What is included in the certification of jobs. What is important for an accountant to know about a special assessment of jobs? Commission for conducting a special assessment of jobs
From January 1, 2014, in accordance with the Federal Law of the Russian Federation No. 426-FZ of December 28, 2013, the attestation of workplaces was replaced by a special assessment of working conditions. Due to lack of experience and lack of necessary equipment, many enterprises do not have the opportunity to carry out certification of workplaces for working conditions on their own, which is why they turn to specially created services, among which the SOTARM company is one.
By contacting SOTARM for certification of workplaces in terms of working conditions, you can count on the following benefits:
- Exact match of test results state norms and standards;
- Identification of all harmful factors affecting the health and safety of personnel working at their workplaces;
- Drawing up the most optimal and effective plan to improve working conditions;
- Free consultation on possible measures aimed at reducing production risks.
The importance of certification work
Carrying out attestation of workplaces in terms of working conditions in the organization is aimed at ensuring that the working conditions of working personnel comply with state requirements. Timely identification of unsafe and harmful factors makes it possible to reduce the risk of injury to employees, and in case of detection of hazardous production, compensate the employee for harm caused to health by providing additional vacations, sending to sanatoriums, cash bonuses, etc. methods. An employer who has attested workplaces reduces the risks of criminal and administrative penalties in the event of accidents at work that caused injury or death to an employee.
With the tightening of laws and the increase in fines for violating the working conditions of employees, certification of working conditions is becoming increasingly relevant. Using the services of SOTARM, you will not only be able to assess the compliance of the working conditions of your employees with the required standards and norms, but also quickly develop a set of measures to improve these conditions. Also, certification of workplaces will avoid possible fines and sanctions from state supervisory authorities.
The cost of certification of jobs
The price of certification of workplaces for working conditions depends on the following factors:
· The total number of jobs in the enterprise, as well as the number of jobs that are exactly the same in terms of their functions;
· Features and specifics of the enterprise;
· Quantity of the used equipment at the enterprise and their characteristics;
· The number of measured parameters in the certification process;
· The need for a plan to modernize workplaces to ensure they meet government regulations.
The cost of certification of workplaces in the company "SOTARM" is one of the most affordable, this is due to the use of highly efficient equipment and extensive experience of employees, which allows us to perform the entire range of certification work in the shortest possible time. All specialists of our company have the appropriate education and work experience of more than 3 years in their positions, and also regularly take refresher courses and knowledge testing.
Our company conducts certification of workplaces in Moscow and throughout Russia of organizations in various fields of activity - household, industrial, educational, etc. In the process of certification, all the features of the organization's activities, as well as the specifics of the work of personnel, are taken into account, which allows us to determine with the greatest accuracy the compliance with the conditions labor to the required standards. Our main task is to find solutions and their implementation aimed at reducing the price of workstations, as well as drawing up an action plan to improve working conditions with minimal time and material costs.
Frequency of certification of workplaces
Certification of workplaces for working conditions (AWP) should be carried out at least once in a five-year period. During the five-year period, the employer himself has the right to choose at what time it is more convenient for him to conduct the next inspection. The starting point of the new period will be the end date of the previous check, which is specified in the order "On the completion of certification of workplaces for working conditions." The date of the next inspection will be the date of issuance of the order "On the formation of a new commission and the approval of the certification schedule."
The same happens with unscheduled certification of workplaces, which is carried out in cases where new workplaces, new equipment have appeared at the enterprise, or collective protective equipment has changed. Then, within a period of at least 60 working days, the employer must proceed to the certification of new jobs. An unscheduled workstation can be carried out both on a mandatory basis and at the initiative of the employer.
The task of any enterprise is to ensure safe working conditions for its employees, it is for the organization to comply with these conditions that a set of documents on labor protection is used. The SOTARM company provides certification services for labor protection, which allows management to avoid the consequences of non-compliance with safety standards at the enterprise. The certification procedure for labor protection must be mandatory for all employees, as well as the management team. Additional certification measures are provided for when employees are hired, change their type of activity or go on a business trip.
Before passing certification, all employees of the company must study the set of regulatory documents on labor protection, which includes requirements for the condition of workplaces, overalls, hygiene standards, conditions for granting holidays, rules for passing a medical examination and other regulatory forms. Knowledge in these areas will help the employee to safely perform their job duties, avoid accidents, reduce harm to health in case of work in hazardous conditions, know and use their rights to provide benefits, time off and vacations, and successfully pass certification. Our company not only carries out certification of employees and management personnel, but is also ready to conduct training on labor protection.
Benefits of working with SOTARM
2. 212-FZ "On insurance premiums to the Pension Fund"
3. Order of the Ministry of Health and Social Development No. 342n "On approval of the procedure for conducting AWP on working conditions"
4. Draft Federal Law "On Amendments to 426-FZ"
Object types
Arm in the office
Arm at school
Arm in a medical institution
Arm in production
Arm in the store
AWP in a private security company
our clients
Feedback from our clients
A. A. Minaev
Cooperation with your company has shown the high professional level of your employees. I would like to note the competent work of experts, the well-coordinated work of specialists and the high professional level of the company as a whole.
We look forward to a long and fruitful collaboration with your company.
General Director A.N. Pischurov
General Director of SOTARM LLC
Minaev A.A.
In the course of the Special Assessment of Working Conditions (SOUT) in our company ASTRAYA LLC, I would like to note the competent work of experts, the high level of specialists. Employees of SOTARM LLC are polite, pleasant in communication, always ready to give additional explanations.
Sincerely,
Director of ASTRAYA LLC Safronov D.P.
General Director of SOTARM LLC
Minaev A.A.
In accordance with the terms of the Agreement, in 2016, SOTARM LLC carried out work on a special assessment of working conditions at the workplaces of MUP AiG.
The work was performed at a high level in accordance with the Federal Law No. 426 "On a special assessment of working conditions" dated December 28, 2013. Based on the results, reporting documentation was received, prepared on the basis of the results of the work and executed in accordance with the current legislation.
We express our gratitude to SOTARM LLC for the professional solution of issues that arose in the course of our joint work.
We are satisfied with the work performed by the specialists of SOTARM LLC and are ready to recommend this company as a reliable and responsible partner.
And about. director E.M. Gorokhov
General Director of SOTARM LLC
Minaev A.A.
Dear Andrey Anatolyevich!
In December 2016, SOTARM LLC conducted a special assessment of working conditions in the private institution Atomstandard.
The specialists of SOTARM LLC showed high professionalism and efficiency in solving the tasks. A favorable impression was made by the willingness of employees to respond quickly to circumstances. This confirms that SOTARM LLC has an extensive practice in conducting SOUT and uses an individual approach when working with clients.
The works were carried out in accordance with the current legislation. A good presentation of the results of the work carried out was noted.
We are satisfied with the work of SOTARM LLC and are ready to recommend this company as a reliable and responsible partner.
Sincerely,
Director V.V. Morozov
General Director of SOTARM LLC
Minaev A.A.
In the course of the Special Assessment of Working Conditions (SUT) in our enterprise (JSC MKB DOM-BANK), the competent work of experts and the high level of specialists were noted.
All work was completed on time, and the necessary materials were submitted in accordance with the requirements of the Federal Law of October 28, 2013 No. 426-FZ “On a Special Assessment of Working Conditions”.
We hope for long-term fruitful work in the future.
Sincerely,
Executive Director of JSC MCB "DOM-BANK" S.B. Rygin
Gratitude
The Federal Autonomous Institution "Center for the Development and Support of Space Activities" of the Ministry of Defense of the Russian Federation expresses its gratitude to SOTARM LLC for the high-quality conduct of a special assessment of working conditions
Head of the Federal Autonomous Institution "Center for the Development and Support of Space Activities" of the Ministry of Defense of the Russian Federation
M. Surikov
Thank You Letter
Limited Liability Company "Usinsk Road Repair and Construction Department" expresses its deep gratitude and sincere gratitude to the staff of the Limited Liability Company "Service for Labor Protection and Certification of Workplaces" for mutually beneficial cooperation, conscientious attitude and professionalism, manifestation during work on a special assessment of working conditions at our enterprise.
