home Magazine Ap 426 on the special assessment of working conditions. Law on Special Evaluation of Working Conditions: Requirements and Restrictions

Ap 426 on the special assessment of working conditions. Law on Special Evaluation of Working Conditions: Requirements and Restrictions

Not all specialties are a priori safe. And office workers if the premises do not comply with fire regulations, they are in danger. And miners or factory workers put themselves at risk every day. To reduce its level to a minimum, a special assessment of working conditions is carried out, the procedure and features of which are regulated by Federal Law No. 426.

Adoption of Federal Law 426 "On special evaluation working conditions” took place on December 28, 2013. The object of consideration of the law is the safety of workers in the process labor activity, as well as their right to jobs that meet the standards established as a result of the SUT. Also, Federal Law 426 establishes the requirements and procedure for inspections of working conditions, along with the legal status of persons conducting these inspections.

This Federal Law, during its existence, has undergone few changes, amendments and additions. There are three in total. The latter came into force on May 1, 2016. The changes affected about two dozen articles, paragraphs and subparagraphs of Federal Law 426.

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Federal Law 426 includes 4 chapters and 28 articles with subparagraphs. Objects of consideration - general provisions the issue, the procedure for conducting the SATS, the organizations that are involved in this, as well as the authorities exercising supervision over the observance of the draft law. For those who want to get complete information on this issue, you can download Law 426, as amended by the latest version of the Federal Law, dated May 1, 2016.

Recent amendments to the law “On special assessment of working conditions”

The law “On the special assessment of working conditions” has not yet been made such a number of changes, amendments and additions as other bills. But the latest edition touched on several points that need to be considered, along with the key articles of Federal Law 426.

This article of the Federal Law 426 considers the rights and obligations of the employer within the framework of the law "On SOUT". This includes the right to demand justifications for the decision of the inspection and documents certifying the powers of the inspectors. The obligations of the employer, in accordance with Federal Law 426 "On Special Assessment", are to regularly conduct appropriate inspections, observe working conditions at the proper level and provide the inspection with all the necessary information.

Amendments to the latest version of the law have added to clause 2, part 2 of this article a provision that employees can offer to place identifiers of production factors that may pose a threat to their health or life at their workplaces.

This article 426 of the Federal Law “On a special assessment of working conditions”, as amended, describes the rights and obligations of organizations that carry out the said procedure. An article of the law includes the right to refuse an inspection if it is potentially dangerous for the workers carrying out the inspection, or the right to appeal against decisions of federal executive bodies. Responsibilities - providing a rationale for their decisions, documents certifying the authority of the employees of the organization and compliance with the verification methods established by the legislation of the Russian Federation.

The amendments to Article 6 of this law have affected paragraph 3, part 2. The wording “research (test) methods” has been removed from it.

Art. ten

The issue of identifying potentially harmful and / or dangerous moments at work remains urgent not only for employees, but also for conscientious employers who do not want problems with the law. Checking this moment according to Federal Law 426 is also carried out by organizations that check working conditions. The procedure and features of this procedure are described in article 10 of Federal Law 426.

Here, the changes in the law consist in changing the wording in paragraph 1 of part 6 - instead of "old-age labor pension", now "insurance" is assigned. Also, in the latest version of the law, part 8 was added, which describes the powers of the expert who carries out the verification.

Art. eleven

The execution and procedure for filing declarations on the compliance of working conditions with state standards is regulated by this article of the law, along with the obligation of the federal body to maintain a register of declarations.

The changes affected Part 5 of Article 11 of Federal Law 426. unscheduled inspections supplemented by violations of normative legal acts and requirements specified in this and other federal laws Russian Federation.

Art. 12

Another paragraph of Federal Law 426, which addresses the issue of research and measurement of dangerous or harmful moments in production. This article of the law provides a list of factors to be studied, measurement methods, and requirements for the execution of protocols with the results.

Changes in this article of the law concerned only the wording. The latest version of the law did not introduce significant amendments and additions.

Art. fourteen

This article of Federal Law 426 classifies working conditions into four categories - optimal, permissible, harmful and dangerous, with a detailed explanation on what grounds the conditions at the enterprise belong to one class or another.

Changes to Article 14 of the law have affected its 7th part, according to which the reduction of the hazard class is now carried out after agreement with the local federal executive body.

Art. fifteen

Documentation section of the law. Article 15 of Federal Law 426 addresses the issue of drawing up protocols and acts on the results of the audit. This includes the signatures of all members of the commission, an expert opinion, a written list of activities carried out, etc.

The changes introduced by the latest version of the law affected several paragraphs of Article 15 of the Federal Law 426:

paragraph 5, part 4 - now personal protective equipment for workers must undergo mandatory certification in order to comply with working conditions;
part 5 - 3, 4 and 7 are added to the points referred to in this part;
part 5.1 has been added, according to which the employer has an obligation to notify the organization that conducted the special assessment of working conditions that their report has been approved within 3 working days.

Art. 17

This article of Federal Law 426 describes under what conditions and how an unscheduled special assessment is carried out. With regard to the reasons, the moments with the commissioning of new jobs are described, the change technological process, change in the composition of raw materials, etc.

Changes made to Article 17 of the latest version of the federal law:

part 2 - the period for conducting an unscheduled inspection from the moment the causes arose has been increased from 6 to 12 months;
part 3 has been added, which states that, if the name of the entrepreneur changes, an unscheduled inspection may not be carried out;
added part 4, which indicates that, before the report is approved, the deterioration of working conditions for employees is not allowed by law.

Art. eighteen

The object of consideration of this article of the law is the federal state information system, where the results of scheduled and unscheduled inspections of the special assessment of working conditions are entered. Article 18 of Federal Law 426 describes the information entered into the system and the obligations of the organization conducting this procedure.

Changes in the law as a result of the last edition affected the following points:

part 1 art. FZ 426 - an exception has been added when the data of the verification results are not transferred to information system accounting - if they are part of a state secret;
subparagraph "d", paragraph 2, part 2 of Art. FZ 426 - now it indicates the need for certification individual means protection of workers;
subparagraph "e", paragraph 2, part 2 of Art. FZ 426 - the wording "early labor pension" was replaced by "early old-age insurance pension";
in paragraph 2, part 2 of the article of the law, subparagraph “i” was added, which refers to when the declaration on the compliance of working conditions with state standards ceases to be valid.

