Certification of workplaces of various companies and LLCs. New realities of workplace certification Organization of workplace certification

Certification of workplaces according to the new law has been replaced by a special assessment of working conditions(SOUT) is an inspection of working conditions, organization of measures for their safety, and determination of the presence of a health hazard. The rules of SOUT are regulated by Federal Law No. 426-FZ of December 28, 2013 and the Labor Code of the Russian Federation. In this article we will look at how workplace certification is carried out based on working conditions, what are the purposes of the assessment, what is the procedure and list of required documents.

The purpose of certification or special assessment of working conditions

The inspection is carried out in order to bring working conditions to established standards. To do this you need:

• Check the condition of workplaces;
• Change the amount of insurance premiums in case of injury;
• Make a list of persons who need to undergo a medical examination;
• Provide personnel with protective equipment;
• Change the work schedule for those working in hazardous conditions (shorten the working day, establish additional leave, etc.);
• Change the process technology or suspend the work of the workshop;
• Bring job titles into compliance with the All-Russian Classifier of Occupations;
• Apply sanctions for violations of labor protection.

Who assesses working conditions?

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

Tasks of the commission:

• Manage and control all stages of the audit;
• Collection of necessary documents and their study;
• Compiling a list of workplaces that will be inspected;
• Checking the compliance of the names of professions and positions with the Unified Directory;
• Numbering of workplaces;
• If necessary, propose changes to the employer’s obligations in the employment contract (providing protective equipment, changing the work schedule, providing salary bonuses for harmful activities, etc.);
• Developing a plan to bring places into compliance with standards.

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

• Tasks of the certifying accredited organization:
• Determine measurement methods and the composition of specialists who will carry them out;
• Study documents providing labor conditions;
• Request for clarification on issues that arise.

According to the agreement, the certifying accredited organization must:

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

An accredited organization has the right to refuse to conduct an inspection if the necessary documents are not provided or if there are no conditions for measurements.

According to Federal Law No. 426, ed. dated 01/01/2014, the following requirements are imposed on accredited organizations performing SOUT:

• License to conduct SOUT.
• The team must include at least five experts with certificates and at least one expert expert with a higher education in any of the specialties: a general hygiene doctor, a laboratory research specialist, an occupational health doctor.
• Availability of an accredited research laboratory.

If the organization does not comply with the requirements, its decision will not be valid.

Timing of the inspection

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

There are situations when an inspection is carried out outside the plan:

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

Certification process

There are three stages of certification, this is an assessment of: hygiene standards, injury risk, and protection. Based on the results of the certification, a comprehensive assessment is concluded. When checking workplaces in production, the impact of the following factors is checked: biological, chemical and physical. When assessing working conditions, the intensity of work and its severity are checked.

Stage 1. Hygiene assessment

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

Based on the assessment results, working conditions are divided into 4 hazard classes: optimal, acceptable, harmful and dangerous.

Stage 2. Injury assessment

During the assessment, work equipment is checked, namely: operational documents; is there any protection when working on this equipment; the presence of fences, signal markings, blocking, etc.; serviceability of signals about breakdown, emergency start, power outage, etc.; protection of equipment and electrical wiring from external influences. The tools and devices needed for the job are assessed to see if they comply with the standards.

The commission is guided by the following requirements for protection from: mechanical influences, exposure to electricity, toxicity with chemicals, exposure to temperatures, etc. After the assessment, working conditions are divided into three classes: optimal, acceptable, dangerous.

Stage 3. Personnel protective equipment assessment

Company employees are required to be provided with the necessary protective equipment. They must meet the following requirements: have certificates, comply with standards, meet actual working conditions. If at least one non-compliance with the procedure is detected, the workplace is considered not provided with protective equipment.

Final assessment of working conditions

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

Fines for violating the rules of special assessment of working conditions

Responsibility for the conduct and accuracy of the data lies with the employer. In case of violation, an administrative fine is imposed in the amount of 50 to 80 thousand rubles. The amounts of administrative fines that came into effect on January 1, 2015 are presented in the table below.

Simple example #1 of determining punishment for violating certification rules

The company introduced new jobs on May 1, 2016. The employer began certifying new jobs on August 1, 2016. Are there any violations? What will be the punishment?

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

Workplaces subject to certification

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

Similar places must meet the following criteria:

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

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

Example #2. Classification of jobs as similar

There are 8 motorized seamstresses working at the garment factory. They have the same working conditions, the same sewing machines, the same work technology, the same job titles, the same work schedule and the raw materials used. Are the jobs similar and how many jobs must be certified?

