What is the certification of workers. Special assessment of working conditions (sout). Potential fines and other sanctions

Places on working conditions, taking into account the innovations adopted in 2015, received some major changes. The employer must become familiar with all the provisions required for a special assessment of workplaces.

This is how the set of measures began to be called, which summarizes the analysis of the working conditions of the personnel.

New in workplace certification for working conditions in 2020

The purpose of the current procedure is to evaluate the existing ones.

You can understand the innovations that relate to the comprehensive analysis after reading Federal Law No. 426-FZ "On Special Assessment of Working Conditions".

The main changes concern:

1. Methods for making changes. This requires a clear definition of performers and rules for assessing biological factors.
2. Administrative responsibility for late execution of the procedure.

During 2015, at the legislative level, the issue of canceling a complex of assessment measures for some categories of small and medium-sized businesses was resolved. This provision did not find support from legislators, and will need to be implemented in 2020.

The exception will be companies that have effective results after holding the company until 2014.

By whom and when the certification is carried out

To conduct a comprehensive analysis of places of work, a special commission is created.

The composition is formed from the following category of specialists:

1. An enterprise specialist in the field of labor protection.
2. Representative of the employer, competent in current production issues.
3. Representatives of the trade union organization of the enterprise.
4. Authorized person of the certifying organization.

The involvement of a representative of the attesting company is mandatory. Even if dangerous factors and hazards are identified that can be recorded on their own, the results cannot be recognized as legitimate.

The certifying company undergoes mandatory accreditation, which confirms the possession of the methods for performing the procedure in the prescribed manner.

Workplace certification has not changed and is 5 years. Previous companies date back to 2009 and 2014.

However, when creating new jobs, the law establishes a period of 60 working days from the date of commencement of operation until the moment of a special analysis of this place.

In case of improvement of working conditions at the workplace, the employer can conduct an extraordinary company to assess the place of work. According to the changed procedure, even if there are recognized results of the assessment of the workplace, if there is labor, a repeated procedure will be required.

Find out what a special assessment of working conditions is from the video.

The procedure for certification of workplaces in 2020, paperwork

To carry out control actions as part of a comprehensive assessment of jobs, it will be necessary to carry out some organizational measures:

1. Create a commission for attestation.
   The document defines the composition of the governing board.
2. Schedule of the event.
   The deadlines for the completion of actions are set on the basis of a separate document signed by the head.
3. Agreement with the certification organization.
   When concluding a contract, the main rule determines the independence of the employer and the invited organization.

A comprehensive examination of the place of work provides for an objective assessment of the state of working conditions. The employer provides all the primary documentation, provides unhindered access to each production site.

The established procedure for attestation provides for the successive stages of the procedure being carried out:

1. Jobs are determined that are subject to a comprehensive assessment, including on the basis of List No. 1 and List No. 2.
2. The active hazardous or harmful factors are highlighted.
   Their quantitative or qualitative assessment, assessment of compliance with the established standards is carried out.
3. An analysis of auxiliary factors is carried out - the provision of overalls and protective equipment for workers.
4. A final document is drawn up, which allows one to draw a conclusion about the production conditions, and, if necessary, determine the types of compensation or benefits.

The results of a comprehensive assessment for individual places are determined on the basis of the final document, which takes into account:

• • initial documents for the start of a set of activities;
  • list of jobs for research;

• objective information about the certifying organization;
• a comprehensive assessment card for each job;
• consolidated documents for all workplaces, including a table by hazard classes, assigned types of compensation;
• the final document of the meeting of the certification commission, indicating comments and suggestions based on the results of the completed work;
• an approved action plan to improve working conditions for individual workplaces;
• conclusion based on the state examination of the conducted comprehensive assessment.

The results of the measures taken are mandatory for the employer of any form of ownership in a timely manner.

Penalties for lack of certification

Changes in the Administrative Code provide for two types of liability for non-compliance with the established Law on a comprehensive assessment of working conditions.

Untimely scheduled (or extraordinary) certification is punished; it provides for a fine of up to 30 thousand rubles, or suspension of the company's activities for a period of 1 to 3 months.

In addition, a punishment is provided for incorrect certification, where an official will be punished in the amount of 5 to 10 thousand rubles, and a legal entity - up to 80 thousand.

