Special assessment of working conditions. Who may not undergo workplace certification?

From January 1, 2014, instead of workplace certification, a special assessment of working conditions was introduced, which must be carried out in accordance with Federal Law dated December 28, 2013 N 426-FZ. Accordingly, the results of certification of workplaces for working conditions, issued after December 31, 2013, cannot be used (clause 2 of Letter of the Ministry of Labor of Russia dated March 13, 2014 N 17-3 / B-113). Let us remind you that by virtue of Part 12 of Art. 209 of the Labor Code of the Russian Federation in the old version, certification was carried out in the manner approved by Order of the Ministry of Health and Social Development of Russia dated April 26, 2011 N 342n (hereinafter referred to as the Certification Procedure). A special assessment of working conditions was previously provided for in Part 4 of Art. 58.3 of Federal Law No. 212-FZ of July 24, 2009 as a basis for exemption from payment of insurance premiums at additional rates. Part 4 art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ lost force on January 1, 2014 (subparagraph “d”, paragraph 4 of Article 13 of the Federal Law of December 28, 2013 N 421-FZ).

By analogy with the results of certification, the results of a special assessment of working conditions are used, in particular, to provide employees with guarantees and compensations provided for by the Labor Code of the Russian Federation, as well as to establish additional tariffs for insurance contributions to the Pension Fund of the Russian Federation, and calculate allowances (discounts) to the tariff of contributions for compulsory social insurance from accidents at work and occupational diseases and justification for financing measures to improve labor protection conditions (Article 7 of the Federal Law of December 28, 2013 N 426-FZ).

A special assessment is carried out in relation to the working conditions of all employees, except for homeworkers, remote workers and those who work for individuals who are not entrepreneurs (Article 3 of the Federal Law of December 28, 2013 N 426-FZ). Special provisions are provided for state civil and municipal employees. Let us recall that in clause 4 of the Certification Procedure other exceptions were established (in particular, certification could not be carried out in relation to workplaces where employees were engaged only in working on personal computers).

The methodology for conducting a special assessment of working conditions (Part 3, Article 8 of Federal Law No. 426-FZ dated December 28, 2013) was approved by Order of the Russian Ministry of Labor No. 33n dated January 24, 2014. It establishes requirements for the procedures implemented within the framework of a special assessment: for the identification of potentially harmful or dangerous production factors, their research and measurement, the assignment of working conditions in the workplace to a certain class (subclass) and the presentation of results (clause 1 of the Methodology).

As a general rule, an assessment of working conditions is carried out at least once every five years, unless there are grounds for an unscheduled assessment (Part 4, Article 8 and 17 of the Federal Law of December 28, 2013 N 426-FZ). Let us note that, in accordance with clause 8 of the Certification Procedure, re-certification may not have been carried out in relation to those workplaces in which the working conditions were considered acceptable or optimal.

A significant innovation is the establishment in Art. 14 of the Federal Law of December 28, 2013 N 426-FZ classification of working conditions. According to the degree of harmfulness and (or) danger, they are divided into four classes: optimal, acceptable, harmful and dangerous (classes 1, 2, 3 and 4, respectively). In turn, harmful conditions can be of four degrees (subclasses). It should be noted that this article explains exactly what working conditions apply to each class (subclass).

According to Part 2 of Art. 8 of the Federal Law of December 28, 2013 N 426-FZ, a special assessment of working conditions is carried out jointly by the employer and a specialized organization that meets the requirements given in Art. 19 of this Law. Part 2 Art. 4 of Federal Law No. 426-FZ of December 28, 2013 establishes the employer’s responsibilities, in particular to ensure that such an assessment is carried out and to provide the specialized organization with the necessary information, documents and information.

Let's pay attention to the following. If certification has been carried out in relation to workplaces, an assessment of working conditions may not be carried out for five years from the date of completion of certification, with the exception of cases of appointment of an unscheduled assessment (Part 4 of Article 27 of the Federal Law of December 28, 2013 N 426-FZ). Other transitional provisions are also provided for legal entities that were accredited as organizations providing workplace certification services before January 1, 2014. Thus, they have the right to conduct a special assessment of working conditions before the expiration of those existing on the day the Federal Law entered into force dated December 28, 2013 N 426-FZ of accreditation certificates for testing laboratories (centers), but no later than December 31, 2018 inclusive (Part 1, Article 27 of the Federal Law dated December 28, 2013 N 426-FZ). The certification results are used to apply an additional tariff for insurance contributions to the Pension Fund of the Russian Federation, taking into account the class (subclass) of working conditions in the workplace. In paragraph 4 of Letter No. 17-3/B-113 dated March 13, 2014, the Russian Ministry of Labor emphasized that this is an obligation, not a right, of the insurance premium payer.

