Question: Good afternoon. In February 2013, workplace certification was canceled for companies that have only offices. I have conflicting information: some lawyers tell me that we don’t need to carry out certification of workplaces at all, other lawyers say that it is still necessary to carry out one time, but not every 5 years. I would still like to understand - how right?

Certification of workplaces according to working conditions

Certification of workplaces for working conditions is an assessment of working conditions at workplaces in order to identify harmful and dangerous production factors and take measures to bring working conditions in line with state regulatory requirements (Article 209 of the Labor Code of the Russian Federation).

The procedure for attestation of workplaces in terms of working conditions was approved by order of the Ministry of Health and social development RF dated April 26, 2011 No. 342n “On Approval of the Procedure for Certification of Workplaces in Terms of Working Conditions”. Certification is carried out in order to assess working conditions at workplaces and identify harmful and (or) dangerous production factors.

What jobs are subject to certification

According to clause 4 of the said order, taking into account the changes made, certification is subject to workplaces that involve:

• work with equipment, machines, mechanisms, installations, devices, devices, vehicles;
• operation, maintenance, testing, adjustment and repair of equipment, machines, mechanisms, installations, devices, devices, vehicles;
• work with sources of danger that can have a harmful effect on the employee, determined by the certification commission based on the criteria for assessing working conditions;
• use of electrified, mechanized or other hand tools;
• storage, movement and (or) use of raw materials and materials.

What jobs are not subject to certification

According to clause 4 of the said order, taking into account the changes made, workplaces where employees:

• are engaged in work exclusively on personal electronic computers (personal computers);
• operate desktop-type copiers, single stationary copiers used periodically for the needs of the organization itself, and other office equipment;
• exploit household appliances not used in the manufacturing process.

Thus, the workplaces of office workers of the organization are not subject to certification, provided that they are among the exceptions indicated above (for example, employees are employed only on personal computers for less than 50% of their working time, operate copiers (desktop type, stationary) used periodically for the needs of the organization, other office equipment, etc.). If employees are employed only on personal computers, but more than 50% of the working time, then their jobs must be certified in the prescribed manner.

The procedure for attestation of workplaces, who conducts attestation of workplaces

In accordance with paragraphs 9, 10 of the Procedure, certification is carried out by an certification commission, which includes representatives of the employer, a labor protection specialist, representatives of the elected body of the primary trade union organization or other representative body of workers, representatives of the certification organization.

Thus, the attestation commission created in the organization determines which jobs, including newly organized ones, are subject to attestation.

Certification of the workplace of an office worker

How can I confirm the employment of an office worker for personal computer less than 50% of working hours?

As already mentioned, the certification committee itself determines which jobs are subject to certification.

In order to determine whether an employee is employed at a PC for more or less than 50% of the working time, in accordance with paragraph 7 of the Order, the certification organization examines in full the documentation related to the organization of work to ensure labor protection requirements at the employer, at whose workplace certification is carried out .

In this case, such documentation will be those documents that indicate official duties employees, as well as documentation on recording the time worked by each employee.

Examples are:

• internal rules work schedule;
• job description;
• collective agreements;
• labor contract;
• time sheet

Judicial practice on certification of workplaces

As the Seventh Arbitration Court of Appeal pointed out in its Resolution of June 3, 2013 in case No. A03-968 / 2013, persons working with a PC for more than 50% of their working time are persons professionally associated with the operation of a PC. Documents confirming the work on a PC for more than 50% of the working time in this case were an order to hire employees, as well as an act of checking workplaces, which reflect the mode of operation (in this case, the Company). At the same time, the court noted the need for employees to be connected to the operation of the PC. The employees were: receptionist-cashier, telecommunications engineer, Chief Accountant.

In its Appeal ruling dated August 22, 2013 in case No. 33-5043, the Saratov Regional Court noted that the defendant provided sufficient evidence that the jobs in the LLC do not fall under the list contained in clause 4 of the Procedure, do not contain harmful and ( or) hazardous production factors, employees of the organization are engaged in working with a PC for no more than 50 percent of the working time. At the same time, the defendant, LLC, provided copies of job descriptions of persons employed at work on a PC (among them: director, chief accountant, manager of pawnshops, accountant, assistant accountant, administrator of the AHS, senior merchandiser, merchandiser, assistant merchandiser, appraiser-merchant manager, manager for the sale and appraisal of household appliances).

