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OCCUPATIONAL SAFETY AND HEALTH

CERTIFICATION OF WORKPLACES BY WORKING CONDITIONS

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

GENERAL PROVISIONS ON WORKPLACES CERTIFICATION

ON WORKING CONDITIONS

1. Deadlines for certification of workplaces in terms of working conditions

2. Order on holding jobs according to working conditions

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

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

Certification of workplaces for working conditions (hereinafter referred to as certification) is an assessment of working conditions at workplaces in order to identify harmful and (or) dangerous production factors and bring working conditions in line with state regulatory requirements (part 12 of article 209).

Certification is carried out in the manner prescribed by the federal body executive power that performs the functions of developing public policy and legal regulation in the sphere of labor (part 12 of article 209 of the Labor Code of the Russian Federation). These functions are assigned to the Ministry of Health and Social Development of Russia in accordance with paragraph 1 of the Regulations on the Ministry of Health and social development Russian Federation (approved by Decree of the Government of the Russian Federation of June 30, 2004 N 321).

The requirements for the certification, execution and use of its results are established by the Procedure for the certification of workplaces in terms of working conditions (approved by Order of the Ministry of Health and Social Development of Russia dated April 26, 2011 N 342n, hereinafter referred to as the Certification Procedure). The requirements of this Procedure apply to employers - legal and individuals(with the exception of employers - individuals who are not individual entrepreneurs), as well as organizations providing services for attestation of workplaces (hereinafter referred to as the attesting organization), regardless of their organizational and legal forms and forms of ownership (clause 1 of the Procedure for attestation ).

1. TERMS OF CERTIFICATION OF WORKPLACES ON WORKING CONDITIONS

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

Datesnext attestationClause 8 of the Certification Procedure is established - at least once every five years. The five-year period is counted from the date of completion of the previous certification, namely from the date the employer signs the order to complete the certification and approve the certification report (clause 44 of the Procedure for conducting certification). The start date of the next certification is the date of issuance of the employer's order on the approval of the composition and schedule of certification.

It should be noted that the results of certification of workplaces in terms of working conditions, carried out in accordance with the Order of the Ministry of Health and Social Development of Russia dated August 31, 2007 N 569, are valid until the next certification. This is established by clause 3 of the Order of the Ministry of Health and Social Development of Russia dated April 26, 2011 N 342n “On Approval of the Procedure for Certification of Workplaces for Working Conditions”.

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

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

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

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

- when replacing production equipment;

- when it changes technological process;

- when changing the means of collective protection.

2. ORDER ON CERTIFICATION OF WORKPLACES ON WORKING CONDITIONS

To organize and conduct certification, the employer must issue an order (clause 11 of the Procedure for conducting certification). The legislation does not establish a unified form of an order for certification, therefore it is drawn up in an arbitrary form.

The order must include the following information:

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

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

- about the period of certification.

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

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

CERTIFICATION ORGANIZATION

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

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

— measuring and evaluating the factors of the working environment and the labor process;

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

- design and preparation of the certification report.

The accrediting organization must meet the following conditions:

– accredited in the manner prescribed by the Order of the Ministry of Health and Social Development of Russia dated April 1, 2010 N 205n “On Approval of the List of Occupational Safety and Health Services Requiring Accreditation, and the Rules for the Accreditation of Organizations Providing Occupational Safety and Health Services”;

- is an independent person in relation to the employer, at whose workplaces it conducts certification. The Certification Procedure does not specify what is meant by the independence of the certification organization. In this case, you can be guided by the norms of Art. 4 of the Law of the RSFSR of March 22, 1991 N 948-1 “On Competition and Restriction of Monopolistic Activities in Commodity Markets”, which states that affiliates are individuals and legal entities capable of influencing the activities of other legal entities and (or) individuals, implementing entrepreneurial activity. Thus, the independence of the certification organization implies its non-affiliation with respect to the employer, at whose workplace certification is carried out.

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

Approving organization:

- determines the methods for carrying out measurements and assessments on the basis of the current regulatory legal acts and the Procedure for attestation, as well as the quantitative and personal composition of specialists conducting measurements and assessments;

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

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

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

- transfers on electronic media to the federal system for collecting, processing and storing data a summary sheet of the results of attestation of workplaces in terms of working conditions and information about the attesting organization (clause 46 of the Procedure for attestation).

The certifying organization may refuse to conduct certification in the event that the employer fails to provide the necessary documentation or the employer refuses to provide the conditions required by the regulatory documentation for measurements and assessments.

Employer:

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

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

- must provide necessary information and documentation, to give, at the request of the certification organization, explanations in oral and written form on issues related to the purposes of certification, and also to request information necessary for certification from third parties;

- is obliged not to take actions aimed at narrowing the range of issues to be analyzed and assessed during certification, as well as at hiding (restricting access) to information and documentation on issues related to the goals of certification requested by the certification organization;

— is obliged not to approve the attestation report that is not signed by representatives of the attesting organization that are members of the attestation commission.