We express our special gratitude to the experts Komarova Maria Vitalievna and Titor Andrey Gennadievich, who were directly involved in the study and analysis of harmful, dangerous factors in the production environment and the labor process for their serious and thoughtful attitude to work.
We highly appreciated the joint work with your company,
We wish you and your company success and prosperity,
economic and financial well-being.
We express confidence in maintaining the existing friendly
relations and look forward to further
mutually beneficial and fruitful cooperation.
Sincerely,
Director of LLC "Usinskoye DRSU" Slasten I.A.
General Director of SOTARM LLC
A.A. MINAEV
Dear Andrei Anatolyevich!
Non-governmental institution The editorial office of the newspaper of the Parliamentary Assembly of the Union of Belarus and Russia "Soyuznoe Veche" expresses its gratitude to the employees of the company "SOTARM" LLC for the prompt and high-quality work on conducting a special assessment of working conditions, the high level of experts of the organization.
All work was completed on time. Reporting materials are presented in accordance with the requirements of the Federal Law of October 28, 2013 No. No. 426-FZ "On a special assessment of working conditions".
We are ready to recommend SOTARM LLC as a reliable and obligatory partner working at a high professional level.
We hope for long-term fruitful work in the future.
Sincerely,
Chief editor L.P. Rakovskaya
General Director of SOTARM LLC
Minaev A.A.
GRATITUDE
In the course of the Special Assessment of Working Conditions (SUT) in our enterprise LLC "Center" Second birth ", competent work of experts, a high level of specialists were noted. We hope for long-term fruitful work in the future.
General Director Romanyuk E.V.
General Director of SOTARM LLC
Minaev A.A.
Dear Andrey Anatolyevich!
The management of RB Logistics LLC expresses its gratitude to the employees of SOTARM LLC for the prompt and high-quality work on conducting a special assessment of working conditions. I would like to note the competent work and the high level of the organization's experts.
We are ready to recommend SOTARM LLC as a reliable and obligatory partner working at a high professional level.
We hope for long-term fruitful work in the future.
Sincerely,
General Director A.A. Budkin
General Director of SOTARM LLC
Minaev A.A.
Dear Andrey Anatolyevich!
The management of OPTIKOM Region LLC expresses its gratitude to the employees of SOTARM LLC, the head of the laboratory Maksemenyuk E.V. for the prompt and high-quality work on conducting a special assessment of working conditions. A favorable impression was made by the willingness of employees to respond quickly to circumstances.
All work was completed on time, and the necessary materials were submitted in accordance with the requirements of the Federal Law of October 28, 2013 No. 426-FZ “On Special Assessment of Working Conditions”.
We are ready to recommend SOTARM LLC as a reliable and obligatory partner working at a high professional level.
We hope for long-term fruitful work in the future.
Best wishes to you and your organization
Art. shift S.N. Sirotkin
General Director of SOTARM LLC
Minaev A.A.
Dear Andrei Anatolyevich!
We thank the staff of SOTARM LLC for the service of conducting a special assessment of working conditions in our organization. It was very pleasant to feel the efficiency and technically competent attitude to work on the part of the employees of your company during the entire period of our cooperation.
I would like to especially note the head of the testing laboratory Elena V. Maksemenyuk and specialist Victoria Biryukova. I thank them for their professionalism and sensitive attitude in resolving all the issues that arose.
We look forward to further cooperation with you and your company.
CEO
Mosexpert LLC A.L. Voronin
General Director of SOTARM LLC
Minaev A.A.
Dear Andrey Anatolyevich!
The management of the Central Branch of LLC "Company Metall Profile" expresses gratitude to the employees of the company "SOTARM" LLC for the prompt and high-quality work on conducting a special assessment of working conditions. I would like to note the competent work and the high level of the organization's experts.
All work was completed on time, and the necessary materials were submitted in accordance with the requirements of the Federal Law of October 28, 2013 No. 426-FZ “On Special Assessment of Working Conditions”.
We are ready to recommend SOTARM LLC as a reliable and obligatory partner working at a high professional level.
We hope for long-term fruitful work in the future.
Sincerely,
Branch Director L.A. Mikhailov
General Director of SOTARM LLC
Minaev A.A.
Dear Andrey Anatolyevich!
The management of Brunel Rus LLC expresses its gratitude to the employees of SOTARM LLC for the prompt and high-quality work on conducting a special assessment of working conditions. During the execution of the work, the specialists of SOTARM LLC were attentive to all the needs of our company and quickly found the best solutions to the questions that arose. I would like to note the competent work and the high level of the organization's experts, as well as their conscientious attitude to business.
All work was completed on time, and the necessary materials were submitted in accordance with the requirements of the Federal Law of October 28, 2013 No. 426-FZ “On Special Assessment of Working Conditions”.
We are ready to recommend SOTARM LLC as a reliable and obligatory partner working at a high professional level.
We hope for long-term fruitful work in the future.
Sincerely,
Brunel Rus LLC General Director Andrea Lukkin
General Director of SOTARM LLC
Minaev A.A.
Dear Andrey Anatolyevich!
The management of Leogon Trading LLC expresses its gratitude to the employees of SOTARM LLC for the timely and high-quality work on conducting a special assessment of the pile conditions. I would like to note the competence and literacy of the experts of the organization.
All work was completed on time, and the materials were submitted in accordance with the requirements of the Federal Law of October 28, 2013 No. 426-FZ "On a special assessment of working conditions."
We are ready to recommend SOTARM LLC as a reliable and obligatory partner working at a high professional level.
We look forward to successful fruitful work in the future.
Sincerely,
Director S.V. Lyulikova
General Director of SOTARM LLC
Minaev A.A.
Dear Andrey Anatolyevich!
The management of GE Project LLC expresses gratitude to the employees of SOTARM LLC for the prompt and high-quality work on conducting a special assessment of working conditions. I would like to note the competent work and the high level of the organization's experts.
All work was completed on time, and the necessary materials were submitted in accordance with the requirements of the Federal Law of October 28, 2013 No. 426-FZ “On Special Assessment of Working Conditions”.
We are ready to recommend SOTARM LLC as a reliable and obligatory partner working at a high professional level.
We hope for long-term fruitful work in the future.
Sincerely,
Head of GE Project LLC A.A. Zuikin
General Director of SOTARM LLC
Minaev A.A.
Dear Andrey Anatolyevich!
The management of GBPOU MO "Roshal Technical School" expresses gratitude to the employees of the company "SOTARM" LLC for the prompt and high-quality work on conducting a special assessment of working conditions. I would like to note the competent work and the high level of the organization's experts.
All work was completed on time, and the necessary materials were submitted in accordance with the requirements of the Federal Law of October 28, 2013 No. 426-FZ “On Special Assessment of Working Conditions”.
We are ready to recommend SOTARM LLC as a reliable and obligatory partner working at a high professional level.
We hope for long-term fruitful work in the future.
Sincerely,
Director of the technical school V.Yu.Kashlev
General Director of SOTARM LLC
A.A. Minaev
Dear Andrey Anatolyevich!
The management of JSC "Economic Department of VDNKh" expresses its gratitude to the employees of the company "SOTARM" LLC for the prompt and high-quality work on conducting a special assessment of working conditions and the high level of the organization's experts.
All works were completed on time, the materials were submitted in accordance with the requirements of the Federal Law of October 28, 2013 No. 426-FZ “On a special assessment of working conditions”.