Art. nineteen

This component of Federal Law 426 lists the requirements for an organization that conducts a special assessment of working conditions, including the availability of experts and a testing laboratory.

The latest version of the law removed the term “doctor” from this article of Federal Law 426, leaving descriptions of specialties.

Art. 21

This article of Federal Law 426 provides a description of the register of organizations and experts conducting a special assessment of working conditions. This applies to the data entered: full name (for experts), names (for organizations), date of entry in the register, etc.

Paragraph 1, part 4 of Federal Law 426 received an expanded wording. Now in it in question not about the name and location of the entire organization, but of a separate branch.

Art. 24

This article of the Federal Law 426 describes the procedure for assessing the quality of the SOUT, by whom and how it is carried out, as well as how conflicts and disagreements are resolved in this matter.

As a result of the last edition of the law, paragraph 2, part 2 of this article was expanded. Now an organization conducting a special assessment of working conditions on the basis of Federal Law 426 can also submit an application for an examination.

Art. 27

Article No. 27 of Federal Law 426 describes transitional provisions.

In part 4 of the article it is indicated that the implementation of the SOUT may be postponed for up to 5 years, if even before the entry into force of this law, worker certification was carried out there.

Part 6 of Article 27 of Federal Law 426, referring to Part 6 of Article 10 of this Law, lists cases where a special assessment of working conditions is carried out in stages, but with the condition of completion before December 31, 2020.

Explore the main changes as well.

What classes of working conditions are established by law

Article 15 of Law No. 426-FZ

The results of the special assessment

Article 16 of Law No. 426-FZ

What features of special assessment are available at individual workplaces

1. When similar jobs are identified, a special assessment of working conditions is carried out for 20 percent of jobs out of the total number of such jobs (but not less than two jobs), and its results are applied to all similar jobs.
2. For similar jobs filled one card special assessment of working conditions.
3. In relation to similar workplaces, a unified list of measures to improve the conditions and labor protection of workers is being developed.
4. A special assessment of working conditions at workplaces with territorially changing working areas, where the working area is considered to be a part of the workplace equipped with the necessary means of production, in which one employee or several workers perform similar work or technological operations, is carried out by preliminary determining typical technological operations characterized by the presence of the same harmful and (or) dangerous production factors, and the subsequent assessment of the impact on workers of these factors when performing such work or operations. The execution time of each technological operation is determined by an expert of the organization conducting a special assessment of working conditions, based on local regulations, by interviewing employees and their immediate supervisors, as well as by timing.
5. If, during a special assessment of working conditions, at least one workplace, which does not meet the similarity criteria established by Article 9 of this Federal Law, from among the workplaces previously recognized as similar, a special assessment of working conditions is carried out at all workplaces previously recognized as similar.

Article 17 of Law No. 426-FZ

When is an unscheduled special assessment carried out?

1. An unscheduled special assessment of working conditions should be carried out in the following cases:
1) commissioning newly organized jobs;
2) receipt by the employer instructions from the state labor inspector on conducting an unscheduled special assessment of working conditions in connection with those identified in the course of federal state supervision of compliance with labor law and other regulatory legal acts containing norms labor law, violations of the requirements of this Federal Law;
3) process change, replacement production equipment which are capable of influencing the level of exposure to harmful and (or) hazardous production factors on workers;
4) change in the composition of the materials used and (or) raw materials capable of influencing the level of exposure to harmful and (or) hazardous production factors on workers;
5) change in the applied means of individual and collective protection, capable of influencing the level of exposure to harmful and (or) hazardous production factors on workers;
6) happened at the workplace accident at work (with the exception of an accident at work that occurred through the fault of third parties) or identified Occupational Illness, the causes of which were the impact on the employee of harmful and (or) dangerous production factors;
7) availability motivated proposals elected bodies of primary trade union organizations or other representative body of workers on conducting an unscheduled special assessment of working conditions.
2. An unscheduled special assessment of working conditions is carried out at the relevant workplaces within six months from the date of the occurrence of the cases referred to in paragraph 1 of this Article.

January 01, 2014 was marked by the beginning of the law No. 426 FZ "On a special assessment of working conditions". On the same day, the existence of the previously existing order providing for certification of workplaces according to working conditions.

Who is required by law to conduct a special assessment of working conditions?

A special assessment of working conditions in accordance with the new law is included in the obligation for all employers if the staff list provides for at least one employee with whom an employment contract has been signed. All employers are required to comply with the law, regardless of the form of ownership. An exception is not made for employees who do not have a permanent workplace on the territory of the employer, for example, sales agents or merchandisers.

Only individual entrepreneurs are exempted from compliance with the law if they work completely independently and do not have a single employee. Individuals who have entered into contracts for the performance of any work with third-party third parties are not required to comply with the provisions of the law. This provision is valid only if the individual is not registered as an individual entrepreneur.

An employer using home work, if some or all of the employees work remotely from the parent company, is not required to carry out a procedure for such workplaces.

What is a special assessment of working conditions?

The law defines a special assessment of working conditions as a sequence of measures or procedures aimed at identifying production factors that adversely affect the health of those who work there. In this case, factors may be directly related to the labor function that the employee performs. And they can be justified by the general production environment in which the workplace. The labor function of a particular employee may not include either lifting weights or working with combustible substances. But, if his workplace, for reasons justified by production technology, is in a “hot” shop, then such a workplace can hardly be attributed to optimal or acceptable ones.

Only the employer is obliged to pay for all activities related to the law. No fees from employees are allowed.

The law allows those organizations that, as of January 1, 2014, had certification of workers in terms of working conditions, to conduct the first special assessment after 5 calendar years, but no later than December 31, 2018.

Companies registered after 01/01/2014 are required by law to conduct an initial assessment no later than December 31, 2018. At the same time, a phased procedure is allowed to reduce the one-time financial burden.

Assessment of working conditions for office workers

If the workplace is located on the territory of the organization or individual entrepreneur, then it is in without fail must be subjected to a special assessment of working conditions. This also applies to those who work only in the office at computers; and those who work in production; and workers classified as service personnel, such as watchmen, watchmen, cleaners, etc. There is an erroneous opinion that office jobs are subject to declaration, i.e. the organization conducting the special assessment indicates in its conclusion that there are no factors that adversely affect health at the workplace and all these data are entered in the declaration.

But what about the illumination of the work surface? Artificial illumination should be measured at all workplaces.

