Law of the Russian Federation 426 of December 28. Law on special assessment of working conditions: requirements and restrictions

1. The identification of potentially harmful and (or) dangerous production factors means the comparison and establishment of a coincidence of the factors of the production environment and labor process existing in the workplace with the factors of the production environment and the labor process provided for by the classifier of harmful and (or) dangerous production factors approved by the federal body executive power, carrying out the functions of developing and implementing state policy and legal regulation in the field of labor, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations. The procedure for identifying potentially harmful and (or) dangerous production factors is established by the methodology for conducting a special assessment of working conditions, provided for in Part 3 of Article 8

2. Identification of potentially harmful and (or) dangerous production factors in the workplace is carried out by an expert from an organization conducting a special assessment of working conditions. The results of identification of potentially harmful and (or) dangerous production factors are approved by a commission formed in the manner established by Article 9 of this Federal Law.

3. When identifying potentially harmful and (or) dangerous production factors at workplaces, the following must be taken into account:

1) production equipment, materials and raw materials used by workers and which are sources of harmful and (or) hazardous production factors that are identified and, if available, in cases established by the legislation of the Russian Federation, mandatory preliminary (upon entry to work) and periodic (in during labor activity) medical examinations of employees;

2) the results of studies (tests) and measurements of harmful and (or) hazardous production factors previously conducted at these workplaces;

3) cases of industrial injuries and (or) establishment of an occupational disease that arose in connection with the exposure of an employee to harmful and (or) dangerous production factors at his workplace;

4) proposals from employees to identify potentially harmful and (or) dangerous production factors at their workplaces.

4. If harmful and (or) dangerous production factors at the workplace are not identified, the working conditions at this workplace are considered acceptable by the commission, and research (testing) and measurements of harmful and (or) dangerous production factors are not carried out.

5. If harmful and (or) dangerous production factors in the workplace are identified, the commission makes a decision to conduct research (tests) and measurements of these harmful and (or) dangerous production factors in the manner established by Article 12 of this Federal Law.

6. Identification of potentially harmful and (or) dangerous production factors is not carried out in relation to:

1) jobs of workers, professions, positions, specialties of which are included in the lists of relevant works, industries, professions, positions, specialties and institutions (organizations), taking into account which the early assignment of an old-age insurance pension is carried out;

2) workplaces in connection with the work in which employees, in accordance with legislative and other regulatory legal acts, are provided with guarantees and compensation for working under harmful and (or) dangerous working conditions;

3) workplaces where, based on the results of previously conducted certification of workplaces for working conditions or a special assessment of working conditions, harmful and (or) dangerous working conditions were established.

7. The list of harmful and (or) dangerous production factors subject to research (testing) and measurements at the workplaces specified in Part 6 of this article is determined by an expert of the organization conducting a special assessment of working conditions, based on the list of harmful and (or) dangerous production factors specified in parts 1 and 2 of Article 13 of this Federal Law.

8. An expert of an organization conducting a special assessment of working conditions, in order to determine the list specified in Part 7 of this article, can carry out:

1) study of documentation characterizing the technological process, production equipment, materials and raw materials used at the workplace, and documents regulating the duties of the employee employed at this workplace;

2) examination of the workplace;

3) familiarization with the work actually performed by the employee at the workplace;

4) other measures provided for by the procedure for identifying potentially harmful and (or) dangerous production factors, according to the methodology for conducting a special assessment of working conditions.

Judicial practice under Article 10 of the Federal Law of December 28, 2013 No. 426-FZ

Decision No. 12-254/2018 of November 23, 2018 in case No. 12-254/2018

Sovetsky District Court of Lipetsk (Lipetsk Region) - Administrative offenses

Tekhtsentravtostroy" FULL NAME5 was brought to administrative responsibility under Part 2 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation with the imposition of an administrative penalty in the form of an administrative fine in the amount of 10,000 rubles based on the fact that the director of Tekhtsentravtostroy LLC, FULL NAME5 as of DD.MM.YYYY, in violation of the norms of the current labor legislation, Art. 212 Labor Code of the Russian Federation, Federal Law No. ...

Decision No. 21-1288/2018 of November 22, 2018 in case No. 21-1288/2018

Primorsky Regional Court (Primorsky Territory) - Administrative offenses

The Law “On Special Assessment of Working Conditions” establishes transitional provisions. By virtue of Part 6 of this article, in relation to workplaces not specified in Part 6 of Article 10 of this Federal Law, a special assessment of working conditions can be carried out in stages and must be completed no later than December 31, 2018. Information on the assignment of jobs, failure to...

Decision No. 2-1676/2018 2-1676/2018~M-1794/2018 M-1794/2018 dated November 16, 2018 in case No. 2-1676/2018

Ust-Labinsky District Court (Krasnodar Territory) - Civil and administrative

With the participation of the plaintiff’s representative, acting under power of attorney No. dated August 22, 2018. Antipova T.N., representative of the defendant FKUZ MSCh-23 of the Federal Penitentiary Service of Russia, acting under power of attorney No. dated 03.10. 2018 Nikolaeva A.N., having considered in open court the civil case based on the statement of claim of Bochenin V.V. to the Federal State Healthcare Institution Medical and Sanitary Unit No. 23 and...

Decision No. 2-3768/2018 2-3768/2018~M-3202/2018 M-3202/2018 dated October 25, 2018 in case No. 2-3768/2018

Central District Court of Chita (Trans-Baikal Territory) - Civil and administrative

Federal Law No. 426-FZ dated December 28, 2013 “On the special assessment of working conditions”, a special assessment of working conditions is carried out in accordance with the methodology for its implementation. According to Art. 10 of the Federal Law of December 28, 2013 No. 426-FZ “On special assessment of working conditions”, an expert from an organization conducting a special assessment of working conditions, in order to determine the list specified in part...

Decision No. 2A-3483/2018 of October 23, 2018 in case No. 2A-3483/2018

Kirovsky District Court (City of St. Petersburg) - Civil and administrative

Thus, the procedure for conducting inspections of employers by the state labor inspectorate is regulated by Federal Law N 294-FZ to the extent not regulated by the Labor Code of the Russian Federation. Part 4 of Art. 10 of Federal Law N 294-FZ establishes that an unscheduled inspection is carried out in the form of a documentary inspection and (or) an on-site inspection. The subject of the documentary check is the information contained in the legal documents...

Decision No. 12-334/2018 of October 23, 2018 in case No. 12-334/2018

Kuibyshevsky District Court (City of St. Petersburg) - Administrative offenses

Personnel of the ANO "Medical Center Allergomed" Altynnikova S.A. to administrative liability under Part 4 of Art. 5.2 of the Code of Administrative Offenses of the Russian Federation in the form of an administrative fine in the amount of 10,000 rubles, in which she asked to declare the resolution illegal, citing the fact that for the violations specified in paragraphs 1-3, 5-9, 12-15, 17-18, 20-28 , ...

Happy New Year everyone!

