Is it possible to change the certification schedule. On the procedure for training and certification of employees of organizations supervised by the federal service for environmental, technological and nuclear supervision

General rules, according to which it would be possible to determine the frequency of performance appraisal of employees, Labor Code RF does not contain. At the same time, the provisions of the code in relation to employees of certain professional fields are supplemented by the provisions of special laws or regulations. For example:

• on general rule certification of police officers is carried out once every 4 years (clause 2 of the order of the Ministry of Internal Affairs of Russia “On the procedure for conducting ...” dated 14.03.2012 No. 170);
• certification of workers of emergency rescue services is carried out once every 3 years (clause 4 of the Decree of the Government of the Russian Federation “On Certain Issues ...” dated December 22, 2011 No. 1091), etc.

When there are no legislative requirements, organizations can independently determine the timing of the certification of employees.

Download a sample certification schedule

A unified / standard form of the certification schedule has not been approved, therefore, the employer has the right to independently determine the form and composition of the information entered into the schedule. The exception is some state organizations for which sample schedules are approved by the competent authorities (for example, for police officers, etc.).

One of the most convenient and common options is the presentation of information in a tabular form. In this case, the standard composition of information is as follows:

• name of the department;
• F. I. O. of the attested person;
• the position of the certified person;
• date of certification;
• form of certification for a particular employee;
• date of submission of the review/characteristics to the attestation commission;
• Full name and position of the person responsible for preparing the review/characteristics.

The form must contain a mark on the approval of the schedule by the head of the organization, and the signature of the head is usually affixed personnel service. The certified persons must also be familiarized with the schedule under the signature.

You can create such a document based on the template located at the link: Worker appraisal schedule - sample.

So, the frequency of certification is regulated by law for employees of organizations working in certain areas. When determining the timing of certification in local documentation, the employer must eliminate contradictions between the provisions of the law and internal documentation.

Industrial safety certification is an important process that contributes to the normal functioning of production in those organizations that own or simply operate objects that are potentially dangerous on a different basis. Thanks to a properly organized certification procedure for industrial safety, one can not only avoid claims from supervisory authorities, but also eliminate or minimize accidents in the production process.

Training and certification of managers and specialists in Rostekhnadzor for industrial safety

The Regulations on the organization of work on the training and certification of enterprise specialists (clause 2), approved by order of Rostekhnadzor No. 37 dated January 29, 2007 (hereinafter referred to as the Regulations), established mandatory requirement on passing training and certification in industrial safety by officials of enterprises responsible for the operation of hazardous industrial facilities, their design and construction, repair and liquidation. The same norm states that the heads of organizations that carry out at least one of the forms of activity in relation to hazardous objects indicated above are also required to undergo training in industrial safety.

Clause 5 of the Regulation provides for 3 forms of training in the programs necessary for the subsequent certification in industrial safety:

• full-time training in a specialized organization;
• passage distance learning in an organization that carries out the relevant educational activities;
• studying the program through self-study.

Clause 11 indicates that the certification itself can take place both at the enterprise where the employee operates (for which a special commission is created at it), and at the Rostekhnadzor service. At the same time, by virtue of clause 20 of the Regulations, the head and members of the commission must necessarily confirm the sufficient level of knowledge in the commissions of Rostechnadzor. All other employees are already certified by commissions, which are created by a special decision of the management (internal legal act) of organizations.

A1 certification

One of the types of certification for industrial safety in accordance with sub. "a" paragraph 4 of the said Regulation is a knowledge test general provisions governing this issue, which are established by federal laws and other special legal acts. The order of Rostekhnadzor "On the approval of certification areas ..." dated 04/06/2012 No. 233 contains a list of regulations that the person being certified in the relevant area should know.

The most common area of ​​certification, which is designated in the specified order as "A1"; this term has come into use and is actively replacing the full name of industrial safety attestation. If the activity of the enterprise is associated with an industrially hazardous facility, then the following must pass the A1 certification in Rostekhnadzor by virtue of clause 18 of the Regulations:

• heads of the organization, since they are required to head the relevant attestation commissions at the enterprise;
• heads of services exercising security control within the organization, members of the commission;
• employees of emergency rescue and emergency recovery services who are members of the commission of the enterprise, etc.

Certification of industrial safety specialists in Rostekhnadzor in category A1 is carried out only if they are included in the commission at the enterprise (clause 20 of the Regulations). Whereas the certification of industrial safety managers in this area (A1) must be carried out without fail in commissions created on the basis of the Rostekhnadzor service.

Preparation for certification and checking the knowledge of experts

The Law "On Industrial Safety of Hazardous Facilities" dated July 21, 1997 No. 116-FZ establishes a special category of persons in this area of ​​legal relations, called experts. These persons on the basis of Art. 1 of the mentioned law participate in the examination of industrial safety and must comply with a number of requirements:

• have special knowledge in this area;
• comply with the requirements of federal norms and rules in the field of industrial safety;
• pass the appropriate certification in Rostekhnadzor in accordance with the procedure approved by regulatory acts.

The regulation on the certification of industrial safety experts was approved by Government Decree No. 509 dated May 28, 2015. In more detail, this procedure is regulated by by-laws of Rostekhnadzor, including the regulations for the provision of certification services, the regulation on the certification commission, the form of an expert certificate, etc. .

Don't know your rights?

In order for an expert to pass certification in industrial safety, he needs to send an application to the territorial body of Rostechnadzor prescribed form(in accordance with the Administrative Regulations approved by the order of this body dated October 26, 2015 No. 430). The required package of documents is also attached to the application, including a copy of the passport, a diploma of higher education, employment history and also 2 photos.