Of course, there are jobs to be declared, but they are negligible. The declaration form was approved by Order of the Ministry of Labor dated February 7, 2014 No. 82n. The declaration is submitted by the employer and is valid for 5 calendar years. If during this period the working conditions at these workplaces do not change, then the declaration period will be extended for another 5 years.

But, this relief does not apply to the cases, which will be discussed below, in accordance with which the enterprise will be obliged to conduct an unscheduled procedure for assessing jobs.

When and why is an unscheduled special assessment of working conditions carried out?

If an enterprise or organization has a valid document confirming the implementation of all the necessary measures provided for by Federal Law No. 426-ФЗ “On a Special Assessment of Working Conditions”, then if at least one of the following circumstances exists, it becomes necessary to conduct an extraordinary or unscheduled special assessment.
The list of such situations is defined by Art. 17 FZ-426 and includes:

creation of a new workplace, which did not exist at the time of the last special assessment. For such cases, legislators set aside 6 calendar months for the passage of all necessary measures;
an accident that occurred at the workplace that passed the test. This also includes cases of occupational diseases of workers;
there have been significant changes in the technological process; materials, components, means of labor, equipment have changed. If changes have taken place in better side, then the employer, even if there are costs, will be interested in conducting an unscheduled special assessment of working conditions, since it is its results that will be taken into account when calculating contributions for additional pension provision paid in the FIU;
the labor inspectorate may decide that a special assessment is necessary, without waiting for the prescribed 5 years, if numerous complaints about working conditions are received.

Special assessment of working conditions. Why carry it out?

The previously existing procedure for attestation of workplaces in terms of working conditions was also mandatory for everyone. But, many preferred to pay a relatively small fine, but not to carry out an expensive procedure. Under the current conditions, the law does not leave such a choice: a fine or a special assessment. Since the beginning of 2015, the fine for an official has been from 5 to 10 thousand rubles. An organization that refuses to carry out the procedures prescribed by law will be punished in the amount of 60 to 80 thousand rubles. All fines and punishments for labor protection are described in detail in Part 2 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation. If the company, fined once, does not take measures to correct the situation, then the repeated punishment will be even tougher. The official this time can be included in the list of disqualified persons for up to 3 years. The fine for enterprises increases to 200 thousand rubles. Depending on the circumstances, the activities of the enterprise may be suspended for up to 90 days. Part 5 becomes the basis for re-punishment. Art. 5.27.1, part 23 of Art. 19.5 of the Code of Administrative Offenses of the Russian Federation.

The procedure for conducting a special assessment of working conditions

An enterprise that is obliged or intends to voluntary to conduct a special assessment of working conditions is obliged to conclude an agreement with an organization that has a certificate or license for a similar type of activity. Conducting a special assessment of working conditions should be recorded as the main or additional view activities for this organization. In addition, the organization must meet the following requirements:

the state should provide for 5 or more experts - holders of certificates allowing their owner to perform work related to a special assessment of working conditions;
at least one of these experts must have a graduate medical degree in hygiene, whether general hygiene, occupational health, laboratory studies of sanitary and hygienic orientation;
the organization must have its own testing laboratory with appropriate accreditation;
the organization is included at the time of the special assessment in the register of companies entitled to engage in this type of activity.

The head of the enterprise where the special assessment is being carried out issues an order with his signature on the creation of a commission. It is recommended that the number of members be odd. The commission must include a person who is responsible for labor protection at the enterprise. The legislation provides that organizations with 50 or more employees must have a dedicated unit responsible for labor protection. If a payroll less than 50 people, then it is possible to combine positions.

Behind the scenes it is recommended to put in order all the magazines related to safety. Will be requested by the commission also staffing and employment contracts with all employees. If there are units in the staffing table, the reduction of which has already occurred or is planned in the immediate future, then it is recommended to cross them out before the start of the work of the commission. If the company plans to expand the staff in the near future, then before the start of all procedures, it is better to add all positions to the staffing table. This will avoid extraordinary special assessments. This must be done in advance, as jobs for a special assessment will be selected directly from the staffing table.

The selected organization with which the contract for the provision of this type of service is concluded conducts research at all workplaces to identify factors that have a negative impact on health. After all the necessary tests and measurements have been carried out, the organization performing the special assessment draws up a report in accordance with the order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n. All measurement protocols and expert reports must be attached to the report. Familiarize yourself with the list of documents that must be attached to the report without fail (clause 1, article 15 of Law No. 426-FZ). The report must be signed by all members of the commission and endorsed by the head of the enterprise.

Each workplace, according to the results of the assessment, receives an assigned class:

Class 1 - the workplace is considered absolutely safe for health;
Class 2 - working conditions at such a place are considered acceptable;
Grade 3 - work in such a workplace can be harmful to health;
Grade 4 - work in such conditions is dangerous to life and health.

The classification of jobs is described in detail in Part 2, Part 2. 3, section 14 of Law No. 426-FZ. If the enterprise has jobs with a 3rd or 4th hazard class, the organization will be required to pay additional contributions to the Pension Fund in accordance with Art. 58.3 of the Federal Law of July 24, 2009 No. 2012-FZ "On insurance contributions to the PRF".

The assessment has been made. What then?

Each employee of the enterprise within 30 days from the date of completion of the audit must familiarize himself with the conclusions of the commission and the expert against signature. If the enterprise has an official website, then during the same time the results should be posted on it. This is done in accordance with paragraph 6 of article 15 Law No. 426 FZ "On a special assessment of working conditions".

For an enterprise, the assessment of working conditions serves as the basis for charging additional contributions to the Pension Fund. The amount of contributions is determined in accordance with the letter of the Pension Fund of the Russian Federation of February 12, 2014 No. NP-30-26/1707 “On additional rates for insurance premiums”. The maximum additional rate is 8%. For workplaces, the working conditions of which are recognized as optimal or acceptable, no additional tariff is charged.

For jobs for which harmful factors not identified, a declaration of conformity is drawn up, provided in the appropriate form and procedure to the labor inspectorate. The validity period of such a declaration does not exceed 5 years, that is, until the next special assessment of working conditions.

Article 1. Subject of regulation of this Federal Law

1. The subject of regulation of this Federal Law are relations arising in connection with the conduct of a special assessment of working conditions, as well as with the implementation of the obligation of the employer to ensure the safety of employees in the course of their work and the rights of employees to workplaces that comply with state regulatory requirements for labor protection.

