After certification of workplaces what needs to be done. The procedure for attestation of workplaces for working conditions - Rossiyskaya Gazeta

3. Carrying out certification of workplaces

according to working conditions

3.1. Determination of the actual values ​​of hazardous and harmful production factors in the workplace.

3.1.1. When attesting a workplace for working conditions, all hazardous and harmful production factors (physical, chemical, biological), the severity and intensity of labor at the workplace are subject to assessment.

3.1.2. The levels of hazardous and harmful production factors are determined on the basis of instrumental measurements. Instrumental measurements of physical, chemical, biological and psychophysiological factors, ergonomic studies should be carried out in the process of work, that is, during production processes in accordance with the technological regulations, with serviceable and effective means of collective and individual protection. In this case, the control methods provided for by the relevant GOSTs and (or) other regulatory documents are used in accordance with Appendix No. 2 to this Regulation.

3.1.3. When carrying out measurements, it is necessary to use the measuring instruments specified in the regulatory documents for measurement methods. The measuring instruments used must be metrologically certified and undergo state verification within the established time limits.

3.1.4. Instrumental measurements of the levels of production factors are documented in protocols. The form of the protocols is established by regulatory documents that determine the procedure for measuring the levels of indicators of a particular factor. In each case, the protocols must contain the following data:

name and code of the workplace organization unit;

date of measurements;

the name of the organization (or its subdivision) involved in the measurement;

the name of the measured production factor;

measuring instrument (name of the device, instrument, date of verification and number of the certificate of verification);

measurement method with indication of the normative document on the basis of which the measurement is carried out;

place of measurement, sketch of the room indicating the point of measurement (sampling);

the actual value of the measured parameter;

position, surname, initials and signatures of the employee who carried out the measurements and the representative of the administration of the facility where the measurements were taken;

signature of the responsible person, seal of the organization (or its division) involved in the measurement.

Similar information is indicated when registering protocols for determining severity and tension. labor process.

3.2. Evaluation of safety of workplaces.

3.2.1. The main objects for assessing the safety of workplaces are:

production equipment;

fixtures and tools;

provision of means of training and instruction.

3.2.2. Grade production equipment, fixtures and tools are produced on the basis of the normative legal acts on labor protection that are in force and apply to them (state and industry standards, labor protection rules, standard instructions on labor protection, etc.).

3.2.3. Before assessing the safety of workplaces, the presence, correctness of maintenance and compliance with the requirements of regulatory documents in terms of ensuring labor safety are checked.

3.2.4. Injury safety assessment is carried out by checking the compliance of production equipment, fixtures and tools, as well as training and instruction tools with the requirements of regulatory legal acts. In this case, it is necessary to take into account the availability of safety certificates of the established sample for production equipment.

When assessing injury safety, trial starts and stops of production equipment are carried out in compliance with safety requirements.

3.2.5. In cases where production equipment and fixtures at the workplace were manufactured before the regulatory legal acts that apply to them came into force, or when these documents were not developed and approved in in due course, the injury safety assessment of production equipment and fixtures is carried out for compliance with the requirements set forth in national regulatory legal acts that ensure safe working conditions at workplaces, including:

availability of means of protecting workers from the impact of moving parts of equipment that are a source of danger;

fencing of pipelines, hydro-, steam-, pneumatic systems, safety valves, cables and other elements, the damage of which may cause danger;

the presence of devices (handles) for moving parts of equipment manually during repair and installation work;

exclusion of the danger caused by splashing of materials and substances processed and (or) used in the operation of production equipment into the working area, falling or ejection of objects (for example, tools, workpieces);

exclusion of danger caused by the destruction of structures, building elements, collapse of rocks and other elements in quarries, mines, etc.;

availability and compliance with regulatory requirements of signal coloring and safety signs;

the presence in the fences of clamps, interlocks, elements that provide strength and rigidity, sealing elements;

ensuring the functioning of protective equipment during the action of the corresponding dangerous or harmful production factor;

the presence on the control panel of signaling devices for violations of the normal functioning of production equipment, as well as means of emergency stop;

elimination of hazardous situations in the event of a complete or partial interruption of power supply and its subsequent restoration, as well as damage to the power supply control circuit (spontaneous start-up upon restoration of power supply, failure to execute an already issued command to stop, falling and ejection of moving parts of production equipment and objects fixed to it);

implementation of protection of electrical equipment, electrical wiring (including grounding) from mechanical influences, rodents and insects, penetration of solvents, making connections of wires and cables in junction boxes, inside the housings of electrical products, devices, machines;

exclusion of contact of hot parts of the equipment with open parts of the skin of workers, with fire and explosion hazardous substances, if contact can cause burns, fire or explosion;

compliance with the size of passages and passages to regulatory requirements;

appropriate location and execution of controls (including emergency stop devices) for vehicles;

safety of vehicle routes, equipping them with protective equipment and safety signs;

availability of labor protection instructions and their compliance with regulatory documents;

availability and compliance with the regulatory requirements of hand tools and fixtures.