If, as a result of a workplace certification carried out before January 1, 2014, working conditions are recognized as harmful or dangerous, then an additional insurance premium rate established by Part 2.1 of Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ, in the amount of 2 to 8 percent depending on the subclass of working conditions (Part 5 of Article 15 of the Federal Law of December 28, 2013 N 421-FZ, Letter of the Ministry of Labor of Russia dated April 18, 2014 N 17-3/B-171). In this regard, the Ministry of Labor of Russia explained the following: if the taxpayer cannot document the subclass of hazardous working conditions, an additional tariff of 7 percent is applied to the certified workplace, which corresponds to subclass of working conditions 3.4 (clause 2 of the Letter of the Ministry of Labor of Russia dated March 26, 2014 N 17-3/10/B-1579).

The Russian Ministry of Labor indicated in clause 3.5 of Letter No. 17-3/B-113 dated March 13, 2014, how insurance premiums are calculated at additional rates if the organization has current certification results for only part of the workplaces. If, according to the results of the certification, the working conditions of the employee engaged in the work specified in sub. 1 - 18 p. 1 tbsp. 27 of the Federal Law of December 17, 2001 N 173-FZ, are recognized as harmful and dangerous, then insurance premiums are charged at additional rates provided for in Part 2.1 of Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ. If working conditions are recognized as optimal or acceptable or there are no workplace certification results, then insurance premiums are charged at additional rates provided for, respectively, Part 1 or 2 of Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ.

In addition, in clauses 7 and 8 of this Letter, the Ministry of Labor of Russia answers the question of how to determine the amount of insurance premiums at additional rates when an individual is part-time employed for a month in work under subclause. 1 - 18 p. 1 tbsp. 27 of Law N 173-FZ with different classes (subclasses) of working conditions. In such a situation, insurance premiums are charged for each additional tariff in proportion to the number of days (hours) worked at the relevant workplaces in the total number of days (hours) (taking into account overtime, weekends, and holidays) in a given month. The insurance premiums under consideration are accrued for the entire amount of payments and remunerations that are accrued in favor of a given employee during the month, regardless of for what periods the payments are made.

If specialized organizations accredited to conduct certification of workplaces include testing laboratories (centers), whose accreditation certificates expire in 2014, these companies can conduct assessments without taking into account the requirements regarding the number and composition of experts until December 31, 2014 inclusive (Part 2 of Article 27 of the Federal Law of December 28, 2013 N 426-FZ).

The Code of the Russian Federation on Administrative Offenses has also been supplemented with new norms. Part 2 Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation provides for the liability of the employer for violating the procedure for conducting a special assessment of working conditions at workplaces or for failing to conduct it. In this case, a measure is applied in the form of a warning or a fine (in particular, for legal entities - from 60 to 80 thousand rubles). The responsibility of a specialized organization for violating the procedure for conducting a special assessment of working conditions is established by Art. 14.54 Code of Administrative Offenses of the Russian Federation. The changes made to the Code of the Russian Federation on Administrative Offenses will come into force on January 1, 2015 (Part 2 of Article 15 of the Federal Law of December 28, 2013 N 421-FZ).

In addition, it should be added that the costs of conducting a special assessment of working conditions are not taken into account for the purposes of the simplified tax system (Letter of the Ministry of Finance of Russia dated June 30, 2014 N 03-11-09/31528 (sent by Letter of the Federal Tax Service of Russia dated July 30, 2014 N GD-4-3/ 14877)). The position of the financial department is not indisputable. For more details, see New documents for accountants. Issue dated 08/20/2014.

We also note that these expenses can be reimbursed from contributions for injuries accrued to the Federal Social Insurance Fund of the Russian Federation (clause 3 of the Rules for financial support of preventive measures to reduce occupational injuries and occupational diseases of workers and sanatorium-resort treatment of workers engaged in work with hazardous and (or) hazardous production factors (approved by Order of the Ministry of Labor of Russia dated December 10, 2012 N 580n as amended by Order of the Ministry of Labor of Russia dated February 20, 2014 N 103n)).

