Workplace certification has been replaced by a special assessment of working conditions. Special assessment of working conditions What is certification of workplaces for working conditions

In accounting, the concept of "certification of workplaces" has changed to "special assessment of working conditions." But some professional accountants continue to use the old concept and ask many questions regarding the process of certification of workplaces in the current 2016, as well as innovations.

13.10.2015

The representative of the Ministry of Labor of our state answers the most popular questions regarding the innovations in 2016 in the procedure for the special assessment of working conditions, previously called the certification of workplaces.

1. Who should quickly conduct a special assessment of working conditions in 2016?

Most recently, the deputies of the State Duma of our state considered a draft law that was directly related to the abolition of a special assessment of labor conditions for representatives of medium and small businesses. Soon this bill was rejected ...

Yes, this is true. The deputies gave such an explanation of their actions: if a special assessment of the labor conditions of an organization or individual entrepreneur is canceled (by the way, this includes those representatives of this category of business who work with the simplified tax system), they will not be able to use the discounts applicable to injury contributions. This is spelled out in the corresponding document, which deals with compulsory social insurance against accidents at work, as well as various acquired occupational diseases - Federal Law No. 125, dated July 24, 1998, article No. 22, paragraph 1, paragraph 2. Therefore, everyone Whoever conducts their accounting according to the simplified tax system, it is imperative to conduct a special assessment of places of work in terms of working conditions in order to obtain documentary evidence of this certification with its results in hand.

2. When in 2016 should a special assessment of labor conditions be carried out?

Explain in more detail how such a special assessment is carried out in the current year.

This special assessment procedure is carried out by all employers of our state, without exception. Its order can be found in official document- Federal Law No. 426 of December 28, 2013, and the methodology was approved by the Ministry of Labor of our state - Order No. 33n of January 24, 2014. That is, such a procedure for a special assessment of working conditions has been carried out since 2014. If employers have carried out such attestation before the specified date, then such attestation results remain valid for five years. This means that they receive a small delay for this period from carrying out such a procedure (earlier it corresponded to the order No. 342n of the Ministry of Health and Social Development dated 04/26/2011).

For those who work under a simplified taxation system and do not have similar certification results in their hands, do they need to urgent order to conduct a special assessment of jobs in 2016?

According to the adopted general rules that relate to this special assessment, it must be carried out before 12/31/2018. But Federal Law No. 426 (article No. 10, paragraph 6) lists certain categories of workplaces, in the presence of which such certification should be carried out in as soon as possible- Federal Law, Law No. 212 of July 24, 2009, Article No. 58.3.

Such jobs include those where the work belongs to the List No. 1 or List No. 2 - hazardous or harmful working conditions. Therefore, specialists in these professions have the opportunity to use the right of early retirement, some guarantees and compensatory cash payments per direct activity with dangerous or harmful conditions - Federal Law, law No. 426, article No. 27, paragraph 6.

It should be noted the following: if earlier (before 01.01.2014) such jobs were already certified with a positive result, then a special assessment will not be carried out this year, since the previous certification results are valid - five years from the moment of completion of the certification procedure (Federal Law, Law No. 426, Article No. 27, paragraph 4).

Which jobs are not eligible for a special assessment in 2016?

The special assessment procedure does not apply to homeworkers, specialists working remotely, persons who work for employers who are not individual entrepreneurs - FZ, law No. 426, article No. 3, paragraph 3).

What is the impact of such certification results?

These results, obtained after passing the certification of workplaces, have a direct impact on the so-called additional contributions to the state Pension Fund, accrued by employers to their employees in List No. 1 and List No. 2. They are calculated on the basis of the class of working conditions that is assigned during the corresponding certification procedure or special assessment. The more harmful the class, the higher sum of money additional contribution. More details about this can be found in the Federal Law No. 167 of 12/15/2001 (article No. 33.2, paragraph 2.1), where all tariff rates of additional contributions are spelled out:

dangerous class - 8%;
harmful class - from 2% to 7% (depending on the subclass).

When certification and recognition of working conditions for work at the optimal or acceptable level, additional contributions to the Pension Fund of the Russian Federation by employers for their employees are not deducted - 0%.

3. The procedure for conducting a special assessment of labor conditions in 2016.

Assuming that a businessman (organization) has decided to carry out a special procedure for assessing working conditions, where should he start?

You need to start with the following actions:

a third-party specialized organization is selected (the website of the Ministry of Labor akot.rosmintrud.ru/ot/organizations/), engaged in such an assessment of jobs, with a staff of experts of at least 5 people;
be sure to have a certificate for the right to conduct such an assessment;
higher education from such specialists: doctors on general hygiene, on occupational hygiene, on sanitary and hygienic laboratory research.

An agreement is concluded with the selected organization to conduct a special assessment of the working conditions in the field.

