THE BELL

There are those who read this news before you.
Subscribe to get the latest articles.
Email
Name
Surname
How would you like to read The Bell
No spam

By clicking on the "send" button, you consent to the processing of personal data.

Certification of workplaces of various companies and LLCs

Until 31.12. 2013

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 Since January 1, 2014, certification has been replaced by a Special Assessment of Working Conditions.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

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

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

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

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

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

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

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

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

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

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

Employer Responsibilities for Inspection:

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

Tasks to be performed by the attesting party

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

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

Certification for the workplace - a list of conditions

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

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

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

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

Information updated 03/25/2015

Denis Shofshan, tax consultant at FondInfo LLC

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

Who needs a special assessment?

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

A special assessment is carried out jointly by the employer and an organization that meets certain requirements ().

When to conduct a special assessment?

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

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

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

How have the surcharges changed?

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

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

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

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

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


What about the certification?

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

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

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

Reporting to the FIU

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

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

Reporting to the FSS

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

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

Important nuances of a special assessment of jobs

Question

Answer

What is a special assessment?

A special assessment of working conditions is a single set of measures to identify harmful and dangerous factors production environment and assessing the level of their impact on the employee, taking into account the deviation actual values from the established standards ().
Based on the results of a special assessment, classes and subclasses of working conditions at workplaces are established ()

Who should conduct a special assessment?

A special assessment is carried out jointly by the employer and an organization that meets certain requirements. A civil law contract is concluded with such an organization ()

Which jobs are subject to special assessment?

All jobs are subject to a special assessment. Only working conditions are not evaluated ():
- home workers;
— remote workers;
— employees employed by individuals who are not individual entrepreneurs

Does the special assessment affect the size of the discount on insurance premiums for injuries?

Yes, the FSS authorities establish a discount depending on the safety of working conditions based on the results of their special assessment (“On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases”)

What is the responsibility for not conducting a special assessment?

Violation of the established procedure for conducting a special assessment or failure to conduct it is a violation of labor legislation. The head (or other official) may be held liable in the form of an administrative fine from 5,000 to 10,000 rubles, the organization may be fined in the amount of 60,000 to 80,000 rubles.
In the event of a repeated violation, the size of the sanctions increases significantly, and instead of a fine, officials may be temporarily disqualified, and the activities of the organization suspended.
If an accident occurs at the enterprise, then the absence of the results of a special assessment can serve as evidence of the employer's guilt. In this case, it is possible to bring the head to criminal liability for.

The organization applies common system taxation. Is it possible to take into account the costs of a special assessment when calculating income tax?

The costs of conducting a special assessment of working conditions can be taken into account as part of other expenses (). If income and expenses are recognized on an accrual basis, then they can be taken into account after accepting work on a special assessment (). If income and expenses are recognized on a cash basis, then expenses are taken into account after payment and acceptance of the work performed (and other expenses for conducting a special assessment of working conditions), see F.
Taking into account that the costs of conducting a special assessment of working conditions are indirect costs, with the accrual method they reduce income tax in the reporting period in which they were made ()

Organizations apply special tax regimes (one company on the simplified tax system, the other on the UTND). Can the costs of a special assessment be taken into account in expenses when calculating a single tax?

If an organization applies the simplified tax system with the object of taxation "income", then the costs of conducting a special assessment will not affect the calculation of the single tax ().
With the object of taxation "income minus expenses", it will also not be possible to take into account the costs. The fact is that such costs are not provided for in the closed list of costs that are taken into account when calculating the single tax under the simplified tax system ().
If the company pays UTII, then the costs of conducting a special assessment of working conditions will also not affect the tax in any way, since it is calculated from imputed income indicators ()

Can the costs of a special appraisal be offset against the payment of insurance premiums?

Cash costs for a special assessment can be set off against the payment of injury premiums. This is provided for by the order of the Ministry of Labor of Russia dated February 20, 2014 No. 103n. You can set off a maximum of 20% of the amount of contributions

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

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

Assessment of workplaces- this is a set of measures to assess working conditions at the workplace of an employer organization in order to identify harmful and dangerous production factors and take measures to bring working conditions in line with the norms of legislative acts that establish the relevant state regulatory requirements.

