A special assessment of working conditions is carried out in accordance with. Results of a special assessment of working conditions. Who should conduct

The procedure for conducting the SAUT is enshrined in law and in some parts contains fairly liberal provisions. For example, in accordance with paragraph 6 of Article 27, for some jobs, a special assessment can be carried out in stages and must be completed by 31.12.2018. However, the courts are ambiguous about the interpretation this provision and make conflicting decisions (for example, Definitions dated 11.11.2014 No. 11-11968 / 2014 and dated 26.02.2015 No. 33-5865 / 15), and fines for not holding this event can be up to 200,000 rubles.

SOUT: timing

For the first time, a special assessment of working conditions must be carried out within a period not exceeding 12 months from the date of the creation of a new workplace. If the organization has been operating for more than 12 months, and certification of workplaces (AWP) or a special assessment of working conditions has never been carried out, then a special assessment should be carried out immediately or yesterday.

  • safe work of their employees;
  • labor protection of their employees;
  • informing employees about the conditions in which they work, etc.
  • safe working conditions;
  • obtaining information about the conditions of harm in their workplace.

That is, the employee has the right to require the employer to provide information on the degree of risk to his health, which may be exposed to harmful or hazardous production factors (even sitting in front of a monitor screen). And if the employer does not provide him with such information, the employee has the right to receive this information apply to the body of state supervision over the observance of the legislation.

In this case, the employer will face a fine of up to 80,000 rubles and a written instruction on the need to organize a special assessment. Otherwise, an administrative suspension of the enterprise's activities for up to 90 days may threaten.

Frequency of holding

The term of the special assessment of working conditions is 5 years. The passage of time begins on the day the assessment report is approved for each individual workplace. The results of this event can be reduced to two options, when:

  • harmful factors were not identified during the course;
  • harmful factors have been identified and classified accordingly.

No harmful factors identified

If during the special assessment no harmful and hazardous production factors are identified, such workplace to be declared in territorial body federal service on labor and employment for compliance with working conditions regulatory requirements labor protection.

In this case, if within the next 5 years there is no reason to carry out an unscheduled special assessment in relation to this workplace, then after this period there is no need to repeat SAUT, the declaration is considered automatically extended.

And in what time frame the SAUT should be done in the future (if at all it will be necessary to do it), the law does not say.

Harmful factors identified and classified

In this case, the validity period special assessment working conditions is 5 years. And this does not mean that five years have passed and it is necessary to start organizing a new special assessment. By the end of the five-year period, the employer must already have the results of the certification, that is, no interruption is allowed.

Workplace certification

AWP is, in fact, the same as a special assessment, only with a different name. Therefore, if the employer conducted the AWP before 01.01.2014, then the current legislation allows him not to organize and not conduct any additional activities the entire period of validity of the SAUT up to the date of completion of the validity of the results of this attestation, of course, if there are no grounds for an unscheduled SAUT.

Terms of unscheduled SAUT

If circumstances arise, the legislation provides for two time periods for an unscheduled special assessment - 6 and 12 months, depending on the reason.

6 months

A special assessment of working conditions should be carried out for specified time, if a:

  • the employer received an order to conduct an unscheduled special assessment;
  • in production they start using new materials or raw materials that can harm the health of the employee;
  • new means of individual and collective protection are introduced (it is possible to reduce the hazard class, respectively, it is possible to reduce payments for hazard);
  • an accident has occurred (with the exception of an industrial accident caused by the fault of third parties);
  • the medical commission established the fact occupational disease;
  • a letter was received from the trade union on the need for an unscheduled special assessment.

12 months

SOUT should be carried out within the specified time if:

  • new jobs are being commissioned;
  • technological processes are changing, production equipmentthat can affect the level of exposure to harmful or hazardous production factors.

Timing of events based on the results of SAUT

From the date of approval of the report on the results of the SAWS, the employer must:

  • within 3 working days notify of the approval the organization that conducted the SOUT;
  • no later than 30 calendar days, under the signature, to familiarize employees with the results of the special assessment;
  • no later than 30 calendar days, if there is a website on the Internet, post information on the results of the SAWS and a list of measures to improve labor protection conditions.

Shelf life of materials of special assessment of working conditions

Deadline for drawing up a report on SOUT

It is established by order of the employer when organizing this event at the stage of forming the commission.

