Carrying out certification of workplaces according to working conditions. Carrying out certification of workplaces. Example #2. Classifying jobs as similar

Certification of workplaces is a set of activities that are carried out by a specialized company in order to monitor the state of workplaces in an 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 working conditions labor collective and save money. 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 by state bodies supervising the state of labor protection, if they have identified violations of its conduct, or if the deadlines are not met.

Order of conduct

Certification of workplaces is carried out in a certain sequence.

Stages of AWP:

1. Definition of jobs for evaluation. You can download a sample list of RMs that are subject to certification.
2. Selection of an attesting company and conclusion of a contract for the work.
3. Publication of a local act on certification.
4. Familiarization of personnel with the order.
5. Conducting AWP.
6. Registration of documentation: protocols of conducted studies, AWP maps.
7. 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 is a mandatory requirement for 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

The primary document that is issued at the enterprise for the period of the AWP is 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:

1. Header: name of the company, full name of the founder.
2. Publication date, locality.
3. Name of the order.
4. Preamble: on the basis of what legislative norms certification is carried out.
5. 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.
6. List of jobs to be assessed.
7. Categories of employees who are exempted from attestation, indicating the reasons and referring to legislative acts.
8. Employer's signature.

The employer is obliged to familiarize the staff 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 trade union committee enterprises to ensure the rights of workers.

Organization Requirements, which certifies jobs:

1. A record that the evaluation of the PM is the main type of its activity.
2. Availability of own officially accredited laboratory.
3. Availability of certificates from the staff on admission to the assessment of working conditions.
4. Availability in the state 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 attestation procedure 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:

1. 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.
2. Drawing up an action plan to improve existing working conditions, which are aimed at eliminating the identified violations.
3. 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 assign additional payments or compensation to personnel.

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 a statement of claim in 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 factors that have a negative impact 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:

1. Definition of executors of an estimation. If earlier AWS could be produced on its own, today this responsibility is assigned to specialized organizations.
2. Rules for assessing biological factors. The number of evaluation criteria has been added.
3. 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 issue of canceling the comprehensive assessment of some small and medium-sized businesses was not finally resolved. Supporters of the abolition of attestation for certain 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 an official responsible for the enterprise entrusted to him, is subject to administrative punishment:

Certification of workplaces (video)

This video tells about changes in the legislation regarding automated workplaces, as well as about 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 an order to the violators to eliminate violations or release the head from his position.

Carrying out attestation of workplaces is aimed at preventing accidents at work and occupational diseases of employees of the enterprise, as well as at implementing measures to ensure working conditions in accordance with the national regulatory and legal requirements for labor protection.

• study of the influence of harmful factors on human life and health as a result of work activities;
• economic feasibility of using benefits and compensations for harmful working conditions to certain categories of professions;
• development of measures to improve existing working conditions and reduce the detrimental effect on human physical health.

According to the Labor Code of the Russian Federation, the Federal Law on Certification of Workplaces, Order of the Ministry of Health No. 342n, employers and organizations are required to conduct an appropriate check and provide their subordinates without hazardous conditions labor.

Description of the law on attestation of workplaces

From January 1, 2014, workplace certification was replaced by a special assessment of working conditions, which will be carried out in accordance with Federal Law No. 426 of December 28, 2013. This law was adopted by the participants State Duma December 23, 2013 and approved by the Federation Council on December 25. The new law establishes the regulatory and organizational framework, as well as the procedure for conducting a special assessment of working conditions and regulates the legislative position, the rights, obligations and responsibilities of the accomplices of this certification.

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

• the subject of regulation of the current Federal Law;
• regulation of special certification;
• special certification of working conditions;
• rights and obligations of the entrepreneur;
• rights and obligations of employees;
• application of relevant results.

Chapter two. The procedure for conducting a special assessment of working conditions:

• Article 8. Institution that conducts certification;
• Article 9. Preparation for the event;
• Article 10. Authentication of potentially harmful and harmful factors;
• Article 11. Proclamation of the conformity of working conditions;
• Article 12 Research and measurement of working conditions;
• Article 13. Harmful and pernicious factors of the working environment and labor order;
• Article 14. Types of conditions;
• article 15. The results of the attestation;
• article 16. Features of the certification;
• Article 17. Carrying out an unscheduled inspection;
• article 18. Federal nationwide Information system accounting.

Chapter Three(Articles 19-24). Institutions that carry out special assessments of working conditions. This section includes the following organizations:

• expert;
• register of organizations;
• an independent institution that conducts unscheduled certification;
• quality examination;
• guaranteeing the fulfillment of the obligations of all institutions.

Chapter Four(vv 25-28). Final provisions of the law. Regulates:

• nationwide and trade union supervision of compliance with the norms and requirements of the current law;
• disagreement regarding the issues of conducting special certification and improving working conditions;
• transitional provisions;
• the procedure for the entry into force of the law.

Until the end of 2013, the certification procedure was carried out in accordance with the Order of the Ministry of Health of April 26, 2011 No. 342n. However, a new Order of the Ministry of Labor of December 12, 2012 No. 590n was developed, which also entered into force on January 01, 2014.

The procedure for attestation by law

Evaluation of the workplace provides for an objective certification of working conditions. The employer provides all the necessary documentation, guarantees unhindered access to each production site. To carry out attestation actions, it is necessary to take some organizational measures. The employer creates an appropriate committee, and also determines the composition of the governing council. After that, a schedule for the assessment of jobs is drawn up. Terms of implementation are regulated on the basis of special documentation. An agreement is concluded between the employer and the institution regarding the certification.

The statutory certification process is as follows:

• workplaces are established that may be subject to a general assessment, including List No. 1 and List No. 2;
• harmful and harmful factors are determined;
• a review of supporting factors is carried out, namely, guaranteeing the availability of overalls and protective equipment for employees;
• a final document is drawn up, allowing to draw a conclusion about the working conditions, and, if necessary, to establish the types of mandatory benefits and compensation.

Important! The relevant procedure does not apply to remote employees and individuals who entered into an agreement with an employee, not an entrepreneur.

Law changes

The main change was not only the change of the law, the order of the procedure was significantly changed. And also the responsibility for non-compliance with the norms and requirements established by the legislation of Russia was toughened. Last changes into Federal Law No. 426-FZ of December 28, 2013 “On a special assessment of working conditions” were adopted by the participants of the State Duma on May 1, 2016.

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

In this article, clause 1 of part 6 has been changed: "jobs of employees, professions, positions, specialties of which were included in the lists of relevant works, industries, professions, taking into account which the early appointment of an old-age insurance pension is implemented."

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

According to the new edition, unscheduled special certification is carried out within 12 months from the date of occurrence of the cases specified in paragraphs 1, 3 of part one of this article.

In accordance with the developed innovations, the basis for creating the rights of employees employed in the relevant workplace for the early appointment of an old-age insurance pension.

The main provisions of the new law establish that the assessment of the harmfulness of working conditions is carried out at all workplaces, including places with computers and office equipment. It is mandatory to assign a class of danger and (or) harmfulness.

Download the law on attestation of workplaces

The new version of the law clearly states that the employer is responsible for the implementation of certification, as well as the reliability of providing information to the national labor inspectorate. For non-compliance with Russian legislation, responsible persons face administrative liability in the amount of 1,000 to 5,000 thousand rubles. For a similar offense, the relevant authorities have the right to disqualify the employer / organization for a period of one to three years.

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

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

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

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

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

Recent changes in the law

The main change was not only the change of the name of the process, the procedure itself changed radically. We will talk about it further. 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.

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

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

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

What should be done now?

A special assessment is a holistic set of activities that are aimed at identifying hazardous, harmful production factors, as well as assessing the level of their impact on employees, taking into account fluctuations 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.

