Gives certification of workplaces. New realities of workplace certification. List of standard documents

Certification of workplaces for working conditions is mandatory procedure for all employers. Evasion of it entails the onset of administrative responsibility. When carrying out certification, it is important to observe all stages of the procedure and take into account many nuances.

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What it is?

Attestation of working conditions is a series of activities, aimed at identifying harmful, hazardous production factors at the enterprise.

If such problems are detected during certification, the leaders of the organization have the opportunity to take measures to bring the working conditions of employees in accordance with existing state standards.

Certification must be carried out at regular intervals - once every 5 years. Are subject to examination all, without exception, workplaces in the organization.

During the certification, the employer is checked for the following basic conditions of organization labor activity employees:

Take a look detailed video about certification of workplaces:

Legislative regulation

At the moment, in the legislation, the generally accepted term "certification of workplaces" has been replaced with a new concept - SOUT (special assessment of working conditions)... The term is used in professional circles, but in practice the concept of "certification of workplaces" is still used.

The main legislative act regulating the issue of attestation, is № 426-ФЗ "On special assessment of working conditions". According to this law, every employer must carry out systematic certification of workplaces in order to identify possible violations, dangerous and harmful factors.

Such checks allow improve security workers and improve their working conditions.

Who is undergoing the procedure?

Certification is aimed at assessing the organization of work in a particular enterprise, for this reason officials are responsible for the results of the audit, whose responsibilities include ensuring proper working conditions in the organization.

With a small number of employees (less than 50 people), the following can be responsible for labor protection:

• Head of the organization;
• another authorized employee;
• organization or specialist in labor protection cooperating with the employer under a civil law contract.

Enterprises with more than 50 employees must create separate labor protection service, or, at a minimum, the position of an occupational safety specialist has been introduced.

By default, the responsibility for labor protection is assigned to the direct the head of the organization... If we are talking about an individual entrepreneur, then the person in charge automatically becomes himself individual entrepreneur.

Who conducts the certification?

Certification is carried out by the employer himself with the assistance of the certifying organization. The certification organization is a legal entity accredited to conduct this kind of checks.

The fact of cooperation between the parties is confirmed by the prisoner bilateral civil contract... On the basis of this agreement, a legal entity for a certain remuneration makes all the necessary measurements, as well as an assessment of the working conditions of employees.

Based on the check, the conclusion is drawn on the compliance of working conditions in the organization with existing state standards, on the presence of violations, or dangerous and harmful production factors.

The organization involved in cooperation must have nothing to do with the employer. That is to be completely independent in their research.

The law does not prohibit the involvement of several third party organizations... In this case, the employer can distribute between them a certain amount of jobs, or divide the range of work performed on the basis of the contract.

To carry out the procedure, the employer creates an attestation commission, which includes:

Heads the commission employer's representative. The composition of the commission, as well as the schedule of work, are approved by order of the employer.

Functions attestation commission:

• management process;
• implementation control for work;
• package formation documents required for the procedure;
• making a list jobs to be checked;
• holding special events aimed at study of working conditions(determining the presence of harmful factors in production, measuring the level of injury, determining whether workers have special clothing, studying the composition of equipment and raw materials, comparing the indicators obtained with those of past inspections, etc.);
• assignment of numbers workplaces;
• filling in cards certification;
• signing kart;
• preparation proposals for changes, or additions to employees;
• grade the results obtained;
• development of an action plan aimed at increasing the level of labor protection.

Procedure steps

The process begins with the creation of an attestation commission with an odd number of members. The employer approves the work schedule of the commission and the list of planned activities.

Main steps:

There are 4 main classes of working conditions in production:

1. optimal(normal conditions corresponding to existing standards);
2. admissible(insignificant effect on the body, which manifests itself exclusively in the workplace and disappears after leaving the workplace);
3. harmful(the impact on the health of employees of unfavorable working conditions can lead to occupational diseases that cause partial or complete disability);
4. dangerous(high probability of occurrence of occupational diseases, injury, or a threat to life).

Certification card and other documents

Attestation card - a document that contains information about actual working conditions at the workplace, on the availability of compensation, on the recommended measures to improve the situation.

If there is a certain amount similar jobs a single attestation card is drawn up for all these objects. The document is drawn up on workplace, which is the first in the list of similar jobs.

Sample workplace attestation card (clickable):

The completed card contains the following required information:

• Complete Name, the details of the employer.
• Employee position in accordance with. The specified profession must correspond to the name in all-Russian classifier... If the required position in the classifier is absent, a corresponding entry is made.
• The name of the structural unit... If the employer does not have structural units, a corresponding entry is made.
• Number of similar jobs.
• Number of employees according to the staffing table, indicating separately the number of women, minor citizens.
• Equipment list, materials, devices, raw materials used in the workplace.
• Assessment of working conditions(according to the degree of harm, danger).
• Description of the production environment(chemical factors, biological factors, etc.).
• Description of the labor process(severity, intensity).
• Final grades working environment conditions, labor process (based on measurements).
• Class injury risk.
• Provision of PPE employees(personal protective equipment).
• Compensation details(for hard work, for work with harmful, hazardous working conditions): the name of existing compensations, the actual amount and procedure for calculating payments, the need to assign compensation to employees.
• The need for medical examinations .
• Recommendations to improve conditions, change the mode of work, organization of rest.
• Recommendations for selection of workers.
• Commission conclusion at the surveyed workplace.

The card is signed the chairman of the commission, its members. Also, the document is signed by a citizen working in this place.

The attestation card is drawn up based on the results of the surveys carried out. All instrumental measurements are recorded in protocols. Forms of documents are established regulations.

The following protocols exist:

• protocol for determining the severity and intensity of the labor process;
• workplace injury safety assessment protocol;
• a protocol for assessing the provision of workers with personal protective equipment.

Test results

At the end of the check, final report for certification of workplaces. The following information is attached to the report:

Maximum 30 working days after receiving the verification results the employer is obliged to announce the results obtained to the staff and place information in the public domain (for example, on the organization's website).

After that it is necessary take appropriate measures, aimed at eliminating the identified violations, improving working conditions, reducing the level of harm and danger at work, assigning the required compensation to employees, etc.

After the approval of the report (on paper, electronic media) and the signing of the order for the completion of the inspection, the employer obliged within 10 calendar days from the date of signing the order, send to the territorial representation of the state summary sheet and information about the certifying organization.

In what case is the workplace recognized as certified:

• no harmful and dangerous working conditions;
• injury safety requirements are met;
• conditions meet hygienic standards.

Workplaces belonging to the 3rd class of working conditions (harmful) are usually conditionally certified... At the same time, the class is indicated and proposals for improving the workplace are made.

The place is considered not certified when it belongs to the 4 (hazardous) class of working conditions. This rate is subject to liquidation or complete restructuring.

Nuances

An independent organization accredited to carry out inspections of this kind, may refuse to cooperate with a specific employer.