In order to assess the actual working conditions at specific workplaces, they are certified. During this procedure, all production factors are studied, the influence of which creates a threat to the health or life of workers. And then, based on the data obtained, an action plan is drawn up aimed at reducing production risks for humans and ensuring normal working conditions.

In accordance with the Procedure approved in 2011, certification of workplaces in Moscow is carried out at all workplaces and at all production facilities. In cases where the working conditions in several areas of the enterprise are similar (i.e. there is the same technological equipment and work schedule, exposure to the same harmful (hazardous) production factors), then inspection and certification of 20 percent of the total number of workplaces is allowed. these areas.

At all workplaces, the procedure for assessing working conditions is carried out in strict accordance with the regulations in force in our country, including sanitary and hygienic rules, industry standards for providing production personnel with special clothing and other personal protective equipment.

The timing, procedure, composition of the certification commission, requirements for workplaces and other issues are described in detail in Order of the Ministry of Health and Social Development No. 342. To speed up the certification process and avoid mistakes, contact Garant LLC for help in Moscow. Our specialists are well aware of the current regulations for certification of workplaces for working conditions, and have studied in detail the latest changes to regulations. With our support, certification activities will take place quickly and with minimal, reasonable costs for your company.

Certification of workplaces according to working conditions 2016. What changes need to be taken into account?

Russian legislation is being improved, so certain adjustments are made to it from time to time. Two years ago, such amendments were made to the regulations for the certification of workplaces based on working conditions. These changes were a consequence of the adoption of a new federal law and adjustments to the country's Labor Code.

What are they?

Firstly, workplace certification in 2016 became a special assessment of working conditions. Accordingly, its rules have undergone significant changes. Such perturbations are not accidental. The special assessment has a different status, therefore it will force enterprises to comply with the approved procedure for assessing jobs.

For reference. According to statistics, about 35% of previously identified violations at enterprises are the admission of personnel to work without passing the health and safety rules, ignoring or formally conducting certification of workplaces.

Secondly, the Social Insurance Fund now accepts the financial statements of an enterprise only if it contains a note indicating a special assessment has been carried out. How are certification of workplaces in Moscow and social insurance related? The fact is that based on the results of certification (now a special assessment of working conditions), each workplace is assigned a hazardous category. And the amount of insurance premiums is calculated taking this parameter into account. The higher the production hazard class, the correspondingly more funds will have to be contributed to the Social Insurance Fund. If an enterprise delays conducting a special assessment of working conditions, it will not be able to submit reports on time. And this will lead to serious sanctions from government agencies. Thus, the enterprise will have to organize a special assessment of jobs, willy-nilly, the responsibility of legal entities and individual entrepreneurs increases.

Thirdly, a special assessment is the same certification of jobs, only according to new rules. Her task also includes:

• identifying the compliance of working conditions at workplaces with the standards in force in Russia;
• analysis of harmful and dangerous production factors for their impact on enterprise personnel;
• searching for jobs where working conditions are unsatisfactory due to serious exposure to harmful/hazardous factors at work.

Based on the results of the special assessment, the company's employees may be awarded compensation and benefits.

Fourthly, until 2014, certification of workplaces in Moscow was carried out mainly at enterprises where there were real sources of danger for personnel. For example, at production facilities that use mechanisms, hand tools, technological equipment, and transport. In 2016, a special assessment must be carried out by absolutely all Moscow enterprises and at all workplaces. Working conditions are assessed even in offices. The exception is the workplace of homeworkers and remote employees.

Employees of Garant LLC will tell you in more detail about the certification of workplaces in 2016 and the latest changes in its regulations. We will advise you on all the nuances of this procedure.

How is workplace certification carried out in Moscow?

The results of workplace certification are necessary to solve a number of problems:

1. to draw up an occupational safety action plan;
2. to organize periodic medical examinations;
3. to supply workers with personal protective equipment;
4. for production certification;
5. for calculating compensation, early retirement pension (in hazardous industries) and other benefits;
6. for statistical analysis of working conditions at the enterprise.