CERTIFYING COMMISSION

1. Composition of the attestation commission

2. Functions of the attestation commission

1. COMPOSITION OF THE CERTIFICATION COMMISSION

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

If attestation is carried out in organizations classified as microenterprises and small businesses (subparagraph “a”, paragraph 2, part 1, article 4 of the Federal Law of July 24, 2007 N 209-ФЗ “On the development of small and medium-sized businesses in Russian Federation”), then the composition of the attestation commission includes:

- the employer (his representative). Managers may be included in the attestation commission as representatives of the employer. structural divisions organizations, lawyers, human resources specialists, labor and wages, the main specialists of the organization, medical workers and other employees;

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

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

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

In all other organizations, the attestation commission includes:

- representatives of the employer;

- labor protection specialist;

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

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

2. FUNCTIONS OF THE CERTIFICATION COMMISSION

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

Certifying commission:

— carries out management and control over the certification at all its stages;

– forms a set of regulatory legal and local regulations, organizational, administrative and methodological documents necessary for attestation, and organizes their study;

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

— prepares 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 (approved by Decree of the Government of the Russian Federation of October 31, 2002 N 787);

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

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

- prepares proposals (if necessary) on introducing amendments and (or) additions to the employment contract in terms of the employer's obligation to provide the employee with PPE, establishing an appropriate work and rest regime, as well as other established by law guarantees and compensations for work with harmful and (or) dangerous working conditions;

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

CONDUCT OF CERTIFICATION OF WORKPLACES ON WORKING CONDITIONS

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

2. Assessment of compliance of working conditions with hygienic standards

3. Assessment of the injury risk of workplaces

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

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

1. DEVELOPING A LIST OF JOBS SUBJECT TO CERTIFICATION ON WORKING CONDITIONS

The obligation to compile a list of jobs is assigned to the certification commission (clause 12 of the Certification Procedure). A sample list of jobs and the rules for filling it out are given in Appendix N 1 of the Certification Procedure.

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

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

- staffing;

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

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

See an example of filling out the list.

1.1. Similar jobs

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

- professions or positions of the same name;

– performance of the same professional duties while maintaining the same type of technological process in the same mode of operation;

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

– work in one or more similar premises or in the open air;

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

— the same location of objects (production equipment, vehicles etc.) at the workplace;

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

— the same provision of personal protective equipment.

At similar workplaces, the assessment of harmful and (or) hazardous production factors is carried out on the basis of data obtained during the certification of 20% of such places from the total number of workplaces (but not less than two). If at least one job that does not meet the criteria of similarity is identified, 100% of these jobs are evaluated. After the assessment, a new list of jobs is determined, taking into account the results of measurements and assessments (clause 40 of the Certification Procedure).

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

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

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

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

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

2. ASSESSMENT OF CONFORMITY OF WORKING CONDITIONS WITH HYGIENIC STANDARDS

After compiling a list of jobs, the specialists of the certification organization assess the compliance of working conditions with hygienic standards. The procedure for conducting the assessment is established by paragraphs 14 - 19 of the Procedure for conducting attestation.

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

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

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

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

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

3. ASSESSMENT OF INJURY HAZARD OF WORKPLACES

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

The injury hazard of workplaces is assessed by the compliance of certain objects with labor protection requirements, failure to comply with which can lead to injury to workers, including:

— requirements for protection against mechanical impacts;

— requirements for protection against exposure electric current;

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

— requirements for protection against toxic effects of chemicals.

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

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

- checking the availability and compliance with regulatory requirements of documents, means of protecting workers, etc., provided for in clause 23 of the Procedure for attestation;

- analysis technical documentation containing safety requirements for the performance of work;

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

- checking the availability of certificates or declarations of compliance with safety requirements (if necessary).

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

- external inspection of tools and devices;

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

- checking the availability of certificates or declarations of compliance with safety requirements (if necessary).

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

— safety and labor protection instructions;

- documents confirming the completion of the necessary training.

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

— 1st class of injury hazard — optimal (not a single non-compliance with labor protection requirements has been identified; work related to the repair of production equipment, buildings and structures, high-risk work and other work requiring special training in labor protection, or there is no production equipment and tools );

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

– 3rd class of injury hazard – dangerous (one or more non-compliance with labor protection requirements was detected).

The results of the injury risk assessment of the workplace are documented in a protocol (Appendix N 4 to the Certification Procedure), taking into account the features provided for drawing up a protocol when assessing the injury risk of workplaces where facilities are located controlled by federal executive authorities authorized to conduct state supervision and control in the established field of activity.

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

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

4. ASSESSMENT OF PROVISION OF WORKERS WITH SPECIAL CLOTHING, SPECIAL SHOES AND OTHER PERSONAL PROTECTION MEANS

The obligation to provide employees with special clothing, special footwear and other PPE is assigned to the employer.

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

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

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

The provision of employees with PPE is assessed through the consistent implementation of the following procedures (clause 31 of the Certification Procedure):

— comparison of the range of actually issued PPE with the corresponding standard norms for the free issue of PPE to employees. Standard norms for the free issuance of PPE to employees are established by various regulations, depending on the types of economic activity;

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

— verification of the procedure for providing workers with PPE, established by the Intersectoral Rules for Providing Workers with Special Clothing, Special Footwear and Other Personal Protective Equipment (approved by Order of the Ministry of Health and Social Development of Russia dated 01.06.2009 N 290n);

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

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

The results of the assessment of the provision of PPE workers at the workplace are documented in a protocol (Appendix N 5 to the Certification Procedure).

