Carrying out attestation of workplaces is aimed at preventing accidents at work and occupational diseases of employees of the enterprise, as well as at implementing measures to ensure working conditions in accordance with national regulatory and legal requirements for labor protection.

• study of the influence of harmful factors on human life and health as a result of work activities;
• economic feasibility of using benefits and compensations for certain categories of professions harmful conditions labor;
• development of measures to improve existing working conditions and reduce the detrimental effect on human physical health.

According to the Labor Code of the Russian Federation, the Federal Law on Certification of Workplaces, Order of the Ministry of Health No. 342n, employers and organizations are required to conduct an appropriate check and provide their subordinates with safe working conditions.

Description of the law on attestation of workplaces

From January 1, 2014, workplace certification was replaced by a special assessment of working conditions, which will be carried out in accordance with the Federal Law of December 28, 2013 No. 426. This law was adopted by the participants of the State Duma on December 23, 2013 and approved by the Federation Council on December 25. New law establishes the regulatory and organizational framework, as well as the procedure for conducting a special assessment of working conditions and regulates the legislative position, rights, obligations and responsibilities of the accomplices of this certification.

Chapter first(Articles 1-7). Basic concepts. Defines:

• the subject of regulation of the current Federal Law;
• regulation of special certification;
• special certification of working conditions;
• rights and obligations of the entrepreneur;
• rights and obligations of employees;
• application of relevant results.

Chapter two. The procedure for conducting a special assessment of working conditions:

• Article 8. Institution that conducts certification;
• Article 9. Preparation for the event;
• Article 10. Authentication of potentially harmful and harmful factors;
• Article 11. Proclamation of the conformity of working conditions;
• Article 12 Research and measurement of working conditions;
• Article 13. Harmful and pernicious factors of the working environment and labor order;
• Article 14. Types of conditions;
• article 15. The results of the attestation;
• article 16. Features of the certification;
• Article 17. Carrying out an unscheduled inspection;
• article 18. Federal nationwide Information system accounting.

Chapter Three(Articles 19-24). Institutions that carry out special assessments of working conditions. This section includes the following organizations:

• expert;
• register of organizations;
• an independent institution that conducts unscheduled certification;
• quality examination;
• guaranteeing the fulfillment of the obligations of all institutions.

Chapter Four(vv 25-28). Final provisions of the law. Regulates:

• nationwide and trade union supervision of compliance with the norms and requirements of the current law;
• disagreement regarding the issues of conducting special certification and improving working conditions;
• transitional provisions;
• the procedure for the entry into force of the law.

Until the end of 2013, the certification procedure was carried out in accordance with the Order of the Ministry of Health of April 26, 2011 No. 342n. However, a new Order of the Ministry of Labor of December 12, 2012 No. 590n was developed, which also entered into force on January 01, 2014.

The procedure for attestation by law

Evaluation of the workplace provides for an objective certification of working conditions. The employer provides all necessary documentation, guarantees unhindered access to every production area. To carry out attestation actions, it is necessary to take some organizational measures. The employer creates an appropriate committee, and also determines the composition of the governing council. After that, a schedule for the assessment of jobs is drawn up. Terms of implementation are regulated on the basis of special documentation. An agreement is concluded between the employer and the institution regarding the certification.

The statutory certification process is as follows:

• workplaces are established that may be subject to a general assessment, including List No. 1 and List No. 2;
• harmful and harmful factors are determined;
• a review of supporting factors is carried out, namely, guaranteeing the availability of overalls and protective equipment for employees;
• a final document is drawn up, allowing to draw a conclusion about the working conditions, and, if necessary, to establish the types of mandatory benefits and compensations.

Important! The relevant procedure does not apply to remote employees and individuals who entered into an agreement with an employee, not an entrepreneur.

Law changes

The main change was not only the change of the law, the order of the procedure was significantly changed. And also the responsibility for non-compliance with norms and requirements was toughened, established by law Russia. The latest amendments to Federal Law No. 426-FZ of December 28, 2013 “On Special Assessment of Working Conditions” were adopted by the State Duma participants on May 1, 2016.

IN new edition The law should highlight the following articles:

In this article, clause 1 of part 6 has been changed: "jobs of employees, professions, positions, specialties of which were included in the lists of relevant works, industries, professions, taking into account which the early appointment of an old-age insurance pension is implemented."

State as follows: "In agreement with the federal service of the executive board, which performs the functions of organizing and implementing the federal nationwide sanitary and hygienic control, it is allowed to reduce the class and (or) subclass of working conditions by more than 1 step."

According to the new edition, unscheduled special certification is carried out within 12 months from the date of occurrence of the cases specified in paragraphs 1, 3 of part one of this article.

In accordance with the developed innovations, the basis for creating the rights of employees employed in the relevant workplace for the early appointment of an old-age insurance pension.

The main provisions of the new law establish that the assessment of the harmfulness of working conditions is carried out at all workplaces, including places with computers and office equipment. It is mandatory to assign a class of danger and (or) harmfulness.

Download the law on attestation of workplaces

The new version of the law clearly states that the employer is responsible for the implementation of certification, as well as the reliability of providing information to the national labor inspectorate. For non-compliance Russian legislation, responsible persons face administrative liability in the amount of 1,000 to 5,000 thousand rubles. For a similar offense, the relevant authorities have the right to disqualify the employer / organization for a period of one to three years.

Download Federal law dated December 28, 2013 No. 426-FZ "On a special assessment of working conditions" in the latest edition link.

Is attestation of workplaces of office and other workers necessary in 2017?

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

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

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

Recent changes in the law

The main change was not only the change of the name of the process, the procedure itself changed radically. We will talk about it further. Significantly tougher penalties for violating the requirements established by law have also become an important point.

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

Some simply signed, not paying attention to the study of safety regulations. Slightly less percent was scored by the lack of personal or collective protective equipment among workers. The top three "leaders" closes the lack of certification.

It will not be superfluous to remind managers and employees of the accounting department that at the time of reporting to the Social Insurance Fund, it will be necessary to indicate the presence of a special assessment. This requirement will be made for the first time from January 1, 2015. According to the results of the assessment, each workplace is assigned a hazard class. This will determine the amount of insurance premiums paid to the Pension Fund. There is a directly proportional relationship - the greater the harmfulness (class), the greater the pension contribution.

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

What should be done now?

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

Who and how conducts a special assessment?

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

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

The law also provides for other cases of unscheduled assessment:

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

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

A few more words about the special assessment of similar jobs. Very often you can see that several employees work in the same conditions, performing the same functions, which means that their jobs are identical. In this case, the assessment is carried out in relation to 20% of jobs, but not less than two. Similar means that the places are located in the same type of premises, their ventilation, air conditioning, heating and lighting systems are the same. It is also important that the equipment, materials and raw materials used by employees in similar places should be of the same type, and personal protective equipment should be the same.

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

Then the experts begin to study jobs and identify among them those that are exposed to dangerous or harmful factors. Those places where there are no such factors are entered in the declaration, which is subsequently submitted to labor inspection. Where these factors exist, they should be carefully measured. Each place is assigned a class of working conditions.

The last stage is the commission report, which contains the following data:

• a list of jobs with an indication of dangerous and harmful factors;
• protocols of all measurements and tests;
• expert opinions;
• and etc.

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

If you are interested in what factoring is and what types of it are, read about it here.

Possible fines and other sanctions

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

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

For comparison, here are the previous amounts of sanctions:

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

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

So it’s worth considering what is better - to take care of the correct assessment of the workplace or pay a fine, or even lose profits that will not be received due to the suspension of the company or individual entrepreneur.

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

Do you have any questions? Find out how to solve your particular problem - call right now:

There is only one comment - small and medium business in our country, both choked and choked. Which workplace a lawyer, for example, or a sales manager?

According to my calculations, a company in the Leningrad region engaged in the sale of services (lawyers, a real estate agency, a travel agency) with 3 employees and an average salary of 15,000 rubles, for compliance with all requirements, training, special assessments, etc., the monthly budget will be 40,000 rubles with a salary of 45,000 rubles. And the cost has to be paid at the same time. Add to this taxes, office rent, advertising ... Work in the red.

40 thousand per month. Is there a way to decipher the amount? too disproportionate

For 4 jobs they ask for 20t.r.

This is not a tricky method, our Labor Code of the Russian Federation puts the salaries of workers in those same envelopes. With whom, as it were, the state is fighting.