Who and how conducts a special assessment?

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

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

The law also provides for other cases of unscheduled assessment:

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

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

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

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

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

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

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

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

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

Possible fines and other sanctions

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

• The amount of 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.

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

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

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

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

There is only one comment - small and medium-sized businesses in our country are being strangled and strangled. Which workplace a lawyer, for example, or a sales manager?

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

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

For 4 jobs they ask for 20t.r.

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

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

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

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

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Assessment of workplaces

the most important articles for you

What is job certification

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

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

Violation of labor protection requirements set forth in federal legislation

warning or 2000 to 5000

from 2000 to 5000

from 50000 to 80000

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

from 5000 to 10000

from 5000 to 10000

from 60000 to 80000

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

from 15000 to 25000

from 15000 to 25000

from 110000 to 130000

Failure to provide workers with PPE

from 20000 to 30000

from 20000 to 30000

from 130000 to 150000

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

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

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

Results, or workplace attestation card

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

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

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

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

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

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

Full or partial copying of materials is prohibited,

Organization and carrying out certification of workplaces

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

What is Job Attestation and why is it needed?

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

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

All jobs are subject to review.

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

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

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

Attestation of working conditions is carried out jointly by representatives of the company and a third-party auditor. To the latter, the law puts forward a number of requirements. The auditing organization must:

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

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

Legal regulation

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

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

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

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

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

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

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

The procedure for organizing an event

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

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

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

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

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

Frequency of holding

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

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

On September 1, 2011, a new Procedure for attestation of workplaces in terms of working conditions began to operate. The document describes in more detail the regulations for this complex procedure, the composition of the participants, their duties and requirements for them.

By order of the Ministry of Health and Social Development of Russia dated April 26, 2011 N 342n, a new Procedure for attesting workplaces in terms of working conditions (hereinafter referred to as the Procedure) was approved. It entered into force on September 1, 2011.
Up to this point, the previous Certification Procedure was in effect, which was approved by the Order of the Ministry of Health and Social Development of Russia dated August 31, 2007 N 569 "On Approval of the Procedure for Certification of Workplaces for Working Conditions."

What is the certification of workplaces for working conditions

Certification of workplaces for working conditions is an assessment of working conditions at workplaces. It is carried out in order to:
- identification of harmful and (or) dangerous production factors;
- implementation of measures to bring working conditions in line with state regulatory requirements for labor protection.
This is stated in Art. 209 of the Labor Code.

Legal grounds for attestation

Before we move on to the consideration of the new Procedure, we recall the provisions of the Labor Code that regulate the rules and procedures for certification.

Employer's obligations

The employer is obliged to provide safe conditions and labor protection. In this regard, he must take certain measures, including the certification of workplaces for working conditions. This is established in Art. 212 of the Labor Code.

Who sets the certification rules

Certification of workplaces in terms of working conditions is carried out in the manner established by the federal executive body responsible for the development of state policy and legal regulation in the field of labor (Article 209 of the Labor Code of the Russian Federation). Such an agency today is the Ministry of Health and Social Development of Russia (Decree of the Government of the Russian Federation of June 30, 2004 N 321).

Note. Certification and contributions to the FSS of the Russian Federation
The Ministry of Health and Social Development of Russia plans to amend Art. Art. 17 and 22 of the Federal Law of July 24, 1998 N 125-FZ. It is possible that employers will be required to report to the FSS of the Russian Federation information on the results of attestation of workplaces in terms of working conditions and mandatory medical examinations of employees.

The draft also provides that the amount of a discount or premium to the insurance rate will be calculated based on the results of the company's work for three years, taking into account the state of labor protection, including the results of attestation of workplaces for working conditions and mandatory medical examinations of employees. Currently, one prior year is included in the calculation.

Why certification is needed

According to paragraph 3 of the Procedure, the results of certification of workplaces for working conditions are necessary:
- to monitor the state of working conditions in the workplace;
- application of discounts (surcharges) to the insurance rate of contributions in case of injury;
- preparation of a list of names of persons subject to mandatory medical examinations;
- providing employees with personal protective equipment;
- establishment of reduced working hours, annual additional paid leave, increased wages for employees engaged in hard work, work with harmful and (or) dangerous and other special working conditions;
- bringing the names of positions (professions) into line with the names indicated in the All-Russian Classifier of Workers' Professions, positions of employees and wage categories, etc.

Who should certify

Certification, as before, should be carried out by employers, regardless of their organizational and legal forms and forms of ownership (clause 1 of the Order):
- legal entities;
- individual entrepreneurs.
The requirements of the Procedure do not apply to employers - individuals who are not individual entrepreneurs.

When is the certification

The timing of certification is set by the employer based on the fact that each workplace must be certified at least once every five years (clause 8 of the Procedure). This position has remained unchanged. However, now the Procedure states that the specified period is counted from the date of completion of the previous certification. The date of issuance of the order on the approval of the composition of the certification commission and the certification schedule is taken as the start date for the next certification.

The new Procedure notes that the certification of newly organized workplaces should be started no later than 60 working days after they are put into operation. Previously, paragraph 7 of the previous Procedure provided that newly created jobs are subject to certification after they are put into operation.

Unscheduled certification

The concept of unscheduled certification has been introduced. It is carried out (clauses 47 and 48 of the Order):
- when commissioning newly organized jobs - in full;
- according to the results of the state examination of working conditions, carried out in order to assess the quality of the certification procedure;
- when taking measures to bring working conditions in line with state regulatory requirements for labor protection, as well as measures to improve working conditions;
- replacement of production equipment;
- in case of a change in the technological process;
- changes in the means of collective protection.
The results of unscheduled certification are issued in general order. At the same time, a new attestation card is created for each workplace, taking into account changes and additions (we will talk about it and other documents that need to be issued during the certification of workplaces in the next issue).

What jobs are subject to certification

All workplaces of the company are subject to certification (clause 4 of the Order). However, in some cases, measurements, as well as the assessment of factors in the working environment and the labor process, may threaten the safety of workers or specialists conducting certification.
In such situations, the attestation commission makes a reasoned decision that measurements and evaluation will not be carried out, the working conditions at these workplaces are classified as dangerous. Such a decision is drawn up in writing, it is signed by the members of the attestation commission and attached to the attestation materials.

Similar jobs. There is such a thing as similar jobs. The assessment of production factors at such workplaces is carried out on the basis of data obtained during the certification of 20% of workplaces (but not less than two).

Jobs are recognized as similar if:
- professions or positions have one name;
- when conducting the same type of technological process in the same mode of operation, the same professional duties are performed;
- the same type of production equipment, tools, fixtures, materials and raw materials are used;
- work is carried out in one or more similar premises or outdoors;
- the same type of ventilation, air conditioning, heating and lighting systems are used;
- production equipment, vehicles etc. located at the workplace in the same way;
- there is the same set of harmful and (or) hazardous production factors of the same class and degree;
- there is the same provision with personal protective equipment (this item appeared in the new Order).
If all conditions are met, jobs are recognized as similar. If at least one job that does not meet the criteria of similarity is identified, 100% of jobs are evaluated. After that, a new list of jobs subject to certification is determined.
For similar jobs, one job attestation card for working conditions is filled out.
Working conditions and measures to improve them, established for at least one workplace out of 20% of similar workplaces, are the same for all similar workplaces (clause 40 of the Order).
Non-stationary jobs. If the workplace is not stationary, the procedure for its certification changes somewhat.
First, typical technological operations are determined with a stable set and magnitude of harmful and (or) hazardous production factors. These operations are then evaluated. The execution time of each operation is determined by an expert (based on local regulations), by interviewing employees and their immediate supervisors.