in column 2 "Regulatory safety requirements for the workplace" only those requirements that relate to safety factors;

in column 3 "Availability" - the actual state of labor safety at the workplace (installed devices and devices aimed at ensuring labor safety at the workplace, including those of their own manufacture);

in column 4 "Compliance with regulatory legal acts on labor protection" - brief evaluation compliance of the actual state of labor safety at the workplace with the requirements normative documentation;

in column 5 "Necessary measures" - measures to fulfill this regulatory safety requirement for the workplace in order to ensure that the actual state of the normative.

Based on the results of the workplace injury safety assessment, brief conclusions are given in the protocol. They indicate which points of the norms, rules and standards do not comply with the assessed workplace, as well as the positions, surnames, first names, patronymics and signatures of the persons who conducted the assessment.

Brief conclusions of the results of the assessment of the injury safety of the workplace are also included in the Certification Card of the workplace(s) according to working conditions.

3.3. Assessment of the provision of workers with personal protective equipment.

3.3.1. For each workplace, the provision of workers with personal protective equipment, as well as the effectiveness of these funds, is determined.

3.3.2. The assessment of the provision of workers with personal protective equipment is carried out by comparing the actually issued funds with the Model Industry Standards for the free issue of special clothing, special footwear and other personal protective equipment to workers and employees and other regulatory documents (GOST, TU, etc.).

3.3.3. When assessing the provision of workers with personal protective equipment, at the same time, an assessment is made of the compliance of the issued personal protective equipment with the actual state of working conditions at the workplace, and their quality is also monitored.

The effectiveness of personal protective equipment must be confirmed by certificates of conformity.

3.3.4. The assessment of the provision of workers with personal protective equipment is drawn up in the form of a protocol in accordance with Appendix No. 7 to this Regulation.

3.4. Assessment of the actual state of working conditions in the workplace.

3.4.1. Assessment of the actual state of working conditions at the workplace consists of assessments:

according to the degree of harmfulness and danger;

according to the degree of safety;

the provision of workers with personal protective equipment, as well as the effectiveness of these funds.

3.4.2. The assessment of the actual state of working conditions in terms of the degree of harmfulness and danger is carried out in accordance with the Hygienic criteria for assessing working conditions in terms of harmfulness and danger factors production environment, severity and intensity of the labor process based on a comparison of the results of measurements of all dangerous and harmful factors of the working environment, the severity and intensity of the labor process with the hygienic standards established for them. On the basis of such comparisons, a class of working conditions is determined both for each factor, and for their combination and combination, as well as for the workplace as a whole.

Determination of the allowable time of contact of workers with dangerous and harmful production factors for a work shift and (or) period of labor activity (limitation of work experience) is carried out by the centers of state sanitary and epidemiological surveillance on the proposal of the administration of the organization in relation to professional groups. At the same time, working conditions can be classified as less harmful, but not lower than class 3.1.

3.4.3. Separately, based on the results of the injury safety assessment of the workplace in accordance with the classification of working conditions for injury safety (Appendix N 8 to this Regulation), a hazard class is established or a conclusion is given on the full compliance of the workplace with safety requirements. 3.4.6. In cases where the actual values ​​of hazardous and harmful production factors at the workplace exceed the existing standards or the requirements for injury prevention and the provision of workers with personal protective equipment do not meet existing standards, the working conditions at such a workplace are classified as harmful and (or) dangerous.

When classifying working conditions as class 3 (harmful), the workplace is recognized as conditionally certified with an indication of the corresponding class and degree of harmfulness (3.1, 3.2, 3.3, 3.4, and 3.0 - for injury safety) and making proposals to bring it into line with regulatory legal acts on labor protection in the Action Plan for the improvement and improvement of working conditions in the organization.

When certifying production facilities for compliance with labor protection requirements, a conditionally certified workplace is not counted as certified.

When classifying working conditions as class 4 (dangerous), the workplace is recognized as not certified and is subject to immediate re-equipment or liquidation.

Why is a workplace assessment carried out? How to do it right? How often should job performance reviews be carried out? What is the cost of this procedure? What threatens for violation of the terms of certification? You will find the answer to these and other questions in the article.

According to the provisions of labor legislation, organizations and individual entrepreneurs that are employers, regardless of the taxation regime they apply, must carry out certification of workplaces for working conditions. And what is it? According to Article 209 of the Labor Code of the Russian Federation, attestation of workplaces for working conditions is an assessment of working conditions at workplaces in order to identify harmful and (or) dangerous production factors. The procedure for attestation of workplaces in terms of working conditions was approved by order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 342n (hereinafter referred to as the Procedure). The specified Procedure contains requirements for certification, registration of its results and their use. At the same time, we note that the Ministry of Labor of Russia, by its order of December 12, 2012 No. 590n, made some changes to the Procedure, which entered into force on February 26, 2013. Therefore, when conducting certification at the present time, these amendments should also be taken into account.