Responsibility is provided for the maintenance of workplaces in an unsatisfactory condition. An official is fined from 20 to 30 times the minimum wage, and for a legal entity from 200 to 300 equivalent amounts.

It is in the interests of the employer to ensure the fulfillment of the established regulatory parameters for each harmful factor, with the exception of those places that are included in the aforementioned Lists No. 1 and No. 2.

When determining measures for a qualitative change in working conditions, they are also implemented for work in full. After all, the punishment for evading the implementation of measures can even lead to the suspension of activities for up to 3 years when re-fixing them.

Who can not pass the workplace certification

There are few cases when a complex procedure for a comprehensive analysis of working conditions is not required. This mainly applies to small businesses.

In the case of employment in work of only one person, when an employment contract is not drawn up. Accordingly, there is no need to assess the workplace either.

However, when renting an office where there is at least one workplace, certification will be required.

When working in a company of remote workers, there is also no need to analyze their workplace. Here the number of employees does not matter.

You can save a little on the performance of certification if there are several similar places with the same type of working conditions.

There is no need to inspect each workplace.

It is only important to take into account two restrictions:

• the analysis is carried out for 20% of the available such jobs;
• the number of places for a comprehensive assessment cannot be less than two.

In order to prevent violations in determining the scope of work, you need to confirm their number in accordance with the staffing table for the enterprise.

Compliance with the established procedure and the timing of a comprehensive analysis of workplaces will make it possible to establish legal types of compensation and benefits for all categories of workers, and develop measures to improve working conditions.

The payment of an administrative penalty for untimely implementation of a set of measures is often larger than the funds required to improve working conditions.

You can learn more about the special assessment of working conditions from the video.

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Hello! In this article, we will look at the procedure for certification of workplaces for working conditions.

Today you will learn:

1. What is certification, what is the procedure and stages of its implementation;
2. What are the timing and validity period;
3. What's new in 2019;
4. Where research results can come in handy and which firms are doing it.

Certification what it is

This concept is from the section of labor legislation. Indicates the identification of the compliance of the environment and other factors at the place of work of a person, labor protection standards, for harmful and hazardous indicators.

Upon detection of these factors, the employer is obliged to develop an algorithm of actions to approximate working conditions in accordance with these standards.

The phrase “workplace certification” was actively used until 2013, and in 2014 the definition of “special assessment” was replaced.

The concept itself and the rules for its implementation are supported by Federal Law No. 426 of December 28, 2013. The main thing in this action is a set of techniques for detecting and assessing the harmfulness and danger of production indicators and the degree of their influence on human health.

Why do you need certification and is it necessary at all? This procedure is carried out to separate all production factors according to the degree of negative impact on human health into classes and subclasses.

This division plays a big role in the lives of many workers. Employees engaged in the labor process with negative working conditions can count on a reduction in their length of service for assigning a pension and receiving benefits.

Certification allows you to give a complete assessment of each workplace from several sides, its goals:

1. Assess the degree and level of how factors of the working environment affect a person.
2. Reveal the severity and intensity of individual production cycles on the health status of the employee.
3. Determine the level of injury and its safety.
4. Determine the provision of each employee with overalls for life-threatening jobs.

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

Who is subject to a special assessment of working conditions

Special certification of workplaces applies to all categories of employers.

These include:

• regardless of the type of property;
• Commercial firms;
• Budgetary institutions;
• having at least one employee in the staff.

Only individual entrepreneurs who do not have employees, as well as individuals who have civilian power, but do not properly formalize them, are not subject to such a procedure.

Payment to specialists conducting certification is made only from the accounts of enterprises and institutions that have undergone such verification, which is stipulated in the Labor Code, art. 212.

The procedure for attestation of workplaces

The process of determining the level of hazardousness of labor can be carried out in several ways:

1. It is carried out only at the expense of the employer. Large enterprises can do this.
2. The whole series of works is carried out by a third-party company, in the competence of which certification of workplaces. It must be certified and licensed accordingly.
3. Conducted by joint efforts. Financial and preparatory work is carried out by specialists of the auditee, and measurements are carried out by a third-party firm.