About responsibility

Now, in paragraph 52 of the Procedure, it is clearly stated that the employer is responsible for the certification, reliability and completeness of the submission of information to the state labor inspectorate. Responsibility for the reliability of measurements and assessments lies with the employer and the certifying organization. V the same order there was no such rule.
Recall that violation of labor legislation and labor protection threatens with administrative fines (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). For an official, it will be from 1000 to 5000 rubles. (and if it was previously subjected to administrative punishment for a similar offense, then this may result in disqualification for a period of one to three years). For entrepreneurs, the fine will be from 1000 to 5000 rubles. or administrative suspension of activities for up to 90 days. The company may part with the amount of 30,000 - 50,000 rubles, or its activities will be suspended for up to 90 days.

Distribution of responsibilities for certification

In the new Procedure, the responsibilities for organizing and conducting certification between its participants are more clearly distributed.
Certification is carried out jointly by the employer and the certification organization. She is attracted on the basis of a civil law contract (clause 6 of the Order). Previously, the certifying organization was involved only when necessary.

Certifying commission

New order provides that the attestation commission is created by the employer. It also determines the schedule for the certification work.
Composition of the attestation commission. The attestation commission should consist (clause 10 of the Procedure):
- from representatives of the employer (heads of structural divisions, lawyers, specialists in personnel, labor and wages, chief specialists, medical workers and other employees). Some of them will lead the certification commission;
- labor protection specialist;
- a representative of the elected body of the primary trade union organization or other representative body of workers;
- representatives of the certifying organization. They also assess the compliance of working conditions with state regulatory requirements for labor protection (clauses 14, 20 and 29 of the Order).
A new rule has been introduced into the Order that concerns microenterprises and small businesses. If attestation is carried out at their place, the composition of the attestation commission can be reduced. It includes (clause 10 of the Order):
- the employer (his representative);
- representatives of the certifying organization;
- representatives of the elected body of the primary trade union organization or other representative body of employees (if any);
- representatives of an organization or a specialist engaged by the employer under a civil law contract to carry out the functions of the labor protection service (labor protection specialist).

Responsibilities of the certification committee. According to clause 12 of the Procedure, the certification commission must perform the following actions:
1. Manage and control the certification at all its stages.
2. Form a set of regulatory legal and local regulations, organizational, administrative and methodological documents necessary for attestation and organize their study.
3. Draw up a list of jobs subject to certification (its sample is given in Appendix No. 1 to the Procedure).
4. Prepare proposals for bringing the names of professions and positions of workers in line with their names in the ETKS of works and professions of workers (ETKS of positions of managers, specialists and employees).
5. Assign a unique serial number to each workplace (no more than eight characters).
6. Fill out and sign attestation cards.
7. Prepare proposals (if necessary) on amendments and (or) additions to the employment contract in terms of the obligation of the employer:
- to provide the employee with personal protective equipment;
- establishment of an appropriate regime of work and rest;
- to provide employees with other guarantees and compensations for work with harmful and (or) dangerous working conditions.
8. Based on the results of certification, develop an action plan to bring working conditions in line with state regulatory requirements for labor protection. It says so in Art. 211 of the Labor Code.

Certifying organization

The new rules clearly define the requirements for the certifying organization. It may be entity, accredited in the manner prescribed by the Order of the Ministry of Health and Social Development of Russia dated April 1, 2010 N 205n.
The certifying organization must be an independent person in relation to the company, at the workplaces of which the certification is carried out.
The employer has the right to involve several attesting organizations. The work between them can be distributed both by the number of workplaces subject to certification, and by the types of work performed at the workplaces.
The employer concludes an agreement with the certifying organization, according to which it is obliged:
- make measurements;
- assess the compliance of working conditions with state regulatory requirements for labor protection;
- draw up and prepare an attestation report;
- submit at the request of the employer justification of the conclusions drawn.
During certification, the certifying organization:
- determines the methods for carrying out measurements and assessments, the quantitative and personal composition of specialists conducting measurements and assessments;
- examines in full the documentation related to the organization of work to ensure the requirements of labor protection in the company, at the workplace of which certification is carried out;
- requests and receives from the employer (his representative) clarifications on issues that have arisen during the certification.
The organization may refuse to conduct certification if the employer fails to provide the necessary documentation or refuses to provide the conditions required by regulatory documentation for measurements and assessments.

How is the certification

The attestation commission must assess the compliance of working conditions with state regulatory requirements for labor protection. To do this, the following assessment is carried out sequentially:
- compliance of working conditions with hygienic standards;
- traumatic workplaces;
- provision of workers with personal protective equipment (hereinafter referred to as PPE);
- working conditions at workplaces (complex).

Evaluation according to hygienic standards

In this case, the certifiers must evaluate all the factors of the production environment and the labor process available at the workplace that are characteristic of the technological process and equipment used in the workplace. this place(clause 15 of the Order).
The list of factors of the working environment and the labor process to be assessed is formed based on the state regulatory requirements for labor protection, the characteristics of the technological process and production equipment, the raw materials and materials used, the results of previous measurements of indicators of harmful and (or) hazardous production factors, as well as the proposals of employees .
Instrumental measurements are used for evaluation. In addition, they analyze the levels of factors of the production environment and the labor process in the course of the implementation of regular production (technological) processes and (or) regular activities of the organization.
Hygienic assessment of working conditions should be carried out in accordance with the document "Guidelines for the hygienic assessment of factors of the working environment and the labor process. Criteria and classification of working conditions" (R 2.2.2006-05), approved on July 29, 2005 by the Chief State Sanitary Doctor of the Russian Federation. According to this Guide, there are (Table 1) four classes of harmfulness and danger of workplaces. All data recorded during the assessment of hygienic standards is entered into the protocol of measurements and assessments (we will talk about filling it out in the next issue).

Workplace injury risk assessment

When assessing the injury risk of workplaces, the certifying organization examines (clause 21 of the Procedure):
1) production equipment. In particular, the presence and compliance with the standard are checked for:
- a set of operational documentation;
- means of protecting workers from the impact of moving parts of production equipment, as well as flying objects;
- fencing of elements of production equipment, damage to which is associated with the occurrence of danger, including the presence of latches, interlocks, sealing and other elements, signal coloring and safety signs;
- signaling devices for violations of the normal functioning of production equipment, means of emergency shutdown, including the presence of devices that make it possible to exclude the occurrence of dangerous situations in the event of a complete or partial interruption of power supply and its subsequent restoration, as well as damage to the power supply control circuit (spontaneous start when power supply is restored, failure to execute an already issued command to stop);
- protection of electrical equipment, electrical wiring from various kinds of influences;
2) fixtures and tools used in the implementation of technological processes;
3) compliance with the training of employees on labor protection established requirements(Joint Decree of the Ministry of Labor of Russia and the Ministry of Education of Russia dated January 13, 2003 N 1/29).
The certifying organization finds out whether the above objects comply with labor protection requirements (their failure to comply may lead to injury to workers), including:
- requirements for protection against mechanical impacts;
- requirements for protection against the effects of electric current;
- requirements for protection against exposure to high or low temperatures;
- requirements for protection against toxic effects chemical substances.
Assessing the injury hazard of production equipment, specialists analyze the technical documentation that contains safety requirements for the performance of work, conduct an external inspection of the equipment during normal operation for compliance with the requirements of current regulatory legal acts on labor protection.
Tools and fixtures are inspected and checked for compliance of their condition with the requirements of regulatory legal acts on labor protection.

They can also check for certificates or declarations of compliance with safety requirements.
According to the results of the injury risk assessment, working conditions are classified into three classes.

