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 Certification of workplaces has been replaced by a special assessment of working conditions Monitoring the implementation of a special assessment of working conditions

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

Until January 2014, the way to monitor proper working conditions was to regularly conduct workplace certification. Carrying out this procedure involved the formation of a certification commission that verified compliance with legal standards in the field of labor safety.

Innovations in the field of ensuring safe 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 of safe conditions work for hired employees. However, many basic points have undergone significant changes.

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

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

In addition, introduced ban on registration labor relations with a civil contract. That is, if the employee is actually a member of the organization labor relations, this fact must be documented in an employment contract.

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

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

Rules and procedure for conducting a special assessment of working conditions

Job assessments should be carried out special commission.

Sample accreditation certificate

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

In addition, the commission's activities should involve representative of the organization(usually a manager or authorized officer), a representative of the organization's trade union, if there is one, and an occupational safety specialist.

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

Dates special assessment coincide with the certification deadlines, that is, it should be carried out as planned every five years, but this applies only to existing workplaces in respect of which no changes have been made.

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

Conducting timely workplace safety inspections is required to comply with legislation regarding employee labor protection, bring working conditions to established sanitary standards, provide social guarantees for employees employed in conditions recognized as harmful, and provide employees with the necessary means personal protection, conducting routine medical examinations, etc.

In addition, the results of certification and special assessments are used when calculating discounts or allowances when paying insurance premiums to the Social Insurance Fund.

Responsibility The employer is responsible for the timely conduct of the inspection. He is obliged to ensure the formation of the commission and compliance with the inspection deadlines.

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

Kinds

Carrying out special assessments of workplaces can be divided for planned and unscheduled. Planned ones are carried out once every five years.

Unscheduled ones 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, change in raw materials, receipt of new personal protective equipment, etc.), as well as at the request of the trade union and in the event accident at work.

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

Stages of implementation

1. Creation of a special commission– its formation requires the involvement of a specialized organization, cooperation with which is usually formalized by a civil law agreement. The commission itself is formed from specialists from this organization, a representative of the company being inspected, and a labor protection specialist. If the employer has a trade union organization, its representative is also included in the commission.
2. All workplaces are subject to inspection. If there are factors at the enterprise that are dangerous or harmful to the health of employees, or 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 entered into a declaration, which is subsequently submitted to the labor inspectorate.
3. Based on the results of the inspection, the commission is obliged to make a report, which includes information about the studies and measurements carried out, indicates a list of harmful and hazardous factors, an expert opinion is issued on working conditions.
4. Inspection report must be communicated to all employees of the organization, and also published on the official website. Employees are familiarized with signature. 30 days are allotted for publication and review from the date of preparation of the report.

Results of the inspection are used when submitting information to the Social Insurance Fund to calculate insurance premiums; on this basis, the assignment of a hazard class in relation to a specific 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.

Amounts of penalties for the absence of a report on the special assessment, significantly increased.

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

We should also 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 proof of the employer’s guilt and may entail liability, including criminal liability.

The webinar on the procedure for 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 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 slightly.

Latest changes in the law

Download the current version with amendments dated May 1, 2016, regulating the 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:

1. Firstly, penalties for failure to conduct a special assessment were tightened. This change is recorded in the Code of Administrative Offenses of the Russian Federation.
2. The second concerns the methodology by which it is carried out. First of all, this concerns the biological factor.

Throughout 2015, a bill was considered that concerned the abolition of the need for certification (for both small and medium-sized businesses). However, it was rejected, and therefore all companies must undergo the procedure if there are no valid results of its completion.

First of all, the assessment must be carried out for those places where work is carried out in professions that relate to harmful and dangerous working conditions (List No. 1 and List No. 2). The validity period of the special job assessment 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 process. The results are also valid for 5 years. The fine for filing a declaration later than the deadline as of 2019 ranges from 60 to 80 thousand rubles for companies and up to 10 thousand rubles for individual entrepreneurs.

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

By whom and when is the special assessment carried out?

Certification is carried out directly by the employer together with a special certification organization. The latter is understood as a legal entity that is accredited as an organization that has the right to provide assessment services. At the same time, she carries out her measurements on the basis of a corresponding agreement with the employer.

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

• Specialist working in the field of labor protection.
• One or more representatives from the employer.
• 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 evaluation 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 carrying it out and the documents drawn up during this process

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 completed.

The procedure is carried out as follows:

1. To begin with, the working conditions in which employees work are analyzed for compliance with existing standards related to labor protection.
2. Next, an assessment is made of how well each workplace complies with established hygiene standards.
3. After this, an analysis is made of how hazardous the working conditions are.
4. The fourth step is to assess the availability of all necessary uniforms, special work clothes, shoes and additional funds protection (if necessary).
5. Finally, a comprehensive assessment is carried out to understand how optimal and acceptable the 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, 3 main documents will be required:

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

It is necessary to understand that while an assessment is being made of how competent the company is in organizing the workplace of its employees, the employer is obliged to provide the certifying organization with all documentation that is in one way or another related to ensuring labor safety conditions.