All of these works are regulated by the "Regulations on the rules for the certification" adopted by the Ministry of Labor and Social. development of the Russian Federation and entered into force on 01.07.1997. The amendments were made only on September 1, 2008.

The whole process of special appraisal can be represented in several stages:

1. Preparation for the assessment work.
2. The main one, which consists in the verification itself.
3. Final, 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.

Training

The head of the institution, which is subject to a special assessment of the workers, appoints his employee as the chairman of the commission. He, in turn, picks up a team for himself. Basically, a person responsible for occupational safety at work is appointed to the position of the chairman, this may be an occupational safety (OS) engineer.

In any company or organization, the certification commission includes:

• OT Engineer;
• Human Resources Officer;
• Mechanic;
• Electrician or power engineer;
• Payroll Accountant;
• Honey. worker;
• Member of a trade union organization;
• Technologist.

The number of people can be determined individually, such a rule is not stipulated in the normative acts on the assessment of conditions.

Such a composition can be observed in small institutions, and in large companies such commissions should be present in all separate divisions with a central commission at the head.

Each list of employees for certification of workplaces is approved by an order for the main activity, indicating the full name, positions of the chairman and members of the commission, as well as the timing of the audit.

All representatives are trained. To do this, the chairman must invite a specialist from the regional organization on labor protection to conduct methodological lessons. The workshop can last for two days.

The next action on the part of the commission is to develop a schedule of events. At this stage, the timing and stages of certification are determined with an indication of the authorized persons.

Further, a list of workplaces that are assessed is determined, indicating the harmful and hazardous factors for the main measurements. When compiling the register, employees rely on the General Classifier of Occupations, and identify the types of work that are most susceptible to the negative impact of factors.

Mainly refer to complaints from employees, for example, lack of ventilation in the room, vibration, loud noise.

The documentary registration of the list is presented in the form of a table and plays an important role in the general certification procedure, since it sets the scope of all certification work.

And the last step of this stage is the collection and systematization of complete information about each workplace, its environmental factors, as well as the preparation of a regulatory framework that regulates a special assessment of the risk of injury to a person and the provision of personal protective equipment (PPE).

The main stage

Certification is aimed at identifying the compliance of work factors with state labor standards in a number of areas:

• Compliance with hygiene standards;
• Danger of injury in the workplace;
• The workers have protective clothing, gloves, boots, respirators, glasses;
• Comprehensive assessment of all conditions.

The assessment, according to hygienic criteria, takes into account all dangerous and harmful factors, severity, tension. It can also be biological, physical, chemical factors. It is carried out with special measuring instruments. The results revealed as a result of measurements are drawn up in a protocol.

The protocol includes the following data:

1. Measurement date.
2. An indication of the unit being evaluated.
3. The name of the measuring instruments.
4. The name of the factor being measured.
5. A drawing of the room in which the measurements were taken, indicating the exact location.
6. The standard value of the measured factor for further comparison.
7. Autograph of the person responsible for the measurement.
8. Seal and signatures of employees of a third-party organization, if one is involved.

Measuring devices are owned only by specialized firms, and the risk of injury is checked by specialists of their own commission.

When assessing injuries, power, machines, accessories and working tools, overalls, timeliness of briefing, as well as their compliance with regulatory standards and the availability of safety certificates for automated mechanisms are checked.

When assessing PPE, the correctness and full provision of them to workers at each workplace is checked. Before assessing the availability of PPE, the commission must study and draw up protocols for the above steps in order to determine what funds must be available at the enterprise and whether they are fully available.

The outputs of the job appraisals should be recorded. On the basis of the data obtained, and comparing them with the standards, the class, subclass of the difficulty of being in the workplace, the hazard class, and the compliance of the workplace with safety standards are determined.

All research results are recorded in a special map, on the basis of which an action plan to improve the climate in the workplace is developed.

Certification card

The map is a final document that confirms the actual position at each certified site, the current benefits and compensations for employed people, the norms for issuing PPE, a number of measures to eliminate or minimize undesirable performance indicators.

With the help of the assessment document, places are identified that did not pass the assessment, that is, they do not meet safety standards, a list of poor performance indicators in production is determined, which are subsequently used when applying for a position in order to convey to the person the conditions of future work.