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Assessment of the provision of workers with PPE

After the hygienic working conditions and injury risk of workplaces are assessed, the next stage of certification begins - the assessment of the provision of workers with personal protective equipment.
To assess the provision of workers with PPE, the specialists of the certification organization:
- compare the nomenclature of the actually issued PPE with the corresponding standard norms for the free issue of PPE to employees;
- check the availability of certificates (declarations) of compliance with PPE issued to employees;
- check whether the procedure for providing employees with PPE is being followed (established by Order of the Ministry of Health and Social Development of Russia dated 01.06.2009 N 290n);
- evaluate the compliance of the issued PPE with the actual state of working conditions at the workplace.
The workplace is considered to meet the requirements for the provision of PPE to employees, subject to compliance with all requirements for the provision of PPE. In the presence of one or more non-compliances, the workplace is considered not to meet the requirements for providing employees with PPE.
If the issuance of personal protective equipment is provided for by the standard norms for the free issuance of PPE to employees established by law, and is required by the actual state of working conditions, the assessment of the provision of workers with personal protective equipment is documented in a protocol for assessing the provision of PPE workers at the workplace. Its sample is given in Appendix No. 5 to the Order.
To carry out certification of workplaces according to working conditions, the employer should prepare a number of documents

Certification results

Based on the results of certification, a comprehensive assessment of the state of working conditions at the workplace is carried out. It includes the results of all previous assessments (clause 36 of the Order). In table. 4 on p. 102 reflects the relationship between the results of the evaluation of each stage of certification and the final decision (clause 37 of the Procedure). Please note that the concept of "conditionally certified", as before, does not apply.

When classifying working conditions as hazardous, the company must 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.

We report to the labor inspectorate

After the certification, the employer, within 10 calendar days from the date of issuance of the order to complete the certification and approval of the certification report, must send it to the state labor inspectorate in the subject Russian Federation(clause 45 of the Order):
- a summary sheet of the results of attestation of workplaces in terms of working conditions;
The company must send documents on paper and electronic media.
On electronic media, these documents are transferred by the certifying organization to the federal system for collecting, processing and storing data.
Prior to the entry into force of the new Procedure for attestation of workplaces for working conditions, the employer company had to send to the labor inspectorate:
- list of certified workplaces;
- statements of workplaces of departments of the organization and the results of their certification;
- a summary sheet of workplaces of the organization and the results of their certification;
- information about the certifying organization.

• Hazard classes according to hygienic working conditions (RTF 66.659 Kb)
• Workplace Injury Class (RTF 44.699 Kb)

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

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

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

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

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

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

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

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

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

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

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

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

The procedure for certification and its exact terms

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

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

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

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

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

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

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

Penalties for violation of the rules and terms of certification

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

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

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

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

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

In accordance with Article 209 of the Labor Code of the Russian Federation (Collected Legislation of the Russian Federation, 2002, N 1 (part 1), art. 3; N 30, art. 3014, 3033; 2003, N 27 (part 1), art. 2700; 2004, N 18, item 1690; N 35, item 3607; 2005, N 1 (part 1), item 27; N 13, item 1209; N 19, item 1752; 2006, N 27 , item 2878; N 41, item 4285; N 52 (part 1), item 5498; 2007, N 1 (part 1), item 34; N 17, item 1930; N 30, item 3808; N 41, item 4844; N 43, item 5084; N 49, item 6070; 2008, N 9, item 812; N 30 (part 1), item 3613; N 30 (part 2) ), item 3616; N 52 (part 1), item 6235, 6236; 2009, N 1, item 17, 21; N 19, item 2270; N 29, item 3604; N 30, item 3732, 3739; N 46, item 5419; N 48, item 5717; N 50, item 6146; 2010, N 31, item 4196; 52 (part 1), item 7002; 2011, N 1, 49) and subparagraph 5.2.65.2. Regulations on the Ministry of Health and social development of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 30, 2004 N 321 (Collected Legislation of the Russian Federation, 2004, N 28, Art. 2898; 2006, N 19, Art. 2080; 2008, N 11 (part 1), 1036; N 15, item 1555; N 23, item 2713; N 42, item 4825; N 46, item 5337; N 48, item 5618; 2009, N 3; item 378; N 2 , item 244; N 6, item 738; N 12, item 1427, 1434; N 33, item 4083, 4088; N 43, item 5064; N 45, item 5350; 2010, N 4; item 394; N 11, item 1225; N 25, item 316; N 26, item 3350; N 31, item 4251; N 35, item 4574; N 52 (part 1), item 7104; 2011, No. 2, item 339; No. 14, item 1935, 1944), I order:

1. Approve the procedure for attestation of workplaces for working conditions in accordance with the appendix.

2. To put into effect the Procedure for attestation of workplaces in terms of working conditions, approved by this order, from September 1, 2011.

3. Carrying out attestation of workplaces for working conditions before the entry into force of this order is carried out in accordance with the Procedure for attestation of workplaces for working conditions, approved by order of the Ministry of Health and Social Development of Russia of August 31, 2007 N 569 "On approval of the procedure for attestation of workplaces for working conditions labor" (registered by the Ministry of Justice of Russia on November 29, 2007 N 10577). The results of certification of workplaces in terms of working conditions, carried out in accordance with the order of the Ministry of Health and Social Development of Russia dated August 31, 2007 N 569, are valid until the next certification of workplaces in terms of working conditions.

4. Recognize invalid from September 1, 2011 the order of the Ministry of Health and Social Development of Russia of August 31, 2007 N 569 "On approval of the procedure for attestation of workplaces for working conditions" (registered by the Ministry of Justice of Russia on November 29, 2007 N 10577).

Minister T. Golikova

Appendix

The procedure for attestation of workplaces for working conditions

I. General provisions

1. The procedure for attestation of workplaces for working conditions (hereinafter referred to as the Procedure) establishes the requirements for attestation of workplaces for working conditions (hereinafter referred to as certification), registration and use of certification results.

The requirements of the Procedure apply to employers - legal entities and individuals (with the exception of employers - individuals who are not individual entrepreneurs) (hereinafter referred to as the employer), as well as organizations providing services for attestation of workplaces (hereinafter referred to as the attesting organization), regardless of their organizational and legal forms and forms of ownership.

2. Certification is carried out in order to assess working conditions at workplaces and identify harmful and (or) dangerous production factors.

3. The results of certification are used for the purposes of:

development and implementation of measures to bring working conditions in line with state regulatory requirements for labor protection;

the establishment of employees engaged in heavy work, work with harmful and (or) dangerous and other special working conditions, reduced working hours, annual additional paid leave, increased wages;

informing employees about working conditions at the workplace, about the existing risk of damage to health, about measures to protect against exposure to harmful and (or) dangerous production factors and relying on employees engaged in heavy work, work with harmful and (or) dangerous and other special conditions labor, compensation;

monitoring the state of working conditions in the workplace;

occupational risk assessment;

providing employees with personal protective equipment that has passed mandatory certification or declaration of conformity, as well as collective protective equipment;

preparation of statistical reporting on working conditions and compensation for work in harmful and (or) dangerous working conditions;

confirmation of compliance of the organization of work on labor protection with state regulatory requirements for labor protection;

preparation of contingents and a list of names of persons subject to mandatory preliminary (when entering a job) and periodic (during employment) medical examinations (examinations) of employees;

calculation of discounts (surcharges) to the insurance rate in the system of compulsory social insurance of employees against industrial accidents and occupational diseases;

resolving the issue of the relationship of the disease with the profession in case of suspicion of an occupational disease, as well as in establishing the diagnosis of an occupational disease;

consideration of issues and disagreements related to ensuring safe working conditions for employees;

sanitary and medical support for employees in accordance with the requirements of labor protection;

substantiation of labor restrictions for certain categories of workers;

bringing the names of positions (professions) into line with the names indicated in the All-Russian Classifier of Professions of Workers, Positions of Employees and Wage Categories;

justification for planning and financing measures to improve working conditions and labor protection at the employer, including at the expense of funds for compulsory social insurance against industrial accidents and occupational diseases;

collection and processing of information on the state of conditions and labor protection of employers.