After the conclusion of the relevant contract, what should the employer do next?

After the contract with the inspection organization is concluded, the employer must issue an order on the creation of a special commission dealing directly with this inspection, and approve the schedule of work actions for a special assessment - Federal Law, Law No. 426, Article No. 9, paragraph 1). This commission includes the employer, as its leader, his representatives (for example, lawyers or heads of departments), an occupational safety specialist, a representative of the trade union (if one works for the company) and experts from the inspection organization with which the contract is concluded. According to Law No. 426-FZ (Article No. 9, paragraphs 1-3), the number of commission members corresponds to an odd number.

If there is no labor protection specialist on the staff of the audited company, what should the employer do in this case?

In this case, the audited firm must attract such a specialist to become a member of the attestation commission.

What is the procedure for passing this special assessment?

The attestation commission, first of all, approves the list of all jobs that will be assessed for the class of working conditions. Further, the experts are engaged in determining this class, and the members of the commission must approve the final results of the assessment. The corresponding hazard class is assigned to a workplace if it is recognized as dangerous (or harmful) to the health of the worker himself. In the absence of hazardous (or harmful) factors for work, the employer himself fills out such a document as a declaration of compliance of labor conditions with labor protection regulatory requirements, which will be valid for 5 years.

4. Which employer must submit a declaration for a special assessment in 2016?

As mentioned earlier, the registration of a declaration for a special assessment should be carried out by all individual entrepreneurs and organizations that carried out this procedure for assessing the working conditions for work and did not reveal any danger or harm, is this true?

Indeed, it is so. This document is filled in according to a certain form - order No. 80n of the Ministry of Labor dated 02/07/2014. If another form is used to fill out, then the declaration will be considered invalid.

Is such a declaration submitted if the labor conditions (according to the certification carried out) are acceptable or optimal - 1 and 2 classes?

In this case, you do not need to submit such a declaration document - letter No. 15-1 / B-1157 of the Ministry of Labor dated September 17, 2014.

What are the deadlines for submitting a completed in accordance with all the rules declaration with the results of special pricing?

The completed declaration on the attestation of working conditions must be submitted to local authority labor inspection(at the address of residence of the individual entrepreneur or registration of the organization) - order No. 80n of the Ministry of Labor dated 02/07/2014 (clause 3 of the Procedure for the assessment procedure).

What is the deadline for filing this declaration in 2016?

This declaration document must be submitted no later than thirty working days from the moment the commission approves the report on the results of the special appraisal of jobs (Procedure, clause 5). In case of later submission of this declaration, Russian legislation a monetary fine is provided: for individual entrepreneurs - from 5 thousand rubles to 10 thousand rubles, for organizations - from 60 thousand rubles to 80 thousand rubles (Code of Administrative Offenses, article No. 5.27).

How is such a declaration filed?

The employer can submit this document to the labor inspectorate personally or use the postage services, while attaching a list of all the documents contained in the letter and issuing a notice of delivery of this letter - Procedure, clause 3.

That is, if there is a fixation of harmful (or dangerous) factors affecting the health of workers, the declaration with the results of the assessment of labor conditions is not submitted anywhere?

Right. About this fact, the organization conducting the certification itself submits all the necessary information to local branch labor inspection. And the declaration is needed to record the fact that some places of work are not dangerous for the workers themselves.

In the case when employees are engaged in home-based work activities, is it necessary to submit a declaration of special valuation?

As mentioned earlier, special pricing is not carried out for home-based and telecommuting employees, so the declaration does not require registration.

If, after carrying out this special assessment of labor conditions (within five years of the validity of the certification document), one of the workers is diagnosed with an occupational disease or the fact of an accident at the workplace is recorded, will the declaration be interrupted?

Yes, in these cases, it will be necessary to conduct an unscheduled certification of labor conditions, after which the declaration document is submitted again - Procedure, clause 10.

5. When in 2016 expert judgment working conditions do not need to be carried out?

except general rules carrying out the procedure for assessing labor conditions at workplaces, the laws also provide for special cases. For example, is this procedure necessary if there is only a founder among the employees who acts not only as a director, but also as a chief accountant, without drawing up an employment contract?

In such a situation, a firm without an employer and employees, without concluded labor contracts, does not need a certification assessment procedure.

In the case when all employees perform home work, but the company has a lease agreement for an office space with one workplace, is this special pricing procedure carried out?

Yes, such a procedure is necessary in this situation. The fact that the office is rented does not in any way affect the certification of the workplace itself, which should be assessed according to general rules.

Tell me, at what address of the company is a special assessment for the class of working conditions carried out - physical or legal?

This procedure for a special assessment of the working conditions of workplaces should be carried out in those places where it is conducted itself labor activity employee. Before the procedure, a list of all jobs to be assessed must be approved by a special commission. That is, in a situation where the company is registered at one address, and the workers work differently, then this procedure is carried out only where the actual place of employees is recorded - letter No. 15-1 / B-724 of the Ministry of Labor of 06/23/2014.