Refusal may be received due to the unwillingness of the employer provide experts with the necessary regulations , or due to the unwillingness or unwillingness of the employer to provide experts with adequate conditions for the measurements and evaluations.

How many years are the certification results valid? Each workplace must be assessed at least once every 5 years... The moment of the last check is the date of completion of the last certification of the given workplace. The date of the start of a new inspection is the day the employer issues an order on the creation of a commission and approval of the commission's work schedule.

Thus, the validity period of the attestation documents is 5 years.

New workplaces must be certified within 60 days from the date of their organization.

Cost and penalties

The average cost of the certification procedure for one workplace varies from 1000 to 3500 rubles... The amount depends on the number of required procedures, measurements and assessments that must be made when certifying a specific workplace.

There are the following administrative penalties for lack of certification:

Repeated violation of the legislation on the need for attestation may lead to a significant increase in the amount of the fine and the extension of the suspension of activities. The head of the enterprise, who repeatedly violated the law, may be for a long time disqualified from leadership positions(from 1 to 3 years old).

Thus, workplace certification is mandatory procedure, which every employer must produce within the time frame established by law. To carry out the inspection, a special commission is created that checks the working conditions of employees and identifies possible violations.

Results sent to authorized bodies, and the employer organizes measures to eliminate the identified violations and improve working conditions in the organization.

SOLUTIONS TO PERSONNEL ISSUES

OCCUPATIONAL SAFETY AND HEALTH

CERTIFICATION OF JOBS BY WORKING CONDITIONS

• General provisions on certification of workplaces for working conditions
• Certifying organization
• Certifying commission
• Conducting certification of workplaces for working conditions
• Registration of the results of certification of workplaces for working conditions

GENERAL PROVISIONS ON WORKPLACE CERTIFICATION

BY LABOR CONDITIONS

1. Terms of certification of workplaces for working conditions

2. Order on the conduct of workplaces on working conditions

The Constitution of the Russian Federation establishes the right of every employee to work in conditions that meet the requirements of safety and hygiene (clause 3 of article 37).

Labor legislation imposes duties on ensuring safe conditions and labor protection on the employer (part 1 of article 212 of the Labor Code of the Russian Federation). In particular, he is obliged to carry out certification of workplaces for working conditions with subsequent certification (part 2 of article 212 of the Labor Code of the Russian Federation).

Attestation of workplaces for working conditions (hereinafter - attestation) is an assessment of working conditions at workplaces in order to identify harmful and (or) hazardous production factors and bring working conditions in line with state regulatory requirements (part 12 of article 209).

Certification is carried out in accordance with the procedure established by the federal body executive power performing functions for the development public policy and legal regulation in the field of labor (part 12 of article 209 of the Labor Code of the Russian Federation). These functions are assigned to the Ministry of Health and Social Development of Russia in accordance with clause 1 of the Regulation on the Ministry of Health and social development RF (approved by Decree of the Government of the RF dated 30.06.2004 N 321).

Requirements for certification, registration and use of its results are established by the Procedure for certification of workplaces for working conditions (approved by Order of the Ministry of Health and Social Development of Russia dated 04.26.2011 N 342n, hereinafter - the Procedure for attestation). The requirements of this Procedure apply to employers - legal and individuals(with the exception of employers - individuals who are not individual entrepreneurs), as well as organizations that provide services for the certification of workplaces (hereinafter - the certification organization), regardless of their organizational and legal forms and forms of ownership (clause 1 of the Procedure for certification ).

1. TERMS OF CONDUCTING THE CERTIFICATION OF WORKPLACES BY WORKING CONDITIONS

Depending on the timing, it can be either regular or unscheduled.

Dates of thenext certificationestablished by clause 8 of the Procedure for attestation - at least once every five years. The five-year period is counted from the date of completion of the previous certification, namely from the date of signing by the employer of the order on completion of certification and approval of the certification report (clause 44 of the Certification Procedure). The date of publication of the order of the employer on the approval of the composition and schedule of certification is taken as the date of the beginning of the next certification.

It should be noted that the results of certification of workplaces for working conditions, carried out in accordance with the Order of the Ministry of Health and Social Development of Russia dated 31.08.2007 N 569, are valid until the next certification. This is established by clause 3 of the Order of the Ministry of Health and Social Development of Russia of 04/26/2011 N 342n "On approval of the Procedure for certification of workplaces for working conditions."

Unscheduled certificationis carried out in the following cases (clauses 47, 48 of the Certification Procedure):

- upon commissioning of newly organized workplaces (in accordance with clause 8 of the Certification Procedure no later than 60 working days after commissioning);

- according to the results of the state examination of working conditions, carried out in order to assess the quality of the certification;

- when taking measures to bring working conditions in line with state regulatory requirements for labor protection, as well as to improve working conditions;

- when replacing production equipment;

- when it changes technological process;

- when changing the means of collective protection.

2. ORDER ON CONDUCTING CERTIFICATION OF WORKPLACES BY WORKING CONDITIONS

To organize and conduct certification, the employer must issue an order (clause 11 of the Procedure for conducting certification). Unified form the order for attestation is not established by law, therefore it is drawn up in any form.

The order must include the following information:

- on the composition of the attestation commission (for more details, see clause 1 "Composition of the attestation commission" of this material);

- about the chairman of the attestation commission, who must be a representative of the employer (clause 10 of the Attestation Procedure);

- about the period of certification.

In addition, a schedule of attestation work must be drawn up in any form and either included in the text of the order, or added as an appendix to the order.

It is necessary to familiarize all members of the certification commission, as well as other persons specified in the order, with the order to conduct certification.

CERTIFIED ORGANIZATION

Clause 6 of the Attestation Procedure stipulates that attestation is carried out jointly by the employer and the attesting organization on the basis of a civil law contract. An employer can conclude a contract for the performance of certification work with several certification organizations. In this case, the certification work can be distributed among the certification organizations both by the number of workplaces subject to certification and by the types of work performed at these locations.

An attesting organization is a legal entity that provides attestation services and performs:

- measuring and evaluating factors of the working environment and work process;

- assessment of the compliance of working conditions with state regulatory requirements for labor protection;

- execution and preparation of the attestation report.

The certifying organization must meet the following conditions:

- accredited in the manner prescribed by the Order of the Ministry of Health and Social Development of Russia dated 01.04.2010 N 205n "On approval of the list of services in the field of labor protection, for the provision of which accreditation is required, and the Rules for accreditation of organizations providing services in the field of labor protection";

- is an independent person in relation to the employer, at whose workplaces she carries out certification. The Certification Procedure does not specify what is meant by the independence of the certification organization. In this case, you can be guided by the norms of Art. 4 of the Law of the RSFSR of 22.03.1991 N 948-1 "On Competition and Restriction of Monopolistic Activity in Commodity Markets", which states that affiliated persons are individuals and legal entities capable of influencing the activities of other legal entities and (or) individuals, carrying out entrepreneurial activity... Thus, the independence of the certification organization implies its non-affiliation in relation to the employer at whose workplaces certification is carried out.