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

5. The attestation commission, created by the employer and functioning in accordance with Section II of the Procedure, has the right to make a reasoned decision not to measure and evaluate the factors of the working environment and the labor process (hereinafter referred to as measurements and assessments), if the implementation of these measurements and assessments threatens the safety of employees when performing by them of the main work or specialists of the certifying organization performing measurements and assessments. The specified reasoned decision is drawn up in writing, signed by the members of the attestation commission and attached to the attestation materials.

If a decision is made not to carry out measurements and assessments, the working conditions at these workplaces are classified as hazardous working conditions.

6. Responsibilities for ensuring the certification are assigned to the employer1.

Certification is carried out jointly by the employer and the certification organization involved by the employer to perform certification work on the basis of a civil law contract.

An attesting organization is a legal entity accredited in accordance with the established procedure2 as an organization providing attestation services and performing, on the basis of a civil law contract with an employer, measurements and assessments, as well as an assessment of the compliance of working conditions with state regulatory labor protection requirements, carried out in accordance with section III Order, registration and preparation of a report on attestation.

The attesting organization must be an independent person in relation to the employer, at whose workplaces this attesting organization conducts attestation.

The employer has the right to attract several certification organizations to perform certification work. 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.

7. When conducting certification, the employer has the right to demand from the certification organization:

documentary confirmation of accreditation for the right to provide services in the field of labor protection in terms of certification of workplaces by providing a notification (copy of the notification) on the inclusion of the attesting organization in the register of organizations providing services in the field of labor protection;

carrying out measurements and assessments in accordance with the current regulatory legal acts.

During certification, the employer must:

assist the certifying organization in the timely and complete conduct of certification, provide the necessary information and documentation, provide, at the request of the certifying organization, explanations in oral and written form on issues related to the purposes of certification, and also request information necessary for certification from third parties;

not take deliberate actions aimed at narrowing the range of issues to be analyzed and assessed during certification, as well as at hiding (restricting access) to information and documentation on issues related to the goals of certification requested by the certification organization;

not to approve the attestation report containing the documents specified in paragraph 44 of Section V of the Procedure, not signed by representatives of the attesting organization that are members of the attestation commission.

During certification, the certifying organization:

determines the methods for carrying out measurements and assessments on the basis of the current regulatory legal acts and this Procedure, as well as the quantitative and personal composition of specialists conducting measurements and assessments;

examines in full the documentation related to the organization of work to ensure the requirements of labor protection at the employer, at whose workplace certification is carried out;

requests and receives from the employer (his representative) clarifications on issues that have arisen during the certification;

refuses to conduct attestation in the event that the employer fails to provide the necessary documentation or the employer refuses to provide the conditions required by the regulatory documentation for measurements and assessments.

When carrying out attestation, the attesting organization is obliged to provide, at the request of the employer, justifications for the conclusions made by the attesting organization based on the results of attestation.

8. The timing of certification is established by the employer based on the fact that each workplace must be certified at least once every five years.

The specified period is counted from the date of completion of the previous certification.

The start date of the next certification is the date of issuance of the employer's order on the approval of the composition of the certification commission and the certification schedule.

Certification of newly organized workplaces must be started no later than 60 working days after they are put into operation.

II. The procedure for preparing for the certification of workplaces for working conditions

9. To organize and conduct certification, the employer creates an certification commission, and also determines the schedule for the certification work.

10. The composition of the attestation commission includes representatives of the employer, a labor protection specialist, representatives of the elected body of the primary trade union organization or other representative body of workers, representatives of the attesting organization.

As representatives of the employer, the attestation commission may include heads of structural divisions of the organization, lawyers, personnel specialists, labor and wages specialists, chief specialists of the organization, medical workers and other employees.

When conducting certification in organizations classified in accordance with the current legislation as micro-enterprises and small businesses, the certification commission includes the employer (his representative), representatives of the certification organization, representatives of the elected body of the primary trade union organization or other representative body of employees (if any), representatives organizations or a specialist engaged by the employer under a civil law contract to carry out the functions of the labor protection service (labor protection specialist).

The certification committee is headed by a representative of the employer.

11. The composition of the attestation commission, as well as the schedule for the attestation work, are approved by order of the employer.

12. Attestation commission:

carries out management and control over the certification at all its stages;

forms a set of regulatory legal and local regulations, organizational, administrative and methodological documents necessary for attestation, and organizes their study;

draws up a list of workplaces subject to certification, a sample of which is provided for in Appendix No. 1 to the Procedure, with the allocation of similar workplaces3 and an indication of the factors of the working environment and the labor process, the risk of injury and the provision of the employee with special clothing, special footwear and other personal protective equipment (hereinafter referred to as PPE) , which must be measured and evaluated based on the characteristics of the technological process, the composition of the production equipment, the raw materials and materials used, the results of previous measurements of indicators of harmful and (or) hazardous production factors, the requirements of regulatory legal acts, as well as the places where these measurements are taken;

prepares proposals to bring 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 Employees4;

assigns a number to each workplace5;

fills in and signs attestation cards;

prepares proposals (if necessary) on introducing 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 established by law for working with harmful and (or) dangerous working conditions;

based on the results of certification, develops an action plan to bring working conditions in line with state regulatory requirements for labor protection6.

III. The procedure for assessing the compliance of working conditions with state regulatory requirements for labor protection

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

13. Assessment of compliance of working conditions with state regulatory requirements for labor protection includes:

assessment of compliance of working conditions with hygienic standards;

assessment of the injury risk of workplaces;

assessment of the provision of employees with PPE;

a comprehensive assessment of working conditions in the workplace.

Assessment of compliance of working conditions with hygienic standards

14. Assessment of the compliance of working conditions with hygienic standards is carried out by specialists of the certification organization.

15. During certification, all factors of the production environment and labor process available at the workplace, characteristic of the technological process and equipment used at this workplace, are subject to assessment.

The list of factors of the working environment and the labor process to be assessed is formed based on the state regulatory requirements for labor protection, the characteristics of the technological process and production equipment, the raw materials and materials used, the results of previous measurements of indicators of harmful and (or) hazardous production factors, as well as the proposals of employees .

16. The assessment of the compliance of working conditions with hygienic standards is carried out by instrumental measurements and assessments of the levels of factors of the working environment and the labor process in the course of the implementation of regular production (technological) processes and (or) regular activities of the organization.

When carrying out the assessment, the measurement methods provided for by the current regulatory enactments, as well as the measuring instruments verified in the prescribed manner, must be used.

17. Assessment of compliance of working conditions with hygienic standards is carried out in accordance with the criteria for assessing and classifying working conditions.

18. Measurements and assessments are drawn up in a protocol. Measurement and assessment protocols are drawn up for each factor to be assessed.

The protocol must contain the following information:

full or abbreviated name of the employer;

the actual address of the location of the employer;

identification number of the protocol7;

the name of the workplace, as well as the profession, position of the employee employed at this workplace, according to All-Russian classifier professions of workers, positions of employees and wage categories (hereinafter - OK 016-94);

date of measurements and assessments (their individual indicators);

name of the structural unit of the employer (if any);

the name of the certifying organization, information about its accreditation (registration number in the register of accredited organizations providing services in the field of labor protection, and the date of entry into the register), as well as information about the accreditation of the testing laboratory of the certifying organization (date and number of the accreditation certificate);

name of the measured factor;

information about the measuring instruments used (name of the device, tool, serial number, validity period and number of the verification certificate);

methods for carrying out measurements and assessments, indicating normative documents, on the basis of which the data of measurement and evaluation are carried out;

details of regulatory legal acts (name of the type of act, name of the body that issued it, its name, number and date of signing) regulating maximum permissible concentrations (hereinafter referred to as MPC), maximum permissible levels (hereinafter referred to as MPC), as well as regulatory levels of the measured factor;

place of measurements, indicating the name of the workplace in accordance with the list of workplaces subject to certification, with the application, if necessary, of a sketch of the room in which measurements are taken, indicating the location of the equipment and drawing on it the point (s) of measurements (sampling);

normative and actual value of the level of the measured factor and the duration of its impact at all measurement sites;

class of working conditions for this factor;

conclusion on the actual level of the factor at all measurement sites, the final class of working conditions for this factor.