Final

Assumes the preparation of output documents:

1. Register of workplaces with the results of checks separately by structural units and in a complex, indicating the number of employees and their provision with overalls.
2. Protocols of compliance with various OT requirements.
3. Work plan to eliminate the identified violations.

All documents must be signed by members of the commission and the chairman. The certification results should be reported to the whole team, with the publicity of the deadlines. The results of such verification are stored for 45 years and are strictly reporting forms.

What works should be certified

Mandatory assessment is carried out for compliance with safety standards when using manual mechanisms, automated devices and equipment that may be exposed to harmful and dangerous factors.

Such criteria do not apply to a special assessment of working conditions, it has no restrictions. That is, it is carried out regardless of the above indicators.

Until 2014, teleworkers or homeworkers were subject to certification. And what about office workers. Today, Law 426 provides for the assessment of the workplace of an office worker on a general basis.

Terms of certification

According to the rules of compulsory certification, a check for the belonging of working conditions to safety standards is carried out every 5 years. But there are times when an unscheduled check is coming, which can be carried out ahead of time.

1. An unscheduled revaluation may be associated with the commissioning of new production facilities, which leads to the attraction of a new workforce, a change in production technology and the emergence of new working factors.
2. Another point for an unscheduled inspection may be the onset of an accident or occupational disease, which are obtained in the presence of harmful and dangerous factors.
3. At the request of the labor inspectorate.
4. At the request of workers and union representatives of the organization.

In general, the validity period of the certification is on average five years.

2019 innovations

A radical change took place in 2014. According to the law, the name of the procedure has changed. Earlier certification of workplaces, now the concept of a special assessment of working conditions is used.

Since 2015, all employers have been obliged to report on a special assessment to the FSS authorities to assign a class of conditions, which is necessary for submitting reports to the PFR authorities.

Those organizations that passed certification earlier than 2017 must re-certification until December 31, 2018.

According to the letter of the Ministry of Labor of the Russian Federation, such certification should be considered invalid and at present it is necessary to undergo a special assessment of working conditions for compliance with hygiene and injury safety standards.

However, not all companies were quick to meet the requirements of the Federal Law on time. Information about violators is currently summarized in electronic format and is on the analytical review of inspectors from the Prosecutor's Office of the Russian Federation and the State Labor Inspectorate, which will allow, in the future, to apply penalties to entrepreneurs without leaving the "place".

The fines are now substantial:

If an accident occurs at the workplace, and the special assessment was not carried out, then the employer becomes guilty and is subject to a fine of up to 400,000 rubles. A more deplorable result may come, this is imprisonment or the appointment of forced labor.

In any case, certification of workplaces for working conditions should be carried out.

Where are the results of certification used?

As already noted, the results of the special assessment since 2015 are reflected in the report of the social insurance fund in the form. The FSS specialists decided to raise or make a discount on the injury tax percentage.

This column, which reflects the number of workplaces that have passed the hazard and hazard testing, has so far been named as certification of the organization's workplaces, but it is only a matter of time, it may be renamed into a special assessment.

For the pension fund, these results also play an important role. There is a table of classes and subclasses of conditions, according to which insurance premiums are charged on the wages of wreckers for add. tariff. The rate can vary from 0 to 8%.

Employees for whom the accountants submit to the FIU the list of names indicating the benefits for each employee can retire early.

for instance, boiler operators (stokers), electric and gas welders, and other professions according to the certification of workplaces.

According to the established categories, the employer is obliged to conduct regular medical examinations of his workers, improve the quality of their work by introducing new PPE, and provide them with benefits.

Organizations licensed to carry out certification of workplaces

In Russia, in each region there are organizations that specialize in conducting a special assessment. They can check in full, but they can only take measurements. Who conducts certification of workplaces in Russia?

For example, in Moscow and the Moscow region there are about 94 such firms.

Among them are the most popular ones:

• ATON ECO-safety and labor protection;
• SOCRON;
• Service of certification of workplaces and labor protection;
• Technometer LLC.

And this is not the whole list. The most common company on the market for such services, OOO Glavpromexpertiza, has the most optimal conditions. It has established itself not only in the Moscow region, but also in other regions of the country. The activity has been carried out for 15 years. The main advantage is the low cost of certification of workplaces, the latest measuring equipment, qualified specialists in their field with higher education.

