The procedure for certification of workplaces for working conditions. Terms of certification of workplaces. The main factors of the labor process

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 Labor Code RF. 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.

Recent changes in the law

The main change was not only the change of the name of the process, the procedure itself changed radically. Significantly tougher penalties for violating the requirements established by law have also become an important point.

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.

According to statistics, 35% of all violations are the admission of those employees to workplaces who have not been instructed in labor protection.

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 has been made 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 report for the quarter 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 dangerous, harmful production factors, as well as to assess the level of their impact on employees, taking into account fluctuations in the 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.

A special evaluation is being carried out all employers without exception: and on various types enterprises and individual entrepreneurs. Workplaces of the following categories are not subject to verification:

belonging to workers who are engaged in home-based work;
employees working remotely;
employees of employers - individuals who are not individual entrepreneurs.

Previously, certification was required only at those workplaces that use equipment, hand tools, machines, mechanisms, installations, devices, vehicles, apparatus or where sources of danger were located. Now inspection applies to any workplace, regardless of the factors and criteria used in the past. This means that a special assessment of office staff jobs is also necessary. Before the adoption of the law, the issue of office jobs was debatable.

To conduct this special assessment, a special organization is involved, whose experts professionally assess working conditions.

The legislator also worried about the transition period. An employer who has carried out an attestation of a workplace under the old legislation (before January 1, 2014) is exempted from the obligation to conduct a special assessment until the expiration of the results of this attestation. But no more than December 31, 2018. The results of certification are also used for the tasks of a special assessment - for the organization medical examinations, to inform employees about working conditions, to provide employees with the means personal protection, compensation payments, etc.

As for companies that have jobs with dangerous or harmful working conditions, they should conduct an assessment immediately. As well as with jobs that allow an employee to leave for an early retirement pension. Other organizations conduct a special assessment until December 31, 2018. The certification of workplaces, which was carried out in 2014, is considered illegal, and its results cannot be used. This is discussed in a specially issued Letter from the Ministry of Labor of the Russian Federation.

Detailed information about the special assessment is in the following video:

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 individual entrepreneur organizes an 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 need for an unscheduled assessment arises in the event of a change of office and the introduction of new jobs. It must be carried out within 6 months from the date of their commissioning.

The law also provides for other cases of unscheduled assessment:

when it changes 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 with such an organization they conclude civil contract. 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 there are no such factors are entered in the declaration, which is subsequently submitted to labor inspection. 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.

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 an administrative fine for an individual entrepreneur will be from five to ten thousand rubles or the suspension of his 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.

Authority that holds employers accountable for this category offenses - Rostrud.

A repeated violation threatens individual entrepreneurs with a fine of thirty to forty thousand rubles, for legal entities - from one hundred to two hundred thousand rubles.

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.

Certification of workplaces is a set of activities that are carried out specialized company in order to monitor the state of workplaces in the enterprise. The new control procedure was adopted in 2011. The changes affected the list of companies subject to assessment: if previously only enterprises with a priori harmful conditions were subjected to it, today certification of workplaces is supposed to be carried out by office companies, educational and children's institutions, which were not previously subject to certification.

Why is certification needed?

(ARM) is necessary, first of all, because this procedure is established by law. Secondly, the employer needs it as a responsible person responsible for compliance with the standards of keeping workplaces in proper order and the health of employees. The need for an automated workplace is based on the requirements for the management of enterprises:

comply with the law;
control working conditions;
justify the provision of benefits to personnel employed in hazardous production and the appointment of preferential pensions for employees;
avoid unreasonable financial costs for labor protection;
exclude claims from regulatory authorities about the inappropriate condition of workplaces.

Certification measures allow the employer to improve the working conditions of the workforce and save cash. Information on the results of the assessment is reflected in the AWP cards. Information about the state of the Republic of Moldova may become the basis for the FSS to reduce the amount of the employer's contribution to social insurance.

Positive certification results become the basis for granting discounts on contributions to the Pension Fund. Their size will depend on which class is assigned to the workplace.