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

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

Documents required for assessing working conditions

The table below presents the necessary documents that will be required before passing the certification, during the assessment process itself and after the verification.

The order to complete the certification is signed by the manager within 10 days. The manager acquaints the employee with the results of the inspection against signature. After this, within 10 calendar days, the employer must provide to the state labor inspectorate in paper and electronic form: a summary statement of the inspection results and information about the accredited organization. Data based on the results of the SOUT are posted on the company’s official website within 30 days.

Frequently asked questions

Question No. 1. Is workplace certification carried out for office workers?

Yes, it is carried out, since certification, according to Federal Law No. 426, must be carried out for all workplaces. Most likely, the workplaces of office workers will be recognized as similar, then only 20% of the places will need to be checked, but not less than two.

Question No. 2. Who is responsible for complying with the certification rules?

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

Question No. 3. Who conducts the certification?

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

Question No. 4. When should certification be carried out?

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

Question No. 5. Can an accredited commission refuse to conduct an inspection?

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

The legal basis for certification of workplaces is Resolution of the Ministry of Labor of Russia dated March 14, 1997 No. 12 “Regulations on certification of workplaces based on working conditions.”

Certification of workplaces according to working conditions – a system for analyzing and assessing workplaces for carrying out health measures, familiarizing workers with working conditions, certifying production facilities, confirming or canceling the right to provide compensation and benefits to workers engaged in heavy work and work with harmful and dangerous working conditions.

Certification results can be used for:

planning and carrying out measures for safety and working conditions in accordance with current regulatory legal documents;

certification of labor protection work at the enterprise;

justification for providing benefits and compensation to employees engaged in heavy work and work with harmful and dangerous working conditions;

resolving questions about the connection of the disease with the profession in case of suspected occupational diseases, establishing a diagnosis of occupational diseases;

inclusion of workers' working conditions in the employment contract;

familiarizing workers with working conditions in the workplace;

compiling statistical reports on the state of working conditions, benefits and compensation for work under harmful and dangerous working conditions;

application of administrative and economic sanctions to guilty officials in connection with violation of labor protection legislation.

Certification of workplaces is mandatory for the employer and determines for him the necessary conditions for the practical performance of duties in accordance with legislative acts on labor protection.

All workplaces at the enterprise are subject to certification for working conditions. Certification periods are set by the organization based on changes in the conditions and nature of work, but at least once every 5 years from the date of the last changes. Workplaces are subject to mandatory recertification after replacing production equipment, changing the technological process, and at the request of the State Expertise of Working Conditions of the Russian Federation when violations are identified during the certification of workplaces.

Certification is carried out by the organization independently or with the involvement of specialists to carry out part of the work.

When certifying workplaces, work is carried out in three areas:

hygienic assessment of working conditions based on factors of harmfulness and danger, severity and intensity of the labor process;

assessment of workplace injury safety;

assessment of the provision of workers with protective equipment.

Based on the results of instrumental measurements of the level of harmful factors at the workplace, the class of working conditions (safe, dangerous, harmful) and the degree (1, 2, 3, 4) of harmful working conditions according to hygienic criteria are determined.

Based on the results of a workplace survey the compliance of equipment, tools, training and instruction with the requirements of regulatory and legal acts is determined by the class of working conditions for injury safety (optimal, permissible, dangerous).

Based on the results of a study of the nature of work the class of labor is determined by the degree of severity (light, moderate, heavy three degrees) and intensity (optimal, acceptable, intense three degrees) of the labor process.

The results of assessments are documented in acts and protocols in the established form.

The certification commission formalizes the results of its work with a general protocol for the certification of workplaces for working conditions, to which all certification materials and an action plan to improve working conditions are attached, which includes a list of necessary measures that must be taken at the enterprise to improve working conditions and safety.

The main conclusion based on the results of certification of each workplace is the conclusion that

workplace is certified upon fulfillment of the requirements:

there are no dangerous or harmful factors or their actual values ​​correspond to optimal or acceptable values;

requirements for injury safety and provision of personal protective equipment have been met;

the workplace is recognized as conditionally certified, If

actual values ​​of dangerous and harmful production factors exceed existing hygienic standards;

requirements for injury safety and provision of personal protective equipment do not meet the standards;

working conditions are considered harmful;

workplace is not certified, if working conditions are classified as class 4 (hazardous) and are subject to immediate liquidation or re-equipment.