Within 20 days, the application is considered, and the applicant is admitted to certification or a reasoned refusal is sent to him. After that, within 3 months, the applicant is given the opportunity to pass the exam, which (in accordance with paragraph 15 of the Regulations) is carried out in the form of testing in the relevant field of knowledge, as well as solving practical problems.

Knowledge test schedule

For the purpose of a more rational organized training of employees and their certification for a sufficient level of knowledge in the required field of industrial safety, clause 19 of the Regulation provides for the obligatory availability of a schedule for the passage of these procedures by employees. This document is in the form of an internal legal act and is approved by the head of the enterprise.

Those specialists who are subject to attestation (and, accordingly, preliminary training) must be familiar with the approved schedule, which they must sign. The schedule itself should indicate not only who and when is subject to certification, but also the place of its holding.

The certification schedule is sent to Rostekhnadzor only for information purposes, but the schedule must be sent without fail. A letter with the attached schedule is sent to the territorial authority in whose jurisdiction the organization is located (territorial branches of Rostekhnadzor at the level of the subject of the country).

At the same time, on the basis of applications for certification, Rostechnadzor also forms a kind of schedule for the declared persons to undergo certification, which includes:

• name of the organization and position of the specialist;
• staffing of the enterprise;
• F. I. O. of the attested person;
• area of ​​knowledge testing;
• place and time of the event.

This list (or schedule) is approved by a legal act of the territorial subdivision of Rostechnadzor (its order).

State duty for certification

Law 116-FZ (clause 2, article 9) provides for the mandatory payment of a state fee for issuing a certificate based on the results of a knowledge test in the Rostekhnadzor body. Specific numbers are indicated in the sub. 72 p. 1 art. 333.33 of the Tax Code of the Russian Federation, which says that 1,300 rubles must be paid for the initial issuance of a certificate. The same amount will have to be paid to a person in the event that he has lost (or otherwise lost) this document and he needs to receive its duplicate. If you only need to make any changes to the certification document (in particular, when changing your last name), then this will cost 350 rubles.

Based on the letter of the law, formally the attestation procedure itself is free and there is no state fee for it, you need to pay for the certificate. At the same time, in accordance with sub. 6 p. 1 art. 333.18 of the Tax Code of the Russian Federation, the fee must be paid before a legally significant action is taken, that is, in this case, before submitting an application for certification in Rostekhnadzor. And in case of failure to pass the tests, the paid fee will no longer be returned on the basis of paragraph 1 of Art. 333.40 of the Tax Code of the Russian Federation.

Validity of certification results according to the rules of Rostekhnadzor

Upon receipt of a certificate of successful completion of a knowledge test in the relevant field of industrial safety, a specialist can work in this area for 5 years in accordance with clause 13 of the Regulation. Before the expiration of this period, he must go through the certification procedure again.

This period is set for periodic certification of industrial safety specialists, but an extraordinary knowledge test may also be required (which is preceded by training in a program in a particular area of ​​industrial safety). Such a test of knowledge can be in cases of emergency and other emergency situations that resulted in the death of an employee. In such cases, the head of the enterprise or another person responsible for industrial safety is subject to extraordinary certification (clause 13 of the Regulations).

Based on the above, the following conclusions follow:

• industrial safety certification in Rostekhnadzor is carried out by the heads of enterprises (because they head the commissions in the organization) and those employees who will be included in the relevant commission at their enterprise;
• the most common certification area is A1, the basics of industrial safety;
• a special category of those being certified are experts, they participate in the examination of industrial safety and must meet the established requirements of the law (including having higher education, work experience) in order to get a certificate;
• in order to streamline the process of preparation and direct certification at the enterprise, a schedule should be drawn up, which, as information, is sent to the territorial division of Rostekhnadzor;
• the fee for issuing a certificate is 1300 rubles, but is paid before the application is submitted and is not refundable in case of failure to pass the certification;
• the validity of the certificate is 5 years, but this does not exclude the need for an extraordinary examination of knowledge in the event of emergencies with a fatal outcome.

The local normative act regulating the performance appraisal of employees in an organization is the schedule for the performance appraisal. This document establishes the timing and procedure for conducting inspections of employees, and it also reflects the list of employees who are subject to certification.

Schedule procedure

This document should be included in, as a rule, should be developed before the start of the year. certain unified form the document does not have and can be developed by responsible employees for the development of such personnel documents, for example, it can be the head of the personnel department, members of the attestation commission, head of departments, etc.

When drawing up a schedule, it is necessary that it contains the following information:

• Name of organization and name structural unit.
• Personal data of certified employees (name and position).
• Deadlines for certification.

In addition to these data, the document may additionally contain:

• Information about the dates of previous attestations may be included.
• You can specify the deadlines for providing the required documents and materials.
• Dates and subjects of training events.

The schedule is approved by the head of the organization, after which it must be brought to the attention of each certified employee who is included in these lists. Notification of employees must be made at least one month before the date of certification, which is scheduled according to this schedule.

All necessary materials for certified employees (reviews, submissions, certificates, etc.) containing brief description the identity of each employee and other information about official and professional qualities must be submitted to the commission at least 2 weeks before the inspections.

When drawing up a schedule, it is necessary first of all to indicate the immediate leaders of the organization, and after them their subordinates.