2. This Federal Law establishes the legal and organizational framework and procedure for conducting a special assessment of working conditions, determines legal status, rights, duties and responsibilities of participants in a special assessment of working conditions.

Article 2. Regulation of the special assessment of working conditions

1. Regulation of a special assessment of working conditions is carried out Labor Code of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.

2. The norms governing the special assessment of working conditions and contained in federal laws and other regulatory legal acts of the Russian Federation must comply with the norms of the Labor Code of the Russian Federation and this Federal Law.

3. If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, the rules of the international treaty shall apply.

Article 3. Special assessment of working conditions

1. A special assessment of working conditions is a single set of consistently implemented measures to identify harmful and (or) dangerous factors production environment and labor process(hereinafter also - harmful and (or) dangerous production factors) and assessing the level of their impact on the employee, taking into account the deviation of their actual values from the standards (hygienic standards) of working conditions and the use of personal and collective protective equipment established by the federal executive body authorized by the Government of the Russian Federation workers.

2. Based on the results of a special assessment of working conditions, classes (subclasses) of working conditions at workplaces are established.

3. A special assessment of working conditions is not carried out in relation to the working conditions of homeworkers, teleworkers and workers who have entered into labor Relations with employers - individuals who are not individual entrepreneurs.

4. Conducting a special assessment of working conditions in relation to the working conditions of state civil servants and municipal employees is regulated by federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation on the state civil service and on municipal service.

Article 4. The rights and obligations of the employer in connection with the conduct of a special assessment of working conditions

1. The employer has the right:

1) require the organization conducting a special assessment of working conditions to substantiate the results of its conduct;

2) conduct an unscheduled special assessment of working conditions in the manner prescribed by this Federal Law;

3) require from the organization conducting a special assessment of working conditions documents confirming its compliance with the requirements established by this Federal Law;

4) appeal, in accordance with the procedure established by this Federal Law, against the actions (inaction) of an organization conducting a special assessment of working conditions.

2. The employer is obliged:

1) ensure the conduct of a special assessment of working conditions, including an unscheduled special assessment of working conditions, in cases established by this Federal Law;

2) provide the organization conducting a special assessment of working conditions with the necessary information, documents and information that are provided for by the civil law contract specified in this Federal Law and which characterize the working conditions at the workplace, as well as explanations on the issues of conducting a special assessment of working conditions ;

3) not take any deliberate actions aimed at narrowing the range of issues to be clarified during a special assessment of working conditions and affecting the results of its conduct;

4) familiarize the employee in writing with the results of a special assessment of working conditions at his workplace;

5) give the employee the necessary explanations on the issues of conducting a special assessment of working conditions at his workplace;

6) to implement measures aimed at improving the working conditions of employees, taking into account the results of a special assessment of working conditions.

Article 5. Rights and obligations of an employee in connection with a special assessment of working conditions

1. The employee has the right:

1) be present during a special assessment of working conditions at his workplace;

2) contact the employer, his representative, the organization conducting a special assessment of working conditions, an expert of the organization conducting a special assessment of working conditions (hereinafter also referred to as the expert) for clarification on the issues of conducting a special assessment of working conditions at his workplace;

3) appeal against the results of a special assessment of working conditions at his workplace in accordance with this Federal Law.

2. The employee is obliged to familiarize himself with the results of a special assessment of working conditions carried out at his workplace.

Article 6. Rights and obligations of an organization conducting a special assessment of working conditions

1. An organization conducting a special assessment of working conditions has the right to:

1) refuse, in accordance with the procedure established by this Federal Law, to conduct a special assessment of working conditions if during its conduct a threat to the life or health of employees of such an organization has arisen or may arise;

2) appeal to in due course instructions officials federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, and its territorial bodies.

2. An organization conducting a special assessment of working conditions is obliged to:

1) provide, at the request of the employer, a representative of the elected body of the primary trade union organization or other representative body of employees, with substantiation of the results of a special assessment of working conditions, as well as give explanations to employees on the issues of conducting a special assessment of working conditions at their workplaces;

2) provide, at the request of the employer, documents confirming the compliance of this organization with the requirements established by this Federal Law;

3) to apply approved and certified in the manner prescribed by the legislation of the Russian Federation on ensuring the uniformity of measurements, methods of research (tests) and methods (methods) of measurements and the corresponding measuring instruments that have been verified and included in the Federal Information Fund for ensuring the uniformity of measurements;

4) not to start a special assessment of working conditions or suspend its conduct in the following cases:

a) failure by the employer to provide the necessary information, documents and information, which are provided for by the civil law contract specified in this Federal Law, and which characterize the working conditions at the workplace, as well as explanations on the issues of conducting a special assessment of working conditions;

b) the refusal of the employer to provide the conditions necessary for conducting research (testing) and measuring identified harmful and (or) hazardous production factors, in accordance with the civil law contract specified in this Federal Law;

5) keep commercial and other legally protected secrets that have become known to this organization in connection with its activities in accordance with this Federal Law.

Article 7. Application of the results of a special assessment of working conditions

The results of a special assessment of working conditions can be used to:

1) development and implementation of measures aimed at improving the working conditions of employees;

2) informing employees about working conditions in the workplace, about the existing risk of damage to their health, about measures to protect against the effects of harmful and (or) dangerous production factors and rely on employees working in jobs with harmful and (or) dangerous working conditions, guarantees and compensations;

3) providing employees with personal protective equipment, as well as equipping workplaces with collective protective equipment;

4) monitoring the state of working conditions in the workplace;

5) organizing, in cases established by the legislation of the Russian Federation, mandatory preliminary (upon employment) and periodic (during employment) medical examinations of employees;

6) establishment of guarantees and compensations provided for by the Labor Code of the Russian Federation for employees;

7) establishing an additional rate of insurance premiums in Pension Fund Russian Federation, taking into account the class (subclass) of working conditions at the workplace;

8) calculation of discounts (surcharges) to the insurance rate for compulsory social insurance against accidents at work and occupational diseases;

9) substantiation of financing of measures to improve working conditions and labor protection, including at the expense of funds for the implementation of mandatory social insurance from accidents at work and occupational diseases;

10) preparation statistical reporting about working conditions;

11) resolving the issue of the relationship of diseases that have arisen among workers with the impact on workers at their workplaces of harmful and (or) dangerous production factors, as well as the investigation of accidents at work and occupational diseases;

12) consideration and settlement of disagreements related to ensuring safe working conditions between employees and the employer and (or) their representatives;

13) definitions in cases established by federal laws and other regulatory legal acts of the Russian Federation, and taking into account state regulatory requirements for labor protection of types sanitary services and medical support for employees, their volume and conditions for their provision;

14) making a decision on the establishment of restrictions provided for by labor legislation for certain categories of employees;

15) assessing the levels of professional risks;

16) other purposes provided for by federal laws and other regulatory legal acts of the Russian Federation.

