• Legislation
• Terms of certification
• Who conducts certification?

Legislation

In accordance with Article 212 of the Labor Code of the Russian Federation, the employer is obliged to conduct certification of workplaces in terms of working conditions. Certification is carried out on the basis of the Order of the Ministry of Health and Social Development of the Russian Federation dated April 26, 2011 No. 342n “On Approval of the Procedure for Certification of Workplaces for Working Conditions”. Based on the second part of Art. 212 of the Labor Code of the Russian Federation, all employers are required to carry out certification of workplaces, without exception. The main purpose and objective of this procedure- improvement of working conditions, as well as the identification of harmful and dangerous production factors. The certification process includes:

• hygienic assessment of working conditions of employees;
• assessment of injury safety at the enterprise;
• assessment of compliance with labor safety standards of the tools and equipment used at the enterprise;
• provision of employees of the organization with personal protective equipment.

Terms of certification

The organization itself determines when it needs to conduct certification. However, by law, it must be carried out at least once every 5 years! It is important to know that if a new workplace appears at your enterprise or the production equipment of the workplace is changed, then it must be certified within 60 days.

Many employers confuse performance appraisal with employee appraisal. It is important to understand that it is the workplace that is being certified, and not the employee! For example, 5 people may work in your organization, and there may be 2, 3 or even 8 jobs. Some employees can perform different tasks and occupy several jobs, respectively, each of which must be certified by the employer!

Workplace certification and fines

Various sanctions may be applied for violating the procedure for attesting workplaces: from issuing orders to eliminate violations to bringing managers and officials to administrative responsibility. Both the prosecutor's office and the labor and employment inspectorate can check the attestation of workplaces. The visit of these structures, as a rule, does not bode well.

To date, the maximum fine for not carrying out certification of workplaces is 50 thousand rubles. Or an administrative suspension of the activities of an enterprise or organization for a period of up to 90 days may be carried out (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). The fine for officials is from 1 to 5 thousand rubles. However, the Ministry of Health and Social Development plans to increase this amount by several times. The increase in fines will increase the degree of responsibility of the employer for the life and health of employees and will call on many organizations to attest their workplaces.

Who conducts certification?

In order to conduct certification, in accordance with the law, it is necessary to have accreditation for the provision of services in the field of labor protection in accordance with the order of the Ministry of Health and Social Development N205n dated 04/01/2010. As a rule, such organizations have their own laboratory and the entire list of measuring equipment for measurements. The involvement of such organizations takes place on a contractual basis.

The procedure for certification

The procedure for certification of workplaces includes:

1. Formation of an order for the organization, within the framework of which a special attestation commission is created, which includes specialists from the attesting company and employees of the attested organization.

2) The list of workplaces subject to certification is determined. Next, a list of hazardous and harmful production factors in the workplace is established and the cost of certification is calculated.

3) The process of executing the certification of workplaces in terms of working conditions, within the framework of which the degree of injury risk of each workplace is assessed and the following is determined:

• safety of the used equipment, tools and materials involved in the labor process;
• the provision of PPE employees and their compliance with the actual impact of harmful or dangerous factors;
• the level of awareness of each employee about measures to ensure labor safety.

4) Registration of the results of certification of workplaces in terms of working conditions, with the application of the appropriate package of documents:

• measurement protocols;
• cards of attestation of workplaces at the enterprise;
• an action plan aimed at improving the sanitary and living conditions of workers;
• statements, applications and other documents.

5) After the certification, the employer sends its results to the state labor inspectorate. The received documents based on the results of certification are used within the framework of:

• certification of production facilities, confirming compliance with the requirements for the organization of labor protection;
• to calculate discounts and premiums to the insurance rate in the system of compulsory social insurance of workers against industrial accidents;
• determining the terms of the employment contract and familiarizing the employee with the labor process;
• development of an action plan aimed at ensuring labor safety;
• determining the procedure and amount of compensation to employees;
• identifying those responsible for violating labor protection requirements and making appropriate decisions.

The cost of certification of jobs

The cost of certification services depends on the number of jobs in the enterprise. For medium and large enterprises, where there are a large number of jobs, there are discount systems. The average market cost of certification of 1 workplace is from 1500 to 7000 rubles. Complex studies are paid separately. At the same time, the cost of attesting a welder's workplace will be higher than the cost of attesting an accountant's workplace.

For an ordinary office, the approximate cost of certification of one workplace with a personal computer is about 2,000 rubles.

There are organizations that offer to provide these services at prices significantly lower than the average market prices. But keep in mind that a cheap option can lead to significant losses in the future.

Today, the market for such services in our country is very diverse. However, from the huge mass of organizations offering certification services, you should choose only honest and proven firms.

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Does the law require attestation of workplaces and for whom? What does such an event include? How often is certification of workplaces carried out, for how many years is it valid? Due to the fact that the term AWP has been replaced by SOUT (special assessment of working conditions) since January 1, 2014, let's look at the regulatory nuances.

