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How to conduct a workplace assessment. Certification of workplaces according to working conditions: procedure, deadlines, goals, documents

From January 1, 2014, instead of certification of workplaces, a special assessment of working conditions was introduced, which must be carried out in accordance with Federal Law No. 426-FZ of December 28, 2013. Accordingly, the results of attestation of workplaces in terms of working conditions, issued after December 31, 2013, cannot be used (clause 2 of the Letter of the Ministry of Labor of Russia dated March 13, 2014 N 17-3 / B-113). Recall that by virtue of Part 12 of Art. 209 of the Labor Code of the Russian Federation in the old edition, certification was carried out in the manner approved by the Order of the Ministry of Health and Social Development of Russia dated April 26, 2011 N 342n (hereinafter referred to as the Certification Procedure). A special assessment of working conditions was previously provided for in Part 4 of Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ as a basis for exemption from paying insurance premiums at additional rates. Part 4 Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ became invalid on January 1, 2014 (subparagraph "d", clause 4 of Article 13 of the Federal Law of December 28, 2013 N 421-FZ).

By analogy with the results of certification, the results of a special assessment of working conditions are used, in particular, to provide employees with guarantees and compensations provided for by the Labor Code of the Russian Federation, as well as to establish additional tariffs insurance contributions to the Pension Fund of the Russian Federation, calculation of allowances (discounts) to the tariff of contributions for compulsory social insurance against industrial accidents and occupational diseases and justification for financing measures to improve labor protection conditions (Article 7 of the Federal Law of December 28, 2013 N 426-FZ).

A special assessment is carried out in relation to the working conditions of all employees, except for homeworkers, remote workers and those who work for individuals who are not entrepreneurs (Article 3 of the Federal Law of December 28, 2013 N 426-FZ). Special provisions are provided for state civil and municipal employees. Recall that in paragraph 4 of the Certification Procedure, other exceptions were established (in particular, certification could not be carried out in relation to workplaces where employees were engaged only in work on personal computers).

The methodology for conducting a special assessment of working conditions (part 3 of article 8 of the Federal Law of December 28, 2013 N 426-FZ) was approved by Order of the Ministry of Labor of Russia of January 24, 2014 N 33n. It establishes requirements for the procedures implemented within the framework of a special assessment: for the identification of potentially harmful or dangerous production factors, their research and measurement, assignment of working conditions at the workplace to a certain class (subclass) and presentation of the results (clause 1 of the Methodology).

By general rule assessment of working conditions is carried out at least once every five years, if there are no grounds for an unscheduled assessment (part 4 of article 8 and 17 of the Federal Law of December 28, 2013 N 426-FZ). Note that in accordance with paragraph 8 of the Certification Procedure for those jobs where the working conditions were recognized as acceptable or optimal, re-certification could not be carried out.

A significant innovation is the establishment in Art. 14 of the Federal Law of December 28, 2013 N 426-FZ of the classification of working conditions. According to the degree of harmfulness and (or) danger, they are divided into four classes: optimal, permissible, harmful and dangerous (1, 2, 3 and 4 classes, respectively). In turn, harmful conditions can be of four degrees (subclasses). It should be noted that the said article explains exactly which working conditions apply to each class (subclass).

According to part 2 of Art. 8 of the Federal Law of December 28, 2013 N 426-FZ, a special assessment of working conditions is carried out jointly by the employer and a specialized organization that meets the requirements given in Art. 19 of this Law. Part 2 Art. 4 of the Federal Law of December 28, 2013 N 426-FZ establishes the obligations of the employer, in particular to ensure that such an assessment is carried out and specialized organization necessary information, documents and information.