The rights and obligations of the attesting organization and the employer during attestation are established by clause 7 of the Attestation Procedure.

Certifying organization:

- determines the methods of carrying out measurements and assessments based on the current regulatory legal acts and the Procedure for conducting certification, as well as quantitative and personnel measurement and evaluation professionals;

- examines in full the documentation related to the organization of work to ensure the labor protection requirements of the employer, at whose workplaces certification is carried out;

- requests and receives from the employer (his representative) clarifications on the issues that have arisen during the certification;

- at the request of the employer, provides substantiation of the conclusions made by the attesting organization based on the results of attestation;

- transmits on an electronic medium to the federal system for collecting, processing and storing data, a summary sheet of the results of certification of workplaces for working conditions and information about the certification organization (clause 46 of the Certification Procedure).

The certifying organization may refuse to carry out certification if the employer fails to provide the necessary documentation or the employer refuses to provide the conditions for carrying out measurements and assessments required by the regulatory documentation.

Employer:

- has the right to demand from the certifying organization documentary evidence of accreditation for the right to provide certification services for workplaces. The certifying organization must provide a notification (a copy of the notification) of its inclusion in the register of organizations providing services in the field of labor protection;

- has the right to require the certifying organization to carry out measurements and assessments in accordance with the current regulatory legal acts;

- is obliged to provide the necessary information and documentation, give explanations orally and verbally at the request of the attesting organization writing on issues related to the purposes of certification, as well as request the information necessary for the certification from third parties;

- is obliged not to take actions aimed at narrowing the range of issues subject to analysis and assessment during certification, as well as concealing (restricting access) to information and documentation on issues related to the purposes of certification requested by the certification organization;

- is obliged not to approve the attestation report not signed by the representatives of the attesting organization who are part of the attestation commission.

CERTIFYING COMMISSION

1. Composition of the certification commission

2. Functions of the certification commission

1. COMPOSITION OF THE CERTIFICATION COMMISSION

The composition of the attestation commission is established by clause 10 of the Procedure for attestation and depends on which category of business entities the organization in which the attestation is planned belongs to.

If certification is carried out in organizations classified as microenterprises and small businesses (subparagraph "a", clause 2, part 1 of article 4 of the Federal Law of 24.07.2007 N 209-FZ "On the development of small and medium-sized businesses in Russian Federation"), Then the attestation commission includes:

- the employer (his representative). As representatives of the employer, the attestation commission may include heads of structural divisions of the organization, lawyers, HR specialists, labor specialists and wages, the main specialists of the organization, medical workers and other workers;

- representatives of the certifying organization (for more details, see the section "Certifying organization" of this material);

- representatives of the elected body of the primary trade union organization or other representative body of workers (if any);

- representatives of the organization or specialists engaged by the employer under a civil law contract to perform the functions of the labor protection service (labor protection specialist).

In all other organizations, the certification commission includes:

- representatives of the employer;

- labor protection specialist;

- representatives of the elected body of the primary trade union organization or other representative body of workers;

- representatives of the certifying organization (for more details, see the section "Certifying organization" of this material).

2. FUNCTIONS OF THE CERTIFICATION COMMISSION

The functions of the attestation commission are defined in clause 12 of the Attestation Procedure.

Certifying commission:

- provides guidance 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;

- makes a list of workplaces subject to certification, identifies similar workplaces and indicates the factors of the working environment and the labor process, injury risk and provision of the employee with special clothing, special footwear and other personal protective equipment (hereinafter - PPE) (for more details, see clause 1 "Drawing up a list of workplaces subject to certification for working conditions" and clause 1.1 "Similar workplaces" of this material);

- prepares proposals for bringing the names of professions and positions of employees in accordance with the requirements of the Unified Tariff qualification handbook works and professions of workers and the Unified qualification reference book of positions of managers, specialists and employees (approved by the Decree of the Government of the Russian Federation of October 31, 2002 N 787);

- assigns a number to each workplace (for more details, see clause 1 "Compiling a list of workplaces subject to certification for working conditions" and clause 1.1 "Similar workplaces" of this material);

- fills in and signs the workplace certification cards for working conditions (a sample card and recommendations for filling it out are given in Appendices No. 2 and No. 3 of the Certification Procedure);

- prepares proposals (if necessary) on amendments and (or) additions to labor contract in terms of the employer's obligation to provide the employee with PPE, the establishment of an appropriate work and rest regime, as well as other guarantees and compensations established by law for work 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 protection.

CONDUCTING CERTIFICATION OF JOBS BY WORKING CONDITIONS

1. Drawing up a list of workplaces subject to certification for working conditions

2. Assessment of compliance of working conditions with hygienic standards

3. Assessment of injury hazard in workplaces

4. Assessment of the provision of workers with special clothing, special footwear and other personal protective equipment

5. Comprehensive assessment of the state of working conditions in the workplace

1. COMPILATION OF A LIST OF JOBS SUBJECT TO CERTIFICATION BY WORKING CONDITIONS

The responsibility for compiling a list of workplaces is assigned to the certification commission (clause 12 of the Certification Procedure). A sample list of workplaces and the rules for filling it out are given in Appendix No. 1 of the Certification Procedure.

According to Part 6 of Art. 209 of the Labor Code of the Russian Federation, a worker is a place where an employee must be or where he must arrive in connection with his work and which is directly or indirectly under the control of the employer.

To compile a list of jobs, the following documents are required:

- staffing table;

- a list of employees with an indication of the profession (position) and structural divisions.

The names of professions (positions) in the list of jobs must correspond to their names in staffing table... Each workplace is assigned a unique serial number from 1 to 99,999,999.

See sample checklist.

1.1. Similar jobs

When compiling a list from the total mass of workplaces, it is necessary to highlight similar workplaces, which are characterized by a combination of the following features (clause 12 of the Certification Procedure):

- profession or position of the same name;

- fulfillment of the same professional duties while maintaining the same type of technological process in the same operating mode;

- use of the same type of production equipment, tools, fixtures, materials and raw materials;

- work in one or more similar premises or on outdoors;

- use of the same type of ventilation, air conditioning, heating and lighting systems;

- the same arrangement of objects (production equipment, vehicles etc.) at the workplace;

- the same set of harmful and (or) hazardous production factors of the same class and degree;

- the same provision of personal protective equipment.

At similar workplaces, the assessment of harmful and (or) hazardous production factors 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 is identified that does not meet the criteria of similarity, 100% of these jobs are evaluated. After the assessment, a new list of workplaces is determined, taking into account the results of measurements and assessments (clause 40 of the Certification Procedure).

When assigning a serial number, similar jobs are designated with the letter "a".

Important! For all similar workplaces of the same name, one certification card is drawn up - for the first workplace from the list of similar ones (clause 2 of Appendix No. 3 to the Certification Procedure).

