Special assessment of working conditions. Certification of workplaces has been replaced by a special assessment of working conditions Monitoring the conduct of a special assessment of working conditions

15.11.2020

In accordance with labor protection legislation, any organization that employs employees is obliged to provide them with safe workplaces.

Until January 2014, the way to control the proper working conditions was to regularly conduct attestation of workplaces. Carrying out this procedure was the formation of an attestation commission, which checked compliance with the norms of legislation in the field of labor safety.

Innovations in the field of ensuring the safety of working conditions

Since the beginning of 2014, this form of mandatory verification has been transformed into special assessment of working conditions. The general essence of this assessment can be considered quite similar to the certification of workplaces - control over the provision safe conditions jobs for employees. However, many of the main points have undergone significant changes.

In particular sanctions for violation the timing of the evaluation is now significantly tightened. The size of the fine from legal entities and individual entrepreneurs has become much larger, and now it is possible to apply a measure in the form of suspension of activities for up to 90 days.

Another significant difference is that now almost all jobs located on the employer's premises. The only exceptions are the jobs of employees working remotely, individual entrepreneurs who do not have employees, and jobs created individuals without forming a legal entity and not engaged in entrepreneurial activity.

In addition, introduced ban on clearance labor relations by a civil law contract. That is, if the employee is actually a member of the organization in labor relations, this fact must be formalized in the employment contract.

Despite the fact that the differences between attestation and special assessment are quite significant, the results of attestations conducted before the introduction of special assessment will be valid during the entire period for which they were calculated, that is, five years from the date of implementation (this decision does not apply to enterprises that have hazardous or unhealthy production factors).

Additionally, it is necessary to bring the certification results in line with the current legislation, that is, conclude labor contracts with employees hired under a civil law contract, supplement existing labor contracts with the necessary additional agreements, and timely conduct a special assessment of newly created jobs that did not previously require verification.

Rules and procedure for conducting a special assessment of working conditions

Evaluation of jobs should be carried out special commission.

Sample certificate of accreditation

It includes representatives of a third-party independent organization specializing in conducting inspections in the field of labor protection. Particular attention should be paid to the availability of special accreditation for such activities from the selected organization.

In addition, the activities of the commission should include organization representative(usually a supervisor or designee), a trade union representative of the organization, if any, and an occupational health and safety specialist.

Subject to verification and evaluation all jobs located on the territory of the legal entity, including the places of office employees that were not previously subject to verification. If the organization has several jobs with similar working conditions (location, ventilation, equipment, materials used, etc.), then it is permissible to evaluate 20% of such jobs. At the same time, at least two similar jobs need to be checked.

Dates special evaluation coincide with the terms of certification, that is, it should be carried out according to plan every five years, but this applies only to existing jobs, in respect of which no changes have been made.

New jobs must be reviewed after they are introduced, not five years after the date of the last review. If there have been changes in working conditions (equipment of the place, change of technology, relocation, etc.), then after the completion of these changes, an assessment should be carried out.

Conducting timely safety inspections of workplaces is required to comply with the legislation in terms of labor protection of employees, bring working conditions to established sanitary standards, provide social guarantees for employees employed in conditions recognized as harmful, provide employees with the necessary means personal protection, scheduled medical examinations, etc.

In addition, the results of certification and special assessments are used in calculating discounts or surcharges when paying insurance premiums to the FSS.

Responsibility for the timely conduct of the audit is assigned to the employer. He is obliged to ensure the formation of the commission and compliance with the deadlines for verification.

You can learn more about the rules for this procedure from the following video:

Kinds

Conducting special assessments of jobs can be divided into for planned and unscheduled. Planned are held once every five years.

Unscheduled are required in cases where there are any changes in the working conditions of employees (for example, a change in production technology, replacement of equipment, a change in raw materials, obtaining new personal protective equipment, etc.), as well as at the request of the trade union and in the event of industrial accident.

Also unscheduled inspection can be initiated by the head of the organization in case of improvement in the working conditions of employees. This may make it possible to reduce the amount of insurance payments to the FSS, as well as social guarantees for employees, the cost of personal protective equipment, etc.