Let's pay attention to the following. If attestation was carried out in relation to workplaces, an assessment of working conditions may not be carried out for five years from the date of completion of attestation, with the exception of cases when an unscheduled assessment is appointed (part 4 of article 27 of the Federal Law of December 28, 2013 N 426-FZ). Other transitional provisions are also provided for legal entities that were accredited as organizations providing workplace certification services before January 1, 2014. Thus, they have the right to conduct a special assessment of working conditions before the expiration of existing ones on the day the Federal Law enters into force of December 28, 2013 N 426-FZ of certificates of accreditation of testing laboratories (centers), but no later than December 31, 2018 inclusive (Part 1 of Article 27 of the Federal Law of December 28, 2013 N 426-FZ). The certification results are used to apply an additional rate of insurance premiums to the Pension Fund of the Russian Federation, taking into account the class (subclass) of working conditions at the workplace. In clause 4 of Letter No. 17-3/B-113 dated March 13, 2014, the Ministry of Labor of Russia emphasized that this is an obligation, and not a right, of the payer of insurance premiums.

If, as a result of the attestation of the workplace, carried out before January 1, 2014, the working conditions are recognized as harmful or dangerous, then an additional rate of insurance premiums established by Part 2.1 of Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ, in the amount of 2 to 8 percent, depending on the subclass of working conditions (part 5 of article 15 of the Federal Law of December 28, 2013 N 421-FZ, Letter of the Ministry of Labor of Russia of April 18, 2014 No. 17-3/B-171). In this regard, the Ministry of Labor of Russia clarified the following: if the taxpayer cannot document the subclass of harmful working conditions, an additional tariff of 7 percent is applied to the certified workplace, which corresponds to the subclass of working conditions 3.4 (clause 2 of the Letter of the Ministry of Labor of Russia dated 03/26/2014 No. 17-3/10/B-1579).

How insurance premiums are charged at additional rates if the organization has up-to-date certification results for only a part of jobs, the Ministry of Labor of Russia indicated in paragraph 3.5 of the Letter dated 13.03.2014 N 17-3 / B-113. If, according to the results of certification, the working conditions of an employee employed in the work specified in subpara. 1 - 18 p. 1 art. 27 of the Federal Law of December 17, 2001 N 173-FZ, are recognized as harmful and dangerous, then insurance premiums are charged at additional rates provided for in Part 2.1 of Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ. If working conditions are recognized as optimal or acceptable, or there are no results of workplace certification, then insurance premiums are charged at additional rates provided for, respectively, in Part 1 or 2 of Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ.

In addition, in paragraphs 7, 8 of this Letter, the Ministry of Labor of Russia answers the question of how to determine the amount of insurance premiums for additional rates for part-time employment of an individual for a month at work under subpara. 1 - 18 p. 1 art. 27 of Law N 173-FZ with different classes (subclasses) of working conditions. In such a situation, insurance premiums are charged for each additional tariff in proportion to the number of days (hours) worked at the respective workplaces in the total number of days (hours) (taking into account overtime, weekends, holidays) this month. The considered insurance premiums are charged on the entire amount of payments and remunerations that are accrued in favor of this employee within a month, regardless of the periods for which payments are made.

If the specialized organizations accredited for certification of workplaces include testing laboratories (centers), the validity of which accreditation certificates expire in 2014, these companies can conduct an assessment without taking into account the requirements regarding the number and composition of experts until December 31, 2014 inclusive (Part 2, Article 27 of the Federal Law of December 28, 2013 N 426-FZ).

Code of the Russian Federation on administrative offenses also supplemented by new rules. Part 2 Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation provides for the responsibility of the employer for violating the procedure for conducting a special assessment of working conditions at workplaces or not conducting it. In this case, a measure is applied in the form of a warning or a fine (in particular, for legal entities - from 60 to 80 thousand rubles). The responsibility of a specialized organization for violating the procedure for conducting a special assessment of working conditions is established by Art. 14.54 Administrative Code of the Russian Federation. Changes made to the Code of Administrative Offenses of the Russian Federation will come into force on January 1, 2015 (Part 2 of Article 15 of the Federal Law of December 28, 2013 N 421-FZ).