Since the certification of workplaces in 2016 is carried out according to new rules, it is advisable to seek assistance in its implementation from specialists. In Moscow, Garant LLC will provide qualified assistance to your enterprise. The cost of our services depends on a number of factors: the size of the team, the characteristics of production, etc. But in any case, it is justified and democratic. We will organize the certification of workplaces at your enterprise in accordance with all the rules, carry it out in a short time, and prepare the necessary papers for it.

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

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

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

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

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

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

The fine is provided for both the non-compliance of workplaces with the requirements of the commission and the lack of certification. The head of the enterprise will have to pay approximately 30 minimum wages, in addition, there is a general fine for the enterprise, which can reach 300 minimum wages. Repeated violation of labor safety standards entails suspension of the enterprise's license for up to three years. If there is a violation on the part of the certification commission, then liability is not provided for at the legislative level, so all the nuances and controversial issues should be spelled out in the contract with the employer.

There are several situations where nothing will happen for not passing the certification. We are talking about small enterprises when the only employee is its founder. This means that the practical need for evaluation disappears. The same applies to remote work. At an enterprise, several employees may have the same positions, then no more than 20 percent of all jobs are subject to assessment, taking into account the fact that there will be at least two of them. If an office is rented and there is at least one workplace there, then an assessment must take place, unless it has not been carried out within the last 5 years.

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

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

Innovations in the field of ensuring safe working conditions

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

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

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

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

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

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

Rules and procedure for conducting a special assessment of working conditions

Job assessments should be carried out special commission.

Sample accreditation certificate

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

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

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

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

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

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

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

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

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

Kinds

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

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

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

Stages of implementation

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

Results of the inspection are used when submitting information to the Social Insurance Fund to calculate insurance premiums; on this basis, the assignment of a hazard class in relation to a specific workplace is calculated. This factor determines the size of the discount or premium when paying insurance premiums.

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

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

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

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

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

Certification of workplaces is carried out in our country with the aim of further preventing accidents at work and occupational diseases of workers. Read our article about how to do it correctly.

What is workplace certification for working conditions?

Certification of workplaces for working conditions is a set of measures carried out to assess the safety of the work area. During the certification process, harmful and dangerous factors must be detected during production operations. This is one of the important elements of production culture, as well as the prevention of accidents in production activities, which are reflected in a special journal.

For information on how to properly maintain a register of accidents, read the article "Logbook of industrial accidents".

Certification of workplaces was carried out back in the USSR. But then it did not receive proper distribution. Probably the reason for this was the “vertical” hierarchy of the country’s economic management system. At the end of the 80s, a standard provision was formed for assessing working conditions at production sites. It included a list of compensation and preferential conditions for those personnel whose production activities came into contact with hazardous working conditions. Here you can recall the phrase “Milk is harmful!”, known since Soviet times. It very accurately reflected the real state of affairs in the country and the attitude of the Soviet authorities towards the certification of workplaces. In those days, a system of issuing food products for working in hazardous conditions was developed. Although it was the delivery of milk that was justified from a medical point of view. It is believed that its regular use can remove harmful compounds from the human body.

After the collapse of the USSR, the Ministry of Labor and Employment set the following tasks for the certification of workplaces:

• studying the influence of harmful factors on human health as a result of work activities;
• economic feasibility of applying benefits and compensation for harmful working conditions to certain categories of professions;
• development of measures to improve existing working conditions and reduce the harmful effects on human physical health.

The above goals remain relevant today.

In 1997, job certification became a key rule in order to obtain certification of professions and related types of work. According to those rules, officials received the right to check the certification of workplaces. This was a kind of breakthrough in labor protection. Since then, this procedure has acted as the leading method of state control over the safe component of work activity.

Regulatory regulation of workplace certification in 2018

Certification of workplaces is regulated by regulations at various levels.

Firstly, this is the Labor Code of the Russian Federation, Art. 212 of which directly indicates to the employer his obligation to carry out certification of workplaces.

Secondly, since January 1, 2014, the procedure itself has undergone some changes. For example, the concept of “job certification” was replaced by “special assessment of working conditions.”

Read about the differences between certification and special assessment. “How is a special assessment of working conditions (nuances) carried out?”.