The holidays are coming to an end, and soon everyone will start working again. Well, that’s right, there’s no point in relaxing. 🙂 Someone is already working, and I’m on duty at work today.

The Federal Law “On Special Assessment of Working Conditions” was adopted. This document is already in the Consultant+ database.

What new has this law brought us? I’ll try to tell you the main points with a fresh mind.

1. Special assessment of working conditions is a unified set of consistently implemented measures to identify harmful and (or) dangerous factors in the production environment and the labor process (hereinafter also referred to as harmful and (or) dangerous production factors) and assess the level of their impact on the employee, taking into account the deviation of their actual values from those established by the authorized Government of the Russian Federation, the federal executive body of standards (hygienic standards) of working conditions and the use of individual and collective protective equipment for workers (Article 3 426-FZ);
2. Based on the results of a special assessment of working conditions, classes (subclasses) of working conditions in the workplace are established (Article 3 426-FZ);
3. The employee is obliged to familiarize himself with the results of a special assessment of working conditions carried out at his workplace (Article 5 426-FZ);
4. An organization conducting a special assessment of working conditions has the right to: ... appeal, in the prescribed manner, orders of officials of the federal executive body authorized to conduct federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law norms, and its territorial bodies (Article 6 426-FZ). This point is not entirely clear;
5. Results of a special assessment of working conditions can apply... (Article 7 426-FZ). Not entirely clear moment. So after all may be applied or mandatory for use?;
6. A civil contract is concluded with the organization hired to assess working conditions (Article 8 426-FZ);
7. A special assessment of working conditions is carried out in accordance with the methodology for its implementation, approved by the federal executive body... (Article 7 426-FZ). Can 426-FZ itself be considered a methodology or will an additional document be developed?;
8. A special assessment of working conditions in the workplace is carried out at least once every five years, unless otherwise provided by this Federal Law. The specified period is calculated from the date of approval of the report on the special assessment of working conditions (Article 7 426-FZ);
9. The number of members of the commission for organizing and conducting a special assessment of working conditions must be odd (Article 8 426-FZ);
10. There is no requirement to include a representative from the involved organization in the commission;
11. Similar jobs workplaces are recognized that are located in one or more of the same type of production premises (production areas), equipped with the same (same type) ventilation, air conditioning, heating and lighting systems, in which employees work in the same profession, position, specialty, carry out the same labor functions in the same working hours when conducting the same type of technological process using the same production equipment, tools, devices, materials and raw materials and are provided with the same personal protective equipment (Article 9 426-FZ);
12. Article 10 introduces the concept of “identification of potentially harmful and (or) dangerous production factors.” The procedure for identifying potentially harmful and (or) dangerous production factors is also established by the methodology;
13. Identification of potentially harmful and (or) dangerous production factors in the workplace is carried out by an expert from an organization conducting a special assessment of working conditions (Article 10 426-FZ);
14. If harmful and (or) dangerous production factors at the workplace are not identified, the working conditions at this workplace are recognized by the commission as acceptable, and research (tests) and measurements of harmful and (or) dangerous production factors are not carried out (Article 10 426 -FZ).P Does the employer then have to pay the involved organization to carry out the identification of these workplaces? :);
15. If harmful and (or) dangerous production factors in the workplace are identified, the commission makes a decision to conduct research (tests) and measurements of these harmful and (or) dangerous production factors (Article 10 426-FZ)
16. According to Art. 10 identification is not carried out in relation to the following workplaces:
  - if the workplaces, based on the results of the previous certification of workplaces, were recognized as harmful and (or) dangerous;
  - if workers at these workplaces are already provided with compensation in accordance with the law;
  - if employees at these workplaces are granted an early retirement pension;
17. In relation to workplaces where harmful and (or) hazardous production factors have not been identified based on the results of identification, the employer submits to the Labor Inspectorate a declaration of compliance of working conditions with state regulatory labor protection requirements. The form and procedure for filing the declaration will be established additionally (Article 11 426-FZ);
18. The declaration is valid for 5 years from the date of approval of the report on the special assessment of working conditions (Article 11 426-FZ);

If an accident occurs to an employee whose workplace is included in the declaration, or he is diagnosed with an occupational disease, the declaration in relation to this workplace is terminated and the workplace is subject to an unscheduled special assessment of working conditions (Article 11 426-FZ);
Upon expiration of the declaration, if no accident occurred with the employees at these workplaces and they were not diagnosed with occupational diseases - the declaration period is extended for the next 5 years(Article 11 426-FZ);
As the results of measurements (research), the results of measurements (research) within the framework of production control can be used, but not earlier than 6 months before the start of a special assessment of working conditions (Article 12 426-FZ);
Article 14 establishes 4 classes of working conditions;
If an employee uses effective personal protective equipment, the class (subclass) of working conditions can be reduced by no more than one degree (Article 14 426-FZ);
According to Article 15, the report provided by the organization conducting a special assessment of working conditions includes (among other documents) a list of measures to improve the working conditions and safety of workers at whose workplaces a special assessment of working conditions was carried out;
The employer organizes familiarization of employees with the results of a special assessment of working conditions within 30 calendar days from the date of approval of the report (Article 15 426-FZ);
An unscheduled special assessment of working conditions is carried out (in addition to other reasons specified in Article 17) in the event of an accident with an employee or an occupational disease is detected (Article 17 426-FZ);
Data on the special assessment of working conditions will be stored in Federal State Information System for recording the results of a special assessment of working conditions. Information is submitted there by an organization hired by the employer to conduct a special assessment (Article 18 426-FZ);
To check the quality of a special assessment of working conditions, an examination can be carried out at the expense of the applicant (Article 24 426-FZ);
When, If before the date of entry into force of this Federal Law in relation to workplaces workplace certification was carried out according to working conditions, special assessment of working conditions regarding such jobs may not be carried out within five years from the date of completion of this certification(Article 27 426-FZ)

Here are the main points of the new Federal Law “On Special Assessment of Working Conditions”. I commented on the nuances that were incomprehensible to me specifically throughout the text. The document itself can be downloaded from any information database (Consultant+, Guarantor, etc.).

Naturally, from the moment this Law comes into force, changes to other regulatory legal acts of the Russian Federation also come into force ( Federal Law No. 421-FZ of December 28, 2013 ). But more about this in another article.

Article 1. Subject of regulation of this Federal Law

1. The subject of regulation of this Federal Law is relations arising in connection with the conduct of a special assessment of working conditions, as well as with the implementation of the employer’s obligation to ensure the safety of workers in the course of their work activities and the rights of workers to workplaces that comply with state regulatory labor protection requirements.

2. This Federal Law establishes the legal and organizational basis and procedure for conducting a special assessment of working conditions, determines the legal status, rights, obligations and responsibilities of participants in a special assessment of working conditions.

Article 2. Regulation of special assessment of working conditions

1. Regulation of the special assessment of working conditions is carried out by the Labor Code of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.

2. The standards governing the special assessment of working conditions and contained in federal laws and other regulatory legal acts of the Russian Federation must comply with the norms of the Labor Code of the Russian Federation and this Federal Law.