In addition, it should be added that the costs of conducting a special assessment of working conditions are not taken into account for the purposes of the simplified tax system (Letter of the Ministry of Finance of Russia of June 30, 2014 N 03-11-09 / 31528 (sent by Letter of the Federal Tax Service of Russia of July 30, 2014 N GD-4-3 / 14877)). The position of the financial department is not indisputable. See New documents for an accountant for details. Issue dated 20.08.2014.

We also note that these expenses can be reimbursed at the expense of contributions accrued to the FSS of the Russian Federation for injuries (clause 3 of the Rules for Financial Support of Preventive Measures to Reduce Industrial Injuries and Occupational Diseases of Workers and Sanatorium and Resort Treatment of Workers Employed in Works with Harmful and (or) hazardous production factors (approved by Order of the Ministry of Labor of Russia of December 10, 2012 N 580n as amended by Order of the Ministry of Labor of Russia of February 20, 2014 N 103n)).

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

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

Who is subject to mandatory certification of workplaces

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

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

Which jobs should be assessed

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

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

In addition, if previously the workplaces of home-based workers and employees working in remote mode, certified for common grounds, now existing normative base allows not to conduct a special assessment in these cases.

Frequency of conducting a special assessment of jobs

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

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

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

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

Initiation of the Special Evaluation Procedure

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

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

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

These organizations and specialists in without fail must be listed in a special register and be independent parties in relation to the enterprise where it is planned to carry out certification of workplaces.

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

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

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

What is the effect of a special assessment of jobs

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

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

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

The timing of the certification of workplaces is information enshrined in legislative acts that establish the procedure for conducting such an audit. They must be strictly observed and anyone found guilty of violating them will be punished. Regardless of whether it is the employer or one of the experts who conducted the assessment. And in order not to be punished for such an offense, you need to know the procedure and timing of the certification.

Certification of workplaces for working conditions and its terms - legislative regulation

It is worth starting with the fact that this procedure is complex, and it is influenced by many factors. And, most importantly, it is mandatory for any employer who has a production or other economic activity on the territory of the Russian Federation. Such a check is carried out by the head of the enterprise himself.

He is obliged to assemble the necessary commission of experts, involve third-party organizations that have passed the appropriate accreditation for verification, and, at the end of the certification, obtain the necessary certificates. The deadlines for attestation of workplaces are established by law - it must be held at least once every 5 years.

The fact that such a check is mandatory for all employers of the Russian Federation is enshrined in the relevant legislative act - Art. 209 of the Labor Code of the Russian Federation. It also indicates the terms of certification, as well as its main goals and objectives. The Labor Code states that checking workplaces for labor protection conditions is necessary in order to establish how the workplace complies with legislative standards, whether there are factors that can harm the health of an employee or pose a danger to him.

And if such factors are found, then the results should indicate solutions that will help bring the workplace into compliance with legal norms. All actions aimed at improving working conditions in production are not required to meet the deadline for certification of workplaces for working conditions.

If, according to the results of the certification, factors are identified that threaten the life and health of the employee, then the commission must draw up a project to bring the workplace to its proper form. And the procedure for carrying out all the compiled measures is redirected to the federal bodies that control working conditions at enterprises.

The legislation also establishes that the employer is obliged to provide everything necessary to ensure that the inspection of workplaces and subsequent certification are carried out normally. If the head of the enterprise accidentally or deliberately violated the procedure, deadlines, or otherwise prevented the certification, he may be held accountable.

In addition to the Labor Code of the Russian Federation itself, there are other documents that affect, directly or indirectly, what are the terms for certification

