home Calculators Labor Code of the Russian Federation attestation of workplaces. The procedure for attestation of workplaces for working conditions - Rossiyskaya Gazeta

Labor Code of the Russian Federation attestation of workplaces. The procedure for attestation of workplaces for working conditions - Rossiyskaya Gazeta

Information updated 03/25/2015

Denis Shofshan, tax consultant at FondInfo LLC

The procedure and conditions for the assessment are determined federal law which entered into force on January 1, 2014. A special assessment of working conditions is being carried out in accordance with the methodology approved, which entered into force on April 8, 2014. This means that in fact, specialized organizations received the right to conduct a special assessment of working conditions only on April 8, 2014. According to the results of the special assessment, classes and subclasses of working conditions at the workplaces of employees are established. For more information about what a special assessment is, whether the costs of its implementation can be taken into account in expenses, whether the results of a special assessment affect the amount of discounts on insurance premiums, etc., see the table at the end of the material.

Who needs a special assessment?

All employers are required to conduct a special assessment of working conditions (regardless of the taxation system and the number of employees). Furthermore, special evaluation all workplaces are subject to, regardless of whether there are sources of danger in the workplace or not. Office jobs are also subject to special assessment. There are no legal exceptions for them. Previously, the authorities also insisted on attestation of workplaces if the employee is at the computer for more than half of the working time (letter from the Ministry of Labor of Russia).
A special assessment can be omitted only in relation to ():

home workers;
remote workers;
workers employed by individuals who are not individual entrepreneurs.

A special assessment is carried out jointly by the employer and an organization that meets certain requirements ().

When to conduct a special assessment?

If prior to January 1, 2014, the company conducted a workplace certification, then its results are valid for five years from the date of completion. That is, a special assessment can not be carried out until December 31, 2018. However, it is necessary to conduct a special assessment outside the plan in the following cases (Article 17 of Law No. 426-FZ):

commissioning of new jobs;
obtaining an order from the state labor inspector to conduct an unscheduled assessment in connection with violations identified during the inspection by the labor inspectorate;
change technological process, replacement of production equipment that can affect the level of exposure to harmful and (or) hazardous production factors on employees;
change in the composition of the materials and (or) raw materials used that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
change in the applied means of individual and collective protection that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
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 the identification of an occupational disease, the causes of which were the exposure of the employee to harmful and (or) dangerous production factors;
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.

You can conduct a special assessment of working conditions before the expiration of the results of attestation of workplaces on your own initiative (clause 4, article 27 of Law No. 426-FZ).

How have the surcharges changed?

Since 2015 add. insurance premium rates increased compared to 2014 and 2013. In table. 1 shows tariffs for organizations that have not carried out either attestation or special assessment of working conditions.

1. The amount of additional tariffs for insurance premiums (if neither attestation nor special assessment of working conditions was carried out)

Note.* Tariffs in the FSS and FFOMS under these conditions have zero values.

If, according to the results of a special assessment of working conditions, classes (subclasses) of working conditions were determined, then from the date of approval of the report on its conduct, a differentiated scale of additional rates for insurance premiums should be applied (see Table 2; and a letter from the Ministry of Labor of Russia).

2. Differentiated scale of additional tariffs for insurance premiums (if classes of working conditions are established)

What about the certification?

The results of workplace certification can be used to establish differentiated tariffs until December 31, 2018. This requires the simultaneous fulfillment of four conditions ():

Certification established that working conditions in the workplace are harmful or dangerous.
The certification has not yet expired.
The results of certification are reflected in the documents that are drawn up no later than December 31, 2013 (letter from the Ministry of Labor of Russia).
Certification documents are drawn up according to the rules, approved. Orders of the Ministry of Health and Social Development of Russia or.

If the results of the attestation are drawn up correctly, then the same classes and subclasses of working conditions that are in force now should be reflected in the attestation documents. There have been no changes in the legislation of the Russian Federation in this part. So, for example, if the working conditions were recognized as dangerous by the certification, then additional contributions should be charged for payments at the rate of 8% (see Table 2).
However, keep in mind that if, according to the results of the certification, working conditions were found to be optimal or acceptable, then additional contributions should be charged at fixed rates: 6 or 9%. Zero rates cannot be applied in this case. Contributions can be reduced to zero only based on the results of a special assessment (). It turns out that some employers may benefit from an early special assessment of working conditions in order to reduce insurance premium rates.