The company "Martis" produces a full range of services for the assessment of labor. Capable of conducting microbiological tests. Low prices and a constant system of discounts for services attract more and more organizations. Serves the city of St. Petersburg and the surrounding regions.

LLC "AKTSOT" this company has established itself in the labor appraisal services market in the Altai Territory. This is a very popular company, it implements a flexible approach to each organization, that is, it can adapt to any conditions for certification, will conduct an assessment as soon as possible with minimal documentary red tape.

To choose the most suitable company, you need to study in detail the full information about the company, reviews, certification documents.

Relatively recently, there have been changes in domestic legislation regarding labor protection at enterprises. From 01.01.2014 came into force, which replaced the procedure for attestation of workplaces (AWP) with a special assessment of working conditions (SOUT).

What is AWP

By and large, this is the same procedure for special appraisal of jobs. But the procedure and timing of certification of workplaces for working conditions was determined not by the federal law, but by the Order of the Ministry of Health of 04/26/2011 No. 342n.

The certification was also carried out by the employer with the involvement of a special organization, a commission was also formed, hazard classes were determined and a report was drawn up. The term of certification of workplaces is comparable to the timing of a special assessment of working conditions. That is, fundamentally, although SOUT actually replaced the AWP, the functions and tasks remain the same:

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

The innovations are:

1. A procedure or stage for identifying harmful and hazardous factors in the working environment. The methodology for carrying out this procedure was approved by Order of the Ministry of Labor dated 01.24.2014 No. 33n.
2. Submission of a declaration of compliance of working conditions with state regulatory requirements to labor protection conditions in the absence (non-identification) of harmful or hazardous production factors.
3. The identification of harmful and dangerous factors of the working environment is now carried out not at all workplaces. The list of workplaces where the identification stage is not carried out is specified in clause 6 of article 10 of Federal Law No. 426-FZ of 28.12.2013.

These innovations did not in any way affect the timing of certification of workplaces or a special assessment of working conditions. The terms are still determined by the employer - the normative document on the organization of SOUT.

In addition to changes in the very procedure for conducting AWPs, with the adoption of the SAWS, amendments were made to the legislation.

Labor legislation

Previously, workers employed in hazardous (regardless of the hazard class) and hazardous working conditions were supposed to:

• annual additional paid leave;
• surcharges;
• shortened working week.

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

• hazard class 3.1 - only additional payments;
• hazard class 3.2 - additional payments and additional annual paid leave;
• hazard class 3.3, 3.4 and 4 - additional payments, vacation and a shorter working week.

Administrative legislation

Introduced in, providing for liability for violations of the procedure for organizing and conducting SAUT and the issuance of personal protective equipment to workers. New fines have also been introduced - from a warning or 5,000 rubles for officials to 80,000 rubles for the first violation, and for repeated ones - from 30,000 to 200,000 rubles or administrative suspension of activities for up to 90 days.

Pension legislation

Now, in the periods of work, which gives the right to the early appointment of an old-age pension, the length of service that corresponded to the harmful or dangerous one, established by the results of a special assessment of working conditions, is counted.

Frequency of carrying out

As in the case of SOUT, the frequency of certification of workplaces for working conditions was 5 years.

The provisions of clause 4 of Article 27 of Federal Law No. 426-FZ stipulate that if an organization has conducted an AWP before the entry into force of the said Federal Law, it is allowed not to carry out the SAWT within five years from the date of completion of the AWP. But if circumstances arise for which it is necessary to conduct an unscheduled SAUT, a special assessment will have to be carried out without waiting for the end of the planned period.

The employer decides how often the certification of workplaces or SOUT is carried out: at least annually. But at least once every 5 years and every time when conditions arise that oblige the employer to carry out an unscheduled SAWS.

The grounds for the unscheduled SAWS remained the same as for the automated workplace, with the exception of a new independent circumstance in the form of an industrial accident. A complete list of grounds for an unscheduled SAUT is specified in Article 17 of Federal Law No. 426-FZ.

