Social Development No. 569 dated August 31, 2007).

The combination of factors of the working environment and the labor process that affect the performance and health of an employee (Article 209 of the Labor Code of the Russian Federation) is called working conditions.

Factors of the working environment: physical, chemical, biological.

Factors of the labor process: the severity and intensity of labor, injury safety.

Harmful factor of the working environment- a factor of the environment and the labor process, the impact of which on an employee can cause an occupational disease or other health disorder, damage to the health of offspring.

Hazardous working environment- a factor of the environment and the labor process, which can be the cause of an acute illness or a sudden sharp deterioration in health, death. Depending on the quantitative characteristics and duration of action, certain harmful factors of the working environment can become dangerous.

The main factors of the labor process

To the main factors of the labor process, i.e. factors constantly present at any workplace include the severity and (or) intensity of work, as well as injury prevention. Of the production or environmental factors at the workplace, there will be: the illumination of the workplace (working surface), usually indoors, and the microclimate parameters both indoors and outdoors.

The main documents on the basis of which certification of workplaces is carried out

1 Decree of the Russian Federation of 20.11.2008 No. 870 "On the establishment of reduced working hours, annually additional paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions."

2 Order of the Ministry of Health and Social Development dated August 31, 2007 No. 569 "On Approval of the Procedure for workplace attestation according to working conditions".

3 R 2.2.1766-03 Guidelines for the assessment of occupational health risks for workers. Organizational and methodological foundations, principles and evaluation criteria.

4 P 2.2.2006-05 Guidelines for the hygienic assessment of factors in the working environment and the labor process.

5 Guidelines. Safety assessment of workplaces for the purposes of their attestations according to working conditions.

Other documents used to measure and evaluate production factors, safety and security of PPE and overalls: POT, GOST, SanPiN, SP, RD, SN, TI, TON, etc.

What are the consequences of conducting or not conducting AWP?

Conducted ARM. If, as a result of the AWP for UT, workplaces with harmful and dangerous conditions were identified, then the employer must take measures to improve working conditions at these workplaces. Why is an action plan being developed to improve working conditions.

For the employer, the certification of workplaces has several positive aspects:

The possibility of reducing the cost of payments and the issuance of milk.

Guarantees in the event of claims from employees.

Not holding workplace attestation threatens with fines established by the Code of Administrative Offenses. An official is fined from 1 to 5 thousand rubles, a legal person - from 30 to 50 thousand. It should be noted here that it is not so much the amount of the fine that is important, but part 2 of article 5.27 of the same code, which says that if you are for the first time violated labor laws, then you will be fined, but if during the year you are caught again on the same one, then the inspector must send the materials to the court. And already in court the question of disqualification of the head for a period of one to three years will be raised.

Certification organizations.

An organization involved in the certification of workplaces in terms of working conditions must have the following package of documents:

1) a valid certificate of accreditation of a measuring, testing or analytical laboratory in the field of accreditation of which the types of measurements and assessments for which the laboratory is accredited are prescribed (issued by the accrediting body for a period of not more than 5 years). There can be several systems in which a laboratory is accredited (GOST R; SSOT; GSEN; SAAL);

2) not expired certificates, certificates, certificates of training and confirming the knowledge of the laboratory staff to measure the factors of the working environment and the labor process in specialized institutions.

Equally important when choosing an organization for attestation of workplaces is the experience in conducting attestation of workplaces in the area (industry) to which the organization being certified belongs.

In addition, I would like to note that when conducting an automated workplace for UT by a specialized organization involved for this purpose, the number of specialists who measure and evaluate harmful and dangerous production factors, as well as safety and security of PPE cannot be carried out by one person. As a rule, the group includes at least three people.

2. Agreement with the certifying organization.

Non-stationary or non-permanent jobs

Certification of non-stationary workplaces, that is, places with territorially changing working areas, where the working area is considered to be a part of the workplace equipped with the necessary means of production, in which one or more workers perform a work or operation of a similar nature (plumbers, electricians, construction workers). workers, etc.), is carried out by preliminary determination of typical technological operations with a relatively stable set and magnitude of harmful and (or) hazardous production factors and subsequent evaluation of these operations. The execution time of each operation is determined by an expert (based on local regulations) clause 14 of order No. 569.

Non-permanent work place A place where a worker spends a smaller part (less than 50% or less than 2 hours continuously) of his working time.

What are the factors to be assessed in the workplace and how to determine them?

In accordance with paragraph 15 of Order No. 569, when attesting workplaces for working conditions, all harmful and (or) dangerous production factors (physical, chemical and biological factors), severity and (or) tension at the workplace are subject to assessment.