The next situation: the company carried out certification activities for the special assessment of workplaces in accordance with all the rules, but changed its location. Should we re-evaluate in this case?

In this case, the results of the first certification will still be valid for 5 years from the date of completion of the corresponding procedure. But there are also cases-exceptions described in the Federal Law No. 426 (Article No. 17).

In what cases can an unscheduled special appraisal of labor conditions at workplaces be carried out?

An example is the situation when newly organized workplaces are put into operation. Or the basic conditions change technological process, equipment is being replaced, which affects the level of exposure to hazardous (or harmful) production factors for workers. When new places for work with a change of location have not been created, and the employer does not have any other reasons from the above, then the change of address will not be a reason for a second special check.

If the company employs several managers doing the same job, is there a special assessment procedure for a particular workplace?

In this case, it is necessary to clarify information about similar places for the work of these employees - Federal Law, Law No. 426, Articles No. 9 and No. 16 (paragraph 1). If this fact is confirmed, a special assessment is carried out in relation to 20% of the total number of workplaces - not less than 2. After that, the certification results are applied to all similar workplaces.

Certification of workplaces is carried out in our country in order to further prevent accidents at work and occupational diseases of workers. Read about how to carry it out correctly in our article.

What is certification of workplaces for working conditions

Certification of workplaces for working conditions is a set of measures carried out to assess the safety of the working area. During the certification process, harmful and dangerous factors must be detected in the implementation of production operations. This is one of the important elements of industrial culture, as well as the prevention of accidents in production activities, which are reflected in a special journal.

Read about how to properly maintain a register of accidents in the article "Journal of registration of accidents at work".

Certification of workplaces was carried out in the USSR. But then it did not receive the proper distribution. Probably, the reason for this was the “vertical” hierarchy of the country's economic management system. At the end of the 80s, a standard regulation was formed for assessing working conditions at production sites Oh. It included a list of compensations and preferential conditions for the personnel production activities which came into contact with harmful working conditions. Here you can recall the phrase "Milk for harmfulness!", Known since Soviet times. It very accurately reflected the real state of affairs in the country and the attitude of the Soviet authorities to the certification of workplaces. In those days, a system for issuing food products for work in harmful conditions was developed. Although it was the delivery of milk that was justified from a medical point of view. It is believed that its regular use is capable of removing harmful compounds from the human body.

After the collapse of the USSR, the Ministry of Labor and Employment set the following tasks for the certification of workplaces:

study of the influence of harmful factors on human health as a result of working activities;
the economic feasibility of applying benefits and compensations for harmful working conditions to certain categories of professions;
development of measures to improve existing working conditions and reduce the harmful effects on human physical health.

The above goals remain relevant at the present time.

In 1997, certification of workplaces became a key rule in order to obtain certification for occupations and their corresponding types of work. According to those rules, officials received the right to check the certification of workplaces. This was a kind of breakthrough in labor protection. Since then, this procedure has served as the leading method of state control over the safe component of work activities.

Regulatory regulation of certification of workplaces in 2018

Certification of workplaces is regulated by regulations of various levels.

First, it is Labor Code RF, Art. 212 which directly indicates to the employer his obligation to carry out certification of workplaces.

Secondly, since 01.01.2014 the procedure itself has undergone some changes. For example, the concept of “certification of workplaces” has been replaced by “special assessment of working conditions”.

Read about the difference between certification and special assessment in the material "How is a special assessment of working conditions (nuances) carried out?".

At the same time, 2 new federal laws became relevant:

Law “On Special Assessment of Working Conditions” dated 28.12.2013 No. 426-FZ;
Law "On Amendments to Certain Legislative Acts of the Russian Federation" dated 28.12.2013 No. 421-FZ (in connection with the adoption of the previous federal law).

In 2016, amendments and additions were made to the law dated 28.12.2013 No. 426-FZ (the law "On Amendments ..." dated 01.05.2016 No. 136-FZ), which, in addition to clarifying amendments, introduced:

the possibility of using employees' suggestions to assess their working conditions;
additional rights for inspectors (in particular, the right to get acquainted with the labor process in detail);
additional obligations for employers (in particular, the obligation to send an approved copy of the report on the performed special assessment to the organization conducting the inspection).

The list of regulatory documents can also include documents at the enterprise management level:

internal local acts of the enterprise, for example, regulations;
administrative documentation, for example, orders of the head of the enterprise.

Thus, certification of workplaces is the duty of the employer, imposed on him by the state, in order to ensure the safety of personnel.

Read about other obligations of the employer in terms of labor protection in the article "Art. 212 of the Labor Code of the Russian Federation: Questions and Answers ".