Price

In 2020, the cost of certification of workplaces (SOUT) is still determined by several parameters:

1. Price of an agreement with an organization that directly conducts SOUT. The price usually includes:
   • cost of research and measurements;
   • use of special equipment;
   • travel of third-party specialists, etc.
2. Costs based on the results of certification and rationalization of workplaces:
   • if hazard and hazard classes are established, additional contributions to the Pension Fund, allowances and compensation for employees will be required;
   • acquisition of new or modernization of existing means of collective and individual protection;
   • replacement of production equipment, optimization of its placement, etc.
3. Penalties for the lack of certification of workplaces or untimely implementation of the SAWS (the results of the automated workstation can be disputed and recognized as untrue). When choosing an organization, pay attention to its statutory documents (OKPD2 code for certification of workplaces - 71.20.19.130), information about it must be present in the register of organizations conducting SOUT.

The regional factor also affects the cost of certification of workplaces for working conditions: prices in Moscow and Syktyvkar differ.

Penalties

In 2020, the question of whether certification of workplaces is mandatory or not is easy to answer: it should be, if a special assessment was not carried out. The amount of fines for the absence of AWP or SOUT is:

Post-event documents

Based on the results of the SOUT, the organization that directly carried out the special assessment draws up a report, the employer approves it. The report is a multi-page and voluminous document, the form of which is approved by Appendix No. 3 to the Order of the Ministry of Labor dated 01.24.2014 No. 33n.

For the employer, the entire report is important, but the most interesting for the employee is the third section of the report or SOUT - the map itself.

The map contains various information, but the most interesting are the information:

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

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

Certification of workplaces is a set of activities that are carried out by a specialized company in order to monitor the state of workplaces at the enterprise. The new control procedure was adopted in 2011. Changes affected the list of companies subject to assessment: if earlier only enterprises that a priori had harmful conditions were subjected to it, today the certification of workplaces is supposed to be carried out by office companies, educational and children's institutions, which were not previously subject to certification.

Why do you need certification?

(AWP) is necessary, first of all, because this procedure is established by law. Secondly, it is needed by the employer, as a person responsible for the observance of the norms of maintaining workplaces in proper order and the health of workers. The need for an automated workstation is based on the requirements for the management of enterprises:

• comply with the law;
• monitor working conditions;
• substantiate the provision of benefits to personnel engaged in hazardous production and the appointment of preferential pensions to employees;
• avoid unreasonable financial costs for labor protection;
• exclude claims from the regulatory authorities about the inappropriate state of the workplace.

Certification measures allow the employer to improve the working conditions of the labor collective and save money. Information based on the results of the assessment is reflected in the AWP cards. Information about the state of RM can become the basis for the FSS to reduce the employer's contribution to social insurance.

The positive results of certification become the basis for the provision of discounts on contributions to the FIU. Their size will depend on which class is assigned to the workplace.

The legislative framework

The procedure for monitoring the state of RM is set out in the legislative acts of the Russian Federation:

• ФЗ No 426
• Order of the Ministry of Labor No. 33n

Checking the state of working conditions in any organization for deviations from the norms of the law significantly adds to the hassle of the head, but it is he who should be interested in the comprehensive implementation of the AWP and its positive outcome, since the benefits from this are much greater than the problems.

The frequency of the AWP

The state of working conditions at workplaces should be monitored every 5 years... From the moment the order is issued on the completion and results of the next certification, the countdown of the next period begins.

If changes have occurred at the enterprise, then the AWP is made ahead of schedule. The certification must be organized and carried out within 60 days after the manager notifies the labor inspectorate of the following points:

• technological processes have changed;
• new equipment has been installed;
• the production area increased or decreased.

An extraordinary assessment can be initiated by state bodies supervising the state of labor protection, if they identify violations of its conduct, or do not meet the deadlines.

Order of conduct

Certification of workplaces is carried out in a certain sequence.

Workstation stages:

1. Identification of jobs for assessment. You can download a sample list of PMs that are subject to certification.
2. Selection of a certifying company and conclusion of a work contract.
3. Publication of a local certificate of certification.
4. Familiarization of personnel with the order.
5. Conducting AWP.
6. Registration of documentation: protocols of the conducted research, workstation maps.
7. Drawing up a list of measures to improve working conditions.

Further actions are carried out by the management of the organization according to the plan.

All employees subject to certification must familiarize themselves with the order of the head to conduct an automated workstation and sign it.