We are ready to recommend SOTARM LLC as a reliable and obligatory partner working at a high professional level.
We look forward to long-term and fruitful work in the future.
Director A.V. Korolev
General Director of SOTARM LLC
Minaev A.A.
Dear Andrey Anatolyevich!
The management of Ramenskaya Teploset JSC expresses gratitude to the employees of SOTARM LLC for the prompt and high-quality work on conducting a special assessment of working conditions. I would like to note the competent work and the high level of the organization's experts.
All work was completed on time, and the necessary materials were submitted in accordance with the requirements of the Federal Law of October 28, 2013 No. 426-FZ “On Special Assessment of Working Conditions”.
We are ready to recommend SOTARM LLC as a reliable and obligatory partner working at a high professional level.
We hope for long-term fruitful work in the future.
Sincerely,
General Director A.M. Sinitsky
General Director of SOTARM LLC
Minaev A.A.
Dear Andrei Anatolyevich!
The management of JSC "OptiCom" expresses its gratitude to the employees of the company "SOTARM" LLC for the prompt and high-quality work on conducting a special assessment of working conditions.
We note that the results of the work of SOTARM LLC on SOUT provided to us meet the high quality standards in this area.
Separately, I would like to thank the head of the laboratory Maksemenyuk E.V. and employees who performed the work under the contract with high quality and on time, promptly and competently resolved all the issues that arose, both at the stage of the SOUT and after its completion, as well as to note their high level of communication culture with customer representatives, sociability and professionalism.
We wish you and your company new achievements and financial prosperity.
Sincerely,
Head of the warehouse complex M.Yu. Chistov
Does the law require attestation of workplaces and for whom? What does such an event include? How often is certification of workplaces carried out, for how many years is it valid? Due to the fact that the term AWP has been replaced by SOUT (special assessment of working conditions) since 01/01/14, let's look at the regulatory nuances.
In accordance with the provisions of Art. 209 of the Labor Code, certification of workplaces for labor protection is a set of measures to assess the safety of working conditions in order to identify and subsequently eliminate various hazardous or harmful factors. Why do you need job certification? This procedure is aimed at establishing classes / subclasses of the level of harmfulness (danger) of working conditions (clause 2, article 3 of Law No. 426-FZ). Based on the results, measures are developed to bring labor conditions in line with the legislative requirements for labor protection; by assessing the pro-risk; providing employees with additional benefits, guarantees and compensations, etc.
Note! For the FSS, attestation of workplaces is important when setting the amount of discounts or surcharges to the basic rate for "injuries". This information must be confirmed annually by insurers.
Since 2014, the definition of attestation of workplaces has been replaced by SOUT. This happened after the abolition of the Order of the Ministry of Health and Social Development of the Russian Federation No. 342n dated April 26, 2011 and the adoption of Law No. 426-FZ dated December 28, 2013. However, the essence of this procedure remained the same and consists in assessing working conditions. Therefore, that the workstation, that the special assessment of jobs in terms of working conditions - these are synonyms.
Certification of workplaces - mandatory or not
According to stat. 212 of the Labor Code, the employer is obliged to ensure the safety of employees. In this regard, the enterprise must not only comply with the current labor protection standards, but also conduct the SOUT in accordance with the requirements of the law. The federal assessment procedure is regulated by Law No. 426-FZ, which, among other things, defines:
- Obligations and rights of personnel and the employer in the SOUT.
- The order of the assessment.
- Formulation of the results of SOUT.
- Other conditions of labor assessment.
Should all businesses conduct appraisals? In accordance with the provisions of Art. 212 of the Labor Code, absolutely every employer is obliged to take care of the safety of working conditions for staff. But since some organizations have already conducted an automated workplace before, such companies are allowed not to organize a re-assessment if another 5 years have not passed since the end of certification (clause 4 of article 27 No. 426-FZ). An exception is cases of unscheduled inspections under paragraph 1 of Art. 17 of Law No. 426-FZ. SATS is not carried out in terms of homeworkers; remote specialists; employees who have labor relations with citizens without the status of individual entrepreneurs (clause 3 of article 3 No. 426-FZ).
Frequency of certification of workplaces, terms
How often do employers need to conduct a special assessment of working conditions? In accordance with paragraph 4 of Art. 8 No. 426-FZ SOUT should be organized every 5 years, unless other requirements are established by law. The designated period of validity of the certification of workplaces begins to be calculated from the date of approval of the results of the assessment.
For example, attestation of workplaces in a school should be carried out once every five years, as well as in preschool children's institutions. AWP of office workers is not carried out if the employment of such persons is directed to the organization's own needs (clause 4 of Order No. 342n). And for unscheduled activities, the period for attestation of workplaces in terms of working conditions is 12 months. since the commissioning of new places of employment, changes in the conditions of production technologies that affect the degree of danger (harmfulness) of labor (clause 2 of article 17 No. 426-FZ). In other situations, the unscheduled AWP period is 6 months.
How is certification of workplaces carried out at the enterprise
Which institutions have the right to conduct AWP or SOUT? Of course, these are not all companies, but only those that have the right to engage in such services. In the updated Classifier, attestation of workplaces, OPKD 2 71.20.19.130, occupies a separate block. To carry out the automated workplace, the employer, on the basis of GPC agreements, engages a third-party independent enterprise, the requirements for which are listed in stat. 19 No. 426-FZ. Such an institution must be included in a special register and have at least 5 certified experts on staff.
Certification and rationalization of workplaces are carried out after the employer approves the order on the need for such events and the appointment of a responsible person. Then an institution is selected that is capable of conducting AWS in a quality manner. For the legality of the procedure, a contract for the provision of services is drawn up, in budgetary structures, certification of workplaces according to KOSGU - article 226. Upon completion of the procedure, a report is drawn up, a card for attestation of the workplace for working conditions, protocols, a statement, an expert opinion and other mandatory documents (article 15 No. 426-FZ).
Certification of workplaces for working conditions includes:
- Determining whether the employer has harmful and / or dangerous factors for personnel.
- Measurement of such factors on special devices, as well as carrying out test work.
- Establishing the level of classes (subclasses) of labor conditions at individual workplaces.
- Compilation of the final package of documentation based on the results of the automated workplace, including a report, protocols, recommendations, expert opinion.
Penalty for the lack of certification of workplaces 2018
From 01/01/15, the stat. 5.27.1 of the Code of Administrative Offenses. In accordance with part 2 of this article, for the absence of an automated workplace at the employer’s workplace, as well as for violations of the procedure for carrying out such a procedure, the following sanctions are provided:
- For responsible officials - an announcement of a warning or a fine of 5,000-10,000 rubles.
- For entrepreneurs - a fine of 5000-10000 rubles.
- For legal entities - a fine of 60,000-80,000 rubles.
In accordance with Article 209 of the Labor Code of the Russian Federation (Collected Legislation of the Russian Federation, 2002, N 1 (part 1), art. 3; N 30, art. 3014, 3033; 2003, N 27 (part 1), art. 2700; 2004, N 18, item 1690; N 35, item 3607; 2005, N 1 (part 1), item 27; N 13, item 1209; N 19, item 1752; 2006, N 27 , item 2878; N 41, item 4285; N 52 (part 1), item 5498; 2007, N 1 (part 1), item 34; N 17, item 1930; N 30, item 3808; N 41, item 4844; N 43, item 5084; N 49, item 6070; 2008, N 9, item 812; N 30 (part 1), item 3613; N 30 (part 2) ), item 3616; N 52 (part 1), item 6235, 6236; 2009, N 1, item 17, 21; N 19, item 2270; N 29, item 3604; N 30, item 3732, 3739; N 46, item 5419; N 48, item 5717; N 50, item 6146; 2010, N 31, item 4196; 52 (part 1), item 7002; 2011, N 1, 49) and subparagraph 5.2.65.2. Regulations on the Ministry of Health and Social Development of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 30, 2004 N 321 (Collected Legislation of the Russian Federation, 2004, N 28, Art. 2898; 2006, N 19, Art. 11 (part 1), item 1036; N 15, item 1555; N 23, item 2713; N 42, item 4825; N 46, item 5337; N 48, item 5618; 2009, N 3 ; item 378; N 2, item 244; N 6, item 738; N 12, item 1427, 1434; N 33, item 4083, 4088; N 43, item 5064; N 45, item 5350 ; 2010, N 4; item 394; N 11, item 1225; N 25, item 316; N 26, item 3350; N 31, item 4251; N 35, item 4574; N 52 (p. 1), article 7104; 2011, N 2, article 339; N 14, article 1935, 1944), I order:
1. Approve the procedure for attestation of workplaces for working conditions in accordance with the appendix.
2. To put into effect the Procedure for attestation of workplaces in terms of working conditions, approved by this order, from September 1, 2011.