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

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

See an example of filling out the protocol.

The results of the assessment of the provision of PPE employees are entered into the workplace attestation card for working conditions.

See sample card filling.

situation from practice. Is the workplace correctly recognized as inappropriate for the provision of PPE workers due to the fact that the issued workwear has a marking according to which it is designed for use at temperatures up to +25 ° C, and at the assessed workplace the temperature is +25.5 ° C?

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

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

5. COMPREHENSIVE ASSESSMENT OF WORKING CONDITIONS AT THE WORKPLACE

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

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

- class of working conditions for injury risk;

— provision of workers with PPE.

The workplace is recognized as certified with a comprehensive assessment of working conditions “complies with state regulatory requirements for labor protection”, if the compliance of working conditions at the workplace with hygienic standards, the compliance of the workplace with the requirements for the provision of workers with PPE and when assessing the injury risk of the workplace, no non-compliance with labor protection requirements was found (p 37 of the Certification Procedure).

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

When classifying working conditions at the workplace as dangerous, the employer must immediately develop and implement a set of measures aimed at reducing the level of exposure to hazardous factors in the working environment and the labor process or at reducing the time of their exposure (clause 39 of the Certification Procedure).

results integrated assessment the conditions of working conditions at the workplace are entered in the attestation card of the workplace for working conditions in line 070.

REGISTRATION OF THE RESULTS OF THE WORKPLACE CERTIFICATION

ON WORKING CONDITIONS

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

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

1. PREPARATION OF A REPORT ON CERTIFICATION OF JOBS ON WORKING CONDITIONS

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

- an order to create an attestation commission and approve the schedule for the attestation work (for more details, see clause 2 "Order on the certification of workplaces for working conditions" of this material);

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

- job attestation cards with protocols of measurements and assessments (for more details, see clause 2 "Functions of the attestation commission" of this material);

— consolidated statement results of attestation of workplaces (Appendix N 6 to the Procedure for attestation);

- a summary table of classes of working conditions established based on the results of certification, and compensation that must be established for employees (Appendix N 7 to the Procedure for conducting certification);

- an action plan for the improvement and improvement of working conditions (Appendix N 8 to the Certification Procedure), which is signed by the chairman of the certification commission and, after agreement with the labor protection committee (commission), trade union or other representative body authorized by employees, is submitted to the employer for approval;

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

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

– minutes of meetings of the attestation commission;

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

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

The attestation commission considers the attestation report within ten calendar days from the date of its receipt, signs the final minutes of the meeting of the attestation commission based on the results of attestation of workplaces in terms of working conditions and transfers it along with the attestation report to the employer (his representative).

2. OBLIGATIONS OF THE EMPLOYER WHEN COMPLETING THE CERTIFICATION OF WORKPLACES FOR WORKING CONDITIONS

2.1. Signing an order to complete the certification of workplaces for working conditions and approval of the certification report

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

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

The legislation does not establish a unified form of the order to complete the certification, therefore it is drawn up in an arbitrary form.

See an example of filling out an order.

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

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

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

The interaction of the employer with the state labor inspectorate (hereinafter referred to as the GIT) is carried out in accordance with the Order of Rostrud of August 31, 2011 N 193 “On the organization of work on the implementation of clause 45 of the Procedure for attesting workplaces for working conditions, approved by the Order of the Ministry of Health and Social Development of the Russian Federation of April 26 2011 N 342n.

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

- a summary sheet of the results of attestation of workplaces in terms of working conditions;

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

— covering letter on the letterhead of the employer.

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

Documents received from the employer are registered by the GIT in the register of receipt of materials based on the results of attestation of workplaces for working conditions.

When the employer submits incorrectly executed documents or an incomplete package of them, the GIT informs him of this, indicating a specific deadline for eliminating the deficiencies.

The information contained in the documents is entered by the State Inspectorate into the register of information on the results of attestation of workplaces in terms of working conditions in economic entities.

After that, the GIT analyzes these documents.

The results of the analysis can be used by the GIT:

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

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

— to present requirements for ensuring safe working conditions;

— to evaluate the performance of certifying organizations.

Important! If, after December 1, 2010, certification of workplaces in terms of working conditions was carried out by an organization that did not pass mandatory accreditation in the prescribed manner, the State Customs Inspectorate is obliged to present an order to the employer requiring re-certification in accordance with the established procedure.

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

Based on the results of the analysis of materials for attestation of workplaces, the State Inspectorate can conduct scheduled and unscheduled inspections of compliance by employers established order carrying out the specified certification.