GOST 12.4.011-89, which approved the standards and criteria for individual and collective protective equipment.
GOST 12.1.005-88, where standards are approved that apply to the quality and composition of air at the workplace of a worker.
SanPiN 2.2.4.548-96, where standards are established and legalized that apply to hygiene and the microclimate of industrial premises.
SanPiN 2.6.1.1202-03, which describes the specific requirements for sources of ionizing radiation.
SanPiN 2.2.4.1329-03, where requirements are put forward regarding the protection of personnel from pulsed and electromagnetic fields emitted by any electrical equipment at the enterprise.
SanPiN 2.2.4 / 2.1.8.055-96, which refers to the standard and criteria that are put forward for radiation that has a radio frequency range.
SanPiN 2.2.4.1294 03, which refers to sanitary and hygiene requirements relating to the ionization of air inside the working and industrial premises.
Guideline R 2.2.2006-5 establishes the norms and methods by which specialists who are members of the expert commission can assess how well the working conditions in the workplace comply with hygiene standards.
Order of the Ministry of Health and Social Development of Russia dated June 1, 2009 No. 290, which approved and legalized the rules according to which the employer is obliged to provide employees with clothing for work at the enterprise, especially when it comes to hazardous work places.
Guide R 2.2.013-94, which contains the rules and methods that experts on the commission must use in order to correctly assess hygiene factors that could endanger the life and health of employees.

All information that will be collected by the expert commission during the inspection of workplaces is processed and analyzed not only by specialists, but also by the Federal Labor and Employment Service of the Russian Federation. Factors such as the terms of certification of employees, methods and criteria by which working conditions are assessed are described in the Order federal service on labor and employment dated August 25, 2008 No. 166.

If the employer decides to involve a third-party organization in assessing the workplace in terms of working conditions, then he has the right to receive the widest range of information from this organization. It may include the length of service of employees who have the right to conduct certification, their level of education, the availability of accreditation of the laboratory working with the organization and other facts that may affect the choice of employer. It is also worth noting that the relevant Order regulating the activities of such organizations stipulates the impossibility of restricting competition between them.

The procedure for certification and its exact terms

The results of the certification of workplaces are extremely important for the employer. Based on their results, it will become clear what actions need to be taken to improve labor activity. And is it worth waiting for any legislative consequences. And in order for the assessment of working conditions to be normal, and its results to be recognized as legitimate, the head of the enterprise and attestation specialists must follow a certain procedure. One of the examination stages is a list binding documents required for the assessment:

The employer must issue an order for the enterprise, which will talk about the start of certification, the composition of the expert commission and the approval of its composition;
Schedule according to which certification works will be carried out;
An agreement concluded between the head of the enterprise and the organization that will conduct the certification. It is worth noting that the certification organization must be independent and in no way personally connected with the leader;

After certifying commission approved, the verification process begins. Experts are required to check all the jobs that are in the enterprise, evaluate all the negative factors and analyze all the information that they managed to collect. After that, they must generate a report on the passed inspection, approved by a majority of votes. This document should include the following items:

After the certification is completed, the head of the organization is obliged to issue a decree, which will fix the fact of the audit. Also, in this document, the results obtained by the commission must be approved.

The entire certification procedure for working conditions for newly created jobs should be carried out no more than 60 days in advance. This period is established by law and begins from the moment the head of the organization issues and approves the relevant order to create new jobs.

The legislation also establishes that all workplaces must be checked for working conditions at least once every 5 years. The head himself appoints the frequency of such certification and, if there are no documents regulating his field of activity, then he has the right to indicate any period. Within the above limits.

After the certification is over, the manager is obliged to collect all the results and send them to structural subdivision state labor inspectorate. In addition, the package of documents should contain information about independent organizations that took part in the overall assessment.

Penalties for violation of the rules and terms of certification

In most cases, the responsibility for how and in what terms the certification will be carried out lies with the employer who initiated the verification. If he violates the rules of this event, then the head will be fined in the amount of 20-30 of his minimum wages. If the matter concerns the whole organization, she will be fined between 200 and 300 minimum wages. This is stated in the Federal Law of March 30, 1999 No52-FZ.

Also related to this issue is Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, which states that a person who violates the rules for conducting certification also violates labor laws. And this entails a penalty in the form of a fine, ranging from a thousand to fifty thousand rubles (depending on the existing factors). Also, the person responsible for such a violation can be suspended from his activities for up to 90 days.

