Mandatory certification of workplaces. The procedure for certification of workplaces. Judicial practice on certification of workplaces

Information updated 03/25/2015

Denis Shofshan, tax consultant at FondInfo LLC

The procedure and conditions for the assessment are determined by the Federal Law, which entered into force on January 1, 2014. A special assessment of working conditions is being carried out in accordance with the methodology approved, which entered into force on April 8, 2014. This means that in fact, specialized organizations received the right to conduct a special assessment of working conditions only on April 8, 2014. According to the results of the special assessment, classes and subclasses of working conditions at the workplaces of employees are established. For more information about what a special assessment is, whether the costs of its implementation can be taken into account in expenses, whether the results of a special assessment affect the amount of discounts on insurance premiums, etc., see the table at the end of the material.

Who needs a special assessment?

All employers are required to conduct a special assessment of working conditions (regardless of the taxation system and the number of employees). Moreover, all workplaces are subject to a special assessment, regardless of whether there are sources of danger in the workplace or not. Office jobs are also subject to special assessment. There are no legal exceptions for them. Previously, the authorities also insisted on attestation of workplaces if the employee is at the computer for more than half of the working time (letter from the Ministry of Labor of Russia).
A special assessment can be omitted only in relation to ():

• home workers;
• remote workers;
• workers employed by individuals who are not individual entrepreneurs.

Special valuation conducted jointly by the employer and an organization that meets certain requirements ().

When to conduct a special assessment?

If prior to January 1, 2014, the company conducted a workplace certification, then its results are valid for five years from the date of completion. That is, a special assessment can not be carried out until December 31, 2018. However, it is necessary to conduct a special assessment outside the plan in the following cases (Article 17 of Law No. 426-FZ):

• commissioning of new jobs;
• obtaining an order from the state labor inspector to conduct an unscheduled assessment in connection with violations identified during the inspection by the labor inspectorate;
• change technological process, replacement of production equipment that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
• change in the composition of the materials and (or) raw materials used that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
• change in the means of individual and collective defense, capable of influencing the level of exposure to harmful and (or) hazardous production factors on workers;
• an industrial accident that occurred at the workplace (with the exception of an industrial accident that occurred due to the fault of third parties) or the identification of an occupational disease, the causes of which were the exposure of the employee to harmful and (or) dangerous production factors;
• availability of motivated proposals from elected bodies of primary trade union organizations or other representative body of employees to conduct an unscheduled special assessment of working conditions.

You can conduct a special assessment of working conditions before the expiration of the results of attestation of workplaces on your own initiative (clause 4, article 27 of Law No. 426-FZ).

How have the surcharges changed?

Since 2015 add. insurance premium rates increased compared to 2014 and 2013. In table. 1 shows tariffs for organizations that have not carried out either attestation or special assessment of working conditions.

1. The amount of additional tariffs for insurance premiums (if neither attestation nor special assessment of working conditions was carried out)

Note.* Tariffs in the FSS and FFOMS under these conditions have zero values.

If, according to the results of a special assessment of working conditions, classes (subclasses) of working conditions were determined, then from the date of approval of the report on its conduct, a differentiated scale of additional rates for insurance premiums should be applied (see Table 2; and a letter from the Ministry of Labor of Russia).

2. Differentiated scale of additional tariffs for insurance premiums (if classes of working conditions are established)

What about the certification?

The results of workplace certification can be used to establish differentiated tariffs until December 31, 2018. This requires the simultaneous fulfillment of four conditions ():

• Certification established that working conditions in the workplace are harmful or dangerous.
• The certification has not yet expired.
• The results of certification are reflected in the documents that are drawn up no later than December 31, 2013 (letter from the Ministry of Labor of Russia).
• Certification documents are drawn up according to the rules, approved. Orders of the Ministry of Health and Social Development of Russia or.