What jobs are subject to mandatory certification

So, we found out that certification of workplaces is an inevitable procedure. But not all jobs are subject to mandatory certification.

Certification of workplaces is carried out with a frequency of 1 time in 5 calendar years... However, this term does not apply to all production locations. The procedure is carried out by those working areas that:

after the completion of the previous procedure, they are included in the list of harmful and dangerous;
require the passage of primary and subsequent medical commissions.

Those places that are associated with the following workflows are certified:

working actions on mechanized means of labor, transport;
carrying out test and repair work of the above means of labor;
the use of hand tools in the labor process;
work with objects and means of labor that can have adverse radiation on a person;
work related to raw materials and materials;
newly created places.

During work, a person is influenced by a number of factors, which are evaluated during the certification of workplaces:

biochemical factors;
the presence of fields and other radiation with and without ionization;
acoustics, such as noise level;
illumination level;
vibration level;
the degree of injury;
microclimatic conditions;
the severity and intensity of work;
the importance of the use of barrier means for protection.

Certification of a newly equipped workplace is not carried out immediately after its creation, but during the next year. This is necessary for a complete assessment of all factors that affect a person.

Conducting certification of workplaces for working conditions

Let's consider the main stages of the workplace certification procedure. When carrying out certification of workplaces, the employer has only the functions of managing the process. But he is responsible for the very fact of the procedure. The first action of the employer is to sign an order on the creation of a commission for the certification of workplaces, whose members:

determine the exact terms within which the certification will be carried out;
are looking for the right production sites;

looking for an organization that is able to carry out this procedure with high quality;
are engaged in the final stage of the process, drawing up cards for certification of workplaces for working conditions.

The employer can offer cooperation to employees of trade unions as members of the commission.

In our country, workplace certification is carried out not by the employer himself, but by an external independent specialized company. This is a prerequisite from 01/01/2014. Up to this point, the employer could carry out certification of workplaces on its own, but in most cases the procedure was formal. A specialized organization provides services for carrying out the procedure on a reimbursable basis, that is, on a paid basis.

The certifying company must meet several conditions:

be a legal entity;
be free in your actions;
be independent from the enterprise;
be competent in matters of labor safety;
to have all the necessary instruments and means of labor;
carry out accreditation in the manner prescribed by law;
be included in the register of companies that provide services in the field of labor protection.

After the conclusion of the contract for the certification of workplaces, the company conducting the certification must perform a number of activities:

determine the presence of harmful and dangerous working conditions;
make measurements of those very factors with the help of special devices;
prepare the necessary package of documents upon completion of certification;
issue an expert opinion at the final stage;
prepare a list of measures to improve working conditions.

Results of certification of workplaces for the employer

So, the certification of workplaces has been completed. Its results will have an impact on the further activities of employees. Depending on the assessment of workplace conditions, employees may be entitled to:

to add days to the main annual leave(at least 7);
decrease by the hour of the duration of the working week;
surcharge to wages in the form of a certain percentage (but not less than 4%), calculated from the salary.

For more information about what is supposed to be an employee working in hazardous conditions, read the material "What concerns harmful working conditions (nuances)?".

The results of the procedure will affect the payment of the employer's additional contributions to the GPT. We are talking about accruals in relation to employees who are entitled to early exit on retire. The amount of the additional tariff depends on:

from the type of work;
class of working conditions.

If the employee is not engaged in the relevant work, then additional insurance premiums his salary and other remuneration are not charged. In this case, it does not matter what class of working conditions is established in relation to his workplace according to the results of certification of workplaces. If, after carrying out the procedure, a harmful or dangerous class of working conditions is established, but employees are not entitled to an early retirement pension, then additional insurance premiums are not charged for payments to these persons.

Contributions to the FSS of the Russian Federation for accident insurance also depend on the certification of workplaces. Each employer has a choice: not to improve the working conditions of staff and transfer contributions at higher rates or to certify workplaces, determine the harmful or hazardous class of working conditions, improve the safety of the workplace and pay contributions at reduced rates.

Workplace certification card for working conditions

A third-party organization handles the process of attestation of workplaces with the employer and prepares the final documentation. This documentation serves as a confirmation of the results of the procedure. One of important documents there is a card of certification of a workplace for working conditions. Such a document is proof of certification for a specific work area.

It should include the following information:

actual and analytical information about each working area, calculated based on the results of the measurement procedures;
recommendations for improving existing conditions;
the validity of the use of compensations and preferential conditions for personnel.

The specialists of the attesting company, who measure the influence of the factors, summarize the procedure in the protocols. Guided by them, members of the appointed commission draw up cards for attestation of workplaces for working conditions. There cannot be duplicate numbers among similar documents, each of them is unique. It contains information about the company and - most importantly - the immediate working conditions and their impact on the physical health of a person. Each of the harmful factors is assigned to a certain class. If the working conditions are harmful or dangerous, then, working in them, the staff claims preferential terms and compensation.