Oh yes, I almost forgot, this twenty will still fall into the pocket of the consumer. Ekskuzmy, we say thank you to the authorities.

We have laws where you need to test something to check, or recommendations of a whole nature, the laws of a beggar, Certification with us, go to any poultry farm, there is no such thing as harmful. Although attestation is not needed, and so everything is clear that there is harm there.

A SPECIAL EVALUATION HAS NOT BEEN CARRIED OUT AT THE MEDICAL INSTITUTION FROM THE MOMENT OF ENTERING THE LEGAL FIELD OF THE RUSSIAN FEDERATION IN SEVASTOPOL UNTIL 2017. There are no payments for harmfulness in the operating unit and other categories of jobs, how social insurance works and transfers, why the authorities do not control.

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Assessment of workplaces

the most important articles for you

What is job certification

• development and implementation of measures aimed at improving working conditions;
• informing employees about working conditions at their workplaces;
• making decisions on the need to organize periodic and preliminary medical examinations;
• establishing guarantees and compensations for workers employed in harmful and dangerous working conditions.

1. The procedure or stage for identifying harmful and hazardous factors in the working environment. The methodology for carrying out this procedure was approved by order of the Ministry of Labor dated January 24, 2014 No. 33n.
2. Submission of a declaration on the compliance of working conditions with state regulatory requirements for labor protection conditions in the absence (non-identification) of harmful or dangerous production factors.
3. Identification of harmful and dangerous factors of the production environment is no longer carried out at all workplaces. The list of workplaces at which the identification stage is not carried out is specified in paragraph 6 of Article 10 of the Federal Law of December 28, 2013 No. 426-FZ.

Violation of labor protection requirements set forth in federal legislation

warning or 2000 to 5000

from 2000 to 5000

from 50000 to 80000

Violation of the procedure for conducting the SOUT (or non-conduct)

from 5000 to 10000

from 5000 to 10000

from 60000 to 80000

Admission of an employee without training in labor protection rules (medical examinations are included)

from 15000 to 25000

from 15000 to 25000

from 110000 to 130000

Failure to provide workers with PPE

from 20000 to 30000

from 20000 to 30000

from 130000 to 150000

from 30,000 to 40,000 or disqualification for a period of 1 to 3 years

from 30,000 to 40,000 or suspension of activities for up to 90 days

from 100,000 to 200,000 or suspension of activities for up to 90 days

Results, or workplace attestation card

• classification of harmful and dangerous factors;
• used personal protective equipment and their effectiveness;
• recommendations based on the results of the activities.

Conducting a special assessment of working conditions is mandatory for all types of enterprises of any specific activity. However, there are questions about carrying out this procedure in the office, because there seem to be no harmful factors here. Which of the conditions is taken into account and how is the special assessment of office staff? How to organize it and how to arrange everything Required documents? This article provides an example step by step.

According to Rosstat, about 300,000 new jobs are introduced in the Russian Federation every year. Let's figure out which workplace is considered newly introduced from the point of view of officials and judges.

From January 1, 2014, all employers are required to conduct a special assessment of the working conditions of workplaces, which was introduced instead of the previously existing attestation of workplaces to determine harmful and dangerous factors that affect employees. What is the arbitrage practice about this question?

The Ministry of Labor issued an administrative regulation, according to which Rostrud should consider complaints about the results of a special assessment of working conditions or the organizations that carried it out. In fact, this is an algorithm of actions for employees and organizations dissatisfied with the assessment or its results.

Some managers calculate the cost of carrying out the SOUT based on the price of one workplace, which they saw in the ad. However, this approach does not always justify itself.

Full or partial copying of materials is prohibited,

Organization and carrying out certification of workplaces

Certification of workplaces (AWP) - until the beginning of 2014, the procedure for a special assessment of working conditions (SOUT) was called. The replacement of the term was not the only innovation: for example, the classification of places according to the level of damage to the health of workers has been added to the verification methodology. How to organize and conduct the SATS in 2017?

What is Job Attestation and why is it needed?

Under special assessment of working conditions understand a set of actions, including:

• search for harmful and unsafe factors in the production environment and work process;
• determination of the degree of their impact on the health of the company's personnel;
• comparison of the obtained results with the standards of the Ministry of Labor and assignment of a hazard and risk class to workplaces;
• documenting the results.

All jobs are subject to review.

An exception is made for homeworkers, freelancers and those who work under a civil contract for a private individual who has not issued an IP.

Certification is not without reason considered an obligation, and not the right of the employer. Properly and regularly conducted evaluation gives the organization a range of benefits:

• understanding of what needs to be done to optimize the working conditions of employees (provide them with protective equipment, organize medical examinations, etc.);
• correct calculation of the coefficients of insurance payments, due to employees of social security and benefits, pensions;
• reduction of injuries at the enterprise and prevention of occupational diseases;
• the basis for obtaining financial benefits for the organization of labor protection measures, including reimbursement of costs for the SOUT through payments to the Social Insurance Fund;
• correct assessment of professional risks;
• preparation of statistics for regulatory government agencies, etc.

Attestation of working conditions is carried out jointly by representatives of the company and a third-party auditor. TO latest law makes a number of demands. The auditing organization must:

• have at least 5 certified specialists on staff, at least one of them with a higher specialized education;
• to have its own research laboratory;
• be in federal registries legal entities and individuals-experts of SOUT;
• declare SOUT as one of the key activities in the registration documents.

In addition, an independent auditor must avoid conflicts of interest and work solely on the basis of labor law.

Legal regulation

A special assessment of working conditions is organized taking into account the provisions of:

• TK RF. In Art. 212 of the Code obliges legal entities and individual entrepreneurs to regularly check workplaces and take other measures to ensure the safety of personnel and reduce injuries;
• Federal Law No. 426 dated December 28, 2013. Contains general rules SOUT;
• Order of the Ministry of Labor of the Russian Federation No. 33N dated January 24, 2014;
• Order of the Ministry of Labor No. 976n dated December 5, 2014 on changing the class (subclass) of hazard through the use of effective protective equipment;
• Code of Administrative Offenses of the Russian Federation.

Order No. 33N includes a methodology for assessing and classifying jobs. Since 2014, it has replaced the Order of the Ministry of Health and Social Development No. 342N dated 04/26/2011. The certification results obtained under the old system after 12/31/2013 are invalid.

However, the law introduced a transitional period until January 31, 2018. This is due to the fact that the planned AWS, like a special assessment, is carried out once every 5 years. Companies that have been certified earlier, and auditors who have received the right to engage in SOUT, may not review the results of audits and work under the current certificate until the end of their validity period.

The Code of Administrative Offenses establishes the consequences of violating the rules and methods for conducting a special assessment in paragraph 2 of Art. 5.27.1:

• a warning or a fine of 5–10 thousand rubles. heads of a legal entity;
• a fine of 5–10 thousand rubles. private entrepreneurs;
• a fine of 60–80 thousand rubles. organizations.

A secondary violation threatens not only with larger fines, but also with disqualification and temporary suspension of the certificate.

The procedure for organizing an event

Certification of workplaces (SUT) - a step-by-step procedure:

The commission develops an audit schedule and prepares a list of jobs that will be subject to certification, finds an auditor.

• checks devices and materials used in professional activity, working environment (heating and lighting systems, hoods, emergency exits, etc.);
• gets acquainted with job descriptions, safety rules and other internal documents, and also monitors the actual work process;
• studies the results of the previous certification and statistics of injuries and occupational diseases;
• correlates the information received with the standards established by Order No. 33Н.

• information about yourself with the details of the statutory documents and the SOUT certificate;
• list of certified places;
• SOUT cards with class assignment;
• acts of laboratory research;
• assessment of protective equipment, if they are used by employees;
• a summary table of the above information;
• instructions for optimizing working conditions;
• final assessment.

The report is certified by members of the commission. The results of the certification must be introduced to the employees of the enterprise.

Frequency of holding

Planned certification is carried out every 5 years. Special circumstances may force the company's management to appoint SOUT outside the schedule:

• the emergence of new jobs;
• the use of other technologies, equipment, tools, materials that in the future can change the class of hazard and risk;
• an order from the GIT inspector, if during the inspection violations of labor standards were found;
• replacement of personal protective equipment;
• motivated trade union initiative;
• a case of injury at work or the appearance of an occupational disease in an employee (any state of emergency will cancel the declaration of conformity, which means the need for a full certification).