Shelf life of SOUT materials

Is 45 years old, but if, as a result of the SAWS, harmful or dangerous production factors and working conditions will be appropriately classified for hazard and hazard, such materials must be stored for 75 years.

Validity period of materials SOUT

Materials based on the results of the special assessment are valid for the entire period of establishment of the appropriate hazard class or the validity period of the declaration of conformity of working conditions to state regulatory requirements for labor protection.

" № 10/2016

What are the deadlines for assessing working conditions at workplaces? When should an employer conduct an unscheduled audit? Who can be subject to a phased special assessment? What liability is provided for violations of the assessment procedure?

We have already written on the pages of our magazine more than once about the procedure for conducting a special assessment of working conditions at workplaces. But since this procedure is quite new, errors are often made during its implementation, which result either in fines, and not at all small, or in court proceedings with employees. After all, they have the right to challenge the results of the assessment. In addition, some employers who have not yet carried out a special assessment are brought to administrative responsibility for its failure. But based on judicial practicethat begins to take shape, it is not always legal. In the article, using examples of court decisions, we will consider what violations employers can commit in the field of special assessment.

The timing of the special assessment.

Perhaps one of the main questions that interests many employers who have not yet carried out a special assessment of working conditions at workplaces is when they should do this?

Let us first turn to paragraph 4 of Art. 8 Federal law dated 28.12.2013 No. 426-FZ "On special assessment of working conditions" (hereinafter - Law No. 426-FZ), according to which it is carried out at least once every five years, unless otherwise provided by this law.

Moreover, by virtue of paragraph 4 of Art. 27 of Law No. 426-FZ, in the event that, prior to the entry into force of this law, that is, before 01.01.2014, workplaces were certified for working conditions, a special assessment of working conditions in relation to such workplaces may not be carried out for five years from the date of completion of the certification. In this case, the results of the latter are used in the same way as the results of the special assessment, for the purposes mentioned in Art. 7 of Law No. 426-FZ.

However, there are exceptions to the rule.

1. The employer must conduct an unscheduled special assessment of working conditions in the cases established by Art. 17 of Law No. 426-FZ:

  • commissioning of newly organized workplaces (clause 1, part 1);
  • employer's receipt of an order state inspector labor on conducting an unscheduled special assessment in connection with the identified during the supervision of compliance labor legislation violations of the requirements of Law No. 426-FZ and other labor protection requirements (clause 2, part 1);
  • change technological process, replacement of production equipment that can affect the level of exposure to harmful and (or) hazardous production factors on workers (clause 3, part 1);
  • changes in the composition of the materials and (or) raw materials used that can affect the level of exposure to harmful and (or) hazardous production factors on workers (clause 4, part 1);
  • changes in the personal and collective protective equipment used, which can affect the level of exposure to harmful and (or) hazardous production factors on workers (clause 5, part 1);
  • an industrial accident that occurred at the workplace (except for a case that occurred through the fault of third parties) or an identified occupational disease, the causes of which were the exposure of the employee to harmful and (or) hazardous production factors (clause 6, part 1);
  • the presence of motivated proposals from the elected bodies of primary trade union organizations or other representative body of workers to conduct an unscheduled special assessment of working conditions (clause 7, part 1).

The term for an unscheduled inspection is 12 months from the date of occurrence of the cases specified in clauses 1 and 3 h. 1 of Art. 17 of Law No. 426-FZ, and 6 months from the date of occurrence of the cases specified in clauses 2, 4 - 7 h. 1 of Art. 17 of Law No. 426-FZ.

For your information

Until 05/01/2016, the deadline for the unscheduled inspection for all cases was six months.

2. With regard to the jobs specified in Part 7 of Art. 9 of Law No. 426-FZ, a special assessment of working conditions is carried out taking into account the specifics established by the Ministry of Labor in agreement with the federal executive body in charge of developing state policy and legal regulation in the relevant field of activity. Until such features are established, the general procedure provided for by Law No. 426-FZ is applied.

note

The list of jobs in organizations that carry out certain types activities in respect of which a special assessment of working conditions is carried out taking into account the specifics established by the authorized federal executive body, approved by Decree of the Government of the Russian Federation of April 14, 2014 No. 290.

Note also that according to Part 6 of Art. 27 of Law No. 426-FZ in relation to jobs not specified in Part 6 of Art. 10 of Law No. 426-FZ, a special assessment of working conditions can be carried out in stages and must be completed no later than 31.12.2018.