The responsibility of those independent organizations that help in carrying out certification is not fully established by law. Relations between such organizations and the employer who involved them in such work are regulated and take place within the framework of a civil law contract. And if government bodies control will reveal violations in the procedure that were not detected during the work of certification organizations, all responsibility, and as a result, punishment, will fall on the employer who concluded the contract.

It is worth remembering that the punishment for people who have already been noticed in violation of the certification procedure is different from what is indicated above. If such a person commits this offense again, then he will be suspended from activity for a rather impressive period - from one to three years.

The severity of punishments and the amount of fines clearly indicate that the state is directly interested in ensuring that the certification of workplaces takes place on time and in accordance with all the rules. Only in this way can the government of the Russian Federation guarantee the safety of their work activities to employees employed at the enterprise. And given that the goal of modern labor protection is to ensure the safety of the life and health of the employee, this is not surprising. Moreover, in connection with this fact, the employer should always expect that the criteria, standards, as well as penalties for their violation, will only become tougher.

Certification of workplaces according to the new law is replaced by a special assessment of working conditions(SUT) is a check of working conditions, organization of measures for their safety, determination of the presence of a health hazard. The SOUT rules are regulated by Federal Law No. 426-FZ of December 28, 2013 and the Labor Code of the Russian Federation. In this article, we will consider how certification of workplaces is carried out according to working conditions, what are the goals of the assessment, what order and list of necessary documents.

The purpose of the certification or special assessment of working conditions

The check is carried out in order to working conditions to established standards. For this you need:

Monitor the status of jobs;
Change the amount of insurance premiums in case of injury;
Make a list of people who need to undergo a medical check;
Provide personnel with protective equipment;
Change the work schedule for those working in hazardous conditions (reduce the working day, establish additional leave etc.);
Change the technology of the process or suspend the operation of the workshop;
Align job titles All-Russian classifier professions;
Apply sanctions for violations of labor protection.

Who evaluates working conditions

Every employer of any form of ownership is obliged to organize certification(individual entrepreneur, entity). It is carried out by an attestation commission and an accredited organization attracted by the enterprise on a paid basis. The composition of the commission is approved by the employer, it includes:

For large organizations	For small businesses and small businesses
Representatives of the head (heads of structural departments, lawyers, personnel workers, payroll accountants, medical workers, etc.), one of them is appointed head of the commission.	The employer or his representative.
Occupational safety specialist.	A specialist engaged by employers to perform labor protection functions.
Union member.	Union member.
	Representative of an accredited organization.

Tasks of the commission:

Manage and control all stages of the audit;
Collection of necessary documents and their study;
Drawing up a list of jobs that will be checked;
Checking the compliance of the names of professions and positions with the Unified Directory;
Numbering of workplaces;
If necessary, propose changes to the obligations of the employer in employment contract(providing protective equipment, changing the work schedule, providing wage supplements for harmfulness, etc.);
Develop a plan to bring places in line with regulations.

An accredited organization is an independent entity. An employer may involve several organizations.

Tasks of the attesting accredited organization:
Determine the measurement methods and the composition of the specialists who will produce them;
Examine the documents that provide working conditions;
Request for clarification on emerging issues.

According to the contract, the attesting accredited organization must:

Make the necessary measurements;
Assess the compliance of places with standards;
Compile an inspection report.

An accredited organization has the right to refuse to conduct an audit if it does not provide the necessary documents or if there are no conditions for measurements.

According to Federal Law No. 426, ed. dated 01.01.2014, the following requirements are imposed on accredited organizations that carry out the SOUT:

License to carry out SOUT.
The composition should include at least five experts with certificates and at least one expert-specialist with higher education in any of the specialties: general hygienist, laboratory research specialist, occupational health doctor.
Availability of an accredited research laboratory.

If the organization does not meet the requirements, then its decision will be invalid.

Timing of the audit

The schedule of inspections is approved by the employer, between inspections the period must be at least five years. The next certification is still carried out, even if the results of the previous one showed full compliance with the standards. New places are certified no later than 60 days after the start of their operation.