Relatively recently, there have been changes in domestic legislation regarding labor protection at enterprises. From 01/01/2014 came into force, which replaced the workplace certification procedure (AWP) with a special assessment of working conditions (SOUT).

What is ARM

By and large, this is the same procedure for a special assessment of jobs. But the procedure and terms for attestation of workplaces in terms of working conditions were determined not by federal law, but by Order of the Ministry of Health of April 26, 2011 No. 342n.

Certification was also carried out by the employer with the involvement of a special organization, a commission was also formed, hazard classes were determined and a report was drawn up. The term for attestation of workplaces is comparable to the terms for conducting a special assessment of working conditions. That is, fundamentally, although the SOUT actually replaced the workstation, the functions and tasks remained the same:

• development and implementation of measures aimed at improving working conditions;
• informing employees about working conditions at their workplaces;
• making decisions on the need to organize periodic and preliminary medical examinations;
• establishment of guarantees and compensations for workers employed in harmful and dangerous working conditions.

Innovations were:

1. The procedure or stage for identifying harmful and hazardous factors in the working environment. The methodology for carrying out this procedure was approved by the Order of the Ministry of Labor dated January 24, 2014 No. 33n.
2. Submission of a declaration on the compliance of working conditions with state regulatory requirements for labor protection conditions in the absence (non-identification) of harmful or dangerous production factors.
3. Identification of harmful and dangerous factors of the production environment is no longer carried out at all workplaces. The list of workplaces at which the identification stage is not carried out is specified in paragraph 6 of Article 10 of the Federal Law of December 28, 2013 No. 426-FZ.

These innovations did not affect the timing of certification of workplaces or a special assessment of working conditions. The terms are still determined by the employer - the regulatory document on the organization of the SOUT.

In addition to changes in the AWP procedure itself, with the adoption of the SOUT, changes were made to the legislation.

Labor law

Previously, workers employed in harmful (regardless of hazard class) and dangerous working conditions were supposed to:

• annual additional paid leave;
• surcharges;
• abbreviated work week.

With the introduction of Federal Law 426, workers employed in harmful and dangerous working conditions are left with:

• hazard class 3.1 - only surcharges;
• hazard class 3.2 - additional payments and additional annual paid leave;
• hazard class 3.3, 3.4 and 4 - additional payments, vacations and a shorter working week.

Administrative law

Introduced, providing for liability for violations of the procedure for organizing and conducting the SAUT and issuing personal protective equipment to employees. New fines have also been introduced - from a warning or 5,000 rubles for officials to 80,000 rubles for the first violation, and for repeated ones - from 30,000 to 200,000 rubles or an administrative suspension of activities for up to 90 days.

Pension legislation

Now, during periods of work giving the right to early appointment of an old-age pension, the length of service that corresponded to harmful or dangerous, established by the results of a special assessment of working conditions, is counted.

Frequency of holding

As in the case of the SOUT, the frequency of attestation of workplaces in terms of working conditions was 5 years.

The provisions of paragraph 4 of Article 27 of Federal Law No. 426-FZ provide that if an organization conducted an automated workplace before the entry into force of the specified Federal Law, it is allowed not to carry out an automated workplace for five years from the date of completion of the automated workplace. But if circumstances arise that make it necessary to conduct an unscheduled SOUT, a special assessment will have to be carried out without waiting for the end of the planned period.

How often certification of workplaces or SOUT is carried out, the employer decides: at least annually. But at least once every 5 years and every time when conditions arise that oblige the employer to carry out an unscheduled SAOT.

The grounds for conducting an unscheduled SOUT remained the same as for the AWP, with the exception of a new independent circumstance in the form of an accident at work. A complete list of grounds for an unscheduled SOUT is specified in Article 17 of Federal Law No. 426-FZ.

Price

In 2020, the cost of workplace certification (SUT) is still determined by several parameters:

1. The price of the contract with the organization that directly conducts the SOUT. The price usually includes:
   • the cost of research and measurements;
   • use of special equipment;
   • travel expenses of third-party specialists, etc.
2. The amount of costs based on the results of certification and rationalization of jobs:
   • if classes of harmfulness and danger are established, additional contributions to the Pension Fund, allowances and compensations for employees will be required;
   • acquisition of new or modernization of existing means of collective and individual protection;
   • replacement of production equipment, optimization of its arrangement, etc.
3. Penalties for the lack of attestation of workplaces or untimely conduct of the SOUT (the results of the automated workplace can be challenged and recognized as untrue). When choosing an organization, pay attention to its statutory documents (OKPD2 code for attestation of workplaces - 71.20.19.130), information about it must be present in the register of organizations conducting SOUT.

The regional factor also affects the cost of certification of workplaces for working conditions: prices in Moscow and Syktyvkar are different.

fines

In 2020, it is not difficult to answer the question of whether certification of workplaces is mandatory or not: it should be, if a special assessment has not been carried out. The amounts of fines for the absence of AWP or SOUT are:

Documents following the event

Based on the results of the SOUT, the organization that directly conducted the special assessment draws up a report, the employer approves it. The report is a multi-page and voluminous document, the form of which is approved by Appendix No. 3 to the Order of the Ministry of Labor of January 24, 2014 No. 33n.

For the employer, the entire report is important, but the third section of the report or SOUT is of greatest interest to the employee - the map itself.

The map contains various information, but the most interesting information is:

• on the classification of harmful and dangerous factors;
• used personal protective equipment and their effectiveness;
• recommendations based on the results of the activities.

The employer is obliged to familiarize existing employees with the information contained in the card within 30 days from the date of approval of the report on the carried out SAUT.

Not so long ago, personnel specialists doubted whether certification of workplaces was mandatory or not. There were exceptional separate categories, but any other place had to go through such a procedure. In 2013, a new legislative act was introduced, which abolished the mandatory procedure. Currently, it is necessary to make a special assessment of working conditions - SOUT. It is regulated by the Federal Law, issued at the end of December 2013 under the number 426. SOUT becomes the responsibility of any law-abiding employer.

Question Features

According to current legislation, SOUT is somewhat different from the previous procedure for attesting workplaces in terms of working conditions. A number of regulations have also been changed, including penalties for non-compliance current rules. If the company refuses to carry out the SOUT, an administrative fine will have to be paid - the prices have become higher compared to the previous rules. If an accident occurs at work, the perpetrator will have to answer to the fullest extent of the criminal law. This is further clarified in the 421st federal law.

Previously, the personnel service almost never doubted whether certification of workplaces was mandatory or not: the law stipulated the fact of holding such an event, and the employer was responsible for it. Obligations were fixed by a collection labor laws, namely the 212th article. Since 2014, enterprises must organize SOUT. Amendments on this issue were included in the TC. At the moment, in this legislative collection you can’t find the phrase “attestation of the workplace” at all.

In the 426th Federal Law, you can find the definition of SOUT and the rules that govern the procedure for holding an event. According to the current regulations, the assessment is a complex procedure consisting of successive measures to identify dangerous, harmful factors in production. Specialists must assess how great the level of their influence on the employed. The results of the assessment make it possible to attribute a specific place to a class, subclass.

Responsibility and roles

The law, which tells whether certification of workplaces is mandatory or not, also declares who is responsible for organizing research procedures within the framework of the SUT. Special assessment is the responsibility of the employer. This is explained in detail in the updated edition of article 212 of the code of laws governing working relations. In addition, the obligations to conduct the SATS are stipulated in the first part of the eighth article of the Federal Law 426. Any enterprise, even an individual entrepreneur, is obliged to conduct the SATS if it employs personnel.

Whether certification of workplaces is mandatory or not is indicated by legislation that pays attention to how many people work in a company. So, if an entrepreneur does not hire anyone from outside, he does not receive the status of an employer. As a consequence, it is not obligated to conduct a special assessment. As soon as a decision is made to hire personnel, even if it is only one person, you will have to turn to the laws to understand the rules for conducting the SOUT, and carry out this event regarding a new workplace. It is not necessary to organize an assessment if a person is hired by an individual who does not have an entrepreneurial status at all. Such rules are stipulated by the 426th federal law, namely the third article.

Where and how do we work?

