Procedure for certification of workplaces. Certification of workplaces has been replaced by a special assessment of working conditions. Why is a Job Evaluation Conducted?

Carrying out certification of workplaces is aimed at preventing accidents at work and occupational diseases of employees of the enterprise, as well as at implementing measures to ensure working conditions in accordance with national regulatory and legal requirements.

Tasks of certification of workplaces:

• study of the influence of harmful factors on human life and health as a result of work activities;
• economic feasibility of using benefits and compensations for harmful working conditions to certain categories of professions;
• development of measures to improve existing working conditions and reduce the detrimental effect on human physical health.

According to Labor Code RF, the Federal Law on Certification of Workplaces, Order of the Ministry of Health No. 342n, employers and organizations are required to conduct an appropriate check and provide their subordinates with safe working conditions.

From January 1, 2014, workplace certification was replaced by a special assessment of working conditions, which will be carried out in accordance with the Federal Law of December 28, 2013 No. 426. This law was adopted by the participants of the State Duma on December 23, 2013 and approved by the Federation Council on December 25. New law establishes legal and organizational bases, as well as the procedure for conducting a special assessment of working conditions and regulates the legislative provision, the rights, obligations and responsibilities of the accomplices of this certification.

Chapter first(Articles 1-7). Basic concepts. Defines:

• the subject of regulation of the current Federal Law;
• regulation of special certification;
• special certification of working conditions;
• rights and obligations of the entrepreneur;
• rights and obligations of employees;
• application of relevant results.

Chapter two. The procedure for conducting a special assessment of working conditions:

• Article 8. Institution that conducts certification;
• Article 9. Preparation for the event;
• Article 10. Authentication of potentially harmful and harmful factors;
• Article 11. Proclamation of the conformity of working conditions;
• Article 12 Research and measurement of working conditions;
• Article 13. Harmful and pernicious factors of the working environment and labor order;
• Article 14. Types of conditions;
• article 15. The results of the attestation;
• article 16. Features of the certification;
• Article 17. Carrying out an unscheduled inspection;
• article 18. Federal nationwide Information system accounting.

Chapter Three(Articles 19-24). Institutions that carry out special assessments of working conditions. This section includes the following organizations:

• expert;
• register of organizations;
• an independent institution that conducts unscheduled certification;
• quality examination;
• guaranteeing the fulfillment of the obligations of all institutions.

Chapter Four(vv 25-28). Final provisions of the law. Regulates:

• nationwide and trade union supervision of compliance with the norms and requirements of the current law;
• disagreement regarding the issues of conducting special certification and improving working conditions;
• transitional provisions;
• the procedure for the entry into force of the law.

Until the end of 2013, the certification procedure was carried out in accordance with the Order of the Ministry of Health of April 26, 2011 No. 342n. However, a new Order of the Ministry of Labor of December 12, 2012 No. 590n was developed, which also entered into force on January 01, 2014.

The procedure for attestation by law

Evaluation of the workplace provides for an objective certification of working conditions. The employer provides all the necessary documentation, guarantees unhindered access to each production area. To carry out attestation actions, it is necessary to take some organizational measures. The employer creates an appropriate committee, and also determines the composition of the governing council. After that, a schedule for the assessment of jobs is drawn up. Terms of implementation are regulated on the basis of special documentation. An agreement is concluded between the employer and the institution regarding the certification.

The statutory certification process is as follows:

• workplaces are established, which may be subject to overall assessment, including Schedule #1 and Schedule #2;
• harmful and harmful factors are determined;
• a review of supporting factors is carried out, namely, guaranteeing the availability of overalls and protective equipment for employees;
• the final document is drawn up, allowing to draw a conclusion about working conditions and, if necessary, establish the types of mandatory benefits and compensations.

Important! The corresponding procedure does not apply to remote employees and individuals who entered into an agreement with an employee, not an entrepreneur.

Law changes

The main change was not only the change of the law, the order of the procedure was significantly changed. And also the responsibility for non-compliance with the norms and requirements established by the legislation of Russia was toughened. Last changes into Federal Law No. 426-FZ of December 28, 2013 “On a special assessment of working conditions” were adopted by the participants of the State Duma on May 1, 2016.

AT new edition The law should highlight the following articles:

Article 10

In this article, clause 1 of part 6 has been changed: "jobs of employees, professions, positions, specialties of which were included in the lists of relevant works, industries, professions, taking into account which the early appointment of an old-age insurance pension is implemented."

Part 7 of Article 14

State as follows: "In agreement with the federal service of the executive board, which performs the functions of organizing and implementing the federal nationwide sanitary and hygienic control, it is allowed to reduce the class and (or) subclass of working conditions by more than 1 step."

Article 17

According to the new edition, unscheduled special certification is carried out within 12 months from the date of occurrence of the cases specified in paragraphs 1, 3 of part one of this article.

Article 18 of Law No. 426

In accordance with the developed innovations, the basis for creating the rights of employees employed in the relevant workplace for the early appointment of an old-age insurance pension.

The main provisions of the new law establish that the assessment of the harmfulness of working conditions is carried out at all workplaces, including places with computers and office equipment. It is mandatory to assign a class of danger and (or) harmfulness.

Download the law on attestation of workplaces

The new version of the law clearly states that the employer is responsible for the implementation of certification, as well as the reliability of providing information to the national labor inspectorate. For non-compliance Russian legislation, responsible persons face administrative liability in the amount of 1,000 to 5,000 thousand rubles. For a similar offense, the relevant authorities have the right to disqualify the employer / organization for a period of one to three years.

Special assessment of labor- this is a single set of consistently implemented measures to identify harmful and (or) hazardous production factors and assess the level of their impact on the employee. According to the results of a special assessment of labor, classes and subclasses of working conditions at workplaces are established.

How to conduct a special assessment of working conditions

The procedure for the new procedure for assessing working conditions is prescribed in the Law of December 28, 2013. The methodology for conducting a special assessment of working conditions was approved by order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n.

Along with this, the results of the certification of workplaces, carried out according to the rules established by the order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 342n, are still valid. In general, the results of certification conducted before January 1, 2014 are valid for five years from the date of completion of this certification (with the exception of cases when a special assessment of the working conditions of workers needs to be carried out unscheduled).

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How to save on a special assessment of working conditions, how to get a REFUND in the FSS

Companies can not every five years

After a special assessment, the company submits to the labor inspectorate. Previously, only places without harmful factors were included in the declaration. Now companies declare jobs with optimal or acceptable working conditions.

The law applies to relations from January 1, 2014. That is, companies have the right to clarify the previously submitted declaration. To do this, fill out a new form, taking into account the changes, and write in the header that this is an updated report.

Declared places can not be re-evaluated. The company will submit a new report, which will be valid for another five years. The benefit is valid on the condition that there will be no accidents and occupational diseases. Otherwise, a new estimate is needed.

Change of full name of the employee, name of the workplace, reorganization of the legal entity

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Special assessment of working conditions

Special assessment of working conditions is a single set of measures to identify harmful and dangerous factors in the working environment and assess the level of their impact on the employee, taking into account the deviation of actual values ​​from the established standards (clause 1, article 3 of the Law of December 28, 2013 No. 426-FZ).

Based on the results of a special assessment, classes and subclasses of working conditions at the workplaces of employees are established (clause 2, article 3 of the Law of December 28, 2013 No. 426-FZ).

According to paragraph 3 of article 3 of the Law of December 28, 2013 no. special assessment working conditions not carried out in a relationship:

• home workers;
• remote workers;
• employees who have entered into labor relations with employers - individuals who are not individual entrepreneurs.