For each factor or group of factors, measurement and evaluation protocols are drawn up for a separate workplace, which are an integral part of the Workplace Certification Card for working conditions (hereinafter referred to as the Card), the sample form of which is provided for in Appendix No. 2 to the Procedure, and Recommendations for filling out the Workplace Certification Card on working conditions - Appendix N 3 to the Order. At the same time, in the upper right corner of the protocols, the inscription "to line 030" is made. It is allowed to register the results of measurements and assessments for one specific factor or group of factors in one summary protocol for a group of workplaces. In this case (in the case of drawing up a protocol for measurement points), the names of workplaces (professions, positions), the duration of exposure to production factors, classes of working conditions and a conclusion on the actual levels of factors may not be included in the consolidated protocol. In this case, the table of the actual state of working conditions is additionally filled in the Map.

19. The protocol of measurements and assessments is signed by the specialists of the certifying organization who carried out them, as well as by the responsible official of the certifying organization and is certified by the seal of the certifying organization.

Workplace injury risk assessment

20. Assessment of the injury risk of workplaces is carried out by specialists of the certification organization.

21. The objects of assessment of the injury risk of workplaces are:

production equipment;

fixtures and tools used in the implementation of technological processes;

Compliance of employee training on labor protection with the established requirements8.

22. The assessment of the injury risk of workplaces is carried out for the compliance of the objects specified in clause 21 of the Procedure with labor protection requirements, failure to comply with which may lead to injury to workers, including:

requirements for protection against mechanical impacts;

requirements for protection against the effects of electric current;

requirements for protection against exposure to high or low temperatures;

requirements for protection against toxic effects of chemicals.

23. When assessing the injury hazard of production equipment, the presence and compliance with regulatory requirements is checked:

set of operational documentation;

means of protecting workers from the impact of moving parts of production equipment, as well as flying objects;

fencing of elements of production equipment, the damage of which is associated with the occurrence of danger, including the presence of clamps, interlocks, sealing and other elements;

signal coloring and safety signs;

signaling devices for violations of the normal functioning of production equipment, emergency stop means, including the presence of devices that make it possible to eliminate the occurrence of dangerous situations in the event of a complete or partial interruption of power supply and its subsequent restoration, as well as damage to the power supply control circuit (spontaneous start when power supply is restored, failure to execute an already issued command to stop );

protection of electrical equipment, electrical wiring from various kinds of influences.

24. Assessment of the injury hazard of production equipment is carried out by analyzing technical documentation containing safety requirements for the performance of work, external inspection of production equipment during normal operation for compliance with its condition with the requirements of current regulatory legal acts on labor protection.

25. The assessment of the injury risk of tools and devices is carried out by external examination and verification of the compliance of their condition with the requirements of regulatory legal acts on labor protection.

26. When assessing the injury hazard of production equipment, as well as tools and fixtures, the availability of certificates or declarations of compliance with safety requirements may also be checked.

27. The results of the assessment of the injury risk of the workplace are documented in the protocol for assessing the injury risk of the workplace, a sample of which is provided in Appendix No. 4 to the Procedure.

When assessing the injury hazard of workplaces with objects controlled by federal authorities executive power authorized to conduct state supervision and control in the established field of activity, in the protocols for assessing the injury risk of workplaces, the presence of the necessary permits for the commissioning of production equipment and (or) its individual constituent parts into operation, passing technical examinations.

The protocol for assessing the injury hazard of the workplace is signed by the specialists of the certifying organization who carried out the assessment, as well as by the responsible official of the certifying organization and certified by the seal of the certifying organization.

28. According to the results of the injury risk assessment, working conditions are classified as follows:

1 class of injury hazard - optimal (no non-compliance with labor protection requirements has been identified at the workplace; no work is performed related to the repair of production equipment, buildings and structures, high-risk work and other work requiring special training in labor protection, or there is no production equipment and tool)

2nd class of injury risk - acceptable (at the workplace, not a single non-compliance with labor protection requirements was revealed; work is carried out related to the repair of production equipment, buildings and structures, high-risk work and other work requiring special training in labor protection; production equipment is operated with an exceeded service life (depleted resource), however, this is not prohibited by special safety requirements for this equipment; damage and (or) malfunctions of protective equipment have been identified that do not reduce their protective functions);

3rd class of injury hazard - dangerous (one or more non-compliance with labor protection requirements was revealed at the workplace).

Assessment of the provision of workers with special clothing, special footwear and other means

personal protection

29. The assessment of the provision of PPE employees is carried out by specialists of the certification organization.

30. An assessment of the provision of PPE employees is carried out if there are results of an assessment of the compliance of working conditions with hygienic standards and an assessment of the injury risk of the workplace.

31. The assessment of the provision of PPE employees is carried out through the consistent implementation of the following procedures:

comparison of the range of actually issued PPE with the corresponding standard norms for the free issue of PPE to employees;

checking the availability of certificates (declarations) of compliance with PPE issued to employees;

verification of the established procedure for providing employees with PPE9;

assessing the compliance of the issued PPE with the actual state of working conditions at the workplace.

32. The assessment of the provision of PPE workers at the workplace is documented in the protocol for assessing the provision of PPE workers at the workplace, a sample of which is provided for in Appendix No. 5 to the Procedure, except in cases where the issuance of PPE is not provided for by the standard norms for the free issue of PPE to employees and is not required by the actual state of conditions labor.

33. When assessing the availability of PPE for employees, an additional assessment of the effectiveness of the PPE issued to the employee10 can be carried out.

34. The workplace is considered to meet the requirements for the provision of PPE employees, subject to the requirements of this section of the Procedure. In the presence of one or more non-compliances, the workplace is considered not to meet the requirements for providing employees with PPE.

35. The protocol for assessing the provision of workers with PPE at the workplace is signed by the specialists of the certification organization who conducted the assessment, as well as the responsible officer of the certification organization and is certified by the seal of the certification organization.

Comprehensive assessment of the state of working conditions at the workplace

36. A comprehensive assessment of the state of working conditions at the workplace includes the results of assessments:

a class (subclass) of working conditions established based on the results of an assessment of the compliance of working conditions with hygienic standards;

class of working conditions according to injury risk;

provision of workers with PPE.

37. If the working conditions at the workplace comply with hygienic standards, if the assessment of the injury risk of the workplace does not reveal non-compliance with the requirements of labor protection and the compliance of the workplace with the requirements for the provision of workers with PPE, the workplace is recognized as certified with a comprehensive assessment of working conditions "complies with state regulatory requirements for labor protection".

38. If the working conditions at the workplace do not comply with hygienic standards and (or) when assessing the injury risk of the workplace, the workplace does not meet the requirements of labor protection, and (or) does not meet the requirements for the provision of workers with PPE, the workplace is recognized as certified with a comprehensive assessment of working conditions "does not comply with state normative requirements of labor protection".

39. When classifying working conditions at the workplace as hazardous working conditions, the employer immediately develops and implements 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.

IV. Features of certification certain types work places

40. Assessment of harmful and (or) hazardous production factors at similar workplaces is made on the basis of data obtained during the certification of 20% of such workplaces from the total number of workplaces (but not less than two).