3. Carrying out attestation of workplaces for working conditions before the entry into force of this order is carried out in accordance with the Procedure for attestation of workplaces for working conditions, approved by order of the Ministry of Health and Social Development of Russia dated August 31, 2007 N 569 "On approval of the procedure for attestation of workplaces for working conditions labor" (registered by the Ministry of Justice of Russia on November 29, 2007 N 10577). The results of certification of workplaces in terms of working conditions, carried out in accordance with the order of the Ministry of Health and Social Development of Russia dated August 31, 2007 N 569, are valid until the next certification of workplaces in terms of working conditions.
4. Recognize invalid from September 1, 2011 the order of the Ministry of Health and Social Development of Russia dated August 31, 2007 N 569 "On approval of the procedure for attestation of workplaces for working conditions" (registered by the Ministry of Justice of Russia on November 29, 2007 N 10577).
Minister T. Golikova
Application
The procedure for attestation of workplaces for working conditions
I. General provisions
1. The procedure for attestation of workplaces for working conditions (hereinafter referred to as the Procedure) establishes the requirements for attestation of workplaces for working conditions (hereinafter referred to as certification), registration and use of certification results.
The requirements of the Procedure apply to employers - legal entities and individuals (with the exception of employers - individuals who are not individual entrepreneurs) (hereinafter referred to as the employer), as well as organizations providing services for attestation of workplaces (hereinafter referred to as the attesting organization), regardless of their organizational and legal forms and forms of ownership.
2. Certification is carried out in order to assess working conditions at workplaces and identify harmful and (or) dangerous production factors.
3. The results of certification are used for the purposes of:
development and implementation of measures to bring working conditions in line with state regulatory requirements for labor protection;
establishment of employees engaged in hard work, work with harmful and (or) dangerous and other special working conditions, reduced working hours, annual additional paid leave, increased wages;
informing employees about working conditions in the workplace, about the existing risk of damage to health, about measures to protect against exposure to harmful and (or) dangerous production factors and relying on employees engaged in heavy work, work with harmful and (or) dangerous and other special conditions labor, compensation;
monitoring the state of working conditions in the workplace;
occupational risk assessment;
providing employees with personal protective equipment that has passed mandatory certification or declaration of conformity, as well as collective protective equipment;
preparation of statistical reporting on working conditions and compensation for work in harmful and (or) dangerous working conditions;
confirmation of compliance of the organization of work on labor protection with state regulatory requirements for labor protection;
preparation of contingents and a list of names of persons subject to mandatory preliminary (when entering a job) and periodic (during employment) medical examinations (examinations) of employees;
calculation of discounts (surcharges) to the insurance rate in the system of compulsory social insurance of employees against industrial accidents and occupational diseases;
resolving the issue of the relationship of the disease with the profession in case of suspicion of an occupational disease, as well as in establishing the diagnosis of an occupational disease;
consideration of issues and disagreements related to ensuring safe working conditions for employees;
sanitary and medical support for employees in accordance with the requirements of labor protection;
substantiation of labor restrictions for certain categories of workers;
bringing the names of positions (professions) into line with the names indicated in the All-Russian Classifier of Professions of Workers, Positions of Employees and Wage Categories;
justification for planning and financing measures to improve working conditions and labor protection at the employer, including at the expense of funds for compulsory social insurance against industrial accidents and occupational diseases;
collection and processing of information on the state of conditions and labor protection of employers.
4. All workplaces of the employer are subject to certification.
5. The attestation commission, created by the employer and functioning in accordance with Section II of the Procedure, has the right to make a reasoned decision not to measure and evaluate the factors of the working environment and the labor process (hereinafter referred to as measurements and assessments), if the implementation of these measurements and assessments threatens the safety of employees when performing by them of the main work or specialists of the certifying organization performing measurements and assessments. The specified reasoned decision is drawn up in writing, signed by the members of the attestation commission and attached to the attestation materials.
If a decision is made not to carry out measurements and assessments, the working conditions at these workplaces are classified as hazardous working conditions.
6. Responsibilities for ensuring the certification are assigned to the employer1.
Certification is carried out jointly by the employer and the certification organization involved by the employer to perform certification work on the basis of a civil law contract.
An attesting organization is a legal entity accredited in accordance with the established procedure2 as an organization providing attestation services and performing, on the basis of a civil law contract with an employer, measurements and assessments, as well as an assessment of the compliance of working conditions with state regulatory requirements for labor protection, carried out in accordance with section III Order, registration and preparation of a report on attestation.
The attesting organization must be an independent person in relation to the employer, at whose workplaces this attesting organization conducts attestation.
The employer has the right to attract several certification organizations to perform certification work. At the same time, certification work can be distributed between certification organizations both by the number of workplaces subject to certification, and by the types of work performed at these workplaces.
7. When conducting certification, the employer has the right to demand from the certification organization:
documentary confirmation of accreditation for the right to provide services in the field of labor protection in terms of certification of workplaces by providing a notification (copy of the notification) on the inclusion of the attesting organization in the register of organizations providing services in the field of labor protection;
carrying out measurements and assessments in accordance with the current regulatory legal acts.
During certification, the employer must:
assist the certifying organization in the timely and complete conduct of certification, provide the necessary information and documentation, provide oral and written explanations at the request of the certifying organization on issues related to the purposes of certification, and also request information necessary for certification from third parties;
not take deliberate actions aimed at narrowing the range of issues to be analyzed and assessed during certification, as well as at hiding (restricting access) to information and documentation on issues related to the goals of certification requested by the certification organization;
not to approve the attestation report containing the documents specified in paragraph 44 of Section V of the Procedure, not signed by representatives of the attesting organization that are members of the attestation commission.
During certification, the certifying organization:
determines the methods for carrying out measurements and assessments on the basis of the current regulatory legal acts and this Procedure, as well as the quantitative and personal composition of specialists conducting measurements and assessments;
examines in full the documentation related to the organization of work to ensure the requirements of labor protection at the employer, at whose workplace certification is carried out;
requests and receives from the employer (his representative) clarifications on issues that have arisen during the certification;
refuses to conduct attestation in the event that the employer fails to provide the necessary documentation or the employer refuses to provide the conditions required by the regulatory documentation for measurements and assessments.
When carrying out attestation, the attesting organization is obliged to provide, at the request of the employer, justifications for the conclusions made by the attesting organization based on the results of attestation.
8. The timing of certification is established by the employer based on the fact that each workplace must be certified at least once every five years.
The specified period is counted from the date of completion of the previous certification.
The start date of the next certification is the date of issuance of the employer's order on the approval of the composition of the certification commission and the certification schedule.
Certification of newly organized workplaces must be started no later than 60 working days after they are put into operation.
II. The procedure for preparing for the certification of workplaces for working conditions
9. To organize and conduct certification, the employer creates an certification commission, and also determines the schedule for the certification work.