The procedure for conducting a special assessment of working conditions is regulated by the Law of December 28, 2013 No. 426-FZ. Conducting a special assessment in relation to the working conditions of state civil servants and municipal employees may additionally be regulated by federal and regional laws, other regulatory legal acts (clause 4, article 3 of the Law of December 28, 2013 No. 426-FZ).

Even if employees constantly work on the territory of the customer, and not on the territory of the enterprise, organization, it is still necessary to conduct a labor assessment, because this category of employees is not named in the list of employees for whom a special assessment of working conditions is not required. And the list is closed. Therefore, it is necessary to carry out such an assessment, and any employer must do this, without exception (clause 2, article 8 of the Law of December 28, 2013 No. 426-FZ). Otherwise, without conducting a special assessment of labor in relation to such employees, the organization will violate the requirements labor law. This may result in administrative liability.

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Who and when is obliged to conduct a special assessment of working conditions

A special assessment of the working conditions of workers is required to be carried out by all employers, as well as those who have hired employees.

Entrepreneurs without employees are not employers, so they do not need to conduct a special assessment. But as soon as at least one employee appears in the state, the entrepreneur will have to organize a special assessment of the newly created workplace.

Individuals without individual entrepreneur status who have hired employees do not conduct a special assessment.

Note: Article 3 of Law No. 426-FZ.

in the absence during the period of its validity of the circumstances specified in paragraph 5 of this article, the validity of this declaration is considered extended for the next five years.

For 5 years there were no accidents and occupational diseases

Companies can evaluate jobs once with optimal and acceptable working conditions, and not every five years. Further, it is enough to include such places in the declaration of conformity. These and other amendments were introduced by Federal Law No. 136-FZ of May 1, 2016, which has been in force since May 1, 2016.

How to extend the validity of the SOUT declaration: clarifications from the Ministry of Labor

In the absence of accidents at work and identified occupational diseases, the validity of the SOUT declaration is extended for another five years. Should the employer submit labor inspection any documents that will confirm the deadlines for the extension of the declaration and the date of the next special assessment of working conditions? The Ministry of Labor answered this question in a letter dated 08/30/19 No. 15-1 / OOG-1968.

If during the period of validity of the declaration there were no accidents or no occupational diseases were detected, then its validity period is automatically extended for five years. The deadline for conducting a special assessment of working conditions at declared workplaces is also postponed for five years. It is not required to document the terms of the extension of the declaration and the next scheduled special assessment of working conditions.

The new company did not conduct a special assessment

Special assessment needs to be done within six months from the date of commissioning of new jobs. This procedure follows from the provisions of Article 17 of the Law of December 28, 2013 No. 426-FZ.

Labor inspectors fined the company under article 5.27.1 of the Code of Administrative Offenses of the Russian Federation in the amount of 60,000 rubles. because she did not conduct a special assessment. Supreme Court canceled the decision on the fine, because the inspectors did not take into account the specifics of the jobs provided for staffing companies.

1. there are no jobs in the company that need to be assessed as soon as possible. Such jobs are listed in Part 6 of Federal Law No. 426-FZ dated December 28, 2013.
2. the company has no reason to conduct an unscheduled special assessment. It is carried out in cases established by the Federal Law of December 28, 2013 No. 426-FZ.

The judges indicated that the company has the right to conduct a special assessment of its jobs in stages. The main thing is to complete it before December 31, 2018.

Compensations and benefits are established based on the results of the SAUT (Article 7 of the Federal Law of December 28, 2013 No. 426-FZ “On a Special Assessment of Working Conditions”). However, until a special assessment, benefits and compensation for work in hazardous and hazardous conditions set to .

That is, in this situation, there can be solutions to the issue, namely:

1 . Can independently assign working conditions to harmful and establish compensation for employees on the basis of the list approved by the Decree of the USSR State Committee for Labor and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 No. 298 / P-22, and include the appropriate conditions in labor contract. And after a special assessment, the employment contract will need to be amended based on the results of the assessment.

The right to early retirement of an employee depends on 2 conditions:

• recognition based on the results of a special assessment of working conditions as harmful;
• the fact of payment of insurance premiums by the employer.

This rule applies from 01.01.2013. Accordingly, the issue of including the period of work in the preferential service before the SAUT remains controversial, it is likely that the employee will need to defend his right in court. In this connection, SOUT should be carried out as soon as possible. If you indicate in the employment contracts of employees that their working conditions are harmful, you can include these positions in your "List of preferential professions", while you will need to deduct, as if a special assessment was not carried out.

The right to an early insurance old-age pension arises before reaching the retirement age upon certain conditions. Heroine mothers, disabled people, workers and those living in the Far North.

2 . Can specify in the employment contract that working conditions are acceptable, and not to establish compensation, and after a special assessment, amend the employment contract. However, in this case, this period of work will not be included in the length of service giving the right to early retirement.

At the same time, it should be noted that if working conditions are classified as harmful or dangerous, the employee will have the right to receive appropriate compensation from the moment he is hired for this workplace, and not from the moment the special assessment is completed. Accordingly, if an employee, for example, is entitled to additional leave, he will rely on the entire period from the date of admission to this workplace.

Note: Some authors point out that in the absence of attestation of workplaces and a special assessment, data on working conditions at the workplace do not need to be entered into the employment contract. However, this position is contrary to the provisions, according to which data on working conditions are mandatory for inclusion in any employment contract and no suspensive conditions when making these changes to Art. 57 of the Labor Code of the Russian Federation, the legislator did not introduce. From which it follows that the formal absence of a description of working conditions at the employee's workplace is already a violation of labor legislation, for which the employer can be held accountable.

It is necessary to conduct a special assessment of working conditions in temporary or seasonal jobs

A special assessment of working conditions should be carried out even at temporary (created for a period of less than 12 months) or seasonal jobs. The Ministry of Labor of Russia recalled this, as well as when to conduct an assessment, in a letter dated 08.20.17 No. 15-1 / OOG-2410.

At the workplaces of employees, except for homeworkers and "remote workers", a special assessment is carried out without fail. In this regard, the employer must conduct a special assessment, including at temporary or seasonal jobs. This can be done during the period of production activities at such places.

CONDUCTING A SPECIAL ASSESSMENT OF WORKING CONDITIONS AT TEMPORARY WORKPLACES

We look at clause 15 of the Methodology for conducting a special assessment of working conditions, approved by Order of the Ministry of Labor of Russia dated January 24, 2014 N 33n. According to this norm, all research and measurements within the framework of the SUT should be carried out during the implementation of regular production (technological) processes. This means that a SOUT should be carried out at a temporary or seasonal workplace during the period of production activities on it (Letter of the Ministry of Labor of Russia of 06/07/2017 N 15-1 / OOG-1568).

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An organization that conducts a special assessment. Specialized labor appraiser

An organization that conducts a special assessment of working conditions must meet the following requirements:

• she must be independent of the employer;
• in its statutory documents, a special assessment of working conditions should be prescribed as the main activity;
• accredited in the manner prescribed by the order of the Ministry of Health and Social Development of Russia dated April 1, 2010 No. 205n. The list of accredited organizations is published on the official website of the Ministry of Labor of Russia;
• the organization should have at least five experts employees working under an employment contract and having an expert certificate for the right to perform work on a special assessment of working conditions, including at least one expert with higher education in one of the specialties; doctor for general hygiene, doctor for occupational health, doctor for sanitary and hygienic laboratory research;
• In the organisation should be a testing laboratory(center), which is accredited by the national accreditation body of Russia in the manner prescribed by the legislation of the Russian Federation, and the scope of accreditation of which is the conduct of research (testing) and measurement of harmful and (or) hazardous factors of the production environment and labor process.

The procedure for admission of organizations to activities for conducting a special assessment of working conditions, their registration in the register of organizations conducting a special assessment of working conditions, suspension and termination of activities for conducting a special assessment of working conditions of workplaces is established by the Government of the Russian Federation.