From January 1, 2014, instead of certification of workplaces, a special assessment of working conditions was introduced, which must be carried out in accordance with Federal Law No. 426-FZ of December 28, 2013. View for free and download the Federal Law, as well as forms and forms of orders for conducting special evaluation labor you can in pre-registration by .

What jobs are subject to certification

Prior to the entry into force of the order of the Ministry of Labor of Russia dated December 12, 2012 No. 590n, the employer should have attested all workplaces. From February 26, 2013, the list of jobs subject to mandatory attestation, abbreviated. Now certification should be carried out only at those workplaces, performance labor functions which may cause harm to the health and life of the employee. So, in accordance with paragraph 4 of the Procedure for mandatory certification, workplaces are subject to:

Work is carried out with equipment, machines, mechanisms, installations, devices, devices, vehicles;

Operation, maintenance, testing, adjustment and repair of equipment, machines, mechanisms, installations, devices, devices, vehicles;

Work is carried out with sources of danger that can have a harmful effect on the employee and are determined by the certification commission based on the criteria for assessing working conditions;

An electrified, mechanized or other hand tool is used;

Stored, moved and (or) used raw materials and materials.

It should be noted that both existing jobs and newly created ones in the process of doing business (for example, during the reconstruction of production, introduction of new technology).

At the same time, the workplaces of those employees whose labor activity associated exclusively with:

With work on computers;

Operation of copiers (copiers, printers) or other equipment for the needs of the organization itself;

Using household appliances, which is not involved in the production process.

Thus, workplaces that use conventional office equipment do not need to be certified. However, if the employee himself or a trade union representative applies to the employer with an application for attestation at the relevant workplace, the organization or individual entrepreneur will be required to conduct it. In addition, the labor inspectorate can oblige the employer to certify a particular workplace by issuing an appropriate order (clause 47 of the Procedure).

Types of certification of workplaces and the timing of its implementation

Three types of certification can be distinguished depending on the period and basis of the conduction:

primary;

Repeated;

Unscheduled.

The basis for the primary certification of workplaces is the organization of a new workplace. This happens in two cases. The first is the creation of an organization as a legal entity or registration of an individual entrepreneur. The second is the completion of construction, reconstruction, technical re-equipment of production, the introduction of new equipment and technologies.

Note that the period during which certification must be carried out when creating an organization (registration of an individual entrepreneur) is not defined. But in the second case, certification must be carried out no later than one year from the date of creation of such jobs (clause 4 of the Order).

Re-certification of workplaces is carried out at workplaces where, according to the results of the previous certification, harmful and (or) dangerous working conditions were established. Workplaces with the presence of production factors and work, during the performance of which it is mandatory to conduct preliminary and periodic medical examinations (examinations), are also subject to re-certification. About this - paragraph 8 of the Order. Such certification is carried out at least once every five years. Moreover, the countdown of the five-year period begins from the date of completion of the previous certification.

The grounds for conducting unscheduled certification of workplaces are established by paragraphs 47 and 48 of the Order. These include:

Appeal of the employee on the certification of his workplace;

Appeal of the representative of the trade union;

The results of the state examination of working conditions, conducted in order to assess the quality of certification;

Order of Rostrud or the state labor inspectorate issued to the employer;

Bringing working conditions in line with state regulatory requirements for labor protection;

Improvement of working conditions;

Replacement of production equipment;

Change technological process;

Changing the means of collective protection.

The procedure for certification

The process of certification of workplaces according to working conditions can be divided into several stages.

The first step is to determine the composition attestation commission. In accordance with paragraph 10 of the Procedure, the commission includes representatives of the employer, a labor protection specialist, representatives of the trade union organization, as well as the certifying organization. The representative of the employer may be heads of structural divisions, lawyers, personnel specialists. The certification committee is headed by a representative of the employer.

The functions that are assigned to the certification commission are listed in paragraph 12 of the Procedure. These include:

Implementation of management and control over the certification at all its stages;

Formation of a set of legal and local regulations, organizational, administrative and methodological documents necessary for attestation and organization of their study;

Drawing up a list of jobs subject to certification, identifying similar jobs and indicating the factors of the working environment and the labor process, the risk of injury and the provision of the employee with special clothing, special shoes and other personal protective equipment (PPE);

Preparation of proposals to bring the names of professions and positions of employees in line with the requirements of the Unified Tariff qualification handbook works and professions of workers and the Unified Qualification Directory for the positions of managers, specialists and employees;

These unified directories were approved by Decree of the Government of the Russian Federation of October 31, 2002 No. 787

Assigning a number to each workplace;

Filling in and signing the workplace attestation card for working conditions (a sample card and recommendations for filling it out are given in Appendixes No. 2 and 3 to the Procedure);

Preparation of proposals for amendments and (or) additions to labor contract in terms of the employer's obligation to provide the employee with PPE, establish an appropriate work and rest regime, as well as other guarantees and compensations provided for by law for work in harmful and (or) dangerous working conditions;

Development of an action plan based on the results of certification to bring working conditions in line with state regulatory requirements for labor protection.