All workplaces of the employer organization are subject to certification of workplaces.

At the same time, the employer organization must be registered as an individual entrepreneur or in accordance with the requirements of the current legislation.

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 has the right to provide services for the assessment

jobs according to working conditions.

In this case, the certifying organization must be an independent organization in relation to the organization - the employer, which evaluates jobs in terms of working conditions.

Why do you need job certification?

Certification of workplaces is carried out to separate all production factors according to the degree of negative impact on human health into classes and subclasses.

This division is of great importance.

Thus, employees engaged in the labor process with negative working conditions can count on a reduction seniority for the appointment of a pension, receiving benefits.

Goals of workplace certification

Certification of workplaces allows you to give a full assessment of each workplace.

The objectives of workplace certification are the following:

    assessment of the degree and level of how the factors of the working environment affect the employee;

    identification of the severity and tension of individual production cycles on the health status of an employee;

    determination of the level of injuries and safety of the workplace;

    determination of the security of each employee with overalls, in life-threatening areas of work.

The result of such an assessment is the completion of a certification card, which is taken as the basis for the development of measures to reduce injuries at the enterprise.

Who is assessed working conditions

Special certification of workplaces applies to all categories of employers.

These include:

Only individual entrepreneurs who do not have employees are not subject to such a procedure.

The procedure for certification of workplaces

The process of determining the level of hazardous work can be carried out in several ways:

1. Conducted at the expense of the employer. This procedure is used by large enterprises.

2. The whole range of works is carried out by a third-party company, which is responsible for certification of work places. It must be certified and have the appropriate license.

3. Held joint forces. Financial and preparatory work is carried out by specialists of the audited organization, and measurements are performed by a third-party company.

The whole process of a special assessment of jobs can be represented in the form of several stages:

1. Preparatory stage which is to prepare for the work.

2. The main stage, which consists in the verification itself.

3. The final stage, development of final documents with records of the results of all studies.

4. Evaluation of the results obtained during the procedure.

5. Preparation for certification of the organization based on the results of the audit.

Let's consider each stage in more detail.

Training

The head of the organization, which is subjected to a special assessment of workers, appoints the chairman of the commission.

The chairman of the commission, in turn, forms the commission.

Basically, a person responsible for labor protection at work is appointed to the position of chairman, this may be an occupational safety engineer (OT).

In any firm or organization, the certification committee includes:

    OT engineer;

    employee personnel service;

  • electrician or power engineer;

    Certification of workplaces: details for an accountant

    • Guarantees for work in harmful conditions: when, what and to whom?

      What guarantees are valid based on the results of certification of workplaces? What regulatory documents be guided by employers... ? What guarantees are valid based on the results of certification of workplaces? What regulatory documents should employers be guided by ... where the validity of the results of attestation of workplaces has expired, they should have carried out a special assessment ... whether a special assessment or attestation of workplaces was carried out, what documents guarantees should be established ...

    • If the results of the special assessment reduce guarantees and compensation

      Why was developed a system of certification of workplaces. The Ministry of Health and Social Development determined by orders ... are provided to employees based on the results of attestation of workplaces. If positions and professions ... production factors, confirmed by the results of attestation of workplaces in terms of working conditions. Employer... labor process confirmed by the results of attestation of workplaces in terms of working conditions (now ... labor, determined by the results of attestation of workplaces (now special assessments), and not ...

    • Digest of legal information for HR employees for the third quarter of 2018

      2018 The results of the previous certification of workplaces in terms of working conditions can be used ...

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

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

Who is subject to mandatory certification of workplaces

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

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

Which jobs should be assessed

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

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

In addition, if previously the workplaces of home-based employees and employees working remotely were certified on a general basis, now the existing normative base allows not to conduct a special assessment in these cases.