In accordance with the provisions of Art. 209 of the Labor Code, certification of workplaces for labor protection is a set of measures to assess the safety of working conditions in order to identify and subsequently eliminate various hazardous or harmful factors. Why do you need job certification? This procedure is aimed at establishing classes / subclasses of the level of harmfulness (danger) of working conditions (clause 2, article 3 of Law No. 426-FZ). Based on the results, measures are developed to bring labor conditions in line with the legislative requirements for labor protection; by assessing the pro-risk; providing employees with additional benefits, guarantees and compensations, etc.

Note! For the FSS, attestation of workplaces is important when setting the amount of discounts or surcharges to the basic rate for "injuries". This information must be confirmed annually by insurers.

Since 2014, the definition of attestation of workplaces has been replaced by SOUT. This happened after the abolition of the Order of the Ministry of Health and Social Development of the Russian Federation No. 342n dated April 26, 2011 and the adoption of Law No. 426-FZ dated December 28, 2013. However, the essence of this procedure remained the same and consists in assessing working conditions. Therefore, that the workstation, that the special assessment of jobs in terms of working conditions - these are synonyms.

Certification of workplaces - mandatory or not

According to stat. 212 of the Labor Code, the employer is obliged to ensure the safety of employees. In this regard, the enterprise must not only comply with the current labor protection standards, but also conduct the SOUT in accordance with the requirements of the law. The federal assessment procedure is regulated by Law No. 426-FZ, which, among other things, defines:

• Obligations and rights of personnel and the employer in the SOUT.
• The order of the assessment.
• Formulation of the results of SOUT.
• Other conditions of labor assessment.

Should all businesses conduct appraisals? In accordance with the provisions of Art. 212 of the Labor Code, absolutely every employer is obliged to take care of the safety of working conditions for staff. But since some organizations have already conducted an automated workplace before, such companies are allowed not to organize a re-assessment if another 5 years have not passed since the end of certification (clause 4 of article 27 No. 426-FZ). An exception is cases of unscheduled inspections under paragraph 1 of Art. 17 of Law No. 426-FZ. SATS is not carried out in terms of homeworkers; remote specialists; employees who have labor relations with citizens without the status of individual entrepreneurs (clause 3 of article 3 No. 426-FZ).

Frequency of certification of workplaces, terms

How often do employers need to conduct a special assessment of working conditions? In accordance with paragraph 4 of Art. 8 No. 426-FZ SOUT should be organized every 5 years, unless other requirements are established by law. The designated period of validity of the certification of workplaces begins to be calculated from the date of approval of the results of the assessment.

For example, attestation of workplaces in a school should be carried out once every five years, as well as in preschool children's institutions. AWP of office workers is not carried out if the employment of such persons is directed to the organization's own needs (clause 4 of Order No. 342n). And for unscheduled activities, the period for attestation of workplaces in terms of working conditions is 12 months. since the commissioning of new places of employment, changes in the conditions of production technologies that affect the degree of danger (harmfulness) of labor (clause 2 of article 17 No. 426-FZ). In other situations, the unscheduled AWP period is 6 months.

How is certification of workplaces carried out at the enterprise

Which institutions have the right to conduct AWP or SOUT? Of course, these are not all companies, but only those that have the right to engage in such services. In the updated Classifier, attestation of workplaces, OPKD 2 71.20.19.130, occupies a separate block. To carry out the automated workplace, the employer, on the basis of GPC agreements, engages a third-party independent enterprise, the requirements for which are listed in stat. 19 No. 426-FZ. Such an institution must be included in a special register and have at least 5 certified experts on staff.

Certification and rationalization of workplaces are carried out after the employer approves the order on the need for such events and the appointment of a responsible person. Then an institution is selected that is capable of conducting AWS in a quality manner. For the legality of the procedure, a contract for the provision of services is drawn up, in budgetary structures, certification of workplaces according to KOSGU - article 226. Upon completion of the procedure, a report is drawn up, a card for attestation of the workplace for working conditions, protocols, a statement, an expert opinion and other mandatory documents (article 15 No. 426-FZ).

Certification of workplaces for working conditions includes:

• Determining whether the employer has harmful and / or dangerous factors for personnel.
• Measurement of such factors on special devices, as well as carrying out test work.
• Establishing the level of classes (subclasses) of labor conditions at individual workplaces.
• Compilation of the final package of documentation based on the results of the automated workplace, including a report, protocols, recommendations, expert opinion.

Penalty for the lack of certification of workplaces 2018

From 01/01/15, the stat. 5.27.1 of the Code of Administrative Offenses. In accordance with part 2 of this article, for the absence of an automated workplace at the employer’s workplace, as well as for violations of the procedure for carrying out such a procedure, the following sanctions are provided:

• For responsible officials - an announcement of a warning or a fine of 5,000-10,000 rubles.
• For entrepreneurs - a fine of 5000-10000 rubles.
• For legal entities - a fine of 60,000-80,000 rubles.

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

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

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

What jobs are subject to certification

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

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

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

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

An electrified, mechanized or other hand tool is used;

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

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

At the same time, the workplaces of those employees whose labor activity is exclusively related to:

With work on computers;

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

The use of household appliances that are not involved in the technological process of production.

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

Types of certification of workplaces and the timing of its implementation

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

primary;

Repeated;

Unscheduled.