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

• List of workplaces that are subject to certification.
• An order to create a commission that will conduct the assessment.
• Information about the certifying organization.
• Order approving the procedure schedule.
• Specialized certification cards.
• A summary table reflecting the classes of working conditions and corresponding compensation.
• A statement including the results of certification of all workplaces.
• A protocol indicating all the main provisions identified and discussed during the commission meeting.
• Action plan to improve working conditions.
• Conclusions prepared after the state examination (if any).

Detailed information about this procedure can be found in the following video:

Possible fines and other sanctions

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

• “Personal” fine for the manager in the amount of 20 to 30 minimum wages.
• A fine for the company in the amount of 200 to 300 minimum wages.

If the official violates labor safety laws in any way repeatedly, 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 liability - its activities are regulated only by an agreement with the employer.

Who may not undergo a special assessment

There are a number of cases in which there is no need to undergo the 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, the company has no employees. Accordingly, there is no need to conduct a special assessment. In addition, if employees work remotely, certification is also not required.

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

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

Another reason is the following situation: for example, a company has several employees occupying the same positions and having the same job responsibilities. Then certification is carried out only 20% of their jobs. However, there is a limitation: You need to evaluate at least 2 places.

Thus, certification is an important event for each company, thanks to which salary bonuses are calculated for individual categories employees, and also determines 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 dated December 28, 2013 came into force. This law determined new order actions, which was previously established by Order of the Ministry of Health dated April 26, 2011 No. 342n “On approval of the procedure for certification of workplaces for working conditions.” From that moment on, the certification of workplaces (AWC) was replaced by a procedure for a special assessment of working conditions (SOUT).

What is workplace certification

By and large, this is the same procedure for special assessment of jobs. The 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 period for certification of workplaces is comparable to the period for conducting a special assessment of working conditions. That is, fundamentally, even though SOUT actually replaced the automated workplace, 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 compensation for workers employed in harmful and dangerous working conditions.

The innovations were:

1. Procedure or stage for identifying harmful and dangerous 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.
2. Filing a declaration of compliance of working conditions with state regulatory requirements and labor protection conditions in the absence (non-identification) of harmful or dangerous production factors.
3. Identification of harmful and dangerous factors in the working 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 in any way affect the timing of workplace certification or special assessment of working conditions. The terms are still determined by the employer - normative document about the organization of SOUT.

In addition to changes in the procedure for conducting automated work, with the adoption of the SOUT, changes were made to the legislation.

Labor legislation

Previously, workers employed in harmful (regardless of the hazard class) and dangerous working conditions, in accordance with the Labor Code of the Russian Federation, were entitled to:

• annual additional paid leave;

• additional payments;

• shortened work week.

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

• hazard class 3.1. - only additional payments;

• hazard class 3.2. - additional payments and annual additional paid leave;

• hazard class 3.3, 3.4 and 4 - additional payments, vacation and shortened working week

Administrative legislation

The Code of Administrative Offenses introduced Article 5.27.1, which provides for liability specifically for violations of the procedure for organizing and conducting special operational procedures and issuing personal protective equipment to employees. Accordingly, new fines have been introduced - from 2,000 to 200,000 rubles or administrative suspension of activities for up to 90 days.

Pension legislation

Now, during periods of work that give the right to early assignment of an old-age pension, the length of service that corresponds to harmful or dangerous, established based on the results of a special assessment of working conditions, is counted.

Frequency of automated work

The frequency of certification of workplaces for working conditions was 5 years, and the assessment of labor conditions is carried out within the same period.

The provisions of paragraph 4 of Article 27 of Federal Law No. 426-FZ stipulate that if an organization carried out an automated work procedure before the specified federal law came into force, the SOUT may not be carried out for five years from the date of completion of the automated work. However, if circumstances arise that require an unscheduled special assessment, a special assessment will have to be carried out without waiting for the end of the planned period.

How often workplace certification 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 carrying out an unscheduled emergency assessment remain the same as for the automated workplace, with the exception of a new independent circumstance in the form of an industrial accident. The full list of grounds for an unscheduled SOUT is specified in Article 17 of Federal Law No. 426-FZ.