Workplace certification documents for working conditions are strictly accountable materials and must be stored for 45 years

Certification of workplaces

In accordance with Article 212 of the Labor Code of the Russian Federation " Responsibilities for ensuring safe working conditions and labor protection rest with the employer. The employer is obliged to ensure certification of workplaces for working conditions with subsequent certification of the organization of work on labor protection."

Certification of workplaces (AWC) according to working conditions- labor involves conducting an assessment of working conditions at workplaces in order to identify harmful and (or) dangerous production factors and implement measures to bring working conditions into compliance with state regulatory requirements for labor protection.

Certification of workplaces on working conditions includes a hygienic assessment of working conditions, an assessment of injury safety and the provision of workers with personal protective equipment (hereinafter referred to as PPE) (clause 2 of Order No. 569 of the Ministry of Health and Social Development of August 31, 2007).

The set of factors in the production environment and the labor process that influence the performance and health of an employee (Article 209 of the Labor Code of the Russian Federation) is called working conditions.

Industrial environment factors: physical, chemical, biological.

Factors of the labor process: severity and intensity of work, injury safety.

Harmful factor in the working environment- an environmental and labor process factor, the impact of which on an employee can cause an occupational disease or other health disorder, or damage to the health of offspring.

Hazardous working environment- an environmental and labor process factor that can cause an acute illness or a sudden sharp deterioration in health or death. Depending on the quantitative characteristics and duration of action, certain harmful factors in the working environment can become dangerous.

Main factors of the labor process

To the main factors of the labor process, i.e. factors constantly present in any workplace include the severity and (or) intensity of work, as well as injury safety. Of the production factors or environmental factors at the workplace, the following will be present: illumination of the workplace (working surface), usually indoors, and microclimate parameters both indoors and outdoors.

Basic documents on the basis of which workplace certification is carried out

1 Decree of the Russian Federation of November 20, 2008 No. 870 “On the establishment of reduced working hours, annual additional paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions.”

2 Order of the Ministry of Health and Social Development dated August 31, 2007 No. 569 “On approval of the Procedure for conducting workplace certification according to working conditions."

3 R 2.2.1766-03 Guidelines for assessing occupational health risks for workers. Organizational and methodological foundations, principles and evaluation criteria.

4 P 2.2.2006-05 Guide to the hygienic assessment of factors in the working environment and the labor process.

5 Guidelines. Assessment of workplace injury safety for the purposes of their certification according to working conditions.

Other documents used for measuring and assessing production factors, injury safety and the provision of PPE and workwear: POT, GOST, SanPiN, SP, RD, SN, TI, TON, etc.

What are the consequences of carried out or not carried out automated work?

Conducted automated workplace. If, as a result of the work carried out according to labor safety, workplaces with harmful and dangerous conditions were identified, then the employer must take measures to improve working conditions in these workplaces. Why is an action plan being developed to improve working conditions?

For the employer, the certification of workplaces has several positive aspects:

Possibility of reducing costs for payments and milk dispensing.

Guarantees in case of claims from employees.

Not holding workplace certification faces fines established by the Code of Administrative Offences. An official is fined from 1 to 5 thousand rubles, a legal entity - from 30 to 50 thousand. Here it should be noted that it is not so much the amount of the fine that is important, but part 2 of Article 5.27 of the same code, which says that if you violated labor laws, you will be fined, but if within a year you are caught again doing the same thing, then the inspector is obliged to send the materials to court. And already in court the question of disqualification of the manager for a period of one to three years will be raised.

Certifying organizations.

An organization hired to carry out certification of workplaces for working conditions must have the following package of documents:

1) a current accreditation certificate of a measuring, testing or analytical laboratory in the field of accreditation of which the types of measurements and assessments for which the laboratory is accredited are prescribed (issued by the accrediting body for a period of no more than 5 years). There may be several systems in which a laboratory is accredited (GOST R; SSOT; GSEN; SAAL);

2) unexpired certificates, certificates, certificates of training and confirming the knowledge of laboratory personnel to measure factors of the working environment and the labor process in specialized institutions.

Equally important when choosing an organization for workplace certification is experience in conducting workplace certification in the field (industry) to which the organization being certified belongs.