Reporting to the FIU

Considering that the results of a special assessment of working conditions affect the applicable rate of additional insurance premiums, from the 1st quarter of 2014, reporting to the Pension Fund of the Russian Federation in this part has been updated. So, in the quarterly calculation in the form of RSV-1 PFR, approved. , the following can be distinguished:

section 2 is supplemented with a new subsection 2.4, which reflects information on insurance premiums at an additional rate depending on the class (subclass) of working conditions, which is established based on the results of a special assessment;
columns 3 and 13 have been added to section 4, which reflect additional accrued additional contributions paid on the basis of the results of the special assessment ();
in section 6 of subsection 6.7, the column "Code of a special assessment of labor" was added. The meaning of these codes can be found in Appendix No. 2 to the Procedure for filling out the calculation in the RSV-1 PFR form.

Reporting to the FSS

Table 10 “Information on the results of a special assessment of working conditions and mandatory preliminary and periodic medical examinations employees at the beginning of the year" section II of the calculation in the form-4 of the FSS, starting from the reporting for the 1st quarter of 2014, is filled out and submitted in without fail(Clause 2 of the Procedure for filling out Form 4-FSS). This table has been updated in connection with the introduction of a special assessment of working conditions.

Table 10 reflects data on a special assessment of working conditions, as well as on mandatory preliminary and periodic medical examinations at the beginning of the year (approved by Order of the Ministry of Labor of Russia dated March 19, 2013 No. 107n). Moreover, if the policyholder has not yet expired attestation of workplaces for working conditions, then the table must be filled out based on the results of such attestation.

Important nuances of a special assessment of jobs

Question	Answer
What is a special assessment?	A special assessment of working conditions is a single set of measures to identify harmful and dangerous factors the production environment and assessing the level of their impact on the employee, taking into account the deviation of the actual values from the established standards (). Based on the results of a special assessment, classes and subclasses of working conditions at workplaces are established ()
Who should conduct a special assessment?	A special assessment is carried out jointly by the employer and an organization that meets certain requirements. A civil law contract is concluded with such an organization ()
Which jobs are subject to special assessment?	All jobs are subject to a special assessment. Only working conditions are not evaluated (): - home workers; — remote workers; — employees employed by individuals who are not individual entrepreneurs
Does the special assessment affect the amount of the discount on insurance premiums for injuries?	Yes, the FSS authorities set a discount depending on the safety of working conditions based on the results of their special assessment (“On mandatory social insurance from accidents at work and occupational diseases»)
What is the responsibility for not conducting a special assessment?	Violation established order conducting a special assessment or its failure to conduct is a violation labor law. leader (or other executive) may be held liable in the form of an administrative fine from 5,000 to 10,000 rubles, the organization may be fined in the amount of 60,000 to 80,000 rubles. In case of a repeated violation, the size of the sanctions increases significantly, and instead of a fine, officials may be temporarily disqualified, and the organization's activities may be suspended. If an accident occurs at the enterprise, then the absence of the results of a special assessment can serve as evidence of the employer's guilt. In this case, it is possible to bring the head to criminal liability for.
The organization applies common system taxation. Is it possible to take into account the costs of a special assessment when calculating income tax?	The costs of conducting a special assessment of working conditions can be taken into account as part of other expenses (). If income and expenses are recognized on an accrual basis, then they can be taken into account after accepting work on a special assessment (). If income and expenses are recognized on a cash basis, then expenses are taken into account after payment and acceptance of the work performed (and other expenses for conducting a special assessment of working conditions), see F. Taking into account that the costs of conducting a special assessment of working conditions are classified as indirect costs, under the accrual method they reduce income tax in that reporting period, in which were implemented ()
Organizations apply special tax regimes (one company on the simplified tax system, the other on the UTND). Can the costs of a special assessment be taken into account in expenses when calculating a single tax?	If an organization applies the simplified tax system with the object of taxation "income", then the costs of conducting a special assessment will not affect the calculation of the single tax (). With the object of taxation "income minus expenses", it will also not be possible to take into account the costs. The fact is that such costs are not provided for in the closed list of costs that are taken into account when calculating the single tax under the simplified tax system (). If a company pays UTII, then the costs of conducting a special assessment of working conditions will also not affect the tax in any way, since it is calculated from imputed income indicators ()
Can the costs of a special appraisal be offset against the payment of insurance premiums?	Cash costs for a special assessment can be set off against the payment of injury premiums. This is provided for by the order of the Ministry of Labor of Russia dated February 20, 2014 No. 103n. You can set off a maximum of 20% of the amount of contributions