A month before the start of certification, the management approves the control schedule and brings it to the attention of the labor collective.

When drawing up an employment contract, it is recommended to include an item on certification in it - this is a mandatory requirement for its content. If the employee refuses to take part in the AWP, then this fact becomes an additional argument not in his favor: the employer may refuse to hire.

Attestation order

The primary document that is issued at the enterprise for the period of the AWP is an order. The legislation does not provide for a standard format for this local act; each company draws up it in its own form, on its own letterhead. Key points:

1. Cap: name of the company, full name of the founder.
2. Date of publication, locality.
3. The name of the order.
4. Preamble: on the basis of what legislative norms the certification is made.
5. The main positions of the content: on the creation of a commission, on the distribution of responsibilities within it, on the timing and time of the certification period.
6. List of jobs to be assessed.
7. Categories of workers who are exempted from certification with an indication of the reasons and reference to legislative acts.
8. Employer's signature.

The employer is obliged to familiarize the personnel with the assessment criteria, a description of the system for assessing the conformity of employees to their positions based on the results of the AWP. This item can be included in the order or attached to it as a separate attachment.

Who conducts the certification?

A commission is created to conduct AWP. It includes employees of a special certification body, which has a certificate of accreditation for this type of activity. The employer chooses an organization independently, concludes an agreement with it for the provision of services, pays for them.

The employer's functions include organizing the process in accordance with the established schedule, delivering the commission at the specified time to the enterprise. All attestation actions and paperwork are carried out by the commission independently. The commission includes a representative of the trade union committee of the enterprise to ensure the rights of workers.

Organization requirements which certifies workplaces:

1. A record that the assessment of RM is its main activity.
2. Availability of our own officially accredited laboratory.
3. The personnel have certificates of admission to the assessment of working conditions.
4. The presence of a sanitary doctor on the staff.

Workplaces in which harmful factors were found during the study are additionally investigated using complex laboratory methods. After that, they are assigned a category by state: optimal, acceptable, harmful or dangerous.

Is certification of workplaces mandatory?

AWP once every 5 years at any enterprise is a mandatory procedure established by law. This does not depend on the form of its ownership and the taxation procedure, since under any circumstances the employer must guarantee to provide employees with proper working conditions. The attestation procedure is designed to assess how they comply with legal regulations.

The commission assesses the RM according to the criteria: noise level, vibration, microclimate, work severity and intensity, the presence of ionizing radiation, chemical and biological parameters. All indicators have an impact on the health of personnel if the norm is not respected.

Workplace attestation card

In the course of the workplace control procedure, the commission fills out a workplace certification card. The AWP map is a document that displays data on working conditions and the results of the check:

1. An indication of PMs that do not comply with the standards. If the indicators deviate significantly from the established norms, then the commission makes a decision to ban the use of RM. The employer is fined.
2. Drawing up an action plan to improve the existing working conditions, which are aimed at eliminating the identified violations.
3. Justification for the provision of benefits for employees of the enterprise. If the commission notes in the AWP card that the working conditions do not meet the standards, then it makes a recommendation to the management to assign additional payments or compensations to the personnel.

Control of their implementation is entrusted to the Labor Inspectorate. If the employer does not respond to the remark in the card, then the employee can apply there with a complaint or with a statement of claim to the court.

When applying for a job, it is necessary to familiarize a potential employee with the content of the AWP card in order to have an idea of ​​the state of his future workplace.

The card is kept by the company until the next certification. The labor protection service has the ability to track on the map whether the working conditions have changed in the direction of improving over time. The format of the document is an official form on several sheets.

Cost and timing of AWP

The cost of a workstation is not static, it is different for different enterprises and depends on specific conditions:

• the area of ​​the investigated territory;
• the degree of harmfulness of factors that have a negative impact on employees;
• equipment and materials used by the commission;
• the number of examined RMs;
• their territorial location.

To determine a more accurate figure, the employer must send a preliminary application to the certification body indicating the necessary parameters of the workplaces that are planned to be inspected. The organization considers the application within a maximum of 2 days, calculates the cost of the work.

After agreeing on financial issues, an agreement is concluded between the employer and the contractor on the performance of the assessment. The timing of the AWP depends on the amount of work, therefore, they are also discussed by the parties individually.