A situation from practice. There are seven accountants in the organization - all do the same job, work in the same room, behind computers with LCD monitors. One of the accountants has additional coverage. Are the jobs of accountants similar?

According to clause 12 of the Certification Procedure, for the recognition of jobs as similar, a combination of several signs is required, one of which is the use of the same type of lighting systems. In this situation, one of the accountants uses an additional light source. Consequently, the workplace of this accountant in the list of workplaces must have its own unique serial number.

The workplaces of other accountants can presumably be considered similar until measurements are taken of 20% of such workplaces, as provided for in clause 40 of the Attestation Procedure. In this case, measurements should be carried out at 2 workplaces (20% of workplaces are 1.2, while measurements are provided for at least 2 workplaces).

2. ASSESSMENT OF CONFORMITY OF WORKING CONDITIONS WITH HYGIENIC STANDARDS

After compiling a list of workplaces, the specialists of the certification organization assess the compliance of working conditions with hygienic standards. The assessment procedure is established by clauses 14 - 19 of the Certification Procedure.

The assessment is carried out by means of instrumental measurements during the implementation of regular production (technological) processes and (or) regular activities of the organization. Physical (noise, vibration, etc.), chemical (harmful substances), biological factors (microorganisms, etc.), the severity and intensity of the labor process (physical and dynamic and intellectual load, body inclinations, etc.) are measured. ).

When carrying out instrumental measurements, it is necessary to use only those measuring instruments that have been verified in deadlines(Clause 16 of the Certification Procedure).

The methodology for measuring the levels of factors of the working environment and the labor process is carried out in accordance with the Guidelines R 2.2.2006-05 "Guidelines for hygienic assessment factors of the working environment and the labor process. Criteria and classification of working conditions "(approved by Rospotrebnadzor on July 29, 2005).

Measurements and assessments are drawn up in a protocol, which is drawn up according to the rules provided for in clause 18 of the Certification Procedure, and is an integral part of the workplace certification card for working conditions. For each factor (group of factors) to be assessed, a separate protocol is drawn up.

The protocol is signed by the specialists of the attesting organization who carried out the measurements and assessments, as well as by the responsible official of this organization and certified by the seal (clause 18 of the Attestation Procedure).

3. ASSESSMENT OF WORKPLACE INJURY

The assessment of injury risk is carried out by specialists of the attesting organization and is carried out according to the rules established by clauses 20 - 28 of the Attestation Procedure.

The injury hazard of workplaces is assessed according to the compliance of certain objects with labor protection requirements, failure to comply with which may lead to injury to employees, including:

- requirements for protection against mechanical influences;

- requirements for protection against the effects of electric current;

- requirements for protection against exposure to high or low temperatures;

- requirements for protection from the toxic effects of chemicals.

The objects of injury risk assessment are production equipment, devices and tools used in the implementation of technological processes, the compliance of workers' training on labor protection with the established requirements (clause 21 of the Certification Procedure).

To assess the injury hazard of production equipment, the following steps should be taken:

- verification of the availability and compliance with the regulatory requirements of documents, protective equipment for workers, etc., provided for in clause 23 of the Attestation Procedure;

- analysis technical documentation containing safety requirements when performing work;

- external inspection of production equipment in the course of regular work for compliance with its condition with the requirements of the current regulatory legal acts on labor protection;

- checking the availability of certificates or declarations of conformity to safety requirements (if necessary).

To assess the trauma hazard of tools and devices, it is necessary to carry out the following measures:

- external examination of tools and devices;

- checking the compliance of the state of tools and devices with the requirements of regulatory legal acts on labor protection;

- checking the availability of certificates or declarations of conformity to safety requirements (if necessary).

When assessing the compliance of workers' training in labor protection with the established requirements, the following documents should be checked:

- instructions on safety and labor protection;

- documents confirming the completion of the required training.

According to clause 28 of the Certification Procedure, there are three classes of injury hazard of working conditions:

- 1st class of injury hazard - optimal (not a single non-compliance with labor protection requirements has been identified; no work is performed 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 tools );

- Trauma hazard class 2 - permissible (not a single non-compliance with labor protection requirements has been identified; work is being done related to the repair of production equipment, buildings and structures, high-risk work and other work requiring special training in labor protection; production equipment with an exceeded service life is being operated (developed resource), but this is not prohibited by special safety requirements; damage and (or) malfunctions of protective equipment have been identified that do not reduce their protective functions);

- Trauma hazard class 3 - dangerous (one or more non-compliance with labor protection requirements was revealed).

The results of the workplace injury hazard assessment are drawn up in a protocol (Appendix No. 4 to the Certification Procedure), taking into account the specifics provided for drawing up a protocol when assessing the injury hazard of workplaces where facilities are controlled by federal executive bodies authorized to conduct state supervision and control in the established field of activity.

The protocol is signed by the specialists of the attesting organization who carried out the measurements and assessments, as well as by the responsible official of this organization and certified by the seal (clause 27 of the Attestation Procedure).

The results of the assessment of the workplace injury hazard, indicating the injury hazard class, are entered into the workplace certification card for working conditions.

4. ASSESSMENT OF EMPLOYEE SECURITY CLOTHING, SPECIAL FOOTWEAR AND OTHER PERSONAL PROTECTIVE EQUIPMENT

The employer is responsible for providing workers with special clothing, special footwear and other PPE.

PPE is considered personal equipment used to prevent or reduce the exposure of workers to harmful and (or) hazardous production factors, as well as to protect against pollution. This definition is given in clause 3 of the Interindustry Rules for Providing Workers with Special Clothing, Special Shoes and Other Personal Protective Equipment (approved by Order of the Ministry of Health and Social Development of Russia dated 01.06.2009 N 290n).

The purchase and distribution of PPE to employees is carried out by the employer at the expense of own funds(part 2 of article 212 of the Labor Code of the Russian Federation, part 3 of article 221 of the Labor Code of the Russian Federation).

The assessment of the provision of PPE workers is carried out after assessing the compliance of working conditions with hygienic standards and assessing the injury hazard of the workplace according to the rules established by clauses 29 - 35 of the Certification Procedure.

The provision of PPE workers is assessed by the sequential implementation of the following procedures (clause 31 of the Certification Procedure):

- comparison of the nomenclature of actually issued PPE with the corresponding model norms free issue PPE workers. Standard norms for the free issuance of PPE to workers are established by various regulations, depending on the types economic activity;

- checking the availability of certificates (declarations) of conformity of PPE issued to employees;

- checking the procedure for providing employees with PPE, established by the Interindustry rules for providing employees with special clothing, special footwear and other personal protective equipment (approved by the Order of the Ministry of Health and Social Development of Russia dated 01.06.2009 N 290n);

- assessing the compliance of the issued PPE with the actual state of working conditions at the workplace;

- checking the effectiveness assessment of the PPE issued to the employee (if necessary) (clause 33 of the Certification Procedure).