3. If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, the rules of the international treaty apply.

Article 3. Special assessment of working conditions

1. A special assessment of working conditions is a single set of consistently implemented measures to identify harmful and (or) dangerous factors in the working environment and the labor process (hereinafter also referred to as harmful and (or) dangerous production factors) and assessing the level of their impact on the employee, taking into account their deviation actual values from the standards (hygienic standards) established by the federal executive body authorized by the Government of the Russian Federation for working conditions and the use of individual and collective protective equipment for workers.

2. Based on the results of a special assessment of working conditions, classes (subclasses) of working conditions in the workplace are established.

3. A special assessment of working conditions is not carried out in relation to the working conditions of homeworkers, remote workers and workers who have entered into labor relations with employers - individuals who are not individual entrepreneurs.

4. Conducting a special assessment of working conditions in relation to the working conditions of state civil servants and municipal employees is regulated by federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation on the state civil service and on the municipal service.

Article 4. Rights and obligations of the employer in connection with conducting a special assessment of working conditions

1. The employer has the right:

1) require the organization conducting a special assessment of working conditions to justify the results of its conduct;

2) conduct an unscheduled special assessment of working conditions in the manner established by this Federal Law;

3) demand from the organization conducting a special assessment of working conditions documents confirming its compliance with the requirements established by this Federal Law;

4) appeal, in the manner established by this Federal Law, the actions (inaction) of the organization conducting a special assessment of working conditions.

2. The employer is obliged:

1) ensure the conduct of a special assessment of working conditions, including an unscheduled special assessment of working conditions, in cases established by this Federal Law;

2) provide the organization conducting a special assessment of working conditions with the necessary information, documents and information that are provided for by the civil contract specified in this Federal Law, and which characterize working conditions in the workplace, as well as explanations on the issues of conducting a special assessment of working conditions ;

3) not to take any deliberate actions aimed at narrowing the range of issues to be clarified during a special assessment of working conditions and affecting the results of its implementation;

4) inform the employee in writing of the results of a special assessment of working conditions at his workplace;

5) give the employee the necessary explanations on the issues of conducting a special assessment of working conditions at his workplace;

6) implement measures aimed at improving the working conditions of employees, taking into account the results of a special assessment of working conditions.

Article 5. Rights and obligations of an employee in connection with a special assessment of working conditions

1. The employee has the right:

1) be present during a special assessment of working conditions at his workplace;

2) contact the employer, his representative, the organization conducting a special assessment of working conditions, an expert of the organization conducting a special assessment of working conditions (hereinafter also referred to as the expert), for clarification on the issues of conducting a special assessment of working conditions at his workplace;

3) appeal the results of a special assessment of working conditions at his workplace in accordance with this Federal Law.

2. The employee is obliged to familiarize himself with the results of a special assessment of working conditions carried out at his workplace.

Article 6. Rights and obligations of the organization conducting a special assessment of working conditions

1. The organization conducting a special assessment of working conditions has the right:

1) refuse, in the manner established by this Federal Law, from conducting a special assessment of working conditions if during its conduct a threat has arisen or may arise to the life or health of employees of such an organization;

2) appeal in the prescribed manner the orders of officials of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, and its territorial bodies.

2. The organization conducting a special assessment of working conditions is obliged to:

1) provide, at the request of the employer, a representative of the elected body of the primary trade union organization or other representative body of workers, justification for the results of a special assessment of working conditions, as well as provide explanations to employees on the issues of conducting a special assessment of working conditions at their workplaces;

2) provide, at the request of the employer, documents confirming the compliance of this organization with the requirements established by this Federal Law;

3) apply approved and certified in the manner established by the legislation of the Russian Federation on ensuring the uniformity of measurements, research methods (tests) and measurement techniques (methods) and the corresponding measuring instruments, verified and included in the Federal Information Fund for ensuring the uniformity of measurements;

4) not to begin conducting a special assessment of working conditions or to suspend its implementation in the following cases:

a) failure by the employer to provide the necessary information, documents and information that are provided for by the civil contract specified in this Federal Law and that characterize working conditions in the workplace, as well as explanations on the issues of conducting a special assessment of working conditions;

b) the employer’s refusal to provide the conditions necessary for conducting research (tests) and measurements of identified harmful and (or) hazardous production factors, in accordance with the civil contract specified in this Federal Law;

5) keep commercial and other secrets protected by law that have become known to this organization in connection with the implementation of activities in accordance with this Federal Law.

Article 7. Application of the results of a special assessment of working conditions

The results of a special assessment of working conditions can be used for:

1) development and implementation of measures aimed at improving the working conditions of workers;

2) informing employees about working conditions in the workplace, about the existing risk of damage to their health, about measures to protect against the effects of harmful and (or) hazardous production factors and about the benefits to employees engaged in work with harmful and (or) dangerous working conditions, guarantees and compensations;

3) providing workers with personal protective equipment, as well as equipping workplaces with collective protective equipment;

4) monitoring the state of working conditions in the workplace;

5) organizing, in cases established by the legislation of the Russian Federation, mandatory preliminary (upon entry to work) and periodic (during employment) medical examinations of employees;

6) establishing guarantees and compensations for employees provided for by the Labor Code of the Russian Federation;

7) establishing an additional tariff for insurance contributions to the Pension Fund of the Russian Federation, taking into account the class (subclass) of working conditions in the workplace;

8) calculation of discounts (surcharges) to the insurance tariff for compulsory social insurance against industrial accidents and occupational diseases;

9) justification for financing measures to improve working conditions and safety, including through funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases;

10) preparation of statistical reports on working conditions;

11) resolving the issue of the connection between diseases that have arisen in workers and the impact on workers at their workplaces of harmful and (or) dangerous production factors, as well as investigations of industrial accidents and occupational diseases;

12) consideration and settlement of disagreements related to ensuring safe working conditions between employees and the employer and (or) their representatives;

13) determination, in cases established by federal laws and other regulatory legal acts of the Russian Federation, and taking into account state regulatory requirements for labor protection, types of sanitary services and medical support for workers, their volume and conditions for their provision;

14) making a decision to establish restrictions provided for by labor legislation for certain categories of workers;

15) assessment of levels of professional risks;

16) other purposes provided for by federal laws and other regulatory legal acts of the Russian Federation.

Chapter 2. PROCEDURE FOR CONDUCTING A SPECIAL ASSESSMENT

WORKING CONDITIONS

Article 8. Organization of a special assessment of working conditions

1. Responsibilities for organizing and financing a special assessment of working conditions rest with the employer.

2. A special assessment of working conditions is carried out jointly by the employer and the organization or organizations that meet the requirements of this Federal Law and are involved by the employer on the basis of a civil law contract.

3. A special assessment of working conditions is carried out in accordance with the methodology for its implementation, approved by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of labor, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

4. A special assessment of working conditions in the workplace is carried out at least once every five years, unless otherwise established by this Federal Law. The specified period is calculated from the date of approval of the report on the special assessment of working conditions.