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

When conducting an unscheduled inspection, the conditions established by the Federal Law of December 26, 2008 N 294-FZ must be observed. The basis for conducting an unscheduled inspection in accordance with clause 27 of Appendix N 1 to the Order of Rostrud of 31.08.2011 N 193 may be:

- expiration of the employer's execution of the order issued by the GIT to eliminate the identified violation labor law and other normative legal acts containing labor law norms;

- an employee’s appeal to the GIT with a statement about a violation by the employer of his labor rights or with a request to conduct an inspection of the conditions and labor protection at his workplace in accordance with Art. 219 of the Labor Code of the Russian Federation;

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

Rostrud or the relevant GIT notifies the employer of an unscheduled inspection by any accessible way at least 24 hours before the start of the event.

Until 2013, inclusive, certification of workplaces at the enterprise was regulated by Article 212 Labor Code Russian Federation. In accordance with the new Federal Law No. 426-FZ dated December 28, 2013 “On the Special Assessment of Working Conditions”, the concept of “attestation of workplaces” is no longer used in the domestic legal framework. It was replaced by the term "special assessment". Appropriate changes were made to the Labor Code. However, in fact, the special assessment procedure, in its essence, retained all the basic functions of certification.

Formally, a special assessment of working conditions is understood as a list of clearly defined activities carried out in an established sequence in order to identify harmful or dangerous factors that affect the employees of the enterprise in the process of their implementation. professional activity. The result of such a special assessment of jobs at the enterprise should be the definition of classes and subclasses of existing working conditions at the enterprise in accordance with the existing staffing and the number of employees actually employed at the enterprise.

Who is subject to mandatory certification of workplaces

Mandatory attestation of workplaces should now be carried out by all employers without exception. This obligation is imposed on employers by Article 212 of the Labor Code. Also, certification of workplaces from 2014 should be carried out by individual entrepreneurs who have employees hired. Penalties imposed for ignoring the special assessment procedure were significantly toughened, which was reflected in Federal Law No. 421-FZ of 12/28/13. At the same time, both administrative fines (in case of failure to pass the special assessment) and the measure of criminal liability of persons guilty of accidents occurring at work were increased.

Entrepreneurs who do not use the labor of hired employees and, accordingly, do not organize jobs that are subject to certification, are not required to organize an assessment. Also, the special assessment does not affect individuals who do not have the status individual entrepreneur. This provision is defined in Article 3 of Federal Law No. 426-FZ.

Which jobs should be assessed

The list of jobs that were previously covered by the procedure for attestation of jobs is not identical to the list of jobs for which a special assessment should be carried out in accordance with the new legislative norms.

The management of the enterprise should pay attention to the fact that earlier certification of workplaces was carried out only in relation to those positions where manual labor, vehicles, machines, mechanisms, devices and devices that pose a danger to the life and health of employees. That is, formally, some jobs could not be subject to certification. Currently, the special assessment of jobs covers all jobs without any exceptions. This point should be especially taken into account in the special assessment of workplaces of office employees. Previously, it was these positions that were most often excluded from the certification process.

In addition, if previously the workplaces of home-based employees and employees working remotely were certified on a general basis, now the existing normative base allows not to conduct a special assessment in these cases.

Frequency of conducting a special assessment of jobs

According to existing legislation, a special assessment of jobs should be carried out at least once every five years. Despite the change in the relevant legislation, the previously conducted certification is recognized as valid, and before the expiration of its validity period, there is no need to organize a special assessment.

At the same time, the law stipulates a number of cases in which an unscheduled special assessment is required. First of all, this applies to situations in which previously non-existing jobs appear at the enterprise. In addition, a special assessment is needed in a situation of significant changes in working conditions: the transformation of the technological process, the start of work with previously unused materials, work in new conditions.

A special assessment should be carried out if an accident occurred at the enterprise or occupational diseases were detected in employees as a result of harmful working conditions.

A safety manager or trade union organization may also initiate a special assessment.

Initiation of the Special Evaluation Procedure

To conduct a special assessment, the employer must organize a special commission and conclude an agreement for the assessment with an organization specializing in this type of activity. The cost of certification of workplaces ranges from 1,500 rubles to 6,000 rubles per workplace. The specific price depends on the complexity of the upcoming work and how unified the workplaces at the enterprise are.

The specified commission should include representatives of the employer, the manager responsible for labor protection at the enterprise and representatives of the trade union. With regard to small businesses, it is mandatory to include the head of the enterprise in the commission.

A specific example of workplace attestation can only be recognized as complying with legislative norms if the third-party organization involved meets a number of requirements. Firstly, in the statutory documents of the organization, the conduct of a special assessment of working conditions should be designated as the main activity. Secondly, the organization must have a laboratory that has passed a special accreditation procedure. Thirdly, the employees of the organization must be represented by at least five specialist experts who have special certificates for carrying out work on job evaluation. Among these specialists, the presence of a doctor specializing in occupational health is mandatory.

These organizations and specialists must be included in a special register and be independent parties in relation to the enterprise where the certification of workplaces is planned.

The mechanism for conducting a special assessment of jobs at the enterprise

In the process of a special assessment, workplaces are examined for the presence of dangerous and harmful factors that may threaten the employees of the enterprise. In the process of this work, a special declaration is filled out, in which all workplaces where no threats have been identified are entered. Later, this declaration is submitted to the labor inspectorate. At the moment, the declaration form has not yet been developed, but its approval is expected in the near future.