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Special Evaluation Commission

To organize and conduct a special assessment of working conditions, the employer needs to create a commission. The number of committee members must be odd. The employer also approves the schedule for conducting a special assessment of working conditions. The composition and procedure for the activities of the commission, the employer approves by order. The commission is headed by the employer or his representative.

The commission for conducting a special assessment of working conditions, as a rule, includes:

• employer representatives. It could be leaders. structural divisions, personnel specialists, medical workers;
• labor protection specialist;
• representatives of the elected body of the primary trade union organization.

The commission is headed by the employer or his representative (clause 4, article 9 of the Law of December 28, 2013 No. 426-FZ).

How to form a special assessment commission for a solo entrepreneur or an organization with one employee-director

If the entrepreneur or organization does not have employees, then it will not be necessary to create a commission at all. When there is at least one employee on the staff, the commission must consist of at least one person.

It is necessary to form a commission only when there is an obligation to conduct a special assessment of working conditions. And this applies to all employers - organizations, entrepreneurs and citizens who have employees. That is, those who work under labor contracts (part 4 of article 20 of the Labor Code).

Therefore, if an entrepreneur works alone and does not have hired staff, then a special assessment is not necessary. The entrepreneur himself is not an employer. Therefore, there is no need to create a commission.

But if an entrepreneur has at least one employee, he is already considered an employer and, therefore, formally there is an obligation to conduct a special assessment. The same applies to an organization that has, for example, one director working on a contract basis. This single employee will be part of the commission that needs to be formed. The minimum number of members of the commission is not established by law, it is only stipulated that there should be odd number . When sole employee is the director, he will head the special assessment commission, as he is the management body of the organization, acting as the employer in labor relations(Clause 2, Article 8, Clause 1, 4, Article 9 of the Law of December 28, 2013 No. 426-FZ, Part 8 of Article 20 of the Labor Code).

Attention: in private explanations, Rostrud specialists allow not to form a commission for conducting a special assessment of working conditions if there is only one employee in the organization. This is logical.

After all, the commission is created precisely so that its members jointly make a decision. And one person makes the decision alone. Therefore, it makes no sense to form a commission. But we note that the law does not directly say this, and there are no official explanations from the department either. To avoid unnecessary disputes with the inspectors, it is still easier to write a "piece of paper" and issue an order for a special assessment, in which the composition of the commission should be described.

If, to perform the functions of the labor protection service, the organization attracts specialists under a civil law contract, then these people will also be part of the commission. And the commission will again be headed by the director - an employee of the organization. This is stated in paragraphs 1, 3 and 4 of Article 9 of the Law of December 28, 2013 No. 426-FZ.

The commission determines the list of jobs and labor assessment criteria for which a special assessment of working conditions will be carried out, indicating similar jobs (clauses 5-7 of article 9 of the Law of December 28, 2013 No. 426-FZ).

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Similar jobs

Workplaces that simultaneously have the following characteristics are recognized as similar:

• 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 production equipment, tools, fixtures, materials and raw materials;
• work in one or more similar premises;
• use of the same type of ventilation, air conditioning, heating and lighting systems;
• the same location of objects (production equipment, vehicles, etc.) in the workplace;
• same endowment personal protection.

When similar jobs are identified, it is sufficient to conduct a special assessment of working conditions in relation to 20 percent of the total number of jobs, but not less than two. The results can then be applied to all identified similar jobs.

For similar workplaces, one card of a special assessment of working conditions is filled out and a single list of measures to improve the working conditions and labor protection of employees is developed.

If in the course of a special assessment of working conditions at least one workplace is identified that does not correspond to the signs of similarity, from among the workplaces previously recognized as similar, then a special assessment is carried out at all workplaces previously recognized as similar.

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The procedure for conducting a special assessment of working conditions

According to Article 8 of the Law of December 28, 2013 No. 426-FZ, a special assessment of working conditions is carried out in accordance with the Methodology approved by the Ministry of Labor of Russia. Assessment frequency: at least once every five years unless otherwise provided by the legislation of the Russian Federation. The specified period is calculated from the date of approval of the report on the special assessment of working conditions.

For some workplaces, a special procedure for conducting a special assessment of working conditions is applied. The list of such jobs was approved by Decree of the Government of the Russian Federation of April 14, 2014 No. 290. And the procedure for conducting a special assessment will be approved by the Russian Ministry of Labor during 2014.

The results of the conducted studies (tests, measurements) are documented in protocols for each of the harmful and (or) dangerous production factors that are subjected to such operations.

According to the results of such studies (measurements), the expert classifies the working conditions in the workplace into the appropriate classes (subclasses).

Is it necessary to conduct a special assessment of working conditions if, as of January 1, 2014, certification of workplaces was carried out in the organization? In general, you don't need to. If prior to January 1, 2014, the organization carried out certification of workplaces in terms of working conditions, then, in general, a special assessment of working conditions in relation to such workplaces can not be carried out within five years from the date of completion of this certification. The results of this certification of workplaces can be used for the purposes of a special assessment of working conditions. That is, if a planned certification was carried out in an organization, for example, in 2013, then working conditions will need to be assessed according to the new rules only in 2018. The exceptions are cases when the employer needs to carry out unplanned new estimate(Clause 1, Article 17 of the Law of December 28, 2013 No. 426-FZ).

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Staged special assessment of working conditions, assessment for temporary jobs

For some jobs, the special assessment may be carried out in stages. These are the jobs:

• employees whose professions, positions and specialties are not included in the lists, taking into account which an early retirement retirement pension is assigned;
• working conditions that are not recognized as harmful or dangerous.

It is necessary to complete a phased special assessment by December 31, 2018 (part 6 of article 27 of the Law of December 28, 2013 No. 426-FZ).

The phased approach involves conducting a special assessment in relation to not all jobs at once, but only a part of them. The list of such jobs is determined by the commission.

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Unscheduled special assessment of working conditions

Article 17 of the Law of December 28, 2013 No. 426-FZ says that an unscheduled special assessment of working conditions should be carried out in the following cases:

1. commissioning of newly organized jobs;
2. obtaining an order from the state labor inspector to conduct unscheduled evaluation in connection with violations revealed during the inspection by the labor inspectorate;
3. changes in the technological process, replacement of production equipment that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
4. changes 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;
5. changes in the means of individual and collective defense, capable of influencing the level of exposure to harmful and (or) hazardous production factors on workers;
6. 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;
7. 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.

An unscheduled special assessment of working conditions is carried out at the respective workplaces within 12 months from the date of occurrence of the cases from paragraphs 1 and 3. If we are talking about circumstances from paragraphs 2, 4–7, then an unscheduled special assessment is carried out within six months from the date of the relevant circumstances.

If the surname (first name, patronymic) of the employer-entrepreneur has changed or the employer has been reorganized and the events from paragraphs 3-5 and 7 have not occurred, the special assessment can be omitted.

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Special assessment of working conditions: is it necessary to carry out at temporary jobs

At a newly organized workplace, an unscheduled special assessment of working conditions should be carried out. Moreover, it does not matter for how long this job is created. Letter of the Ministry of Labor of 06/07/2017 No. 15-1 / OOG-1568

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

The employer is obliged to familiarize employees with the results of a special assessment of working conditions at their workplaces against signature. This must be done within thirty calendar days from the date of approval of the report on the special assessment of working conditions, no later. This period does not include periods of temporary disability of the employee, being on vacation or business trip, as well as periods of rest between shifts.