Certification schedule template

FEDERAL SERVICE FOR ENVIRONMENTAL,

ORDER

On the procedure for training and certification of employees of organizations supervised by the Federal Service for Ecological, Technological and Nuclear Supervision

Document as amended by:
(Bulletin of normative acts federal bodies executive branch, N 31, 30.07.2007);
by order of Rostekhnadzor of August 27, 2010 N 823 (Bulletin of normative acts of federal executive bodies, N 39, 09/27/2010);
(Bulletin of normative acts of federal executive bodies, N 13, 03/26/2012);
by order of Rostekhnadzor dated December 19, 2012 N 739 ( Russian newspaper, N 80, 04/12/2013) (entered into force on June 19, 2012);
(Rossiyskaya Gazeta, N 68, 03/26/2014);
(Official Internet portal of legal information www.pravo.gov.ru, 07/30/2015, N 0001201507300008).
___________________________________________________________________

In pursuance of federal laws of July 21, 1997 N 116-FZ "On the industrial safety of hazardous production facilities" of March 26, 2003 N 35-FZ "On the electric power industry" of July 21, 1997 N 117-FZ "On the safety of hydraulic structures" resolutions of the Government of the Russian Federation dated May 16, 2005 N 303 "On the delimitation of powers of federal executive authorities in the field of ensuring biological and chemical safety of the Russian Federation" dated March 3, 1997 N 240 "On approval of the list of positions of employees of nuclear facilities that must obtain permits Federal Supervision of Russia for Nuclear and Radiation Safety for the right to conduct work in the field of the use of atomic energy" (Collected Legislation Russian Federation, 1997, N 10, art. 1180)

I order:

1. Approve:

Regulations on the organization of work on the training and certification of specialists from organizations supervised by the Federal Service for Environmental, Technological and Nuclear Supervision; *
_____________
* "Regulations on the organization of work on the training and certification of specialists from organizations supervised by the Federal Service for Environmental, Technological and Nuclear Supervision" is given with the designation RD 03-19-2007 in the "Information Bulletin of the Federal Service for Environmental, Technological and Nuclear Supervision" No. 2, 2007 - Database manufacturer's note.


Regulations on the organization of training and testing the knowledge of workers' organizations supervised by the Federal Service for Environmental, Technological and Nuclear Supervision.*
_____________
* "Regulations on the organization of training and testing the knowledge of workers' organizations supervised by the Federal Service for Environmental, Technological and Nuclear Supervision" is given with the designation RD 03-20-2007 in the "Information Bulletin of the Federal Service for Environmental, Technological and Nuclear Supervision" N 2, 2007 year. - Database manufacturer's note.

2. Send in the prescribed manner the Regulations on the organization of work on the training and certification of specialists from organizations supervised by the Federal Environmental, Industrial and Nuclear Supervision Service, and the Regulations on the organization of training and knowledge testing of workers' organizations supervised by the Federal Environmental, Industrial and Nuclear Supervision Service, for registration with the Ministry of Justice of the Russian Federation.

Supervisor
K.B. Pulikovsky

Registered
at the Ministry of Justice
Russian Federation
March 22, 2007
registration N 9133

Regulations on the organization of work on the training and certification of specialists from organizations supervised by the Federal Service for Ecological, Technological and Nuclear Supervision

Application

I. General provisions

1. The regulation on the organization of work on the training and certification of specialists from organizations supervised by the Federal Service for Environmental, Technological and Nuclear Supervision (hereinafter referred to as the Regulation) was developed in accordance with federal laws of July 21, 1997 N 116-FZ "On the industrial safety of hazardous industrial objects" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1997, N 30, Art. 3588), dated January 10, 2002 N 7-FZ "On Environmental Protection" (Collected Legislation of the Russian Federation, 2002, N 2, Art. 133), dated March 26, 2003 N 35-FZ "On the Electric Power Industry" (Collected Legislation of the Russian Federation, 2003, N 13, Art. 1177), July 21, 1997 N 117-FZ "On the Safety of Hydraulic Structures" (Collected Legislation of the Russian Federation, 1997 , N 30, art. 3589), dated November 21, 1995 N 170-FZ "On the use of atomic energy" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 1995, N 48, art. 4552), resolutions of the Government of the Russian Federation on t May 16, 2005 N 303 "On the delimitation of powers of federal executive bodies in the field of ensuring the biological and chemical safety of the Russian Federation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2005, N 21, art. 2023), dated March 3, 1997 N 240 "On approval of the list of positions for employees of nuclear facilities that must obtain permits from the Federal Service for Ecological, Technological and Nuclear Supervision for the right to conduct work in the field of the use of atomic energy" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1997, N 10, art. 1180).

2. This Regulation establishes the procedure for organizing work on the training and certification of specialists ( officials) organizations that carry out hazardous production facility, an energy facility, a facility that operates thermal and electrical installations and networks, hydraulic structures (hereinafter referred to as facilities) their design, construction, operation, reconstruction, overhaul, technical re-equipment, conservation and liquidation, as well as the manufacture, installation, adjustment, maintenance and repair of the technical devices, technical means, machinery and equipment, as well as the training and retraining of managers and security specialists.

If for certain categories of specialists, regulatory legal acts establish Additional requirements to the verification and control of knowledge on safety, then the requirements provided for by these regulatory legal acts also apply.
by order of Rostekhnadzor dated December 15, 2011 N 714.
________________
..

3. Training and certification of specialists in security issues is carried out in the amount corresponding to the official duties.

4. During certification on safety issues, knowledge is tested:
by order of Rostekhnadzor dated December 15, 2011 N 714.

A) general requirements industrial safety established by federal laws and other regulatory legal acts of the Russian Federation;

B) industrial safety requirements on special issues related to the competence of the person being certified, established in regulatory legal acts and regulatory and technical documents;

B) The subparagraph is excluded from April 6, 2012 - order of Rostekhnadzor dated December 15, 2011 N 714. ;

D) energy security requirements established by federal laws and other regulatory legal acts of the Russian Federation and regulatory and technical documents;

E) safety requirements for hydraulic structures established by federal laws and other regulatory legal acts of the Russian Federation and regulatory and technical documents;

E) The subparagraph is excluded from April 6, 2012 - order of Rostekhnadzor dated December 15, 2011 N 714. .