The legislative framework

The procedure for monitoring the state of the RM is set out in the legislative acts of the Russian Federation:

Federal Law No. 426
Order of the Ministry of Labor No. 33n

Checking the state of working conditions in any organization for deviations from the norms of the law adds a lot of trouble to the manager, but it is he who should be interested in the comprehensive implementation of the automated workplace and its positive outcome, since the benefits from this are much greater than the problems.

The frequency of the AWP

The state of working conditions in the workplace should be monitored every 5 years. From the moment the order is issued on the completion and results of the next certification, the countdown of the next period begins.

If there have been changes at the enterprise, then the automated workplace is made ahead of schedule. Certification must be organized and carried out within 60 days after the head informs the labor inspectorate about such points:

technological processes have changed;
new equipment installed;
increased or decreased production areas.

An extraordinary assessment can be initiated government bodies supervising the state of labor protection, if they revealed violations of its implementation, or the deadlines are not observed.

Order of conduct

Certification of workplaces is carried out in a certain sequence.

Stages of AWP:

Definition of jobs for evaluation. You can download a sample list of RMs that are subject to certification.
Selection of an attesting company and conclusion of a contract for the work.
Publication of a local act on certification.
Familiarization of personnel with the order.
Conducting AWP.
Registration of documentation: protocols of conducted studies, AWP maps.
Drawing up a list of measures to improve working conditions.

Further actions are carried out by the management of the organization according to the plan.

All employees subject to certification must familiarize themselves with the order of the head on the conduct of the automated workplace and sign it.

A month before the start of certification, the management approves the control schedule and brings it to the attention of the workforce.

When drawing up an employment contract, it is recommended to include a clause on attestation in it - this mandatory requirement to its content. If the employee refuses to take part in the AWP, then this fact becomes an additional argument not in his favor: the employer may refuse to hire.

Certification Order

primary document, which is published at the enterprise for the period of the passage of the AWS - an order. The legislation does not provide for a standard format for this local act; each enterprise draws it up in its own form, on its own letterhead. Key Points:

Header: name of the company, full name of the founder.
Publication date, locality.
Name of the order.
Preamble: on the basis of what legislative norms certification is carried out.
The main positions of the content: on the creation of the commission, on the distribution of responsibilities within it, on the timing and time of the attestation period.
List of jobs to be assessed.
Categories of employees who are exempted from attestation, indicating the reasons and referring to legislative acts.
Employer's signature.

The employer is obliged to familiarize the personnel with the assessment criteria, a description of the system for assessing the compliance of employees with their positions based on the results of passing the automated workplace. This item may be included in the order or attached to it as a separate application.

Who conducts certification?

A commission is being created to conduct the AWP. It consists of employees of a special certification body, which has a certificate of accreditation for this type of activity. The employer chooses the organization on his own, concludes an agreement with it for the provision of services, and pays for them.

The functions of the employer include organizing the process in accordance with the established schedule, delivering the commission at the specified time to the enterprise. All attestation actions and paperwork are carried out by the commission independently. The commission includes a representative of the trade union committee of the enterprise to ensure the rights of workers.

Organization Requirements, which certifies jobs:

A record that the evaluation of the PM is the main type of its activity.
Availability of own officially accredited laboratory.
Availability of certificates from the staff on admission to the assessment of working conditions.
Availability of a sanitary doctor.

Workplaces where harmful factors were found in the course of the study are additionally examined using complex laboratory methods. After that, they are assigned a category according to their state: optimal, permissible, harmful or dangerous.

Is job certification required?

AWP once every 5 years at any enterprise is a mandatory procedure established by law. This does not depend on the form of its ownership and the taxation procedure, since under any circumstances the employer must ensure that employees are guaranteed proper working conditions. The procedure for attestation actions is designed to assess how they comply with legislative norms.

The commission evaluates the RM according to the criteria: noise level, vibration, microclimate, severity and intensity of work, the presence of ionizing radiation, chemical and biological parameters. All indicators have an impact on the health of personnel if the norm is not observed.