There are situations when a check is carried out outside the plan:

When changing equipment;
When changing raw materials and materials;
In case of industrial injuries or accidents;
When making changes to technology;
When taking measures to improve working conditions and bring them to the relevant standards;
When changing protective equipment;
At the suggestion of a trade union member;
According to the results of the state examination;
When new jobs appear.

The certification process

There are three stages of certification, this is an assessment: hygiene standards, injury risk, security. According to the results of the certification comprehensive assessment. When checking workplaces in production, the impact of the following factors is checked: biological, chemical and physical. When assessing the conditions of labor activity, the intensity of labor and its severity are checked.

Stage 1. Hygiene assessment

It is carried out in accordance with the guidelines: R 2.2.013-94 and R 2.2.2006-05. Sanitary conditions for work are assessed, whether hygiene rules are observed, whether there are any violations by the employer, whether all conditions for the safety of the employee have been created. Laboratory examinations and sampling are carried out.

According to the results of the assessment, labor conditions are divided into 4 classes of harmfulness: optimal, permissible, harmful and dangerous.

Stage 2. Injury assessment

The assessment checks working equipment, namely: operational documents; is there any protection when working on this equipment; the presence of fences, signal markings, blocking, etc.; serviceability of signals about breakage, emergency start, interruption of power supply, etc.; protection of equipment and electrical wiring from external influences. The tools and fixtures necessary for the work are assessed, whether they comply with the standards.

The Commission is guided by the following requirements for protection against: mechanical impacts, exposure to electricity, toxic chemicals, exposure to temperatures, etc. After the evaluation, the working conditions are divided into three classes: optimal, acceptable, dangerous.

Stage 3. Assessment of personal protective equipment

Employees of the company must be provided with the necessary protective equipment. They must meet the following requirements: to have certificates, comply with regulations, meet actual working conditions. If at least one non-compliance with the procedure is found, the workplace is considered not provided with protective equipment.

Final assessment of working conditions

Upon completion of certification, a comprehensive assessment of working conditions is carried out, based on the results of all three stages. After that, a final decision is made - whether the workplace meets state regulatory requirements or does not.

Penalties for violation of the rules for a special assessment of working conditions

Responsibility for the conduct and accuracy of the data lies with the employer. In case of violation, an administrative fine is imposed in the amount of 50 to 80 thousand rubles. The amounts of administrative fines that came into effect on January 01, 2015 are presented in the table below.

Type of violation	The amount of the administrative fine (rub.)
Violation of labor law	Up to 50,000
Violation of the verification procedure	Up to 80,000
For the admission of persons who have not been trained in labor protection	Up to 130,000
For non-compliance with labor protection standards	Up to 150,000
For repeated non-compliance with labor protection standards

A simple example #1 of determining the punishment for violating the rules for attestation

The company introduced new jobs on May 01, 2016. The employer began to conduct certification of new jobs on August 01, 2016. Are there any violations? What will be the punishment?

There is a violation, since the verification must be carried out within 60 days from the date of the introduction of new jobs. An administrative fine in the amount of 80,000 rubles is imposed on the organization.

Workplaces subject to certification

All workplaces in the organization are subject to certification. The exception is similar (similar) jobs. If the enterprise has such places, then only a part of them is evaluated, namely only 20%, but not less than two.

Similar places must meet the following criteria:

Positions and professions have the same names;
Unified technology of work, process;
A single list of responsibilities;
Work on the same equipment, using the same raw materials, fixtures, tools, inventory, etc.;
Similar working premises (either this is one room for all, or it is work in the open air);
Similar working conditions have been created (air temperature, air conditioning, heating, ventilation, lighting, etc.);
Same work schedule
The layout of the equipment is the same;
Harmfulness of production of one class and one type;
The same protective equipment.

One attestation card is issued for similar places. The result of the assessment (elimination of deficiencies, improvement measures, premiums for harmfulness, etc.) applies to all similar places.

