If the enterprise is large enough, and also with unfavorable working conditions, then a large role is given to the organization of workplaces. To this end, a number of activities are periodically carried out that are designed to identify the impact of harmful conditions on humans and reduce it to a minimum.
Today there are a number of standards that a particular production must comply with. And if you avoid them, not only the staff may suffer. And significant sanctions may be imposed on the enterprise itself.
It is worth noting that the procedure for analyzing the state of workplaces undergoes changes from time to time. The latest global adjustments came into force at the beginning of 2014.
What rules will be used to certify production in 2019?
It is worth noting that today in legislation there is no longer such a thing as “workplace certification”. It was replaced by a special assessment of working conditions. The procedure for its implementation is regulated by Law No. 426-FZ, as well as other by-laws. If we talk about innovations in 2016, then liability will be tightened in relation to those employers who did not conduct an assessment or did so contrary to the established rules.
It is possible that in 2019 representatives of small and medium-sized businesses may be exempt from conducting assessments. In any case, a similar bill has already been submitted to parliament several times. However, for now, assessment will be needed for everyone. If the company had already undergone certification before 2014, then in 2019 this will not be necessary. The thing is that, according to the law we have already mentioned, an enterprise is assessed no more often than once every five years.
If the company does not have harmful or dangerous working conditions, then it will be required to periodically submit the appropriate declaration. For ignoring this requirement, a fine of up to 80 thousand rubles may be imposed. 
The assessment of working conditions must be carried out by an independent organization that has been accredited at the state level in accordance with the established procedure. When a suitable company is selected, a contract is concluded with it. Its terms provide for the creation of a special commission. Its members will be representatives of experts, as well as company management.
In addition, labor protection services, as well as trade unions (if such have been created at the enterprise), must delegate their employees. After signing the contract, work should begin, which provides the following points:
- Analysis of production conditions in terms of their compliance with current legislation and established standards depending on the type of product manufactured;
- Test for compliance with general hygiene rules;
- Level of injury hazard at each specific workplace;
- Providing people with work clothes and, where necessary, special protective equipment.
As a result of the study of these parameters, measures to eliminate the identified violations are determined. In addition, the results of the commission’s work will form the basis of a unified information base, which will be available to users at the beginning of 2019.
If we talk about the documents that are necessary for the assessment, they include:
- order for the company regarding certification;
- an agreement with the organization that will conduct the research;
In addition, the company must have a report on hand that describes general working conditions, as well as identified shortcomings. In addition, it is necessary to list measures designed to eliminate violations. Moreover, they must apply to every workplace. 
Responsibility for lack of workplace certification
Its measures are listed in a number of articles of the Code of Administrative Offenses of the Russian Federation. For example, Article 5.27 states that officials of enterprises may be subject to sanctions in the form of a fine, which can reach up to 5 thousand rubles. In addition, the company itself may be punished with sanctions, the amount of which will reach a limit of 50 thousand rubles.
However, that's not all. If the violation is recorded again, a fine of 70 thousand rubles may be imposed on the company. In addition, officials face removal from their positions for up to three years.
In addition, violations in the work of the certification commission cannot be ruled out. Then the limits of its liability should be spelled out in detail in the contract. Such clauses, first of all, will be in the interests of the enterprise, since it will be able to protect its own interests in the event of a conflict.
When workplace verification is not necessary
First of all, this applies to cases when a company employs one person who is also its founder. The same applies to cases where the majority of employees prefer remote work. It often happens when several people occupy one position in a company at once. Then among them only a fifth of all jobs are subject to inspection. An office tenant represented by one person is also subject to certification, except in cases where his work is not associated with unfavorable working conditions.
In accounting, the concept of “job certification” has changed to “special assessment of working conditions.” But some accounting specialists continue to use the old concept and ask many questions related specifically to the process of certification of workplaces in the current 2016, as well as innovations.
13.10.2015A representative of our state’s Ministry of Labor answers the most popular questions regarding innovations in 2016 in the procedure for special assessment of working conditions, previously called workplace certification.
1. Who should quickly conduct a special assessment of working conditions in 2016?
Most recently, deputies of the State Duma of our state considered a draft law that was directly related to the abolition of a special assessment of working conditions for representatives of medium and small businesses. This bill was soon rejected...
Yes, this is true. The deputies gave the following explanation for their actions: in the event of the cancellation of a special assessment of the working conditions of any organization or individual entrepreneur (by the way, this includes those representatives of this category of business who work with the simplified tax system), they will not be able to take advantage of the discounts applicable to contributions for injuries. This is stated in the relevant document, which deals with compulsory social insurance against accidents at work, as well as various acquired occupational diseases - Federal Law No. 125, dated July 24, 1998, Article No. 22, paragraph 1, paragraph 2. Therefore, everyone Those who keep their accounts according to the simplified tax system must conduct a special assessment of their places of work based on working conditions in order to receive documentary evidence of this certification with its results in hand.