10. The certification commission includes representatives of the employer, a labor protection specialist, representatives of the elected body of the primary trade union organization or other representative body of workers, representatives of the certification organization.
As representatives of the employer, the attestation commission may include heads of structural divisions of the organization, lawyers, personnel specialists, labor and wages specialists, chief specialists of the organization, medical workers and other employees.
When carrying out certification in organizations classified in accordance with the current legislation as micro-enterprises and small businesses, the certification commission includes the employer (his representative), representatives of the certification organization, representatives of the elected body of the primary trade union organization or other representative body of employees (if any), representatives organizations or a specialist engaged by the employer under a civil law contract to carry out the functions of the labor protection service (labor protection specialist).
The certification committee is headed by a representative of the employer.
11. The composition of the attestation commission, as well as the schedule for the attestation work, are approved by order of the employer.
12. Attestation commission:
carries out management and control over the certification at all its stages;
forms a set of regulatory legal and local regulations, organizational, administrative and methodological documents necessary for attestation, and organizes their study;
draws up a list of jobs subject to certification, a sample of which is provided for in Appendix No. 1 to the Procedure, with the allocation of similar jobs3 and an indication of the factors of the working environment and the labor process, the risk of injury and the provision of the employee with special clothing, special footwear and other personal protective equipment (hereinafter referred to as PPE) , which must be measured and evaluated 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, the requirements of regulatory legal acts, as well as the places where these measurements are taken;
prepares proposals to bring the names of professions and positions of employees in line with the requirements of the Unified Tariff and Qualification Guide for Works and Professions of Workers and the Unified Qualification Guide for Positions of Managers, Specialists and Employees4;
assigns a number to each workplace5;
fills in and signs attestation cards;
prepares proposals (if necessary) on introducing amendments and (or) additions to the employment contract in terms of the employer's obligation to provide the employee with PPE, establish an appropriate work and rest regime, as well as other guarantees and compensations established by law for working with harmful and (or) dangerous working conditions;
based on the results of certification, develops an action plan to bring working conditions in line with state regulatory requirements for labor protection6.
III. The procedure for assessing the compliance of working conditions with state regulatory requirements for labor protection
Assessment of compliance of working conditions with state regulatory requirements for labor protection
13. Assessment of compliance of working conditions with state regulatory requirements for labor protection includes:
assessment of compliance of working conditions with hygienic standards;
assessment of the injury risk of workplaces;
assessment of the provision of employees with PPE;
a comprehensive assessment of working conditions in the workplace.
Assessment of compliance of working conditions with hygienic standards
14. Assessment of the compliance of working conditions with hygienic standards is carried out by specialists of the certification organization.
15. During certification, all factors of the production environment and labor process available at the workplace, characteristic of the technological process and equipment used at this workplace, are subject to assessment.
The list of factors of the working environment and the labor process to be assessed is formed on the basis of state regulatory requirements for labor protection, the characteristics of the technological process and production equipment, the raw materials and materials used, the results of previous measurements of indicators of harmful and (or) hazardous production factors, as well as suggestions from employees .
16. Assessment of the compliance of working conditions with hygienic standards is carried out by instrumental measurements and assessments of the levels of factors of the production environment and the labor process in the course of the implementation of regular production (technological) processes and (or) regular activities of the organization.
When carrying out the assessment, the measurement methods provided for by the current regulatory enactments, as well as the measuring instruments verified in the prescribed manner, must be used.
17. Assessment of compliance of working conditions with hygienic standards is carried out in accordance with the criteria for assessing and classifying working conditions.
18. Measurements and assessments are drawn up in a protocol. Measurement and assessment protocols are drawn up for each factor to be assessed.
The protocol must contain the following information:
full or abbreviated name of the employer;
the actual address of the location of the employer;
identification number of the protocol7;
the name of the workplace, as well as the profession, position of the employee employed at this workplace, according to the All-Russian Classifier of Occupations of Workers, Positions of Employees and Wage Categories (hereinafter - OK 016-94);
date of measurements and assessments (their individual indicators);
name of the structural unit of the employer (if any);
the name of the certifying organization, information about its accreditation (registration number in the register of accredited organizations providing services in the field of labor protection, and the date of entry into the register), as well as information about the accreditation of the testing laboratory of the certifying organization (date and number of the accreditation certificate);
name of the measured factor;
information about the measuring instruments used (name of the device, tool, serial number, validity period and number of the verification certificate);
methods for carrying out measurements and assessments, indicating the regulatory documents on the basis of which these measurements and assessments are carried out;
details of regulatory legal acts (name of the type of act, name of the body that issued it, its name, number and date of signing) regulating maximum allowable concentrations (hereinafter referred to as MAC), maximum allowable levels (hereinafter referred to as MPC), as well as standard levels of the measured factor;
place of measurements, indicating the name of the workplace in accordance with the list of workplaces subject to certification, with the application, if necessary, of a sketch of the room in which measurements are taken, indicating the location of the equipment and drawing on it the point (s) of measurements (sampling);
normative and actual value of the level of the measured factor and the duration of its impact at all measurement sites;
class of working conditions for this factor;
conclusion on the actual level of the factor at all measurement sites, the final class of working conditions for this factor.
For each factor or group of factors, measurement and assessment protocols are drawn up for a separate workplace, which are an integral part of the Workplace Certification Card for working conditions (hereinafter referred to as the Card), the sample form of which is provided for in Appendix No. 2 to the Procedure, and Recommendations for filling out the Workplace Certification Card on working conditions - Appendix N 3 to the Order. At the same time, in the upper right corner of the protocols, the inscription "to line 030" is made. It is allowed to register the results of measurements and assessments for one specific factor or group of factors in one summary protocol for a group of workplaces. In this case (in the case of drawing up a protocol for measurement points), the names of workplaces (professions, positions), the duration of exposure to production factors, classes of working conditions and a conclusion on the actual levels of factors may not be included in the consolidated protocol. In this case, the table of the actual state of working conditions is additionally filled in the Map.
19. The protocol of measurements and assessments is signed by the specialists of the certifying organization who carried out them, as well as by the responsible official of the certifying organization and certified by the seal of the certifying organization.
Workplace injury risk assessment
20. Assessment of the injury risk of workplaces is carried out by specialists of the certification organization.
21. The objects of assessment of the injury risk of workplaces are:
production equipment;
fixtures and tools used in the implementation of technological processes;
Compliance of employee training on labor protection with the established requirements8.
22. The assessment of the injury hazard of workplaces is carried out for the compliance of the objects specified in clause 21 of the Procedure with labor protection requirements, failure to comply with which may lead to injury to workers, including:
requirements for protection against mechanical impacts;
requirements for protection against the effects of electric current;
requirements for protection against exposure to high or low temperatures;
requirements for protection against toxic effects of chemicals.
23. When assessing the injury hazard of production equipment, the presence and compliance with regulatory requirements is checked:
set of operational documentation;
means of protecting workers from the impact of moving parts of production equipment, as well as flying objects;
fencing of elements of production equipment, the damage of which is associated with the occurrence of danger, including the presence of clamps, interlocks, sealing and other elements;
signal coloring and safety signs;
signaling devices for violations of the normal functioning of production equipment, means of emergency stop, including the presence of devices that make it possible to exclude the occurrence of dangerous situations in the event of a complete or partial interruption of power supply and its subsequent restoration, as well as damage to the power supply control circuit (spontaneous start-up upon restoration of power supply, failure to execute an already issued command to stop );
protection of electrical equipment, electrical wiring from various kinds of influences.
24. Assessment of the injury risk of production equipment is carried out by analyzing technical documentation containing safety requirements for the performance of work, external inspection of production equipment during normal operation for compliance with its condition with the requirements of current regulatory legal acts on labor protection.