Stages

Creation of a special commission- its formation requires the involvement of a specialized organization, cooperation with which is usually formalized by a civil law contract. The commission itself is formed from specialists of this organization, a representative of the audited enterprise, and a labor protection specialist. If there is a trade union organization in the structure of the employer, then its representative is also included in the commission.
All jobs are subject to verification. If there are factors in the enterprise that are dangerous or harmful to the health of employees, high-risk areas, special attention is paid to them. If among such factors there are those that require special measurements and studies, they must be performed. All data received is recorded in the declaration, which is subsequently transferred to the labor inspectorate.
According to the results of the audit, the commission is obliged to make a report, which includes information about the studies and measurements carried out, a list of harmful and dangerous factors, an expert opinion on working conditions is issued.
Verification Report should be communicated to all employees of the organization, and also published on the official website. Familiarization of employees is carried out under the signature. 30 days from the date of preparation of the report are given for publication and familiarization.

The results of the audit are used when submitting information to the FSS for calculating insurance premiums, on this basis the assignment of a hazard class in relation to a particular workplace is calculated. This factor determines the size of the discount or premium when paying insurance premiums.

Pension and insurance contributions increase in proportion to the hazard class of the employee's workplace.

Sizes of penalties for the absence of a report on the special assessment carried out have been significantly increased.

Now an individual entrepreneur risks paying a fine of five to ten thousand rubles for this, a legal entity - sixty - eighty thousand. In addition, an additional measure is provided - the suspension of activities for up to ninety days for both categories.

Also, one should not forget that if an accident occurs on the territory of the organization, and there is no report on the assessment of working conditions, this will serve as automatic evidence of the employer’s guilt and may entail liability up to criminal.

A webinar on the procedure for a special assessment of working conditions is presented in the following video:

Certification refers to a whole range of activities. They are carried out in order to assess the working conditions in various workplaces. First of all, this is relevant for hazardous production.

The purpose of the procedure is to identify hazardous factors, as well as the process of improving working conditions to the level established by the legislation of the Russian Federation. Every year the order of its passage changes somewhat.

Recent changes in the law

Download the current version with amendments dated May 1, 2016, which regulates the conduct of a special assessment of working conditions.

Certification became known as special assessment of jobs. In addition, two major changes appeared in 2015 that will continue in 2019:

First, the penalties for the lack of a special assessment were toughened. This change is recorded in the Code of Administrative Offenses of the Russian Federation.
The second concerns the methodology by which it is carried out. First of all, it concerns the biological factor.

Throughout 2015, a bill was considered that dealt with the abolition of the need for certification (both for small and medium-sized businesses). However, it was rejected, and therefore all companies must undergo the procedure in the absence of valid results of its passage.

First of all, an assessment must be carried out for those places where work is carried out in professions that are related to harmful and dangerous working conditions (List No. 1 and List No. 2). The period of validity of the special assessment of jobs is 5 years.

In 2019, it is mandatory to fill out a declaration in the prescribed form, even for those companies that did not identify dangerous factors during the course. The results are also valid for 5 years. The penalty for filing a declaration later than the deadline for 2019 is from 60 to 80 thousand rubles for firms and up to 10 thousand rubles for individual entrepreneurs.

The results of the assessment of working conditions must be submitted to the Federal State information system accounting. This requirement came into effect on January 1, 2018.

By whom and when a special assessment is carried out

Certification is carried out directly by the employer together with a special certifying organization. The latter refers to a legal entity that is accredited as an organization entitled to provide assessment services. At the same time, she conducts her measurements on the basis of an appropriate agreement with the employer.

The employer is obliged to create a special attestation commission and determine the schedule for the special assessment procedure. The commission must necessarily include the following employees:

Specialist working in the field of labor protection.
One or more employer representatives.
One or more representatives from the body related to trade union organization.
Representatives of the certification company.

The period is set in the following way: if new jobs have been opened, the deadline for their assessment is 60 working days after the start of operation. Otherwise, the employer will have to pay a fine of up to 30 thousand rubles, and in the worst case, suspend the company's activities for a period of 1 to 3 months.