A phased special appraisal procedure cannot be carried out in relation to workplaces

Workers, professions, positions, specialties of which are included in the lists of jobs, industries, professions, positions, specialties, taking into account which an old-age pension is assigned ahead of schedule

In connection with the work at which, in accordance with legislative and other regulatory legal acts, guarantees and compensation are provided for work with harmful and (or) dangerous working conditions

On which, according to the results of earlier certification for working conditions or a special assessment, harmful and (or) dangerous working conditions were established

It can be concluded that the employer must conduct a special assessment of the working conditions at the workplace of the organization:

1. After five years from the date of certification of workplaces,
held before 01.01.2014.

And finally, the violations committed during the assessment were established by the chief specialist of the labor protection department, who made a state examination of the quality of the special assessment of the working conditions of the neurosurgeon's workplace based on the determination of the judicial board.

The results of the special assessment were declared invalid (Appeal ruling of the Sverdlovsk Regional Court dated June 24, 2016 in case No. 33-6870 / 2016).

Incorrect application of special assessment results. Situations are possible when the employer, when providing compensation to an employee for work in harmful conditions, is guided only by the results of a special assessment. But this is not enough in all cases. The requirements of other federal laws should also be taken into account.

The employee filed a lawsuit against the FKUZ MSCh-10 of the Federal Penitentiary Service of Russia (hereinafter referred to as the FKUZ) for granting her additional paid leave for 2015 in connection with the performance of the duties of an average medical staff, work in hazardous conditions and in accordance with the Law of the Russian Federation dated 02.07.1992 No. 3185-1 "On psychiatric care and guarantees of the rights of citizens during its provision" (hereinafter - Law No. 3185-1).

The employer, justifying his refusal to grant leave, indicated that according to the special assessment card, the plaintiff's workplace has a 2nd class of working conditions, which by virtue of the law are safe, and therefore she is not entitled to additional leave. In addition, the position of the employee is not included in the list of mental health workers who have been assigned additional vacations in accordance with the Resolution of the Government of the Russian Federation of 06.06.2013 No. 482 (hereinafter referred to as Resolution No. 482).

However, by a court decision, the claim was satisfied and the FKUZ was obliged to provide this medical worker participating in the provision of psychiatric care with an annual additional paid leave for 2015, and here's why.

This leave is granted to employees whose working conditions at their workplaces, according to the results of a special assessment, are classified as harmful 2nd, 3rd or 4th degree or dangerous (Article 117 of the Labor Code of the Russian Federation).

In accordance with para. 1 and 2 h. 1 tbsp. 22 of Law No. 3185-1, medical and other workers involved in the provision of psychiatric care have the right:

  • for reduced working hours;
  • for an additional annual paid leave for work with harmful and (or) hazardous working conditions in accordance with the legislation of the Russian Federation.

Law No. 3185-1 also provides that these guarantees to other workers involved in the provision of mental health care medical organizationssubordinate to federal executive bodies, state academies of sciences, medical organizations subordinate executive bodies state power constituent entities of the Russian Federation, as well as other employees from among civilian personnel military units, institutions and subdivisions of federal executive bodies, in which the law provides for military and service equivalent to it, are provided based on the results of a special assessment of working conditions (paragraph 4 of part 1 of article 22 of the law).

For your information

According to the list approved by Resolution No. 482, medical professionalsinvolved in the provision of psychiatric care, nurses and nurses (except for medical statistics), the duration of the annual additional paid leave is 35 calendar days.

Having established that L. N. A. is a medical worker directly involved in the provision of psychiatric care (ward nurse of the neuropsychiatric department of the FKUZ), and guided by Art. 22 of Law No. 3185-1, Resolution No. 482, the court confirmed that the provision of leave based on the results of a special assessment is provided for other employees involved in the provision of psychiatric care, to which the plaintiff does not belong. At the same time, the emergence of the right to annual additional paid leave for work in harmful and (or) dangerous conditions for medical workers involved in the provision of psychiatric care does not depend on the class of working conditions established by the special assessment that is provided for other employees of medical organizations in accordance with paragraph ... 4 h. 1 tbsp. 22 of Law No. 3185-1.

The panel of judges agreed with these findings of the court of first instance (Appellate ruling of the Supreme Court of the Republic of Karelia dated March 11, 2016 in case No. 33-719 / 2016).

Working conditions in an employment contract.