If the results of the attestation are drawn up correctly, then the same classes and subclasses of working conditions that are in force now should be reflected in the attestation documents. There have been no changes in the legislation of the Russian Federation in this part. So, for example, if the working conditions were recognized as dangerous by the certification, then additional contributions should be charged for payments at the rate of 8% (see Table 2).
However, keep in mind that if, according to the results of the certification, working conditions were found to be optimal or acceptable, then additional contributions should be charged at fixed rates: 6 or 9%. Zero rates cannot be applied in this case. Contributions can be reduced to zero only based on the results of a special assessment (). It turns out that some employers may benefit from an early special assessment of working conditions in order to reduce insurance premium rates.

Reporting to the FIU

Given that the results of a special assessment of working conditions affect the applicable rate of additional insurance premiums, from the 1st quarter of 2014, the reporting to the Pension Fund of the Russian Federation in this part has been updated. So, in the quarterly calculation in the form of RSV-1 PFR, approved. , the following can be distinguished:

• section 2 is supplemented with a new subsection 2.4, which reflects information on insurance premiums at an additional rate depending on the class (subclass) of working conditions, which is established based on the results of a special assessment;
• columns 3 and 13 have been added to section 4, which reflect the additional accrued additional contributions paid on the basis of the results of the special assessment ();
• in section 6 of subsection 6.7, the column "Code of a special assessment of labor" was added. The meaning of these codes can be found in Appendix No. 2 to the Procedure for filling out the calculation in the RSV-1 PFR form.

Reporting to the FSS

Table 10 “Information on the results of a special assessment of working conditions and mandatory preliminary and periodic medical examinations employees at the beginning of the year" section II of the calculation in the form-4 of the FSS, starting from the reporting for the 1st quarter of 2014, is filled out and submitted in without fail(Clause 2 of the Procedure for filling out Form 4-FSS). This table has been updated in connection with the introduction of a special assessment of working conditions.

Table 10 reflects data on a special assessment of working conditions, as well as on mandatory preliminary and periodic medical examinations carried out at the beginning of the year (approved by Order of the Ministry of Labor of Russia dated March 19, 2013 No. 107n). Moreover, if the policyholder has not yet expired attestation of workplaces for working conditions, then the table must be filled out based on the results of such attestation.

Important nuances of a special assessment of jobs

Question	Answer
What is a special assessment?	A special assessment of working conditions is a single set of measures to identify harmful and dangerous factors production environment and assessing the level of their impact on the employee, taking into account the deviation of the actual values ​​from the established standards (). Based on the results of a special assessment, classes and subclasses of working conditions at workplaces are established ()
Who should conduct a special assessment?	A special assessment is carried out jointly by the employer and an organization that meets certain requirements. A civil law contract is concluded with such an organization ()
Which jobs are subject to special assessment?	All jobs are subject to a special assessment. Only working conditions are not evaluated (): - home workers; — remote workers; — employees employed by individuals who are not individual entrepreneurs
Does the special assessment affect the size of the discount on insurance premiums for injuries?	Yes, the FSS authorities establish a discount depending on the safety of working conditions based on the results of their special assessment (“On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases”)
What is the responsibility for not conducting a special assessment?	Violation of the established procedure for conducting a special assessment or failure to conduct it is a violation labor law. The head (or other official) may be held liable in the form of an administrative fine from 5,000 to 10,000 rubles, the organization may be fined in the amount of 60,000 to 80,000 rubles. In the event of a repeated violation, the size of the sanctions increases significantly, and instead of a fine, officials may be temporarily disqualified, and the activities of the organization suspended. If an accident occurs at the enterprise, then the absence of the results of a special assessment can serve as evidence of the employer's guilt. In this case, it is possible to bring the head to criminal liability for.
The organization applies common system taxation. Is it possible to take into account the costs of a special assessment when calculating income tax?	The costs of conducting a special assessment of working conditions can be taken into account as part of other expenses (). If income and expenses are recognized on an accrual basis, then they can be taken into account after accepting work on a special assessment (). If income and expenses are recognized on a cash basis, then expenses are taken into account after payment and acceptance of the work performed (and other expenses for conducting a special assessment of working conditions), see F. Taking into account that the costs of conducting a special assessment of working conditions are indirect costs, with the accrual method they reduce income tax in the reporting period in which they were made ()
Organizations apply special tax regimes (one company on the simplified tax system, the other on the UTND). Can the costs of a special assessment be taken into account in expenses when calculating a single tax?	If an organization applies the simplified tax system with the object of taxation "income", then the costs of conducting a special assessment will not affect the calculation of the single tax (). With the object of taxation "income minus expenses", it will also not be possible to take into account the costs. The fact is that such costs are not provided for in the closed list of costs that are taken into account when calculating the single tax under the simplified tax system (). If the company pays UTII, then the costs of conducting a special assessment of working conditions will also not affect the tax in any way, since it is calculated from imputed income indicators ()
Can the costs of a special appraisal be offset against the payment of insurance premiums?	Cash costs for a special assessment can be set off against the payment of injury premiums. This is provided for by the order of the Ministry of Labor of Russia dated February 20, 2014 No. 103n. You can set off a maximum of 20% of the amount of contributions