Chapter 2. PROCEDURE FOR CONDUCTING A SPECIAL ASSESSMENT

WORKING CONDITIONS

Article 8. Organization of a special assessment of working conditions

1. Responsibilities for organizing and financing the conduct of a special assessment of working conditions are assigned to the employer.

2. A special assessment of working conditions is carried out jointly by the employer and an organization or organizations that meet the requirements of this Federal Law and are involved by the employer on the basis of a civil law contract.

3. A special assessment of working conditions is carried out in accordance with the methodology for its implementation, approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

4. A special assessment of working conditions at the workplace is carried out at least once every five years, unless otherwise provided by this Federal Law. The specified period is calculated from the date of approval of the report on the special assessment of working conditions.

5. In the event of a special assessment of working conditions in relation to the working conditions of employees admitted to information classified as a state or other secret protected by law, it is carried out taking into account the requirements of the legislation of the Russian Federation on state and other secrets protected by law.

Article 9. Preparation for conducting a special assessment of working conditions

1. In order to organize and conduct a special assessment of working conditions, the employer forms a commission for conducting a special assessment of working conditions (hereinafter referred to as the commission), the number of members of which must be odd, and the schedule for conducting a special assessment of working conditions is also approved.

2. The commission includes representatives of the employer, including a labor protection specialist, representatives of the elected body of the primary trade union organization or other representative body of employees (if any). The composition and procedure for the activities of the commission are approved by the order (instruction) of the employer in accordance with the requirements of this Federal Law.

3. When an employer, classified in accordance with the legislation of the Russian Federation as a small business, conducts a special assessment of working conditions, the commission includes the employer - individual entrepreneur(personally), the head of the organization, other authorized representatives of the employer, including a labor protection specialist or a representative of an organization or a specialist engaged by the employer under a civil law contract to perform the functions of a labor protection service (labor protection specialist), representatives of the elected body of the primary trade union organization or other representative body of employees (if any).

4. The commission is headed by the employer or his representative.

5. Prior to the commencement of work on the special assessment of working conditions, the commission approves a list of jobs where a special assessment of working conditions will be carried out, indicating similar jobs.

6. For the purposes of this Federal Law, similar jobs are jobs that are located in one or more similar industrial premises (production zones) equipped with the same (same type) ventilation, air conditioning, heating and lighting systems, where employees work one at a time and the same profession, position, specialty, carry out the same labor functions in the same mode of working hours while conducting the same type of technological process using the same production equipment, tools, devices, materials and raw materials and are provided with the same personal protective equipment.

Note.

For jobs listed in , a special assessment of working conditions is carried out in general order provided for by this Federal Law, until the federal executive body authorized by the Government of the Russian Federation establishes the specifics of conducting a special assessment of working conditions at such workplaces ( this document).

7. With regard to jobs in organizations engaged in certain types of activities, as well as in the event that the performance of work on a special assessment of working conditions creates or may create a threat to the life or health of an employee, members of the commission, other persons, a special assessment of working conditions is carried out with taking into account the specifics established by the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of labor, in agreement with the federal executive body that exercises the functions of developing state policy and legal regulation in the relevant field of activity, State Corporation on Atomic Energy "Rosatom" and taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. The list of jobs in organizations engaged in certain types of activities in respect of which a special assessment of working conditions is carried out taking into account the features established by the federal executive body authorized by the Government of the Russian Federation (including, if necessary, assessing the injury risk of jobs), is approved by the Government of the Russian Federation, taking into account the opinion Russian tripartite commission for the regulation of social and labor relations.

Article 10. Identification of potentially harmful and (or) hazardous production factors

1. The identification of potentially harmful and (or) hazardous production factors is understood as the comparison and establishment of the coincidence of the factors of the production environment and the labor process at the workplace with the factors of the production environment and the labor process provided for by the classifier of harmful and (or) hazardous production factors approved by the federal body executive power, which performs the functions of developing and implementing state policy and legal regulation in the field of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. The procedure for identifying potentially harmful and (or) hazardous production factors is established by the methodology for conducting a special assessment of working conditions provided for by this Federal Law.

2. Identification of potentially harmful and (or) hazardous production factors in the workplace is carried out by an expert of the organization conducting a special assessment of working conditions. The results of the identification of potentially harmful and (or) hazardous production factors are approved by a commission formed in the manner prescribed by this Federal Law.

3. When carrying out the identification of potentially harmful and (or) hazardous production factors at workplaces, the following should be taken into account:

1) production equipment, materials and raw materials used by employees and being sources of harmful and (or) dangerous production factors that are identified and in the presence of which, in cases established by the legislation of the Russian Federation, mandatory preliminary (upon employment) and periodic (in course of work) medical examinations workers;

2) the results of studies (tests) and measurements of harmful and (or) hazardous production factors previously carried out at these workplaces;

3) cases of industrial injuries and (or) the establishment of an occupational disease that arose in connection with the impact on the employee at his workplace of harmful and (or) dangerous production factors;

4) proposals of employees on the implementation at their workplaces of identification of potentially harmful and (or) dangerous production factors.

4. If harmful and (or) dangerous production factors at the workplace are not identified, the working conditions at this workplace are recognized by the commission as acceptable, and research (testing) and measurement of harmful and (or) dangerous production factors are not carried out.

5. If harmful and (or) dangerous production factors at the workplace are identified, the commission decides to conduct research (tests) and measurements of these harmful and (or) dangerous production factors in the manner established by this Federal Law.

Note.

For jobs not listed in , a special assessment of working conditions can be carried out in stages and must be completed no later than December 31, 2018 ( this document).