In addition, I would like to note that when carrying out an automated workplace for technical safety by a specialized organization engaged for this purpose, the number of specialists carrying out the measurement and assessment of harmful and dangerous production factors, as well as injury safety and the provision of personal protective equipment cannot be carried out by one person. As a rule, a group includes at least three people.

2. Agreement with the certifying organization.

Non-stationary or non-permanent jobs

Certification of non-stationary workplaces, that is, places with geographically changing work areas, where the work area is considered to be a part of the workplace equipped with the necessary means of production, in which one or more workers perform work or operation of a similar nature (plumbers, electricians, construction workers). workers, etc.), is carried out by preliminary determination of typical technological operations with a relatively stable set and value of harmful and (or) dangerous production factors and subsequent assessment of these operations. The time for completing each operation is determined by expert opinion (based on local regulations) clause 14 of order No. 569.

Non-permanent workplace - The place where the worker spends a smaller part (less than 50% or less than 2 hours continuously) of his working time.

What factors are subject to assessment in the workplace and how to determine them?

In accordance with paragraph 15 of Order No. 569, when certifying workplaces for working conditions, all harmful and (or) hazardous production factors (physical, chemical and biological factors), severity and (or) tension present in the workplace are subject to assessment.

Compiles a complete list of the organization’s workplaces in accordance with Appendix No. 1 to the Procedure, highlighting similar workplaces and indicating the assessed working conditions, based on the characteristics of the technological process, the composition of production equipment, the raw materials used, the results of previously carried out measurements of harmful and (or) hazardous production indicators factors, complaints from workers about working conditions (clause 11, subclause 3 of Order of the Ministry of Health and Social Development No. 569 of August 31, 2007)

All harmful and dangerous factors characteristic of the workplace, regulated by sanitary norms and rules, hygienic standards, as well as the severity and intensity of work, are subject to control. To compile a list of factors to be measured and assessed, technical, organizational and administrative documentation, certificates of conformity for raw materials, materials, equipment, etc. are used. (R 2.2.2006-05 "Guide to the hygienic assessment of factors in the working environment and the labor process. Criteria and classification of working conditions", Appendix 6, paragraph 6.4).

Application of workplace certification results for working conditions.

The results of certification of workplaces for working conditions, carried out in accordance with the Procedure, are used for the purposes of:

1) monitoring the state of working conditions in the workplace and the correct provision of workers with certified personal and collective protective equipment;

2) assessment of occupational risk as the probability of damage (loss) to the health or death of an employee associated with the performance of his duties under an employment contract and in other cases established by law, control and management of occupational risk, which involves analyzing and assessing the employee’s health status in a cause-and-effect manner connections with working conditions, informing subjects of labor law about the risk, monitoring the dynamics of risk indicators, as well as taking measures to reduce the likelihood of damage to the health of workers;

3) providing employees hired with reliable information about working conditions in the workplace, about the existing risk of damage to health, about measures to protect against the effects of harmful and (or) hazardous production factors and relying on employees engaged in heavy work and work with hazardous and (or) hazardous working conditions, guarantees and compensation;

4) providing employees engaged in work with hazardous working conditions, in work performed in special temperature conditions or associated with pollution, free certified special clothing, special shoes and other personal protective equipment, as well as flushing and neutralizing agents in accordance with established standards;

5) preparation of statistical reporting on working conditions;

6) subsequent confirmation of compliance of the organization of work on labor protection with state regulatory requirements for labor protection;

7) preparing contingents and a list of names of persons subject to mandatory preliminary (upon employment) and periodic (during employment) medical examinations (examinations) of employees, as well as extraordinary medical examinations (examinations);

8) calculation of discounts and allowances to the insurance tariff in the system of compulsory social insurance of workers against industrial accidents and occupational diseases;

9) resolving the issue of the connection of the disease with the profession if an occupational disease is suspected, on the diagnosis of an occupational disease;

10) justification for decisions made in the prescribed manner on the application of administrative punishment in the form of administrative suspension of the activities of organizations, their branches, representative offices, structural divisions, production equipment, sites;

11) consideration of the issue of suspending the operation of buildings or structures, machinery and equipment, the implementation of certain types of activities (work), and the provision of services due to an immediate threat to the life or health of workers;

12) consideration of issues and disagreements related to ensuring safe working conditions for workers and the investigation of industrial accidents and occupational diseases that have occurred to them;

13) taking measures for proper sanitary and preventive provision of employees of the organization;

14) justification for labor restrictions for certain categories of workers;

15) inclusion in the employment contract of characteristics of working conditions and compensation to employees for work in difficult, harmful and (or) dangerous working conditions;

16) justification for planning and financing measures to improve working conditions and safety in organizations, including through funds for compulsory social insurance against industrial accidents and occupational diseases;

17) creating a data bank of existing working conditions at the level of an organization, municipality, executive body of a constituent entity of the Russian Federation and at the federal level;

18) carrying out measures for implementation by the federal executive body authorized to carry out state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms;

19) application of liability measures provided for by law to persons guilty of violations of labor protection legislation.