25. The assessment of the injury risk of tools and devices is carried out by external examination and verification of the compliance of their condition with the requirements of regulatory legal acts on labor protection.
26. When assessing the injury hazard of production equipment, as well as tools and fixtures, the availability of certificates or declarations of compliance with safety requirements may also be checked.
27. The results of the assessment of the injury risk of the workplace are documented in the protocol for assessing the injury risk of the workplace, a sample of which is provided in Appendix No. 4 to the Procedure.
When assessing the injury hazard of workplaces that have facilities controlled by federal executive authorities authorized to conduct state supervision and control in the established field of activity, the protocols for assessing the injury hazard of workplaces should additionally indicate the presence of the necessary permits for the commissioning of production equipment and (or) its individual components. parts into operation, passing technical examinations.
The protocol for assessing the injury hazard of the workplace is signed by the specialists of the certifying organization who carried out the assessment, as well as by the responsible official of the certifying organization and certified by the seal of the certifying organization.
28. According to the results of the injury risk assessment, working conditions are classified as follows:
1 class of injury risk - optimal (no non-compliance with labor protection requirements has been identified at the workplace; work related to the repair of production equipment, buildings and structures, high-risk work and other work requiring special training in labor protection, or there is no production equipment and tool)
2nd class of injury risk - acceptable (at the workplace, not a single non-compliance with labor protection requirements has been identified; work is being carried out related to the repair of production equipment, buildings and structures, high-risk work and other work requiring special training in labor protection; production equipment is operated with an exceeded service life (depleted resource), however, this is not prohibited by special safety requirements for this equipment; damage and (or) malfunctions of protective equipment have been identified that do not reduce their protective functions);
3rd class of injury hazard - dangerous (one or more non-compliance with labor protection requirements was revealed at the workplace).
Assessment of the provision of workers with special clothing, special footwear and other means
personal protection
29. The assessment of the provision of PPE employees is carried out by specialists of the certification organization.
30. An assessment of the provision of PPE employees is carried out if there are results of an assessment of the compliance of working conditions with hygienic standards and an assessment of the injury risk of the workplace.
31. The assessment of the provision of PPE employees is carried out through the consistent implementation of the following procedures:
comparison of the range of actually issued PPE with the corresponding standard norms for the free issue of PPE to employees;
checking the availability of certificates (declarations) of compliance with PPE issued to employees;
verification of the established procedure for providing employees with PPE9;
assessing the compliance of the issued PPE with the actual state of working conditions at the workplace.
32. The assessment of the provision of PPE workers at the workplace is documented by a protocol for assessing the provision of PPE workers at the workplace, a sample of which is provided for in Appendix No. 5 to the Procedure, except for cases when the issuance of PPE is not provided for by the standard norms for the free issue of PPE to employees and is not required by the actual state of conditions labor.
33. When assessing the availability of PPE for employees, an additional assessment of the effectiveness of the PPE issued to the employee10 can be carried out.
34. The workplace is considered to meet the requirements for the provision of employees with PPE, subject to the requirements of this section of the Procedure. In the presence of one or more non-compliances, the workplace is considered not to meet the requirements for providing employees with PPE.
35. The protocol for assessing the provision of workers with PPE at the workplace is signed by the specialists of the certification organization who conducted the assessment, as well as the responsible officer of the certification organization and is certified by the seal of the certification organization.
Comprehensive assessment of the state of working conditions at the workplace
36. A comprehensive assessment of the state of working conditions at the workplace includes the results of assessments:
a class (subclass) of working conditions established based on the results of an assessment of the compliance of working conditions with hygienic standards;
class of working conditions according to injury risk;
provision of workers with PPE.
37. If the working conditions at the workplace comply with hygienic standards, if the assessment of the injury risk of the workplace does not reveal non-compliance with the requirements of labor protection and the compliance of the workplace with the requirements for the provision of workers with PPE, the workplace is recognized as certified with a comprehensive assessment of working conditions "complies with state regulatory requirements for labor protection".
38. If the working conditions at the workplace do not comply with hygienic standards and (or) when assessing the injury risk of the workplace, the workplace does not meet the requirements of labor protection, and (or) does not meet the requirements for providing employees with PPE, the workplace is recognized as certified with a comprehensive assessment of working conditions "does not comply with state normative requirements of labor protection".
39. When classifying working conditions at the workplace as hazardous working conditions, the employer immediately develops and implements a set of measures aimed at reducing the level of exposure to hazardous factors in the working environment and the labor process or at reducing the time of their exposure.
IV. Features of the certification of certain types of jobs
40. Assessment of harmful and (or) hazardous production factors at similar workplaces is made on the basis of data obtained during the certification of 20% of such workplaces from the total number of workplaces (but not less than two).
If at least one job that does not meet the criteria of similarity is identified, 100% of these jobs are evaluated. After this assessment, a new list of jobs is determined, taking into account the results of measurements and assessments. For similar jobs, one job attestation card for working conditions is filled out, a sample of which is provided for in Appendix No. 2 to the Procedure.
Working conditions and measures to improve them, established for at least one workplace out of 20% of similar workplaces, are the same for all similar workplaces.
41. Certification with territorially changing work areas (hereinafter referred to as non-stationary jobs), where the work 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, is carried out by preliminary determination of typical technological operations with a 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), by interviewing employees and their immediate supervisors.
42. When performing work at the workplace that is not contained in the qualification characteristics of a particular profession (position), but included by the order of the employer or the employment contract in the job duties of an employee of this profession (position), all types of work performed by the employee at this workplace are subject to assessment.
43. Peculiarities of attestation are established by the local regulatory act of the employer, developed on the basis of the Procedure, agreed with the primary trade union organization or other representative body of the employee.
V. The procedure for processing the results of attestation of workplaces in terms of working conditions
44. The results of the attestation are drawn up by the attestation commission in the form of an attestation report, to which are attached:
an order to create an attestation commission and approve the schedule for the attestation work;
a list of jobs subject to certification in terms of working conditions, a sample of which is provided for in Appendix No. 1 to the Procedure;
workplace attestation cards for working conditions, a sample of which is provided for in Appendix No. 2 to the Procedure, drawn up in accordance with the Recommendations for filling out a workplace attestation card for working conditions in accordance with Appendix No. 3 to the Procedure, with protocols of measurements and assessments;
a summary sheet of the results of attestation of workplaces in terms of working conditions, a sample of which is provided for in Appendix No. 6 to the Procedure;
a summary table of classes of working conditions established based on the results of attestation of workplaces in terms of working conditions, compensations that must be established in this regard for employees, a sample of which is provided for in Appendix No. 7 to the Procedure;
an action plan to improve and improve working conditions11, a sample of which is provided for in Appendix No. 8 to the Procedure;
minutes of the meeting of the attestation commission based on the results of attestation of workplaces in terms of working conditions (final), a sample of which is provided for in Appendix No. 9 to the Procedure;
information about the certifying organization, a sample of which is provided for in Appendix No. 10 to the Procedure, with a copy of the documents for the right to carry out measurements and assessments by the certifying organization (accreditation certificate with an appendix establishing the scope of accreditation of the testing laboratory; copies of the notice of inclusion in the register of accredited organizations providing services for attestations);
minutes of meetings of the attestation commission;
conclusion(s) based on the results of the state examination of working conditions (if any);
order (s) of officials on the identified violations of the Procedure (if any).
The attestation commission considers the attestation report within ten calendar days from the date of its receipt, signs the minutes of the meeting of the attestation commission based on the results of attestation of workplaces for working conditions (final) and transfers it along with the attestation report to the employer (his representative).
The employer, within ten working days from the date of receipt of the specified protocol and the attestation report, signs an order to complete the attestation and approve the attestation report, and also acquaints the employee with the results of the attestation of his workplace against signature.