At the second stage, the head of the organization or the merchant issues an order to conduct certification of workplaces (clause 11 of the Procedure). unified form the order has not been approved, therefore the employer draws it up in any form, but must indicate:

Composition of the attestation commission;

Full name of the chairman of the attestation commission;

Certification period.

Do not forget to familiarize yourself with the order on the certification of all members of the certification commission and other persons indicated in it.

At the third stage, the certification process itself begins, which is carried out by the employer together with the certification organization on the basis of a civil law contract.

The functions of the certifying organization include:

Certification can only be carried out by an organization that has accreditation

Measurement and evaluation of factors of the working environment and the labor process;

Assessment of compliance of working conditions with state regulatory requirements for labor protection;

Drafting and preparation of an attestation report.

In accordance with paragraph 6 of the Procedure, the employer has the right to attract several attesting organizations. At the same time, certification work can be distributed between certification organizations both by the number of workplaces subject to certification, and by the types of work performed at these workplaces.

So, the certification process begins with the compilation of a list of jobs by the certification commission.

Recall that the workplace is the place where the employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer (Article 209 of the Labor Code of the Russian Federation).

To compile a list of jobs, use staffing and a list of employees indicating the profession (position) and structural unit. Each workplace is assigned a unique serial number (from 1 to 99 999 999), that is, no more than eight characters.

Then the certifying organization assesses the compliance of working conditions with state regulatory requirements for labor protection. It includes:

Assessment of compliance of working conditions with hygienic standards;

Assessment of the injury risk of workplaces;

Assessment of the provision of PPE employees;

A comprehensive assessment of working conditions in the workplace.

Take note

What are similar jobs?

According to the provisions of the legislation, when compiling a list of jobs, similar jobs should be allocated. Such places can be identified by the combination of the following signs:

Professions or positions of the same name;

Doing the same professional duties when conducting the same type of technological process in the same mode of operation;

Use of the same type of production equipment, tools, fixtures, materials and raw materials, work in one or more of the same type of premises or outdoors;

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;

The same set of harmful and (or) hazardous production factors of the same class and degree;

Equal provision of personal protective equipment.

When assigning a serial number, similar jobs are designated by the letter "a".

About this - paragraph 12 of the Order.

All measurements and assessments are documented in a protocol, which is signed by the specialists of the certification organization who carried out the measurements and assessments, as well as by the responsible official of this organization, and certified with a seal (clauses 18, 27 and 37 of the Procedure).

Based on the results of certification with a comprehensive assessment of working conditions, a workplace can be recognized as:

Compliant with state regulatory requirements for labor protection. Such a decision is made if the compliance of working conditions at the workplace with hygienic standards, the workplace with the requirements for providing employees with PPE is established, and there is no non-compliance of the workplace with labor protection requirements (clause 37 of the Procedure);

Does not comply with state regulatory requirements for labor protection. Specified solution is accepted with a negative assessment of at least one of the above parameters (clause 38 of the Order).

When classifying working conditions at the workplace as hazardous working conditions, the employer should immediately develop and implement a set of measures aimed at reducing the level of exposure to hazardous factors in the working environment and the labor process or at reducing the time of their exposure (clause 39 of the Procedure).

We draw up the results of the certification

According to paragraph 44 of the Procedure, the results of the certification of the workplace in terms of working conditions are drawn up by the certification commission in the form of a certification report. The following documents must be attached to this report:

Order on the establishment of an attestation commission and approval of the schedule for the attestation work;

List of jobs subject to certification;

Workplace attestation cards with measurement and evaluation protocols;

Summary sheet of the results of attestation of workplaces (Appendix No. 6 to the Procedure);

Summary table of classes of working conditions established based on the results of certification, and compensations that must be established for employees (Appendix No. 7 to the Procedure);

Plan of measures to improve and improve working conditions (Appendix No. 8 to the Order);

The final protocol of the meeting of the attestation commission based on the results of attestation (Appendix No. 9 to the Procedure);

Information about the certifying organization (Appendix No. 10 to the Procedure) with a copy of the documents for the right to conduct measurements and assessments (an accreditation certificate with an appendix that establishes the scope of accreditation of the testing laboratory, notification of inclusion in the Register of accredited organizations that provide certification services);

Minutes of the meetings of the attestation commission;

Conclusions based on the results of the state examination of working conditions (if any);

Orders of officials on detected violations (if any).