On the Declaration of Conformity and payment of a special assessment at the expense of the Social Insurance Fund

• If, according to the results of a special assessment, working conditions are recognized as optimal or acceptable, then the company must be submitted to labor inspection at its location a special declaration. Its form and submission procedure have been approved. It was registered by the Ministry of Justice of Russia on May 22, 2014 under No. 32387 and entered into force on June 8, 2014.
  Read about how to choose an "appraiser" and submit a declaration of conformity.
• The costs of the special assessment can be offset against the payment of contributions for injuries, but not more than 20% of the amount of contributions. This is provided for, which was registered with the Ministry of Justice of Russia on May 15, 2014 under No. 32284 and entered into force.
  Read about how to pay for a special assessment of working conditions and other safety measures at the expense of the FSS.

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Certification of workplaces of various companies and LLCs

Until 31.12. 2013

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

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

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

During the implementation of these activities for the LLC, certain rules and the procedure for attestation of places for each employee. If necessary, employees are provided with protective equipment and accessories. Conducting a scheduled assessment will allow you to accurately determine which employees should undergo a medical examination. You can also determine who falls under the category of benefits and additional compensation.

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

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

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

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

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

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

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

Employer Responsibilities for Inspection:

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

Tasks to be performed by the attesting party

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

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

Certification for the workplace - a list of conditions

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

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

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

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

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

What is ARM

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

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

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

Innovations were:

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

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

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

Labor law

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

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

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

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

Administrative law

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

Pension legislation

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

Frequency of holding

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

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

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

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

Price

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

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

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

fines

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

Name of violation	The amount of the fine in rubles
	executive	unincorporated persons	legal entities
Violation of labor protection requirements set forth in federal legislation	Warning or 2000 to 5000	2000 to 5000	From 50,000 to 80,000
Violation of the procedure for conducting the SOUT (or non-conduct)	Warning or 5000 to 10,000	From 5,000 to 10,000	From 60,000 to 80,000
Admission of an employee without training in labor protection rules (medical examinations are included)	From 15,000 to 25,000	From 15,000 to 25,000	From 110,000 to 130,000
Failure to provide workers with PPE	From 20,000 to 30,000	From 20,000 to 30,000	From 130,000 to 150,000
Repeated violations	From 30,000 to 40,000 or disqualification for a period of 1 to 3 years	From 30,000 to 40,000 or suspension of activities for up to 90 days	From 100,000 to 200,000 or suspension of activities for up to 90 days

Documents following the event

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

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

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

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

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

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

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

Who is subject to mandatory certification of workplaces

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

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

Which jobs should be assessed

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

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

In addition, if previously the workplaces of home-based employees and employees working remotely were certified for common grounds, now the existing regulatory framework allows not to conduct a special assessment in these cases.