Compiles a complete list of workplaces of the organization in accordance with Appendix No. 1 to the Procedure, with the allocation of similar workplaces and an indication of the estimated working conditions, based on the characteristics of the technological process, the composition of production equipment, the raw materials and materials used, the results of previous measurements of indicators of harmful and (or) hazardous production factors, complaints of employees about working conditions (paragraph 11, subparagraph 3 of the Order of the Ministry of Health and Social Development No. 569 of August 31, 2007)

All harmful and dangerous factors characteristic of the workplace, regulated by sanitary norms and rules, hygienic standards, as well as the severity and intensity of work, are subject to control. To compile a list of factors to be measured and evaluated, technical, organizational and administrative documentation, certificates of conformity for raw materials, materials, equipment, etc. are used. (R 2.2.2006-05 "Guidelines for the hygienic assessment of factors of the working environment and the labor process. Criteria and classification of working conditions", Appendix 6, paragraph 6.4).

Application of the results of certification of workplaces in terms of working conditions.

The results of certification of workplaces in terms of working conditions, carried out in accordance with the Procedure, are used for the purposes of:

1) monitoring the state of working conditions at the workplace and the correct provision of employees with certified personal and collective protective equipment;

2) assessment of occupational risk as the probability of damage (loss) to the health or death of an employee related to the performance of his duties under an employment contract and in other cases established by law, control and management of occupational risk, which involve the analysis and assessment of the health status of an employee in a causal connection with working conditions, informing the subjects of labor law about the risk, monitoring the dynamics of risk indicators, as well as taking measures to reduce the likelihood of damage to the health of workers;

3) providing employees hired with reliable information about working conditions at the workplace, about the existing risk of damage to health, about measures to protect against exposure to harmful and (or) hazardous production factors and relying on employees engaged in hard work and work with hazardous and (or) dangerous working conditions, guarantees and compensations;

4) provision of free certified special clothing, special footwear and other PPE, as well as flushing and neutralizing agents in accordance with established standards, to employees engaged in work with harmful working conditions, in work performed in special temperature conditions or associated with pollution;

5) preparation of statistical reporting on working conditions;

6) subsequent confirmation of the compliance of the organization of work on labor protection with state regulatory requirements for labor protection;

7) preparation of contingents and a list of names of persons subject to mandatory preliminary (upon employment) and periodic (during employment) medical examinations (examinations) of employees, as well as extraordinary medical examinations (examinations);

8) calculation of discounts and premiums to the insurance rate in the system of compulsory social insurance of employees against industrial accidents and occupational diseases;

9) resolving the issue of the connection of the disease with the profession in case of suspicion of an occupational disease, the diagnosis of an occupational disease;

10) substantiation of decisions taken in accordance with the established procedure on the application of administrative punishment in the form of an administrative suspension of the activities of organizations, their branches, representative offices, structural divisions, production equipment, sites;

11) considering the issue of suspending the operation of buildings or structures, machinery and equipment, the implementation of certain types of activities (works), the provision of services due to a direct threat to the life or health of employees;

12) consideration of issues and disagreements related to the provision of safe working conditions for employees and the investigation of industrial accidents and occupational diseases that have occurred to them;

13) taking measures for proper sanitary and preventive maintenance of the employees of the organization;

14) substantiation of labor restrictions for certain categories of workers;

15) inclusion in the employment contract of the characteristics of working conditions and compensation to employees for work in difficult, harmful and (or) dangerous working conditions;

16) substantiation of planning and financing of measures to improve working conditions and labor protection in organizations, including at the expense of funds for compulsory social insurance against industrial accidents and occupational diseases;

17) creation of a data bank of existing working conditions at the level of an organization, municipality, executive authority of a constituent entity of the Russian Federation and at the federal level;

18) carrying out measures for the implementation by the federal executive body authorized to conduct state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms;

19) the application of liability measures provided for by law to persons guilty of violations of labor protection legislation.

After certification of workplaces in terms of working conditions ( paragraph 46 of the Order of the Ministry of Health and Social Development No. 569 dated August 31, 2007) the employer sends: a list of jobs (Appendix N 1), statements of jobs of the organization's divisions and the results of their certification in terms of working conditions (Appendix N 6) and a summary statement of the workplaces of the organization and the results of their certification on working conditions (Appendix N 7), including information in accordance with Appendix N 10 to this Procedure, to the State Labor Inspectorate in Moscow at the address: 115582, Moscow, st. Domodedovskaya, 24, bldg. 3, central box, 7th floor, office No. 9

Places on working conditions, taking into account the innovations adopted in 2015, received some major changes. The employer must familiarize himself with all the provisions that are mandatory for a special assessment of jobs.

This is how the set of measures began to be called, which sums up the analysis of the working conditions of the personnel.

New in the certification of workplaces for working conditions in 2020

The purpose of the current procedure is to evaluate the existing ones.

You can deal with the innovations that relate to the conduct of a comprehensive analysis after reading the Federal Law No. 426-ФЗ “On the Special Assessment of Working Conditions”.

The main changes concern:

Change methods. It requires a clear definition of performers and rules for assessing biological factors.
Administrative responsibility for untimely implementation of the procedure.

During 2015, at the legislative level, the issue of canceling a set of assessment activities for certain categories of small and medium-sized businesses was resolved. This provision did not find support from legislators, and in 2020 it will need to be carried out.