Today, there is no certification of workplaces for working conditions, its place has been taken by assessment, and the rules for organizing such an event are largely determined by which workplace needs to be investigated. For some specific places, the law stipulates specialized rules. The list (which included a description of the assessment procedure) of jobs assessed according to the old rules is somewhat different from the current one. Previously, it was only necessary to certify places where an employee used hand tools, units and apparatus, machines and installations, and transport. In a word, any potentially dangerous item has already become a reason for organizing certification. There are no such restrictions for SUT. This procedure should always be carried out, regardless of the presence of a source of potential danger in the workplace.

Previously, personnel officers, figuring out whether it is necessary to carry out certification of workplaces, practically did not pay attention to where it is located: on the territory of the enterprise or a person works remotely, from home. Previously, there were general grounds for telecommuting and in-house workers, but current legislation does not require an assessment of working conditions for people who work from home, i.e. work remotely.

And we are in the office!

Previously, personnel officers were worried about whether certification of workplaces is mandatory if they are organized in an office space. The Ministry of Labor even issued special explanations - however, after their publication, many still had ambiguities. At the moment, there are no grounds for discrepancies in principle. The current legislation does not contain any exceptions, as a result, a specialized assessment is necessary always and everywhere, even when it comes to office space.

Is it often?

The current legislation specifies whether certification of workplaces is mandatory (no), whether a special assessment is needed (yes), and also regulates the frequency of such studies. In general, the event should be organized once every five years or more often. If the place has already passed the attestation procedure, it is allowed to conduct a special assessment five years after the attestation date. There are some specialized cases that require an unscheduled assessment. The most characteristic situation is the introduction of a new workplace. It will also be necessary to organize an assessment if the technological process changes, different compositions are used in the work, or other innovations are practiced that potentially correct the strength of the production factor, the risks pursuing workers.

Previously carried out certification of workplaces for harmful working conditions and the modern procedure of SOUT have a number of things in common. In particular, if an accident occurs at work, it is imperative to organize an assessment. It is required if the employee has an occupational disease. Before starting the SATS, it is necessary to confirm that the disease or accident is due to harmful working conditions. Sometimes an unscheduled inspection is organized if the enterprise receives a thematic prescription from the state authority responsible for working conditions. Perhaps supplemented by explanations of why an assessment is needed, the union's proposal. If it comes from primary organization, the company does not have the right to refuse the assessment.

Where does it all start

In 2017, the mandatory certification of workplaces was already abolished, and it was replaced by the SOUT. As in 2017, this year the responsibility for organizing and holding the event rests entirely with the employer. To start the special assessment procedure, first of all, it will be necessary to issue an order to convene the commission responsible for the procedure. Also choose third party entity, having the right to conduct an assessment and a license confirming it. They enter into an agreement with the company that regulates mutual work. As a rule, a civil law contract is drawn up as the simplest and most convenient for this purpose.

The commission must necessarily include a representative of the employer, a person from the trade union organization, if there is one in the company, and a third-party or employed by the enterprise employee responsible for labor protection. In the case when an assessment is required for a small enterprise, the commission necessarily includes a head, an individual entrepreneur. The head of the commission is either a representative of the enterprise, or the very person who gives jobs to the staff.

With whom to cooperate?

The Labor Code, which previously explained when and in what cases mandatory certification of workplaces is required, now declares the rules for organizing the assessment of the workspace. According to regulations, this requires the involvement of a third-party legal entity. It is he who is responsible for directly assessing the workplace. The enterprise should specialize in SOUT. This fact is declared by the statutory documents. In addition, it must have at least five experts in the field of SUT who have received a certificate prescribed form confirming their right to conduct appraisal work. According to the law, one of these five must specialize in general hygiene issues or have the specialization of an occupational hygienist or doctor in the field of laboratory research on sanitation and hygiene in the surveyed object.

In order to organize a full-fledged and compliant SOUT, which replaced the certification of workplaces for working conditions, you should definitely be able to resort to laboratory services. To do this, the company must have its own testing laboratory. This is first accredited in order to confirm the fact that it is applicable to assess the danger, harmfulness of production factors, the work process.

Everything is official

Previously, it was possible to find out who conducts the certification of workplaces from special lists. Currently, information on the list of companies entitled to conduct a special assessment is more relevant for entrepreneurs. Specialized lists are also maintained to account for them. Any enterprise that has received a license, recruited the appropriate staff and has a laboratory can start its activities only after being included in the register.

Previously, when choosing who conducts the attestation of workplaces, it was necessary to find a third-party person not associated with the enterprise under study. Currently, these standards have not changed. A special assessment must be carried out by an independent company. Failure to comply with these conditions will make the assessment procedure invalid, as a result, at the first inspection by the inspection, the employer will receive a fine.

Step by step

In many respects, the essence of the certification of workplaces and the SOUT, which came to replace it, is the same. As part of the assessment work, specialists responsible for studying the enterprise must assess whether there are harmful hazards in a particular workplace that affect personnel. If it is not possible to detect such phenomena, this fact is recorded in the declaration, which is then sent to the labor inspectorate.

If the inspection showed the presence of hazardous harmful phenomena, it is necessary to organize test and measurement work. Their results allow us to classify all the studied places. There are four classes. The most comfortable for work is optimal conditions. Permissible working conditions are somewhat less pleasant. There is a possibility of a harmful place, and the worst case is classified as dangerous. Harmful working conditions are usually divided into four subclasses: from the first to the fourth.

Features of the procedure

If earlier entrepreneurs did not always understand what the organization of attestation of workplaces in terms of working conditions should be, today the current norms of the law do not leave room for discrepancies. According to the procedure declared by normative acts, when the commission completes a special assessment, its participants form an official report in which they record all the useful information received during the work. It is necessary to list the studied jobs, for each of them indicate which harmful, dangerous factors were found. If testing, measuring work was carried out, they provide protocols on their organization. In the presence of expert opinion he is sutured to work.

Having figured out whether it is really mandatory to carry out certification of workplaces or not, whether it is necessary to organize an SOUT (yes), the employer must take all steps of the assessment process responsibly. When the commission finishes working on the report, this document must be familiarized with all the personnel of the enterprise without exception. The fact of familiarization is recorded by the personal signature of the employed person. Summary information based on the results of a special assessment is necessarily published on the company's website, if the company has one.

Where will it be useful?

The documentation received as a result of the SOUT provides enough information to fill out the columns of the 4-FSS form. The information extracted by experts in the course of a special assessment is necessary for employees of the insurance fund in order to assess the amount of allowances, discounts in the columns associated with possible injuries during production process.

The information obtained during the special assessment is necessary to determine the tariffs for pension fund. The tariff varies within 0-8%, and specific indicators depend on the class, subclass of the workplace.

Based on the results of a special assessment, an entrepreneur can determine the optimal frequency of passage by hired employees medical examination. Using the information correctly, you can successfully choose the ways and measures to optimize the workflow so that the conditions become better.

Question Features

As mentioned above, the regulations describing the special assessment were first published at the end of December 2013, so at the moment there are still enterprises for which the last job attestation took place less than five years ago. For all such firms, the latest certification was equated by law with a special assessment, so no additional events are required to be organized. As soon as five years have passed since the last study of production points, it will be necessary to organize a new assessment, since the results of the previous one are automatically canceled.

If the enterprise does not carry out such an assessment, it is possible to hold the entrepreneur, the person responsible for providing jobs for employees, liable. Punishment is chosen based on administrative law. The fine for an individual varies between 5-10 thousand rubles, for an enterprise - within 60-80 thousand. In addition, the authority responsible for the verification has the right to suspend the work of the company. The duration of the pause can be up to 90 days.

In some cases, inspectors may limit themselves to issuing a warning. If this does not help and after some time the same violation is re-identified, more severe sanctions are applied. If the fine has already been issued, it is increased for individual entrepreneurs and officials up to 30-40 thousand, and for companies - up to 100-200 thousand. There is a possibility of punishment in the form of disqualification. The measure will last 1-3 years. The enterprise or individual entrepreneurship may close. The pause in the conduct of activities reaches 90 days.

Options for the development of the situation

Any firm that has locations that are affected by hazards faces the risk of an accident. If this happens, while the company will not be able to provide the results of a previously conducted special assessment, we can talk about the employer's fault in what happened. If this can be proved, the punishment is chosen based on the norms of criminal law. They are usually guided by the 143rd article, according to which they can be fined up to 400 thousand inclusive. An alternative penalty is wages for 18 months or another format of income for the same period.