At the same time, 2 new federal laws became relevant:

• Law “On special assessment of working conditions” dated December 28, 2013 No. 426-FZ;
• Law “On Amendments to Certain Legislative Acts of the Russian Federation” dated December 28, 2013 No. 421-FZ (in connection with the adoption of the previous federal law).

In 2016, amendments and additions were made to the law dated December 28, 2013 No. 426-FZ (Law “On Amendments...” dated May 1, 2016 No. 136-FZ), which, in addition to clarifying amendments, introduced:

• the possibility of using employee suggestions to assess their working conditions;
• additional rights for inspectors (in particular, the right to get acquainted with the labor process in detail);
• additional obligations for employers (in particular, the obligation to send an approved copy of the special assessment report to the organization conducting the inspection).

The list of regulatory documents can also include documents at the enterprise management level:

• internal local acts of the enterprise, for example, regulations;
• administrative documentation, for example, orders from the head of the enterprise.

Thus, certification of workplaces is the responsibility of the employer assigned to him by the state in order to ensure the safety of personnel.

Read about other responsibilities of the employer in terms of labor protection in the article "St. 212 Labor Code of the Russian Federation: questions and answers".

Which jobs are subject to mandatory certification?

So, we found out that workplace certification is an inevitable procedure. But not all jobs are subject to mandatory certification.

Certification of workplaces is carried out once every 5 calendar years. However, this period does not apply to all production locations. The procedure goes through those work areas that:

• after completion of the previous procedure are included in the list of harmful and dangerous;
• require passing initial and subsequent medical commissions.

Those places that are associated with the following work processes are certified:

• working actions on mechanized means of labor, transport;
• carrying out testing and repair work of the above-mentioned means of labor;
• use of hand tools in the labor process;
• working with objects and means of labor that may cause adverse radiation to humans;
• work related to raw materials and materials;
• newly created places.

During work, a person is influenced by a number of factors, which are assessed during workplace certification:

• biochemical factors;
• the presence of fields and other radiation with and without ionization;
• acoustics, e.g. noise level;
• light level;
• vibration level;
• degree of injury hazard;
• microclimatic conditions;
• the severity and intensity of work;
• the importance of using barrier protection products.

Certification of a newly equipped workplace is carried out not immediately after its creation, but over the next year. This is necessary for a complete assessment of all factors that influence a person.

Certification of workplaces for working conditions

Let's consider the main stages of the workplace certification procedure. When conducting workplace certification, the employer bears only the functions of managing the process. But he is responsible for the very fact of the procedure. The first action of the employer is to sign an order to create a commission to conduct certification of workplaces, the members of which:

• determine the exact time frame within which the certification will be carried out;
• are searching for the necessary production locations;

• are looking for an organization that is capable of carrying out this procedure efficiently;
• are engaged in the final stage of the process, drawing up workplace certification cards for working conditions.

The employer can also offer cooperation to employees of trade unions as members of the commission.

In our country, workplace certification is not carried out by the employer himself, but by an external independent specialized company. This is a requirement from 01/01/2014. Until this point, the employer could carry out workplace certification on its own, but in most cases the procedure was formal. A specialized organization provides services for the procedure on a reimbursable, that is, paid basis.

The certifying company must meet several conditions:

• be a legal entity;
• be free in your actions;
• be independent from the enterprise;
• be competent in matters of occupational safety;
• have all the necessary instruments and means of labor;
• carry out accreditation in accordance with the procedure established by law;
• be included in the register of companies that provide services in the field of labor protection.

After concluding a contract for workplace certification, the company conducting the certification must carry out a number of activities:

• determine the presence of harmful and dangerous working conditions;
• make measurements of those same factors using special instruments;
• prepare the necessary package of documents upon completion of certification;
• issue an expert opinion at the final stage;
• prepare a list of measures to improve working conditions.

Results of workplace certification for the employer

So, the workplace certification has been completed. Its results will influence the future activities of employees. Depending on the assessment of workplace conditions, employees may be entitled to:

• to add days to the main annual leave (at least 7);
• reduction of the working week by hours;
• an additional payment to wages in the form of a certain percentage (but not less than 4%), calculated from the salary.

For more information about what is due to an employee working in hazardous conditions, read the material “What refers to harmful working conditions (nuances)?”.

The results of the procedure will affect the payment of additional employer contributions to compulsory pension insurance. We are talking about accruals in relation to employees who have the right to early retirement. The amount of the additional tariff depends on:

• depending on the type of work;
• class of working conditions.