5. In the case of a special assessment of working conditions in relation to the working conditions of employees admitted to information classified as state or other secrets protected by law, it is carried out taking into account the requirements of the legislation of the Russian Federation on state and other secrets protected by law.

Article 9. Preparation for a special assessment of working conditions

1. To organize and conduct a special assessment of working conditions, the employer forms a commission to conduct a special assessment of working conditions (hereinafter referred to as the commission), the number of members of which must be odd, and a schedule for conducting a special assessment of working conditions is approved.

2. The commission includes representatives of the employer, including a labor protection specialist, representatives of the elected body of the primary trade union organization or other representative body of workers (if any). The composition and procedure for the activities of the commission are approved by order (instruction) of the employer in accordance with the requirements of this Federal Law.

3. When conducting a special assessment of working conditions at an employer classified as a small business in accordance with the legislation of the Russian Federation, the commission includes the employer - an individual entrepreneur (in person), the head of the organization, other authorized representatives of the employer, including a labor protection specialist or a representative of an organization or a specialist engaged by the employer under a civil contract to perform the functions of the labor protection service (labor safety specialist), representatives of the elected body of the primary trade union organization or other representative body of workers (if any).

4. The commission is headed by the employer or his representative.

5. Before the start of work on conducting a special assessment of working conditions, the commission approves a list of workplaces at which a special assessment of working conditions will be carried out, indicating similar workplaces.

6. For the purposes of this Federal Law, similar workplaces are workplaces that are located in one or more of the same type of production premises (production areas), equipped with the same (same type) ventilation, air conditioning, heating and lighting systems, in which workers work one and the same the same profession, position, specialty, perform the same labor functions in the same working hours while conducting the same type of technological process using the same production equipment, tools, devices, materials and raw materials and are provided with the same personal protective equipment.

Note.

In relation to the jobs specified in , a special assessment of working conditions is carried out in the general manner provided for by this Federal Law, until the federal executive body authorized by the Government of the Russian Federation establishes the specifics of conducting a special assessment of working conditions at such workplaces ( of this document).

7. In relation to workplaces in organizations carrying out certain types of activities, as well as in the event that the performance of work to conduct a special assessment of working conditions creates or may create a threat to the life or health of the employee, commission members, and other persons, a special assessment of working conditions is carried out with taking into account the specifics established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of labor, in agreement with the federal executive body exercising the functions of developing state policy and legal regulation in the relevant field of activity, State Atomic Energy Corporation "Rosatom" and taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations. The list of workplaces in organizations carrying out certain types of activities, in respect of which a special assessment of working conditions is carried out taking into account the specifics established by the federal executive body authorized by the Government of the Russian Federation (including, if necessary, the assessment of the injury hazard of workplaces), is approved by the Government of the Russian Federation, taking into account the opinion Russian tripartite commission for regulation of social and labor relations.

Article 10. Identification of potentially harmful and (or) dangerous production factors

3. When identifying potentially harmful and (or) dangerous production factors at workplaces, the following must be taken into account:

1) production equipment, materials and raw materials used by workers and which are sources of harmful and (or) hazardous production factors that are identified and, if available, in cases established by the legislation of the Russian Federation, mandatory preliminary (upon entry to work) and periodic (in during labor activity) medical examinations of employees;

2) the results of studies (tests) and measurements of harmful and (or) hazardous production factors previously conducted at these workplaces;

3) cases of industrial injuries and (or) establishment of an occupational disease that arose in connection with the exposure of an employee to harmful and (or) dangerous production factors at his workplace;

4) proposals from employees to identify potentially harmful and (or) dangerous production factors at their workplaces.

Note.

For jobs not listed in , a special assessment of working conditions can be carried out in stages and must be completed no later than December 31, 2018 ( of this document).

6. Identification of potentially harmful and (or) dangerous production factors is not carried out in relation to:

1) workplaces of workers, professions, positions, specialties of which are included in the lists of relevant works, industries, professions, positions, specialties and institutions (organizations), taking into account which the early assignment of an old-age labor pension is carried out;

2) workplaces in connection with the work in which employees, in accordance with legislative and other regulatory legal acts, are provided with guarantees and compensation for working under harmful and (or) dangerous working conditions;

3) workplaces where, based on the results of previously conducted certification of workplaces for working conditions or a special assessment of working conditions, harmful and (or) dangerous working conditions were established.

7. The list of harmful and (or) hazardous production factors subject to research (testing) and measurements at the workplaces specified in this article is determined by an expert of the organization conducting a special assessment of working conditions, based on the list of harmful and (or) dangerous production factors specified in parts of this Federal Law.

Article 11. Declaration of compliance of working conditions with state regulatory requirements for labor protection

1. In relation to workplaces where harmful and (or) hazardous production factors have not been identified based on the results of identification, the employer submits to the territorial body of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts, containing labor law standards, at the place of its location, a declaration of compliance of working conditions with state regulatory labor protection requirements.

2. The form and procedure for submitting a declaration of compliance of working conditions with state regulatory requirements for labor protection are established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of labor.

3. The federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms shall ensure the formation and maintenance of a register of declarations of compliance of working conditions with state regulatory labor protection requirements in the manner established by the federal executive body , carrying out the functions of developing and implementing state policy and legal regulation in the field of labor.

4. The declaration of compliance of working conditions with state regulatory labor protection requirements is valid for five years. The specified period is calculated from the date of approval of the report on the special assessment of working conditions.

5. If, during the period of validity of the declaration of compliance of working conditions with state regulatory labor protection requirements, an industrial accident occurs with an employee employed at the workplace in respect of which this declaration was adopted (except for an industrial accident that occurred due to the fault of third parties) persons) or has been diagnosed with an occupational disease, the cause of which was the employee’s exposure to harmful and (or) dangerous production factors, in relation to such workplace this declaration is terminated and an unscheduled special assessment of working conditions is carried out.

6. The decision to terminate the declaration of compliance of working conditions with state regulatory labor protection requirements is made by the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, about which no later than within ten calendar days from the date of occurrence of the circumstances specified in this article, a corresponding entry is made in the register of declarations of compliance of working conditions with state regulatory labor protection requirements.

7. Upon expiration of the declaration of compliance of working conditions with state regulatory labor protection requirements and in the absence of the circumstances specified in this article during its validity, the validity of this declaration is considered extended for the next five years.

Article 12. Research (testing) and measurement of harmful and (or) hazardous production factors

1. All harmful and (or) dangerous production factors that are identified in the manner established by this Federal Law are subject to research (testing) and measurements.

2. The list of harmful and (or) dangerous production factors subject to research (testing) and measurements is compiled by the commission based on state regulatory requirements for labor protection, characteristics of the technological process and production equipment, materials and raw materials used, results of previously conducted research (tests) and measurements of harmful and (or) dangerous production factors, as well as based on suggestions from employees.

3. Research (testing) and measurements of actual values of harmful and (or) hazardous production factors are carried out by a testing laboratory (center), experts and other employees of the organization conducting a special assessment of working conditions.