Frequency of conducting a special assessment of jobs

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

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

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

The safety manager or trade union organization can also initiate a special assessment.

Initiation of the Special Evaluation Procedure

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

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

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

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

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

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

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

What is the effect of a special assessment of jobs

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

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

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

The timing of the certification of workplaces is information enshrined in legislative acts that establish the procedure for conducting such an audit. They must be strictly observed and anyone found guilty of violating them will be punished. Regardless of whether it is the employer or one of the experts who conducted the assessment. And in order not to be punished for such an offense, you need to know the procedure and timing of the certification.

Certification of workplaces for working conditions and its terms - legislative regulation

It is worth starting with the fact that this procedure is complex, and it is influenced by many factors. And, most importantly, it is mandatory for any employer who has a production or other economic activity on the territory of the Russian Federation. Such a check is carried out by the head of the enterprise himself.

He is obliged to assemble the necessary commission of experts, involve third-party organizations that have passed the appropriate accreditation for verification, and, at the end of the certification, obtain the necessary certificates. The deadlines for attestation of workplaces are established by law - it must be held at least once every 5 years.

The fact that such a check is mandatory for all employers of the Russian Federation is enshrined in the relevant legislative act - Art. 209 of the Labor Code of the Russian Federation. It also indicates the terms of certification, as well as its main goals and objectives. AT Labor Code it is said that checking workplaces for labor protection conditions is necessary in order to establish how the workplace complies with legislative standards, whether there are factors that can harm the health of an employee or pose a danger to him.

And if such factors are found, then the results should indicate solutions that will help bring the workplace into compliance with legal norms. All actions aimed at improving working conditions in production are not required to meet the deadline for certification of workplaces for working conditions.

If, according to the results of the certification, factors are identified that threaten the life and health of the employee, then the commission must draw up a project to bring the workplace to its proper form. And the procedure for carrying out all the compiled measures is redirected to the federal bodies that control working conditions at enterprises.

The legislation also establishes that the employer is obliged to provide everything necessary to ensure that the inspection of workplaces and subsequent certification are carried out normally. If the head of the enterprise accidentally or deliberately violated the procedure, deadlines, or otherwise prevented the certification, he may be held accountable.

In addition to the Labor Code of the Russian Federation itself, there are other documents that affect, directly or indirectly, what are the terms for certification

  • GOST 12.4.011-89, which approved the standards and criteria for individual and collective protective equipment.
  • GOST 12.1.005-88, where standards are approved that apply to the quality and composition of air at the workplace of a worker.
  • SanPiN 2.2.4.548-96, where standards are established and legalized that apply to hygiene and the microclimate of industrial premises.
  • SanPiN 2.6.1.1202-03, which describes the specific requirements for sources of ionizing radiation.
  • SanPiN 2.2.4.1329-03, where requirements are put forward regarding the protection of personnel from pulsed and electromagnetic fields emitted by any electrical equipment at the enterprise.
  • SanPiN 2.2.4 / 2.1.8.055-96, which refers to the standard and criteria that are put forward for radiation that has a radio frequency range.
  • SanPiN 2.2.4.1294 03, which refers to sanitary and hygienic requirements regarding air ionization inside working and industrial premises.
  • Guideline R 2.2.2006-5 establishes the norms and methods by which specialists who are members of the expert commission can assess how clearly working conditions in the workplace comply with hygiene standards.
  • Order of the Ministry of Health and Social Development of Russia dated June 1, 2009 No. 290, which approved and legalized the rules according to which the employer is obliged to provide employees with clothing for work at the enterprise, especially when it comes to hazardous work places.
  • Guideline R 2.2.013-94, which contains the rules and methods that experts on the commission should use in order to correctly assess hygiene factors that could threaten the life and health of employees.

All information that will be collected by the expert commission during the inspection of workplaces is processed and analyzed not only by specialists, but also by the Federal Labor and Employment Service of the Russian Federation. Factors such as the terms of certification of employees, methods and criteria by which working conditions are assessed are described in the Order federal service on labor and employment dated August 25, 2008 No. 166.