2. When should a special assessment of working conditions be carried out in 2016?
Explain in more detail how such a special assessment is carried out in the current year.
This special assessment procedure is carried out by all employers in our state, without exception. Its procedure can be found in the official document - Federal Law No. 426 dated December 28, 2013, and the methodology was approved by the Ministry of Labor of our state - Order No. 33n dated January 24, 2014. That is, such a procedure for special assessment of working conditions has been carried out since 2014. If employers conducted such certification before the specified date, then such certification results remain valid for five years. This means that they receive a small deferment for this period from carrying out such a procedure (previously it corresponded to order No. 342n of the Ministry of Health and Social Development dated April 26, 2011).
For those who work under a simplified taxation system and do not have such certification results in hand, do they urgently need to carry out a special assessment of jobs in 2016?
According to the adopted general rules that relate to this special assessment, it must be carried out before December 31, 2018. But Federal Law No. 426 (Article No. 10, paragraph 6) lists certain categories of jobs, in the presence of which such certification must be carried out as soon as possible - Federal Law, Law No. 212 of July 24, 2009, Article No. 58.3.
Such workplaces include those where work falls under List No. 1 or List No. 2 - dangerous or harmful working conditions. Therefore, specialists in these professions have the opportunity to take advantage of the right to early retirement, some guarantees and compensation cash payments for direct activities with dangerous or harmful conditions - Federal Law, Law No. 426, Article No. 27, paragraph 6.
It is necessary to note the following: if earlier (before 01/01/2014) similar jobs were already certified with a positive result, then a special assessment will not be carried out this year, since the previous certification results are in force - five years from the date of completion of the certification procedure (Federal Law, Law No. 426, Article No. 27, paragraph 4).
Which jobs are not subject to the special assessment in 2016?
The special assessment procedure does not apply to homeworkers, specialists working remotely, persons who work for employers who are not individual entrepreneurs - Federal Law, Law No. 426, Article No. 3, paragraph 3).
What impact do such certification results have?
These results, obtained after passing the certification of workplaces, have a direct impact on the so-called additional contributions to the state Pension Fund, accrued by employers to their employees of List No. 1 and List No. 2. Their calculation is made on the basis of the class of working conditions that is assigned during the corresponding certification procedure or special assessment. The more harmful the class, the higher the monetary amount of the additional contribution. More details about this can be found in Federal Law No. 167 of December 15, 2001 (Article No. 33.2, clause 2.1), where all tariff rates of additional contributions are stated:
- dangerous class - 8%;
- harmful class - from 2% to 7% (depending on the subclass).
Upon certification and recognition of working conditions for work at an optimal or acceptable level, additional contributions to the Pension Fund by employers for their employees are not deducted - 0%.
3. The procedure for conducting a special assessment of working conditions in 2016.
If we assume that a businessman (organization) has decided to carry out a special procedure for assessing working conditions, where should he start?
You need to start with the following steps:
- a third-party specialized organization is selected (website of the Ministry of Labor akot.rosmintrud.ru/ot/organizations/), engaged in such assessment of jobs, with a staff of at least 5 expert employees;
- It is mandatory to have a certificate for the right to conduct such an assessment;
- higher education of such specialists: doctors in general hygiene, occupational hygiene, sanitary and hygienic laboratory research.
An agreement is concluded with the selected organization to conduct a special assessment of local working conditions.
After concluding the relevant agreement, what should the employer do next?
After the agreement with the inspection organization is concluded, the employer must issue an order to create a special commission directly involved in this inspection, and approve a schedule of work activities for a special assessment - Federal Law, Law No. 426, Article No. 9, paragraph 1). This commission includes the employer, as its head, his representatives (for example, lawyers or heads of departments), a labor protection specialist, a trade union representative (if one works in this company) and experts from the inspection organization with which the contract has been concluded. According to Law No. 426-FZ (Article No. 9, paragraphs 1-3), the number of commission members is an odd number.
If the company being inspected does not have a labor safety specialist on staff, what should the employer do in this case?
In this case, the audited company must attract such a specialist to become a member of the certification commission.
What is the procedure for completing this special assessment?