The results of the assessment of the provision of PPE workers at the workplace are documented in a protocol (Appendix No. 5 to the Certification Procedure).

Important! The protocol is not drawn up if the issuance of PPE is not provided for by the standard norms of free issuance of PPE to workers and is not required due to the actual state of working conditions (clause 32 of the Certification Procedure).

The protocol is signed by the specialists of the attesting organization who carried out the measurements and assessments, as well as by the responsible official of this organization and certified by the seal (clause 35 of the Attestation Procedure).

See a sample of filling out the protocol.

The results of the assessment of the provision of PPE to workers are entered into the workplace certification card for working conditions.

See a sample card filling.

A situation from practice. Is the workplace correctly recognized as inadequate for the provision of PPE workers due to the fact that the issued overalls are marked according to which they are designed for use at temperatures up to +25 ° C, and at the evaluated workplace the temperature is +25.5 ° C?

One of the procedures for assessing the provision of PPE workers is to assess the compliance of the issued PPE with the actual state of working conditions (clause 31 of the Certification Procedure). The workplace is considered to meet the requirements for the provision of PPE workers only if the requirements of the Certification Procedure are met. In the event of one or more inconsistencies, the workplace is considered not to meet the requirements for the provision of PPE workers (clause 34 of the Certification Procedure).

In this case, the overalls issued to the employee do not correspond to the actual state of working conditions at the workplace (+25.5 ° C instead of the stipulated +25 ° C), and therefore the recognition of the workplace as not complying with the requirements for providing workers with PPE is correct.

5. COMPREHENSIVE ASSESSMENT OF WORKING CONDITIONS IN THE WORKPLACE

The procedure for assessing working conditions ends with a comprehensive assessment of the state of working conditions at the workplace, which includes the results of the following assessments (clause 36 of the Attestation Procedure):

- class (subclass) of working conditions, established based on the results of assessing the compliance of working conditions with hygienic standards;

- class of working conditions for injury hazard;

- provision of workers with PPE.

The workplace is recognized as attested with a comprehensive assessment of working conditions "meets the state regulatory requirements for labor protection" if it is established that the working conditions at the workplace meet the hygienic standards, the workplace meets the requirements for providing workers with PPE, and when assessing the injury hazard of the workplace, no inconsistencies with the requirements of labor protection have been identified (p. .37 Procedure for attestation).

The workplace is recognized as attested with a comprehensive assessment of working conditions "does not comply with the state regulatory requirements for labor protection" if the working conditions do not meet the hygienic standards, and (or) when assessing the injury hazard of the workplace, the workplace does not comply with the labor protection requirements, and (or) the non-compliance with the requirements for the provision of workers PPE (clause 38 of the Certification Procedure).

When classifying the working conditions at the workplace as hazardous, the employer must immediately develop and implement 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 (clause 39 of the Certification Procedure).

The results of a comprehensive assessment of the state of working conditions at the workplace are entered in the workplace certification card for working conditions in line 070.

REGISTRATION OF THE RESULTS OF CERTIFICATION OF WORKPLACES

BY LABOR CONDITIONS

1. Drawing up a report on the certification of workplaces for working conditions

2. Obligations of the employer upon completion of certification of workplaces for working conditions

1. DRAFTING A REPORT ON THE CERTIFICATION OF JOBS BY WORKING CONDITIONS

Based on the attestation results, the attestation commission draws up a report on attestation, to which the following documents are attached (clause 44 of the Attestation Procedure):

- an order on the creation of an attestation commission and approval of a schedule for attestation (for more details, see clause 2 "Order on attestation of workplaces for working conditions" of this material);

- a list of workplaces subject to certification (for more details, see clause 1 "Compiling a list of workplaces subject to certification for working conditions" of this material);

- workplace certification cards with measurement and assessment protocols (for more details, see clause 2 "Functions of the certification commission" of this material);

- a summary sheet of the results of certification of workplaces (Appendix No. 6 to the Procedure for conducting certification);

- a summary table of the classes of working conditions established according to the results of certification, and compensations that must be established for employees (Appendix No. 7 to the Procedure for conducting certification);

- a plan of measures to improve and improve working conditions (Appendix No. 8 to the Certification Procedure), which is signed by the chairman of the certification commission and after agreement with the labor protection committee (commission), trade union or other authorized workers the representative body is submitted for approval to the employer;

- the final minutes of the meeting of the attestation commission on the results of attestation of workplaces for working conditions (Appendix N 9 to the Procedure for attestation);

- information about the certifying organization (Appendix N 10 to the Certification Procedure) with the attachment of a copy of documents for the right to carry out measurements and assessments (an accreditation certificate with an attachment establishing the scope of accreditation testing laboratory; copies of the notice of inclusion in the register of accredited organizations providing certification services);

- minutes of the attestation commission meetings;

- conclusion on the results of the state examination of working conditions (if any);

- an order of officials on revealed violations of the Procedure (if any).

The certification commission considers the certification report within ten calendar days from the date of its receipt, signs the final minutes of the meeting of the certification commission based on the results of certification of workplaces for working conditions and submits it together with the certification report to the employer (his representative).

2. OBLIGATIONS OF THE EMPLOYER WHEN COMPLETING THE CERTIFICATION OF WORK PLACES BY WORKING CONDITIONS

2.1. Signing an order on the completion of certification of workplaces for working conditions and approval of the certification report

The certification procedure ends with the employer signing an order on the completion of certification and approval of the certification report (clause 44 of the Certification Procedure). The signing of the order on the completion of certification and approval of the certification report is carried out by the employer within ten working days from the date of receipt final protocol meetings of the certification commission based on the results of certification of workplaces for working conditions.

It is necessary to familiarize all members of the certification commission, as well as other persons specified in the order, with the order to complete the certification.

The legislation does not establish a unified form of the order on the completion of attestation, therefore it is drawn up in any form.

See sample order filling.

2.2. Familiarization of the employee with the results of certification of his workplace

Within ten working days from the date of receipt of the final minutes of the meeting of the certification commission on the results of certification of workplaces for working conditions, the employer must familiarize the employee, against signature, with the results of certification of his workplace in the certification card (clause 44 of the Certification Procedure).

2.3. Interaction with the state labor inspectorate based on the results of certification of workplaces for working conditions

The interaction of the employer with the state labor inspectorate (hereinafter referred to as the State Labor Inspectorate) is carried out in accordance with the Order of Rostrud dated August 31, 2011 N 193 "On the organization of work to implement paragraph 45 of the Procedure for certification of workplaces for working conditions, approved by the Order of the Ministry of Health and Social Development of the Russian Federation of April 26 2011 N 342н ".

Within ten calendar days from the date of the issuance of the order on the completion of the certification of workplaces and the approval of the certification report, the employer must send the following documents to the GIT:

- a summary sheet of the results of certification of workplaces for working conditions;

- information about the certifying organization (for more details see clause 1 "Drawing up a report on the certification of workplaces for working conditions" of this material);

— transmittal letter on the employer's letterhead.