6. Identification of potentially harmful and (or) hazardous production factors is not carried out in relation to:

1) workplaces of employees, professions, positions, specialties of which are included in the lists of relevant jobs, industries, professions, positions, specialties and institutions (organizations), taking into account which early assignment of an old-age labor pension is carried out;

2) workplaces in connection with work at which employees are provided with guarantees and compensations for work with harmful and (or) dangerous working conditions in accordance with legislative and other regulatory legal acts;

3) workplaces where harmful and (or) dangerous working conditions were established based on the results of earlier certification of workplaces for working conditions or a special assessment of working conditions.

7. The list of harmful and (or) dangerous production factors subject to research (testing) and measurement at the workplaces specified in this article is determined by an expert of the organization conducting a special assessment of working conditions, based on the list of harmful and (or) dangerous production factors specified in parts of this federal law.

Article 11. Declaration of compliance of working conditions with state regulatory requirements for labor protection

1. In relation to workplaces where harmful and (or) dangerous production factors are not identified as a result of identification, the employer submits to the territorial body of the federal executive body authorized to conduct federal state supervision over compliance with labor laws and other regulatory legal acts, containing norms of labor law, at the place of its location, a declaration of compliance of working conditions with state regulatory requirements for labor protection.

2. The form and procedure for filing a declaration of compliance of working conditions with the state regulatory requirements for labor protection are established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor.

3. The federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms shall ensure the formation and maintenance of a register of declarations of compliance of working conditions with state regulatory labor protection requirements in the manner established by the federal executive body executing the functions of developing and implementing state policy and legal regulation in the field of labor.

4. Declaration of compliance of working conditions with state regulatory requirements for labor protection is valid for five years. The specified period is calculated from the date of approval of the report on the special assessment of working conditions.

5. In the event that during the period of validity of the declaration of compliance of working conditions with state regulatory requirements for labor protection, an employee employed at the workplace in respect of which this declaration was adopted, an accident occurred at work (with the exception of an accident at work that occurred due to the fault of third parties). persons) or he has an occupational disease, the cause of which was the impact on the employee of harmful and (or) dangerous production factors, in relation to such a workplace, this declaration is terminated and an unscheduled special assessment of working conditions is carried out.

6. The decision to terminate the declaration of compliance of working conditions with state regulatory requirements for labor protection is taken by the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, about which no later than within ten calendar days from the date of the occurrence of the circumstances specified in this article, an appropriate entry is made in the register of declarations of compliance of working conditions with state regulatory requirements for labor protection.

7. After the expiration of the declaration of compliance of working conditions with state regulatory requirements for labor protection and in the absence of the circumstances specified in this article during the period of its validity, the validity of this declaration is considered extended for the next five years.

Article 12. Research (testing) and measurement of harmful and (or) hazardous production factors

1. All harmful and (or) hazardous production factors that are identified in the manner established by this Federal Law are subject to research (testing) and measurement.

2. The list of harmful and (or) hazardous production factors subject to research (testing) and measurement is formed by the commission based on the state regulatory requirements for labor protection, the characteristics of the technological process and production equipment, the materials and raw materials used, the results of previous studies (tests) and measurements of harmful and (or) hazardous production factors, as well as based on the proposals of employees.

3. Research (testing) and measurement of the actual values of harmful and (or) hazardous production factors are carried out by the testing laboratory (center), experts and other employees of the organization conducting a special assessment of working conditions.

4. When conducting research (tests) and measurements of harmful and (or) hazardous production factors, approved and certified in the manner established by the legislation of the Russian Federation on ensuring the uniformity of measurements, methods of research (tests) and methods (methods) of measurements and their corresponding means measurements that have been verified and entered into the Federal Information Fund for Ensuring the Uniformity of Measurements.

5. Methods of research (testing) and techniques, methods of measuring harmful and (or) dangerous production factors, the composition of experts and other employees conducting these studies (testing) and measurements are determined by the organization conducting a special assessment of working conditions independently.

6. The results of studies (tests) and measurements of harmful and (or) hazardous production factors are documented in protocols for each of these harmful and (or) hazardous production factors subjected to research (tests) and measurements.

7. As the results of studies (tests) and measurements of harmful and (or) dangerous production factors, the results of studies (tests) and measurements of harmful and (or) dangerous production factors carried out by a testing laboratory (center) accredited in accordance with the legislation of the Russian Federation ) in the implementation of organized in the prescribed manner at the workplace production control for working conditions, but not earlier than six months before a special assessment of working conditions. The decision on the possibility of using these results when conducting a special assessment of working conditions is made by the commission on the proposal of an expert of the organization conducting a special assessment of working conditions.

8. Based on the results of research (tests) and measurements of harmful and (or) hazardous production factors, an expert of an organization conducting a special assessment of working conditions classifies working conditions at workplaces according to the degree of harmfulness and (or) danger to classes (subclasses) of working conditions .

9. The Commission has the right to decide on the impossibility of conducting research (tests) and measurements of harmful and (or) hazardous production factors if the conduct of these studies (tests) and measurements at workplaces can endanger the lives of workers, experts and (or) other employees of the organization conducting a special assessment of working conditions, as well as other persons. The working conditions at such workplaces belong to a dangerous class of working conditions without appropriate research (testing) and measurements.

10. The decision on the impossibility of conducting research (tests) and measurements on the grounds specified in this article is drawn up in the protocol of the commission containing the rationale for making this decision and being an integral part of the report on the special assessment of working conditions.

11. The employer, within ten working days from the date of the adoption of the decision specified in this article, sends to the territorial body of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, at the place of its finding a copy of the protocol of the commission containing this decision.

Article 13

1. In order to conduct a special assessment of working conditions, the following harmful and (or) dangerous factors of the working environment are subject to research (testing) and measurement:

1) physical factors - aerosols of predominantly fibrogenic action, noise, infrasound, air ultrasound, general and local vibration, non-ionizing radiation (electrostatic field, constant magnetic field, including hypogeomagnetic, electric and magnetic fields of industrial frequency (50 Hertz), alternating electromagnetic fields, including radio frequency and optical range (laser and ultraviolet), ionizing radiation, microclimate parameters (air temperature, relative humidity, air velocity, infrared radiation), parameters of the light environment ( artificial lighting(illumination) of the working surface);

2) chemical factors - chemical substances and mixtures measured in the air of the working area and on the skin of workers, including some substances of a biological nature (antibiotics, vitamins, hormones, enzymes, protein preparations), which are obtained by chemical synthesis and (or) for content control of which methods are used chemical analysis;

3) biological factors - microorganisms-producers, living cells and spores contained in bacterial preparations, pathogenic microorganisms - pathogens of infectious diseases.