Who can not pass the certification?

From 01/01/14, Federal Law No. 426 began to operate, which covers all the issues of certification or, as the procedure is now called, - the assessment of working conditions. There have been changes that have affected some of the certification issues:

1. Determination of the performers of the assessment. If earlier it was possible to produce AWPs on our own, today this responsibility is assigned to specialized organizations.
2. Rules for the assessment of biological factors. The number of evaluation criteria has been added.
3. Responsibility for violation of the terms of the assessment. The punishment of employers for non-compliance with the law has been toughened.

For a long time, the issue of canceling the comprehensive assessment of some small and medium-sized businesses has not been finally resolved. Supporters of the abolition of certification for some types of production did not find support from legislators, therefore, according to the amendments to the law, everyone must pass certification. Small businesses, where one person is employed in the work, and a contract of employment is not drawn up with him, do not go through the AWP. For example, this applies to individual entrepreneurs, when the business owner himself performs the necessary work.

Responsibility for not carrying out certification

Refusal to carry out certification is a violation of the law. In accordance with the Code of Administrative Offenses, the employer is considered guilty, and, as an official responsible for the enterprise entrusted to him, is subject to administrative punishment:

Certification of workplaces (video)

This video tells about the changes in the legislation regarding the automated workplace, as well as about who and when should carry out the certification, what the timing and frequency of this event, etc.

Inspection of workplaces is carried out by the prosecutor's office or the labor inspectorate. In addition to monetary fines, inspectors can issue an order to the violators to eliminate violations or release the manager from his post.

The certification of workplaces is aimed at preventing accidents at work and occupational diseases of the company's employees, as well as at implementing measures to maintain working conditions in accordance with national regulatory requirements.

Tasks of workplace certification:

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

According to the Labor Code of the Russian Federation, the Federal Law on Certification of Workplaces, Order of the Ministry of Health No. 342n, employers and organizations are obliged to carry out appropriate checks and provide their subordinates with safe working conditions.

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

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

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

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

• Article 8. The institution that conducts the certification;
• Article 9. Preparation for conducting;
• Article 10. Authentication of potentially harmful and harmful factors;
• Article 11. Proclamation of the conformity of working conditions;
• Article 12. Research and measurement of working conditions;
• Article 13. Harmful and detrimental factors of the working environment and labor order;
• Article 14. Types of conditions;
• Article 15. Results of the certification;
• Article 16. Features of the certification;
• Article 17. Implementation of an unscheduled inspection;
• Article 18. Federal state information system of accounting.

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

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

Chapter four(Art 25-28). Final provisions of the law. Regulates:

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

Until the end of 2013, the certification procedure was carried out in accordance with the Order of the Ministry of Health dated 26.04.2011 No. 342n. However, a new Order of the Ministry of Labor of 12.12.2012 No. 590n was developed, which also entered into force on January 1, 2014.

The procedure for attestation by law

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

The procedure for conducting certification according to the law is as follows:

• establish jobs that may be subject to overall assessment, including List # 1 and List # 2;
• harmful and detrimental factors are determined;
• an overview of the auxiliary factors is carried out, namely, guaranteeing the availability of overalls and protective equipment for employees;
• a final document is drawn up, allowing to draw a conclusion about the production conditions, and, if necessary, establish the types of compulsory benefits and compensations.

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

Changes in the law

The main change was not only the change in the law, the procedure for carrying out the procedure was significantly changed. And also the responsibility for non-compliance with the norms and requirements established by the legislation of Russia was tightened. The latest amendments to Federal Law No. 426-FZ of 28.12.2013 "On Special Assessment of Working Conditions" were adopted by the State Duma on May 1, 2016.

In the new version of the law, the following articles should be highlighted:

Article 10.

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

Part 7 of Article 14

State in the following wording: "By agreement with the federal executive service, which performs the functions of organizing and implementing federal state sanitary and hygienic control, it is allowed to reduce the class and (or) subclass of working conditions by more than 1 step."

Article 17.

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

Article 18 of Law No. 426

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

The main provisions of the new law establish that the assessment of the harmfulness of working conditions is carried out at all workplaces, including places with computers and office equipment. The class of hazard and (or) harmfulness is assigned without fail.

Download the law on certification of workplaces

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