On the Declaration of Conformity and payment of a special assessment at the expense of the Social Insurance Fund

If, according to the results of a special assessment, working conditions are found to be optimal or acceptable, then the company must submit a special declaration to the labor inspectorate at its location. Its form and submission procedure have been approved. It was registered by the Ministry of Justice of Russia on May 22, 2014 under No. 32387 and entered into force on June 8, 2014.
Read about how to choose an "appraiser" and submit a declaration of conformity.
The costs of the special assessment can be offset against the payment of contributions for injuries, but not more than 20% of the amount of contributions. This is provided for, which was registered with the Ministry of Justice of Russia on May 15, 2014 under No. 32284 and entered into force.
Read about how to pay for a special assessment of working conditions and other safety measures at the expense of the FSS.

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

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

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

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

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

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

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

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

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

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

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

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

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

OUR REFERENCE

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

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

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

When drawing up this schedule, consider the following.

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

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

Exceptions are jobs:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Within three working days from the date of approval of the report on the special assessment of working conditions, the employer is obliged to notify the specialized organization about this, as well as send a copy of the approved report (). It can be done by anyone accessible way providing an opportunity to confirm the fact of such notification.

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

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

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

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

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

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

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

The information posted on the website must contain information about:

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

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

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

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

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

Why do you need job certification? Certification of workplaces for working conditions is an assessment of working conditions at workplaces, which is carried out to identify harmful or dangerous production factors and bring working conditions in line with state regulatory requirements for labor protection. The established classes (subclasses) of working conditions affect not only the amount of additional contributions to the PFR, but also the amount of guarantees and compensations provided to employees in accordance with the Labor Code of the Russian Federation.

Since 01/01/2014, the concept of "attestation of workplaces" has been replaced by the term "special assessment of working conditions" or "special assessment of working conditions". And if earlier the issues of attestation of workplaces were regulated by the Order of the Ministry of Health and Social Development of April 26, 2011 No. 342n, now the special assessment is carried out in accordance with the Federal Law of December 28, 2013 No. 426-FZ.

But given that the attestation of workplaces and their special assessment are essentially the same, despite the replacement of the term “attestation” by the term “special assessment” in the Labor Code of the Russian Federation, these concepts are often still used as equivalent. As synonymous concepts "special assessment" and "certification" will be used in our consultation.

Is job certification required or not?

The Labor Code of the Russian Federation provides that the employer is obliged to ensure a special assessment of working conditions in accordance with the legislation on special assessment (part 2 of article 212 of the Labor Code of the Russian Federation). Therefore, a special assessment is mandatory for the workplaces of all employees, except (part 3 of article 3 of the Federal Law of December 28, 2013 No. 426-FZ):

homeworkers;
remote workers;
employees who have entered labor Relations with employers-natural persons who are not individual entrepreneurs.

Absolutely all employers are required to conduct a special assessment before December 31, 2018 (part 4 of article 8, part 6 of article 27 of the Federal Law of December 28, 2013 No. 426-FZ).

If before 01.01.2014 the employer carried out certification of workplaces according to the old rules, he may not conduct a special assessment of working conditions in relation to such workplaces for 5 years from the date of completion of the last certification (part 4 of article 27 of the Federal Law of December 28, 2013 No. 426 -FZ). This rule does not apply to cases where the employer has an obligation to conduct an unscheduled special assessment (for example, when newly organized workplaces are commissioned, when receiving an order from a state labor inspector, or when replacing production equipment that may affect the level of exposure to harmful or hazardous factors) ( article 17 of the Federal Law of December 28, 2013 No. 426-FZ).

We talked in more detail about the procedure for assessing working conditions and attesting jobs in a separate one.

Job attestation: how many years is valid?

In general, a special assessment of working conditions at the workplace is carried out at least once every 5 years. Such a period is calculated from the date of approval of the report on the special assessment (part 4 of article 8 of the Federal Law of December 28, 2013 No. 426-FZ). Thus, the validity period of attestation (special assessment) of jobs, as a general rule, is 5 years.