When forming examination tickets, they include at least five questions ( test items) for each of the certification areas.
by order of Rostekhnadzor of December 15, 2011 N 714 by order of Rostekhnadzor of December 6, 2013 N 591.

II. Security training

________________
The footnote has been removed since April 6, 2012 - the order of Rostekhnadzor dated December 15, 2011 N 714 ..

5. Certification of security specialists is preceded by their training in curricula, developed taking into account standard programs approved by the Federal Service for Ecological, Technological and Nuclear Supervision.

Preparation can be carried out:
(The paragraph is additionally included from April 6, 2012 by order of Rostekhnadzor dated December 15, 2011 N 714)

in organizations involved in training, in full-time and remote forms;
(The paragraph is additionally included from April 6, 2012 by order of Rostekhnadzor dated December 15, 2011 N 714)

in self-training mode.
(The paragraph is additionally included from April 6, 2012 by order of Rostekhnadzor dated December 15, 2011 N 714)

6. Organizations engaged in training must have the required number of specialists certified in the manner prescribed by this Regulation, in accordance with the specialization.
(Clause from April 6, 2012 by order of Rostekhnadzor dated December 15, 2011 N 714.

7. The item was excluded from April 6, 2012 - order of Rostekhnadzor dated December 15, 2011 N 714. .

8. The clause has become invalid - the order of Rostekhnadzor dated August 27, 2010 N 823. .

9. The item was excluded from April 6, 2012 - order of Rostekhnadzor dated December 15, 2011 N 714. .

III. Safety certification of specialists of organizations supervised by the Federal Service for Ecological, Technological and Nuclear Supervision

10. Certification on security issues is carried out for specialists of organizations:
(Paragraph as amended, put into effect on April 6, 2012 by order of Rostekhnadzor dated December 15, 2011 N 714.

a) carrying out activities for the construction, operation, conservation and liquidation of the facility, transportation of hazardous substances, as well as for the manufacture, installation, adjustment, repair, technical certification, reconstruction and operation of technical devices (machines and equipment) used at facilities;

b) developing design, engineering and other documentation related to the operation of the facility;

c) carrying out safety review;

d) carrying out pre-certification training and professional training on security issues;

e) carrying out construction control.

The paragraph has been deleted since April 6, 2012 - order of Rostekhnadzor dated December 15, 2011 N 714. .

11. Certification of specialists is carried out in the commissions of organizations in which the certified persons work (including the main organizations), as well as in the certification commissions of the Federal Service for Environmental, Technological and Nuclear Supervision (Central Certification Commission, territorial certification commissions). *eleven)
(Paragraph edited
________________
In accordance with Article 105 of the Civil Code of the Russian Federation.


Specialists of contractors and other involved organizations can be certified in the certification commissions of the customer organization.
(The paragraph is additionally included from April 6, 2012 by order of Rostekhnadzor dated December 15, 2011 N 714)

Certification of members of certification commissions of branches / structural divisions of the organization (without the right legal entity) is held in the certification committee of the organization.
(The paragraph is additionally included from April 6, 2014 by order of Rostekhnadzor dated December 6, 2013 N 591)

12. Primary certification of specialists is carried out no later than one month:

upon appointment;

when transferring to another job, if during the implementation official duties this job requires attestation in other areas of attestation;
by order of Rostekhnadzor dated December 6, 2013 N 591.

when moving from one organization to another, if the performance of official duties at work in this organization requires certification in other areas of certification.
(Paragraph as amended, put into effect on April 6, 2014 by order of Rostekhnadzor dated December 6, 2013 N 591.

In case of change constituent documents and/or staffing organizations previously certified specialists whose job responsibilities have not changed are not subject to primary certification.
(The paragraph is additionally included from April 6, 2012 by order of Rostekhnadzor dated December 15, 2011 N 714)

13. Periodic certification of specialists is carried out at least once every five years. If the regulatory legal act in the field of activity of the Federal Service for Ecological, Technological and Nuclear Supervision establishes other periods of periodic certification than those provided for by this Regulation, then the norms of this Regulation shall apply.
by order of Rostekhnadzor dated December 6, 2013 N 591.

14. Item removed from April 6, 2014 - ..

15. Extraordinary certification in the Central Certification Commission of the Federal Service for Environmental, Technological and Nuclear Supervision is subject to the head and / or persons who are responsible for the safe conduct of work at the facility where an accident or fatal accident occurred.

Information about persons subject to extraordinary certification in the Central Certification Commission of the Federal Service for Ecological, Technological and Nuclear Supervision is submitted to the Chairman of the Central Certification Commission by the head of the territorial body on the basis of an act of investigating the causes of an accident or fatal accident. The specified information shall be provided within twenty days from the date of completion of the investigation of the accident or fatal accident.
(Paragraph as amended, put into effect on April 6, 2014 by order of Rostekhnadzor dated December 6, 2013 N 591.

It is allowed to conduct an extraordinary attestation in the territorial attestation commission of the Federal Service for Ecological, Technological and Nuclear Supervision by decision of the chairman of the Central Attestation Commission or his deputy.
(Clause as amended, put into effect on April 6, 2012 by order of Rostekhnadzor dated December 15, 2011 N 714.

16. Persons making decisions on certification should not take part in the conduct of training.

17. The item was excluded from April 6, 2012 - order of Rostekhnadzor dated December 15, 2011 N 714. .

18. Attestation commissions of supervised organizations are created by order (instruction) of the head of the organization. The attestation commission of the organization includes heads and chief specialists of the organization, heads and heads of departments, departments that carry out production and other types of internal control for compliance with safety requirements, representatives of emergency services and other highly qualified specialists. The committee is headed by one of the leaders of the organization.
(Paragraph as amended, put into effect on April 6, 2012 by order of Rostekhnadzor dated December 15, 2011 N 714.