If an employee is not engaged in relevant work, then additional insurance contributions on his wages and other remunerations are not accrued. It does not matter what class of working conditions is established in relation to his workplace based on the results of workplace certification. If, after the procedure, a harmful or dangerous class of working conditions is established, but employees do not have the right to early retirement pension, then additional insurance contributions are not charged for payments to these persons.

Contributions to the Federal Social Insurance Fund of the Russian Federation for accident insurance also depend on the certification of workplaces. Every employer is faced with a choice: not to improve the working conditions of staff and pay contributions at increased rates, or to certify workplaces, determine the harmful or dangerous class of working conditions, improve workplace safety and pay contributions at reduced rates.

Workplace certification card for working conditions

A third-party organization handles the employer’s workplace certification process and prepares the final documentation. This documentation serves as confirmation of the results of the procedure. One of the important documents is the workplace certification card for working conditions. Such a document is proof of certification of a specific work area.

It should include the following information:

• factual and analytical information about each working area, calculated based on the results of measurement procedures;
• recommendations for improving existing conditions;
• the validity of the use of compensation and preferential conditions for personnel.

Specialists from the certifying company who measure the influence of factors summarize the results of the procedure in protocols. Guided by them, members of the appointed commission draw up workplace certification cards for working conditions. There cannot be duplicate numbers among similar documents; each of them is unique. It contains information about the company and, most importantly, the immediate working conditions and their impact on a person’s physical health. Each of the harmful factors is assigned to a specific class. If working conditions are harmful or dangerous, then when working in them, personnel apply for preferential conditions and compensation.

The certification card is filled out for each workplace. But for similar jobs, a few cards are enough. Places are considered similar if:

• inherent in a repeating profession or position;
• the same work processes are carried out;
• similar means of labor are used, for example, identical mechanized machines;
• There are absolutely identical working conditions, for example, the same room, work area.

Therefore, when conducting certification, first of all, working conditions, which may be inherent in several workplaces, are assessed. Examples of similar places include the workplaces of welders, loaders, storekeepers, cooks, confectioners and utility workers.

If the workplaces are identical to each other and are considered similar, then a certification card is drawn up for at least 20% of the workplaces. For example, the company has 20 similar welding jobs, therefore, a certification card must be issued for at least 4 jobs. But in any case, if there are identical jobs, the certification card must be filled out for at least 2 places. For example, if the company has only 3 places identical to each other, the card will need to be filled out for at least 2 places.

Since 2012, those employees whose working conditions, according to the certification card, are recognized as dangerous or harmful, must promptly visit medical institutions and undergo preventive examinations. This is important for monitoring their health. This is evidenced by the order of the Ministry of Health and Social Development of Russia “On approval of lists of harmful and (or) hazardous production factors and work, ... and the Procedure for conducting mandatory preliminary and periodic medical examinations of workers ...” dated April 12, 2011 No. 302n.

Read about the provisions of the Labor Code of the Russian Federation regarding mandatory medical examinations in the article "St. 213 Labor Code of the Russian Federation: questions and answers".

Fines for lack of certification of workplaces

Art. 11 of Law No. 421-FZ introduced a new version of the Code of Administrative Offenses on January 1, 2015. How does this affect employers?

Art. 5.27.1 of the Code of Administrative Offenses establishes a fine for enterprises for lack of certification of workplaces, violation of the rules and procedure for its implementation.

If a violation of labor safety requirements causes serious harm to an employee’s health, the employer will face a fine of 400 thousand rubles. If an employee dies as a result of an accident, the employer faces criminal liability under Article 143 of the Criminal Code of the Russian Federation.

Results

Work area safety remains one of the most important topics for every employee. Although, of course, accidents during the work process can also be caused by the workers themselves due to failure to comply with basic safety rules. Certification of workplaces for working conditions is a set of measures carried out to assess the safety of the work area. During the certification process, harmful and dangerous factors must be detected during production operations. This procedure is the obligation of the employer established by the Labor Code of the Russian Federation.

Certification of workplaces is regulated by federal legislation and internal local acts of the company. The employer does not carry out the certification independently, but is responsible for the very fact of its implementation. Workplace certification is carried out by a third-party independent specialized company.