Workplace attestation card

In the course of the workplace control procedure, the commission fills in a workplace attestation card. The AWP card is a document that displays data on working conditions and test results:

An indication of RMs that do not comply with the standards. If the indicators deviate significantly from the established norms, then the commission makes a decision to prohibit the use of RM. The employer is fined.
Drawing up an action plan to improve existing working conditions, which are aimed at eliminating the identified violations.
Justification for the provision of benefits for employees of the enterprise. If the commission notes in the AWP card that the working conditions do not meet the standards, then it makes a recommendation to the management to appoint additional payments or staff compensation.

The control of their implementation is assigned to the Labor Inspectorate. If the employer does not respond to the remark in the card, then the employee can apply there with a complaint or with statement of claim to court.

When applying for a job, it is necessary to familiarize a potential employee with the contents of the AWP card in order to have an idea about the state of their future workplace.

The card is kept by the company until the next certification. The labor protection service has the ability to track on the map whether working conditions have changed in the direction of improvement over time. The document format is an official form on several sheets.

The cost and timing of the AWP

The cost of workstations is not static, it is different for different enterprises and depends on specific conditions:

area of the study area;
the degree of harmfulness of the factors that have Negative influence on employees;
equipment and materials used by the commission;
the number of studied RMs;
their territorial location.

To determine a more accurate figure, the employer must first send an application to the certification body indicating the necessary parameters of the jobs that are planned to be examined. The organization considers the application within a maximum of 2 days, calculates the cost of the work.

After agreeing on financial issues between the employer and the contractor, an agreement is concluded on the performance of the assessment. The timing of the automated workplace depends on the scope of work, therefore, they are also discussed by the parties individually.

Who may not qualify?

On January 1, 2014, Federal Law No. 426 began to operate, which covers all issues of certification or, as the procedure is now called, assessment of working conditions. There have been changes that have affected some certification issues:

Definition of executors of an estimation. If earlier AWS could be produced on its own, today this responsibility is assigned to specialized organizations.
Rules for assessing biological factors. The number of evaluation criteria has been added.
Responsibility for violation of the terms of evaluation. The punishment of employers for non-compliance with the law has become tougher.

For a long time, the question of the abolition of integrated assessment some small and medium enterprises. Supporters of the abolition of attestation for some types of production did not find support from legislators, therefore, according to amendments to the law, all should undergo attestation. Small businesses, where one person is employed, and no employment contract is drawn up with him, do not pass the AWP. For example, this applies to individual entrepreneurs when the business owner himself performs the necessary work.

Responsibility for not conducting certification

Refusal to conduct certification is a violation of the law. In accordance with the Code of Administrative Offenses, the employer is considered guilty, and, as executive, responsible for the enterprise entrusted to him, is subject to administrative punishment:

Name of violation	Fine (rub.)
Name of violation	Supervisor	IP	Entity
Violation of labor protection standards	Warning / 2-5 thousand	2-5 thousand	5-8 thousand
Violation during certification or failure to conduct	5-15 thousand	5-15 thousand	65-80 thousand
Admission to work without training in labor protection standards	15-25 thousand	15-25 thousand	100-120 thousand
Lack of personal protective equipment	25-30 thousand	25-30 thousand	100-120 thousand
Repeat violations	35-40 thousand / disqualification for 1-3 years	35-40 thousand / shutdown of activities (up to 90 days)	100-150 thousand / suspension of activities (up to 90 days)

Certification of workplaces (video)

This video talks about changes in the legislation regarding the automated workplace, as well as who and when should carry out certification, what are the timing and frequency of this event, etc.

Workplace inspections are carried out by the prosecutor's office or the labor inspectorate. In addition to monetary fines, inspectors can issue orders to violators to eliminate violations or release the head from his position.

Assessment of workplaces

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

All workplaces of an employer registered in in due course as a sole trader or legal entity.

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. An attesting organization can only be a duly accredited legal entity that provides services for assessing workplaces in terms of working conditions. The attesting organization must be independent in relation to the employer, at whose workplaces the attestation is carried out.