At the initiative of the chairman of the certification commission of the organization or his deputy, representatives of the territorial bodies of the Federal Service for Ecological, Technological and Nuclear Supervision may be included in the commission for approval, if their participation is not required by the relevant regulatory legal acts.
(The paragraph is additionally included from April 6, 2012 by order of Rostekhnadzor dated December 15, 2011 N 714)

19. Certification of security specialists in organizations is carried out according to a schedule approved by the head of the organization. Persons subject to certification must be familiar with the schedule and place of certification. The certification schedule is sent to the relevant territorial bodies of the Federal Service for Ecological, Technological and Nuclear Supervision in order to inform.
(Clause as amended, put into effect on April 6, 2012 by order of Rostekhnadzor dated December 15, 2011 N 714.

20. In the territorial attestation commissions of the Federal Service for Ecological, Technological and Nuclear Supervision, the following are attested:

heads and members of attestation commissions of organizations with less than 5,000 employees;
(Paragraph as amended, put into effect on April 6, 2014 by order of Rostekhnadzor dated December 6, 2013 N 591.

managers and specialists expert organizations performing work for organizations supervised by the Federal Service for Environmental, Technological and Nuclear Supervision;

specialists of organizations providing training and vocational training on security issues;


(Paragraph as amended, put into effect on April 6, 2014 by order of Rostekhnadzor dated December 6, 2013 N 591.
(Clause as amended, put into effect on April 6, 2012 by order of Rostekhnadzor dated December 15, 2011 N 714.

21. The Central Certification Commission of the Federal Service for Ecological, Technological and Nuclear Supervision undergo certification of:

heads of organizations and their deputies, whose duties include issues of ensuring the safety of work, the number of employees of which exceeds 5,000 people;
(Paragraph as amended, put into effect on April 6, 2014 by order of Rostekhnadzor dated December 6, 2013 N 591.

members of attestation commissions of organizations with more than 5,000 employees;
(Paragraph as amended, entered into force on April 6, 2012 by order of Rostekhnadzor dated December 15, 2011 N 714; as amended, entered into force on April 6, 2014 by order of Rostekhnadzor dated December 6, 2013 N 591.

other persons by decision of the chairman of the Central Attestation Commission or his deputy based on the application of the supervised organization.
(Paragraph as amended, entered into force on April 6, 2012 by order of Rostekhnadzor dated December 15, 2011 N 714; as amended, entered into force on April 6, 2014 by order of Rostekhnadzor dated December 6, 2013 N 591.
(Clause revisedorder of Rostekhnadzor dated August 27, 2010 N 823 .

22. Certification commissions of the Federal Service for Ecological, Technological and Nuclear Supervision, within thirty days, consider applications submitted to the secretariats of attestation commissions by supervised organizations in which the certified persons work, on the certification of employees. The recommended form of appeal by supervised organizations is given in Appendix No. 3 to this Regulation.
(Clause as amended by Rostechnadzor order dated August 27, 2010 N 823; as amended by Rostechnadzor order dated December 6, 2013 N 591.

23. The item was excluded from April 6, 2012 - order of Rostekhnadzor dated December 15, 2011 N 714. .

24. The results of the knowledge test are documented in duplicate in accordance with Appendix No. 1 to this Regulation. One copy of the protocol is sent to the organization at the place of work of the specialist who passed the knowledge test.
(Paragraph as amended, entered into force on April 6, 2014 by order of Rostekhnadzor dated December 6, 2013 N 591.

25. Documents confirming certification in the Central Certification Commission or in one of the territorial certification commissions of the Federal Service for Environmental, Technological and Nuclear Supervision are valid throughout the Russian Federation.
(Clause as amended, put into effect on April 6, 2012 by order of Rostekhnadzor dated December 15, 2011 N 714.

26. Persons who have not passed the attestation (knowledge test) must pass it again within the time limits established by the attestation commission. Persons who have not passed certification may appeal the decisions of the certification commission in accordance with the legislation of the Russian Federation.

Appendix N 1. Form of the protocol of the attestation commission

Appendix No. 1
to the Regulations on the organization of work on
training and certification of specialists
organizations supervised
Federal Environmental Service,
technological and nuclear supervision,
approved by order of the Federal
environmental services,
technological and nuclear supervision
dated January 29, 2007 N 37
(As amended by
from April 6, 2014
by order of Rostekhnadzor
dated December 6, 2013 N 591. -
See previous edition)

Form of the Protocol of the attestation commission

Certifying commission

(name of the attestation commission)

PROTOCOL N _____

Chairman

Commission members:

(position, surname, initials)

(position, surname, initials)

(position, surname, initials)

The knowledge of managers and specialists was tested

(name of company)

to the extent appropriate to the duties of the job.