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The procedure for its implementation and the documents drawn up in this case

The legislation establishes a certain procedure for conducting a special assessment of jobs in each company. In addition, there are a number of documents that need to be issued.

The procedure is carried out as follows:

To begin with, the working conditions in which employees work are analyzed for compliance with existing standards related to labor protection.
Next, an assessment is made of how each of the workplaces meets the established hygienic standards.
After that, an analysis is made of how traumatic the working conditions are.
The fourth step is an assessment of the availability of all the necessary uniforms, special work clothes, shoes and additional funds protection (if needed).
Finally, a comprehensive assessment is carried out to understand how optimal and acceptable working conditions are from the point of view of the legislation of the Russian Federation.

There is no specially approved list of documents. However, in order to initiate an assessment, it will be necessary to draw up 3 main documents:

Order on the creation of a special attestation commission. It must be published by the employer and contain information about its composition.
The schedule for the assessment work (to be approved by a separate order).
Agreement with a third-party certifying organization. An important requirement is that she must be a person who is not dependent on the employer.

It must be understood that while an assessment is being made of how competently the company treats the organization of the workplaces of its employees, the employer is obliged to provide the certifying organization with all the documentation that is somehow related to ensuring labor protection conditions.

Based on the results of the procedure, a special report is generated, which includes a number of information and documents:

List of jobs that are subject to certification.
Order on the creation of the commission that will conduct the assessment.
Information about the certifying organization.
Order on approval of the schedule for the procedure.
Specialized certification cards.
A summary table reflecting the classes of working conditions and related compensation.
Statement, including the results of certification of all jobs.
Protocol, which indicates all the main provisions identified and discussed during the meeting of the commission.
Action plan to improve working conditions.
Conclusions prepared after the state examination (if any).

Detailed information on this procedure can be gleaned from the following video:

Possible fines and other sanctions

Untimely assessment (as well as its absence) invariably entails the imposition of administrative responsibility on the employer. In addition, if working conditions do not meet the established requirements, the head of the company will be required to pay a fine consisting of two parts:

"Personal" fine for the head in the amount of 20 to 30 minimum wages.
Fine for the company in the amount of 200 to 300 minimum wages.

If an official repeatedly violates labor laws in any way, his company will be required to suspend operations for up to 36 months. At the same time, the company that provides certification services does not have any statutory responsibility - its activities are regulated only by an agreement with the employer.

Who may not qualify for special assessment

There are a number of cases in which there is no need to undergo a procedure. In particular, this applies to the situation when the only person working in the company is its founder. In this case, there is no employment contract as a document, and, in fact, there are no employees in the company. Accordingly, no special evaluation is required. In addition, if employees work remotely, certification is also not required.

If a company rents a small office that has at least one workplace, evaluation must be carried out without fail.

The next reason for not passing this procedure is the fact that the certification was carried out no earlier than 5 years: this applies even if the company moves.

Another reason is the following situation: for example, a company has several employees who occupy the same positions and have the same official duties. Then the certification only 20% of their jobs. However, there is a limitation: You need to rate at least 2 places.

Thus, appraisal is an important event for every company, thanks to which salary allowances are calculated for certain categories employees, as well as the timing of their retirement. Knowing the conditions for its passage will allow the organization and its leader to avoid problems with the law.

On January 1, 2014, Federal Law No. 426-FZ of December 28, 2013 came into force. This law determined new order actions, which was previously established by the Order of the Ministry of Health of April 26, 2011 No. 342n “On approval of the procedure for attestation of workplaces in terms of working conditions”. From that moment on, the certification of workplaces (AWP) was replaced by the procedure for a special assessment of working conditions (SOUT).

What is job certification

By and large, this is the same procedure for a special assessment of jobs. 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 AWS, in general, 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;
establishing guarantees and compensations for workers employed in harmful and dangerous working conditions.

Innovations were:

Procedure or step for identifying harmful and hazardous factors production environment. The methodology for carrying out this procedure was approved by order of the Ministry of Labor dated January 24, 2014 No. 33n.
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.
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 the 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 in accordance with the Labor Code of the Russian Federation were supposed to:

annual additional paid leave;

surcharges;

shortened work week.