The exception will be companies that have operating results after holding the company until 2014.

By whom and when is certification carried out

A special commission is being created to conduct a comprehensive analysis of places of work.

The composition is formed from the following category of specialists:

Specialist of the enterprise engaged in the field of labor protection.
Representative of the employer, competent in topical issues of production.
Representatives of the trade union organization of the enterprise.
An authorized person of the certifying organization.

The involvement of a representative of the certifying company is a mandatory norm. Even if hazards and hazards that can be recorded on your own are identified, the results cannot be recognized as legal.

The attesting company undergoes mandatory accreditation, which confirms the possession of methods for performing the procedure in the prescribed manner.

Evaluation of workplaces has not changed and is 5 years. The previous companies are dated 2009 and 2014.

However, when creating new jobs, the law establishes a period of 60 working days from the date of commencement of operation until the moment of a special analysis of this place.

In the event of improvements in working conditions at the workplace, the employer may conduct an extraordinary company to assess the place of work. According to the modified procedure, even if there are recognized results of the workplace assessment, if there is labor, a second procedure will be required.

Find out what a special assessment of working conditions is from the video.

The procedure for certification of workplaces in 2020, paperwork

To carry out control actions as part of a comprehensive assessment of jobs, it will be necessary to carry out some organizational measures:

Create a commission for certification.
The document defines the composition of the governing board.
Schedule of the event.
Deadlines for the implementation of actions are set on the basis of a separate document signed by the head.
Agreement with the certification organization.
When concluding a contract, the main rule determines the independence of the employer and the invited organization.

A comprehensive examination of the place of work provides for an objective assessment of the state of working conditions. The employer provides all the primary documentation, provides unhindered access to each production site.

The established procedure for certification provides for successive stages of the procedure:

Jobs subject to a comprehensive assessment are determined, including on the basis of List No. 1 and List No. 2.
Active dangerous or harmful factors are highlighted.
Their quantitative or qualitative assessment, assessment of compliance with established standards is carried out.
The analysis of auxiliary factors is carried out - the provision of overalls and protective equipment for workers.
A final document is drawn up, which allows you to draw a conclusion about the working conditions, and, if necessary, determine the types of compensation or benefits.

The results of a comprehensive assessment for individual places are determined on the basis of the final document, which takes into account:

- initial documents for the start of a set of activities;
- list of jobs for research;

objective information about the certifying organization;
comprehensive assessment card for each workplace;
consolidated documents for all workplaces, including a table by hazard classes, assigned types of compensation;
the final document of the meeting of the attestation commission, indicating the comments and suggestions on the results of the completed work;
an approved action plan to improve working conditions for individual workplaces;
conclusion based on the state expertise of the comprehensive assessment.

The results of the activities carried out are obligatory for the tenant to fulfill any form of ownership in a timely manner.

Penalties for not being certified

Amendments to the Administrative Code provide for two types of liability for non-compliance with the established Law on a comprehensive assessment of working conditions.

Untimely scheduled (or extraordinary) certification is punished, which provides for a fine of up to 30 thousand rubles, or the suspension of the company's activities for a period of 1 to 3 months.

In addition, punishment is provided for incorrectly conducted certification, where an official will be punished in the amount of 5 to 10 thousand rubles, and a legal entity - up to 80 thousand.

Responsibility for the maintenance of workplaces in an unsatisfactory condition is provided. An official is fined from 20 to 30 minimum wages, and for a legal entity from 200 to 300 equivalent amounts.

It is in the interests of the employer to ensure the fulfillment of the established normative parameters for each harmful factor, with the exception of those places that are included in the mentioned Lists No. 1 and No. 2.

When determining measures for a qualitative change in working conditions, they are also implemented to work in full. After all, punishment for evading the implementation of measures can even lead to the suspension of activities for up to 3 years if they are re-fixed.

Who can not pass the certification of the workplace

There are few cases when a complex procedure for a comprehensive analysis of working conditions is not required. This mainly applies to small businesses.

In the case of employment in the work of only one person, when a contract of employment is not drawn up. Accordingly, there is no need to assess the workplace either.

However, when renting an office where there is at least one workplace, certification will be required.

When working in a company of remote workers, there is also no need to analyze their workplace. Here the number of employees does not play a role.

You can save a little on the performance of certification if there are several similar places with the same type of working conditions.

It is not necessary to inspect every workplace.

It is only important to take into account two limitations:

the analysis is carried out for 20% of the available such places of work;
the number of places for a comprehensive assessment cannot be less than two.

In order to prevent violations in determining the scope of work, you need to confirm their number in accordance with the staffing table for the enterprise.

Compliance with the established procedure and deadlines for conducting a comprehensive analysis of jobs will make it possible to establish legal types of compensation and benefits for all categories of workers, to develop measures to improve working conditions.

Payment of administrative punishment for untimely implementation of a set of measures often has a larger amount than the funds needed to improve working conditions.

You can learn more about the special assessment of working conditions from the video.

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