45. After the certification, the employer, within 10 calendar days from the date of issuance of the order to complete the certification and approve the certification report on paper and electronic media, sends a summary sheet of the results of certification of workplaces for working conditions, as well as information about the certification organization to the state labor inspectorate in subject of the Russian Federation.
46. The documents specified in paragraph 45 of the Procedure, on electronic media, are transferred in the prescribed manner by the certifying organization to the federal system for collecting, processing and storing data.
Certification reports are kept by the employer within the time limits established by the legislation of the Russian Federation. The place and order of storage of reports is determined by the employer.
VI. The procedure for conducting unscheduled certification of workplaces for working conditions
47. Unscheduled certification is carried out:
in case of commissioning of newly organized workplaces;
according to the results of the state examination of working conditions, conducted in order to assess the quality of certification.
48. The employer is obliged to conduct an unscheduled certification also in the following cases:
implementation of measures to bring working conditions in line with state regulatory requirements for labor protection, as well as measures to improve working conditions;
replacement of production equipment;
technological process changes;
changes in the means of collective protection.
49. The results of unscheduled certification are drawn up in accordance with paragraphs 44 - 46 of the Procedure. At the same time, a new attestation card is issued for each workplace, taking into account changes and additions.
50. In the case of the commissioning of newly organized workplaces, the assessment of the factors of the production environment and the labor process, the assessment of the injury hazard of the workplace and the provision of workers with PPE are carried out in full in accordance with the Procedure.
51. In the event that, based on the results of the state examination of working conditions, conducted in order to assess the quality of certification, non-compliance of certification materials with state regulatory requirements, the certification commission develops and implements a set of measures to bring the certification materials in line with the expert opinion.
VII. Final provisions
52. Responsibility for the certification, reliability and completeness of the provision of information to the state labor inspectorate in the constituent entity of the Russian Federation rests with the employer. Responsibility for the reliability of measurements and assessments rests with the employer and the certifying organization.
53. State supervision and control over compliance by the employer with this Procedure is carried out by the federal executive body authorized to supervise and control compliance with labor legislation and other regulatory legal acts containing labor law norms, and its territorial bodies (state labor inspectorates in the constituent entities of the Russian Federation ).
54. The state examination of working conditions in order to assess the quality of certification is carried out 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, and by the executive authorities of the constituent entities of the Russian Federation in the field of labor protection in the manner prescribed by law.
55. Control over compliance by employers with the Procedure in subordinate organizations is carried out in accordance with Articles 353 and 370 of the Labor Code of the Russian Federation by federal executive authorities, executive authorities of the constituent entities of the Russian Federation and local governments, as well as trade unions, their associations and those under their jurisdiction technical labor inspectors and authorized (trusted) persons for labor protection.
1 Article 212 of the Labor Code of the Russian Federation (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2002, N 1 (part 1), art. 3; 2004, N 35, art. 3607; 2006, N 27, art. 2878; 2008, N 30 ( part 1), article 3613; 2009, N 1, article 21).
2 Order of the Ministry of Health and Social Development of Russia dated April 1, 2010 N 205n "On approval of the list of services in the field of labor protection, the provision of which requires accreditation, and the Rules for the accreditation of organizations providing services in the field of labor protection" (registered by the Ministry of Justice of Russia on June 29, 2010 N 17648), as amended by the order of the Ministry of Health and Social Development of Russia dated September 10, 2010 N 794n "On Amendments to the Order of the Ministry of Health and Social Development of Russia dated April 1, 2010 N 205n" On approval of the list of services in the field of labor protection, for the provision of which accreditation is required, and rules for accreditation of organizations providing services in the field of labor protection" (registered by the Ministry of Justice of Russia on October 4, 2010 N 18605).
3 Similar jobs for the purposes of the Procedure are jobs that are characterized by a combination of the following features: professions or positions of the same name; performance of the same professional duties while maintaining the same type of technological process in the same mode of operation; use of the same type of production equipment, tools, fixtures, materials and raw materials; work in one or more similar premises or outdoors; use of the same type of ventilation, air conditioning, heating and lighting systems; the same location of objects (production equipment, vehicles, etc.) in the workplace; the same set of harmful and (or) hazardous production factors of the same class and degree; equal provision of personal protective equipment.
4 Decree of the Government of the Russian Federation of October 31, 2002 N 787 "On the procedure for approving the Unified Tariff and Qualification Directory of Works and Professions of Workers, the Unified Qualification Guide for the Positions of Managers, Specialists and Employees" (Collected Legislation of the Russian Federation, 2002, N 44, art. 4399; 2003, N 52 (part.
2), art. 5066).
5 Each workplace is assigned a unique serial number (no more than 8 characters: from 1 to 99 999 999).
6 The action plan to bring working conditions in line with the state regulatory requirements for labor protection indicates the sources of financing for measures, the timing of their implementation, performers and eliminated harmful and (or) hazardous production factors for specific jobs.
7 The protocol identification number must be unique for a given workplace. The protocol coding system is determined by the certifying organization.
8 Decree of the Ministry of Labor of Russia and the Ministry of Education of Russia dated January 13, 2003 N 1/29 "On approval of the Procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations" (registered by the Ministry of Justice of Russia on February 12, 2003 N 4209).
9 Order of the Ministry of Health and Social Development of Russia of June 1, 2009 N 290n "On approval of the Intersectoral Rules for Providing Workers with Special Clothing, Special Footwear and Other Personal Protective Equipment" (registered by the Ministry of Justice of Russia on September 10, 2009 N 14742), as amended by the order of the Ministry of Health and Social Development of Russia dated January 27, 2010 N 28n (registered with the Ministry of Justice of Russia on March 1, 2010, N 16530).
10 The effectiveness of the PPE issued to the employee is confirmed by the fulfillment of the requirements of labor safety standards, which define a set of measures to ensure the effective use of PPE in the workplace.
11 The action plan for improving and improving working conditions is signed by the chairman of the attestation commission and, after agreement with the labor protection committee (commission), trade union or other representative body authorized by employees, is submitted to the employer for approval.
Appendix N 3 to the Procedure
1. The Workplace Appraisal Card for working conditions (hereinafter referred to as the Card) is a document containing information about the actual working conditions at the workplace, applied compensation, as well as recommendations for improving and improving working conditions at a given workplace or a group of similar workplaces.
2. For all similar workplaces of the same name, one card is drawn up for the first workplace from the list of similar places.
3. When filling out the card, indicate:
1) in the address part - the full name, actual and legal address of the employer, last name, first name, patronymic of the head, telephone, fax, e-mail address, TIN of the organization, organization code according to OKPO, code of the state authority according to OKOGU, code of the type of economic activity according to OKVED and area code according to OKATO;
2) in the interlinear "name of the profession (position) of the employee" - the profession (position) of the employee in accordance with the organization's staffing table approved by the employer. Codes of professions (positions) of employees are filled in in accordance with OK 016-94. The profession (position) code may contain an additional facet indicating that this profession (position) is a derivative.
In the absence of a profession (position) in OK-016-94, in the subline of the line "code according to OK-016-94" the entry is made: "None".