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Use of evaluation results

What should an employer do based on the results of a special assessment of labor? Based on the results of the approval of the special assessment report, the employer will need to:

• familiarize employees with the results of the assessment (clause 4, part 2, article 4 of Law No. 426-FZ);
• post the results on your website if available (part 6 of article 15 of Law No. 426-FZ);
• report to the FSS information on the results of the special assessment (clause 18, clause 2, article 17 of the Federal Law of July 24, 1998 No. 125-FZ “On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases”).

If the company has conducted a special assessment, it may have to make changes to employment contracts with employees.

It is necessary to amend the employment contract with the employee if the working conditions at his workplace have changed. For example:

1. when concluding an employment contract, working conditions were optimal or acceptable (confirmed by the results of attestation of workplaces), and according to the results of a special assessment, they were recognized as harmful or dangerous;
2. working conditions were harmful or dangerous (confirmed by the results of attestation of workplaces), and according to the results of a special assessment, they were recognized as optimal or acceptable.

In the first case, the employer is obliged to provide the employee with guarantees and compensation for work in new working conditions, and in the second case, the employee is deprived of guarantees and compensation for working in harmful or dangerous working conditions.

How to properly draw up an additional agreement with employees who have identified harmful working conditions?

The organization in the described situation must conclude additional agreements to employment contracts with employees. Reflect in them: a description of working conditions in the workplace, working hours, increased wages for working in harmful conditions, the procedure for granting and the duration of additional paid leave; provision of therapeutic and preventive nutrition, mandatory medical examination etc.

How to correctly issue an order for the organization on the results of the conducted SOUT

There are no requirements in the Law on the content of the order, which is issued based on the results of a special assessment. Therefore, the company has the right to reflect in it the information that it deems necessary.

In certain cases, employers must declare that their workplaces comply with established rules and regulations and are not harmful or dangerous to employees. That is, if at the stage of IDENTIFICATION of potentially harmful and (or) hazardous production factors (see above the stages of the special assessment of working conditions) their presence is NOT DETECTED, then it will be necessary to issue a declaration of compliance with working conditions (part 1 of article 11 of Law No. 426-FZ). and the procedure for filling it out were approved by order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n, which came into force on June 8, 2014.

Attention!

If when establishing according to the results of research (tests) and measurements of harmful and (or) hazardous production factors at workplaces of optimal and acceptable working conditions(grades 1 and 2, respectively) declaration of compliance with working conditions with state regulatory requirements is not carried out ().

In accordance with Article 7 of the Law of December 28, 2013 No. 426-FZ, the results of a special assessment can be used, in particular, for the following purposes:

• development and implementation of measures to bring working conditions in line with the regulatory requirements of labor protection;
• providing employees with personal protective equipment, as well as collective protective equipment;

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   Based on the results of a special assessment of labor, employers submit a declaration. The sample and form of such reporting and the procedure for filling it out were approved by order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n.

Assessment of workplaces

A set of measures taken to assess working conditions at workplaces, identify harmful and dangerous production factors, as well as bring working conditions in line with established requirements legislative acts Russian Federation.

All workplaces of an employer duly registered as an individual entrepreneur or legal entity are subject to certification of workplaces.

Certification of workplaces is carried out by the head of the company together with the certification organization involved in work under a civil law contract. The certifying organization can only be accredited in the prescribed manner entity, which provides services for assessing workplaces in terms of working conditions. The attesting organization must be independent in relation to the employer, at whose workplaces the attestation is carried out.

Effective September 1, 2011 new order certification of workplaces according to working conditions. In accordance with the new law, from September 1, 2013, companies located in the Russian Federation and which have not passed certification (re-certification) of workplaces will be subject to penalties, up to and including the suspension of the company's activities.

Functions of the certifying organization

• management and control over all stages of certification;
• formation of a package of documentation necessary for certification and organization of its study;
• compiling a list of workplaces of the organization with the allocation of similar workplaces, indicating the labor process and factors of the working environment, injury hazard and provision of workers with personal protective equipment;
• preparation of proposals for bringing the names of positions and professions of employees of the organization in accordance with the requirements of the Unified Tariff and Qualification Directory of Workplaces;
• assigning an individual number to each workplace;
• signing and filling out attestation cards;
• preparation of proposals for amendments and additions to the employment contract (if necessary);
• development of a plan to bring working conditions in line with the requirements of state legal acts in the field of labor protection.

The procedure for attestation of workplaces for working conditions

To organize and conduct certification, the head of the organization creates certifying commission, and also establishes a schedule for the assessment of jobs in terms of working conditions. The composition of the certification committee includes:

• representatives from the employer;
• labor protection specialist;
• representatives from the trade union organization;
• representatives from the certifying organization;
• the chairman of the attesting commission is a representative of the employer.

The procedure for attestation of workplaces for working conditions is defined in the Order of the Ministry of Health and Social Development of Russia No. 342n “On approval of the procedure for attestation of workplaces for working conditions” dated April 26, 2011 and involves a comprehensive assessment of working conditions in accordance with the following requirements:

• assessment of compliance of working conditions with hygienic requirements;
• assessment of injury risk in the workplace;
• assessment of the provision of employees with personal protective equipment;
• comprehensive assessment of working conditions.

Terms of certification of workplaces

The date of commencement of the certification is the issuance of the order of the head of the organization on the assessment of workplaces in terms of working conditions, as well as the approval of the certification schedule. Certification of newly created jobs should be carried out no later than 60 days after they are put into operation. Certification of workplaces should be carried out at least once every five years from the date of the previous certification in terms of working conditions.

Registration of the results of certification of workplaces according to working conditions

The results of the attestation of workplaces at the enterprise are drawn up by the attestation commission in the form of an attestation report, which includes:

• order on the approval of the certification commission and the schedule of events;
• list of jobs subject to certification;
• job attestation cards;
• summary sheet on the results of attestation of workplaces;
• general table of classes of working conditions;
• action plan and measures to improve working conditions;
• minutes of the meeting of the attestation commission on the results of the attestation of workplaces at the enterprise;
• information about the attesting company (including copies of the accreditation certificate and decisions on entering into the register of accredited organizations providing services for attestation of workplaces);
• minutes of meetings of the attestation commission;
• conclusion based on the results of the state examination of working conditions (if available);
• instructions officials about the revealed violations of working conditions (if available).

Use of attestation results

The results of workplace certification are used for the following purposes:

• development and implementation of measures to improve working conditions, as well as bringing them into line with current legislative acts in the field of labor protection;
• establishing for employees employed in hazardous industries a reduction in the length of the working day, annual additional paid leave and an increase in wages;
• informing employees about harmful production factors and health risks, as well as about protection measures and compensation;
• control over the state of working conditions in the workplace;
• production risk assessment;
• providing employees with personal protective equipment;
• preparation of statistical reports on working conditions and compensation for work at hazardous production facilities;
• preparation of a list of names of employees subject to mandatory medical examinations;
• calculation of discounts to the insurance rate in the system of mandatory social insurance workers from occupational diseases and accidents at work;
• consideration of disagreements and issues related to ensuring the safety of employees in the workplace;
• substantiation of labor restrictions for certain categories of workers;
• medical and sanitary support for employees in accordance with the requirements of labor protection;
• bringing the names of professions in line with the names specified in the Unified All-Russian classifier working professions, positions and wage categories;
• substantiation of financing measures to improve working conditions in the workplace.

Terms of approval and registration of attestation of workplaces

After registration of the results of the certification of workplaces in the organization, the certification commission considers it, within 10 days after receipt, signs the final protocol and sends it along with the report to the head or representative of the company. The employer, within 10 days from the date of transfer of the report and protocol to him, is obliged to issue an order to complete the certification of workplaces for working conditions and familiarize all employees of the organization with it against signature. After the certification and issuance of the order, the employer is obliged to submit a report in electronic and paper form to the state labor inspectorate in the constituent entity of the Russian Federation within ten days.