With the introduction of Federal Law No. 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 annual additional paid leave;

hazard class 3.3, 3.4 and 4 - surcharges, vacation and shortened working week

Administrative law

Article 5.27.1 has been introduced into the Code of Administrative Offenses, which provides for liability precisely for violations of the procedure for organizing and conducting SAUT and issuing personal protective equipment to employees. Accordingly, new fines were introduced - from 2,000 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, the length of service that corresponded to harmful or dangerous, established by the results of a special assessment of working conditions, is counted.

The frequency of the AWP

The frequency of attestation of workplaces in terms of working conditions was 5 years, SOUT is carried out at the same time.

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, the SAUT may not be conducted within five years from the date of completion of the automated workplace. However, 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 is decided by the employer: at least annually, but at least once every 5 years, and also every time conditions arise that oblige the employer to conduct an unscheduled SOUT.

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.

The cost of certification of workplaces

The cost of workplace certification (SUT) in 2019 is still determined by several parameters:

The price of the contract with the organization that will directly conduct the SOUT. The price may or may not include:
- the cost of research and measurements;
- use of special equipment;
- travel expenses of third-party specialists, etc.
The amount of costs based on the results of certification and rationalization of jobs:
- if hazard and hazard classes are established, additional contributions to the pension fund, as well as allowances and compensations for employees will be required;
- acquisition of new or modernization of existing means of collective and individual protection;
- replacement of production equipment, optimization of its arrangement, etc.
Penalties for the lack of attestation of workplaces or untimely conduct of the SOUT (the results of the automated workplace can be challenged and found to be untrue). When choosing an organization, pay attention to its statutory documents (OKPD2 code for attestation of workplaces 71.20.19.130), it must be in the register of organizations conducting SOUT.

The regional factor also has its significance, the cost of SOUT in Moscow and Syktyvkar will differ.

fines

In 2019, the amount of fines for the absence of AWP or SOUT is:

Name of violation	The amount of the fine in rubles
Name of violation	official	unincorporated persons	legal entities
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 turn on)	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
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

Results, or workplace attestation card

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 - the map itself is of greatest interest to the employee.

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

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.

For enterprises that are engaged in hazardous production, special rules have been developed for its conduct, in particular, a number of events called certification are periodically practiced. They are aimed at assessing working conditions in places where there are particular risks, both for staff and for other people. The purpose of these activities is not only to detect and assess these risks, but also to develop a number of measures to minimize the negative impact on a person and bring them to the level prescribed by law. They undergo minor changes every year, and the procedure itself changes accordingly.

How has the procedure for attestation of workplaces changed in the light of the changes in 2016?

Back in 2015, it was decided to replace the name “attestation” with the term “special assessment”, but there are more serious changes, in particular, enterprises that did not conduct this assessment on time or did it in violation will be punished more severely than it was before. Changes were also made to the very methodology by which the assessment is carried out. There were several attempts to approve a bill, according to which the small and medium business would have been completely exempted from the mandatory passage of this procedure, but it has not entered into force, so this rule applies to everyone. To a greater extent, risk identification is necessary at hazardous enterprises, but in 2016 this is not necessary for those who have already passed it before 2014, since the frequency of the procedure is once every 5 years. All other enterprises that do not have hazardous factors in their production are obliged to fill out a declaration - otherwise they may face a fine of up to 80 thousand rubles.

Such an assessment is carried out by an attesting organization, but only together with the employer. This organization must have an accreditation that will confirm their authority and the right to carry out such checks. To make the necessary measurements, you need to conclude an agreement with the employer. It is the employer who should create this commission and develop a schedule for passing the inspection, taking into account the fact that it should include a representative of the labor protection sphere, representatives of the enterprise itself, several employees of the trade union organization, as well as an authorized employee of the certifying organization. An enterprise that has started its activity from scratch must undergo certification during the first 60 days after the start of work. The penalty for failure to do this is a fine of 30 thousand rubles, and if this happens again, the company may be temporarily deprived of the right to engage in its activities. As for the procedure for carrying out this procedure, the certification of workplaces in 2016, in view of recent changes, will look like this:

The first step is to analyze the working conditions in order to detect inconsistencies with the standards.
Next, the workplace is assessed in terms of hygiene standards.
The process also includes an analysis of the level of injury risk of the workplace.
When the level of provision with overalls and protective equipment is determined, representatives of the certifying organization issue a comprehensive verdict in all respects, based on the legislation of the Russian Federation.