Frequency of conducting a special assessment of jobs

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

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

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

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

Initiation of the Special Evaluation Procedure

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

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

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

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

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

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

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

What is the effect of a special assessment of jobs

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

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

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

Information on the procedure for attestation of workplaces in terms of working conditions, justification of the cost of these works and applicable penalties

Prices for certification of workplaces according to working conditions (approximately):

TARIFFS for services provided by the testing laboratory for the study, measurement and evaluation of factors of the working environment and the labor process

Production factors	Measurement cost, rub.
Noise	250.00
Ultrasound	250.00
infrasound	250.00
Vibration	300.00
Temperature	100.00
Humidity	100.00
Air speed (V)	100.00
thermal radiation	150.00
illumination	250.00
Brightness	100.00
Coefficient natural light(KEO)	100.00
Ultraviolet radiation	250.00
250.00
Electromagnetic fields (EMF)	450.00
severity	300.00
tension	300.00
Safety	350.00
PPE	300.00
Working area air	800.00
Results processing	400.00
Classifier check	100.00
Survey of jobs and production factors, development of a list of jobs and production factors:	Up to 100 slaves places-1500 rub.

In accordance with the Labor Code of the Russian Federation (Section X. LABOR SAFETY), the employer, or rather any legal entity and private entrepreneurs, are required to certify workplaces in terms of working conditions, followed by certification of the organization of work on labor protection. Certification of workplaces in terms of working conditions is carried out in order to identify harmful and (or) dangerous production factors and to take measures to bring working conditions in line with state regulatory requirements for labor protection. Certification of workplaces for working conditions is carried out in the manner established by the federal body executive power executing the functions of developing state policy and legal regulation in the sphere of labor.

The state labor protection administration, in turn, establishes the procedure for carrying out state examination of working conditions, the procedure for attesting workplaces in terms of working conditions and the procedure for confirming the compliance of the organization of work on labor protection with state regulatory requirements for labor protection, and also carries out state examination of working conditions, organizes certification of workplaces in terms of working conditions and confirmation of compliance of the organization of work on labor protection with state regulatory requirements for labor protection.

It follows from the above that the inspector has the right to exercise control over the implementation of labor legislation, in particular, to check the quality of the certification of workplaces for working conditions or for the lack thereof.

In accordance with Order No. 342n dated April 26, 2011 of the Ministry of Health and social development The Russian Federation has established a procedure for attestation of workplaces in terms of working conditions and requirements for the execution and use of the results of attestation. The requirements of the Procedure apply to employers - legal entities and individuals (with the exception of employers - individuals who are not individual entrepreneurs) (hereinafter referred to as the employer), as well as organizations providing services for attestation of workplaces (hereinafter referred to as the attesting organization), regardless of their organizational and legal forms and forms of ownership.

The procedure for preparing for the certification of workplaces for working conditions.

• To organize and conduct certification, the employer creates an certification commission, and also determines the schedule for the certification work.
• The attestation commission 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 employees, representatives of the attesting organization.

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

When conducting certification in organizations classified in accordance with current legislation to microenterprises and small businesses, the certification commission includes the employer (his representative), representatives of the certification organization, representatives of the elected body of the primary trade union organization or other representative body of employees (if any), representatives of the organization or a specialist engaged by the employer under a civil law contract for implementation of the functions of the labor protection service (specialist in labor protection).

The attestation commission is headed by a representative of the employer.