Appeal ruling of the Supreme Court of the Republic of Sakha (Yakutia) dated July 1, 2013 in case No. 33-2267/2013: the case states that all employees are employed exclusively on PCs. The court concluded that, in this case, attestation of workplaces was necessary.

Workplaces subject to certification

Thus, attestation of workplaces should be carried out in relation to those workplaces where persons are engaged in work on a PC for more than 50% of their working time on a professional basis.

Documents confirming the employment of an employee on a PC for less than 50% of his working time may be job descriptions, internal labor regulations, employment contracts, etc.

How often is a workplace assessment required?

According to clause 8 of Order No. 342n dated April 26, 2011, at workplaces where harmful and (or) dangerous conditions labor, as well as at workplaces with the presence of production factors and work, in the performance of which it is mandatory to conduct preliminary and periodic medical examinations (surveys), certification is carried out at least once every five years.

According to clause 3.2.2.4 of the Order of the Ministry of Health and Social Development of Russia No. 302n dated April 12, 2011, medical examinations are mandatory for employees who work with a PC for more than 50% of their working time. Thus, attestation of the workplaces of workers employed at work with a PC for more than 50% of the working time should be carried out at least once every five years.

Responsibility and penalties for certification of workplaces

For failure to fulfill the obligation to conduct certification of workplaces for working conditions, provided for in Article 209 of the Labor Code of the Russian Federation, an employer or organization may be held administratively liable (fine) in the amount of 1,000 to 5,000 rubles; organization - from 30,000 to 50,000 rubles or an administrative suspension of activities for up to 90 days in accordance with Art. 5.27 of the Code of Administrative Offenses.

1. Certification should be carried out in relation to those workplaces where office employees are engaged in work on personal computers for more than 50% of their working time on a professional basis at least once every five years.
2. Prove to the inspection body ( Labour Inspectorate or the prosecutor's office) the employment of their office employees on personal computers for less than 50% of the working time will be the employer himself, by providing local acts containing the labor duties of employees, as well as the time of their employment.

• Legislation
• Terms of certification
• Who conducts certification?

Legislation

In accordance with Article 212 of the Labor Code of the Russian Federation, the employer is obliged to conduct certification of workplaces in terms of working conditions. Certification is carried out on the basis of the Order of the Ministry of Health and Social Development of the Russian Federation dated April 26, 2011 No. 342n “On Approval of the Procedure for Certification of Workplaces for Working Conditions”. Based on the second part of Art. 212 of the Labor Code of the Russian Federation, all employers are required to carry out certification of workplaces, without exception. The main purpose and objective of this procedure- improvement of working conditions, as well as the identification of harmful and dangerous production factors. The certification process includes:

• hygienic assessment of working conditions of employees;
• assessment of injury safety at the enterprise;
• assessment of compliance with labor safety standards of the tools and equipment used at the enterprise;
• provision of employees of the organization with personal protective equipment.

Terms of certification

The organization itself determines when it needs to conduct certification. However, by law, it must be carried out at least once every 5 years! It is important to know that if a new workplace or the production equipment of the workplace has been changed, then it must be certified within 60 days.

Many employers confuse performance appraisal with employee appraisal. It is important to understand that it is the workplace that is being certified, and not the employee! For example, 5 people may work in your organization, and there may be 2, 3 or even 8 jobs. Some employees can perform different tasks and occupy several jobs, respectively, each of which must be certified by the employer!

Workplace certification and fines

Various sanctions may be applied for violating the procedure for attesting workplaces: from issuing orders to eliminate violations to bringing managers and officials to administrative responsibility. Both the prosecutor's office and the labor and employment inspectorate can check the attestation of workplaces. The visit of these structures, as a rule, does not bode well.

To date, the maximum fine for not carrying out certification of workplaces is 50 thousand rubles. Or an administrative suspension of the activities of an enterprise or organization for a period of up to 90 days may be carried out (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). The fine for officials is from 1 to 5 thousand rubles. However, the Ministry of Health and Social Development plans to increase this amount by several times. The increase in fines will increase the degree of employer's responsibility for the life and health of employees and will call on many organizations to attest their workplaces.

Who conducts certification?