The attestation card is filled in for each workplace... But for similar jobs, a few cards are enough. Places are considered similar if:

are inherent in a recurring profession, position;
the same work processes are carried out;
similar means of labor are used, for example, the same mechanized machines;
there are absolutely identical working conditions, for example, the same room, work area.

Therefore, during the certification, the working conditions that may be inherent in several workplaces are assessed, first of all. Examples of similar jobs include the jobs of welders, loaders, storekeepers, cooks, pastry chefs, and utility rooms.

If the workplaces are identical to each other and are considered similar, then the certification card is drawn up for at least 20% of the workplaces. For example, the company has 20 similar jobs for welders, therefore, the certification card must be issued for at least 4 jobs. But in any case, if there are identical jobs, the certification card must be filled in for at least 2 places. For example, the company has only 3 identical places, the card will need to be filled in at least 2 places.

Since 2012, those employees whose working conditions, according to the certification card, are recognized as dangerous or harmful, must visit medical institutions and undergo preventive examinations. This is important for monitoring their health. This is evidenced by the order of the Ministry of Health and Social Development of Russia "On approval of the lists of harmful and (or) hazardous production factors and work, ... and the Procedure for conducting mandatory preliminary and periodic medical examinations of workers ..." dated 12.04.2011 No. 302n.

Read about the provisions of the Labor Code of the Russian Federation in terms of mandatory medical examinations in the article "Art. 213 of the Labor Code of the Russian Federation: Questions and Answers ".

Penalties for lack of certification of workplaces

Art. 11 of Law No. 421-FZ enacted new version Administrative Code from 01.01.2015. How does this apply to employers?

Art. 5.27.1 Administrative Code establishes a fine for enterprises for the lack of certification of workplaces, violation of the rules and procedure for its conduct.

Type of violations	Amount of penalties
Type of violations	For officials	On a legal entity
Violation of regulatory requirements for labor protection	Warning or fine from 2 to 5 thousand rubles	From 50 to 80 thousand rubles
Absence or violation of the procedure for certification of workplaces	Warning or fine from 5 to 10 thousand rubles.	From 60 to 80 thousand rubles.
An employee's admission to work without a preliminary medical examination, as well as without training and testing safety knowledge	The fine is from 15 to 20 thousand rubles.	From 110 to 130 thousand rubles.
Failure to provide employees with personal protective equipment	The fine is from 20 to 30 thousand rubles.	From 130 to 150 thousand rubles.
Repeated violation of the above	The fine is from 30 to 40 thousand rubles. or disqualification for up to 3 years	From 100 to 200 thousand rubles. or suspension of activities for up to 90 days

If the violation of labor protection requirements has brought serious harm to the employee's health, then the employer will face a fine of 400 thousand rubles. If the employee died as a result of an accident, the employer faces criminal liability under Article 143 of the Criminal Code of the Russian Federation.

Outcomes

Work area safety remains one of the most important topics for every employee. Although, of course, accidents during the work process are also due to the fault of the employees themselves due to non-observance of basic safety rules. Certification of workplaces for working conditions is a set of measures carried out to assess the safety of the working area. During the certification process, harmful and dangerous factors must be detected in the implementation of production operations. This procedure is the employer's obligation, established by the Labor Code of the Russian Federation.

Workplace certification is regulated by federal legislation and internal local acts companies. The employer does not carry out certification on its own, but is responsible for the very fact of its carrying out. Certification of workplaces is carried out by a third-party independent specialized company.

If the enterprise is large enough, and, moreover, with unfavorable working conditions, then big role assigned to the organization of jobs. To this end, a number of activities are periodically carried out to identify the impact harmful conditions per person and minimize it.

Today there are a number of standards that a particular production must comply with. And if you bypass them, then not only the staff can be affected. And the company itself may be subject to significant sanctions.

It should be noted that the procedure for analyzing the state of work places undergoes changes from time to time. The latest global adjustments have been effective since early 2014.

What are the rules for the certification of production in 2019

It should be noted that today in the legislation there is no such concept as "certification of a workplace". It was replaced by a special assessment of working conditions. The procedure for its implementation is regulated by Law No. 426-FZ, as well as other bylaws. If we talk about the innovations of 2016, then the liability will be toughened in relation to those employers who did not carry out the assessment, or did it contrary to the established rules.

It is possible that in 2019 representatives of small and medium-sized businesses may be exempted from the assessment. In any case, a similar bill has already been submitted several times for consideration within the walls of parliament. However, for now, the assessment will be needed for everyone. If the enterprise has already passed certification before 2014, then in 2019 this will not be necessary. The thing is that, according to the law already mentioned by us, an enterprise is evaluated no more often than once every five years.