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

Functions of the certifying organization

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

The procedure for attestation of workplaces for working conditions

To organize and conduct certification, the head of the organization creates an certification commission, and also establishes a schedule for the work on assessing jobs in terms of working conditions. Part attestation commission include:

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

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

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

Terms of certification of workplaces

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

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

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

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

Use of attestation results

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

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

Terms of approval and registration of attestation of workplaces

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

Carrying out unscheduled certification of workplaces

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

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

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

Notes

Links

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

Wikimedia Foundation. 2010 .

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

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

Assessment of workplaces Encyclopedia of Law

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

ASSESSMENT OF WORKPLACES- - assessment of jobs based on a set of technical, economic and organizational indicators for the development of an organizational plan technical measures to ensure their compliance with modern requirements for working conditions and in the case of ... ... Concise Dictionary economist

Assessment of workplaces- cm. Safe conditions labor ... Big Law Dictionary

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

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

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

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

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 labor law organizations and individual entrepreneurs who are employers, regardless of the taxation regime they apply, must carry out certification of workplaces in terms of 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 attestation of workplaces, a special assessment of working conditions was introduced, which should be carried out in accordance with federal law dated December 28, 2013 N 426-FZ. You can view and download the Federal Law for free, as well as forms and forms of orders for a special labor assessment, by registering at.

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. Since February 26, 2013, the list of jobs subject to mandatory certification has been reduced. 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.

Note that both existing jobs and those newly created in the process of doing business (for example, during the reconstruction of production, the introduction of new equipment) are subject to mandatory certification.

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;

Changing the 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.

At the first stage, the composition of the attestation commission is determined. 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 security of the employee special clothing, special footwear and other personal protective equipment (PPE);

Preparation of proposals for bringing the names of professions and positions of employees in line with the requirements of the Unified Tariff and Qualification Guide for Works and Professions of Workers and the Unified Qualification Guide for Positions of Managers, Specialists and Employees;

Specified unified directories 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 the employment 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 workplace- this 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, you should use the staffing table 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. The specified decision is made with a negative assessment of at least one of the above parameters (clause 38 of the Order).

When classifying working conditions in the workplace as hazardous conditions labor, 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 Order);

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.

Places on working conditions, taking into account the innovations adopted in 2015, received some major changes. The employer must familiarize himself with all the provisions that are mandatory for a special assessment of jobs.

This is how the set of measures began to be called, which sums up the analysis of the working conditions of the personnel.

New in the certification of workplaces for working conditions in 2020

The purpose of the current procedure is to evaluate the existing ones.

Understand the innovations that relate to the conduct complex analysis, you can after reading the Federal Law No. 426-FZ "On a special assessment of working conditions".

The main changes concern:

Change methods. It requires a clear definition of performers and rules for assessing biological factors.
Administrative responsibility for untimely implementation of the procedure.

During 2015, at the legislative level, the issue of canceling a set of assessment activities for certain categories of small and medium-sized businesses was resolved. This provision did not find support from legislators, and in 2020 it will need to be carried out.

The exception will be companies that have operating results after holding the company until 2014.

By whom and when is certification carried out

A special commission is being created to conduct a comprehensive analysis of places of work.

The composition is formed from the following category of specialists:

Specialist of the enterprise engaged in the field of labor protection.
Representative of the employer, competent in topical issues of production.
Representatives of the trade union organization of the enterprise.
An authorized person of the certifying organization.

The involvement of a representative of the certifying company is a mandatory norm. Even if hazards and hazards that can be recorded on your own are identified, the results cannot be recognized as legal.

The attesting company undergoes mandatory accreditation, which confirms the possession of methods for performing the procedure in the prescribed manner.

Evaluation of workplaces has not changed and is 5 years. The previous companies are dated 2009 and 2014.

However, when creating new jobs, the law sets a period of 60 working days from the date of commencement of operation until the moment of a special analysis of this place.