Penalty for the lack of certification of workplaces 2018

Violation of the procedure for conducting a special assessment of working conditions or its failure to conduct (part 2 of article 5.27.1 of the Code of Administrative Offenses of the Russian Federation):

a warning or a fine on officials from 5,000 to 10,000 rubles;
a fine on the employer-individual entrepreneur from 5,000 to 10,000 rubles;
a fine on the employer-organization from 60,000 rubles to 80,000 rubles.

Why is a workplace assessment carried out? How to do it right? How often should job performance reviews be carried out? What is the cost of this procedure? What threatens for violation of the terms of certification? You will find the answer to these and other questions in the article.

In accordance with the provisions of the labor legislation of the organization and individual entrepreneurs employers, regardless of the taxation regime they apply, must carry out certification of workplaces in terms of working conditions. And what is it? According to Article 209 of the Labor Code of the Russian Federation, attestation of workplaces for working conditions is an assessment of working conditions at workplaces in order to identify harmful and (or) dangerous production factors. The procedure for attestation of workplaces in terms of working conditions was approved by order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 342n (hereinafter referred to as the Procedure). The specified Procedure contains requirements for certification, registration of its results and their use. At the same time, we note that the Ministry of Labor of Russia, by its order of December 12, 2012 No. 590n, made some changes to the Procedure, which entered into force on February 26, 2013. Therefore, when conducting certification at the present time, these amendments should also be taken into account.

From January 1, 2014, instead of certification of workplaces, a special assessment of working conditions was introduced, which must be carried out in accordance with Federal Law No. 426-FZ of December 28, 2013. You can view and download the Federal Law for free, as well as forms and forms of orders for a special labor assessment, by registering at.

What jobs are subject to certification

Prior to the entry into force of the order of the Ministry of Labor of Russia dated December 12, 2012 No. 590n, the employer should have attested all workplaces. From February 26, 2013, the list of jobs subject to mandatory attestation, abbreviated. Now certification should be carried out only at those workplaces, performance labor functions which may cause harm to the health and life of the employee. So, in accordance with paragraph 4 of the Procedure for mandatory certification, workplaces are subject to:

Work is carried out with equipment, machines, mechanisms, installations, devices, devices, vehicles;

Operation, maintenance, testing, adjustment and repair of equipment, machines, mechanisms, installations, devices, devices, vehicles;

Work is being carried out with sources of danger that can harmful effect per employee and determined by the certification commission based on the criteria for assessing working conditions;

An electrified, mechanized or other hand tool is used;

Stored, moved and (or) used raw materials and materials.

It should be noted that both existing jobs and newly created ones in the process of doing business (for example, during the reconstruction of production, introduction of new technology).

At the same time, the workplaces of those employees whose labor activity associated exclusively with:

With work on computers;

Operation of copiers (copiers, printers) or other equipment for the needs of the organization itself;

Using household appliances, which is not involved in the production process.

Thus, workplaces that use conventional office equipment do not need to be certified. However, if the employee himself or a trade union representative applies to the employer with an application for attestation at the relevant workplace, the organization or individual entrepreneur will be required to conduct it. In addition, the labor inspectorate can oblige the employer to certify a particular workplace by issuing an appropriate order (clause 47 of the Procedure).

Types of certification of workplaces and the timing of its implementation

Three types of certification can be distinguished depending on the period and basis of the conduction:

primary;

Repeated;

Unscheduled.

The basis for the primary certification of workplaces is the organization of a new workplace. This happens in two cases. The first is the creation of an organization legal entity or IP registration. The second is the completion of construction, reconstruction, technical re-equipment of production, the introduction of new equipment and technologies.

Note that the period during which certification must be carried out when creating an organization (registration of an individual entrepreneur) is not defined. But in the second case, certification must be carried out no later than one year from the date of creation of such jobs (clause 4 of the Order).

Re-certification of workplaces is carried out at workplaces where, according to the results of the previous certification, harmful and (or) dangerous working conditions were established. Workplaces with the presence of production factors and work, during the performance of which it is mandatory to conduct preliminary and periodic medical examinations (examinations), are also subject to re-certification. About this - paragraph 8 of the Order. Such certification is carried out at least once every five years. Moreover, the countdown of the five-year period begins from the date of completion of the previous certification.