Further, the attestation commission within 10 calendar days from the date of receipt of the report, considers it, signs the minutes of the meeting of the attestation commission based on the results of attestation of workplaces and sends it along with the attestation report to the employer.

The stage that completes the certification process is the signing by the employer of an order to complete the certification and approve the certification report. For this, he is given 10 working days from the date of receipt of the final protocol of the meeting of the attestation commission. Do not forget to familiarize with the order on the completion of the certification of all members of the certification commission, employees, as well as other persons indicated in it.

There is also no unified form of such an order, therefore, an organization or an individual entrepreneur develops it independently.

After reviewing the order on the completion of certification of all persons indicated in it, the employer is obliged to send to the state labor inspectorate:

Consolidated statement of the results of attestation of workplaces;

Information about the certifying organization;

Cover letter on employer's letterhead.

These documents are submitted on paper and in in electronic format. 10 calendar days are allotted for submission of documents from the date of issuance of the order on the completion of the attestation of workplaces and the approval of the attestation report (clause 45 of the Procedure).

On the procedure for transferring information about attestation to the FSS of the Russian Federation, see the article “It will be necessary to report on insurance premiums by new form" // Vmenenka, 2012, No. 11

What threatens for violation of the terms of certification

Paragraph 52 of the Procedure establishes that the responsibility for the certification, the reliability and completeness of the provision of information to the labor inspectorate rests with the employer. For the reliability of measurements and assessments, the responsibility rests with the employer and the certifying organization. So, in case of violation of the certification procedure, as well as the employer reporting false information to the labor inspectorate, the employer may be held administratively liable under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

The penalty in this case will be:

For an official - from 1000 to 5000 rubles;

Individual entrepreneur - from 1000 to 5000 rubles. or suspension of its activities for up to 90 days;

Suspension of activities is applied if there is a threat to the life and health of people

Organizations - from 30,000 to 50,000 rubles. or suspension of activities for up to 90 days.

Please note: if the certification of workplaces was carried out after December 1, 2010 by a non-accredited organization, the labor inspectorate has the right to require the employer to re-certify. About this - paragraph 11 of the order of Rostrud dated August 31, 2011 No. 193.

Carrying out attestation 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 for labor protection.

• 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 of the Russian Federation, 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 for their subordinates safe conditions labor.

Description of the law on attestation of workplaces

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 the regulatory and organizational framework, as well as the procedure for conducting a special assessment of working conditions and regulates the legislative position, rights, obligations and responsibilities of the accomplices of this certification.

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

• the subject of regulation of the actual 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, it was developed new order Ministry of Labor of December 12, 2012 No. 590n, which also entered into force on January 1, 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 site. To carry out certification actions, it is necessary to perform some organizational arrangements. 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 that may be subject to a general assessment, including List No. 1 and List No. 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;
• a final document is drawn up, allowing to draw a conclusion about the working conditions, and, if necessary, to establish the types of mandatory benefits and compensations.

Important! The corresponding procedure does not apply 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. The latest amendments to Federal Law No. 426-FZ of December 28, 2013 “On Special Assessment of Working Conditions” were adopted by the State Duma participants on May 1, 2016.

AT new edition The law should highlight the following articles:

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."

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

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.

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. AT without fail hazard and (or) harmfulness class is assigned.

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 threatens administrative liability in the amount of 1000 to 5000 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.

Download Federal law dated December 28, 2013 No. 426-FZ "On a special assessment of working conditions" in the latest edition link.

Is attestation of workplaces of office and other workers necessary in 2017?

Many already know that the certification of jobs has changed dramatically. The reason for this was the adoption of a new federal law and amendments to the Labor Code of the Russian Federation. It is worth paying attention to the fact that the name of the procedure itself has changed. Now, instead of certification, a special assessment of working conditions is carried out. New rules come into force since January 2014.

Let's take a closer look at the special assessment of working conditions and the main points that were affected by the changes. In our article, you will learn how this assessment is carried out, whether it is mandatory, who conducts it, and the sanctions applied to violators. So, let's begin.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

Recent changes in the law

The main change was not only the change of the name of the process, the procedure itself changed radically. We will talk about it further. An important point there was also a significant increase in punishment for violation of the requirements established by law.

According to experts, the introduction of a completely new mechanism is due to the fact that the certification of workplaces, carried out earlier, did not give the desired effect and could not protect workers. The innovation should give an incentive to entrepreneurs to pay due attention to the special assessment, and the sanctions are designed to ensure the enforcement of the established rules.

Some simply signed, not paying attention to the study of safety regulations. Slightly less percent was scored by the lack of personal or collective protective equipment among workers. The top three "leaders" closes the lack of certification.