From the documentation, without which certification is impossible, we can note the order to form a special commission, the established schedule for certification in the form separate order, and an agreement with an independent grading organization. As a result of the work, a report is generated, which includes, full list jobs that have been assessed; the previously listed documentation, attestation cards, a table of classes of working conditions, etc.

The penalty is provided both for non-compliance of jobs with the requirements of the commission, and for the lack of certification passed. The head of the enterprise will have to pay approximately 30 minimum wages, in addition, there is a general fine for the enterprise, which can reach 300 minimum wages. Repeated violation of labor protection standards entails the suspension of the license of the enterprise up to three years. If there is a violation on the part of the certification commission, then there is no liability at the legislative level, so all the nuances and controversial points should be written in the contract with the employer.

There are several situations when nothing will happen for the lack of a passed certification. We are talking about small enterprises, when the only employee is its founder. This means that the practical need for evaluation disappears. The same applies to remote work. At the enterprise, several employees can have the same positions, then no more than 20 percent of all jobs are subject to evaluation, taking into account that there will be at least two of them. If an office is rented and there is at least one workplace, then the assessment must necessarily take place, unless it has been carried out over the past 5 years.

In accounting, the concept of "attestation of jobs" has changed to "special assessment of working conditions." But some accountants continue to use the old concept and ask a lot of questions regarding the process of certification of workplaces in the current 2016, as well as innovations.

13.10.2015

A representative of the Ministry of Labor of our state answers the most popular questions that relate to innovations in 2016 in the procedure for special assessment of working conditions, formerly called workplace certification.

1. Who should quickly conduct a special assessment of working conditions in 2016?

Most recently, deputies of the State Duma of our state considered a draft law that was directly related to the abolition of a special assessment working conditions for representatives of medium and small businesses. Soon this bill was rejected ...

Yes, this is true. The deputies gave the following explanation for their actions: in the event of the cancellation of a special assessment of the working conditions of any organization or individual entrepreneur (by the way, this includes those representatives of this category of business who work with the simplified tax system), they will not be able to use the discounts applicable to contributions for injuries. This is spelled out in the relevant document, which deals with compulsory social insurance against industrial accidents, as well as various acquired occupational diseases- Federal Law No. 125, dated July 24, 1998, article No. 22, paragraph 1, paragraph 2. Therefore, everyone who maintains their accounting according to the simplified tax system must definitely conduct a special assessment of work places in terms of working conditions in order to obtain documentary evidence of this certification with her results in hand.

2. When in 2016 should the procedure for a special assessment of working conditions be carried out?

Explain in more detail how such a special assessment is carried out in the current year.

This special assessment procedure is carried out by all employers of our state without exception. Its procedure can be found in the official document - Federal Law No. 426 of December 28, 2013, and the methodology was approved by the Ministry of Labor of our state - order No. 33n of January 24, 2014. That is, such a procedure for a special assessment of working conditions has been carried out since 2014. If employers conducted such certification before the specified date, then such certification results remain valid for five years. This means that they receive a small delay for this period from carrying out such a procedure (previously it corresponded to order No. 342n of the Ministry of Health and Social Development of 04/26/2011).

For those who work under the simplified taxation system and do not have such attestation results in their hands, is it necessary to urgently conduct a special assessment of jobs in 2016?

According to the accepted general rules that relate to this special assessment, it must be carried out before 12/31/2018. But Federal Law No. 426 (Article No. 10, paragraph 6) lists certain categories of jobs, in the presence of which such certification must be carried out in as soon as possible- Federal Law, Law No. 212 of July 24, 2009, Article No. 58.3.