4. When conducting research (tests) and measurements of harmful and (or) hazardous production factors, research (test) methods and measurement techniques (methods) and corresponding means must be used, approved and certified in the manner established by the legislation of the Russian Federation on ensuring the uniformity of measurements measurements that have been verified and entered into the Federal Information Fund for Ensuring the Uniformity of Measurements.

5. Research (test) methods and techniques, methods for measuring harmful and (or) hazardous production factors, the composition of experts and other workers conducting these studies (tests) and measurements are determined independently by the organization conducting the special assessment of working conditions.

6. The results of studies (tests) and measurements of harmful and (or) dangerous production factors are documented in protocols for each of these harmful and (or) dangerous production factors subjected to research (tests) and measurements.

7. As the results of research (tests) and measurements of harmful and (or) hazardous production factors, the results of research (tests) and measurements of harmful and (or) hazardous production factors carried out by a testing laboratory (center) accredited in accordance with the legislation of the Russian Federation can be used ) when carrying out production control over working conditions organized in the established manner at workplaces, but not earlier than six months before conducting a special assessment of working conditions. The decision on the possibility of using these results when conducting a special assessment of working conditions is made by a commission on the recommendation of an expert from the organization conducting the special assessment of working conditions.

8. Based on the results of research (tests) and measurements of harmful and (or) dangerous production factors, an expert from an organization conducting a special assessment of working conditions classifies working conditions in workplaces according to the degree of harmfulness and (or) danger to classes (subclasses) of working conditions .

9. The commission has the right to decide on the impossibility of conducting research (tests) and measurements of harmful and (or) hazardous production factors in the event that carrying out these studies (tests) and measurements at workplaces may pose a threat to the lives of workers, experts and (or) other employees of the organization conducting a special assessment of working conditions, as well as other persons. Working conditions in such workplaces belong to the dangerous class of working conditions without conducting appropriate research (tests) and measurements.

10. The decision on the impossibility of conducting research (tests) and measurements on the basis specified in this article is documented in a commission protocol containing the rationale for making this decision and being an integral part of the report on the special assessment of working conditions.

11. The employer, within ten working days from the date of adoption of the decision specified in this article, sends to the territorial body of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms at the place its location, a copy of the commission protocol containing this decision.

Article 13. Harmful and (or) dangerous factors of the working environment and the labor process, subject to research (testing) and measurement during a special assessment of working conditions

1. In order to conduct a special assessment of working conditions, the following harmful and (or) dangerous factors of the working environment are subject to research (testing) and measurement:

1) physical factors - aerosols of predominantly fibrogenic action, noise, infrasound, air ultrasound, general and local vibration, non-ionizing radiation (electrostatic field, constant magnetic field, including hypogeomagnetic, electric and magnetic fields of industrial frequency (50 Hertz), alternating electromagnetic fields, including the radio frequency range and optical range (laser and ultraviolet), ionizing radiation, microclimate parameters (air temperature, relative humidity, air speed, infrared radiation), parameters of the light environment (artificial lighting (illumination) of the working surface);

2) chemical factors - chemical substances and mixtures measured in the air of the working area and on the skin of workers, including some substances of biological nature (antibiotics, vitamins, hormones, enzymes, protein preparations), which are obtained by chemical synthesis and (or) for control of the content of which uses chemical analysis methods;

3) biological factors - producing microorganisms, living cells and spores contained in bacterial preparations, pathogenic microorganisms - causative agents of infectious diseases.

2. In order to conduct a special assessment of working conditions, the following harmful and (or) dangerous factors of the labor process are subject to research (testing) and measurement:

1) the severity of the labor process - indicators of physical stress on the musculoskeletal system and on the functional systems of the worker’s body;

2) the intensity of the labor process - indicators of sensory load on the central nervous system and sensory organs of the employee.

3. The testing laboratory (center) conducts research (tests) and measurements of the following harmful and (or) dangerous factors in the production environment and the labor process:

1) air temperature;

2) relative air humidity;

3) air speed;

4) intensity and exposure dose of infrared radiation;

7) the intensity of the alternating electric field of electromagnetic radiation in the radio frequency range;

8) the strength of the alternating magnetic field of electromagnetic radiation in the radio frequency range;

10) intensity of ultraviolet radiation sources in the wavelength range 200 - 400 nanometers;

11) energy illumination in the wavelength ranges UV-A (= 400 - 315 nanometers), UV-B (= 315 - 280 nanometers), UV-C (= 280 - 200 nanometers);

12) energy exposure of laser radiation;

13) ambient dose equivalent rate of gamma radiation, X-ray and neutron radiation;

14) radioactive contamination of production premises, elements of production equipment, personal protective equipment and the skin of workers;

15) sound level;

16) general infrasound sound pressure level;

17) air ultrasound;

18) general and local vibration;

19) illumination of the working surface;

20) the concentration of harmful chemical substances, including substances of biological nature (antibiotics, vitamins, hormones, enzymes, protein preparations), which are obtained by chemical synthesis and (or) to control the content of which chemical analysis methods are used, as well as the concentration of mixtures of such substances in in the air of the working area and on the skin of workers (in accordance with the scope of accreditation of the testing laboratory (center);

21) mass concentration of aerosols in the air of the working area;

22) the severity of the labor process (the length of the path of movement of the load, muscle effort, the mass of the goods being moved, the angle of inclination of the worker’s body and the number of inclinations per working day (shift), the time of holding the load, the number of stereotypical work movements);

a) consists of dispatching production processes, driving vehicles (duration of concentrated observation, density of signals (light, sound) and messages per unit of time, number of production objects of simultaneous observation, load on the auditory analyzer, time of active monitoring of the progress of the production process);

b) consists of servicing conveyor-type production processes (the duration of a single operation, the number of elements (techniques) necessary to implement a single operation);

c) is associated with long-term work with optical instruments;

24) biological factors (in accordance with the scope of accreditation of the testing laboratory (center).

4. For certain types of work, professions, positions, specialties, the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of labor, together with the federal executive body exercising the functions of developing state policy and regulatory legal regulation in the relevant field of activity, the State Atomic Energy Corporation "Rosatom" in agreement with the federal executive body exercising the functions of organizing and implementing federal state sanitary and epidemiological supervision, and taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations may an additional list of harmful and (or) dangerous factors in the working environment and the labor process, subject to research (testing) and measurement during a special assessment of working conditions, is established.

Article 14. Classification of working conditions

1. Working conditions according to the degree of harmfulness and (or) danger are divided into four classes - optimal, acceptable, harmful and dangerous working conditions.

2. Optimal working conditions (class 1) are working conditions under which there is no exposure to harmful and (or) hazardous production factors on the employee or the levels of exposure of which do not exceed the levels established by standards (hygienic standards) of working conditions and accepted as safe for humans , and the prerequisites are created to maintain a high level of employee performance.

3. Acceptable working conditions (class 2) are working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure of which do not exceed the levels established by the standards (hygienic standards) of working conditions, and the altered functional state of the employee’s body is restored during a regulated rest or at the beginning of the next working day (shift).