It will not be superfluous to remind managers and employees of the accounting department that at the time of reporting to the Social Insurance Fund, it will be necessary to indicate the presence of a special assessment. This requirement will be made for the first time from January 1, 2015. According to the results of the assessment, each workplace is assigned a hazard class. This will determine the amount of insurance premiums paid to the Pension Fund. There is a directly proportional relationship - the greater the harmfulness (class), the greater the pension contribution.

If it seems to you that this is nothing, then pay attention to the fact that the absence of a special assessment of working conditions automatically prevents the submission of a quarterly report to the Social Insurance Fund, as well as the calculation of pension contributions. Thus, the "snowball" of violations of the current legislation begins to grow, and, consequently, sanctions for their non-compliance.

What should be done now?

A special assessment is a holistic set of activities that are aimed at identifying hazardous, harmful production factors, as well as assessing the level of their impact on employees, taking into account fluctuations actual value and the established standard. The main task of the special assessment is to determine whether the conditions of the workplace meet the requirements established by law, and to detect workplaces where working conditions are harmful or dangerous. Employees working in such conditions must necessarily receive appropriate compensation and additional guarantees.

Who and how conducts a special assessment?

Let's start with the one who conducts the special assessment. According to the law, the obligation to conduct and finance the assessment rests directly with the employer. It is he, regardless of whether it is a legal entity or an individual entrepreneur, who organizes the assessment of the workplace of employees.

Now let's dwell on the timing of the special assessment, which are of no small importance. The timing directly depends on the type of assessment - scheduled or unscheduled. Planned is carried out at least once every five years. It is necessary to count five years from the day when the report on the previous special assessment was approved. At the request of the employer, a special assessment can be carried out even before the expiration of the previous one. This is possible if conditions in the workplace are improved. The question arises, why conduct a premature assessment, and not wait for the next one? The improvement will save on insurance premiums, employee compensation and personal protective equipment.

The law also provides for other cases of unscheduled assessment:

• when changing the technological process;
• equipment replacement;
• when changing the composition of the raw materials or material used;
• after an accident at work or the establishment of an occupational disease due to the influence of hazardous or harmful factors;
• at the request of the trade union;
• when changing means of individual or collective protection, etc.

Moreover, during an unscheduled assessment, only jobs affected by the changes are subject to it. The procedure is similar to the procedure for scheduled certification and is contained in the order of the Ministry of Labor of the Russian Federation.

A few more words about the special assessment of similar jobs. Very often you can see that several employees work in the same conditions, performing the same functions, which means that their jobs are identical. In this case, the assessment is carried out in relation to 20% of jobs, but not less than two. Similar means that the places are located in the same type of premises, their ventilation, air conditioning, heating and lighting systems are the same. It is also important that the equipment, materials and raw materials used by employees in similar places should be of the same type, and personal protective equipment should be the same.

To start the assessment an appropriate commission is created and an organization specializing in its implementation is involved. Usually a civil law contract is concluded with such an organization. The head of the commission is directly the employer or his representative. It necessarily includes trade unionists, if they are at the enterprise, and a labor protection specialist serving this organization.

Then the experts begin to study jobs and identify among them those that are exposed to dangerous or harmful factors. Those places where such factors are absent are entered in the declaration, which is subsequently submitted to the labor inspectorate. Where these factors exist, they should be carefully measured. Each place is assigned a class of working conditions.

The last stage is the commission report, which contains the following data:

• a list of jobs with an indication of dangerous and harmful factors;
• protocols of all measurements and tests;
• expert opinions;
• and etc.

The employer acquaints his employees with the report against signature. The review period is one month. If there is a site, the information from the report is published on it.

If you are interested in what factoring is and what types of it are, read about it here.

Possible fines and other sanctions

As for any other offense, failure by the employer to fulfill his obligation to conduct a special assessment of working conditions is subject to administrative liability in the form of a fine or suspension of activities:

• The amount of the administrative fine for individual entrepreneur amount to five to ten thousand rubles or suspension of its activities for up to 90 days.
• Legal entities that have committed violations will pay much more - from sixty to eighty thousand rubles. The suspension of activities is also relevant for them, the duration is similar.

For comparison, here are the previous amounts of sanctions:

• individual entrepreneurs paid from one to five thousand rubles;
• for legal entities, the violation cost a pretty penny - from thirty to fifty thousand rubles.

The body that holds employers accountable for this category of offenses is Rostrud.

So it’s worth considering what is better - to take care of the correct assessment of the workplace or pay a fine, or even lose profits that will not be received due to the suspension of the company or individual entrepreneur.

An accident at an enterprise in the absence of a special assessment is direct evidence of the employer's guilt for the court. In this case, this act is no longer subject to administrative sanctions, but to criminal ones. The punishment is: a fine - up to 400,000 rubles, correctional labor for 2 years, forced labor for up to a year, or imprisonment for up to a year.