The certification commission, first of all, approves the list of all workplaces that will be assessed for the class of working conditions. Next, the experts determine this class, and the commission members must approve the final assessment results. The corresponding hazard class is assigned to a workplace if it is recognized as dangerous (or harmful) to the health of the worker himself. In the absence of dangerous (or harmful) factors for work, the employer himself fills out a document such as a declaration of compliance of working conditions with regulatory labor protection requirements, which will be valid for 5 years.
4. Which employer must submit a special assessment declaration in 2016?
As mentioned earlier, the preparation of a declaration for a special assessment should be carried out by all individual entrepreneurs and organizations that carried out this procedure to assess the working conditions for work and did not identify danger or harm, is this true?
Indeed, it is so. This document is filled out according to a specific form - order No. 80n of the Ministry of Labor dated 02/07/2014. If another form is used to fill out, the declaration will be considered invalid.
Is such a declaration submitted if the working conditions are (according to the certification carried out) acceptable or optimal - classes 1 and 2?
In this case, there is no need to submit such a declaration document - letter No. 15-1/B-1157 of the Ministry of Labor dated September 17, 2014.
Within what time frame must a completed declaration with the results of the special assessment be submitted?
The completed declaration for certification of working conditions must be submitted to the local labor inspection body (at the address of residence of the individual entrepreneur or registration of the organization) - order No. 80n of the Ministry of Labor dated 02/07/2014 (clause 3 of the Procedure for conducting the assessment procedure).
What are the deadlines for filing this return in 2016?
This declaration document must be submitted no later than thirty working days from the date of approval by the commission of the report on the results of the special assessment of jobs (Procedure, paragraph 5). In case of late submission of this declaration, Russian legislation provides for a fine: for individual entrepreneurs - from 5 thousand rubles to 10 thousand rubles, for organizations - from 60 thousand rubles to 80 thousand rubles (Administrative Code, article No. 5.27).
How is such a declaration submitted?
The employer can submit this document to the labor inspectorate in person or use postal forwarding services, while enclosing a list of all documents contained in the letter and issuing a notification of delivery of this letter - Procedure, paragraph 3.
That is, if there is a record of harmful (or dangerous) factors affecting the health of workers, the declaration with the results of assessing working conditions is not submitted anywhere?
Right. The organization conducting the certification itself submits all the necessary information about this fact to the local labor inspectorate office. And the declaration is needed to record factual data that some places of work are not dangerous for the workers themselves.
In the case where employees are engaged in home-based work activities, do they need to submit a declaration of special assessment?
As mentioned earlier, special assessments are not carried out for home-based and remotely working employees, so the declaration does not require registration.
If, after carrying out this special assessment of working conditions (within five years of validity of the certification document), one of the workers is diagnosed with an industrial disease or an accident at the workplace is recorded, will the validity of the declaration be interrupted?
Yes, in these cases there will be a need to conduct an unscheduled certification of labor conditions, after which the declaration document is submitted again - Procedure, paragraph 10.
5. In what cases is it not necessary to conduct an expert assessment of working conditions in 2016?
In addition to the general rules for conducting the procedure for assessing working conditions in the workplace, laws also provide for special cases. For example, is this procedure necessary if among the employees there is only a founder, who acts not only as a director, but also as a chief accountant, without drawing up an employment contract?
In such a situation, a company without an employer and employees, without concluded employment contracts, does not need the certification assessment procedure.
In the case where all employees perform home work, but the company has a lease agreement for office space with one workplace, is this special assessment procedure carried out?
Yes, such a procedure is necessary in this situation. The fact that the office is rented does not in any way affect the certification of the workplace itself, which should be assessed according to general rules.
Tell me, at what address of the company is a special assessment carried out for the class of working conditions - physical or legal?
This procedure for special assessment of the working conditions of workplaces should be carried out in those places where the employee’s labor activity itself is carried out. Before the procedure, a special commission must approve a list of all jobs to be assessed. That is, in a situation where the company is registered at one address, and the workers work differently, this procedure is carried out only where the actual location of the employees is recorded - letter No. 15-1/B-724 of the Ministry of Labor dated June 23, 2014.
The following situation: the company carried out certification activities for special assessment of workplaces according to all the rules, but changed its location. Should a repeat special assessment be carried out in this case?
In this case, the results of the first certification will still be valid for 5 years from the date of completion of the relevant procedure. But there are also exception cases described in Federal Law No. 426 (Article No. 17).
In what cases can an unscheduled special assessment of labor conditions at workplaces be carried out?
An example would be a situation where newly organized workplaces are put into operation. Or the basic conditions of the technological process change, equipment is replaced, which affects the level of exposure to hazardous (or harmful) production factors on workers. When new places to work with a change of location have not been created, and the employer does not have any other grounds mentioned above, then a change of address will not be a reason for conducting a repeat special inspection.