Workplaces where hazards have been identified are subject to additional research, accompanied by the necessary tests. After this work, such jobs are assigned a certain class of working conditions: “optimal”, “permissible”, “harmful” or “dangerous”. Harmful working conditions are also classified into four subclasses. This information is reflected in a special report of the commission (the form of the report has not yet been approved). The employer must be familiar with the report against signature.

What is the effect of a special assessment of jobs

The results of the special assessment are reflected when filling out the 4-FSS form. The information obtained serves as the basis for the social insurance fund in relation to the insured to determine the amount of the discount or surcharge on contributions "for injuries".

In addition, the results of the special assessment are used to determine additional tariffs applicable to contributions to the FIU. Article 58.3 of Federal Law No. 212-FZ of July 24, 2009 states that, depending on the class and subclass assigned to the workplace, the tariff level can vary by 0 to 8 percent.

The results of a special assessment are used when organizing a medical examination procedure at the enterprise or for carrying out work aimed at improving working conditions. This is regulated by the seventh article of the Federal Law No. 426-FZ of December 28, 2013 "On a special assessment of working conditions."

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Amazing business adventures with employees

Until December 31, 2020, everyone who has wage-earners should conduct a special assessment of jobs.

Natalia Chelovan

made a special assessment

The legislator has established a five-year transitional period for the phased implementation of the SOUT - it ended on December 31, 2018. Therefore, employers had to conduct a special assessment of jobs before January 1, 2019. But those who conducted the SOUT in 2015, until December 31, 2020, must go through the procedure again, because a special assessment is carried out at least once every five years.

This article is for small businesses and individual entrepreneurs, because the large ones themselves know everything.

In fact, it is not enough to conduct a special assessment - you still need to fill out a declaration and submit it to the labor inspectorate. And this is where the nuances begin.

This spring, I did a special appraisal at a small real estate agency. It was necessary to evaluate four office locations located in the center of St. Petersburg, I had time to spare. As a result, I paid 6000 R for the evaluation of four jobs and was satisfied. I'll tell you in order.

What is a special assessment of working conditions

SOUT is an assessment of jobs: experts determine harmful production factors and assess how the production indicators comply with the standards.

There is a law according to which organizations with employees must conduct a special assessment of jobs, abbreviated SOUT. Based on its results, a class of working conditions is determined. Depending on the class, contributions are considered, overalls are purchased or, for example, additional lamps are installed.

When conducting a special assessment, harmful factors are evaluated, not aesthetics. The expert will pay attention to noise, dust or lack of light, but not to the color of the walls or the quality of the door fittings. They can also measure the severity of labor, chemical, biological factors. But usually it concerns complex manufacturing enterprises.

Again strangle business checks?

A special assessment of working conditions is, frankly, a headache. A lot of fuss, papers and formalities.

But it also makes sense: SOUT helps to make sure that employees work in normal conditions, they have something to breathe, radioactive lime does not pour on them, and their eyes do not flow out due to the dusk in the office.

Who should conduct

Every business that employs employees should evaluate jobs. All places where people work are subject to assessment: in the office, in the kitchen in a cafe, in a sewing workshop and in furniture production.

The appraisal is carried out by specialized firms. An expert from such a company comes to the office or production, checks everything, and then writes a report. Based on this report, you fill out and submit a declaration to the labor inspectorate.

Who Should Not Conduct an Evaluation of Working Conditions

Companies without employees. Let's say the only employee in a company is the CEO. He works from home because office space No. Then there is no subject of evaluation, which means that it is not needed.

If the individual entrepreneur does not have employees, then nothing needs to be evaluated either.

Companies without jobs All employees are remote. There is no need to evaluate the jobs of remote and home workers: if, for example, a designer or a seamstress works at home and this is written in their employment contract- evaluation is not required. No need to rate vacancies- this is when there is a place, but no one works on it.

Ordinary people. The procedure does not apply to individuals: if you have a private chef or personal assistant who you pay as an individual, then you do not need to carry out the procedure either.

Nuances

Sometimes a special assessment is needed, but a declaration is not needed: this mainly applies to all kinds of industries, cafes and restaurants. Or any business where harmful or dangerous factors are found - here you need to act differently, but this is the topic of a separate article.

What is the timing of the special assessment?

A special assessment should be carried out at least once every five years. For example, if you completed the SOUT in August 2015, you must re-pass the procedure no later than August 2020. And you will have 30 working days from the date of approval of the report to complete and submit the declaration for the SOUT.

Liability for failure to conduct a special assessment - a fine of up to 200,000 R

For those who do not want to make a special assessment, fines are provided. First time:

• the general director or individual entrepreneur will pay from 5,000 to 10,000 R;
• legal entity - from 60,000 to 80,000 R.

Repeated violation (failure to conduct a special assessment of working conditions) will cost:

• to the general director - a fine from 30,000 to 40,000 R or disqualification (ban) to manage for a period of 1 to 3 years;
• a legal entity will have to respond with an amount from 100,000 to 200,000 R or a suspension of activities for a maximum of 90 days;
• The individual entrepreneur will pay a fine as a general director - up to 40,000 R, but his activities will be suspended as a company.