These documents must be submitted on paper and in in electronic format(Clause 45 of the Certification Procedure).

The documents received from the employer are registered by the State Institute of Technology in the register of receipt of materials based on the results of certification of workplaces for working conditions.

When the employer submits incorrectly executed documents or their incomplete package, the GIT informs him about this, indicating a specific time frame for eliminating the shortcomings.

The information contained in the documents, GIT enters the register of information on the results of certification of workplaces for working conditions in business entities.

After that, the GIT conducts an analysis of these documents.

The analysis results can be used by the GIT:

- to make decisions on the suspension of the activities of organizations, their branches, representative offices, structural divisions, production equipment, sites;

- to make decisions on the temporary suspension of the operation of buildings or structures, machinery and equipment, the implementation of certain types of activities in view of the threat to the life or health of employees;

- for the presentation of requirements to ensure safe working conditions;

- to assess the activities of certification organizations.

Important! If, after December 1, 2010, the certification of workplaces for working conditions was carried out by an organization that did not undergo mandatory accreditation in the prescribed manner, the GIT is obliged to present the employer with a prescription demanding that the certification be repeated in accordance with the established procedure.

Documents submitted by employers based on the results of certification of workplaces are stored in the GIT.

Based on the results of the analysis of the materials of certification of workplaces, the GIT can conduct planned and unscheduled inspections of employers' compliance with the established procedure for conducting the specified certification.

Scheduled inspections are carried out in accordance with the annual plans for their conduct, agreed with the prosecutor's office and approved by the head of the State Inspectorate (Federal Law of December 26, 2008 N 294-FZ, Resolution of the Government of the Russian Federation of June 30, 2010 N 489, Rostrud Order of October 28, 2010 N 455) ...

When conducting an unscheduled inspection, the conditions established by the Federal Law of December 26, 2008 N 294-FZ must be observed. The basis for an unscheduled inspection in accordance with clause 27 of Appendix No. 1 to the Order of Rostrud dated 31.08.2011 No. 193 may be:

- expiration of the term for the employer to comply with the order issued by the State Inspectorate for the elimination of the revealed violation labor legislation and other normative legal acts containing norms labor law;

- an employee's appeal to the State Inspection Service with a statement about the violation by the employer of his labor rights or with a request to check the conditions and labor protection at his workplace in accordance with Art. 219 of the Labor Code of the Russian Federation;

- submission to the GIT of information by the organization based on the results of the certification of workplaces for working conditions as harmful and (or) dangerous.

Rostrud or the relevant GIT notifies the employer about the unscheduled inspection by any available means at least 24 hours before the start of the inspection.

FOR REFERENCE

The procedure for attestation of workplaces for working conditions was approved by Order of the Ministry of Health and Social Development of Russia No. 342n dated April 26, 2011. Attestation of workplaces for working conditions involved a comprehensive assessment of working conditions at workplaces in order to identify harmful and (or) hazardous production factors and take measures to bring working conditions in line with state regulatory requirements for labor protection, to identify the degree of their harmfulness and danger to the employee. Regulatory framework certification of workplaces for working conditions were:

• the labor code of the Russian Federation;
• regulatory legal acts containing state regulatory requirements for labor protection, as well as other documents on labor protection;
• systems of labor protection documents operating in certain types of economic activity.

The term "certified workplace" meant - a workplace that has undergone the certification procedure for working conditions. At the same time, the assessment of working conditions could be different depending on the compliance or inconsistency of the actual values ​​of the factors of the working environment and the labor process with hygienic standards, the fulfillment or non-fulfillment of the requirements for injury safety of the workplace and the provision of PPE to workers. In general, the Certification of workplaces for working conditions included:

• hygienic assessment of working conditions and nature (instrumental measurements and assessment of physical and chemical factors: illumination, noise, vibration, microclimate, non-ionizing radiation, chemical composition working area air);
• assessment of psychophysiological factors of the labor process (the severity and intensity of the labor process);
• expert assessment of workplace injury safety;
• assessment of the provision of workers with special clothing, special footwear and other personal protective equipment (PPE) in accordance with the established standards.

The results of certification of workplaces for working conditions were used for the following purposes:

• providing employees who are hired, reliable information on working conditions at workplaces, on the existing risk of damage to health;
• justification of benefits and compensation to employees for work in difficult, harmful or dangerous conditions labor;
• justification of labor restrictions for certain categories of workers;
• substantiation of planning and financing of measures to improve working conditions and labor protection in organizations, including at the expense of funds for compulsory social insurance against industrial accidents and occupational diseases;
• rationale for providing employees with free certified special clothing, special footwear and other PPE, as well as washing and neutralizing agents in accordance with established standards;
• resolving the issue of the connection of the disease with the profession in case of suspicion of an occupational disease;
• calculation of discounts and premiums to the insurance rate in the system of compulsory social insurance of employees against industrial accidents and occupational diseases (the discount can reach up to 40% of the insurance rate).

The attestation began with the selection of an attestation commission, formed from employees of the organization who had been trained in general issues of attestation of workplaces. Certifying commission.

All workplaces available in the organization were subject to certification of workplaces. The validity period of the results is the same as for the special assessment of 5 years from the date of the first instrumental measurements of harmful and hazardous production factors. It was recommended to keep documents on certification of workplaces for working conditions in the organization for 45 years.

Mandatory re-certification of workplaces for working conditions (recertification) were subject to workplaces:

• after replacing production equipment;
• changes in the technological process, collective protective equipment, etc.

If, as a result of measurements according to the program production control over compliance sanitary regulations critical changes in the levels of factors of the labor process are found, then the obtained data are subject to assessment, as well as consideration of the need to amend the cards of certification of workplaces. Newly organized workplaces were certified after their commissioning.

The results of certification of workplaces for working conditions were drawn up in the form of a package of documents containing:

• the order on the certification of workplaces for working conditions and the involvement of the Certifying organization in this work (if necessary);
• a list of workplaces of the organization subject to certification of workplaces for working conditions, with the allocation of similar workplaces and an indication of the evaluated factors of working conditions;
• copies of documents for the right to carry out measurements and assessments of working conditions by the Certifying Organization;
• cards of certification of workplaces for working conditions with protocols of measurements and assessments of working conditions;
• statements of workplaces (RM) of divisions and the results of their certification of workplaces for working conditions and a summary sheet of workplaces of the organization and the results of their certification for working conditions;
• an action plan to improve and improve working conditions in the organization;
• minutes of the meeting of the certification commission based on the results of certification of workplaces for working conditions;
• order on completion of workplace certification and approval of its results (performed by the certified organization).

After certification of workplaces for working conditions, the employer sends a list of workplaces, statements of workplaces of the organization's divisions and the results of their certification for working conditions and a summary sheet of workplaces of the organization and the results of their certification for working conditions to the state labor inspectorate in the constituent entity of the Russian Federation.