In order to carry out certification, in accordance with the law, it is necessary to have accreditation for the provision of services in the field of labor protection in accordance with the order of the Ministry of Health and Social Development N205n of 04/01/2010. As a rule, such organizations have their own laboratory and the entire list of measuring equipment for measurements. The involvement of such organizations takes place on a contractual basis.

The procedure for certification

The procedure for certification of workplaces includes:

1. Formation of an order for the organization, within the framework of which a special attestation commission is created, which includes specialists from the attesting company and employees of the attested organization.

2) The list of workplaces subject to certification is determined. Next, a list of hazardous and harmful production factors in the workplace is established and the cost of certification is calculated.

3) The process of executing the certification of workplaces for working conditions, within the framework of which an assessment of the degree of injury risk of each workplace is carried out and the following is determined:

• safety of the used equipment, tools and materials involved in the labor process;
• the provision of PPE employees and their compliance with the actual impact of harmful or dangerous factors;
• the level of awareness of each employee about measures to ensure labor safety.

4) Registration of the results of certification of workplaces in terms of working conditions, with the application of the appropriate package of documents:

• measurement protocols;
• cards of attestation of workplaces at the enterprise;
• an action plan aimed at improving the sanitary and living conditions of workers;
• statements, applications and other documents.

5) After the certification, the employer sends its results to the state labor inspectorate. The received documents based on the results of certification are used within the framework of:

• certification of production facilities, confirming compliance with the requirements for the organization of labor protection;
• to calculate discounts and premiums to the insurance rate in the system of compulsory social insurance of workers against industrial accidents;
• determining the terms of the employment contract and familiarizing the employee with the labor process;
• development of an action plan aimed at ensuring labor safety;
• determining the procedure and amount of compensation to employees;
• identifying those responsible for violating labor protection requirements and making appropriate decisions.

The cost of certification of jobs

The cost of certification services depends on the number of jobs in the enterprise. For medium and large enterprises, where there is a large number of jobs, there are discount systems. The average market cost of certification of 1 workplace is from 1,500 to 7,000 rubles. Complex studies are paid separately. At the same time, the cost of attesting a welder's workplace will be higher than the cost of attesting an accountant's workplace.

For an ordinary office, the approximate cost of certification of one workplace with a personal computer is about 2,000 rubles.

There are organizations that offer to provide these services at prices significantly lower than the average market prices. But keep in mind that a cheap option can lead to significant losses in the future.

Today, the market for such services in our country is very diverse. However, from the huge mass of organizations offering certification services, you should choose only honest and proven with positive side firms.

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Not so long ago personnel specialists doubted whether certification of workplaces is 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 the current legislation, the 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 punishment for non-compliance with existing 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 of 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, 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 staff, 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 necessary to certify only the places where the employee used hand tools, units and apparatus, machines and installations, 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 conducted certification of workplaces for harmful conditions labor and the modern procedure of SOUT have a number of things in common. In particular, if an accident occurs at work, it is necessary to without fail organize an assessment. It is required if the employee has Occupational Illness. 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 this comes from the primary organization, the enterprise 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 a third-party legal entity that has 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, for this it is necessary to involve 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 of the established form confirming their right to conduct assessment work. According to the law, one of these five must specialize in general hygiene issues or have the specialization of an occupational hygienist or a doctor in the field of laboratory research on sanitation and hygiene at the site being examined.

In order to organize a full-fledged and compliant SOUT, which replaced the certification of workplaces in terms of 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 like, 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. If there is an expert opinion, it is filed with the case.

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 the production process.

The information obtained during the special assessment is necessary for determining the tariffs for the 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 legislation. 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 an earlier 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.

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 for 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 in terms of working conditions is carried out in the manner prescribed by federal body executive power, carrying out 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 the job attestation cards that become the basis for all subsequent actions, and all preventive work to prevent occupational injuries and occupational diseases often depends on the correctness of their filling.