How often to conduct and how long SOUT is valid

The validity period of the SOUT declaration is 5 years. We count from the date of entering information about the results of the assessment in information system accounting. In most cases, this period will be automatically extended for another 5 years. However, the assessment will need to be re-assessed if:

1. An employee had an accident at work.
2. The employee was diagnosed with a disease that appeared due to harmful or dangerous factors at work.
3. During the verification Labour Inspectorate revealed violations of labor protection standards.
4. In these cases, in addition to the termination of the declaration of conformity, an unscheduled special assessment of working conditions will have to be carried out. An unscheduled special assessment will also be required if new jobs have appeared or the office has changed. From January 1, 2020, the employer can also conduct an unscheduled inspection if the employee sends him comments and objections regarding the results of the special assessment at his workplace.

The procedure for assessing working conditions

For myself, I divided the whole process into three steps:

Preparation - selection of the contractor, collection of documents. Conduct - research and receipt of documents from the organization. Reporting - filling out a declaration, notifying employees. Let's take a closer look at each of the steps.

Select a performer, issue an order and approve the list of places

Jobs are assessed by special people who have the equipment and knowledge for this. An entrepreneur cannot conduct it for himself. The contractor must have accreditation - it can be checked on the website of the Ministry of Labor.

Right there - in the section "Register of experts of organizations conducting a special assessment of working conditions" - you can check the certification of an expert who will conduct the SOUT.

1. The total number of seats - the less, the more expensive.
2. Office location - departure to the industrial zone on the outskirts of the city will be more expensive.
3. The complexity of the assessment - if you evaluate not an office, but, for example, a garment production, then additional measurements of the noise and severity of the labor process will be required, it will be more expensive.
4. Urgency.

I called a dozen companies, chose three with a normal price for me, checked that they had accreditation, and then remembered which of the three companies spoke to me friendlier on the phone. I signed a contract with this company.

In parallel with the conclusion of the contract, it is necessary to create a commission to conduct a special assessment of working conditions. It sounds loud, but in fact, you need to draw up and sign an order with the CEO, which lists the composition of the commission from the company's employees.

Prior to the start of the procedure, it is necessary to draw up and sign with the commission a list of places that are subject to evaluation, and draw up a schedule for the SOUT. The schedule does not have any fixed form, you compose it the same way as all other internal documents.

Neither the order, nor the schedule, nor the list of places need to be handed over anywhere. They are stored along with other documents in a thick folder at the accountant. Here is what my documents look like.

I personally compiled the order, schedule and list, for example. The design may differ from yours. It is not regulated in any way, but the documents themselves must be in order.

Obtaining a conclusion

When evaluating jobs, there are two stages: identification, and then measurements and research.

Identification. First, the expert examined the premises, talked to the employees and their immediate supervisor: for example, he asked how much time they spend at the computer. The challenge was to understand what the workflow is and what measurements or studies would be required.

You agree on the time in advance - it is important that the employees are at their workplaces and that the commission members indicated in the order are present. The examiner will need to show:

1. The list of jobs and the jobs themselves.
2. Working hours of employees.
3. Equipment for which employees work.

After the examination, the expert said that one factor would be measured - illumination. The commission agreed and we set a date for a new meeting.

measurements and research. The expert arrives and takes measurements at the workplace. In our office, it was necessary to measure the "parameters of the light environment": whether there is enough light in the room for working at the computer. For research, the expert brought a light meter and measured the level of artificial lighting.

The expert described the results in the measurement protocol and set the class of working conditions. In total, 4 classes of working conditions are distinguished:

1. Optimal (first class).
2. Permissible (second class).
3. Harmful (third class), there are also subclasses.
4. Dangerous (fourth class).

The class affects the level of guarantees and compensations provided to workers engaged in production with harmful factors. In our office, they put the second class - these are acceptable working conditions.

The expert enters the class of working conditions into the map, and then makes a report. The term for preparing the report is specified in the contract. In my case, the contract stipulated 30 calendar days after the receipt of our payment, and I received the documents exactly on time.

The report should include:

1. Information about the organization evaluating jobs, copies of the accreditation certificate and the scope of accreditation.
2. The list of workplaces where the assessment was carried out, listing the identified harmful factors.
3. Protocols for conducting research and measurements.
4. Special assessment cards.
5. A summary sheet of the results of the SOUT and a summary table of classes of working conditions.
6. A list of recommended actions to improve conditions, if necessary.
7. Expert opinion.

The report must be approved and signed by the chairman and members of the commission.

Submit a declaration

The expert gives you a report for approval, and you sign it. In our case, we received the conclusion on May 15, and on May 16 it was signed by the CEO. Within three business days of approval, you must report it to the organization that evaluated the jobs by any means available. We have sent a scan of the signed cover page of the report by email.

After that, the organization conducting the SOUT sends a special assessment report to the FSIS (Federal state system taking into account the results of the SOUT) and informs the customer about it within three working days. All these actions - during the term of the contract.