The costs of certification of workplaces for working conditions could be reimbursed. The FSS could also partially reimburse the costs of the institution for certification and for improving the working conditions of employees. So, according to the Decree of the Government of the Russian Federation of November 19, 2007 N 787 "On financing in 2008 and in the planning period 2009 - 2010 preventive measures to reduce occupational injuries and occupational diseases of workers and sanatorium-resort treatment of workers employed in jobs with harmful and (or) hazardous production factors "The Ministry of Health and Social Development has developed the Funding Rules, approved by Order of January 30, 2008 N 43n.

According to clause 2 of the Financing Rules, financing from the amounts of insurance contributions for compulsory social insurance against industrial accidents and occupational diseases is subject to, among other things, the costs of certification of workplaces for working conditions.

Financing of preventive measures was carried out by the insured in accordance with the amounts of insurance premiums to be transferred to the FSS in the current calendar year. The amount of funds allocated by the insured to finance preventive measures could not exceed 20 percent of the amount of insurance premiums accrued for the previous calendar year, net of expenses for the payment of security for the specified type of insurance, made by the policyholder in the previous calendar year.

To receive compensation, the institution had to submit to the FSS department by August 1:

• a plan for financing preventive measures to reduce injuries and occupational diseases;
• an action plan to improve labor conditions and safety;
• a copy of the act on the results of the inspection by the state labor inspectorate, which should contain recommendations to certify workplaces and (or) reduce the level of dust and gas pollution in the air;
• a copy of the agreement with an accredited organization for work on certification of workplaces;
• calculation of the cost of work;
• a copy of the accreditation certificate with the scope of accreditation;
• copies of documents based on the results of workplace certification;
• copies of documents confirming the purchase of equipment, work to reduce the level of dust and air pollution in workplaces;
• documents of an accredited organization on the results of repeated measurements of dust and gas content.

Reimbursement was paid within the allocation of the FSS to regional funds.

It was necessary to take into account that the financing of certification of workplaces in terms of working conditions and certification of labor protection work could be carried out at the expense of (20%) insurance contributions for compulsory social insurance against industrial accidents and occupational diseases. In addition, the organization that carried out certification of workplaces for working conditions could count on receiving a discount on the insurance rate for compulsory social insurance against accidents and occupational diseases (necessary grounds).

Based on the results of the work, it was possible to justify:

• Benefits and compensations due to employees for harmful working conditions;
• Additional vacation and shorter working hours;
• Additional payments for harmful working conditions;
• Dispensing milk or other equivalent products;
• Preferential pension provision.

Many already know that job certification has changed dramatically. The reason for this was the adoption of a new federal law and amendments to the Labor Code of the Russian Federation. It is worth paying attention to the fact that the very name of the procedure has changed. Now, instead of certification, a special assessment of working conditions is carried out. New rules entered into legal force since January 2014.

Let's take a closer look special assessment working conditions and the main points affected by the changes. In our article you will find out how this assessment is carried out, whether it is mandatory, who conducts it and the sanctions applied to violators. So, let's begin.

Recent changes in the law

The main change was not only the change in the name of the process, the procedure itself changed radically. An important point there was also a significant increase in punishment for violation of the requirements established by law.

According to experts, the introduction of a completely new mechanism is due to the fact that the certification of workplaces, carried out earlier, did not give the desired effect and could not protect the workers... The innovation should provide an incentive for entrepreneurs to pay due attention to special appraisals, and sanctions are designed to ensure the enforcement of established rules.

According to statistics, 35% of all violations are the admission of those employees to workplaces who have not been instructed in labor protection.

Some simply signed, not paying attention to the study of safety rules. Slightly less percent was gained by the lack of personal or collective protective equipment among workers. The three "leaders" are closed by the lack of certification.

It will not be superfluous to remind managers and employees of the accounting department that during the submission of reports to the Social Insurance Fund, it will be necessary to indicate the presence of a special assessment... This requirement is presented from January 1, 2015... Based on the results of the assessment, each workplace is assigned a hazard class. This will determine the amount of insurance premiums paid to the Pension Fund. There is a direct proportional relationship - the more harmful (class), the larger the pension contribution will be.

If it seems to you that this is nothing, then pay attention to the fact that the lack of a special assessment of working conditions automatically prevents the submission of a quarterly report to the Social Insurance Fund, as well as the calculation of pension contributions. Thus, the “snowball” of violations of the current legislation begins to grow, and hence the sanctions for non-compliance.

What should you do now?

A special assessment is an integral set of measures aimed at identifying hazardous, harmful production factors, as well as assessing the level of their impact on employees, taking into account fluctuations in the actual value and the established standard. The main task of the special assessment is to determine whether the conditions of the workplace meet the requirements established by law, and to find workplaces where working conditions are harmful or dangerous. Employees working in such conditions must necessarily receive appropriate compensation and additional guarantees.

A special assessment is being carried out all employers without exception: and on different types enterprises, and individual entrepreneurs. Workplaces of the following categories are not subject to verification:

• owned by workers who are employed at home;
• telecommuting employees;
• employees of employers - individuals who are not individual entrepreneurs.

Previously, certification was required only at those workplaces where equipment, hand tools, machines, mechanisms, installations, devices, vehicles, apparatus were used, or where sources of danger were located. Verification now applies to any workplace, regardless of past factors and criteria. This means that a special assessment of office staff jobs is also necessary. Prior to the adoption of the law, the issue of office workplaces was controversial.

To carry out this special assessment, a special organization is involved, whose experts professionally assess working conditions.

The legislator also worried about the transition period. An employer who has carried out certification of a workplace under the old legislation (before January 1, 2014) is released from the obligation to conduct a special assessment until the expiration of the validity of the results of this certification. But no more than until December 31, 2018... The results of certification are also used for special assessment tasks - for organizing medical examinations, for informing employees about working conditions, for providing employees with personal protective equipment, calculating compensations, etc.

For companies that have jobs with hazardous or hazardous working conditions, they should conduct an assessment immediately. As well as with jobs that allow an employee to leave for an early retirement pension. Other organizations conduct special assessments until December 31, 2018. The certification of workplaces, which was carried out in 2014, is considered illegal and its results cannot be used. This is discussed in a specially issued Letter of the Ministry of Labor of the Russian Federation.

Detailed information on conducting a special assessment is in the following video:

Who conducts the special assessment and how?

Let's start with the person doing the special assessment. According to the law, the obligation to conduct and finance the assessment rests directly with the employer. It is he, regardless of whether it is a legal entity or an individual entrepreneur, who organizes the assessment of the workplace of employees.

Now let's take a closer look at the timing of the special assessment, which is of no small importance. The timing directly depends on the type of assessment - planned or unscheduled... Scheduled is carried out at least once every five years. It is necessary to count five years from the day when the report on the previous special assessment was approved. At the request of the employer, a special assessment can be carried out even before the expiration of the previous one. This is possible if working conditions are improved. The question arises, why make an early assessment, and not wait for the next one? The improvement will save on insurance premiums, employee benefits and personal protective equipment.