Carrying out unscheduled certification of workplaces

Unscheduled certification of workplaces is carried out in the following cases:

• commissioning of newly organized jobs;
• as a result of the state examination of working conditions, carried out in order to assess the quality of the certification of workplaces;
• implementation of measures to bring working conditions at the enterprise in line with current regulations in the field of labor protection, as well as the improvement of working conditions;
• replacement of production equipment;
• change in the technological process;
• replacement of means of collective protection.

Carrying out and processing the results of unscheduled certification of workplaces is carried out according to the same requirements that apply to the conduct of the main - scheduled certification of workplaces in terms of working conditions.

see also

Notes

Links

• Order of the Ministry of Health and Social Development of the Russian Federation (Ministry of Health and Social Development of Russia) dated April 26, 2011 N 342n Moscow "On Approval of the Procedure for Certification of Workplaces for Working Conditions"

Wikimedia Foundation. 2010 .

See what "Certification of jobs" is in other dictionaries:

Check for compliance with current regulatory parameters of the workplace. Dictionary of business terms. Akademik.ru. 2001 ... Glossary of business terms

Assessment of workplaces Encyclopedia of Law

ASSESSMENT OF WORKPLACES- checking for compliance with the regulatory parameters of a particular workplace, scoring the results of this verification and developing measures to improve workplaces ... Big Economic Dictionary

ASSESSMENT OF WORKPLACES- - assessment of jobs based on a set of technical, economic and organizational indicators to develop a plan of organizational and technical measures to ensure their compliance modern requirements to working conditions and in the case of ... ... Economist's Concise Dictionary

Assessment of workplaces- see Safe working conditions... Big Law Dictionary

ASSESSMENT OF WORKPLACES- checking for compliance with current regulatory parameters of the workplace ... Encyclopedia of labor law

Certification of workplaces according to working conditions- assessment of working conditions at workplaces in order to identify harmful and (or) dangerous production factors and take measures to bring the UT in line with state regulatory requirements for OT. In accordance with Art. 209 TK… … Russian encyclopedia of labor protection

Certification of workplaces according to working conditions- assessment of working conditions at workplaces in order to identify harmful and (or) dangerous production factors and take measures to bring working conditions in line with state regulatory requirements for labor protection. ... ... Official terminology

certification of workplaces according to working conditions- 3.4 certification of workplaces for working conditions: Assessment of working conditions at workplaces in order to identify harmful and (or) dangerous production factors and take measures to bring working conditions in line with state ... ... Dictionary-reference book of terms of normative and technical documentation

From January 1, 2014, in accordance with the Federal Law of the Russian Federation No. 426-FZ of December 28, 2013, the attestation of workplaces was replaced by a special assessment of working conditions. Due to the lack of experience and the lack of the necessary equipment, many enterprises do not have the opportunity to carry out certification of workplaces for working conditions on their own, which is why they turn to specially created services, among which the SOTARM company is included.

By contacting SOTARM for certification of workplaces in terms of working conditions, you can count on the following benefits:

• Exact match of test results state norms and standards;
• Identification of all harmful factors affecting the health and safety of personnel working at their workplaces;
• Drawing up the most optimal and effective plan to improve working conditions;
• Free consultation on possible measures aimed at reducing production risks.

The importance of certification work

Carrying out attestation of workplaces in terms of working conditions in the organization is aimed at ensuring that the working conditions of working personnel comply with state requirements. Timely identification of unsafe and harmful factors makes it possible to reduce the risk of injury to employees, and in case of detection of hazardous production, compensate the employee for harm to health by providing additional holidays, departure to sanatoriums, cash prizes, etc. ways. An employer who has attested workplaces reduces the risks of criminal and administrative penalties in the event of accidents at work that caused injury or death to an employee.

With the tightening of laws and the increase in fines for violating the working conditions of employees, certification of working conditions is becoming increasingly relevant. Using the services of SOTARM, you will not only be able to assess the compliance of the working conditions of your employees with the required standards and norms, but also quickly develop a set of measures to improve these conditions. Also, certification of workplaces will avoid possible fines and sanctions from government agencies supervision.

The cost of certification of jobs

The price of certification of workplaces for working conditions depends on following factors:

· The total number of jobs in the enterprise, as well as the number of jobs that are exactly the same in terms of their functions;

· Features and specifics of the enterprise;

· Quantity of the used equipment at the enterprise and their characteristics;

· The number of measured parameters in the certification process;

· The need for a plan to modernize workplaces to ensure they meet government regulations.

The cost of certification of workplaces in the company "SOTARM" is one of the most affordable, this is due to the use of highly efficient equipment and extensive experience of employees, which allows you to perform the whole range of certification work in as soon as possible. All specialists of our company have the appropriate education and work experience of more than 3 years in their positions, and also regularly take refresher courses and knowledge testing.

Our company conducts certification of workplaces in Moscow and throughout Russia of organizations in various fields of activity - household, industrial, educational, etc. In the process of certification, all the features of the organization's activities, as well as the specifics of the work of personnel, are taken into account, which allows us to determine with the greatest accuracy the compliance with the conditions labor to the required standards. Our main task is to find solutions and their implementation aimed at reducing the price of workstations, as well as drawing up an action plan to improve working conditions with minimal time and material costs.

Frequency of certification of workplaces

Certification of workplaces for working conditions (AWP) should be carried out at least once in a five-year period. During the five-year period, the employer himself has the right to choose at what time it is more convenient for him to conduct the next inspection. The starting point of the new period will be the end date of the previous check, which is specified in the order "On the completion of certification of workplaces for working conditions." Date next check the date of publication of the order "On the formation of a new commission and the approval of the certification schedule" will be considered.

The same happens with unscheduled certification of workplaces, which is carried out in cases where new workplaces, new equipment have appeared at the enterprise, or collective protective equipment has changed. Then, within a period of at least 60 working days, the employer must proceed to the certification of new jobs. An unscheduled workstation can be carried out both on a mandatory basis and at the initiative of the employer.

The task of any enterprise is to ensure safe working conditions for its employees, it is for the organization to comply with these conditions that a set of documents on labor protection is used. The SOTARM company provides certification services for labor protection, which allows management to avoid the consequences of non-compliance with safety standards at the enterprise. The certification procedure for labor protection must be mandatory for all employees, as well as the management team. Additional certification measures are provided for when employees are hired, change their type of activity or go on a business trip.

Before passing the certification, all employees of the company must study the code normative documents on labor protection, which includes requirements for the condition of workplaces, overalls, hygiene standards, conditions for granting holidays, rules for passing a medical examination and other regulatory forms. Knowledge in these areas will help the employee to safely perform their job duties, avoid accidents, reduce health damage in case of work in hazardous conditions, know and use their rights to provide benefits, time off and vacations, and successfully pass certification. Our company not only carries out certification of employees and management personnel, but is also ready to conduct training on labor protection.

Benefits of working with SOTARM

2. 212-FZ "On insurance premiums to the Pension Fund"

3. Order of the Ministry of Health and Social Development No. 342n "On approval of the procedure for conducting AWP on working conditions"

4. Draft Federal Law "On Amendments to 426-FZ"



Object types

Arm in the office

Arm at school

Arm in a medical institution

Arm in production

Arm in the store

AWP in a private security company

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Feedback from our clients

A. A. Minaev

Cooperation with your company has shown the high professional level of your employees. I would like to note the competent work of experts, the well-coordinated work of specialists and the high professional level of the company as a whole.

We look forward to a long and fruitful collaboration with your company.

General Director A.N. Pischurov

to CEO SOTARM LLC
Minaev A.A.
In the course of the Special Assessment of Working Conditions (SOUT) in our company ASTRAYA LLC, I would like to note the competent work of experts, the high level of specialists. Employees of SOTARM LLC are polite, pleasant in communication, always ready to give additional explanations.