• The composition of the attestation commission, as well as the schedule for the attestation work, are approved by order of the employer.
• Certifying commission:
  • carries out management and control over the certification at all its stages;
  • forms a set of regulatory legal and local regulations, organizational, administrative and methodological documents necessary for attestation, and organizes their study;
  • draws up a list of jobs subject to certification, a sample of which is provided for in Appendix No. 1 to the Procedure, with the allocation of similar jobs and an indication of the factors of the production environment and labor process, injury hazard and provision of the employee with special clothing, special footwear and other personal protective equipment (hereinafter referred to as PPE), which must be measured and evaluated based on the characteristics of the technological process, the composition of the production equipment, the raw materials and materials used, the results of previous measurements of indicators of harmful and (or ) hazardous production factors, requirements of regulatory legal acts, as well as places for these measurements;
  • prepares proposals to bring the names of professions and positions of employees in line with the requirements of the Unified Tariff qualification handbook works and professions of workers and the Unified Qualification Directory for the positions of managers, specialists and employees;
  • assigns a number to each workplace;
  • fills in and signs attestation cards;
  • prepares proposals (if necessary) on making changes and (or) additions to labor contract in terms of the obligation of the employer to provide the employee with PPE, establish an appropriate work and rest regime, as well as other guarantees and compensations established by law for work with harmful and (or) dangerous working conditions;
  • based on the results of certification, develops an action plan to bring working conditions in line with state regulatory requirements for labor protection.

For all the above activities, when concluding an agreement for the certification of workplaces in terms of working conditions with the company LLC NPP IL "SpetsTest", our specialists are ready to assist.

What can you save on:

When carrying out certification of workplaces according to working conditions, there is such a thing as similar workplaces. Similar jobs for the purposes of the Procedure are jobs that are characterized by a combination of the following features:

• professions or positions of the same name; performance of the same professional duties while maintaining the same type of technological process in the same mode of operation;
• use of the same type of production equipment, tools, fixtures, materials and raw materials;
• work in one or more premises of the same type or on outdoors;
• use of the same type of ventilation, air conditioning, heating and lighting systems;
• the same arrangement of objects ( production equipment, vehicles, etc.) at the workplace;
• the same set of harmful and (or) hazardous production factors of the same class and degree;
• equal provision of personal protective equipment.

If at least one job that does not meet the criteria of similarity is identified, 100% of these jobs are evaluated. After this assessment, a new list of jobs is determined, taking into account the results of measurements and assessments.

Thus, it is completely clear that it is almost impossible to find similar jobs, because the lighting conditions are different even within the same room, the remoteness of jobs from the window, and other factors.

Cost savings for certification of workplaces can really be achieved by reducing the number of measurements. For example, there are ten workplaces in one room. Factors such as humidity, general vibration, working area air and other factors are measured once in the general working area. From this it follows that the certification of one workplace in terms of working conditions will presumably cost 2,700 rubles, and the remaining nine will cost 2,400 rubles.

In Russia in 2012 it is planned to introduce 6 new administrative offenses in the field of labor and labor protection. Violators face severe sanctions.

In 2012, it is planned to make changes to the Code of Administrative Offenses of the Russian Federation and the Criminal Code, aimed at unscrupulous employers. Innovations will hurt those of them who violate the legislation on labor and labor protection. This will especially apply to individual entrepreneurs. Six new administrative offenses will be added to the current administrative offenses, the Federal Labor and Employment Service reports. Some fines will increase by 20 times and reach 600 thousand rubles:

Currently, the State Duma Committee on Constitutional Legislation and State Building is considering a draft federal law N 557872-5 "On Amending the Code of the Russian Federation on Administrative Offenses and Article 143 of the Criminal Code of the Russian Federation", aimed at strengthening liability for violation of the requirements labor protection legislation.

The bill provides for the introduction of six new administrative offenses that establish liability for failure to carry out certification of workplaces in terms of working conditions; admission to the performance of work of employees who have not undergone training in labor protection in accordance with the established procedure; failure to provide workers with personal protective equipment; admission to the performance of work of employees who have not passed mandatory medical examinations in the prescribed manner; failure to inform employees about the state of conditions and labor protection in the workplace, etc.

Sanctions for these offenses are proposed to be introduced in an increased amount compared to the current ones: for example, the amount of administrative fines increases for persons engaged in entrepreneurial activities without forming a legal entity, from 6 to 20 times and for legal entities 3 to 10 times. For repeated commission of a similar offense for legal entities, fines can reach 500-600 thousand rubles, individual entrepreneurs will be disqualified for a period of 1 to 3 years.