Full Name

Job title

The reason for the knowledge test

Knowledge test results

Areas of attestation*

Chairman

Commission members

________________
* Established by the Federal Service for Ecological, Technological and Nuclear Supervision.

Appendix N 2. Form of certificate of attestation

Appendix No. 2
to the Regulation

____________________________________________________________________
Lost force from April 6 -
order of Rostekhnadzor dated December 6, 2013 N 591. -
See previous edition
____________________________________________________________________

Appendix No. 3
to the Regulations on the organization of work
for training and certification
organization specialists,
supervised by the Federal
environmental service,
technological and nuclear
supervision approved
order of the Federal Service
on environmental,
technological and nuclear supervision
dated January 29, 2007 N 37
(Extra included
by order of Rostekhnadzor
dated August 27, 2010 N 823;
as amended by
from April 6, 2012
by order of Rostekhnadzor
dated December 15, 2011 N 714;
as amended by
from April 6, 2014
by order of Rostekhnadzor
dated December 6, 2013 N 591. -
See previous edition)

Submitted for certification:

		Full Name
		Date of Birth
		Identity document details
		Position held
		Name of the organization
		Organization headcount
		Organization address
		TIN of the organization
		Phone, fax, e-mail
		Reason for certification (primary, periodic, extraordinary)
		Education attested (when and what educational establishments graduated, specialty and diploma qualification, diploma number)
		Information about the previous attestation(s)
		Areas of attestation

Regulations on the organization of training and testing the knowledge of workers' organizations supervised by the Federal Service for Environmental, Technological and Nuclear Supervision

APPROVED
order of the Federal Service for
environmental, technological
and nuclear supervision
dated January 29, 2007 N 37

I. General provisions

1. Regulations on the organization of training and testing of knowledge of working organizations supervised by the Federal Service for Ecological, Technological and Nuclear Supervision (hereinafter referred to as the Regulations) have been developed taking into account social significance ensuring the state of protection of the vital interests of the individual and society from internal threats related to ensuring industrial, energy security, the safety of hydraulic structures (hereinafter referred to as security).
(Clause as amended, put into effect on April 6, 2012 by order of Rostekhnadzor dated December 15, 2011 N 714.

2. This Regulation sets out the requirements that are taken into account when organizing and conducting training and testing knowledge on the safety of workers in the main professions of organizations (regardless of the organizational and legal forms and forms of ownership of these organizations) that carry out construction, operation, reconstruction, technical re-equipment, conservation and liquidation hazardous production facility; electric power facility; a facility that operates electrical, thermal installations and networks, hydraulic structures (hereinafter referred to as the facility), manufacture, installation, adjustment, maintenance and repair of technical devices (machines and equipment) used at facilities, transportation of hazardous substances.
(Clause as amended, put into effect on April 6, 2012 by order of Rostekhnadzor dated December 15, 2011 N 714.

3. If additional requirements for training and control of safety knowledge are established by regulatory legal acts for certain categories of workers in the main professions, then the requirements provided for by these regulatory legal acts shall also apply.

4. Checking the knowledge of workers in the main professions in the field of security is carried out in the scope of the qualification requirements specified in qualification guides, and/or professional standards for the respective professions of workers.
(Paragraph as amended, put into effect on August 10, 2015 by order of Rostekhnadzor dated June 30, 2015 N 251.

5. The item is excluded by the order of Rostekhnadzor dated July 5, 2007 N 450. .

6. The head of the organization (employer) is responsible for the organization of timely and high-quality training and testing of knowledge in the whole organization, and in the division of the organization - the head of the division.

II. Vocational training for workers in basic professions

(The chapter became invalid from August 10, 2015 - order of Rostekhnadzor dated June 30, 2015 N 251.)

III. Safety briefing, internship, admission to independent work, knowledge test

18. Before admission to independent work at the facility, workers undergo safety briefing and on-the-job training.

19. By the nature and timing of the safety briefings are divided into:

- introductory;

- primary;

- repeated;

- unscheduled.

Development of programs of safety briefings, registration of their results are carried out in the manner established in the organization supervised by the Federal Service for Ecological, Technological and Nuclear Supervision.

20. An introductory safety briefing is carried out with all newly hired workers, regardless of their length of service in this profession, temporary workers, business travelers, students and students who have arrived for training or industrial practice. The introductory briefing is carried out by the employee who is entrusted with these duties by order of the organization. Relevant specialists may be involved in conducting individual sections of the introductory briefing. Introductory safety briefing is carried out in a specially equipped room using modern technical training aids and visual aids.

21. Initial safety briefing at the workplace is carried out with workers before their start. production activities. Workers who are not associated with the maintenance, testing, adjustment and repair of equipment, the use of tools, the storage and use of raw materials and materials, do not undergo safety training at the workplace. Initial briefing at the workplace is carried out with each individual with a practical demonstration of safe working methods. Primary safety briefing is possible with a group of people serving the same type of equipment, and within a common workplace.

22. All workers after the initial safety briefing at the workplace undergo an internship at a specific workplace under the guidance of experienced workers appointed by order of the organization. The same order determines the duration of the internship (at least 2 shifts).

23. Repeated briefing on safety at the workplace is carried out at least once every six months.

24. Unscheduled safety briefing is carried out by: *24)

- when changing the technological process, replacing or upgrading equipment that affects safety;

- in case of violation of safety requirements;

- during a break in work for more than 30 calendar days;

- by order of officials of the territorial bodies of the Federal Service for Ecological, Technological and Nuclear Supervision in the performance of their official duties.

25. Initial safety briefing at the workplace, as well as repeated and unscheduled safety briefings are conducted by the immediate supervisor of the work. The safety briefing at the workplace ends with a test of knowledge by oral questioning or with the help of technical teaching aids, as well as by testing the acquired skills in safe ways of working. Knowledge is checked by the employee who conducted the briefing. Persons who have shown unsatisfactory knowledge pass it again within the time limits established by the employee who conducted the briefing.

26. In the organizations specified in paragraph 2 of this Regulation, they develop and approve in the manner established in these organizations, manufacturing instructions. Production instructions are developed on the basis of the qualification requirements specified in the qualification reference books and / or professional standards for the relevant professions of workers, as well as taking into account the specifics technological processes specific production. These instructions are located at the workplace and are issued against signature to workers, for whom knowledge of these instructions is mandatory. Before being allowed to work independently, after a safety briefing, workers are tested for knowledge of the instructions.
by order of Rostekhnadzor dated June 30, 2015 N 251.