Do you have any questions? Find out how to solve your particular problem - call right now:

There is only one comment - small and medium business in our country, both choked and choked. What is the workplace of a lawyer, for example, or a sales manager?

According to my calculations, a firm in the Leningrad region engaged in the sale of services (lawyers, a real estate agency, a travel agency) with 3 employees and average salary 15,000 rubles, for compliance with all requirements, training, special assessments, etc. the monthly budget will be 40,000 rubles with wages 45,000 rubles. And the cost has to be paid at the same time. Add to this taxes, office rent, advertising ... Work in the red.

40 thousand per month. Is there a way to decipher the amount? too disproportionate

For 4 jobs they ask for 20t.r.

This is not a tricky method, our Labor Code of the Russian Federation puts the salaries of workers in those same envelopes. With whom, as it were, the state is fighting.

Oh yes, I almost forgot, this twenty will still fall into the pocket of the consumer. Ekskuzmy, we say thank you to the authorities.

We have laws where you need to test something to check, or recommendations of a whole nature, the laws of a beggar, Certification with us, go to any poultry farm, there is no such thing as harmful. Although attestation is not needed, and so everything is clear that there is harm there.

A SPECIAL EVALUATION HAS NOT BEEN CARRIED OUT AT THE MEDICAL INSTITUTION FROM THE MOMENT OF ENTERING THE LEGAL FIELD OF THE RUSSIAN FEDERATION IN SEVASTOPOL UNTIL 2017. There are no payments for harmfulness in the operating unit and other categories of jobs, how social insurance works and transfers, why the authorities do not control.

Free legal advice

Moscow and region

Saint Petersburg and the region

KnowDelo.Ru - a portal for those who start a business

Assessment of workplaces

the most important articles for you

What is job certification

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

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

Violation of labor protection requirements set forth in federal legislation

warning or 2000 to 5000

from 2000 to 5000

from 50000 to 80000

Violation of the procedure for conducting the SOUT (or non-conduct)

from 5000 to 10000

from 5000 to 10000

from 60000 to 80000

Admission of an employee without training in labor protection rules (medical examinations are included)

from 15000 to 25000

from 15000 to 25000

from 110000 to 130000

Failure to provide workers with PPE

from 20000 to 30000

from 20000 to 30000

from 130000 to 150000

from 30,000 to 40,000 or disqualification for a period of 1 to 3 years

from 30,000 to 40,000 or suspension of activities for up to 90 days

from 100,000 to 200,000 or suspension of activities for up to 90 days

Results, or workplace attestation card

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

Conducting a special assessment of working conditions is mandatory for all types of enterprises of any specific activity. However, there are questions about carrying out this procedure in the office, because there seem to be no harmful factors here. Which of the conditions is taken into account and how is the special assessment of office staff? How to organize it and how to arrange everything Required documents? This article provides an example step by step.

According to Rosstat, about 300,000 new jobs are introduced in the Russian Federation every year. Let's figure out which workplace is considered newly introduced from the point of view of officials and judges.

From January 1, 2014, all employers are required to conduct a special assessment of the working conditions of workplaces, which was introduced instead of the previously existing attestation of workplaces to determine harmful and dangerous factors that affect employees. What is the jurisprudence on this issue?

The Department of Labor issued administrative regulations according to which Rostrud should consider complaints about the results of a special assessment of working conditions or the organizations that conducted it. In fact, this is an algorithm of actions for employees and organizations dissatisfied with the assessment or its results.

Some managers calculate the cost of carrying out the SOUT based on the price of one workplace, which they saw in the ad. However, this approach does not always justify itself.

Full or partial copying of materials is prohibited,

Organization and carrying out certification of workplaces

Certification of workplaces (AWP) - until the beginning of 2014, the procedure for a special assessment of working conditions (SOUT) was called. The replacement of the term was not the only innovation: for example, the classification of places according to the level of damage to the health of workers has been added to the verification methodology. How to organize and conduct the SATS in 2017?

What is Job Attestation and why is it needed?

Under special assessment working conditions understand a set of actions, including:

• search for harmful and unsafe factors in the production environment and work process;
• determination of the degree of their impact on the health of the company's personnel;
• comparison of the obtained results with the standards of the Ministry of Labor and assignment of a hazard and risk class to workplaces;
• documenting the results.

All jobs are subject to review.

An exception is made for homeworkers, freelancers and those who work under a civil contract for a private individual who has not issued an IP.