In most cases, for individual entrepreneurs and legal entities, administrative suspension of activities is provided as a dispositive sanction. For violation of the established procedure for training in labor protection or training in safe rules and techniques for performing work with internships at the workplace and providing first aid to victims, it is proposed for legal entities to introduce an administrative fine - from 100 to 150 thousand rubles. For repeated violations, legal entities are subject to fines from 500 to 600 thousand rubles or an administrative suspension of activities for a period of 30 to 90 days.

We add that now violation of labor legislation and labor protection is punishable under article 5.27 of the Code of Administrative Offenses of the Russian Federation. The offense is punishable by a fine. For officials and individual entrepreneurs, it ranges from 1 to 5 thousand rubles, for legal entities - from 30 to 50 thousand. Individual entrepreneurs and organizations can also expect to be suspended for up to 90 days. Under article 143 of the Criminal Code of the Russian Federation, violation of labor protection rules is punishable.

Employers will be able to declare compliance of working conditions with state regulatory requirements. The financial burden on small businesses will decrease. Such prospects are drawn by the drafters of the bill.

Russian employers will be able to declare the compliance of working conditions with state regulatory requirements. Expensive certification of the organization of work on labor protection will be a thing of the past. As a result, the financial burden on micro and small businesses will decrease. All this is provided for by the draft law developed by the Ministry of Health and Social Development. The document amends a number of articles of the Labor Code of the Russian Federation. The developers of the project explanatory note paint bright prospects for small businesses:

The bill provides for the introduction of confirmation of the compliance of working conditions with state regulatory requirements for labor protection as more general concept, which will make it possible to move from mandatory and expensive certification of the organization of work on labor protection to a form of conformity confirmation voluntarily chosen by the employer in the form of a voluntary declaration of conformity.

For this purpose, Article 209 of the Labor Code of the Russian Federation introduced the definition of the concept of “declaration of conformity”, according to which it is a document certifying the compliance of working conditions with state regulatory requirements for labor protection ... The form of a declaration of conformity, the procedure for registering declarations of conformity ... are determined the federal executive body responsible for the development of state policy and legal regulation in the field of labor.

In addition, it is proposed to amend Article 22 of the Code, giving the employer the right to declare the compliance of working conditions with state regulatory requirements for labor protection...

The condition for the employer to submit a declaration of conformity, along with an assessment of the state of working conditions in the organization, determined based on the results of the certification of workplaces in terms of working conditions, will also be the level occupational risk in the organization, level occupational injury and occupational morbidity, provision of workers with personal protective equipment, work on training and testing knowledge of labor protection requirements, organization of mandatory preliminary and periodic medical examinations, sanitary and preventive maintenance of workers, etc.

The bill applies to all employers - subjects entrepreneurial activity... the procedure for declaring the compliance of working conditions with state regulatory requirements for labor protection is free and voluntary for the employer.

The draft law is posted on the website of the Ministry of Economic Development. It invites everyone to express their opinion on the initiative of the Ministry of Health and Social Development.

Recall that for a bill to become law, it must be approved. Federal Assembly and signed by the President of the Russian Federation, after which the document must be officially published. federal laws come into force ten days after the official publication, unless the laws themselves establish a different procedure for their entry into force. This document, according to the draft, will take effect within six months from the date of official publication.

And in conclusion, summing up the above, I would like to note that if, when conducting certification of workplaces at his enterprise, the manager starts from the low cost of the service offered, then during a control check by inspections, he risks being caught in poor-quality (falsely) compiled certification cards and, as a result, their cancellation . If the certifying organization declares that it conducts attestation of workplaces in the amount of 100 pieces within one week and provides this service for 1,500 rubles per workplace, then it risks being left without a license to carry out these works, since certification cards were most likely drawn up without conducting actual measurements.