If the company does not have harmful or hazardous working conditions, then it will be obliged to periodically submit an appropriate declaration. For ignoring this requirement, a fine of up to 80 thousand rubles can be imposed.

Assessment of working conditions should be independent organization, which has been accredited at the state level in accordance with the established procedure. When a suitable company is selected, a contract is concluded with it. Its terms provide for the creation of a special commission. Its members will be representatives of experts, as well as company management.

In addition, labor protection services, as well as trade unions (if such have been created at the enterprise) should also delegate their employees. After signing the contract, work should begin, which provides for the following items:

Analysis of production conditions in terms of their compliance with the current legislation, and established standards depending on the type of products manufactured;
Test for compliance with general hygiene rules;
The level of injury at each specific workplace;
Providing people with work clothes and, where necessary, special protective equipment.

As a result of the study of these parameters, measures are determined to eliminate the identified violations. In addition, the results of the commission's work will form the basis of a unified information base, which will be available to users at the beginning of 2019.

If we talk about the documents that are necessary for the assessment, then these include:

order for the company regarding the certification;
an agreement with an organization that will conduct research;

In addition, the company must have a report in its hands, which describes the general working conditions, as well as the identified deficiencies. In addition, it is necessary to list the measures designed to eliminate violations. Moreover, they must relate to each workplace.

Responsibility for the lack of certification of the workplace

Its measures are listed in a number of articles of the Code of Administrative Offenses of the Russian Federation. For example, in article 5.27, it is said that officials of enterprises may be sanctioned in the form of a fine, which can reach up to 5 thousand rubles. In addition, the company itself may be punished with sanctions, the amount of which will reach the limit of 50 thousand rubles.

However, this is not all. If the violation was recorded again, then the company may be fined in the amount of 70 thousand rubles. In addition, officials face suspension from their posts for up to three years.

In addition, violations in the work of the certification commission are not excluded. Then the limits of her responsibility should be spelled out in detail in the contract. Such points, first of all, will be in the interests of the enterprise, since it will be able to protect its own interests in the event of a conflict.

When workplace checks are optional

First of all, this applies to cases when the company employs one person who is also its founder. The same applies when most employees prefer remote variant work. It often happens when several people in the company hold one position at once. Then, among them, only a fifth of all jobs are subject to verification. An office tenant in the person of one person is also subject to certification, except for cases when his work is not associated with adverse working conditions.

Attestation is understood as a whole range of activities. They are carried out in order to assess the working conditions at various workplaces. This is primarily true for hazardous production.

The purpose of the procedure is to identify hazardous factors, as well as the process of improving working conditions to the level established by the legislation of the Russian Federation. Each year, the order of its passage changes somewhat.

Recent changes in the law

Download the current edition as amended on May 1, 2016, which regulates the special assessment of working conditions.

Certification began to be called special assessment of jobs... In addition, 2015 saw two major changes that will continue in 2019:

Firstly, the penalties for the lack of a special assessment were toughened. This change is recorded in the Code of Administrative Offenses of the Russian Federation.
The second concerns the methodology by which it is carried out. This primarily concerns the biological factor.

Throughout 2015, a bill was considered that dealt with the abolition of the need for certification (for both small and medium-sized businesses). However, it was rejected, and therefore all companies must undergo the procedure in the absence of valid results of its passage.

First of all, the assessment must be carried out for those places where work is carried out in professions that relate to harmful and dangerous working conditions (List No. 1 and List No. 2). The period of validity of a special assessment of workplaces is 5 years.

In 2019, it is mandatory to fill out a declaration in the prescribed form, even for those companies that did not identify dangerous factors during the course. The results are also valid for 5 years. Penalty for filing a declaration later the deadline at the time of 2019 is from 60 to 80 thousand rubles for companies and up to 10 thousand rubles for individual entrepreneurs.

The results of the assessment of working conditions must be submitted to the Federal State information system accounting. This requirement came into effect on January 1, 2018.

By whom and when the special assessment is carried out

Certification is carried out directly by the employer in conjunction with a special certification organization... The latter is understood as a legal entity that is accredited as an organization entitled to provide valuation services. At the same time, she carries out her measurements on the basis of an appropriate agreement with the employer.

The employer is obliged to create a special certification commission and determine the schedule for passing the special assessment procedure. The commission must necessarily include the following employees:

A specialist working in the field of labor protection.
One or more representatives from the employer.
One or more representatives from a body affiliated with a trade union organization.
Representatives of the certification company.

The period for conducting is established as follows: if new jobs were opened, the deadline for their assessment is 60 working days after the start of operation. Otherwise, the employer will have to pay a fine of up to 30 thousand rubles, and in the worst case, suspend the company's activities for a period of 1 to 3 months.