The grounds for conducting unscheduled certification of workplaces are established by paragraphs 47 and 48 of the Order. These include:

Appeal of the employee on the certification of his workplace;

Appeal of the representative of the trade union;

The results of the state examination of working conditions, conducted in order to assess the quality of certification;

Order of Rostrud or state inspection labor issued to the employer;

Bringing working conditions in line with state regulatory requirements for labor protection;

Improvement of working conditions;

Replacement of production equipment;

Changing the technological process;

Changing the means of collective protection.

The procedure for certification

The process of certification of workplaces according to working conditions can be divided into several stages.

The first step is to determine the composition attestation commission. In accordance with paragraph 10 of the Procedure, the commission includes representatives of the employer, a labor protection specialist, representatives of the trade union organization, as well as the certifying organization. The representative of the employer may be heads of structural divisions, lawyers, personnel specialists. The certification committee is headed by a representative of the employer.

The functions that are assigned to the certification commission are listed in paragraph 12 of the Procedure. These include:

Implementation of management and control over the certification at all its stages;

Formation of a set of legal and local regulations, organizational, administrative and methodological documents necessary for attestation and organization of their study;

Compilation of a list of jobs subject to certification, allocation of similar jobs and an indication of the factors of the working environment and labor process, injury hazard and provision of the employee with special clothing, special footwear and other personal protective equipment (PPE);

Preparation of proposals to bring the names of professions and positions of employees in line with the requirements of the Unified Tariff qualification handbook works and professions of workers and the Unified Qualification Directory for the positions of managers, specialists and employees;

Specified unified directories approved by Decree of the Government of the Russian Federation of October 31, 2002 No. 787

Assigning a number to each workplace;

Filling in and signing the workplace attestation card for working conditions (a sample card and recommendations for filling it out are given in Appendixes No. 2 and 3 to the Procedure);

Preparation of proposals for amendments and (or) additions to the employment contract in terms of the employer's obligation to provide the employee with PPE, establish an appropriate work and rest regime, as well as other guarantees and compensations provided for by law for work in harmful and (or) dangerous working conditions;

Development of an action plan based on the results of certification to bring working conditions in line with state regulatory requirements for labor protection.

At the second stage, the head of the organization or the merchant issues an order to conduct certification of workplaces (clause 11 of the Procedure). unified form the order has not been approved, therefore the employer draws it up in any form, but must indicate:

Composition of the attestation commission;

Full name of the chairman of the attestation commission;

Certification period.

Do not forget to familiarize yourself with the order on the certification of all members of the certification commission and other persons indicated in it.

At the third stage, the certification process itself begins, which is carried out by the employer together with the certification organization on the basis of a civil law contract.

The functions of the certifying organization include:

Certification can only be carried out by an organization that has accreditation

Measurement and evaluation of factors working environment and labor process;

Assessment of compliance of working conditions with state regulatory requirements for labor protection;

Drafting and preparation of an attestation report.

In accordance with paragraph 6 of the Procedure, the employer has the right to attract several attesting organizations. At the same time, certification work can be distributed between certification organizations both by the number of workplaces subject to certification, and by the types of work performed at these workplaces.

So, the certification process begins with the compilation of a list of jobs by the certification commission.

Recall that the workplace is the place where the employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer (Article 209 of the Labor Code of the Russian Federation).

To compile a list of jobs, you should use the staffing table and a list of employees indicating the profession (position) and structural unit. Each workplace is assigned a unique serial number (from 1 to 99 999 999), that is, no more than eight characters.

Then the certifying organization assesses the compliance of working conditions with state regulatory requirements for labor protection. It includes:

Assessment of compliance of working conditions with hygienic standards;

Assessment of the injury risk of workplaces;

Assessment of the provision of PPE employees;

A comprehensive assessment of working conditions in the workplace.

Take note

What are similar jobs?

According to the provisions of the legislation, when compiling a list of jobs, similar jobs should be allocated. Such places can be identified by the combination of the following signs:

Professions or positions of the same name;

Doing the same professional duties when conducting the same type of technological process in the same mode of operation;

Use of the same type of production equipment, tools, fixtures, materials and raw materials, work in one or more of the same type of premises or outdoors;

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

The same location of objects ( production equipment, vehicles etc.) in the workplace;

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

Equal provision of personal protective equipment.

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

About this - paragraph 12 of the Order.