Cost of workplace certification

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

1. The price of the contract with the organization that will directly carry out the SOUT. The price may (or may not include):
   - cost of research and measurements;
   - use of special equipment;
   - travel allowances for third-party specialists, etc.
2. The amount of costs based on the results of certification and rationalization of workplaces:
   - if hazard and danger classes are established, additional contributions to the pension fund will be required, as well as bonuses and compensation for employees;
   - acquisition of new or modernization of existing means of collective and individual protection;
   - replacement production equipment, optimization of its placement, etc.
3. Fines for the lack of certification of workplaces or untimely implementation of special assessment work (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 certification 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 an automated workplace or SOUT is:

Name of violation	Amount of fine in rubles
	official	persons without legal entity formation	legal entities
Violation of labor protection requirements set out in federal legislation	warning or from 2000 to 5000	from 2000 to 5000	from 50000 to 80000
Violation of the procedure for conducting SOUT (or failure to conduct)	from 5000 to 10000	from 5000 to 10000	from 60000 to 80000
Admission of an employee without training in labor safety 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
Repeated 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 certification card

Based on the results of the special assessment, the organization that directly carried out the special assessment draws up a report, and the employer approves it. The report is a multi-page and voluminous document, the form of which is approved by Appendix No. 3 to Order of the Ministry of Labor dated 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 is information about:

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

The employer is obliged to familiarize current employees with the information contained in the card within 30 days from the date of approval of the report on the conducted special assessment and assessment.

For enterprises that are engaged in hazardous production, special rules have been developed for its conduct; in particular, periodic conduct of a number of activities called certification is practiced. They are aimed at assessing working conditions in places where there are particular risks, both for personnel and for other people. The point 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 people 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 certification of workplaces changed in light of the changes in 2016?

Back in 2015, it was decided to replace the name “certification” with the term “special assessment”, but there are more serious changes, in particular, enterprises that did not carry out this assessment on time or did so in violation will be punished more severely than this happened earlier. Changes have also been made to the methodology by which the assessment is carried out. There have been several attempts to approve a bill, according to which small and medium business would have been completely exempt from the mandatory completion 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 undergone 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 the certifying organization, but only together with the employer. This organization must have accreditation, which will confirm their authority and right to carry out such checks. To make the necessary measurements, you need to conclude an agreement with the employer. The creation of this commission and the development of the inspection schedule should be carried out by the employer, taking into account the fact that it should include a representative of the field of labor protection, 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 activities from scratch must undergo certification within the first 60 days after starting work. The penalty for failure to do this is a fine of 30 thousand rubles, and if this happens again, the enterprise 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 latest changes, will look like this:

1. The first step is to analyze working conditions in order to detect non-compliance with standards.
2. Next, the workplace is assessed in terms of hygiene standards.
3. The process also includes an analysis of the level of injury risk in the workplace.
4. When the level of provision with protective clothing and protective equipment is determined, representatives of the certifying organization make a comprehensive verdict on all parameters, based on the legislation of the Russian Federation.

From the documentation, without which certification is impossible, we can note the order on the formation of a special commission, the established schedule for certification in the form separate order, and an agreement with an independent certification organization. Based on the results of the work, a report is created, which includes: full list workplaces that have been assessed; the previously listed documentation, certification cards, table of classes of working conditions, etc.

The fine is provided for both the non-compliance of workplaces with the requirements of the commission and the lack of certification. 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 safety standards entails suspension of the enterprise's license for up to three years. If there is a violation on the part of the certification commission, then liability is not provided for at the legislative level, so all the nuances and controversial issues should be spelled out in the contract with the employer.

There are several situations where nothing will happen for not passing the 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 an enterprise, several employees may have the same positions, then no more than 20 percent of all jobs are subject to assessment, taking into account the fact that there will be at least two of them. If an office is rented and there is at least one workplace there, then an assessment must take place, unless it has not been carried out within the last 5 years.

In accounting, the concept of “job certification” has changed to “special assessment of working conditions.” But some accounting specialists continue to use the old concept and ask many questions related specifically to the process of certification of workplaces in the current 2016, as well as innovations.

13.10.2015

A representative of our state’s Ministry of Labor answers the most popular questions regarding innovations in 2016 in the procedure for special assessment of working conditions, previously 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 the special assessment working conditions for representatives of medium and small businesses. This bill was soon 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 take advantage of the discounts applicable to contributions for injuries. This is spelled out in the relevant document, which talks about compulsory social insurance against accidents at work, 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 conduct a special assessment of places of work based on working conditions in order to receive documentary evidence of this certification with its results are in hand.

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

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 in our state, without exception. Its procedure can be found in the official document - Federal Law No. 426 dated December 28, 2013, and the methodology was approved by the Ministry of Labor of our state - Order No. 33n dated January 24, 2014. That is, such a procedure for 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 deferment for this period from carrying out such a procedure (previously it corresponded to order No. 342n of the Ministry of Health and Social Development dated April 26, 2011).

For those who work under a simplified taxation system and do not have such certification results in hand, do they urgently need to carry out a special assessment of jobs in 2016?