4. Harmful working conditions (class 3) are working conditions under which the levels of exposure to harmful and (or) hazardous production factors exceed the levels established by the standards (hygienic standards) of working conditions, including:

1) subclass 3.1 (harmful working conditions of the 1st degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, after exposure to which the altered functional state of the employee’s body is restored, as a rule, in a longer period than before the next working day (shift), the cessation of exposure to these factors, and the risk of health damage increases;

2) subclass 3.2 (harmful working conditions of the 2nd degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure of which can cause persistent functional changes in the employee’s body, leading to the appearance and development of initial forms of occupational diseases or occupational diseases of mild severity (without loss of professional ability) arising after prolonged exposure (fifteen years or more);

3) subclass 3.3 (harmful working conditions of the 3rd degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure of which can cause persistent functional changes in the employee’s body, leading to the appearance and development of occupational diseases of mild and moderate severity (with loss of professional ability to work) during the period of working activity;

4) subclass 3.4 (harmful working conditions of the 4th degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure of which can lead to the emergence and development of severe forms of occupational diseases (with loss of general working capacity) during the period labor activity.

5. Hazardous working conditions (class 4) are working conditions in which the employee is exposed to harmful and (or) hazardous production factors, the levels of exposure to which during the entire working day (shift) or part of it can create a threat to the life of the employee, and the consequences of exposure These factors cause a high risk of developing an acute occupational disease during work.

6. If workers employed in workplaces with hazardous working conditions use effective personal protective equipment that has undergone mandatory certification in the manner established by the relevant technical regulations, the class (subclass) of working conditions may be reduced by the commission on the basis of the expert opinion of the organization conducting the special assessment of working conditions, one degree in accordance with the methodology approved by the federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the field of labor, in agreement with the federal executive body, carrying out the functions of organizing and implementing the federal state sanitary and epidemiological supervision, and taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

7. In agreement with the territorial body of the federal executive body exercising the functions of organizing and implementing federal state sanitary and epidemiological supervision, at the location of the relevant workplaces, it is allowed to reduce the class (subclass) of working conditions by more than one degree in accordance with the methodology specified in this article.

8. With regard to workplaces in organizations carrying out certain types of activities, a reduction in the class (subclass) of working conditions can be carried out in accordance with industry specifics approved by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field labor, in agreement with the federal executive body exercising the functions of organizing and implementing federal state sanitary and epidemiological supervision, and taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

9. The criteria for classifying working conditions in the workplace are established by the methodology for conducting a special assessment of working conditions provided for by this Federal Law.

Article 15. Results of a special assessment of working conditions

1. The organization conducting a special assessment of working conditions draws up a report on its implementation, which includes the following results of the special assessment of working conditions:

1) information about the organization conducting a special assessment of working conditions, accompanied by copies of documents confirming its compliance with the requirements established by this Federal Law;

2) a list of workplaces where a special assessment of working conditions was carried out, indicating harmful and (or) hazardous production factors that were identified at these workplaces;

3) cards for special assessment of working conditions, containing information about the class (subclass) of working conditions at specific workplaces established by the expert of the organization conducting the special assessment of working conditions;

4) protocols for conducting research (tests) and measuring identified harmful and (or) hazardous production factors;

5) protocols for assessing the effectiveness of personal protective equipment;

6) protocol of the commission containing a decision on the impossibility of conducting research (tests) and measurements on the basis specified in this Federal Law (if such a decision exists);

7) summary sheet of special assessment of working conditions;

8) a list of measures to improve the working conditions and safety of workers at whose workplaces a special assessment of working conditions was carried out;

9) conclusions of an expert from an organization conducting a special assessment of working conditions.

2. The report on the special assessment of working conditions is signed by all members of the commission and approved by the chairman of the commission. A member of the commission who does not agree with the results of a special assessment of working conditions has the right to express in writing a reasoned dissenting opinion, which is attached to this report.

3. The form of the report on the special assessment of working conditions and instructions for filling it out are approved by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of labor.

4. In relation to workplaces where harmful and (or) hazardous production factors have not been identified, the report on the special assessment of working conditions shall indicate the information provided for in paragraphs , and of this article.

5. The employer organizes familiarization of employees with the results of a special assessment of working conditions at their workplaces against signature within no later than thirty calendar days from the date of approval of the report on the special assessment of working conditions. The specified period does not include periods of temporary incapacity for work of the employee, being on vacation or a business trip, or periods of rest between shifts.

6. The employer, taking into account the requirements of the legislation of the Russian Federation on personal data and the legislation of the Russian Federation on state and other secrets protected by law, organizes the posting on its official website on the information and telecommunications network "Internet" (if such a website exists) of summary data on the results of the special assessment of working conditions in terms of establishing classes (subclasses) of working conditions at workplaces and a list of measures to improve the working conditions and safety of workers at whose workplaces a special assessment of working conditions was carried out, no later than thirty calendar days from the date of approval of the report on conducting a special assessment of working conditions.

Article 16. Features of conducting a special assessment of working conditions at individual workplaces

1. When similar workplaces are identified, a special assessment of working conditions is carried out in relation to 20 percent of workplaces from the total number of such workplaces (but not less than two workplaces) and its results are applied to all similar workplaces.

2. For similar workplaces, one special assessment card of working conditions is filled out.

3. For similar workplaces, a unified list of measures is being developed to improve the working conditions and safety of workers.

4. A special assessment of working conditions in workplaces with geographically varying work areas, where the working area is considered to be a part of the workplace equipped with the necessary means of production, in which one employee or several employees perform similar work or technological operations, is carried out by preliminary determination of typical technological operations characterized by the presence of identical harmful and (or) dangerous production factors, and subsequent assessment of the impact on workers of these factors when performing such work or operations. The time for performing each technological operation is determined by an expert of the organization conducting a special assessment of working conditions, based on local regulations, by interviewing workers and their immediate supervisors, as well as by timekeeping.

5. If, during a special assessment of working conditions, at least one workplace is identified that does not meet the criteria of similarity established by this Federal Law from among the workplaces previously recognized as similar, a special assessment of working conditions is carried out at all workplaces previously recognized as similar .

Article 17. Conducting an unscheduled special assessment of working conditions

1. An unscheduled special assessment of working conditions should be carried out in the following cases:

1) commissioning of newly organized workplaces;

2) the employer receives an order from the state labor inspector to conduct an unscheduled special assessment of working conditions in connection with violations of the requirements of this Federal Law identified during federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law standards;

3) changes in the technological process, replacement of production equipment, which can influence the level of exposure to harmful and (or) hazardous production factors on workers;

4) changes in the composition of materials and (or) raw materials used that can influence the level of exposure to harmful and (or) hazardous production factors on workers;

5) changes in the personal and collective protective equipment used, which can affect the level of exposure to harmful and (or) hazardous production factors on workers;

6) an industrial accident that occurred at the workplace (except for an industrial accident that occurred due to the fault of third parties) or an identified occupational disease, the causes of which were the employee’s exposure to harmful and (or) dangerous production factors;

7) the presence of motivated proposals from elected bodies of primary trade union organizations or another representative body of workers to conduct an unscheduled special assessment of working conditions.