All measurements and assessments are documented in a protocol, which is signed by the specialists of the certification organization who carried out the measurements and assessments, as well as by the responsible official of this organization, and certified with a seal (clauses 18, 27 and 37 of the Procedure).

Based on the results of certification with a comprehensive assessment of working conditions, a workplace can be recognized as:

Compliant with state regulatory requirements for labor protection. Such a decision is made if the compliance of working conditions at the workplace with hygienic standards, the workplace with the requirements for providing employees with PPE is established, and there is no discrepancy between the workplace and labor protection requirements (clause 37 of the Procedure);

Does not comply with state regulatory requirements for labor protection. The specified decision is made with a negative assessment of at least one of the above parameters (clause 38 of the Order).

When classifying working conditions in the workplace as hazardous conditions labor, the employer should 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 Procedure).

We draw up the results of the certification

According to paragraph 44 of the Procedure, the results of the certification of the workplace in terms of working conditions are drawn up by the certification commission in the form of a certification report. The following documents must be attached to this report:

Order on the establishment of an attestation commission and approval of the schedule for the attestation work;

List of jobs subject to certification;

Workplace attestation cards with measurement and evaluation protocols;

Summary sheet of the results of attestation of workplaces (Appendix No. 6 to the Procedure);

A summary table of classes of working conditions established based on the results of certification, and compensation that must be established for employees (Appendix No. 7 to the Procedure);

Plan of measures to improve and improve working conditions (Appendix No. 8 to the Order);

The final protocol of the meeting of the attestation commission based on the results of attestation (Appendix No. 9 to the Procedure);

Information about the certifying organization (Appendix No. 10 to the Procedure) with a copy of the documents for the right to conduct measurements and assessments (an accreditation certificate with an appendix that establishes the scope of accreditation of the testing laboratory, notification of inclusion in the Register of accredited organizations that provide certification services);

Minutes of the meetings of the attestation commission;

Conclusions based on the results of the state examination of working conditions (if any);

Orders of officials on detected violations (if any).

Further, the attestation commission, within 10 calendar days from the date of receipt of the report, considers it, signs the minutes of the meeting of the attestation commission based on the results of attestation of workplaces and sends it along with the attestation report to the employer.

The stage that completes the certification process is the signing by the employer of an order to complete the certification and approve the certification report. For this, he is given 10 working days from the date of receipt of the final protocol of the meeting of the attestation commission. Do not forget to familiarize with the order on the completion of the certification of all members of the certification commission, employees, as well as other persons indicated in it.

What threatens for violation of the terms of certification

Paragraph 52 of the Procedure establishes that the responsibility for the certification, the reliability and completeness of the provision of information to the labor inspectorate rests with the employer. For the reliability of measurements and assessments, the responsibility rests with the employer and the certifying organization. So, in case of violation of the certification procedure, as well as the employer reporting false information to the labor inspectorate, the employer may be held administratively liable under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

The penalty in this case will be:

For an official - from 1000 to 5000 rubles;

Individual entrepreneur - from 1000 to 5000 rubles. or suspension of its activities for up to 90 days;

Suspension of activities is applied if there is a threat to the life and health of people

Organizations - from 30,000 to 50,000 rubles. or suspension of activities for up to 90 days.

Please note: if the certification of workplaces was carried out after December 1, 2010 by a non-accredited organization, the labor inspectorate has the right to require the employer to re-certify. About this - paragraph 11 of the order of Rostrud dated August 31, 2011 No. 193.

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

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

New in the certification of workplaces for working conditions in 2020

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

Understand the innovations that relate to the conduct complex analysis, you can after reading the Federal Law No. 426-FZ "On a special assessment of working conditions".

The main changes concern:

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

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

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

By whom and when is certification carried out

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

The composition is formed from the following category of specialists:

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

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

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

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

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

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

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

The procedure for certification of workplaces in 2020, paperwork

To carry out control actions within the framework of integrated assessment workplaces, some organizational measures will be required:

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

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

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

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

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

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

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

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

Penalties for not being certified

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

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

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

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

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

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

Who can not pass the certification of the workplace

Cases when holding complicated procedure a comprehensive analysis of working conditions is not required - a little. This mainly applies to small businesses.

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

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

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

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

It is not necessary to inspect every workplace.

It is only important to take into account two limitations:

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

In order to prevent violations in the definition of the scope of work, it is necessary to confirm their quantity in accordance with staffing for the enterprise.

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

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

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

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