To prevent the occurrence of another mistake for which the employer can be held liable, let's say a few words about employment contract, namely, about one of its prerequisites - about guarantees and compensations for work with harmful and (or) dangerous conditions, if an employee is hired for such work, indicating the characteristics of working conditions at the workplace.

The Ministry of Labor, in a Letter dated July 14, 2016 No. 15-1 / OOG-2516, explained how this item is introduced after the special assessment and what to write in the employment contract before it.

So, if a special assessment has been carried out in your organization, you need to supplement the employment contract with information about the class (subclass) of working conditions at the employee's workplace, list the guarantees and compensations due to him.

The employer is obliged to notify the employee in writing about the upcoming changes in the terms of the employment contract, as well as the reasons that caused the need for changes, no later than two months in accordance with Art. 74 of the Labor Code of the Russian Federation.

Notification of the employee about the change in the employment contract will not be considered a written acquaintance with the results of the special assessment. The employee must be familiarized with the special assessment of working conditions at his workplace against signature.

note

If an employee is admitted to a newly organized workplace, where an assessment of working conditions has not previously been carried out, then before it is carried out, his general characteristics (description of the workplace, equipment used and features of work) may be indicated in the employment contract with the person accepted for such a workplace with him).

At the same time, guarantees (compensation) for work in harmful and (or) dangerous conditions based on the results of the special assessment begin to be provided from the day the results come into force (from the moment the report on its performance is approved).

Before making a special assessment, employers should determine the possibility of compensating employees for harmful (hazardous) factors, if they are eventually identified.

In conclusion, we draw the attention of employers who have not yet conducted a special assessment to the following: do not forget that you have not only the obligation to ensure that it is carried out, but also the right to require the organization conducting it to substantiate the assessment results. Take this review seriously, as both your mistakes and those of the evaluator can lead to litigation with employees.

"On amendments to certain legislative acts Russian Federation in connection with the adoption of the Federal Law “On Special Assessment of Working Conditions”.

"On the duration of the annual additional paid leave for work with harmful and (or) hazardous working conditions, provided to certain categories of workers."

The general structural diagram of the SOUT is as follows:

In the diagram, gray rectangles indicate steps - actions.

The arrows show:

1) incoming information - documentation, etc. information required to complete the steps,

2) outgoing information - what is formed as a result of performing steps.

A detailed description of each step is set out in the corresponding sections of the step-by-step instructions:

Step 0 - Determine if and when to conduct a special assessment of working conditions

S.V. Polyashov, 2014

Where should SOUT take place

  1. homeworkers,
  2. teleworkers,
  3. workers who joined labor Relations with an employer - an individual who is not an individual entrepreneur ().

government civil servants and municipal civil servants held not by, but for special regulatory - legal acts for employees ( ) .

SOUT concerning working conditions employees admitted to information classified as state or other secrets protected by law, is carried out in accordance with special regulatory legal acts ().

In other cases, SOUT should be carried out

Dates of SOUT

SOUT is carried out Once every 5 years... The term is calculated from the date of approval ().

If, before 01.01.2014, the organization carried out certification of workplaces, then within 5 years after its completion, you can skip SAUT ()

Unscheduled certification is carried out before the expiration of the 5 - year period in the following cases ():

  1. commissioning of newly organized workplaces;
  2. receipt by the employer of an order from the state labor inspector to conduct an unscheduled special assessment of working conditions in connection with the violations identified;
  3. changes in the technological process, replacement of production equipment that can affect the level of exposure to production factors on workers;
  4. changes in the composition of the materials used and (or) raw materials that can affect the level of impact of production factors on workers;
  5. changes in the personal and collective protective equipment used that can affect the level of exposure to production factors on workers;
  6. an industrial accident that occurred at the workplace (with the exception of an industrial accident that occurred through the fault of third parties) or an identified occupational disease caused by exposure of the employee to harmful and (or) hazardous production factors;
  7. availability of motivated proposals from the elected bodies of primary trade union organizations or other representative body of workers to conduct an unscheduled special assessment of working conditions.

Step 1 - formation of a commission to conduct a special assessment of working conditions

S.V. Polyashov, 2014

Actions:

  1. Decide on the composition of the commission ().
  2. Issue an order on the creation of the commission and familiarize with it against the signature of the members of the commission ()

Outgoing documents:

  1. order (order on the composition and procedure for the activities of the commission for the SAUT) ()
Comment:

The employer or his representative heads the commission.

Number of commission members should be odd ().