Example #2. Classifying jobs as similar

The sewing factory employs 8 seamstresses. They have the same working conditions, the same sewing machines, work technology, the same job title, one work schedule and the raw materials (materials) used. Are the jobs similar and how many jobs need to be assessed?

8 jobs are similar. 20% of places, but not less than two, must pass certification.

8 * 20% = 1.6, so you need to check 2 similar working metas. If, as a result of checking these places, a decision is made to improve working conditions, then this decision will be extended to all 8 places.

Documents required for the assessment of labor conditions

The table below shows Required documents for, which will be required before certification, in the immediate process of assessment and after verification.

Before the beginning

Under evaluation

After the

The order of the head on the creation of the commission and its list.

Schedule approved by the manager.

List of places to be checked.

Attestation cards for each workplace.

Summary sheet of test results.

Table of harmfulness classes and allowances for harmfulness.

Conclusions based on the results of the state examination (if any).

Infringement notices (if any).

Information about the accredited organization.

Minutes of the committee meeting.

Action plan to improve working conditions.

Certificate of Completion.

Approved Attestation Report

The order to complete the certification is signed by the head within 10 days. The manager acquaints the employee with the results of the check against signature. After that within 10 calendar days the employer must submit to the state labor inspectorate in paper and in electronic format: summary sheet of inspection results and information about the accredited organization. The data on the results of the SOUT are posted on the official website of the company within 30 days.

Frequently Asked Questions

Question number 1. Is certification of workplaces carried out for office workers?

Yes, it is carried out, since certification, according to Federal Law No. 426, must be carried out for all jobs. Most likely, the jobs of office workers will be recognized as similar, then only 20% of the jobs will need to be checked, but at least two.

Question number 2. Who is responsible for compliance with the certification rules?

The employer is responsible. In case of violation, an administrative fine is imposed from 50 to 200 thousand rubles.

Question number 3. Who conducts certification?

Certification is carried out by an attestation commission appointed by the head and an independent accredited organization.

Question number 4. When is certification required?

Once every five years, and for new locations within 60 days. In certain cases, unscheduled certification is carried out.

Question number 5. Can an accredited commission refuse to conduct an audit?

Yes, it can, if the employer has not provided all the necessary documents and conditions for taking measurements.

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.

Recent changes in the law

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

According to experts, the introduction of a completely new mechanism is due to the fact that the certification of workplaces, carried out earlier, did not give the desired effect and could not protect 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.

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

Some simply signed, not paying attention to the study of safety 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 has been made 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 report for the quarter 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.

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

belonging to workers who are engaged in home-based work;
employees working remotely;
employees of employers - individuals who are not individual entrepreneurs.

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

For this special assessment, special organization, whose experts professionally assess working conditions.

The legislator also worried about the transition period. An employer who has carried out an attestation of a workplace under the old legislation (before January 1, 2014) is exempted from the obligation to conduct a special assessment until the expiration of the results of this attestation. But no more than December 31, 2018. The results of certification are also used for the tasks of a special assessment - to organize medical examinations, to inform employees about working conditions, to provide employees with means personal protection, compensation payments, etc.

As for companies that have jobs with dangerous or harmful conditions labour, they must evaluate immediately. As well as with jobs that allow an employee to leave for an early retirement pension. Other organizations conduct a special assessment until December 31, 2018. The certification of workplaces, which was carried out in 2014, is considered illegal, and its results cannot be used. About it in question in a specially published Letter of the Ministry of Labor of the Russian Federation.

Detailed information about the special assessment is in the following video:

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

The law also provides for other cases of unscheduled assessment:

when changing the 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 on similar places, must be of the same type, and personal protective equipment must be the same.

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

Then the experts begin to study jobs and identify among them those that are exposed to dangerous or harmful factors. Those places where such factors are absent are entered in the declaration, which is subsequently submitted to the labor inspectorate. 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.

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.

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

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 up to one year or imprisonment for up to one year.