If a company employs several managers performing the same work, is a special assessment procedure carried out for a single workplace?
In this case, you need to clarify information about similar places for these employees to work - Federal Law, Law No. 426, Articles No. 9 and No. 16 (clause 1). If this fact is confirmed, a special assessment is carried out in relation to 20% of the total number of jobs - at least 2. After which the certification results are applied to all similar places of work.
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 Russian Ministry of Labor 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 Russian Ministry of Labor 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 include personnel being allowed to work without passing the health and safety rules, ignoring or formally conducting workplace certification.
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:
- to draw up an occupational safety action plan;
- to organize periodic medical examinations;
- to supply workers with personal protective equipment;
- for production certification;
- for calculating compensation, early retirement pension (in hazardous industries) and other benefits;
- 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.
Certification of workplaces based on working conditions has undergone fundamental changes: they affected not only the procedure itself, but also the determination of the amount of insurance contributions to the Social Insurance Fund, based on the data obtained after certification. You will learn about the new rules for conducting a special assessment of working conditions at retail enterprises in 2016 and about penalties for employers who do not fulfill this obligation in our article.
Is it necessary to certify workplaces for working conditions in 2016?
In 2014, the Federal Law came into force No. 426-FZ “On special assessment of working conditions”. This document replaced Order No. 342n of the Ministry of Health and Social Development of the Russian Federation, which approved the Procedure for certifying places based on working conditions. Now, with the introduction of a new law, the name of the procedure has also changed - instead of the usual “certification of workplaces according to working conditions,” a “special assessment of working conditions” is carried out everywhere in all enterprises of our country.
It must be said that the bill, which had been under consideration in the State Duma of our country for a long time, was widely discussed by the public. The bill proposed to cancel the special assessment of working conditions for small and medium-sized businesses. But this initiative was rejected, and legislators justified their decision by the fact that if a special labor assessment is not carried out at small and medium-sized enterprises, then employers will not be able to receive discounts on contributions for injuries, which they are obliged to pay to the Social Insurance Fund in accordance with Federal Law No. 125-FZ “On compulsory social insurance against accidents at work and occupational diseases.”
Why was the certification of workplaces based on working conditions cancelled? Firstly, according to experts, such certification was often considered ineffective and not only could not protect employees of organizations from harmful factors and accidents, but was also carried out by enterprise managers “carelessly” and “for show.” If the enterprise did not carry out certification of workers on working conditions, penalties for such a violation were insignificant, which allowed employers not to attach much importance to the certification. And after certification of workplaces, enterprise employees were allowed to go to their workplaces, which for various reasons did not pass certification.
As for the special assessment of workers’ working conditions, employers now face serious fines for not carrying it out. The procedure itself, the methods for carrying it out, as well as the algorithm for presenting its results to government agencies have also changed. Let's consider these aspects in more detail.
Who should conduct a special assessment of working conditions?
First, let's look at the term “Special assessment of working conditions.” This, according to the Federal Law, is a unified set of measures to identify harmful and dangerous factors in the working environment and the labor process and assess the level of their impact on the employee. When conducting a special assessment, deviations from the actual values of standards, usually hygienic, working conditions are taken into account.
The purpose of the procedure is to determine. if the organization has harmful and dangerous working conditions for workers, does the safety of the company’s workplace meet the requirements of the law. If workplaces with harmful factors are identified, then company employees should receive monetary compensation and benefits. A special assessment of working conditions is mandatory in all enterprises and organizations in our country, regardless of the form of ownership and field of activity - even if it is an LLC where work is performed by employees in the office, then a special assessment must be carried out here too. This requirement also applies to retail and small wholesale trade enterprises.
The procedure for conducting a special assessment of working conditions is spelled out in detail in Federal Law No. 426-FZ, and in addition to the Federal Law there is an order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n, which establishes a number of basic documents that are required to be filled out during the procedure: classifier of hazardous industrial conditions factors, report form for a special assessment, instructions for filling out the report form, methodology for conducting a special assessment. Every employer should familiarize themselves with these documents.
Which enterprises must undergo a special assessment of working conditions in 2016? According to the law, the results of certification of workplaces for working conditions carried out at your company are valid for the next five years. Accordingly, if the certification was carried out before 2014 (before the entry into force of Federal Law No. 426), then you can postpone the special assessment of working conditions and carry out it only after 5 years, but no later than December 31, 2018 - exactly before this date at every enterprise in our country a procedure for special assessment of working conditions must be carried out. Until 2019, there is a so-called “transition period” for employers in the country. But there are also certain conditions under which an organization must undergo a special assessment procedure for working conditions without waiting for the expiration of five years or the onset of 2019. First of all, without waiting for 2019, a special assessment should be carried out by enterprises whose employees are involved in harmful or dangerous working conditions.