After certification of workplaces for working conditions ( paragraph 46 of the Order of the Ministry of Health and Social Development No. 569 of August 31, 2007), the employer sends: a list of workplaces (Appendix No. 1), statements of workplaces of the organization’s divisions and the results of their certification for working conditions (Appendix No. 6) and a summary statement of the organization’s workplaces and the results of their certification on working conditions (Appendix No. 7), including information in accordance with Appendix No. 10 to this Procedure, to the State Labor Inspectorate in Moscow at the address: 115582, Moscow, st. Domodedovskaya, 24, bldg. 3, central box, 7th floor, room. No. 9

Certification of workplaces according to working conditions allows the employer to determine how safely the activities of its employees are organized. Currently, all employers, with the exception of individuals without the formation of an individual entrepreneur, must conduct this event.

Assessment of working conditions and certification of workplaces

It is immediately worth noting that at present the concept of “job certification” is not used in legislative acts; it was replaced by “special assessment of working conditions” as early as 01/01/2014. But in everyday life the phrase “worker certification” is still more often used places."

At their core, these two concepts are identical, and one and the other imply a special set of measures aimed at identifying harmful and dangerous factors in a particular workplace.

Currently, the current law on workplace certification is the Federal Law “On Special Assessment of Working Conditions” dated December 28, 2013 No. 426-FZ (hereinafter referred to as the Law).

Workplace certification: validity period

The frequency of workplace certification is as follows:

• Scheduled special assessment once every 5 years.
• Unscheduled implementation as the need arises.

Unscheduled certification of workplaces can be carried out in the following cases:

• emergence of new jobs,
• accident or occupational illness due to exposure to hazardous factors,
• changes that have occurred in the technological process,
• order of State Labor Inspectorate inspectors or at the proposal of a representative body of workers.

For such situations, Article 17 of the Law sets a deadline of 6 to 12 months for conducting an unscheduled special assessment, depending on the reason that led to it.

Another question that arises for employers who carried out workplace certification before the Law came into force: for how many years is such a check valid, is it necessary to conduct a special assessment instead? The law states that if there are no prerequisites for an unscheduled assessment, the certification will be valid for 5 years. That is, if enterprises completed it before the end of 2013, they need to conduct a special assessment for the first time only in 2018.

Certification of workplaces: who carries out

According to Article 8 of the Law, a special assessment of jobs is organized by the employer with the participation of a company that has the right to carry out such work.

There are a number of requirements for the involved organization:

• The list of activities must contain the OKPD code for workplace certification: 71.20.19.130 (according to the OKD 034-2014 classifier).

• The company must employ at least 5 certified experts.
• The company structure must include a special accredited laboratory for carrying out measurements and samples.

In order to be sure that the company entrusted with carrying out the inspection meets the stated requirements, you need to check its presence in a special list, which is located on the ]]> website of the Ministry of Labor ]]>.

How to conduct workplace certification yourself

Currently, employers do not have the right to conduct certification of workplaces without involving employees of a company that has the appropriate license. Otherwise, the results of such a special assessment will not have legal force.

How workplace certification is carried out

The procedure for certification of workplaces according to working conditions involves the following activities:

• Issuance of an order for certification, which appoints a commission and deadlines.
• A list of jobs subject to special assessment is determined. Here you need to take into account the frequency of workplace certification. Only those places whose previous assessment period has expired are checked.
• Direct work is being carried out to study documentation, take measurements and take samples.
• A report is drawn up, which includes a certification card and a summary statement. They include all the measures taken and conclude about the safety of the workplace and assign a certain class.

It is necessary to familiarize interested employees with the results of the special assessment.

Workplace certification card for working conditions

This is a consolidated document in which all information about the workplace being inspected is entered and the level (degree) of exposure to certain factors is indicated, for example, the level of APFD (in workplace certification, this abbreviation combines all aerosol substances that may be in the air).