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The procedure for its implementation and the documents drawn up at the same time

The legislation establishes a certain procedure for conducting a special assessment of jobs in each company. In addition, there is whole line documents that need to be drawn up.

The procedure is carried out as follows:

To begin with, the working conditions in which employees work are analyzed for compliance with existing regulations related to labor protection.
Next, an assessment is made of how each of the workplaces complies with the established hygienic standards.
After that, an analysis is made of how traumatic the working conditions are.
The fourth step is to assess the provision of all necessary uniforms, special work clothes, shoes and additional protective equipment (if necessary).
Finally, a comprehensive assessment is carried out to understand how the working conditions are optimal and acceptable from the point of view of the legislation of the Russian Federation.

There is no specially approved list of documents. However, in order to initiate an assessment, 3 main documents will be required:

Order on the creation of a special certification commission. It must be published by the employer and contain information about its composition.
Schedule for the assessment work (must be approved by a separate order).
Contract with a third-party certification organization. An important requirement is that she must be a person who is not dependent on the employer.

It is necessary to understand that while an assessment is being made of how competently the company is about organizing the workplaces of its employees, the employer is obliged to provide the certifying organization with all the documentation that is in one way or another related to ensuring labor protection conditions.

Based on the results of the procedure, a special report is generated, which includes a number of information and documents:

List of workplaces that are subject to certification.
An order on the creation of the commission that will conduct the assessment.
Information about the certifying organization.
Order on approval of the timetable for the procedure.
Specialized attestation cards.
A summary table showing the classes of working conditions and the corresponding compensation.
A statement containing the results of the certification of all workplaces.
The protocol, which indicates all the main provisions identified and discussed during the meeting of the commission.
Action plan to improve working conditions.
Conclusions prepared after state examination (if any).

Detailed information on carrying out this procedure can be gleaned from the following video:

Possible fines and other sanctions

Late completion of the assessment (as well as its absence) invariably entails the imposition of administrative responsibility on the employer. In addition, if the working conditions do not meet the established requirements, the head of the company will be obliged to pay a fine, consisting of two parts:

“Personal” fine for a manager in the amount of 20 to 30 minimum wages.
A fine for the company in the amount of 200 to 300 minimum wages.

If an official in any way violated laws related to labor protection, repeatedly, his company will have to suspend its activities for up to 36 months. At the same time, the company that provides certification services does not have any statutory responsibility - its activities are regulated only by an agreement with the employer.

Who may not pass the special assessment

There are a number of cases in which there is no need to undergo the procedure. In particular, this applies to the situation when the company employs only one person - its founder. In this case labor contract as a document is absent, and, in fact, the company has no employees. Accordingly, there is no need to make a special assessment. In addition, if employees work remotely, certification is also not required.

If the company is renting a small office that has at least one workplace, an assessment must be carried out without fail.

The next reason for not going through this procedure is the fact that the certification was carried out no earlier than 5 years ago: this is valid even if the company is moved.

Another reason is the following situation: for example, the company has several employees holding the same positions and having the same job duties... Then certification is carried out only 20% of their jobs... However, there is a limitation: you need to evaluate at least 2 places.

Thus, attestation is important event for each company, thanks to which the salary increments for certain categories of employees are calculated, as well as the dates of their retirement are determined. Knowing the conditions for its passage will allow the organization and its leader to avoid problems with legislation.

On January 1, 2014, Federal Law No. 426-FZ dated December 28, 2013 came into force. This law determined new order actions, which was previously established by the Order of the Ministry of Health dated 04/26/2011 No. 342n "On approval of the procedure for certification of workplaces for working conditions." From that moment on, certification of workplaces (AWP) was replaced by the procedure for special assessment of working conditions (SAWC).

What is workplace certification

By and large, this is the same procedure for a special assessment of jobs. The certification was also carried out by the employer with the involvement of a special organization, a commission was also formed, hazard classes were determined and a report was drawn up. The term of certification of workplaces is comparable to the timing of a special assessment of working conditions. That is, fundamentally, although SOUT actually replaced the AWP, in general, the functions and tasks remain the same:

development and implementation of measures aimed at improving working conditions;
informing employees about working conditions at their workplaces;
making decisions on the need to organize periodic and preliminary medical examinations;
establishing guarantees and compensations for workers employed in hazardous and hazardous working conditions.

The innovations are:

Procedure or step for identifying harmful and hazardous factors working environment... The methodology for carrying out this procedure was approved by order of the Ministry of Labor dated January 24, 2014 No. 33n.
Submission of a declaration of compliance of working conditions with state regulatory requirements to labor protection conditions in the absence (non-identification) of harmful or hazardous production factors.
The identification of harmful and hazardous factors of the working environment is no longer carried out at all workplaces. The list of workplaces where the identification stage is not carried out is specified in paragraph 6 of Article 10 Federal law dated 28.12.2013 No. 426-FZ.