If the employer decides to involve a third-party organization in assessing the workplace in terms of working conditions, then he has the right to receive the widest range of information from this organization. It may include the length of service of employees who have the right to conduct certification, their level of education, the availability of accreditation of the laboratory working with the organization and other facts that may affect the choice of employer. It is also worth noting that the relevant Order regulating the activities of such organizations stipulates the impossibility of restricting competition between them.

The procedure for certification and its exact terms

The results of the certification of workplaces are extremely important for the employer. Based on their results, it will become clear what actions need to be taken to improve labor activity. And is it worth waiting for any legislative consequences. And in order for the assessment of working conditions to be normal, and its results to be recognized as legitimate, the head of the enterprise and attestation specialists must follow a certain procedure. One of the examination stages is a list binding documents required for the assessment:

  • The employer must issue an order for the enterprise, which will talk about the start of certification, the composition of the expert commission and the approval of its composition;
  • Schedule according to which certification works will be carried out;
  • An agreement concluded between the head of the enterprise and the organization that will conduct the certification. It is worth noting that the certification organization must be independent and in no way personally connected with the leader;

After certifying commission approved, the verification process begins. Experts are required to check all the jobs that are in the enterprise, evaluate all the negative factors and analyze all the information that they managed to collect. After that, they must generate a report on the passed inspection, approved by a majority of votes. This document should include the following items:

After the certification is completed, the head of the organization is obliged to issue a decree, which will fix the fact of the audit. Also, in this document, the results obtained by the commission must be approved.

The entire certification procedure for working conditions for newly created jobs should be carried out no more than 60 days in advance. This period is established by law and begins from the moment the head of the organization issues and approves the relevant order to create new jobs.

The legislation also establishes that all workplaces must be checked for working conditions at least once every 5 years. The head himself appoints the frequency of such certification and, if there are no documents regulating his field of activity, then he has the right to indicate any period. Within the above limits.

After the certification is over, the manager is obliged to collect all the results and send them to structural subdivision state labor inspectorate. In addition, the package of documents should contain information about independent organizations that took part in the overall assessment.

Penalties for violation of the rules and terms of certification

In most cases, the responsibility for how and in what terms the certification will be carried out lies with the employer who initiated the verification. If he violates the rules of this event, then the head will be fined in the amount of 20-30 of his minimum wages. If the case concerns the whole organization, then it will be fined in the amount of 200 to 300 minimum wages. This is stated in the Federal Law of March 30, 1999 No52-FZ.

Also related to this issue is Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, which states that a person who violates the rules for conducting certification also violates labor laws. And this entails a penalty in the form of a fine, ranging from a thousand to fifty thousand rubles (depending on the existing factors). Also, the person responsible for such a violation can be suspended from his activities for up to 90 days.

Responsibility of those independent organizations, which help in carrying out certification, is not fully established by law. Relations between such organizations and the employer who involved them in such work are regulated and take place within the framework of a civil law contract. And if government bodies control will reveal violations in the procedure that were not detected during the work of certification organizations, all responsibility, and as a result, punishment, will fall on the employer who concluded the contract.

It is worth remembering that the punishment for people who have already been noticed in violation of the certification procedure is different from what is indicated above. If such a person commits this offense again, then he will be suspended from activity for a rather impressive period - from one to three years.

The severity of punishments and the amount of fines clearly indicate that the state is directly interested in ensuring that the certification of workplaces takes place on time and in accordance with all the rules. Only in this way can the government of the Russian Federation guarantee the safety of their work activities to employees employed at the enterprise. And given that the goal of modern labor protection is to ensure the safety of the life and health of the employee, this is not surprising. Moreover, in connection with this fact, the employer should always expect that the criteria, standards, as well as penalties for their violation, will only become tougher.

THE BELL

There are those who read this news before you.
Subscribe to get the latest articles.
Email
Name
Surname
How would you like to read The Bell
No spam