Sincerely,
Director of ASTRAYA LLC Safronov D.P.

General Director of SOTARM LLC
Minaev A.A.

In accordance with the terms of the Agreement, in 2016, SOTARM LLC carried out work on a special assessment of working conditions at the workplaces of MUP AiG.
The work was performed at a high level in accordance with the Federal Law No. 426 "On a special assessment of working conditions" dated December 28, 2013. Based on the results, reporting documentation was received, prepared on the basis of the results of the work and executed in accordance with the current legislation.
We express our gratitude to SOTARM LLC for the professional solution of issues that arose in the course of our joint work.
We are satisfied with the work performed by the specialists of SOTARM LLC and are ready to recommend this company as a reliable and responsible partner.

And about. director E.M. Gorokhov

General Director of SOTARM LLC
Minaev A.A.

Dear Andrey Anatolyevich!

In December 2016, SOTARM LLC conducted a special assessment of working conditions in the private institution Atomstandard.

The specialists of SOTARM LLC showed high professionalism and efficiency in solving the tasks. A favorable impression was made by the willingness of employees to respond quickly to circumstances. This confirms that SOTARM LLC has an extensive practice in conducting SOUT and uses an individual approach when working with clients.

The works were carried out in accordance with the current legislation. A good presentation of the results of the work carried out was noted.

We are satisfied with the work of SOTARM LLC and are ready to recommend this company as a reliable and responsible partner.

Respectfully,

Director V.V. Morozov

General Director of SOTARM LLC
Minaev A.A.

In the course of the Special Assessment of Working Conditions (SUT) in our enterprise (JSC MKB DOM-BANK), the competent work of experts and the high level of specialists were noted.
All work completed on time and necessary materials presented in accordance with the requirements of Federal Law No. 426-FZ dated October 28, 2013 “On Special Assessment of Working Conditions”.
We hope for long-term fruitful work in the future.

Sincerely,

Executive Director of JSC MCB "DOM-BANK" S.B. Rygin

Gratitude

Federal Autonomous Institution "Center for Development and Provision space activities» The Ministry of Defense of the Russian Federation expresses its gratitude to SOTARM LLC for the high-quality conduct of a special assessment of working conditions

Head of the Federal autonomous institution"Center for the Development and Support of Space Activities" of the Ministry of Defense of the Russian Federation

M. Surikov

Thank You Letter

Society with limited liability"Usinsk Road Repair and Construction Department" expresses its deep gratitude and sincere gratitude to the staff of the Limited Liability Company "Service for Labor Protection and Certification of Jobs" for mutually beneficial cooperation, conscientious attitude and professionalism, manifestation during work on a special assessment of working conditions at our enterprise.
We express special gratitude to the experts Komarova Maria Vitalievna and Titor Andrey Gennadievich, who were directly involved in the study and analysis of harmful, dangerous factors in the production environment and the labor process for their serious and thoughtful attitude to work.
We highly appreciated the joint work with your company,
We wish you and your company success and prosperity,
economic and financial well-being.
We express confidence in maintaining the existing friendly
relations and look forward to further
mutually beneficial and fruitful cooperation.
Sincerely,
Director of LLC "Usinskoye DRSU" Slasten I.A.

General Director of SOTARM LLC
A.A. MINAEV

Dear Andrei Anatolyevich!

Non-governmental institution The editorial office of the newspaper of the Parliamentary Assembly of the Union of Belarus and Russia "Soyuznoe Veche" expresses gratitude to the employees of the company "SOTARM" LLC for the prompt and high-quality work on conducting a special assessment of working conditions, the high level of experts of the organization.
All work was completed on time. Reporting materials are presented in accordance with the requirements of the Federal Law of October 28, 2013 No. No. 426-FZ "On a special assessment of working conditions".
We are ready to recommend SOTARM LLC as a reliable and obligatory partner working at a high professional level.
We hope for long-term fruitful work in the future.

Sincerely,

Chief editor L.P. Rakovskaya

General Director of SOTARM LLC
Minaev A.A.

GRATITUDE

In the course of the Special Assessment of Working Conditions (SUT) in our enterprise LLC "Center" Second birth ", competent work of experts, a high level of specialists were noted. We hope for long-term fruitful work in the future.

General Director Romanyuk E.V.

General Director of SOTARM LLC
Minaev A.A.

Dear Andrey Anatolyevich!

The management of RB Logistics LLC expresses its gratitude to the employees of SOTARM LLC for the prompt and high-quality work on conducting a special assessment of working conditions. I would like to note the competent work and the high level of the organization's experts.

We are ready to recommend SOTARM LLC as a reliable and obligatory partner working at a high professional level.
We hope for long-term fruitful work in the future.

Sincerely,

General Director A.A. Budkin

General Director of SOTARM LLC
Minaev A.A.

Dear Andrey Anatolyevich!

The management of OPTIKOM Region LLC expresses its gratitude to the employees of SOTARM LLC, the head of the laboratory Maksemenyuk E.V. for the prompt and high-quality work on conducting a special assessment of working conditions. A favorable impression was made by the willingness of employees to respond quickly to circumstances.
All work was completed on time, and the necessary materials were submitted in accordance with the requirements of the Federal Law of October 28, 2013 No. 426-FZ “On Special Assessment of Working Conditions”.
We are ready to recommend SOTARM LLC as a reliable and obligatory partner working at a high professional level.
We hope for long-term fruitful work in the future.

Best wishes to you and your organization
Art. shift S.N. Sirotkin

General Director of SOTARM LLC
Minaev A.A.

Dear Andrei Anatolyevich!

We thank the staff of SOTARM LLC for the service of conducting a special assessment of working conditions in our organization. It was very pleasant to feel the efficiency and technically competent attitude to work on the part of the employees of your company during the entire period of our cooperation.
I would like to especially note the head of the testing laboratory Elena V. Maksemenyuk and specialist Victoria Biryukova. I thank them for their professionalism and sensitive attitude in resolving all the issues that arose.

We hope for further cooperation with you and your company.

CEO
Mosexpert LLC A.L. Voronin

General Director of SOTARM LLC
Minaev A.A.

Dear Andrey Anatolyevich!

The management of the Central Branch of Metal Profile Company LLC expresses gratitude to the employees of SOTARM LLC for the prompt and high-quality work on conducting a special assessment of working conditions. I would like to note the competent work and the high level of the organization's experts.
All work was completed on time, and the necessary materials were submitted in accordance with the requirements of the Federal Law of October 28, 2013 No. 426-FZ “On Special Assessment of Working Conditions”.
We are ready to recommend SOTARM LLC as a reliable and obligatory partner working at a high professional level.

We hope for long-term fruitful work in the future.

Sincerely,

Branch Director L.A. Mikhailov

General Director of SOTARM LLC
Minaev A.A.

Dear Andrey Anatolyevich!

The management of Brunel Rus LLC expresses its gratitude to the employees of SOTARM LLC for the prompt and high-quality work on conducting a special assessment of working conditions. During the execution of the work, the specialists of SOTARM LLC were attentive to all the needs of our company and quickly found the best solutions to the questions that arose. I would like to note the competent work and the high level of the organization's experts, as well as their conscientious attitude to business.
All work was completed on time, and the necessary materials were submitted in accordance with the requirements of the Federal Law of October 28, 2013 No. 426-FZ “On Special Assessment of Working Conditions”.
We are ready to recommend SOTARM LLC as a reliable and obligatory partner working at a high professional level.

We hope for long-term fruitful work in the future.

Sincerely,
Brunel Rus LLC General Director Andrea Lukkin

General Director of SOTARM LLC
Minaev A.A.