These innovations did not affect in any way the timing of certification of workplaces, or a special assessment of working conditions. Deadlines are still determined by the employer - regulatory document about the organization of SOUT.

In addition to changes in the very procedure for conducting AWPs, with the adoption of the SAWS, amendments were made to the legislation.

Labor legislation

Previously, workers employed in hazardous (regardless of the hazard class) and hazardous working conditions in accordance with the Labor Code of the Russian Federation were supposed to:

annual additional paid leave;

surcharges;

shortened working week.

With the introduction of Federal Law 426, workers employed in harmful and hazardous working conditions were left with:

hazard class 3.1. - only additional payments;

hazard class 3.2. - additional payments and annual additional paid leave;

hazard class 3.3, 3.4 and 4 - additional payments, vacation and a shorter working week

Administrative legislation

The Code of Administrative Offenses introduced article 5.27.1, which provides for liability specifically for violations of the procedure for organizing and conducting SAWS and issuing personal protective equipment to employees. Accordingly, new fines have been introduced - from 2,000 to 200,000 rubles or an administrative suspension of activities for up to 90 days.

Pension legislation

Now, in the periods of work, which gives the right to the early appointment of an old-age pension, the length of service that corresponded to the harmful or dangerous one, established by the results of a special assessment of working conditions, is counted.

The frequency of the AWP

The frequency of certification of workplaces in terms of working conditions was 5 years, the SAUT is carried out at the same time.

The provisions of clause 4 of Article 27 of Federal Law No. 426-FZ stipulate that if an organization has conducted an AWP before the entry into force of the said federal law, the SAUT may not be carried out within five years from the date of completion of the AWP. However, if circumstances arise for which it is necessary to conduct an unscheduled SAUT, a special assessment will have to be carried out without waiting for the end of the planned period.

How often certification of workplaces or SAWS is carried out is decided by the employer: at least annually, but at least once every 5 years, as well as every time when conditions arise that oblige the employer to carry out an unscheduled SAWS.

The grounds for the unscheduled SAWS remained the same as for the automated workplace, with the exception of a new independent circumstance in the form of an industrial accident. A complete list of grounds for an unscheduled SAUT is specified in Article 17 of Federal Law No. 426-FZ.

The cost of certification of workplaces

The cost of certification of workplaces (SOUT) in 2019 is still determined by several parameters:

Price of the contract with the organization that will directly conduct the SOUT. The price may or may not include:
- cost of research and measurements;
- the use of special equipment;
- travel of third-party specialists, etc.
Costs based on the results of certification and rationalization of workplaces:
- if the classes of hazard and danger are established, additional contributions to the pension fund, as well as allowances and compensations for employees will be required;
- purchase of new or modernization of existing means of collective and individual protection;
- replacement of production equipment, optimization of its arrangement, etc.
Penalties for the lack of certification of workplaces or untimely implementation of the SAWS (the results of the automated workstation can be disputed and recognized as untrue). When choosing an organization, pay attention to its statutory documents (OKPD2 code for certification of workplaces 71.20.19.130), it must be in the register of organizations conducting SOUT.

The regional factor is also important, the cost of SOUT in Moscow and Syktyvkar will differ.

Penalties

In 2019, the amount of fines for the absence of AWP or SOUT is:

Violation name	Fine in rubles
Violation name	official	unincorporated persons	legal entities
Violation of labor protection requirements set out in federal legislation	warning or from 2000 to 5000	from 2000 to 5000	from 50,000 to 80,000
Violation of the procedure for conducting SAUT (or failure to conduct)	from 5000 to 10000	from 5000 to 10000	from 60,000 to 80,000
The admission of an employee without training in labor protection rules ( medical examinations included)	from 15000 to 25000	from 15000 to 25000	from 110,000 to 130,000
Failure to provide workers with PPE	from 20,000 to 30,000	from 20,000 to 30,000	from 130,000 to 150,000
Repeated violations	from 30,000 to 40,000 or disqualification for a period of 1 to 3 years	from 30,000 to 40,000 or suspension of activities for up to 90 days	from 100,000 to 200,000 or suspension of activities for up to 90 days

Results, or a map of attestation of the workplace

Based on the results of the SAUT, the organization that directly carried out the special assessment draws up a report, the employer approves it. The report is a multi-page and voluminous document, the form of which is approved by Appendix No. 3 to the Order of the Ministry of Labor No. 33n of January 24, 2014.

The entire report is important for the employer, but the most interesting for the employee is the third section of the report, or SOUT - the map itself.

The map contains various information, but the most interesting are information about:

classification of harmful and dangerous factors;
personal protective equipment used and their effectiveness;
recommendations based on the results of the activities carried out.

The employer is obliged to familiarize the current employees with the information contained in the card within 30 days from the date of approval of the report on the performed SOUT.