According to the adopted general rules that relate to this special assessment, it must be carried out before December 31, 2018. But Federal Law No. 426 (Article No. 10, paragraph 6) lists certain categories of workplaces, 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 falls under 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, paragraph 6.

It is necessary to note the following: if earlier (before 01/01/2014) similar jobs were already 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 (Federal Law, Law No. 426, Article No. 27, paragraph 4).

Which jobs are not subject to the 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 certification 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 during the corresponding certification procedure or special assessment. The more harmful the class, the higher the monetary amount of the additional contribution. More details about this can be found in Federal Law No. 167 of December 15, 2001 (Article No. 33.2, clause 2.1), where all tariff rates additional fees:

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

Upon certification and recognition of working conditions for work at an optimal or acceptable level, additional contributions to the Pension Fund by employers for their employees are not deducted - 0%.

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

If we assume that a businessman (organization) has decided to carry out 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/), engaged in such assessment of jobs, with a staff of at least 5 expert employees;
• It is mandatory to have a certificate for the right to conduct such an assessment;
• higher education of such specialists: doctors in general hygiene, occupational hygiene, sanitary and hygienic laboratory research.

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

After concluding the relevant agreement, what should the employer do next?

After the agreement with the inspection organization is concluded, the employer must issue an order to create a special commission directly involved in this inspection, and approve a schedule of work activities for a special assessment - Federal Law, Law No. 426, Article No. 9, paragraph 1). This commission includes the employer, as its head, his 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 is an odd number.

If the company being inspected does not have a labor safety specialist on staff, what should the employer do in this case?

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

What is the procedure for completing this special assessment?

The certification commission, first of all, approves the list of all workplaces that will be assessed for the class of working conditions. Next, the experts determine this class, and the commission members must approve the final assessment results. The corresponding hazard class is assigned to a 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 a document such as a declaration of compliance of working conditions with regulatory labor protection requirements, which will be valid for 5 years.

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

As mentioned earlier, the registration of a declaration on a special assessment should be carried out by all individual entrepreneurs and organizations that carried out this procedure to assess working conditions for work and did not identify danger or harm, is this true?

Indeed, it is so. This document is filled out according to a specific form - order No. 80n of the Ministry of Labor dated 02/07/2014. If another form is used to fill out, the declaration will be considered invalid.

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

In this case, there is no need to submit such a declaration document - letter No. 15-1/B-1157 of the Ministry of Labor dated September 17, 2014.

Within what time frame must a completed declaration with the results of the special assessment be submitted?

The completed declaration on certification of working conditions must be submitted to the local authority labor inspection(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 conducting the assessment procedure).

What are the deadlines for filing this return 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 case of later submission of this declaration, Russian legislation a monetary fine is provided: for individual entrepreneurs - from 5 thousand rubles to 10 thousand rubles, for organizations - from 60 thousand rubles to 80 thousand rubles (Administrative Code, article No. 5.27).

How is such a declaration submitted?

The employer can submit this document to the labor inspectorate in person or use postal forwarding services, while enclosing a list of all documents contained in the letter and issuing a notification of delivery of this letter - Procedure, paragraph 3.

That is, if there is a record of harmful (or dangerous) factors affecting the health of workers, the declaration with the results of assessing working conditions is not submitted anywhere?

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

In the case where employees are engaged in home-based work activities, do they need to submit a declaration of special assessment?

As mentioned earlier, special assessments are 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 validity of the certification 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 there will be a need 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 are not necessary?

In addition to the general rules for conducting the procedure for assessing working 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 the certification assessment procedure.

In the case where all employees perform home work, but the company 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 in any way 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 carried out for the class of working conditions - physical or legal?

This procedure for special assessment of the working conditions of workplaces should be carried out in those places where the employee’s labor activity itself is carried out. Before the procedure, a special commission must approve a list of all jobs to be assessed. That is, in a situation where the company is registered at one address, and the workers work differently, this procedure is carried out only where the actual location of the employees is recorded - letter No. 15-1/B-724 of the Ministry of Labor dated June 23, 2014.

The following situation: the company carried out certification activities for special assessment of workplaces according to all the rules, but changed its location. Should a repeat special assessment be carried out in this case?

In this case, the results of the first certification will still be valid for 5 years from the date of completion of the relevant procedure. But there are also exception cases described in 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 would be a situation where newly organized workplaces are put into operation. Or 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 have not been created, and the employer does not have any other grounds mentioned above, then a change of address will not be a reason for conducting a repeat special inspection.

If a company employs several managers performing the same work, is a special assessment procedure carried out for a single workplace?

In this case, you need to clarify information about similar places for these employees to work - Federal Law, Law No. 426, Articles No. 9 and No. 16 (clause 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 which the certification results are applied to all similar places of work.