Knowledge testing is carried out in the commission of the organization or division of the organization, the composition of the commission is determined by the order of the organization. Knowledge testing procedures, registration of knowledge testing results are carried out in the manner established in the organization. A worker who has successfully passed the knowledge test is issued a certificate for the right to work independently.

Workers are periodically tested for knowledge of production instructions at least once every 12 months.
(Paragraph as amended, put into effect on August 10, 2015 by order of Rostekhnadzor dated June 30, 2015 N 251.

Before testing knowledge, classes, lectures, seminars, consultations are organized.

Extraordinary examination of knowledge is carried out:

When moving to another organization;

- in case of changes in the production instructions;
(Paragraph as amended, put into effect on August 10, 2015 by order of Rostekhnadzor dated June 30, 2015 N 251.

- by order of officials of the territorial bodies of the Federal Service for Ecological, Technological and Nuclear Supervision in the performance of their official duties in cases of revealing insufficient knowledge of the instructions.

In case of a break in work in the specialty for more than 12 months, after testing their knowledge, before being admitted to independent work, they undergo an internship to restore practical skills.

27. Admission to independent work is issued by order of the organization.

Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"

Under the traditional worker performance appraisal system current legislation means a procedure, the content and procedure of which the employer develops independently. There is no article under the title "Certification of employees for compliance with the position held." However Labor Code, according to article 81, determines that the certification procedure is established by the local regulatory act of the employer.

For example, certification of cultural workers is determined by the Procedure approved by the Deputy Minister of Culture of the Russian Federation, dated February 8, 2010 No. 7790-44 / 04-PKh. This normative act, in particular, stipulates that employees who, by the nature of their activities, do not require special skills or knowledge, for example, unskilled workers, are not subject to certification.

There is a nuance: the employer develops the provision on the certification of subordinates independently, taking into account the opinion of the trade union. But if there is no trade union in the organization, then there is no need to coordinate anything with anyone.

Regulations on certification of employees

IMPORTANT!

Since in 2019 the certification of employees is regulated by the employer, we recommend taking the Regulation on the procedure for conducting certification, approved by the Decree of the State Committee of the USSR dated 05.10.1973 No. 267, as the basis for the development of an internal regulatory act.

The current legislation does not limit in any way the categories of employees in respect of which certification can be carried out, as well as the frequency and procedure for certification itself. The employer has the right to establish at its discretion any procedure for carrying out this procedure in relation to any categories of employees.

We recommend that you approach the development of the document, which will be called the "Regulations on the certification of employees", with attention. In order to avoid possible negative judicial practice, and also so that the certification of employees for compliance with the position held is as clear as possible to both employees and the employer itself, it is advisable to include the following sections in it:

1. General information.
2. Section on preparations.
3. Section on certification.
4. Final provisions.
5. Applications.

These sections are given as an example and do not claim to be universal. We want to give the employer step by step algorithm so that the certification of employees at his enterprise does not fail and is as objective as possible.

General section

Step 1. Designate the purpose of certification

For one employer, it will be enough to write that the purpose of this event is to determine the compliance of the employee’s qualifications with the position he occupies.

Another might set out to aim rational use labor resources their employees, increasing the effectiveness of their work and responsibility for the work assigned. Formulate clearly and specifically exactly the goal that you are trying to achieve.

For example, in accordance with the Regulation approved by Decree of the Government of the Russian Federation of March 16, 2000 No. 234, the objectives of certification of enterprise managers are:

• objective assessment of the activities of managers and determination of its compliance with the position held;
• assistance in improving the efficiency of enterprises;
• stimulation of professional growth of heads of enterprises.

Step 2. Determine the composition of the certified workers

Taking into account that the legislation does not restrict the employer in choosing categories of employees for their certification, we still recommend NOT including in the lists of those who are certified:

• pregnant women;
• who have worked in the position for less than a year;
• on parental leave and employees who have worked for less than one year after returning to work from this leave;
• old-age pensioners;
• minors;
• employees with whom a fixed-term employment relationship is concluded.

The rest of the staff can be certified.

For example, when attestation of prosecutors is carried out, the number of those being attested does not include:

• pregnant women;
• on parental leave (they can be certified six months after leaving the leave);
• employees who have reached the age limit for being in the service (if they have not made significant omissions in their work);
• officers in the reserve of the military prosecutor's office upon assignment to them of the initial class rank.

All other employees of the prosecutor's office are subject to certification in accordance with the Order of the Prosecutor General of June 20, 2012 No. 242.

Step 3. Fix the frequency of certification

Certification can be carried out every year, but such a frequency is unlikely to contribute to the formation of a healthy atmosphere in the team. That's why the best option there will be a period no more than once every three years and no less than once every five years.

For example, according to the text federal law dated November 30, 2011 No. 342-FZ, certification of employees of internal affairs bodies is carried out once every four years.

Step 4. Indicate the grounds for an extraordinary certification

It is better to foresee (in case of parting) and fix that an extraordinary certification can be carried out:

• by agreement of the parties;
• in case of changes in working conditions for technological reasons;
• in case of repeated improper performance of their duties.

Then the employer will have the right to send the employee for an extraordinary certification, based on the results of which to make an appropriate decision, including those provided for in paragraph 3 article 81 of the Labor Code of the Russian Federation.

For example, in the Regulation approved by the Ministry of Transport of the Russian Federation of March 11, 1994 No. 13/11 (registered in the Ministry of Justice on April 18, 1994 No. 548), early certification is carried out in cases where gross violations rules and regulations governing safe operation Vehicle or serious traffic accidents occur.

Section on preparation for certification

In this section, it is necessary to clearly and clearly indicate what steps and measures the employer and subordinate officials are obliged to take.