2. An unscheduled special assessment of working conditions is carried out at the relevant workplaces within six months from the date of occurrence of the cases specified in this article.

"On special assessment of working conditions." In accordance with the new law, a complete replacement of the workplace certification procedure with a special assessment of working conditions is provided. Conducting a specific assessment is the responsibility of all employers.

Let's figure out what this means for businesses? What should you do if you need to conduct a special assessment of working conditions? And How can conducting a special labor assessment be beneficial for an enterprise?

Initially, it should be noted that the special assessment replaced the certification of jobs, which was enshrined in Article 212 of the Labor Code. The new federal law No. 426-FZ introduced changes to a number of other legislative acts, including the labor code and the administrative code. According to Federal Law 426: “a special assessment is a single set of consistently implemented measures to identify harmful and (or) hazardous production factors and assess the level of their impact on the employee. Based on the results of the special assessment, classes and subclasses of working conditions in the workplace are established.”

Legislators stipulated who should conduct a special assessment and how, how it is necessary to determine the list of jobs subject to a special assessment, the frequency of the assessment, and determined the results of the special assessment of jobs.

To replace today's sanctions in the future, other sanctions will be established by law, provided for by draft Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation, which will come into force in 2015. The fine will be for officials and individual entrepreneurs from 5,000 to 10,000 rubles, and for legal entities - from 60,000 to 80,000 rubles. But there can also be financial benefits from conducting a special assessment! So, based on the results of a special assessment, a discount on Social Insurance contributions is calculated. In addition, when conducting a special assessment, it is possible to waive the maximum additional contribution to the pension fund in the amount of 6%. If there is no assessment, you will have to pay the maximum.

Let's look at how you can implement the requirements of Federal Law No. 426 using the example of using the "Labor Safety" program for 1C Enterprise.

At the first stage, it is necessary to create a list of jobs subject to special assessment. Article 4 paragraph 2 §2 obliges the employer to provide the necessary information, documents and information that characterize working conditions in the workplace, as well as explanations on the issues of conducting a special assessment of working conditions.

When preparing information on workplaces, it should be taken into account that several workers can work at one workplace at one machine, and one employee can use several pieces of equipment in their work.

To compile a list of jobs in the Occupational Safety and Health program, you must use one of 3 methods: create a list of jobs according to the staffing table, according to the list of capital equipment, or add a list of jobs to the list.

The program will automatically assign a workplace number, associate equipment and staffing positions to the workplace, and immediately establish for this workplace a list of harmful factors characteristic of the equipment used at the workplace.

The created list of jobs can be adjusted taking into account the requirements of the law and it is possible to both add and exclude jobs from the list that should not participate in the special assessment.

In accordance with the position of legislators, office workplaces are also the subject of a special assessment, and accordingly, all such places must be taken into account in the list. Additionally, for each workplace it is necessary to indicate the equipment used in the technological process, the materials used, and create a description of the workplace.

To simplify work with identical workplaces, Article 9, paragraph 6, 426-FZ provides for the concept of similar workplaces. “Workplaces that are located in one or more similar production premises, equipped with the same ventilation, air conditioning, heating and lighting systems, in which workers work in the same profession, position, specialty, perform the same labor functions in the same working hours when conducting the same type of technological process using the same production equipment, tools, devices, materials and raw materials and are provided with the same personal protective equipment.”

You need to secure a list of similar jobs on the “Similar” tab in the “Workplaces” directory. At the same time, for similar workplaces the same list of harmful factors, the same set of instructions and personal protective equipment will be used.

Preliminary preparation of a list of workplaces allows you to collect all the necessary information for conducting a special assessment and transmit information to experts to identify harmful factors. All information about the workplace is entered into the workplace passport.

In the second chapter, the federal law on special assessment defines the procedure for conducting a special assessment. First, the manager needs to make an administrative document in which to create a commission to conduct a special assessment. The commission is created with the participation of a representative of the employer, a manager, a labor protection specialist and a representative of the trade union body. It is advisable to include representatives of the created commission in the directory of responsible persons. The chairman of the commission, who is also the head of the organization, will be used to substitute the program in printed forms.

To create the necessary instructions, the program provides a special document “Start of a special assessment”. Which allows you to determine the members of the commission, the list of jobs for the next or extraordinary special assessment and the work plan of the commission.

Much attention in the text of the law is given to the procedure for conducting a special assessment. It is provided that the commission identifies potentially harmful and (or) dangerous production factors, Article 10.

If harmful or dangerous production factors at the workplace are not identified, the working conditions at this workplace are considered acceptable by the commission, and research and measurements of harmful and dangerous production factors are not carried out.

If harmful or dangerous production factors in the workplace are identified, the commission decides to conduct research and measurements of these harmful or dangerous production factors. Measurements must be carried out by the organization conducting the special assessment. Chapter 3 of the law pays great attention to the requirements for such organizations.

The list of harmful substances that may be present in the technological process was previously provided for in Resolution No. 76 GN 2.2.5.1313-03 of April 30, 2003 and in Resolution No. 10 Hygienic Standards GN 2.2.6.2178-07 of March 6, 2007. In the program, this list is already present in the reference book, which makes the work easier.

In accordance with Order 426-FZ, the hazard class is established in the Occupational Safety and Health program.

The measurement results must be reflected in the special assessment report. The form of the report has not yet been determined, but this is not essential. It is important to familiarize the employee with the results of the special assessment. And if there is a website, then publication of the results on the website is provided.

The frequency of special assessment is once every 5 years. However, there may be a need to conduct an unscheduled special assessment if there have been changes in the equipment of the workplace, the results of the special assessment have been disputed, injuries or accidents have occurred at work and in a number of other cases. In any of these cases, you will again need to use the help of the Occupational Safety and Health program and seek the services of a specialized organization.

Labor conditions are the most important principle of the functioning of any enterprise. This article will describe the procedure for carrying out control and assessment work at industrial facilities.

Special assessment of working conditions: what is it?

Assessment of working conditions is a set of special measures aimed at the quality and harmful factors of production and the labor process. Based on the results of the inspection, it may turn out that the working conditions existing at the production facility do not comply with the standards established by the government. In this case, representatives of the audited organization will be required to implement a certain number of measures aimed at eliminating harmful production factors.

Based on the results of the inspection, enterprises are assigned special classes or subclasses, thanks to which it is possible to determine the degree of non-compliance of working conditions with established standards.

Legal basis

The presented process should be regulated by law. The most important regulatory act that would be worth highlighting here is 426-FZ “On the subject of regulation of this bill are the relations arising between representatives of the organization being inspected and directly the experts themselves carrying out control and assessment activities. The presented defines the organizational basis of rights, responsibilities and duties assessment participants.