Such workplaces include those where work belongs to List No. 1 or List No. 2 - dangerous or harmful working conditions. Therefore, specialists in these professions have the opportunity to take advantage of the right to early retirement, some guarantees and compensation cash payments for direct activities with dangerous or harmful conditions- Federal Law, Law No. 426, Article No. 27, Clause 6.

It should be noted that if earlier (before 01/01/2014) such workplaces have already been certified with a positive result, then a special assessment will not be carried out this year, since the previous certification results are in force - five years from the date of completion of the certification procedure (FZ, Law No. 426, Article No. 27, Clause 4).

Which jobs are not subject to special assessment in 2016?

The special assessment procedure does not apply to homeworkers, specialists working remotely, persons who work for employers who are not individual entrepreneurs - Federal Law, Law No. 426, Article No. 3, paragraph 3).

What impact do such attestation results have?

These results, obtained after passing the certification of workplaces, have a direct impact on the so-called additional contributions to the state Pension Fund, accrued by employers to their employees of List No. 1 and List No. 2. Their calculation is made on the basis of the class of working conditions that is assigned in the course of the relevant certification procedure or special assessment. The more harmful the class, the higher the monetary amount of the additional contribution. You can learn more about this from Federal Law No. 167 of December 15, 2001 (Article No. 33.2, clause 2.1), where all tariff rates additional contributions:

dangerous class - 8%;
harmful class - from 2% to 7% (depending on the subclass).

When attesting and recognizing working conditions for working at an optimal or acceptable level, employers do not deduct additional contributions to the Pension Fund for their employees - 0%.

3. The procedure for conducting a special assessment of labor conditions in 2016.

If we assume that a businessman (organization) decided to conduct a special procedure for assessing working conditions, where should he start?

You need to start with the following steps:

third-party is selected specialized organization(website of the Ministry of Labor akot.rosmintrud.ru/ot/organizations/), which is engaged in such assessment of jobs, with a staff of at least 5 experts;
it is obligatory to have a certificate for the right to conduct such an assessment;
higher education from such specialists: doctors in general hygiene, in occupational health, in sanitary and hygienic laboratory research.

An agreement is concluded with the selected organization to conduct a special assessment of working conditions in the field.

After the conclusion of the relevant contract, what should the employer do next?

After the contract with the inspection organization is concluded, the employer must issue an order to create a special commission that deals directly with this inspection and approve the schedule of work for a special assessment - Federal Law, Law No. 426, Article No. 9, paragraph 1). This commission includes the employer, as its head, its representatives (for example, lawyers or heads of departments), a labor protection specialist, a trade union representative (if one works in this company) and experts from the inspection organization with which the contract has been concluded. According to Law No. 426-FZ (Article No. 9, paragraphs 1-3), the number of commission members corresponds to an odd number.

If the staff of the audited company does not have a labor protection specialist, what should the employer do in this case?

In this case, the audited firm must attract such a specialist to be a member of the certification commission.

What is the procedure for completing this special assessment?

The attestation commission, first of all, approves the list of all jobs that will be evaluated for the class of working conditions. Further, the experts are engaged in the fact that they determine this class, and the members of the commission must approve the final results of the assessment. The corresponding hazard class is assigned to the workplace, if it is recognized as dangerous (or harmful) to the health of the worker himself. In the absence of dangerous (or harmful) factors for work, the employer himself fills out such a document as a declaration of compliance of labor conditions with the regulatory requirements of labor protection, which will be valid for 5 years.

4. Which employer must submit a special assessment declaration in 2016?

As mentioned earlier, the execution of a declaration for a special assessment should be carried out by all individual entrepreneurs and organizations that have carried out this procedure for assessing working conditions for work and have not identified danger or harmfulness, is this true?

Indeed, it is. This document is filled out in a certain form - order No. 80n of the Ministry of Labor of 02/07/2014. If a different form is used to fill out, then the declaration will be considered invalid.

Is such a declaration submitted if the working conditions are (according to the certification) acceptable or optimal - 1 and 2 classes?

In this case, such a declaration document does not need to be submitted - letter No. 15-1 / B-1157 of the Ministry of Labor of September 17, 2014.