In places where nothing harmful and dangerous was found, a declaration of conformity is submitted. There are exceptions, for example for medical, teaching staff, see the list of exceptions in paragraph 6 of Art. 10 of the law 426-FZ. The employer is required to file a declaration. The deadline for submission is 30 working days from the date of approval of the report.

You need to submit to Rostrud:

1. personally;
2. by mail with a valuable letter with a description of the attachment and a delivery notification;
3. if there is a qualified electronic signature, then you can fill out a declaration directly on the Rostrud website.

The results of the assessment of working conditions

The organization that conducted the SOUT draws up the results of the assessment in the form of a report.

What to do following the results of SOUT

Fourth or third class: dangerous or harmful conditions labor

What should an employer do

Pay additional contributions to the FIU

Maximum tariff - 8% of salary under dangerous conditions

What should an employer do

Provide employees with guarantees and compensation

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Assessment of workplaces various companies and OOO

Until 31.12. 2013

The company "United Consulting Holding" offers certification of places for working conditions at a low cost. Our company is ready to carry out certification on your request, the price is affordable, all the details can be found on the phone number listed on the website. Since January 1, 2014, certification has been replaced by a Special Assessment of Working Conditions. (From January 1, 2014, the federal law of December 28, 2013 No. 426-FZ “On a special assessment of working conditions” came into force)Our company has professional level holding such events, and the price of the services provided is lower than in similar companies.

The purpose of this procedure is a professional assessment of the working conditions of each employee of various companies and LLCs, as well as the identification and elimination of possible factors that pose a danger to the health and life of an employee.

All the rules and procedures for conducting legal attestation of places of work, on legal terms for an LLC, were introduced into the legislation of the Russian Federation. Certification of places of working conditions has the right to conduct only the employer. Carrying out certification of working conditions in order to identify various harmful factors that are present in the workspace of all employees of an LLC is a mandatory check at each enterprise (LLC).

During the implementation of these measures for the LLC, certain rules and procedures for attesting places for each employee will be established. If necessary, employees are provided with protective equipment and accessories. Conducting a scheduled assessment will allow you to determine exactly which employees should pass medical checkup. You can also determine who falls under the category of benefits and additional compensation.

The commission, which will carry out all activities, includes the head of the enterprise, specialists from the trade union and labor protection. Employees of the enterprise are obliged to familiarize themselves with all the results that the commission receives.

The employer, instead of himself, can entrust the management of the commission to a lawyer, a specialist in working conditions and personnel.

Organizations conducting attestation for an LLC should have nothing to do with the employer. This firm is legal entity, which is accredited in the Register of the Russian Federation for Moscow and all of Russia and has all the powers for this procedure. Contact a reliable organization that conducts certification of workplaces. To determine the cost of a workplace in the company "EKX" and find out the price - call the phone number indicated on the website. Our experts will tell you about the procedure and price of certification and what prices for individual services. Our reasonable prices and quality of services are unbeatable. The difference between the prices of our company and similar ones has already been appreciated by many of our customers.

Step-by-step stages of certification of each place of work for LLC in Moscow and in other cities of the Russian Federation (specify the price for the provision of the service by phone)

• creating an order with which employees should be familiarized;
• creation of a commission and appointment of the head of this commission;
• determining the timing and procedure for verification;
• creation and signing of the relevant document;
• departure of specialists to the place of inspection;
• processing and receiving all results;
• creation of a protocol in the prescribed manner;
• creation of planned works to improve working conditions in LLC;
(The price of services depends on the form of ownership of the enterprise and the number of jobs. Changes in prices in the foreign and domestic markets do not affect our prices)
• creation of reports on the work carried out.

Before the employer decides to order a service from a third-party company that conducts attestations for an LLC, he has every right to demand from them such documents as

• confirmation that the LLC has the right to conduct a quality certification of working conditions (in compliance with the rules and not exceeding the prices for the provision of services);
• a document that confirms that the company is accredited in the Register of the Russian Federation for Moscow and other regions of Russia, has the right to conduct such checks.

Employer Responsibilities for Inspection:

Conducting a labor test implies that the employer is obliged to help and assist the certifying party in everything. Provide all necessary documentation. If necessary, request the necessary documentation and information from third parties. It is forbidden for the employer to hide documents or information, to take actions that will lead to a decrease in questions on the AWP and must be checked as carefully as possible.

Tasks to be performed by the attesting party

• pick up required method assessment of working conditions
• at the time of conducting, accurately determine the number of employees who need a special assessment of working conditions
• carefully study all the necessary documentation
• if necessary, ask the employer for all the necessary information

The certification of workplaces and conditions is carried out in accordance with the necessary requirements and state regulations.

Certification for the workplace - a list of conditions

• determination of the level of labor injury hazard
• determination of compliance with hygiene indicators
• availability of personal protection
• general assessment of certification of workplaces in terms of working conditions of employees

An inspection at an enterprise or LLC with hazardous working conditions is carried out at 20% of workplaces, the minimum number of such places is 2. If non-compliance with the standards is found at one workplace, the inspection must be carried out at other workplaces. After carrying out the legal attestation of workplaces, an updated list of working spaces is obtained. For similar jobs, one AWP card is filled out. All activities that are necessary to improve working conditions are common to all similar jobs.