To the name of the profession (position) it is allowed to add clarifying information in brackets to facilitate the identification of the workplace;
3) in the line "Name of the structural unit" - the name of the structural unit, which is filled in in accordance with the naming system available to the employer. If the employer does not have structural divisions, a record is made - "Absent";
4) in the line "Number and numbers of similar jobs ("PM")" - the number of similar jobs, including the job for which the Card is filled out. The numbers of workplaces must correspond to the numbers given in the list of workplaces;
5) in line 010 - the number and name of the issue of the Unified Tariff and Qualification Handbook of Works and Professions of Workers (ETKS), as well as the name of the section of the Unified Qualification Handbook for the Positions of Managers, Specialists and Employees (EKS);
6) in line 020 - the number of employees according to the staff list or the actual number of employees for the month preceding the completion of the Card, indicating women and persons under 18 years of age;
7) in line 021 - a list of equipment, materials and raw materials used at the workplace;
8) in line 030 - information on the assessment of working conditions (based on the results of the assessment of working conditions in terms of the degree of harmfulness and danger of factors in the working environment and the labor process, in terms of injury risk, in terms of the provision of workers with PPE):
in the table to subparagraph "a" "according to the degree of harmfulness and danger of factors of the working environment and the labor process":
In the column "Name of the factors of the working environment and the labor process" the factors of the working environment (chemical, biological, physical) and the labor process (severity, tension) are indicated;
The column "Class of working conditions" contains the final assessments of the factors of the production environment and the labor process inherent in the corresponding workplace from the relevant protocols of instrumental measurements.
With the effective use of personal protective equipment, an assessment of the factors of the working environment (chemical, biological, physical) and the labor process (severity, tension) is indicated, taking into account the use of effective PPE that meets the requirements of state standards that determine methods for assessing the effectiveness of the use of PPE.
In the subline "Work is performed in special working conditions or work is performed in special working conditions associated with the presence of emergency situations", the entry "yes" is made if work is performed at the workplace in special working conditions or work is performed at the workplace in special working conditions, associated with the presence of emergency situations, the entry "no" - if the above work is not performed;
in the interlinear subparagraph "b" "in terms of injury risk" the class of injury risk from the protocol for assessing the injury risk of workplaces is indicated;
in the interlinear of subparagraph "c" "on the provision of PPE" the assessment from the protocol for assessing the provision of workers with PPE at the workplace is indicated - whether they correspond or do not correspond to the requirements for the provision of workers with PPE;
9) in line 040 - information on compensation to employees for hard work, work with harmful and (or) dangerous and other special working conditions.
The table indicates the actual data and data on the need to provide compensation based on the results of the assessment of working conditions with the appropriate justification:
in the column "Types of compensation" the name of the compensation provided to employees employed in work with harmful and (or) dangerous working conditions is indicated;
the column "Actual Availability" contains the actual amounts of wage increases, annual additional paid leave, working hours (if any), and also reflects the fact that milk or other equivalent food products ("yes" or "no") are given to employees employed in hard work, work with harmful and (or) dangerous and other special working conditions; in the absence of compensation, the entry "no" is made;
the column "Based on the results of the assessment of working conditions" provides data on the need to establish compensation for employees employed in work with harmful and (or) dangerous working conditions, as well as the basis for providing compensation:
The first tier "need to establish compensation" of the column reflects the need to provide appropriate compensation and an entry "yes" or "no" is made;
In the second tier "base" of the column, the relevant current regulatory legal acts are indicated with reference to sections, chapters, articles, paragraphs, in their absence, the entry "absent" is made.
Compensations established by the current regulatory legal acts for certain categories of employees, as well as for the performance of certain types of work that take into account the specifics of the working conditions of such work, including in areas with special climatic conditions, are retained by the employee, regardless of the actual assessment of working conditions and are entered in the line 040;
10) in line 041 - information about the right to early appointment of a labor pension, the entry "no" or "yes" is made indicating the chapter, article, paragraph of the Federal Law of December 17, 2001 N 173-FZ "On labor pensions in the Russian Federation "(Collected Legislation of the Russian Federation, 2001, N 52 (part 1.), Art. 4920; 2002, N 30, Art. 3033; 2003, N 1, Art. 13; 2004, N 27, Art. 2711; N 35, item 3607; 2005, N 8, item 605; 2006, N 23, item 2377, 2384; 2007, N 40, item 4711; N 45, item 5421; N 49, item 6073; 2008 , N 18, item 1942; N 30 (part 1), items 3602, 3612; N 52 (part 1), item 6224; 2009, N 1, item 27; N 18 (part 1) 2152; N 26, item 3128; N 29, item 3265; N 30, item 3739; N 52 (part 1), item 6454; 2010, N 31, item 4196) and normative legal acts of the Government of the Russian Federation.
If the right to preferential pension provision is established by the Decree of the Cabinet of Ministers of the USSR of January 26, 1991 N 10 "On approval of the lists of industries, jobs, professions, positions and indicators giving the right to preferential pension provision" (Collection of Resolutions of the Union of Soviet Socialist Republics, 1991, N 21-22, article 85; N 25-26, article 100), then the list number, type of production, type of work, profession (position) code in the list are indicated;
11) in line 050 - information on the need for medical examinations, indicating the relevant regulatory legal acts with reference to sections, chapters, articles or paragraphs, if necessary, conducting these examinations;
13) in line 070 - the conclusion of the attestation commission based on the results of attestation of this workplace.
The card is signed by the chairman, members of the attestation commission indicating their position. The card is also signed by employees working at this workplace.
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 greater the amount 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 for 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 organizations that have accreditation, 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 any).
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 dangerous 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 hazardous 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 occurs at a workplace recognized as safe, or an occupational disease is detected in an employee, then an unscheduled special assessment will need 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- this is a set of measures to assess working conditions at the workplace of an employer organization in order to identify harmful and dangerous production factors and take measures to bring working conditions in line with the norms of legislative acts that establish the relevant state regulatory requirements.
All workplaces of the employer organization are subject to certification of workplaces.
At the same time, the employer organization must be registered as an individual entrepreneur or in accordance with the requirements of the current legislation.
Certification of workplaces is carried out by the head of the company together with the certification organization involved in work under a civil law contract.
An attesting organization can only be a duly accredited legal entity that has the right to provide assessment services.
jobs according to working conditions.
In this case, the certifying organization must be an independent organization in relation to the organization - the employer, which evaluates jobs in terms of working conditions.
Why do you need job certification?
Certification of workplaces is carried out to separate all production factors according to the degree of negative impact on human health into classes and subclasses.
This division is of great importance.
Thus, employees employed in the labor process with negative working conditions can count on a reduction in the length of service in order to assign a pension and receive benefits.
Goals of workplace certification
Certification of workplaces allows you to give a full assessment of each workplace.
The objectives of workplace certification are the following:
assessment of the degree and level of how the factors of the working environment affect the employee;
identification of the severity and intensity of individual production cycles on the health status of an employee;
determination of the level of injuries and safety of the workplace;
determination of the security of each employee with overalls, in life-threatening areas of work.
The result of such an assessment is the completion of a certification card, which is taken as the basis for the development of measures to reduce injuries at the enterprise.
Who is assessed working conditions
Special certification of workplaces applies to all categories of employers.
These include:
legal entities regardless of the type of ownership;
commercial firms;
budget institutions;
individual entrepreneurs with at least one employee in the state.
Only individual entrepreneurs who do not have employees are not subject to such a procedure.
The procedure for certification of workplaces
The process of determining the level of hazardous work can be carried out in several ways:
1. Conducted at the expense of the employer. This procedure is used by large enterprises.
2. The whole range of works is carried out by a third-party company, which is responsible for certification of work places. It must be certified and have the appropriate license.
3. Conducted by joint forces. Financial and preparatory work is carried out by specialists of the audited organization, and measurements are performed by a third-party company.
The whole process of a special assessment of jobs can be represented in the form of several stages:
1. The preparatory stage, which consists in preparing for the work.
2. The main stage, which consists in the verification itself.
3. The final stage, the development of final documents with records of the results of all studies.
4. Evaluation of the results obtained during the procedure.
5. Preparation for certification of the organization based on the results of the audit.
Let's consider each stage in more detail.
Preparation
The head of the organization, which is subjected to a special assessment of workers, appoints the chairman of the commission.
The chairman of the commission, in turn, forms the commission.
Basically, a person responsible for labor protection at work is appointed to the position of chairman, this may be an occupational safety engineer (OT).
In any firm or organization, the certification committee includes:
-
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