If guilt is proven, the offender may be assigned corrective labor for up to two years. Compulsory labor for a period not exceeding one year or imprisonment for up to three years is possible. If an accident resulted in the death of the victim, the head of the enterprise may be assigned forced labor for 1 to 4 years, or may be imprisoned. If the case caused the death of two or more people, the maximum period is increased to five years.

Carrying out certification of workplaces is aimed at preventing accidents at work and occupational diseases of employees of the enterprise, as well as at implementing measures to ensure working conditions in accordance with national regulatory and legal requirements.

Tasks of certification of workplaces:

• study of the influence of harmful factors on human life and health as a result of work activities;
• economic feasibility of using benefits and compensations for harmful working conditions to certain categories of professions;
• development of measures to improve existing working conditions and reduce the detrimental effect on human physical health.

According to the Labor Code of the Russian Federation, the Federal Law on Certification of Workplaces, Order of the Ministry of Health No. 342n, employers and organizations are required to conduct an appropriate check and provide their subordinates with safe working conditions.

From January 1, 2014, workplace certification was replaced by a special assessment of working conditions, which will be carried out in accordance with the Federal Law of December 28, 2013 No. 426. This law was adopted by the participants of the State Duma on December 23, 2013 and approved by the Federation Council on December 25. The new law establishes the regulatory and organizational framework, as well as the procedure for conducting a special assessment of working conditions and regulates the legislative position, the rights, obligations and responsibilities of the accomplices of this certification.

Chapter first(Articles 1-7). Basic concepts. Defines:

• the subject of regulation of the current Federal Law;
• regulation of special certification;
• special certification of working conditions;
• rights and obligations of the entrepreneur;
• rights and obligations of employees;
• application of relevant results.

Chapter two. The procedure for conducting a special assessment of working conditions:

• Article 8. Institution that conducts certification;
• Article 9. Preparation for the event;
• Article 10. Authentication of potentially harmful and harmful factors;
• Article 11. Proclamation of the conformity of working conditions;
• Article 12 Research and measurement of working conditions;
• Article 13. Harmful and pernicious factors of the working environment and labor order;
• Article 14. Types of conditions;
• article 15. The results of the attestation;
• article 16. Features of the certification;
• Article 17. Carrying out an unscheduled inspection;
• article 18. Federal nationwide accounting information system.

Chapter Three(Articles 19-24). Institutions that carry out special assessments of working conditions. This section includes the following organizations:

• expert;
• register of organizations;
• an independent institution that conducts unscheduled certification;
• quality examination;
• guaranteeing the fulfillment of the obligations of all institutions.

Chapter Four(vv 25-28). Final provisions of the law. Regulates:

• nationwide and trade union supervision of compliance with the norms and requirements of the current law;
• disagreement regarding the issues of conducting special certification and improving working conditions;
• transitional provisions;
• the procedure for the entry into force of the law.

Until the end of 2013, the certification procedure was carried out in accordance with the Order of the Ministry of Health of April 26, 2011 No. 342n. However, a new Order of the Ministry of Labor of December 12, 2012 No. 590n was developed, which also entered into force on January 01, 2014.

The procedure for attestation by law

Evaluation of the workplace provides for an objective certification of working conditions. The employer provides all the necessary documentation, guarantees unhindered access to each production site. To carry out attestation actions, it is necessary to take some organizational measures. The employer creates an appropriate committee, and also determines the composition of the governing council. After that, a schedule for the assessment of jobs is drawn up. Terms of implementation are regulated on the basis of special documentation. An agreement is concluded between the employer and the institution regarding the certification.

The statutory certification process is as follows:

• workplaces are established that may be subject to a general assessment, including List No. 1 and List No. 2;
• harmful and harmful factors are determined;
• a review of supporting factors is carried out, namely, guaranteeing the availability of overalls and protective equipment for employees;
• a final document is drawn up, allowing to draw a conclusion about the working conditions, and, if necessary, to establish the types of mandatory benefits and compensations.

Important! The corresponding procedure does not apply to remote employees and individuals who entered into an agreement with an employee, not an entrepreneur.

Law changes

The main change was not only the change of the law, the order of the procedure was significantly changed. And also the responsibility for non-compliance with the norms and requirements established by the legislation of Russia was toughened. The latest amendments to Federal Law No. 426-FZ of December 28, 2013 “On Special Assessment of Working Conditions” were adopted by the State Duma participants on May 1, 2016.

The following articles should be highlighted in the new version of the law:

Article 10

In this article, clause 1 of part 6 has been changed: "jobs of employees, professions, positions, specialties of which were included in the lists of relevant works, industries, professions, taking into account which the early appointment of an old-age insurance pension is implemented."

Part 7 of Article 14

State as follows: "In agreement with the federal service of the executive board, which performs the functions of organizing and implementing the federal nationwide sanitary and hygienic control, it is allowed to reduce the class and (or) subclass of working conditions by more than 1 step."

Article 17

According to the new edition, unscheduled special certification is carried out within 12 months from the date of occurrence of the cases specified in paragraphs 1, 3 of part one of this article.

Article 18 of Law No. 426

In accordance with the developed innovations, the basis for creating the rights of employees employed in the relevant workplace for the early appointment of an old-age insurance pension.

The main provisions of the new law establish that the assessment of the harmfulness of working conditions is carried out at all workplaces, including places with computers and office equipment. It is mandatory to assign a class of danger and (or) harmfulness.

Download the law on attestation of workplaces

The new version of the law clearly states that the employer is responsible for the implementation of certification, as well as the reliability of providing information to the national labor inspectorate. For non-compliance with Russian legislation, responsible persons face administrative liability in the amount of 1,000 to 5,000 thousand rubles. For a similar offense, the relevant authorities have the right to disqualify the employer / organization for a period of one to three years.

The most important specific area in the work on the prevention of industrial injuries and occupational diseases is certification of workplaces according to working conditions, this Russian version of the classic analysis, assessment and risk management in the workplace.

The Labor Code of the Russian Federation defines certification of workplaces for working conditions as an assessment of working conditions at workplaces in order to identify harmful and (or) dangerous production factors and take measures to bring working conditions in line with state regulatory requirements labor protection.

Certification of workplaces in terms of working conditions makes it possible to identify and objectively evaluate hazardous and harmful production factors at workplaces.

The certification of workplaces, in turn, subject to the establishment of the procedure and norms for the free issuance of these protective equipment, will allow employers to more fully provide their employees with protective equipment depending on working conditions at each workplace and thereby contribute to a significant improvement in the work of workers.

The procedure for certification of workplaces

In accordance with Article 212 of the Labor Code of the Russian Federation, the employer is obliged to ensure that workplaces are attested in terms of working conditions.
Certification of workplaces for working conditions is carried out in the manner established by the federal body executive power that performs the functions of developing public policy and legal regulation in the sphere of labor.

Certification of workplaces makes it possible to objectively evaluate each workplace from a number of basic positions:

• on individual factors of the production environment;
• according to the intensity and severity of the labor process;
• on safety of the workplace;
• on the provision of the employee with personal protective equipment.

The actual result of the certification is knowledge of the situation about working conditions and their dangers, the formal result is completed certification cards. It is job attestation cards that become the basis for all subsequent actions, and the entire preventive work on the prevention of industrial injuries and occupational morbidity.

The main options for certification of workplaces for working conditions

According to the first option the entire complex of works is carried out entirely by the institution itself.

The practice of certification of workplaces convincingly shows that only individual institutions with an average number of employees can successfully cope with this work.

According to the second option the entire complex of works is performed completely (“on a turn-key basis”) by a third-party organization (having permission to carry out this type of work.

According to the third, most optimal, option, the entire range of works is carried out mainly by the institution itself jointly and under the methodological guidance of specialists from a third-party specialized organization (which has permission to carry out this type of work, as a rule, to regional labor protection centers). At the same time, a third-party organization provides qualified assistance in the implementation of measurements and training of personnel for carrying out individual elements of attestation of workplaces in the field by the institution.

The main regulatory document for organizing and conducting certification of workplaces in terms of working conditions is " Regulations on the procedure for attestation of workplaces in terms of working conditions "( further Regulation ), approved by the decree of the Ministry of Labor and social development Russian Federation dated March 14, 1997 No. 12 (entered into force on July 1, 1997). On September 1, 2008, a new “Procedure for attestation of workplaces in terms of working conditions” comes into effect, approved by order of the Ministry of Health and Social Development of Russia dated August 31, 2007 No. 569.