Dear Andrey Anatolyevich!

The management of Leogon Trading LLC expresses its gratitude to the employees of SOTARM LLC for the timely and high-quality work on conducting a special assessment of the pile conditions. I would like to note the competence and literacy of the experts of the organization.
All work was completed on time, and the materials were submitted in accordance with the requirements of the Federal Law of October 28, 2013 No. 426-FZ "On a special assessment of working conditions."
We are ready to recommend SOTARM LLC as a reliable and obligatory partner working at a high professional level.

We look forward to successful fruitful work in the future.

Sincerely,

Director S.V. Lyulikova

General Director of SOTARM LLC
Minaev A.A.

Dear Andrey Anatolyevich!

The management of GE Project LLC expresses gratitude to the employees of SOTARM LLC for the prompt and high-quality work on conducting a special assessment of working conditions. I would like to note the competent work and the high level of the organization's experts.
All work was completed on time, and the necessary materials were submitted in accordance with the requirements of the Federal Law of October 28, 2013 No. 426-FZ “On Special Assessment of Working Conditions”.
We are ready to recommend SOTARM LLC as a reliable and obligatory partner working at a high professional level.
We hope for long-term fruitful work in the future.

Sincerely,
Head of GE Project LLC A.A. Zuikin

General Director of SOTARM LLC
Minaev A.A.

Dear Andrey Anatolyevich!

The management of GBPOU MO "Roshal Technical School" expresses gratitude to the employees of the company "SOTARM" LLC for the prompt and high-quality work on conducting a special assessment of working conditions. I would like to note the competent work and the high level of the organization's experts.
All work was completed on time, and the necessary materials were submitted in accordance with the requirements of the Federal Law of October 28, 2013 No. 426-FZ “On Special Assessment of Working Conditions”.
We are ready to recommend SOTARM LLC as a reliable and obligatory partner working at a high professional level.
We hope for long-term fruitful work in the future.

Sincerely,

Director of the technical school V.Yu.Kashlev

General Director of SOTARM LLC
A.A. Minaev

Dear Andrey Anatolyevich!

The management of JSC "Economic Department of VDNKh" expresses its gratitude to the employees of the company "SOTARM" LLC for the prompt and high-quality work on conducting a special assessment of working conditions and the high level of the organization's experts.
All works were completed on time, the materials were submitted in accordance with the requirements of the Federal Law of October 28, 2013 No. 426-FZ “On a special assessment of working conditions”.
We are ready to recommend SOTARM LLC as a reliable and obligatory partner working at a high professional level.
We look forward to long-term and fruitful work in the future.

Director A.V. Korolev

General Director of SOTARM LLC
Minaev A.A.

Dear Andrey Anatolyevich!

The management of Ramenskaya Teploset JSC expresses gratitude to the employees of SOTARM LLC for the prompt and high-quality work on conducting a special assessment of working conditions. I would like to note the competent work and the high level of the organization's experts.
All work was completed on time, and the necessary materials were submitted in accordance with the requirements of the Federal Law of October 28, 2013 No. 426-FZ “On Special Assessment of Working Conditions”.
We are ready to recommend SOTARM LLC as a reliable and obligatory partner working at a high professional level.
We hope for long-term fruitful work in the future.

Sincerely,
General Director A.M. Sinitsky

General Director of SOTARM LLC
Minaev A.A.

Dear Andrei Anatolyevich!

The management of JSC "OptiCom" expresses its gratitude to the employees of the company "SOTARM" LLC for the prompt and high-quality work on conducting a special assessment of working conditions.
We note that the results of the work of SOTARM LLC on SOUT provided to us meet the high quality standards in this area.
Separately, I would like to thank the head of the laboratory Maksemenyuk E.V. and employees who performed the work under the contract with high quality and on time, promptly and competently resolved all the issues that arose, both at the stage of the SOUT and after its completion, as well as to note their high level of communication culture with customer representatives, sociability and professionalism.
We wish you and your company new achievements and financial prosperity.

Sincerely,
Head of the warehouse complex M.Yu. Chistov

Not so long ago, personnel specialists doubted whether certification of workplaces was mandatory or not. There were exceptional separate categories, but any other place had to go through such a procedure. In 2013, a new legislative act was introduced, which abolished the mandatory procedure. Currently, it is necessary to make a special assessment of working conditions - SOUT. It is regulated by the Federal Law, issued at the end of December 2013 under the number 426. SOUT becomes the responsibility of any law-abiding employer.

Question Features

According to the current legislation, the SOUT is somewhat different from the previous procedure for attesting workplaces in terms of working conditions. A number of regulations have also been changed, including punishment for non-compliance with existing rules. If the company refuses to carry out the SOUT, an administrative fine will have to be paid - the prices have become higher compared to the previous rules. If an accident occurs at work, the perpetrator will have to answer to the fullest extent of the criminal law. This is further clarified in the 421st federal law.

Before personnel service almost never doubted whether certification of workplaces was mandatory or not: the law stipulated the fact of such an event, and the employer was responsible for it. Obligations were fixed by a collection labor laws, namely the 212th article. Since 2014, enterprises must organize SOUT. Amendments on this issue were included in the TC. At the moment, in this legislative collection you can’t find the phrase “attestation of the workplace” at all.

In the 426th Federal Law, you can find the definition of SOUT and the rules that govern the procedure for holding an event. According to the current regulations, the assessment is a complex procedure consisting of successive measures to identify dangerous, harmful factors in production. Specialists must assess how great the level of their influence on the employed. The results of the assessment make it possible to attribute a specific place to a class, subclass.

Responsibility and roles

The law, which tells whether certification of workplaces is mandatory or not, also declares who is responsible for organizing research procedures within the framework of the SUT. Special assessment is the responsibility of the employer. This is explained in detail in the updated edition of article 212 of the code of laws governing working relations. In addition, the obligations to conduct a SATS are stipulated in the first part of the eighth article of the Federal Law 426. Any enterprise, even an individual entrepreneur, is obliged to conduct a SATS if it employs personnel.

Whether certification of workplaces is mandatory or not is indicated by legislation that pays attention to how many people work in a company. So, if an entrepreneur does not hire anyone from outside, he does not receive the status of an employer. As a consequence, it is not obligated to conduct a special assessment. As soon as a decision is made to hire staff, even if it is only one person, you will have to turn to the laws to understand the rules for conducting the SOUT, and carry out this event regarding a new workplace. It is not necessary to organize an assessment if a person is hired by an individual who does not have an entrepreneurial status at all. Such rules are stipulated by the 426th federal law, namely the third article.

Where and how do we work?

Today, there is no certification of workplaces for working conditions, its place has been taken by assessment, and the rules for organizing such an event are largely determined by which workplace needs to be investigated. For some specific places, the law stipulates specialized rules. The list (which included a description of the assessment procedure) of jobs assessed according to the old rules is somewhat different from the current one. Previously, it was only necessary to certify places where an employee used hand tools, units and apparatus, machines and installations, and transport. In a word, any potentially dangerous item has already become a reason for organizing certification. There are no such restrictions for SUT. This procedure should always be carried out, regardless of the presence of a source. potential danger at work.

Previously, personnel officers, figuring out whether it is necessary to carry out certification of workplaces, practically did not pay attention to where it is located: on the territory of the enterprise or a person works remotely, from home. Previously were common grounds for remote and in-company workers, but current legislation does not require an assessment of the working conditions for people who work at home, i.e. work remotely.

And we are in the office!

Previously, personnel officers were worried about whether certification of workplaces is mandatory if they are organized in an office space. The Ministry of Labor even issued special explanations - however, after their publication, many still had ambiguities. At the moment, there are no grounds for discrepancies in principle. The current legislation does not contain any exceptions, as a result, a specialized assessment is necessary always and everywhere, even when it comes to office space.