Fine for lack of certification of workplaces in 2018

If an employer evades carrying out a special assessment or violates its procedure, an administrative penalty is imposed on him. The fine for lack of certification of workplaces is levied according to clause 2 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation and amounts to:

• 5000 – 10,000 rub. for officials and individual entrepreneurs.
• 60,000 – 80,000 rub. for organizations.

However, paying a fine does not relieve the culprit from undergoing certification.

How to pay for certification and return part of the funds spent on it

As a rule, the question of cost accounting arises among budgetary organizations that pay for the certification of workplaces. KOSGU (Classification of public sector operations) in this case refers to Article 220 “Payment for work and services” (Order of the Ministry of Finance dated July 1, 2013 No. 65n).

Another question is how can workplace certification be partially compensated? The Social Insurance Fund allows you to pay for it from contributions for “injuries”. To do this, you need to submit the appropriate package of documents to the Fund. You can receive funds both for work already carried out and for planned work. The main condition is the absence of debt on insurance premiums.

Certification of workplaces for working conditions includes a set of procedures, measurements and calculations that make it possible to determine how safe a particular workplace is. This procedure must be carried out by all employers at certain intervals. What are the established deadlines for workplace certification regulated by Law No. 426-FZ (On conducting special assessments) . Its types are divided into planned and unplanned.

Why is workplace certification needed? Certification of workplaces according to working conditions is an assessment of working conditions at workplaces, which is carried out to identify harmful or dangerous production factors and bring working conditions into compliance with state regulatory requirements for labor protection. The established classes (subclasses) of working conditions affect not only the amount of additional contributions to the Pension Fund, but also the amount of guarantees and compensation provided to employees in accordance with the Labor Code of the Russian Federation.

From 01/01/2014, the concept of “job certification” was replaced by the term “special assessment of working conditions” or “special assessment of working conditions”. And if earlier the issues of workplace certification were regulated by Order of the Ministry of Health and Social Development dated April 26, 2011 No. 342n, now the special assessment is carried out in accordance with Federal Law dated December 28, 2013 No. 426-FZ.

But given that the certification of jobs and their special assessment are essentially the same thing, despite the replacement of the term “certification” with the term “special assessment” in the Labor Code of the Russian Federation, these concepts are often still used as equivalent. The concepts of “special assessment” and “certification” will be used synonymously in our consultation.

Is workplace certification mandatory or not?

The Labor Code of the Russian Federation provides that the employer is obliged to ensure a special assessment of working conditions in accordance with the legislation on special assessment (Part 2 of Article 212 of the Labor Code of the Russian Federation). Therefore, a special assessment is mandatory in relation to the workplaces of all employees, except (Part 3 of Article 3 of the Federal Law of December 28, 2013 No. 426-FZ):

• homeworkers;
• remote workers;
• workers who have entered into employment relationships with individual employers who are not individual entrepreneurs.

Absolutely all employers are required to conduct a special assessment before December 31, 2018 (Part 4 of Article 8, Part 6 of Article 27 of the Federal Law of December 28, 2013 No. 426-FZ).

If before 01/01/2014 the employer carried out certification of workplaces according to the old rules, he may not conduct a special assessment of working conditions in relation to such workplaces for 5 years from the date of completion of the last certification (Part 4 of Article 27 of the Federal Law of December 28, 2013 No. 426 -FZ). This rule does not apply to cases where the employer has an obligation to conduct an unscheduled special assessment (for example, when commissioning newly organized workplaces, upon receiving an order from a state labor inspector, or when replacing production equipment that may affect the level of exposure to harmful or hazardous factors) ( Art. 17 of the Federal Law of December 28, 2013 No. 426-FZ).

We talked in more detail about the procedure for assessing working conditions and certifying workplaces in a separate article.

Job certification: for how many years is it valid?

In general, a special assessment of working conditions in the workplace is carried out at least once every 5 years. This period is calculated from the date of approval of the report on the special assessment (Part 4 of Article 8 of Federal Law No. 426-FZ of December 28, 2013). Thus, the validity period of certification (special assessment) of jobs, as a general rule, is 5 years.

Fine for lack of certification of workplaces 2018

Violation of the procedure for conducting a special assessment of working conditions or its failure to carry out entails (Part 2 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation):

• warning or fine for officials from 5,000 to 10,000 rubles;
• fine for the individual entrepreneur from 5,000 to 10,000 rubles;
• fine for the employer-organization from 60,000 rubles to 80,000 rubles.