Certification is not without reason considered an obligation, and not the right of the employer. Properly and regularly conducted evaluation gives the organization a range of benefits:

• understanding of what needs to be done to optimize the working conditions of employees (provide them with protective equipment, organize medical examinations, etc.);
• correct calculation of the coefficients of insurance payments, due to employees of social security and benefits, pensions;
• reduction of injuries at the enterprise and prevention of occupational diseases;
• the basis for obtaining financial benefits for the organization of labor protection measures, including reimbursement of costs for the SOUT through payments to the Social Insurance Fund;
• correct assessment of professional risks;
• preparation of statistics for regulatory government agencies, etc.

Attestation of working conditions is carried out jointly by representatives of the company and a third-party auditor. To latest law makes a number of demands. The auditing organization must:

• have at least 5 certified specialists on staff, at least one of them with a higher specialized education;
• to have its own research laboratory;
• be listed in the federal registers of legal entities and individuals-experts of the SOUT;
• declare SOUT as one of the key activities in the registration documents.

In addition, an independent auditor must avoid conflicts of interest and work solely on the basis of labor law.

Legal regulation

A special assessment of working conditions is organized taking into account the provisions of:

• TK RF. In Art. 212 of the Code obliges legal entities and individual entrepreneurs to regularly check workplaces and take other measures to ensure the safety of personnel and reduce injuries;
• Federal Law No. 426 dated December 28, 2013. Contains general rules SOUT;
• Order of the Ministry of Labor of the Russian Federation No. 33N dated January 24, 2014;
• Order of the Ministry of Labor No. 976n dated December 5, 2014 on changing the class (subclass) of hazard through the use of effective protective equipment;
• Code of Administrative Offenses of the Russian Federation.

Order No. 33N includes a methodology for assessing and classifying jobs. Since 2014, it has replaced the Order of the Ministry of Health and Social Development No. 342N dated 04/26/2011. The certification results obtained under the old system after 12/31/2013 are invalid.

However, the law introduced a transitional period until January 31, 2018. This is due to the fact that the planned AWS, like a special assessment, is carried out once every 5 years. Companies that have been certified earlier, and auditors who have received the right to engage in SOUT, may not review the results of audits and work under the current certificate until the end of their validity period.

The Code of Administrative Offenses establishes the consequences of violating the rules and methods for conducting a special assessment in paragraph 2 of Art. 5.27.1:

• a warning or a fine of 5–10 thousand rubles. heads of a legal entity;
• a fine of 5–10 thousand rubles. private entrepreneurs;
• a fine of 60–80 thousand rubles. organizations.

A secondary violation threatens not only with larger fines, but also with disqualification and temporary suspension of the certificate.

The procedure for organizing an event

Certification of workplaces (SUT) - a step-by-step procedure:

The commission develops an audit schedule and prepares a list of jobs that will be subject to certification, finds an auditor.

• checks devices and materials used in professional activity, working environment (heating and lighting systems, hoods, emergency exits, etc.);
• gets acquainted with job descriptions, safety rules and other internal documents, and also monitors the actual work process;
• studies the results of the previous certification and statistics of injuries and occupational diseases;
• correlates the information received with the standards established by Order No. 33Н.

• information about yourself with the details of the statutory documents and the SOUT certificate;
• list of certified places;
• SOUT cards with class assignment;
• acts of laboratory research;
• assessment of protective equipment, if they are used by employees;
• a summary table of the above information;
• instructions for optimizing working conditions;
• final assessment.

The report is certified by members of the commission. The results of the certification must be introduced to the employees of the enterprise.

Frequency of holding

Planned certification is carried out every 5 years. Special circumstances may force the company's management to appoint SOUT outside the schedule:

• the emergence of new jobs;
• the use of other technologies, equipment, tools, materials that in the future can change the class of hazard and risk;
• an order from the GIT inspector, if during the inspection violations of labor standards were found;
• replacement of personal protective equipment;
• motivated trade union initiative;
• a case of injury at work or the appearance of an occupational disease in an employee (any state of emergency will cancel the declaration of conformity, which means the need for a full certification).

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 the Labor Code of the Russian Federation, 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. The new law establishes the regulatory and organizational framework, as well as the procedure for conducting a special assessment of working conditions and regulates the legislative position, 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 accounting information system.

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 site. 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 that may be subject to a general assessment, including List No. 1 and List No. 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;
• a final document is drawn up, allowing to draw a conclusion about the working conditions, and, if necessary, to 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. The latest amendments to Federal Law No. 426-FZ of December 28, 2013 “On Special Assessment of Working Conditions” were adopted by the State Duma participants on May 1, 2016.

The following articles should be highlighted in the new version of the law:

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 with 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.

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

What is ARM

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

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

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

Innovations were:

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

These innovations did not affect the timing of certification of workplaces or a special assessment of working conditions. Deadlines are still determined by the employer − normative document about the organization of SOUT.

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

Labor law

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

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

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

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

Administrative law

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

Pension legislation

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

Frequency of holding

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

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

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

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

Price

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

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

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

fines

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

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

Documents following the event

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

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

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

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

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