It is worth noting that Federal Law No. 426 “On Special Assessment of Working Conditions” is far from the only regulatory act that establishes the conditions and principles of functioning of assessment work at a particular enterprise. There is also the Russian Labor Code, as well as individual regulations at the local level.

Separately, it is necessary to highlight an important norm enshrined in Article No. 2 of the Federal Law “On Special Assessment of Working Conditions”. The principle of the priority of international law over national law is indicated here. The normative act in question, therefore, must also comply with international standards.

On the powers and responsibilities of employers and employees

The bill under consideration establishes rules of conduct for employers and employees in cases where their organization is subject to an assessment examination. Here are the rights employers have:

the ability to conduct unscheduled procedures for assessing working conditions;
the right to demand from the authority that carries out the inspection a justification of the assessment results;
the right to demand documents confirming the status of a control and assessment organization;
the opportunity to appeal the results of the inspection.

What responsibilities does an employer have? The law states the need to warn workers about the assessment of working conditions, as well as the implementation of measures aimed at improving existing conditions.

The employee himself also has certain rights. Here it is worth highlighting the opportunity to be present during inspections, the right to appeal to the employer or the expert conducting the assessment, as well as the opportunity to appeal the results of control and assessment activities. The employee has, among other things, one very important responsibility. We are talking about the need to get acquainted with the results of assessing working conditions.

On the powers and responsibilities of control and evaluation organizations

What rights and responsibilities does the authority carrying out the special assessment of working conditions have? The answer to this question is provided by Article 6 of the normative act in question. Thus, the organization has the right:

to refuse to carry out their professional activities if their implementation poses a threat to life and health;
to appeal orders of executive authorities authorized in the field of state supervision.

What responsibilities does the represented organization have? It's worth noting here:

provision of assessment results at the employer’s request;
high-quality use of special measuring instruments;
providing the employer with a refusal to conduct an inspection if the latter has not submitted all the necessary documentation.

And yet, what is this - a special assessment of working conditions? It is easy to guess that this is a combination of a large number of responsibilities of both some participants in the legal relations under consideration and others.

On preparation for a special assessment of working conditions

Assessing working conditions is, in fact, a very complex and very lengthy process. That is why its preparation can take a lot of effort and time. But how to plan everything in such a way that the control and assessment work takes place quickly and efficiently? The answer to this question is provided by Article 9 No. 426-FZ “On special assessment of working conditions”.

The employer must form a commission. The schedule of its work, the cost of the work - all these and many other points are fixed in the contract. The commission is headed either by the employer himself or his representative. A list of jobs to be inspected and assessed is compiled. As soon as such a list is ready, it will be possible to begin work.

About conducting a special assessment

What else can be said about a special assessment of working conditions? What is it and how does this process work? Article 8 of the regulatory act in question states that all responsibilities for financing and organizing assessments rest with the employer. The entire process must strictly comply with the standards established by law and at least once every five years. Why is a corresponding order issued to conduct a special assessment of working conditions (see photo below for a sample).

As already mentioned, the main goal of the process under consideration is the identification of dangerous and harmful nature. When achieving this goal, it is important to consider:

results of previous inspections;
quality of production equipment;
suggestions, complaints and wishes of employees of the organization in respect of which control and assessment activities are being carried out;
frequency of injury cases at the inspected enterprise;

The Federal Law “On Special Assessment of Working Conditions” states that based on the results of the inspection, a special document with the results of the assessment must be drawn up. What should you do with this document?

About the application of assessment results

Article 7 of the regulatory act in question states that the results of a special assessment of working conditions should be applied to the following types of activities:

exercising control functions over the state of working conditions;
informing workers about possible risks;
planning and high-quality implementation of activities aimed at improving working conditions;
calculation of additional insurance rates;
preparation of statistical data;
attracting medical workers to solve problems for workers who fall ill from working conditions;
analysis and resolution of disagreements related to safe working conditions, etc.

The result of assessing working conditions may also be the drawing up of a special classification. This is exactly what will be discussed further.

On the classification of labor conditions

Article 14 of the Federal Law “On Special Assessment of Working Conditions” establishes the main types of classes and subclasses that can be assigned to enterprises based on the results of control and assessment work. There are four classes in total.

The fourth class includes working conditions with a very high level of danger. A special feature of this group is the presence of factors that can threaten the life of an employee.

The third class is assigned to enterprises where hazardous working conditions can threaten the body and, accordingly, the health of the employee. There are 4 degrees, they are also subclasses of the third class. The first degree applies to enterprises with workers who cannot recover after a work shift for more than 24 hours. The second degree is assigned to organizations if people working there have mild occupational diseases. The third and fourth degrees concern, respectively, occupational diseases that are dangerous to work ability.

The second class is the most common among industrial enterprises. It characterizes working conditions under which a person can recover in less than 24 hours. The first class is assigned to enterprises with a complete absence of harmful working conditions, or with an insignificant number of them.

State information system for assessment

A special assessment of an organization’s working conditions does not take place uncontrolled. According to Article 18 of the normative act in question, there is a special information system for recording information about participants in control and assessment activities.

Thus, in relation to the employer and his organization, the following information must be indicated in the system:

name of the person;
location, tax identification number, state number. registration, code according to the classifier of types of economic activity;
number of workplaces;
distribution of classes and subclasses of working conditions;
information about changes in the special assessment of working conditions if repeated control measures were carried out.

Information about the workplace must also be provided. So, the information base stores the following data:

on the number of workers;
about the distribution of classes;
about the employee code and their TIN;
on the grounds for the formation of workers’ rights, etc.

The operator of the information system is the Russian government.

Who conducts the assessment?

Organizations that have a special certificate to conduct appraisal activities of a particular enterprise must be included in the state register of the relevant authorities, and information about them must be transferred to the information system described above.

As difficult as it may be to guess, assessment functions are carried out by specially authorized experts. These are individuals who have passed certification and have a certificate for the right to perform work. The requirements for experts are quite simple:

presence of higher education;
availability of practical experience.

All experts are independent. I must say, this is the most important principle of the whole. It is about it that will be discussed further.

On the principle of independence

What is this - a special assessment of working conditions? This is, first of all, an independent and very complex process, which only the state can control. What is the independence of control and evaluation authorities? The law states that procedures for assessing working conditions cannot be carried out by the following persons and bodies:

executive branch officials;
founders and employers of the most audited organization;
experts who are close relatives of the founders and employers of the organization being audited.

It is easy to guess that the principle of independence was formed by law to prevent possible corruption crimes.

As is known, any manifestations of corruption, especially during such important processes, can lead to a deterioration in working conditions. The deterioration of working conditions will most likely entail human casualties.

On state control and examination of appraisal work

The federal executive body must monitor compliance with the requirements of the bill under consideration. Special labor inspectorates created by government agencies must periodically inspect organizations that carry out assessment work.

Separately, it is worth highlighting the special examination, which is carried out by executive authorities. Control and evaluation organizations that do not meet the requirements of the examination may lose a special license to carry out labor activities.