The need for an unscheduled assessment arises in the event of a change of office and the introduction of new jobs. It must be carried out within 6 months from the date of putting them into operation.

The law also provides for other cases of unscheduled assessment:

• when the technological process changes;
• replacement of equipment;
• when changing the composition of the raw materials or material used;
• after an accident at work or the establishment of an occupational disease due to the influence of dangerous or harmful factors;
• at the request of the trade union;
• when changing personal or collective protective equipment, etc.

Moreover, during an unscheduled assessment, only jobs affected by the changes are subject to it. The procedure is similar to the procedure for planned certification and is contained in the order of the Ministry of Labor of the Russian Federation.

A few more words about the special pricing of similar jobs. Very often you can see that several employees work in the same conditions, performing the same functions, which means that their workplaces are identical. In this case, the assessment is carried out for 20% of jobs, but not less than two.

Similar means that the places are in the same type of premises, their ventilation, air conditioning, heating and light systems are the same. It is also important that the equipment, materials and raw materials used by employees in similar places should be of the same type, and personal protective equipment should be the same.

To start a special price an appropriate commission is created and an organization specializing in its conduct is involved... Usually, a civil contract is concluded with such an organization. The head of the commission is directly the employer or his representative. It necessarily includes trade unionists, if they are at the enterprise, and a labor protection specialist serving this organization.

Then experts begin to study workplaces and identify those among them that are exposed to hazardous or harmful factors. Those places where such factors are absent are entered in the declaration, which is subsequently provided to labor inspection... Where these factors exist, they should be carefully measured. Each place is assigned a class of working conditions.

The last stage is the commission's report, which indicates the following data:

• a list of workplaces with an indication of hazardous and harmful factors;
• reports of all measurements and tests;
• expert opinions;
• and etc.

The employer acquaints his employees with the report against signature. The term for review is one month. If there is a site, information from the report is published on it.

Possible fines and other sanctions

As for any other offense, for failure by the employer to fulfill his obligation to conduct a special assessment of working conditions, administrative liability in the form of a fine or suspension of activities is threatened:

• The amount of the administrative fine for individual entrepreneur will be from five to ten thousand rubles or the suspension of its activities for up to 90 days.
• Legal entities that committed violations will pay much more - from sixty to eighty thousand rubles. Suspension of activities is also relevant for them, the duration is the same.

For comparison, we present the previous amounts of sanctions:

• individual entrepreneurs paid from one to five thousand rubles;
• legal entities, the violation poured into a pretty penny - from thirty to fifty thousand rubles.

The body that holds employers accountable for this category of offenses is Rostrud.

A repeated violation threatens individual entrepreneurs with a fine of thirty to forty thousand rubles, legal entities - from one hundred to two hundred thousand rubles.

So it is worth thinking about what is better - to take care of the correctness of the assessment of the workplace or pay a fine, or even lose profit that will not be received due to the suspension of the company or individual entrepreneur.

An accident at an enterprise in the absence of a special estimate is a direct proof of the employer's guilt for the court. In this case, the act is no longer subject to administrative sanctions, but to criminal ones. The punishment is: a fine - up to 400,000 rubles, correctional labor for 2 years, forced labor for up to a year, or imprisonment for up to a year.

Assessment of workplaces

In accordance with Article 212 Labor Code Russian Federation " The employer is responsible for ensuring safe working conditions and labor protection. The employer is obliged to ensure the certification of workplaces for working conditions with the subsequent certification of the organization of work on labor protection. "

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

Assessment of workplaces on working conditions includes a hygienic assessment of working conditions, an assessment of injury safety and provision of workers with personal protective equipment (hereinafter - PPE) (paragraph 2 of the order of the Ministry of Health and Social Development No. 569 of 31.08.2007).

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

Working environment factors: physical, chemical, biological.

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

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

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

The main factors of the labor process

The main factors of the labor process, i.e. factors constantly present at any workplace include the severity and (or) intensity of work, as well as injury safety. From production factors or factors the environment workplaces will be present: illumination of the workplace (work surface), usually indoors and microclimate parameters both indoors and in an open area.

Basic documents on the basis of which certification of workplaces is carried out

1 Decree of the Russian Federation of November 20, 2008 No. 870 "On the establishment of reduced working hours, annually additional paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions."

2 Order of the Ministry of Health and Social Development of August 31, 2007 No. 569 "On approval of the Procedure for conducting workplace certification on working conditions ".

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

4 P 2.2.2006-05 Guidance on the hygienic assessment of the factors of the working environment and the labor process.

5 Methodical instructions. Assessment of workplace injury safety for the purpose of their appraisals on working conditions.

The rest of the documents used to measure and assess production factors, injury safety and provision of PPE and overalls: POT, GOST, SanPiN, SP, RD, SN, TI, TON, etc.

What are the consequences of a conducted or not conducted AWP?

Conducted AWP. If, as a result of an automated workstation on WT, workplaces with harmful and dangerous conditions have been identified, then the employer must take measures to improve working conditions at these workplaces. For this, an action plan is being developed to improve working conditions.

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

Possibility to reduce the cost of payments and milk dispensing.

Guarantees in case of presentation of claims by employees.

Not holding workplace certification threatens with fines established by the Code of Administrative Offenses. Executive is fined in the amount from 1 to 5 thousand rubles, legal - from 30 to 50 thousand legislation, then you will be fined, but if within a year you are caught again on the same one, then the inspector is obliged to send the materials to the court. And already in court the question of disqualification of the head for a period of one to three years will be raised.

Certifying organizations.

The organization involved in the certification of workplaces for working conditions must have the following package of documents:

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

2) unexpired certificates, certificates, certificates of training and confirming the knowledge of laboratory personnel to measure the factors of the working environment and the labor process in specialized institutions.

No less important when choosing an organization for certification of workplaces is the experience of working in certification of workplaces in the area (industry) to which the certified organization belongs.

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

2. Agreement with the certification organization.

Non-stationary or non-permanent jobs

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

A fickle workplace - The place where the worker is a smaller part (less than 50% or less than 2 hours continuously) of his working time.

What are the specific factors to be assessed in the workplace and how can they be determined?

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

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

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

Application of the results of certification of workplaces for working conditions.

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

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

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

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

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

5) preparation statistical reporting about working conditions;

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

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

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

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

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

11) consideration of the issue of suspension of the operation of buildings or structures, machinery and equipment, the implementation of certain types of activities (work), the provision of services due to an immediate threat to the life or health of employees;

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

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

14) justification of labor restrictions for certain categories of employees;

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

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

17) creating a data bank existing conditions labor at the organizational level, municipality, the executive body of the constituent entity of the Russian Federation and at the federal level;

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

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

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