If at least one job that does not meet the criteria of similarity is identified, 100% of these jobs are evaluated. After this assessment, a new list of jobs is determined, taking into account the results of measurements and assessments. For similar jobs, one job attestation card for working conditions is filled out, a sample of which is provided for in Appendix No. 2 to the Procedure.

Working conditions and measures to improve them, established for at least one workplace out of 20% of similar workplaces, are the same for all similar workplaces.

41. Certification with territorially changing work areas (hereinafter referred to as non-stationary jobs), where the work area is considered to be a part of the workplace equipped with the necessary means of production, in which one or more workers perform a work or operation of a similar nature, is carried out by preliminary determination of typical technological operations with a stable set and magnitude of harmful and (or) hazardous production factors and subsequent evaluation of these operations. The execution time of each operation is determined by an expert (based on local regulations), by interviewing employees and their immediate supervisors.

42. When performing work at the workplace that is not contained in the qualification characteristics of a particular profession (position), but included in the order of the employer or the employment contract in official duties employee of this profession (position), all types of work performed by the employee at this workplace are subject to assessment.

43. Peculiarities of attestation are established by the local normative act employer, developed on the basis of the Procedure, agreed with the primary trade union organization or other representative body of the employee.

V. The procedure for processing the results of attestation of workplaces in terms of working conditions

44. The results of the attestation are drawn up by the attestation commission in the form of an attestation report, to which are attached:

an order to create an attestation commission and approve the schedule for the attestation work;

a list of jobs subject to certification in terms of working conditions, a sample of which is provided for in Appendix No. 1 to the Procedure;

workplace attestation cards for working conditions, a sample of which is provided for in Appendix No. 2 to the Procedure, drawn up in accordance with the Recommendations for filling out a workplace attestation card for working conditions in accordance with Appendix No. 3 to the Procedure, with protocols of measurements and assessments;

a summary sheet of the results of attestation of workplaces in terms of working conditions, a sample of which is provided for in Appendix No. 6 to the Procedure;

a summary table of classes of working conditions established based on the results of attestation of workplaces in terms of working conditions, compensations that must be established in this regard for employees, a sample of which is provided for in Appendix No. 7 to the Procedure;

an action plan to improve and improve working conditions11, a sample of which is provided for in Appendix No. 8 to the Procedure;

minutes of the meeting of the attestation commission based on the results of attestation of workplaces in terms of working conditions (final), a sample of which is provided for in Appendix No. 9 to the Procedure;

information about the certifying organization, a sample of which is provided for in Appendix No. 10 to the Procedure, with a copy of the documents for the right to carry out measurements and assessments by the certifying organization (accreditation certificate with an appendix establishing the scope of accreditation of the testing laboratory; copies of the notice of inclusion in the register of accredited organizations providing services for attestations);

minutes of meetings of the attestation commission;

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

prescription(s) officials about the identified violations of the Procedure (if any).

The attestation commission considers the attestation report within ten calendar days from the date of its receipt, signs the minutes of the meeting of the attestation commission based on the results of attestation of workplaces for working conditions (final) and transfers it along with the attestation report to the employer (his representative).

The employer, within ten working days from the date of receipt of the specified protocol and the attestation report, signs an order to complete the attestation and approve the attestation report, and also acquaints the employee with the results of the attestation of his workplace against signature.

45. After the certification, the employer, within 10 calendar days from the date of issuance of the order to complete the certification and approve the certification report on paper and electronic media, sends a summary sheet of the results of certification of workplaces for working conditions, as well as information about the certification organization to the state labor inspectorate in subject of the Russian Federation.

46. ​​The documents specified in paragraph 45 of the Procedure, on electronic media, are transferred in the prescribed manner by the certifying organization to the federal system for collecting, processing and storing data.

Certification reports are kept by the employer within the time limits established by the legislation of the Russian Federation. The place and order of storage of reports is determined by the employer.

VI. The procedure for conducting unscheduled certification of workplaces for working conditions

47. Unscheduled certification is carried out:

in case of commissioning of newly organized workplaces;

according to the results of the state examination of working conditions, conducted in order to assess the quality of certification.

48. The employer is obliged to conduct an unscheduled certification also in the following cases:

implementation of measures to bring working conditions in line with state regulatory requirements for labor protection, as well as measures to improve working conditions;

replacement of production equipment;

technological process changes;

changes in the means of collective protection.

49. The results of unscheduled certification are drawn up in accordance with paragraphs 44 - 46 of the Procedure. At the same time, a new attestation card is issued for each workplace, taking into account changes and additions.

50. In the case of the commissioning of newly organized workplaces, the assessment of the factors of the production environment and the labor process, the assessment of the injury risk of the workplace and the provision of workers with PPE are carried out in full in accordance with the Procedure.

51. In the event that, based on the results of the state examination of working conditions, conducted in order to assess the quality of certification, non-compliance of certification materials with state regulatory requirements, the certification commission develops and implements a set of measures to bring the certification materials in line with the expert opinion.

VII. Final provisions

52. Responsibility for carrying out attestation, the reliability and completeness of the provision of information to the state labor inspectorate in a constituent entity of the Russian Federation rests with the employer. Responsibility for the reliability of measurements and assessments rests with the employer and the certifying organization.

53. State supervision and control over compliance by the employer with this Procedure is carried out by the federal executive body authorized to supervise and control compliance with labor legislation and other regulatory legal acts containing labor law norms, and its territorial bodies (state labor inspectorates in the constituent entities of the Russian Federation ).

54. The state examination of working conditions in order to assess the quality of certification is carried out by the federal executive body authorized to conduct state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, and by the executive authorities of the constituent entities of the Russian Federation in the field of labor protection in the manner prescribed by law.

55. Control over compliance by employers with the Procedure in subordinate organizations is carried out in accordance with Articles 353 and 370 of the Labor Code of the Russian Federation by federal executive authorities, executive authorities of constituent entities of the Russian Federation and local governments, as well as trade unions, their associations and those under their jurisdiction technical labor inspectors and authorized (trusted) persons for labor protection.

1 Article 212 of the Labor Code of the Russian Federation (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2002, N 1 (part 1), art. 3; 2004, N 35, art. 3607; 2006, N 27, art. 2878; 2008, N 30 ( part 1), article 3613; 2009, N 1, article 21).

2 Order of the Ministry of Health and Social Development of Russia dated April 1, 2010 N 205n "On approval of the list of services in the field of labor protection, the provision of which requires accreditation, and the Rules for the accreditation of organizations providing services in the field of labor protection" (registered by the Ministry of Justice of Russia on June 29, 2010 N 17648), as amended by the order of the Ministry of Health and Social Development of Russia dated September 10, 2010 N 794n "On Amendments to the Order of the Ministry of Health and Social Development of Russia dated April 1, 2010 N 205n" On approval of the list of services in the field of labor protection, for the provision of which accreditation is required, and rules for accreditation of organizations providing services in the field of labor protection" (registered by the Ministry of Justice of Russia on October 4, 2010 N 18605).

3 Similar jobs for the purposes of the Procedure are jobs that are characterized by a combination of the following features: professions or positions of the same name; performing 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 similar 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.

4 Decree of the Government of the Russian Federation of October 31, 2002 N 787 "On the procedure for approving the Unified Tariff and Qualification Guide for Works and Professions of Workers, the Unified Qualification Guide for the Positions of Managers, Specialists and Employees" (Collected Legislation of the Russian Federation, 2002, N 44, art. 4399; 2003, N 52 (part.

2), art. 5066).

5 Each workplace is assigned a unique serial number (no more than 8 characters: from 1 to 99 999 999).

6 The action plan to bring working conditions in line with state regulatory requirements for labor protection indicates the sources of financing for measures, the timing of their implementation, performers and eliminated harmful and (or) hazardous production factors for specific jobs.