There are also categories of workers for whom a special assessment of working conditions does not need to be carried out. These are hired workers or employees of companies who work from home, remotely and remotely, as well as those who have entered into an employment relationship with an individual who is not an individual entrepreneur. As for other companies, a special assessment of working conditions should be carried out for any workplace, including office workers.
Procedure for conducting a special assessment of working conditions
If you are planning to conduct a special assessment of working conditions for the first time in your organization, including at a retail enterprise, you need to know the methodology for conducting a special assessment and the sequence of actions, as well as understand where to start and how to “use” the results of the special assessment in the future.
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Let's start with the fact that the responsibility for conducting, as well as full payment and financing of the procedure for a special assessment of working conditions at the enterprise rests with the employer. And, first of all, to carry out this procedure, the employer must enter into an agreement with a specialized organization that conducts a special assessment of the working conditions of employees.
- Selecting a third-party organization that will conduct a special assessment of your company’s working conditions. This is the first place to start. You need to deal only with certified organizations that have the right to carry out work on a special assessment of working conditions and only with qualified specialists. All organizations that are accredited to carry out the special assessment procedure are entered into a special register, which anyone can familiarize themselves with at website of the Ministry of Labor and Social Protection our country. Today, the register already includes more than two hundred accredited organizations from all regions of the country. Their addresses, full names and other necessary information are also presented there. In general, the third-party organization conducting a special assessment of working conditions must have at least five qualified and accredited experts, one of whom must have a higher education in the field of occupational health. Article 19 of Federal Law No. 426 describes in detail the requirements for an organization conducting a special assessment of working conditions. When conducting certification of an enterprise, the organization’s experts act absolutely independently and only within the framework of the law.
Read also: Work books for micro-enterprises may be canceled - Conclusion of an agreement. Once an organization has been selected to conduct a special labor assessment at your enterprise, you must conclude an agreement with it to conduct a special assessment. As a rule, this is a civil law agreement.
- Creation of a commission to conduct a special assessment of working conditions. In order to carry out the procedure for a special assessment of the working conditions of an organization, its head is obliged to issue an order on the creation of a commission (the number of its members must be odd), an order on the composition of the commission and its activities, and approve a work schedule for the special assessment. The commission must necessarily include representatives of the primary trade union organization, a representative of the employer (for example, for small businesses, this is the head of the organization himself), and a labor protection specialist of the enterprise. If your company does not have a labor protection specialist, then it is necessary to attract a third-party specialist and also enter into a civil law agreement with him. The commission also includes a specialist from a third-party organization that conducts a special assessment of working conditions.
- Approval of the list of places for special assessment. The list of places must be approved before the start of the special assessment procedure for working conditions. Next, experts from the organization conducting a special assessment of working conditions determine the class of working conditions for each workplace of the company. The results of the special assessment are approved by the commission. For harmful and dangerous working conditions, experts must assign a certain hazard class. In the event that specialists do not detect harmful or dangerous production factors at the workplace of an enterprise, the working conditions are considered acceptable and studies of harmful factors are not carried out. If harmful factors in the workplace are identified, measurements of their level will have to be carried out without fail. If hazardous factors are not identified by the organization’s specialists, the employer is obliged to fill out and submit a declaration of compliance of working conditions with regulatory labor protection requirements.
- Generating a report. After the special assessment procedure is completed, the organization’s specialists must generate a special report consisting of a list of jobs subject to certification, an order to create a commission, all information about the third-party organization performing the special assessment, a schedule for conducting the special assessment, a certification card, a table reflecting classes working conditions, statements of the results of a special assessment, minutes of a commission meeting, an action plan to improve working conditions in the organization, expert opinions.
Declaration of compliance with working conditions
If dangerous or harmful working conditions for workers are not identified at your enterprise, you must submit a completed declaration of compliance of working conditions with state regulatory labor protection requirements to the territorial Labor Inspectorate. This document will be valid for five years. That is, all enterprises in which a special assessment of working conditions was carried out and harmful factors affecting the lives and health of citizens were not identified must submit a declaration. The declaration form was approved by Order of the Ministry of Labor of Russia dated 02/07/2014 No. 80n. The declaration must be submitted to the labor inspectorate no later than a month after the report on the special assessment of working conditions is approved. If the declaration is not filed, then a fine may be imposed on the employer in accordance with the Code of the Russian Federation on Administrative Violations. The declaration can be sent to the labor inspectorate by mail.