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

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

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

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

Appeal of the employee on the certification of his workplace;

Appeal of the representative of the trade union;

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

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

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

Improvement of working conditions;

Replacement of production equipment;

Changing the technological process;

Changing the means of collective protection.

The procedure for certification

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

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

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

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

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

Drawing up a list of jobs subject to certification, allocation of similar jobs 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 (PPE);

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

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

Assigning a number to each workplace;

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

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

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

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

Composition of the attestation commission;

Full name of the chairman of the attestation commission;

Certification period.

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

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

The functions of the certifying organization include:

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

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

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

Drafting and preparation of an attestation report.

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

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

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

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

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

Assessment of compliance of working conditions with hygienic standards;

Evaluation of the injury risk of workplaces;

Assessment of the provision of PPE employees;

A comprehensive assessment of working conditions in the workplace.

Take note

What are similar jobs?

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

Professions or positions of the same name;

Performing the same professional duties while maintaining the same type of technological process in the same mode of operation;

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

Use of the same type of ventilation, air conditioning, heating and lighting systems;

The same location of objects (production equipment, vehicles, etc.) in the workplace;

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

Equal provision of personal protective equipment.

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

About this - paragraph 12 of the Order.

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

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

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

Does not comply with state regulatory requirements for labor protection. The specified decision is made with a negative assessment of at least one of the above parameters (clause 38 of the Order).

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

We draw up the results of the certification

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

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

List of jobs subject to certification;

Workplace attestation cards with measurement and evaluation protocols;

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

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

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

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

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

Minutes of the meetings of the attestation commission;

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

Orders of officials on detected violations (if any).

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

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

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

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

Consolidated statement of the results of attestation of workplaces;

Information about the certifying organization;

Cover letter on employer's letterhead.

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

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

What threatens for violation of the terms of certification

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

The penalty in this case will be:

For an official - from 1000 to 5000 rubles;

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

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

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

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

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 production or conducts other business activities in 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 workers, the methods and criteria by which working conditions are assessed are described in the Order of the Federal Service for Labor and Employment dated August 25, 2008 No. 166.

If the employer decides to involve a third-party organization in assessing the workplace in terms of working conditions, then he has the right to receive the widest range of information from this organization. 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 measures 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.

Assessment of workplaces- this is a set of measures to assess working conditions at the workplace of an employer organization in order to identify harmful and dangerous production factors and take measures to bring working conditions in line with the norms of legislative acts that establish the relevant state regulatory requirements.

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

At the same time, the employer organization must be registered as an individual entrepreneur or in accordance with the requirements of the current legislation.

Certification of workplaces is carried out by the head of the company together with the certification organization involved in work under a civil law contract.

An attesting organization can only be a duly accredited legal entity that has the right to provide assessment services.

jobs according to working conditions.

In this case, the certifying organization must be an independent organization in relation to the organization - the employer, which evaluates jobs in terms of working conditions.

Why do you need job certification?

Certification of workplaces is carried out to separate all production factors according to the degree of negative impact on human health into classes and subclasses.

This division is of great importance.

Thus, employees employed in the labor process with negative working conditions can count on a reduction in the length of service in order to assign a pension and receive benefits.

Goals of workplace certification

Certification of workplaces allows you to give a full assessment of each workplace.

The objectives of workplace certification are the following:

assessment of the degree and level of how the factors of the working environment affect the employee;

identification of the severity and intensity of individual production cycles on the health status of an employee;

determination of the level of injuries and safety of the workplace;

determination of the security of each employee with overalls, in life-threatening areas of work.

The result of such an assessment is the completion of a certification card, which is taken as the basis for the development of measures to reduce injuries at the enterprise.

Who is assessed working conditions

Special certification of workplaces applies to all categories of employers.

These include:

legal entities regardless of the type of ownership;

commercial firms;

budget institutions;

individual entrepreneurs with at least one employee in the state.

Only individual entrepreneurs who do not have employees are not subject to such a procedure.

The procedure for certification of workplaces

The process of determining the level of hazardous work can be carried out in several ways:

1. Conducted at the expense of the employer. This procedure is used by large enterprises.

2. The whole range of works is carried out by a third-party company, which is responsible for certification of work places. It must be certified and have the appropriate license.

3. Conducted by joint forces. Financial and preparatory work is carried out by specialists of the audited organization, and measurements are performed by a third-party company.

The whole process of a special assessment of jobs can be represented in the form of several stages:

1. The preparatory stage, which consists in preparing for the work.

2. The main stage, which consists in the verification itself.

3. The final stage, the development of final documents with records of the results of all studies.

4. Evaluation of the results obtained during the procedure.

5. Preparation for certification of the organization based on the results of the audit.

Let's consider each stage in more detail.

Preparation

The head of the organization, which is subjected to a special assessment of workers, appoints the chairman of the commission.

The chairman of the commission, in turn, forms the commission.

Basically, a person responsible for labor protection at work is appointed to the position of chairman, this may be an occupational safety engineer (OT).

In any firm or organization, the certification committee includes:

OT engineer;

personnel officer;

• electrician or power engineer;

  Certification of workplaces: details for an accountant

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