Certification deadlines:

are established at least once every 5 years from the date of the last measurements;

workplaces are subject to mandatory recertification after the replacement of the equipment used, changes in the technological process, reconstruction of collective protective equipment, etc., as well as at the request of the State Expertise of working conditions of the constituent entities of the Russian Federation in case of violations during the certification of workplaces for working conditions;
the results of recertification are drawn up in the form of an appendix for the relevant positions to the Card for attestation of the workplace in terms of working conditions. It should be remembered that the certification of workplaces for working conditions is a long-term, in fact permanent, work of any institution!

Stages of certification

1. Preparatory stage;
2. The main stage (the actual certification of jobs);
3. Final stage;
4. Evaluation and use of the obtained results;
5. Preparation of the institution for certification of work on labor protection.
Let us now analyze the content of the work at various stages of their implementation.
At the preparatory stage, the following activities are carried out.

1.1. The head of the institution or, on his behalf, one of the employees - the future chairman attestation commission forms the composition of the attestation commission.
To certify jobs in small organizations, it is recommended to create an attestation commission consisting of: the head of the institution or his deputy - the chairman of the commission, a labor protection specialist, a mechanic, a specialist personnel service, Labor Department Specialist and wages, power engineer, technologist, chairman of the trade union committee, etc. Each institution independently determines the composition of the certification commission.
In institutions with a larger number, as a rule, a central attestation commission and commissions in subdivisions are created.
The composition of the commissions is approved by the order of the establishment. The option of carrying out certification on divisions is possible.

1.2. It is advisable to start the certification of workplaces for working conditions with the training of members of the certification commission, by contacting the regional centers for labor protection or other training centers, preferably with the labor authorities of the constituent entities of the Russian Federation, having permits for maintaining educational activities and sufficient experience in the procedure for attestation of workplaces for working conditions.
To do this, the chairman of the commission must organize the provision of methodological assistance by inviting the regional center for labor protection and holding two to three day classes (educational seminar) with members of the commissions. To do this, the following sequence of actions is carried out.

1.3. The head of the institution issues an order on certification of workplaces, indicating its terms.

1.4. The certification commission develops a schedule for the establishment and certification of workplaces in terms of working conditions, in which it is necessary to distribute the activities and stages of certification, indicate the timing and responsible executors.
It is advisable to carry out certification of workplaces first in the main divisions, and then in the auxiliary ones. This will avoid measuring repeating factors in the same place for different categories of workers. For example, the results of measurements of factors at the workplace of the main production can be taken as the basis for support services relevant workplaces (mechanics, managers, etc.) when specifying the exposure time, and only if necessary, it is possible to additionally measure the missing factors.

1.5. Since all hazardous and harmful production factors (physical, chemical, biological), the severity and intensity of labor at the workplace, the attestation commission forms lists of workplaces subject to certification, indicating harmful factors for instrumental measurements .
To compile a list of jobs subject to certification, it is recommended to use the staffing table, " All-Russian classifier professions of workers, positions of employees and tariff categories» OK 016-94.
When compiling the list, the attestation commission proceeds from:
technological process characteristics;
equipment composition;
applied raw materials and materials;
similar data from earlier measurements of the levels of dangerous and harmful production factors, the severity and intensity of the labor process;
employee complaints about working conditions.
In institutions where there are technological regulations, the characteristics of the technological process can be obtained from this document. It also provides detailed data on harmful production factors, the appearance of which is due to the technological process, as well as describes their main sources.
The main factors subject to mandatory assessment are: the intensity of the labor process, the severity of the labor process. It does not require any special Money. This work can and should be performed by specialists of the institution - members of the certification commissions according to the methods and proposed samples of completed protocols for assessing the severity and intensity of the labor process.
Mandatory measurable factors include microclimate parameters and illumination at workplaces, levels electromagnetic radiation(in workplaces with computers).
The whole set of harmful and dangerous production factors at the workplace is formed due to the presence of raw materials and materials (or semi-finished products), as well as processed products that have properties harmful to humans, with which the employee comes into contact. To this should be added the harmful factors arising directly from the functioning technological equipment(heating, cooling, noise and vibration from the operation of equipment, ventilation and air purification systems, hand and power tools, etc.).
The compiled list of jobs with indication of harmful factors is approved by the chairman of the attestation commission.

1.6. The certification commission draws up a list of regulatory documents that it will need to assess the injury safety factor, the provision of workers with personal protective equipment.

For the purposes of safety of workplaces, it is recommended to use two types of protocols: one is designed to systematically obtain information about the training of workers in labor protection, as well as to test knowledge of electrical safety, etc., the other is to enter all equipment, tools and devices for all workers places included in the List of jobs. Similar protocols must be filled out on PPE, the severity and intensity of labor, etc.

In order to assess workplaces by the severity and intensity of the labor process, as well as the time of exposure to harmful factors, it is recommended to compile a timing of working time for each workplace (photo of the working day). The protocols of the preliminary survey of workplaces to a large extent streamline the work of direct executors.

In order to simplify the tasks assigned to the direct executors, it is recommended to prepare samples of completed attestation protocols for some similar jobs.

After organizing such work and filling out the protocols of the preliminary examination, photographs of the working day, a list of normative and legal documents. If it was prepared in advance, then any changes and additions are made to it.

Functions of the attestation commission:

• implementation of methodological guidance and control over the certification of workplaces for working conditions at all its stages in all departments;
• the formation of all the necessary regulatory and reference base for the certification of workplaces and the organization of its study by the participants in the certification process;
• compiling a complete list of workplaces of the institution with the allocation of work similar in nature to the work performed and working conditions;
• identification based on the causes of industrial injuries in the institution of the most traumatic areas, works and equipment;
• compiling a list of hazardous and harmful factors of the production environment, indicators of the severity and intensity of the labor process to be assessed at each workplace, based on the characteristics of the technological process, the composition of the equipment, the raw materials and materials used, data from previous measurements of indicators of hazardous and harmful production factors, severity and tension of the labor process, complaints of employees about working conditions;
• assignment of codes to industries, workshops, sections, workplaces for automated processing of the results of certification of workplaces in terms of working conditions;
• conducting certification of specific jobs and making decisions on the further use of jobs;
• development of proposals for the improvement and improvement of working conditions;
• preparation of the institution for certification of work on labor protection.

In relatively large institutions, with a staff of 500 or more, as a rule, commissions are created in structural divisions.

If the duties (and responsibilities) of the chairman of the central commission and his deputies include the organization and management of all work on the procedure for attestation of workplaces, including obligations to comply with certification schedules and the quality of certification materials, then the chairmen of commissions in structural divisions are responsible:

• for organizing and performing work on certification of workplaces (collecting initial data, performing instrumental measurements of harmful and dangerous factors, filling out certification cards, etc.);
• for the preparation of a summary sheet in a structural unit, for the development of measures to improve the working conditions of employees, for holding meetings of the attestation commission;
• for the provision of materials for attestation of workplaces to the central attestation commission.

Determination of the actual values ​​of hazardous and harmful production factors in the workplace

When attesting a workplace for working conditions, all hazardous and harmful production factors (physical, chemical, biological), the severity and intensity of labor at the workplace are subject to assessment.

This assessment is carried out according to the hygienic criteria defined in the Guidelines for the Hygienic Assessment of Work Environment and Work Process Factors. Criteria and classification of working conditions ”(Guideline 2.2.2006-05) put into effect on November 1, 2005.
Please note that this Guide replaces the generally accepted and official (according to the Labor Code of the Russian Federation) terms "working environment", "hazardous production factor", "harmful production factor" with new, and, in our opinion, not entirely successful, terms "working environment". environment", "harmful factor", "harmful factor of the working environment", "dangerous factor of the working environment", practically without changing their meaning and content of the concept, which can cause a certain complexity and confusion in the preparation of official labor protection documents in practice and what we We cannot but draw the attention of our listeners.

When carrying out measurements, it is necessary to use the measuring instruments specified in the regulatory documents. The measuring instruments used must be metrologically certified and verified by state verification bodies within the established time limits.

Instrumental measurements of the levels of production factors are documented in protocols.

The form of protocols is established normative documents, which determine the procedure for measuring the levels of indicators of a particular factor.