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 work 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 of the Russian Federation of 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 used equipment, changes technological process, reconstruction of collective protective equipment, etc., as well as at the request of the bodies of the State Expertise of working conditions of the constituent entities of the Russian Federation in case of detection of violations during the certification of workplaces in terms of 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 of the 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 trade union committee etc. Each institution independently determines the composition of the attestation 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 certification of workplaces in terms of working conditions with the training of members of the certification commission, by contacting regional labor protection centers 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 or 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 a basis for auxiliary services of the corresponding workplaces (repairmen, managers, etc.) when specifying the time of exposure, 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 staffing, « 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 hazardous 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 attestation 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 of electromagnetic radiation (at workplaces with computers).
The whole set of harmful and dangerous production factors in 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 accessories 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 timekeeping of working hours 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 working 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, the data of 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 organizing and managing 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 has replaced the generally accepted and official (according to Labor Code RF) the terms "working environment", "hazardous production factor", "harmful production factor" by new, and, in our opinion, not entirely successful, terms "working 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 certain complexity and confusion in the preparation of official labor protection documents in practice and to which 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 certification of workplaces according to the safety factor, there are “Guidelines for assessing the safety of workplaces for the purpose 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 the prescribed manner, the injury safety assessment of production equipment and fixtures is carried out for compliance with the requirements set forth in national regulatory legal acts that ensure safe working conditions at workplaces, 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;
• exclusion 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 wire and cable connections in junction boxes, inside housings 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 vehicles;
• equipping vehicles with protective equipment and safety signs;
• availability of labor protection instructions and their compliance with regulatory documents;
• availability and compliance with the regulatory requirements of hand tools 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 first of all documents located at the top of the table - intersectoral rules on labor protection. If there are no relevant Interindustry Rules for this equipment, then the industry rules on labor protection, etc. are used. In the absence of approved normative legal acts on labor protection of direct action or their insufficient quality, national rules and standards on 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 protocol for assessing injury safety, 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.

The injury safety protocol should not 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 this workplace (according to the injury safety factor) from the point of view of regulatory and legal documents. In the section "Regulatory safety requirements for the workplace" of the injury safety assessment protocol, as noted above, the most important points of the NPA from the point of view of the assessor are entered.

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

The section "Required actions and recommendations" provides possible technical and organizational decisions 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 documents, but is located in rooms that do not meet the requirements, or the placement of the equipment does not comply with the requirements of regulatory documents. 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 can be entrusted 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 (normative 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 Standard 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.
Particular attention should be paid to assessing the 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 for 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 the work has been completed. preparatory phase, 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 safety of a workplace in accordance with the classification of working conditions for 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 an opinion 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 standards or requirements for injury prevention and provision of workers with personal protective equipment and do not comply with existing standards, 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 certified 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 on 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 compensations or the introduction of new ones.

The card is intended for:

• integrated assessment 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 (surcharges to tariff rates, additional leave, reduced work 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 the necessary personal protective equipment.

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;
A summary sheet of jobs (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 at the 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 the certification of workplaces in terms of working conditions, the certification commission, taking into account the proposals received from the structural divisions of the institution, individual workers, 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 on 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 exercises control over the timely approval and availability of labor protection instructions for all types of work performed in the workshop or department under his supervision.

The list is developed on the basis of the staffing table approved at the enterprise in accordance with the "Unified Tariff and Qualification Directory of Works and Professions of Workers" and the "Qualification Guide for the 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.

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

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

New in the certification of workplaces for working conditions in 2020

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

You can understand the innovations that relate to the conduct of a comprehensive analysis after reading federal law No. 426-FZ "On a special assessment of working conditions" .

The main changes concern:

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

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

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

By whom and when is certification carried out

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

The composition is formed from the following category of specialists:

1. Specialist of the enterprise engaged in the field of labor protection.
2. Employer's representative competent in topical issues production.
3. Representatives of the trade union organization of the enterprise.
4. An authorized person of the certifying organization.

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

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

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

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

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

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

The procedure for certification of workplaces in 2020, paperwork

To carry out control actions as part of a comprehensive assessment of jobs, it will be necessary to carry out some organizational measures:

1. Create a commission for certification.
   The document defines the composition of the governing board.
2. Schedule of the event.
   Deadlines for the implementation of actions are set on the basis of a separate document signed by the head.
3. Agreement with the certification organization.
   When concluding a contract, the main rule determines the independence of the employer and the invited organization.

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

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

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

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

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

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

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

Penalties for not being certified

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

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

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

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

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

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

Who can not pass the certification of the workplace

There are few cases when a complex procedure for a comprehensive analysis of working conditions is not required. This mainly applies to small businesses.

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

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

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

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

It is not necessary to inspect every workplace.

It is only important to take into account two limitations:

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

To prevent violations in determining the scope of work, you need to confirm their number in accordance with the staffing table for the enterprise.

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

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

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

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