2. In order to conduct a special assessment of working conditions, the following harmful and (or) dangerous factors of the labor process are subject to research (testing) and measurement:

1) the severity of the labor process - indicators of physical load on the musculoskeletal system and on the functional systems of the worker's body;

2) the intensity of the labor process - indicators of sensory load on the central nervous system and sensory organs of the worker.

3. The testing laboratory (center) conducts research (tests) and measurements of the following harmful and (or) dangerous factors of the production environment and the labor process:

1) air temperature;

2) relative air humidity;

3) air speed;

4) intensity and exposure dose of infrared radiation;

7) the intensity of the alternating electric field of electromagnetic radiation in the radio frequency range;

8) AC tension magnetic field electromagnetic radiation of the radio frequency range;

10) intensity of sources of ultraviolet radiation in the wavelength range of 200 - 400 nanometers;

11) energy illumination in the wavelength ranges UV-A (= 400 - 315 nanometers), UV-B (= 315 - 280 nanometers), UV-C ( = 280 - 200 nanometers);

12) energy exposure of laser radiation;

13) ambient dose equivalent rate of gamma radiation, X-ray and neutron radiation;

14) radioactive contamination of production premises, elements of production equipment, personal protective equipment and skin of workers;

15) sound level;

16) total sound pressure level of infrasound;

17) air ultrasound;

18) general and local vibration;

19) illumination of the working surface;

20) the concentration of harmful chemicals, including substances of biological nature (antibiotics, vitamins, hormones, enzymes, protein preparations), which are obtained by chemical synthesis and (or) to control the content of which chemical analysis methods are used, as well as the concentration of mixtures of such substances in the air of the working area and on the skin of workers (in accordance with the scope of accreditation of the testing laboratory (center);

21) mass concentration of aerosols in the air of the working area;

22) the severity of the labor process (the length of the path of movement of the load, muscle effort, the mass of the goods being moved, the angle of inclination of the body of the worker's body and the number of inclinations per working day (shift), the time the load is held, the number of stereotyped working movements);

a) is scheduling production processes, control vehicles(the duration of concentrated observation, the density of signals (light, sound) and messages per unit of time, the number of production objects of simultaneous observation, the load on the auditory analyzer, the time of active observation of the production process);

b) consists in servicing production processes of a conveyor type (the duration of a single operation, the number of elements (methods) required to implement a single operation);

c) associated with long-term work with optical instruments;

24) biological factors (in accordance with the scope of accreditation of the testing laboratory (center).

4. For certain types of work, professions, positions, specialties, by the federal executive body in charge of the development and implementation of state policy and legal regulation in the field of labor, together with the federal executive body in charge of the development of state policy and regulatory legal regulation in the relevant field of activity, the State Atomic Energy Corporation "Rosatom" in agreement with the federal executive body responsible for organizing and implementing federal state sanitary and epidemiological supervision, and taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, may establish an additional list of harmful and (or) dangerous factors of the working environment and the labor process, subject to research (testing) and measurement during a special assessment of working conditions.

Article 14. Classification of working conditions

1. Working conditions according to the degree of harmfulness and (or) danger are divided into four classes - optimal, permissible, harmful and dangerous working conditions.

2. Optimal working conditions (class 1) are working conditions under which the impact on the employee of harmful and (or) hazardous production factors is absent or the levels of exposure to which do not exceed the levels established by the standards (hygienic standards) of working conditions and accepted as safe for humans , and prerequisites are created to maintain a high level of employee performance.

3. Permissible working conditions (class 2) are working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which do not exceed the levels established by the standards (hygienic standards) of working conditions, and the altered functional state of the employee's body is restored during a regulated rest or by the beginning of the next working day (shift).

4. Harmful working conditions (class 3) are working conditions under which the levels of exposure to harmful and (or) hazardous production factors exceed the levels established by the standards (hygienic standards) of working conditions, including:

1) subclass 3.1 (harmful working conditions of the 1st degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, after exposure to which the altered functional state of the employee's body is restored, as a rule, with a longer period than before the start of the next working day (shift), cessation of exposure to these factors, and the risk of damage to health increases;

2) subclass 3.2 (harmful working conditions of the 2nd degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which can cause persistent functional changes in the employee's body, leading to the emergence and development of initial forms of occupational diseases or occupational diseases of mild severity (without loss of professional ability to work) arising after prolonged exposure (fifteen or more years);

3) subclass 3.3 (harmful working conditions of the 3rd degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which can cause persistent functional changes in the employee's body, leading to the emergence and development of occupational diseases of mild and moderate severity (with loss of professional ability to work) during the period of employment;

4) subclass 3.4 (harmful working conditions of the 4th degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which can lead to the emergence and development of severe forms of occupational diseases (with loss of general ability to work) in the period labor activity.

5. Hazardous working conditions (class 4) are working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which during the whole working day (shift) or part of it can endanger the life of the employee, and the consequences of exposure These factors cause a high risk of developing an acute occupational disease during the period of employment.

6. In the event that employees employed in workplaces with harmful working conditions use effective personal protective equipment that has passed mandatory certification in the manner prescribed by the relevant technical regulation, the class (subclass) of working conditions may be reduced by the commission based on the conclusion of an expert of an organization conducting a special assessment of working conditions, one degree in accordance with the methodology approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor, in agreement with the federal executive body responsible for organizing and implementing federal state sanitary and epidemiological supervision, and taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

7. By agreement with the territorial body of the federal executive body responsible for the organization and implementation of federal state sanitary and epidemiological supervision, at the location of the relevant workplaces, a reduction in the class (subclass) of working conditions by more than one degree is allowed in accordance with the methodology specified in this article.

8. With regard to jobs in organizations engaged in certain types of activities, a reduction in the class (subclass) of working conditions may be carried out in accordance with industry-specific features approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor, in agreement with the federal executive body responsible for organizing and implementing federal state sanitary and epidemiological supervision, and taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

9. The criteria for classifying working conditions at the workplace are established by the methodology for conducting a special assessment of working conditions provided for by this Federal Law.