The protocols must contain the following data:

• the name and code of the subdivision of the establishment of the workplace;
• date of measurements;
• the name of the third-party organization (or its subdivision) involved in the measurement;
• the name of the measured production factor;
• measuring instrument (name of the device, instrument, date of verification and number of the certificate of verification);
• measurement method with indication of the normative document on the basis of which the measurement is carried out;
• place of measurement, sketch of the room indicating the point of measurement (sampling);
• the actual value of the measured parameter;
• position, surname, initials and signatures of the employee who carried out the measurements and the representative of the administration of the facility where the measurements were taken;
• signature of the responsible person, seal of a third-party organization (or stamp of its division) involved in the measurement.

Similar information is indicated when drawing up protocols for determining the severity and intensity of the labor process. Considering that the assessment of the severity and intensity of the labor process is carried out by the organization independently, the following are methods for assessing the severity and intensity of the labor process, as well as recommendations for measuring and assessing the factors of the production environment using laboratory and instrumental research methods.

Safety assessment of workplaces

The main objects for assessing the safety of workplaces are:

1. production equipment;
2. fixtures and tools;
3. provision of means of training and instruction.

Evaluation of production equipment, fixtures and tools is carried out on the basis of current and applicable regulatory legal acts on labor protection (state and industry standards, labor protection rules, standard instructions on labor protection, etc.).

Methodological basis d To carry out the certification of workplaces according to the safety factor, there are “Guidelines for assessing the safety of workplaces for the purposes of their certification in terms of working conditions. MU OT RM 02-99.

Before assessing the safety of workplaces, the presence, correctness of maintenance and compliance with the requirements of regulatory documents in terms of ensuring labor safety are checked.

Injury safety assessment is carried out by checking the compliance of production equipment, fixtures and tools, as well as training and instruction tools with the requirements of regulatory legal acts. In this case, it is necessary to take into account the availability of safety certificates of the established sample for production equipment.

In cases where production equipment and fixtures at the workplace were manufactured before the regulatory legal acts that apply to them came into force, or when these documents were not developed and approved in in due course, the assessment of the safety of production equipment and fixtures is carried out for compliance with the requirements set forth in the national regulatory legal acts that ensure workplaces safe conditions labor, including:

• availability of means of protecting workers from the impact of moving parts of equipment that are a source of danger;
• fencing of cables and other elements, the damage of which may cause danger;
• availability and compliance with regulatory requirements of signal coloring and safety signs;
• ensuring the functioning of protective equipment during the action of the corresponding dangerous or harmful production factor;
• elimination of hazardous situations in case of complete or partial interruption of power supply and its subsequent restoration, as well as in case of damage to the power supply control circuit;
• protection of electrical equipment, electrical wiring (including grounding) from mechanical influences, rodents and insects, penetration of solvents, making connections of wires and cables in junction boxes, inside the housings of electrical products, devices, machines;
• compliance with the size of passages and passages to regulatory requirements; appropriate location and execution of controls (including emergency stop devices) for Vehicle;
• equipping vehicles with protective equipment and safety signs;
• availability of labor protection instructions and their compliance with regulatory documents;
• availability and compliance hand tool and fixtures.

The assessment of the safety of the workplace is documented in a protocol.

When choosing the regulatory legal documents that are required for assessing injury safety, one should be guided by the Decree of the Government of the Russian Federation of May 23, 2000 No. 399 “On regulatory legal acts containing state regulatory requirements for labor protection”. According to this document, when assessing the safety of equipment, fixtures and tools, it is recommended to use Firstly documents located at the top of the table - intersectoral rules on labor protection. If for this equipment there are no relevant Intersectoral Rules, then the industry rules on labor protection, etc. are used. In the absence of approved regulatory legal acts on labor protection direct action or their insufficient quality, national rules and standards for labor protection should be applied: GOST 12.2.003-91 “Production equipment. General requirements security"; GOST R 12.4.026-2001 “Signal colors, safety signs, signal markings. Purpose and rules of application. General technical requirements and characteristics. Test methods"; GOST 12.0.004-90 “Organization of labor safety training. General provisions”, etc. In the injury safety assessment protocol, several NPAs from the list should be used, since often not all features of production equipment can be assessed with one document. A similar situation arises when evaluating devices and tools, means of instruction and training in labor protection.

In the injury safety protocol, it is not necessary to completely rewrite all sections of the regulatory documents that are used in the assessment, it should only reflect the most important points and inconsistencies in working conditions at a given workplace (according to the injury safety factor) from the point of view of regulatory documents. The section “Regulatory safety requirements for the workplace” of the protocol for assessing injury safety includes, as noted above, the most important points of the NLA from the point of view of the assessor.

In the "Regulatory Legal Entity Compliance" section, either "Complies" or "Does not comply" is written.

The section "Necessary measures and recommendations" provides possible technical and organizational solutions aimed at correcting the identified inconsistencies. Recommendations and activities this section must be specific and achievable.
In the approved injury safety assessment protocol, unfortunately, there is no section “Safety requirements for production premises". However, sometimes a situation arises that the equipment complies with the requirements of regulatory documentation, but is located in premises that do not meet the requirements, or the placement of equipment does not comply with the requirements of regulatory documentation. It is necessary to assess the workspace external to the equipment and reflect these conditions in the safety assessment protocols. For example, special requirements for the placement of production equipment; passages between equipment; flooring, wall cladding; number of emergency exits, etc. As a rule, this is reflected in the "Safety requirements for equipment" section.

Such important points as the availability of the necessary instructions, instruction logs, the availability of protocols, certificates for testing knowledge, passports and instructions for operating equipment and other documents necessary in practical, everyday work, the Methodology refers to the preparatory stage when conducting a workplace according to the injury safety factor . However, as the experience of carrying out work on certification shows, the specified information must be entered into the protocols for assessing the safety of the workplace.

Information on the timeliness of training, briefings on labor protection is recommended to be entered in the section "Requirements for the means of instruction and training on labor protection".

Recommendations for assessing the workplace by the safety factor:

1) correctly draw up a list of equipment, fixtures and tools. This task may be assigned to the department of mechanics or technology bureau. It is imperative to coordinate the list of equipment, fixtures and tools assigned to the workplace with the responsible technical services;
2) before filling out the protocol, conduct an analysis of injuries at the enterprise for previous years (at least 5 years);
3) select regulatory documents and draw up a list of requirements for compliance with which the workplace will be assessed according to the injury safety factor. At the same time, it is impossible to use regulatory legal acts that have been canceled (Rules, GOSTs, etc.);
4) to assess the injury safety factor with the definition of the hazard class (optimal, permissible or dangerous);
5) enter the hazard class in line 61 of the workplace attestation card;
6) based on the results of the assessment, develop an action plan to ensure the safety of workplaces.

The final assessment of the working conditions (according to the safety factor) of each workplace should be assigned to one of the following classes:

optimal (class 1) – equipment and tools fully comply with standards and rules (regulatory legal acts). The required protective equipment and tools are installed and working; means of instruction and training are compiled in accordance with the requirements, the equipment is in good working order;

admissible (class 2) - damaged and faulty protective equipment that does not reduce their protective functions (partial contamination of the signal color, weakening of individual fasteners, etc.);

dangerous (class 3) - damaged, faulty, or there are no means of protection of working bodies and gears provided for by the design of the equipment (guards, interlocks, signaling devices, etc.), the tool is faulty. There are no instructions on labor protection, or the existing instructions are drawn up without taking into account the relevant requirements, the conditions for their revision are violated. There are no means of labor safety training (rules, training and control programs, study guides etc.), or the available funds are of poor quality and the conditions for their revision are violated.

When classifying a workplace according to the safety factor to class 3, the working conditions are dangerous, such a workplace is considered conditionally certified.

The assessment of the availability of PPE for employees is carried out by comparing the actually issued PPE with the Model Industry Standards for the free issue of special footwear and other personal protective equipment to workers and employees, other regulatory documents (GOST, TU, etc.), as well as taking into account the specifics and types of work performed.

The effectiveness of PPE is assessed:

• availability of certificates of conformity;
• observance of the wearing period;
• correct list of PPE.

The work of a specialist conducting such an assessment includes two stages.

First stage:
determination of the procedure for issuing PPE, the compliance of the set and the degree of provision with them with the requirements of the Model Industry Norms for the free issue of special clothing, special footwear and other personal protective equipment, approved by the Decree of the Ministry of Labor and Social Development.
At this stage, you should check:
availability of internal norms for issuing overalls, special footwear and other personal protective equipment. As a rule, such norms are approved by the heads of the institution and are included in the relevant section of the Collective Agreement;
compliance of internal standards with the Model Industry Standards in terms of the extent to which they cover the employees of the institution, the list of issued protective equipment and their number.
the procedure for issuing overalls, special footwear and other personal protective equipment to employees.
visits to workplaces and interviews with employees.