Step 1. Determine the composition of the commission

The composition of the commission is determined by the order of the employer.

The commission must have a chairman, ordinary members and a secretary.

It is necessary to indicate which of them has the right to vote and which does not.

It is also important who will have the decisive vote if the opinions of the members of the commission are distributed equally (to avoid this, the commission should be created from an odd number of representatives of the employer).

The composition of the commission is permanent, changes can be made either due to a conflict of interest, or in connection with personnel movements.

It is important to indicate the powers of the members of the commission. Thus, the chairman is responsible for the validity and legitimacy of the collegiate decisions made, the members of the commission for the comprehensiveness and objectivity of the decisions made, the secretary for the technical work.

Step 2. Schedule

The certification schedule is a document that the employer draws up annually. Approved by a separate order. The schedule should be approved in advance in order to have time to acquaint those who are to be certified with it.

The chart indicates:

• list of employees subject to certification this year;
• date and place of the procedure;
• the time of submission of the necessary personnel documents for the certified employees and full name. responsible for providing.

Step 3. Notify employees about the upcoming certification

All certified workers must be notified of the procedure in advance and under signature. How far in advance, the employer decides, but the optimal period is one month.

The form of the notification is not important, the fact confirming the acquaintance is important.

If the employee refuses, an appropriate act is drawn up.

If sick, a corresponding notification is sent to the place of registration and residence by registered mail with acknowledgment of receipt.

Step 4. Obtain the necessary personnel documents

Due to the fact that the attestation commission makes decisions based on the documents provided, the employer has the right to independently provide for which document and within what time frame should be submitted to the commission.

It can be any requirement, like a portfolio, for example.

For example, until recently teaching staff state government institutions social service in the Leningrad region had to provide a portfolio for certification social worker characterizing the results of their activities. However, it is worth noting that at present this requirement is canceled by the Order of the Committee for Social Protection of the Population of the Leningrad Region dated January 21, 2013 No. 1.

Sample portfolio of a social worker for certification

In practice, most often the employer requires the commission to provide a description or service review of the employee, which must be prepared by his immediate supervisor.

With the characteristics of the employee must be familiarized under the signature. After familiarization, this document is submitted to the certification commission.

IMPORTANT!

It is necessary to provide an opportunity for the employee to disagree with the content of his testimonial and submit written objections to the certification commission.

The deadline for submission of all documents is indicated in the schedule.

IMPORTANT!

A characteristic not provided on time with disputable certification results is a formal reason for the court to recognize the decision of the certification commission as unlawful due to a violation of the procedure.

Section on certification

This section is a description step by step procedure certification of employees at the enterprise.

Step 1. Determine the quorum

To do this, the regulation should state that with the participation of two-thirds of the composition of the commission, its decisions are considered valid. If the number of members of the commission is less, the certification is postponed for another period determined by the employer, taking into account the requirements of the described provision.

Step 2. Describe the procedure itself

We write that the certification of employees for compliance with the position held should be carried out in the presence of the employee himself and his immediate supervisor in a friendly atmosphere (the employee is already under stress).

We indicate that the boss represents the employee, and then the members of the commission ask questions of interest to them.

After the questions are asked and the employee answers them, the certified employee is removed, and his head and members of the commission remain to discuss and make an appropriate decision.

After the decision is made, the employee is invited, and the chairman announces the decision of the commission to him.

Step 3. We fix the decision-making mechanism

IMPORTANT!

Any decision must be justified and supported by an appropriate document. If an employee is a scoundrel, this is not a reason to recognize him as inappropriate for his position.

The professional activity of an employee should be evaluated in conjunction with qualification requirements to his position. It is necessary to take into account the personal contribution of the employee in achieving the goals of the organization, as well as the complexity and intensity of the work that he performs.

It is worth paying attention to the absence or presence of facts of violations of the labor schedule and official duties.

All doubts are interpreted in favor of the employee.

Step 4. Commission Decision Options

We describe what decisions the commission can make:

• the employee corresponds to the position;
• send for training to match the position;
• apply to the employer for an increase (salary, position);
• consider demotion due to insufficient qualifications;
• does not correspond to the position held, to recommend sending for training for advanced training or dismissal due to insufficient qualifications.

Step 5. We draw up the decision of the commission.

All decisions of the commission are drawn up in a protocol or entered in the employee's certification sheet. It makes no sense to draw up both documents, in fact they are the same thing, only the form is different. At the same time, no one forbids filling out both documents.

The attestation sheet and protocol are signed by all members of the commission present at the attestation.

IMPORTANT!

Those members of the commission who were not present at the certification are not entitled to sign these documents. If they sign, this may serve as a reason to cancel the decision of the commission and initiate a criminal case under Article 292 of the Criminal Code of the Russian Federation.

The order must be issued within a certain period, the employer himself will determine in which, but not more than one month.

It is necessary to provide that the terms can be interrupted (when going on vacation, temporary absence for unknown reasons or temporary incapacity for work, this period should be interrupted).

Violation of the terms entails the cancellation of the decision by the attestation commission.

For example, if A.V. Petrov will be recognized as inappropriate for his position, the employer has the right to fire him, send him to training or demote him (his will, the attestation commission granted him such powers).

If the employer decides to move A.V. Petrov to a lower position, and A.V. Petrov will refuse, the employer will have the right to fire him on the same grounds.

Step 6. Worker rights

It is advisable to indicate that in case of disagreement with the results of certification, the employee in statutory may appeal this decision.

Final provisions

This section contains information about where to store attestation documents. All attestation documents are stored in personnel departments, protocols - in the nomenclature folder, attestation sheets - in the personal files of employees.

The retention period for these documents is 75 years.

Sample provision on certification of employees

Sample schedule for performance appraisal of employees

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