The commission should include ():

  1. labor protection specialist;
  2. a representative of the trade union organization of the enterprise or other representative body of workers (if any).

For organizations classified as small businesses, the commission should include: ():

  1. employer - personally the individual entrepreneur himself, or the employer - the head of the organization (director, etc.),
  2. labor protection specialist - an employee of this organization, or involved under a civil law contract, or a representative specialized organizationinvolved in the implementation of the functions of the service (specialist) of labor protection.

The composition and procedure for the activities of the commission are approved by the order (decree) of the employer ().

Step 2 - development and approval of the list of workplaces where SAWS will be carried out with indication of similar workplaces

S.V. Polyashov, 2014

Incoming documents:

  1. staff organization schedule,
  2. the list of those currently working.

Actions:

  1. develop and approve by the commission a list of workplaces where the SAUT will be carried out ().

Outgoing documents:

The form of the list has not yet been approved by law. The list of jobs can be done as follows:

Individual workplace number

The name of the workplace and sources of harmful and (or) dangerous factors of the working environment and labor process

The number of employees employed at this workplace (people)

The presence of a similar workplace (workplaces)

seamstress, sewing machine

production manager

director

chief Accountant

human Resources Manager

Similar jobs are marked with the letter "a" in the table.

Places are recognized as similar jobs ():

  1. located in one or more of the same type industrial premises (production areas),
  2. equipped with the same (the same type) ventilation, air conditioning, heating and lighting systems,
  3. in which employees work in the same profession, position, specialty,
  4. where employees perform the same labor functions,
  5. which have the same working hours,
  6. on which the same type of technological process is carried out,
  7. which use the same production equipment, tools, fixtures, materials and raw materials,
  8. where employees are provided with the same personal protective equipment.

This list will be required to conclude an agreement with a specialized organization for SOUT.

Step 3 - finding and attracting a specialized organization to SOUT

S.V. Polyashov, 2014

Incoming documents

  1. documents confirming the compliance of a specialized organization with the requirements (and).

Actions:

  1. select an organization that has the right to conduct SAWS,
  2. check organization documents,
  3. determine what information, documents and information you need to transfer to the organization that provides the SAWS under the contract (),
  4. conclude an agreement with the organization,
Outgoing documents
  1. civil contract for the implementation of the SAUT (), including information about documents that the employer is obliged to provide to the organization conducting the SAWS under the concluded agreement ( ),

Comments:

To carry out SOUT, it is necessary to conclude an agreement with a specialized organization corresponding to ().

Organizations previously accredited as certification organizations can carry out a special assessment of working conditions before the expiration of the validity period of their existing ones on 01.01.2014. accreditation certificates, but no later than 31.12.2018 ().

If the validity of the accreditation certificate of the laboratory of the attesting organization expires in 2014, then the organization has the right to carry out SOUT until December 31, 2014 ().

You can find such an organization on the page of SOUT companies by the link.

Before concluding a contract:

  1. study carefully constituent documents organizations and check them on the website of the Federal Tax Service (egrul.nalog.ru) or in response to a request from the Federal Tax Service - the name of the organization, TIN, KPP, ORGN must match, legal address; the organization must be operational;
  2. demand documents confirming the compliance of the specialized organization with the requirements (the employer's right to demand these documents is secured and);
  3. check the certificate of entry in state Register of accredited organizations providing services in the field of labor protection, compare with the corresponding entry on the official website of the Ministry of Health of the Russian Federation;
  4. study the accreditation certificate and the scope of accreditation - make sure that the studies you need are included in the scope of accreditation and that the validity of the accreditation certificate will not expire before the completion of the SAUT;
  5. study the text of the agreement:
  • the contract must indicate which documents, information and information the employer is obliged to provide the organization conducting the SOUT (). In case of failure to provide this information, documents and information,
  • the contract must indicate conditionsthat the employer must provide for the SAWS. If the employer refuses to provide these conditions, the organization conducting the SAUT must do not start or stop work ().
  • see what documents the organization conducting the SAWS will have to prepare - whether it will develop a schedule for the SAWS, declarations of conformity with labor conditions, etc.
Original Russian Text © S.V. Polyashov, 2014
Author: S.V. Polyashov, 2014. Copying is allowed only with the written consent of the author, and the presence of a mandatory active link to the website

Step 4 - development and approval of the SAUT schedule

S.V. Polyashov, 2014

Incoming documents:

  1. documents that the employer is obliged to provide to the organization conducting the SAWS under the concluded agreement (),
  2. a list of places where the SAWS will be held, indicating similar jobs ()

Actions:

  1. together with the organization conducting the SAWS, develop and approve the schedule for the SAWS ()

Outgoing documents:

  1. schedule for a special assessment of working conditions ().