Second stage of assessment:
To start work on this stage, you must prepare and have:
protocols for instrumental measurements of industrial environment factors (microclimate, illumination, noise, vibration, thermal radiation, chemical factors, etc.);
safety assessment protocols;
protocols for assessing the availability of personal protective equipment;
analysis of injuries at the enterprise over the past five years.
A comparison should be made of the compliance of the properties of the actually issued PPE with the conditions of the production environment, data on which are available in the protocols. This concerns, first of all, special protective clothing.
By analyzing the injury safety assessment protocol and directly at the workplace, it should be determined whether it is necessary to use a protective helmet, face shield, goggles, whether they are correctly selected for their protective properties. It should also be determined whether the hand and foot protection provided is capable of protecting the worker from injury.
Special attention it is necessary to pay attention to the assessment of compliance with the conditions of the working environment of the issued personal respiratory protection equipment: whether the brands of gas masks are correctly selected, whether their protective properties are sufficient at the detected concentrations of harmful substances.

The results are drawn up in the form of protocols, where information is entered for each certified workplace. Identified shortcomings are described in the final part of the protocol. It also provides suggestions for improving the provision of workers with personal protective equipment.

Data on the actual provision of the employee with personal protective equipment is entered in line 070 of the workplace attestation card for working conditions.

Assessment of the actual state of working conditions at the workplace consists of an assessment of:

• the degree of exposure to harmful and dangerous production factors;
• the degree of injury safety (i.e. the risk of injury);
• the provision of workers with personal protective equipment, as well as the effectiveness of these funds.

The assessment of the actual state of working conditions in terms of the degree of exposure to harmful and hazardous production factors is carried out in accordance with the hygienic criteria for assessing working conditions based on a comparison of the measurement results of all hazardous and harmful factors of the working environment, the severity and intensity of the labor process with the hygienic standards established for them.
It is advisable to carry out such measurements only after completing the work of the preparatory stage, as well as assessing the injury safety and provision of workers with personal protective equipment, including their effectiveness.

Workplaces must be suitably prepared, i.e. it is recommended to replace burned-out lamps with new ones, wash windows, equipment must work according to technology, raw materials and materials must comply with technology. This will help to avoid repeated measurements and reduce the cost of performing instrumental measurements.

Based on comparisons of the obtained results with regulatory requirements, a class of working conditions is determined, both for each factor separately, and for their combination and combination, as well as for the workplace as a whole.

According to the protocols for assessing the injury safety of the workplace in accordance with the classification of working conditions for injury safety, a hazard class is separately established or a conclusion is given on the full compliance of the workplace with safety requirements.

The results of the assessment of the actual state of working conditions at the workplace are entered in the Workplace Certification Card for working conditions, in which the certification commission of the institution gives a conclusion on the results of certification.

If there are no hazardous and harmful production factors at the workplace or if their actual values ​​correspond to optimal or permissible values, as well as when the requirements for injury prevention and provision of workers with personal protective equipment are met, it is considered that working conditions at the workplace meet hygienic and safety requirements. In this case, the workplace is recognized as certified.

In cases where the actual values ​​of hazardous and harmful production factors exceed the existing norms or requirements for injury prevention and provision of workers with personal protective equipment and do not comply with existing norms, working conditions at such a workplace are classified as harmful and (or) dangerous.

When classifying working conditions as class 3 (harmful), the workplace is recognized as conditionally attested with an indication of the corresponding class and degree of harmfulness (3.1, 3.2, 3.3, 3.4) and making proposals to bring it into line with regulatory legal acts on labor protection in the Action Plan for improvement and improvement of working conditions in the institution.

After the modernization of the conditionally certified workplace, it is necessary to carry out instrumental measurements of the levels of production factors that previously exceeded the maximum permissible level.

When classifying working conditions as class 4 (dangerous), the workplace is recognized Not certified and subject to immediate re-equipment or liquidation.

Certification Card

The attestation card of (his) workplaces (a) in terms of working conditions (hereinafter referred to as the Card) is a document containing information about the actual working conditions at the workplace, applicable benefits, compensations, additional payments to employees and their compliance with current legislation, the norms for issuing workwear and protective equipment, as well as recommendations for improving working conditions at a given workplace or a group of similar workplaces and, if necessary, proposals for the abolition of benefits and compensation or the introduction of new ones.

The card is intended for:

• a comprehensive assessment of the existing conditions and content of labor at the workplace or a group of similar (typical) workplaces;
  injury safety assessments;
• identification of workplaces that do not comply with the norms, rules and standards of labor safety;
• substantiation of benefits and compensations for unfavorable working conditions (additional payments to tariff rates, additional leave, shortened working week, pensions on preferential terms);
• development of measures aimed at improving working conditions and maintaining the health of workers;
• familiarization of employees upon hiring with working conditions, their impact on health and necessary funds personal protection.

At the final stage, final documents are formed

At the same time fill in:
List of workplaces (RM) and the results of their certification in terms of working conditions in the subdivision, which includes information about certified workplaces and working conditions at them, the number of workers employed in these conditions, and their provision with personal protective equipment;
Consolidated statement workplaces (RM) and the results of their certification in terms of working conditions in the institution, which indicates the number of jobs by structural divisions and the institution as a whole, the number of jobs at which certification was carried out with their distribution by class of working conditions, the number of employees employed in workplaces where certification was carried out, information on the provision of workers with personal protective equipment.
The results of the work of the attestation commission of the institution are drawn up by the protocol of attestation of workplaces in terms of working conditions.

The protocol must be accompanied by:
Job attestation cards for working conditions;
Statements of workplaces (RM) and the results of their certification in terms of working conditions in departments;
Summary sheet of jobs (RM) and the results of their attestation on working conditions in the institution;
Action plan to improve and improve working conditions in the institution.

Implementation of the results of certification of workplaces in terms of working conditions

Implementation of the results of certification of workplaces is to develop an action plan to improve and improve working conditions in the institution.

Based on the results of certification of workplaces in terms of working conditions, the certification commission, taking into account proposals received from the structural divisions of the institution, individual employees, develops an Action Plan to improve and improve working conditions in the institution.

The Plan specifies the deadlines for the implementation of activities and responsible executors. The plan should include bringing all workplaces in line with regulatory requirements for labor protection.

The plan is signed by the chairman of the attestation commission, and after agreement with the joint committee (commission) on labor protection, trade unions approved by the head of the institution.

The results of certification of workplaces in terms of working conditions are brought to the attention of the employees of the institution.

Workplace attestation documents for working conditions are materials strict accountability and are subject to storage for 45 years.

Procedure for developing and approving instructions

Recall that the head of the institution (department) is responsible for the timeliness and correctness of work with instructions [on labor protection].

The first head of the institution organizes the timely development, approval and availability of labor protection instructions for all types of work performed in his institution or in an independent structural unit such as a branch.

If there are deputies, he entrusts them with this work. The latter exercise control over the timely development, approval and availability of instructions for all types of work performed in subordinate units.

If the institution has a labor protection service or at least an labor protection engineer, then they are directly involved in the preparation and approval of instructions. If an institution has a labor protection management system that provides for and regulates the duties of all managers to ensure labor safety, then it also regulates the work of writing and approving instructions. If the institution is small, then this work will have to be done by the head himself or contact specialists. The development of instructions for employees is carried out on the basis of orders and orders of the head of the educational institution.

The main link for working with instructions is the middle manager - the level of the head of the shop, the head of the department. He knows the specifics of his production better than others and is responsible under the law for this work.

He directly
firstly, together with the labor protection service and the department of labor and wages (OTiZ), develops a list of necessary instructions for labor protection,
secondly, he personally develops or entrusts his deputy or other competent employee with such development;
thirdly, it monitors the timely approval and availability of labor protection instructions for all types of work performed in the workshop or department under its supervision.

The list is developed on the basis of the approved at the enterprise staffing in accordance with the "Unified Tariff and Qualification Directory of Works and Professions of Workers" and " Qualification guide positions of managers, specialists and other employees. The list is approved by the head of the institution and sent to all structural units(services, departments, etc.).

Persons appointed by the order of the head of an independent unit (subject teachers, etc.) are directly involved in the development of labor protection instructions.