In the event of improvements in working conditions at the workplace, the employer may conduct an extraordinary company to assess the place of work. According to the modified procedure, even if there are recognized results of the workplace assessment, if there is labor, a second procedure will be required.

Find out what a special assessment of working conditions is from the video.

The procedure for certification of workplaces in 2020, paperwork

To carry out control actions as part of a comprehensive assessment of jobs, it will be necessary to carry out some organizational measures:

Create a commission for certification.
The document defines the composition of the governing board.
Schedule of the event.
Action deadlines are set based on separate document signed by the head.
Agreement with the certification organization.
When concluding a contract, the main rule determines the independence of the employer and the invited organization.

A comprehensive examination of the place of work provides for an objective assessment of the state of working conditions. The tenant provides all primary documentation, provides unhindered access to each production site.

The established procedure for certification provides for successive stages of the procedure:

Jobs subject to a comprehensive assessment are determined, including on the basis of List No. 1 and List No. 2.
Active dangerous or harmful factors are highlighted.
They are quantified or qualitative assessment, assessment of compliance with established standards.
The analysis of auxiliary factors is carried out - the provision of overalls and protective equipment for workers.
A final document is drawn up, which allows you to draw a conclusion about the working conditions, and, if necessary, determine the types of compensation or benefits.

The results of a comprehensive assessment for individual places are determined on the basis of the final document, which takes into account:

- initial documents for the start of a set of activities;
- list of jobs for research;

objective information about the certifying organization;
comprehensive assessment card for each workplace;
consolidated documents for all workplaces, including a table by hazard classes, assigned types of compensation;
the final document of the meeting of the attestation commission, indicating the comments and suggestions on the results of the completed work;
an approved action plan to improve working conditions for individual workplaces;
conclusion based on the state expertise of the comprehensive assessment.

The results of the activities carried out are obligatory for the tenant to fulfill any form of ownership in a timely manner.

Penalties for not being certified

Changes in Administrative Code provide for two types of liability for non-compliance with the established Law on a comprehensive assessment of working conditions.

Untimely scheduled (or extraordinary) certification is punished, which provides for a fine of up to 30 thousand rubles, or the suspension of the company's activities for a period of 1 to 3 months.

In addition, punishment is provided for incorrectly conducted certification, where an official will be punished in the amount of 5 to 10 thousand rubles, and a legal entity - up to 80 thousand.

Responsibility for the maintenance of workplaces in an unsatisfactory condition is provided. An official is fined from 20 to 30 minimum wages, and for a legal entity from 200 to 300 equivalent amounts.

It is in the interests of the employer to ensure the fulfillment of the established normative parameters for each harmful factor, with the exception of those places that are included in the mentioned Lists No. 1 and No. 2.

When determining measures for a qualitative change in working conditions, they are also implemented to work in full. After all, punishment for evading the implementation of measures can even lead to the suspension of activities for up to 3 years if they are re-fixed.

Who can not pass the certification of the workplace

There are few cases when a complex procedure for a comprehensive analysis of working conditions is not required. This mainly applies to small businesses.

In the case of employment in the work of only one person, when a contract of employment is not drawn up. Accordingly, there is no need to assess the workplace either.

However, when renting an office where there is at least one workplace, certification will be required.

When working in a company of remote workers, there is also no need to analyze their workplace. Here the number of employees does not play a role.

You can save a little on the performance of certification if there are several similar places with the same type of working conditions.

It is not necessary to inspect every workplace.

It is only important to take into account two limitations:

the analysis is carried out for 20% of the available such places of work;
the number of places for a comprehensive assessment cannot be less than two.

In order to prevent violations in the definition of the scope of work, it is necessary to confirm their quantity in accordance with staffing for the enterprise.

Compliance established procedure and the timing of a comprehensive analysis of jobs will make it possible to establish legal types of compensation and benefits for all categories of workers, to develop measures to improve working conditions.

Payment of administrative punishment for untimely implementation of a set of measures often has a larger amount than the funds needed to improve working conditions.

More about special evaluation working conditions can be found in the video.

In contact with