Comment:

There is no officially approved schedule. At this step, you will have already concluded an agreement with an organization for the SAUT, whose specialists will help you develop a schedule for the SAUT.

Step 5 - conducting identification of production factors

S.V. Polyashov, 2014

Incoming documents:

  1. Documents that the employer is obliged to provide to the organization conducting the SAWS under the concluded agreement (),
  2. a list of places where the SAWS will be held, indicating similar jobs ()

Actions:

  1. Help the expert of the organization conducting the SAWS survey workplaces and understand the technical and other documentation of your organization.
  2. Approve the identification results by the commission ().

Outgoing documents:

  1. identification results ().

Comment:

Identification is carried out by an expert of the organization for SOUT (). The identification procedure is described in detail.

The essence of identification: an expert on SOUT examines the employer's documentation ( technical documentation for equipment, projects, results of previously carried out measurements of harmful factors, etc.), conducts a survey of workplaces by examining them, interviews workers, etc. and identifies harmful factors.

Not subject to identification ():

1. workplaces workers, professions, positions, specialties of which are included to the lists relevant works, industries, professions, positions, specialties and institutions (organizations), taking into account which an early assignment of an old-age retirement pension is carried out;

2. workplaces, in connection with the work at which employees in accordance with legislative and other regulatory legal acts guarantees and compensations are provided for work with harmful and (or) dangerous working conditions;

3. workplaces, on which, according to the results of earlier certification of workplaces for working conditions or a special assessment of working conditions harmful and / or dangerous working conditions have been established.

After identification, the workplaces will be divided into three groups:

  1. workplaces where harmful (hazardous) factors are identified;
  2. workplaces where harmful (hazardous) factors are not identified;
  3. jobs that were not subject to identification.

The Commission must approve the identification results ().

Step 6 - drawing up and sending to the appropriate state authority a declaration of compliance of working conditions with regulatory requirements

S.V. Polyashov, 2014

Incoming documents:

  1. list of workplaces where harmful factors have not been identified.

Actions:

  1. draw up or read the declaration,
  2. send the declaration to the state authority ().
Outgoing documents:
  1. Declaration of conformity of working conditions to regulatory requirements.

Comment:

Original Russian Text © S.V. Polyashov, 2014

In relation to workplaces where no harmful (hazardous) production factors have been identified, the employer must submit a declaration on the compliance of working conditions with regulatory requirements to the labor inspectorate.

The law does not say who should draw up the declaration - the organization conducting the SAWS or the employer's organization. To avoid disagreements, write down this obligation in advance in the contract for the SAUT.

There is no officially approved declaration form yet.

The declaration is valid for 5 years. The period starts from the date of approval of the report on the implementation of the SOUT ().

If the employee for whom the declaration is submitted has an industrial accident (except for an industrial accident caused by third parties) or the employee has an occupational disease, the declaration for this workplace also ceases to be valid for this employee an unscheduled SOUT () is carried out.

The decision to terminate the declaration is made by the labor inspectorate no later than 10 calendar days from the date of the accident and occupational disease (

Since 2014, on the basis of Federal Law No. 426-FZ of 28.12.13 "On special assessment of working conditions", a special assessment of working conditions has been carried out, before that certification of workplaces was carried out. The meaning is approximately the same, but nevertheless some changes have been made.

All employers need to carry it out. On the basis of the above-mentioned law, amendments were made, as a result of which administrative penalties were increased in case of refusal to carry out a special assessment, as well as toughened criminal penalties in relation to persons through whose fault an accident occurred at work.

In order for you to understand, before the adoption of Federal Law No. 426 of 12/28/13, the concept was applied as certification of workplaces and this was a mandatory procedure for everyone, without exception, according to the Labor Code of the Russian Federation, Article 212. Since 2014, a new concept has been established and is currently referred to as a special assessment of working conditions.

A special assessment is a complex of uniform measures carried out consistently and aimed at identifying hazardous and (or) harmful factors in production and also aimed at identifying their impact on employees of the organization. The result of such an assessment is the establishment of working conditions for employees' workplaces by classes and subclasses of hazard. The rules for conducting and determining the harmfulness are made on the basis of 426 Federal Law.