Checking on the workspace, which changes its territorial location, is carried out by analyzing standard technological operations. In this case, the timing of the inspection, in which the audit will be carried out, is indicated in the regulations. All features and details of the workstation must be regulated by the employer's regulations and comply with the rules for the implementation of the workstation. Our company will provide you with services at the highest level, the price is democratic, and the level of inspection is professional. The price for services depends on the form of the enterprise and the number of jobs.

You can also get acquainted with our other services and materials on them.

Carrying out certification of workplaces according to working conditions allows the employer to determine how safely the activities of his employees are organized. Currently, all employers, with the exception of individuals without an individual entrepreneur, must hold this event.

Evaluation of working conditions and certification of workplaces

It should be noted right away that at present, such a concept as “workplace certification” is not used in legislative acts, it was replaced by “special assessment of working conditions” from 01/01/2014. But in everyday life, the phrase “worker certification” is still more often used places."

At their core, these two concepts are identical, and one and the other implies a special set of measures aimed at identifying harmful and dangerous factors in a particular workplace.

Currently current law on attestation of workplaces - this is the Federal Law "On the special assessment of working conditions" dated December 28, 2013 No. 426-FZ (hereinafter referred to as the Law).

Certification of workplaces: validity period

The frequency of certification of workplaces is as follows:

• Scheduled special assessment once every 5 years.
• Unscheduled as needed.

Unscheduled certification of workplaces can be carried out in the following cases:

• the emergence of new jobs,
• an accident or occupational disease due to exposure to hazardous factors,
• changes in the technological process,
• order of the GIT inspectors or at the suggestion of the representative body of workers.

For such situations, Article 17 of the Law establishes a deadline of 6 to 12 months for an unscheduled special assessment, depending on the reason that caused it.

Another question that arises for employers who, prior to the entry into force of the Law, had attestation of workplaces: for how many years is such an inspection valid, is it necessary to conduct a special assessment instead? The law states that if there are no prerequisites for an unscheduled assessment, the attestation will be valid for 5 years. That is, if enterprises conducted it before the end of 2013, they need to conduct a special assessment for the first time only in 2018.

Certification of workplaces: who conducts

According to Article 8 of the Law, a special assessment of jobs is organized by the employer with the participation of a company that has the right to carry out such work.

The organization involved has a number of requirements:

• The list of activities must contain the OKPD code for attestation of workplaces: 71.20.19.130 (according to the classifier OK 034-2014).

• The company must employ at least 5 certified experts.
• The structure of the company should include a special accredited laboratory for measurements and samples.

In order to be sure that the company entrusted with the inspection meets the stated requirements, you need to check its presence in a special list, which is located on the ]]> website of the Ministry of Labor ]]> .

How to conduct a workplace assessment yourself

Currently, employers are not entitled to carry out certification of workplaces without the involvement of employees of a company that has the appropriate license. Otherwise, the results of such a special assessment will not be valid.

How is workplace certification carried out?

The procedure for attestation of workplaces in terms of working conditions involves the following activities:

• Issuance of an order for certification, in which a commission and deadlines are appointed.
• A list of jobs subject to special assessment is determined. Here it is necessary to take into account the frequency of certification of workplaces. Only those places are checked, the period of the previous evaluation of which expires.
• Direct work is carried out to study the documentation, measurements and sampling.
• A report is drawn up, which includes an attestation card and a summary sheet. All the activities carried out are entered into them and a conclusion is made about the safety of the workplace with the assignment of a certain class.

The results of the special assessment should be made known to interested employees.

Workplace attestation card for working conditions

This is a consolidated document in which all information about the workplace being checked is entered, and indicate the level (degree) of exposure to certain factors, for example, the level of APFD (in the certification of workplaces, this abbreviation combines all aerosol substances that may be in the air).

Penalty for the lack of certification of workplaces in 2018

If the employer evades the special assessment or violates its procedure, an administrative penalty is imposed on him. The penalty for the lack of attestation of workplaces is charged under paragraph 2 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation and amounts to:

• 5000 - 10,000 rubles. for officials and entrepreneurs.
• 60,000 - 80,000 rubles. for organizations.

At the same time, the payment of a fine does not relieve the perpetrator of certification.

How to pay for certification and return part of the funds spent on it

As a rule, the question of cost accounting arises with budget organizations, which pays for the certification of jobs. KOSGU (Classification of Public Sector Operations) in this case refers to Article 220 “Payment for works, services” (Order of the Ministry of Finance dated July 1, 2013 No. 65n).

Another question is how can certification of workplaces be partially compensated? The FSS allows you to pay for it from contributions for "injuries". To do this, you need to submit the appropriate package of documents to the Fund. You can receive funds both for the work already done and for the planned one. The main condition is the absence of debts on insurance premiums.

Certification of workplaces in terms of working conditions includes a set of procedures, measurements and calculations that make it possible to determine how safe a particular workplace is. This procedure should be carried out by all employers with a certain frequency. What are the deadlines for certification of workplaces regulated by Law No. 426-FZ (On conducting a special assessment) . Its types are divided into planned and unscheduled.