7 An identification number protocol must be unique for a given workplace. The protocol coding system is determined by the certifying organization.

8 Decree of the Ministry of Labor of Russia and the Ministry of Education of Russia dated January 13, 2003 N 1/29 "On approval of the Procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations" (registered by the Ministry of Justice of Russia on February 12, 2003 N 4209).

9 Order of the Ministry of Health and Social Development of Russia of June 1, 2009 N 290n "On approval of the Intersectoral Rules for Providing Workers with Special Clothing, Special Footwear and Other Personal Protective Equipment" (registered by the Ministry of Justice of Russia on September 10, 2009 N 14742), as amended by the order of the Ministry of Health and Social Development of Russia dated January 27, 2010 N 28n (registered with the Ministry of Justice of Russia on March 1, 2010, N 16530).

10 The effectiveness of the PPE issued to the employee is confirmed by the fulfillment of the requirements of labor safety standards, which define a set of measures to ensure the effective use of PPE in the workplace.

11 The action plan for improving and improving working conditions is signed by the chairman of the attestation commission and, after agreement with the labor protection committee (commission), trade union or other representative body authorized by employees, is submitted to the employer for approval.

Appendix N 3 to the Procedure

1. The Workplace Appraisal Card for working conditions (hereinafter referred to as the Card) is a document containing information about the actual working conditions at the workplace, applied compensation, as well as recommendations for improving and improving working conditions at a given workplace or a group of similar workplaces.

2. For all similar workplaces of the same name, one card is drawn up for the first workplace from the list of similar places.

3. When filling out the card, indicate:

1) in the address part - the full name, actual and legal address of the employer, last name, first name, patronymic of the head, telephone, fax, e-mail address, TIN of the organization, organization code according to OKPO, code of the state authority according to OKOGU, code of the type of economic activity according to OKVED and area code according to OKATO;

2) in the interlinear "name of the profession (position) of the employee" - the profession (position) of the employee in accordance with the organization's staffing table approved by the employer. Codes of professions (positions) of employees are filled in in accordance with OK 016-94. The profession (position) code may contain an additional facet indicating that this profession (position) is a derivative.

In the absence of a profession (position) in OK-016-94, in the subline of the line "code according to OK-016-94" the entry is made: "None".

To the name of the profession (position) it is allowed to add clarifying information in brackets to facilitate the identification of the workplace;

3) in the line "Name of the structural unit" - the name of the structural unit, which is filled in in accordance with the naming system available to the employer. If the employer does not have structural divisions, a record is made - "Absent";

4) in the line "Number and numbers of similar jobs ("PM")" - the number of similar jobs, including the job for which the Card is filled out. The numbers of workplaces must correspond to the numbers given in the list of workplaces;

5) in line 010 - the number and name of the issue of the Unified Tariff and Qualification Handbook of Works and Professions of Workers (ETKS), as well as the name of the section of the Unified Qualification Handbook for the Positions of Managers, Specialists and Employees (EKS);

6) in line 020 - the number of employees staffing or the actual number of employees for the month preceding the completion of the Card, including women and persons under 18 years of age;

7) in line 021 - a list of equipment, materials and raw materials used at the workplace;

8) in line 030 - information on the assessment of working conditions (based on the results of the assessment of working conditions in terms of the degree of harmfulness and danger of factors in the working environment and the labor process, in terms of injury risk, in terms of the provision of workers with PPE):

in the table to subparagraph "a" "according to the degree of harmfulness and danger of factors of the working environment and the labor process":

In the column "Name of the factors of the working environment and the labor process" the factors of the working environment (chemical, biological, physical) and the labor process (severity, tension) are indicated;

The column "Class of working conditions" contains the final assessments of the factors of the production environment and the labor process inherent in the corresponding workplace from the relevant protocols of instrumental measurements.

With the effective use of personal protective equipment, an assessment of the factors of the working environment (chemical, biological, physical) and the labor process (severity, tension) is indicated, taking into account the use of effective PPE that meets the requirements state standards, defining methods for assessing the effectiveness of the use of PPE.

In the interlinear "Work is performed in special working conditions or work is performed in special working conditions associated with the presence of emergency situations", the entry "yes" is made if work is performed at the workplace in special working conditions or work is performed at the workplace in special working conditions, associated with the presence of emergency situations, the entry "no" - if the above work is not performed;

in the interlinear subparagraph "b" "in terms of injury risk" the class of injury risk from the protocol for assessing the injury risk of workplaces is indicated;

in the interlinear subparagraph "c" "on the provision of PPE" the assessment from the protocol for assessing the provision of workers with PPE at the workplace is indicated - whether or not they comply with the requirements for the provision of workers with PPE;

9) in line 040 - information on compensation to employees for hard work, work with harmful and (or) dangerous and other special working conditions.

The table indicates the actual data and data on the need to provide compensation based on the results of the assessment of working conditions with the appropriate justification:

in the column "Types of compensation" the name of the compensation provided to employees employed in work with harmful and (or) dangerous working conditions is indicated;

the column "Actual Availability" contains the actual amounts of wage increases, annual additional paid leave, working hours (if any), and also reflects the fact that milk or other equivalent food products ("yes" or "no") are given to employees employed in hard work, work with harmful and (or) dangerous and other special working conditions; in the absence of compensation, the entry "no" is made;

the column "Based on the results of the assessment of working conditions" provides data on the need to establish compensation for employees employed in work with harmful and (or) dangerous working conditions, as well as the basis for providing compensation:

In the first tier "the need to establish compensation" columns reflect the need to provide appropriate compensation and make an entry "yes" or "no";

In the second tier "base" of the column, the relevant current regulatory legal acts are indicated with reference to sections, chapters, articles, paragraphs, in their absence, the entry "absent" is made.

Compensations established by the current regulatory legal acts for certain categories of employees, as well as for the performance of certain types of work that take into account the specifics of the working conditions of such work, including in areas with special climatic conditions, are retained by the employee, regardless of the actual assessment of working conditions and are entered in the line 040;

10) in line 041 - information about the right to early appointment of a labor pension, the entry "no" or "yes" is made indicating the chapter, article, paragraph of the Federal Law of December 17, 2001 N 173-FZ "On labor pensions in the Russian Federation "(Collected Legislation of the Russian Federation, 2001, N 52 (part 1.), Art. 4920; 2002, N 30, Art. 3033; 2003, N 1, Art. 13; 2004, N 27, Art. 2711; N 35, item 3607; 2005, N 8, item 605; 2006, N 23, item 2377, 2384; 2007, N 40, item 4711; N 45, item 5421; N 49, item 6073; 2008 , N 18, item 1942; N 30 (part 1), items 3602, 3612; N 52 (part 1), item 6224; 2009, N 1, item 27; N 18 (part 1) 2152; N 26, item 3128; N 29, item 3265; N 30, item 3739; N 52 (part 1), item 6454; 2010, N 31, item 4196) and normative legal acts of the Government of the Russian Federation.

If the right to preferential pension provision is established by the Decree of the Cabinet of Ministers of the USSR of January 26, 1991 N 10 "On approval of lists of industries, jobs, professions, positions and indicators giving the right to preferential pension provision" (Collection of Resolutions of the Union of Soviet Socialist Republics, 1991, N 21-22, article 85; N 25-26, article 100), then the list number, type of production, type of work, profession (position) code in the list are indicated;

11) in line 050 - information on the need for medical examinations, indicating the relevant regulatory legal acts with reference to sections, chapters, articles or paragraphs, if necessary, conducting these examinations;

13) in line 070 - the conclusion of the attestation commission based on the results of attestation of this workplace.

The card is signed by the chairman, members of the attestation commission indicating their position. The card is also signed by employees working at this workplace.