What is the deadline for submitting a declaration filled in accordance with all the rules with the results of the special assessment?

The completed declaration on attestation of working conditions must be submitted to the local authority labor inspectorate(at the address of residence of the individual entrepreneur or registration of the organization) - Order No. 80n of the Ministry of Labor dated 02/07/2014 (clause 3 of the Procedure for the assessment procedure).

What are the deadlines for filing this declaration in 2016?

This declaration document must be submitted no later than thirty working days from the date of approval by the commission of the report on the results of the special assessment of jobs (Procedure, paragraph 5). In the event of a later submission of this declaration, Russian legislation a fine is provided: for individual entrepreneurs - from 5 thousand rubles to 10 thousand rubles, for organizations - from 60 thousand rubles to 80 thousand rubles (Code of Administrative Offenses, Article No. 5.27).

How is such a declaration made?

The employer can hand over this document to the labor inspectorate personally or use the services of postal forwarding, while attaching an inventory of all the documents in the letter, and issue a notice of delivery of this letter - Procedure, paragraph 3.

That is, in the presence of fixation of harmful (or dangerous) factors affecting the health of workers, the declaration with the results of the assessment of working conditions does not give up anywhere?

Right. About this fact, the organization conducting the certification itself submits all the necessary information to the local branch of the labor inspectorate. And the declaration is needed to record the factual data that some places to work are not dangerous for the workers themselves.

In the case when employees are engaged in home-based work activities, is it necessary to submit a declaration of special assessment?

As mentioned earlier, special assessment is not carried out for home-based and remotely working employees, so the declaration does not require registration.

If after carrying out this special assessment of working conditions (within five years of the validity of the attestation document) one of the workers is diagnosed with an industrial disease or an accident at the workplace is recorded, will the validity of the declaration be interrupted?

Yes, in these cases it will be necessary to conduct an unscheduled certification of labor conditions, after which the declaration document is submitted again - Procedure, paragraph 10.

5. In what cases in 2016 expert assessment working conditions do not need to be carried out?

In addition to the general rules for conducting the procedure for assessing labor conditions in the workplace, laws also provide for special cases. For example, is this procedure necessary if among the employees there is only a founder who acts not only as a director, but also as a chief accountant, without drawing up an employment contract?

In such a situation, a company without an employer and employees, without concluded employment contracts, does not need a certification assessment procedure.

In the case where all employees do homework, but the firm has a lease agreement office space with one workplace, is this special assessment procedure carried out?

Yes, such a procedure is necessary in this situation. The fact that the office is rented does not affect the certification of the workplace itself, which should be assessed according to general rules.

Tell me, at what address of the company is a special assessment for the class of working conditions - physical or legal?

This procedure for a special assessment of the working conditions of workplaces should be carried out at those places where the employee’s labor activity itself is carried out. Before the procedure, a list of all jobs to be assessed must be approved by a special commission. That is, in a situation where the company is registered at one address, and the workers work differently, then this procedure is carried out only where the actual place of the employees is recorded - letter No.

The following situation: the company carried out certification activities for the special assessment of jobs in accordance with all the rules, but changed its location. Is it possible to re-evaluate in this case?

In this case, the results of the first attestation will still be valid for 5 years from the date of completion of the relevant procedure. But there are also exceptions described in the Federal Law No. 426 (Article No. 17).

In what cases can an unscheduled special assessment of labor conditions at workplaces be carried out?

An example is the situation when newly organized jobs are put into operation. Or the basic conditions change technological process, equipment is being replaced, which affects the level of exposure to hazardous (or harmful) production factors on workers. When new places to work with a change of location were not created, and the employer does not have any other grounds from the above, then the change of address will not be a reason for re-special verification.

If the company employs several managers who perform the same work, is there a special assessment procedure for a single workplace?

In this case, it is necessary to clarify information about similar places for the work of these employees - Federal Law, Law No. 426, Articles No. 9 and No. 16 (paragraph 1). If this fact is confirmed, a special assessment is carried out in relation to 20% of the total number of jobs - at least 2. After that, the attestation results are applied to all similar jobs.