Is it often?

current legislation clarifies whether certification of workplaces is mandatory (no), whether a special assessment is needed (yes), and also regulates the frequency of such studies. In general, the event should be organized once every five years or more often. If the place has already passed the attestation procedure, it is allowed to conduct a special assessment five years after the attestation date. There are some specialized cases that require an unscheduled assessment. The most characteristic situation is the introduction of a new workplace. You will also have to organize an assessment if the technological process, in the work they begin to use different compositions or other innovations are practiced, potentially correcting the strength of the production factor, the risks pursuing workers.

Previously conducted certification of workplaces for harmful conditions labor and the modern procedure of SOUT have a number of things in common. In particular, if an accident occurs at work, it is imperative to organize an assessment. It is required if the employee has an occupational disease. Before starting the SATS, it is necessary to confirm that the disease or accident is due to harmful working conditions. Sometimes an unscheduled inspection is organized if the enterprise receives a thematic prescription from state authority responsible for working conditions. Perhaps supplemented by explanations of why an assessment is needed, the union's proposal. If it comes from primary organization, the company does not have the right to refuse the assessment.

Where does it all start

In 2017, the mandatory certification of workplaces was already abolished, and it was replaced by the SOUT. As in 2017, this year the responsibility for organizing and holding the event rests entirely with the employer. To start the special assessment procedure, first of all, it will be necessary to issue an order to convene the commission responsible for the procedure. Also choose a third-party legal entity that has the right to conduct an assessment and a license confirming it. They enter into an agreement with the company that regulates mutual work. As a rule, a civil law contract is drawn up as the simplest and most convenient for this purpose.

The commission must necessarily include a representative of the employer, a person from the trade union organization, if there is one in the company, and a third-party or employed by the enterprise employee responsible for labor protection. In the case when an assessment is required for a small enterprise, the commission necessarily includes a head, an individual entrepreneur. The head of the commission is either a representative of the enterprise, or the very person who gives jobs to the staff.

With whom to cooperate?

The Labor Code, which previously explained when and in what cases mandatory certification of workplaces is required, now declares the rules for organizing the assessment of the workspace. According to regulations, for this it is necessary to involve a third-party legal entity. It is he who is responsible for directly assessing the workplace. The enterprise should specialize in SOUT. This fact is declared by the statutory documents. In addition, it must have at least five experts in the field of SUT who have received a certificate of the established form confirming their right to conduct assessment work. According to the law, one of these five must specialize in general hygiene matters or have the specialization of an occupational hygienist or a doctor in the field of laboratory research dedicated to sanitation and hygiene at the surveyed object.

In order to organize a full-fledged and compliant SOUT, which replaced the certification of workplaces in terms of working conditions, you should definitely be able to resort to laboratory services. To do this, the company must have its own testing laboratory. This is first accredited in order to confirm the fact that it is applicable to assess the danger, harmfulness production factors, workflow.

Everything is official

Previously, it was possible to find out who conducts the certification of workplaces from special lists. Currently, information on the list of companies entitled to conduct a special assessment is more relevant for entrepreneurs. Specialized lists are also maintained to account for them. Any enterprise that has received a license, recruited the appropriate staff and has a laboratory can start its activities only after being included in the register.

Previously, when choosing who conducts the attestation of workplaces, it was necessary to find a third-party person not associated with the enterprise under study. Currently, these standards have not changed. A special assessment must be carried out by an independent company. Failure to comply with these conditions will make the assessment procedure invalid, as a result, at the first inspection by the inspection, the employer will receive a fine.

Step by step

In many respects, the essence of the certification of workplaces and the SOUT, which came to replace it, is the same. As part of the assessment work, the specialists responsible for studying the enterprise must assess whether there are malicious hazards affecting staff. If it is not possible to detect such phenomena, this fact is recorded in the declaration, which is then sent to the labor inspectorate.

If the inspection showed the presence of hazardous harmful phenomena, it is necessary to organize test and measurement work. Their results allow us to classify all the studied places. There are four classes. The most comfortable for work is optimal conditions. Permissible working conditions are somewhat less pleasant. There is a possibility of a harmful place, and the worst case is classified as dangerous. Harmful working conditions are usually divided into four subclasses: from the first to the fourth.

Features of the procedure

If earlier entrepreneurs did not always understand what the organization of attestation of workplaces in terms of working conditions should be like, today the current norms of the law do not leave room for discrepancies. According to the procedure declared by normative acts, when the commission completes a special assessment, its participants form an official report in which they record all the useful information received during the work. It is necessary to list the studied jobs, for each of them indicate which harmful, dangerous factors were found. If testing, measuring work was carried out, they provide protocols on their organization. If there is an expert opinion, it is filed with the case.

Having figured out whether it is really mandatory to carry out certification of workplaces or not, whether it is necessary to organize an SOUT (yes), the employer must take all steps of the assessment process responsibly. When the commission finishes working on the report, this document must be familiarized with all the personnel of the enterprise without exception. The fact of familiarization is recorded by the personal signature of the employed person. Summary information based on the results of a special assessment is necessarily published on the company's website, if the company has one.

Where will it be useful?

The documentation received as a result of the SOUT provides enough information to fill out the columns of the 4-FSS form. The information extracted by experts in the course of a special assessment is necessary for employees of the insurance fund in order to assess the amount of allowances, discounts in the columns associated with possible injuries during production process.

The information obtained during the special assessment is necessary for determining the tariffs for the pension fund. The tariff varies within 0-8%, and specific indicators depend on the class, subclass of the workplace.

Based on the results of a special assessment, an entrepreneur can determine the optimal frequency of passage by hired employees medical examination. Using the information correctly, you can successfully choose the ways and measures to optimize the workflow so that the conditions become better.

Question Features

As mentioned above, the regulations describing the special assessment were first published at the end of December 2013, so at the moment there are still enterprises for which the last job attestation took place less than five years ago. For all such firms, the latest certification was equated by law with a special assessment, so no additional events are required to be organized. As soon as five years have passed since the last study of production points, it will be necessary to organize a new assessment, since the results of the previous one are automatically canceled.

If the enterprise does not carry out such an assessment, it is possible to hold the entrepreneur, the person responsible for providing jobs to employees, liable. Punishment is chosen based on administrative law. The amount of the penalty for individual varies between 5-10 thousand rubles, for an enterprise - within 60-80 thousand. In addition, the authority responsible for the verification has the right to suspend the work of the company. The duration of the pause can be up to 90 days.

In some cases, inspectors may limit themselves to issuing a warning. If this does not help and after some time the same violation is re-identified, more severe sanctions are applied. If the fine has already been issued, it is increased for individual entrepreneurs and officials up to 30-40 thousand, and for companies - up to 100-200 thousand. There is a possibility of punishment in the form of disqualification. The measure will last 1-3 years. The enterprise or individual entrepreneurship may close. The pause in the conduct of activities reaches 90 days.

Options for the development of the situation

Any firm that has locations that are affected by hazards faces the risk of an accident. If this happens, while the company will not be able to provide the results of an earlier special assessment, we can talk about the employer's fault in what happened. If this can be proved, the punishment is chosen based on the norms of criminal law. They are usually guided by the 143rd article, according to which they can be fined up to 400 thousand inclusive. Alternative penalty option wage for 18 months or another format of income for the same period.

If guilt is proven, the offender may be assigned corrective labor for up to two years. Compulsory labor for a period not exceeding one year or imprisonment for up to three years is possible. If an accident resulted in the death of the victim, the head of the enterprise may be assigned forced labor for 1 to 4 years, or may be imprisoned. If the incident caused the death of two or more people, maximum term increases to five years.