Who should conduct a special assessment of working conditions (certification of workplaces)

In accordance with law No. 426-FZ, article 8, part 1 and the Labor Code of the Russian Federation, art. 212 and the obligation to conduct a special assessment lies with the employer, which is also carried out at his expense. All employers, both organizations and individual entrepreneurs who have employees on their staff, are obliged to conduct it.

If we talk about entrepreneurs who work for themselves without involved employees, then they do not need to conduct a special assessment of jobs. However, in the event that employees appear on the staff, there will be an obligation to carry out such a procedure.

Also, it is not required to carry out a special assessment to individuals who do not have the status of individual entrepreneurs who hire employees (According to Law No. 426-FZ, Article 3).

For which workplaces it is necessary to carry out a special assessment

There are a number of differences between workplaces, which are now subject to a special assessment and for which workplaces were previously certified.

So, earlier, certification of workplaces was carried out in the case of using on them hand tool, mechanisms, equipment, installations, machines, apparatus, devices and vehicle, if there are sources of danger. Since 2014, in the case of a special assessment, such restrictions have not been established, in this regard, it is carried out regardless of whether the above factors are present in the workplace or not.

Another difference is regarding teleworkers and homeworkers. For these workplaces, the certification of workplaces was carried out at general principles... Based on Law No. 426-FZ, which now clearly states this issue - there is no need to carry out a special assessment of labor in relation to workers who work remotely.

Read also:

Responsibility for informal employment for employer and employee

As for office employees, there are most of them and the issue deserves special attention. Earlier in the law there was no clarity about the need for attestation. Law No. 426-FZ clarified, since there are no restrictions on the relations of office employees, it is also necessary to carry out a special assessment in relation to these jobs.

To summarize, a special assessment must be carried out for all workplaces, with the exception of the following:

  • In case the employee is engaged in home work.
  • In relation to the places of workers who work remotely.
  • If the employer is individual, which is not an IP.

The frequency of the special assessment

What is the timing of the special assessment? there is scheduled check and unscheduled. The planned one must be carried out once every five years. If certification was carried out for the workplace, then a special assessment can be assigned 5 years after the completion of certification.

However, cases are stipulated, upon the occurrence of which a special assessment is carried out unscheduled check (before the onset of 5 years since the last time:

  • When commissioning new jobs.
  • In the event of a change in the technological process, including the use of the composition of the materials used, and other innovations that affect the level of exposure to hazardous and harmful production factors.
  • In the event of an accident at work or the occurrence of an occupational disease, which are caused by dangerous and harmful conditions labor.
  • Based on the order of the labor inspector, as well as a motivational proposal coming from the trade union organization.

What is the threat of refusal to conduct a special assessment?

If the organization did not conduct a special assessment of labor, then it could be brought to administrative responsibility.

Until 2015, for such an offense, the employer was involved in accordance with the Code of Administrative Offenses of the Russian Federation, Article 5.27, according to which the size of the fine for officials is from 1 to 5 thousand rubles, and for legal entities - from 30 to 40 thousand rubles. Another type of punishment is the suspension of the organization's activities for up to 90 days.

Starting from 2015, a fine for the lack of a special price is charged on the basis of the Code of Administrative Offenses of the Russian Federation, Art. 5.27.1 and is:

  • For individual entrepreneurs and officials from 5 to 10 thousand rubles.
  • For legal entities it is from 60 to 80 thousand rubles.
  • There is also a warning.

In the event of a repeated violation, the penalties will be more severe:

  • For individual entrepreneurs and officials it will be from 30 to 40 thousand rubles.
  • For legal entities persons - from 100 to 200 thousand rubles.
  • Instead of applying penalties, it is possible to suspend the activities of an organization (IP) for up to 90 days, and executive may be disqualified for 1-3 years.

What happens if an accident occurs, but there is no special grade?

In this case, the lack of results of a special assessment of working conditions in the organization (IP) may serve as evidence of the employer's guilt. If the guilt is proven, then the head can be prosecuted in accordance with the Criminal Code of the Russian Federation, Art. 143:

  • The amount of the fine can be up to 400 thousand rubles.
  • In the amount of a manager's salary from 8 to 18 months.
  • It is possible to apply punishment in the form of forced labor for up to 1 year, or imprisonment for up to 1 year.