Article 15. Results of a special assessment of working conditions

1. An organization conducting a special assessment of working conditions shall draw up a report on its conduct, which includes the following results of a special assessment of working conditions:

1) information about the organization conducting a special assessment of working conditions, with copies of documents confirming its compliance with the requirements established by this Federal Law;

2) a list of workplaces where a special assessment of working conditions was carried out, indicating harmful and (or) dangerous production factors that were identified at these workplaces;

3) cards of a special assessment of working conditions, containing information about the class (subclass) of working conditions at specific workplaces established by an expert of an organization conducting a special assessment of working conditions;

4) protocols for conducting research (tests) and measurements of identified harmful and (or) hazardous production factors;

5) protocols for evaluating the effectiveness of personal protective equipment;

6) protocol of the commission containing a decision on the impossibility of conducting research (tests) and measurements on the grounds specified in this Federal Law (if such a decision exists);

7) a summary sheet of a special assessment of working conditions;

8) a list of measures to improve the conditions and labor protection of employees at whose workplaces a special assessment of working conditions was carried out;

9) conclusions of an expert of the organization conducting a special assessment of working conditions.

2. The report on the special assessment of working conditions is signed by all members of the commission and approved by the chairman of the commission. A member of the commission who does not agree with the results of a special assessment of working conditions has the right to state in writing a reasoned dissenting opinion, which is attached to this report.

3. The form of a report on the conduct of a special assessment of working conditions and instructions for filling it out are approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor.

4. In relation to workplaces where harmful and (or) dangerous production factors are not identified, the report on the special assessment of working conditions shall contain the information provided for in paragraphs and of this article.

5. The employer organizes familiarization of employees with the results of a special assessment of working conditions at their workplaces against signature no later than thirty calendar days from the date of approval of the report on the special assessment of working conditions. The specified period does not include periods of temporary disability of the employee, being on vacation or business trip, periods of rest between shifts.

6. The employer, taking into account the requirements of the legislation of the Russian Federation on personal data and the legislation of the Russian Federation on state and other secrets protected by law, organizes the placement on its official website in the Internet information and telecommunication network (if such a website exists) of summary data on the results of a special assessment of working conditions in terms of establishing classes (subclasses) of working conditions at workplaces and a list of measures to improve the conditions and labor protection of workers at whose workplaces a special assessment of working conditions was carried out, no later than within thirty calendar days from the date of approval of the report on conducting a special assessment of working conditions.

Article 16. Features of conducting a special assessment of working conditions at individual workplaces

1. When similar jobs are identified, a special assessment of working conditions is carried out for 20 percent of jobs out of the total number of such jobs (but not less than two jobs) and its results are applied to all similar jobs.

2. For similar jobs, one card of a special assessment of working conditions is filled out.

3. In relation to similar workplaces, a unified list of measures to improve the conditions and labor protection of workers is being developed.

4. A special assessment of working conditions at workplaces with territorially changing working areas, where the working area is considered to be a part of the workplace equipped with the necessary means of production, in which one employee or several workers perform similar work or technological operations, is carried out by preliminary determining typical technological operations characterized by the presence of the same harmful and (or) dangerous production factors, and the subsequent assessment of the impact on workers of these factors when performing such work or operations. The execution time of each technological operation is determined by an expert of the organization conducting a special assessment of working conditions, based on local regulations, by interviewing employees and their immediate supervisors, as well as by timing.

5. If, during a special assessment of working conditions, at least one workplace is identified that does not meet the similarity criteria established by this Federal Law, from among the workplaces previously recognized as similar, a special assessment of working conditions is carried out at all workplaces previously recognized as similar .

Article 17. Carrying out an unscheduled special assessment of working conditions

1. An unscheduled special assessment of working conditions should be carried out in the following cases:

1) commissioning of newly organized jobs;

2) the employer receives an order from the state labor inspector to conduct an unscheduled special assessment of working conditions in connection with violations of the requirements of this Federal Law identified in the course of federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law norms;

3) change in the technological process, replacement of production equipment that can affect the level of exposure to harmful and (or) hazardous production factors on workers;

4) change in the composition of the materials used and (or) raw materials that can affect the level of exposure to harmful and (or) hazardous production factors on workers;

5) change in the applied means of individual and collective protection, which can affect the level of exposure to harmful and (or) hazardous production factors on workers;

6) an industrial accident that occurred at the workplace (with the exception of an industrial accident that occurred due to the fault of third parties) or an identified occupational disease, the causes of which were the exposure of the employee to harmful and (or) dangerous production factors;

7) availability of motivated proposals from elected bodies of primary trade union organizations or other representative body of employees to conduct an unscheduled special assessment of working conditions.

2. An unscheduled special assessment of working conditions is carried out at the relevant workplaces within six months from the date of occurrence of the cases specified in this article.

1) information about the organization conducting a special assessment of working conditions, with copies of documents confirming its compliance with the requirements established by Article 19 of this Federal Law;

2) a list of workplaces where a special assessment of working conditions was carried out, indicating harmful and (or) dangerous production factors that were identified at these workplaces;

3) cards of a special assessment of working conditions, containing information about the class (subclass) of working conditions at specific workplaces established by an expert of an organization conducting a special assessment of working conditions;

4) protocols for conducting research (tests) and measurements of identified harmful and (or) hazardous production factors;

5) a protocol for evaluating the effectiveness of personal protective equipment used by workers employed in workplaces with harmful working conditions that have passed mandatory certification in the manner prescribed by the technical regulations, carried out in order to reduce the class (subclass) of working conditions (in the event of such an assessment);

6) the protocol of the commission containing the decision on the impossibility of conducting research (tests) and measurements on the grounds specified in Part 9 of Article 12 of this Federal Law (if such a decision exists);

7) a summary sheet of a special assessment of working conditions;

8) a list of measures to improve the conditions and labor protection of employees at whose workplaces a special assessment of working conditions was carried out;

9) conclusions of an expert of the organization conducting a special assessment of working conditions.

5.1. The employer, within three working days from the date of approval of the report on the special assessment of working conditions, is obliged to notify the organization that conducted the special assessment of working conditions by any accessible way, providing the possibility of confirming the fact of such a notification, as well as sending to her a copy of the approved report on the special assessment of working conditions by registered by mail with acknowledgment of receipt or in the form electronic document signed by a qualified electronic signature. If the report on the special assessment of working conditions contains information constituting a state or other secret protected by law, a copy of the said report is sent subject to the requirements of the legislation of the Russian Federation on state and other secrets protected by law.

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