Conducts an assessment of the working conditions of workplaces. Special assessment of working conditions: duty or choice of the employer

Many already know that the certification of jobs has changed dramatically. The reason for this was the adoption of a new federal law and amendments to the Labor Code of the Russian Federation. It is worth paying attention to the fact that the name of the procedure itself has changed. Now, instead of certification, a special assessment of working conditions is carried out. New rules come into force since January 2014.

Let's take a closer look special assessment working conditions and the main points that were affected by the changes. In our article, you will learn how this assessment is carried out, whether it is mandatory, who conducts it, and the sanctions applied to violators. So, let's begin.

Recent changes in the law

The main change was not only the change of the name of the process, the procedure itself changed radically. An important point there was also a significant increase in punishment for violation of the requirements established by law.

According to experts, the introduction of a completely new mechanism is due to the fact that the certification of workplaces, carried out earlier, did not give the desired effect and could not protect workers. The innovation should give an incentive to entrepreneurs to pay due attention to the special assessment, and the sanctions are designed to ensure the enforcement of the established rules.

According to statistics, 35% of all violations are the admission of those employees to workplaces who have not been instructed in labor protection.

Some simply signed, not paying attention to the study of safety regulations. Slightly less percent was scored by the lack of personal or collective protective equipment among workers. The top three "leaders" closes the lack of certification.

It will not be superfluous to remind managers and employees of the accounting department that at the time of reporting to the Social Insurance Fund, it will be necessary to indicate the presence of a special assessment. This requirement presented from January 1, 2015. According to the results of the assessment, each workplace is assigned a hazard class. This will determine the amount of insurance premiums paid to the Pension Fund. There is a directly proportional relationship - the greater the harmfulness (class), the greater the pension contribution.

If it seems to you that this is nothing, then pay attention to the fact that the absence of a special assessment of working conditions automatically prevents the submission of a report for the quarter to the Social Insurance Fund, as well as the calculation of pension contributions. Thus, the "snowball" of violations begins to grow. current legislation and consequently sanctions for non-compliance.

What should be done now?

A special assessment is a holistic set of activities that are aimed at identifying hazardous, harmful production factors, as well as assessing the level of their impact on employees, taking into account fluctuations in the actual value and the established standard. The main task of the special assessment is to determine whether the conditions of the workplace are appropriate established by law requirements, and detect jobs where working conditions are harmful or dangerous. Employees working in such conditions must necessarily receive appropriate compensation and additional guarantees.

A special evaluation is being carried out all employers without exception: and on various types enterprises and individual entrepreneurs. Workplaces of the following categories are not subject to verification:

• belonging to workers who are engaged in home-based work;
• employees working remotely;
• employees of employers - individuals who are not individual entrepreneurs.

Previously, certification was required only at those workplaces where equipment, hand tools, machines, mechanisms, installations, devices, vehicles, apparatuses were used, or where sources of danger were located. Now inspection applies to any workplace, regardless of the factors and criteria used in the past. This means that a special assessment of office staff jobs is also necessary. Before the adoption of the law, the issue of office jobs was debatable.

To conduct this special assessment, a special organization is involved, whose experts professionally assess working conditions.

The legislator also worried about the transition period. An employer who has carried out an attestation of a workplace under the old legislation (before January 1, 2014) is exempted from the obligation to conduct a special assessment until the expiration of the results of this attestation. But no more than December 31, 2018. The results of certification are also used for the tasks of a special assessment - for the organization medical examinations, to inform employees about working conditions, to provide employees with the means personal protection, compensation payments, etc.

As for companies that have jobs with dangerous or harmful working conditions, they should conduct an assessment immediately. As well as with jobs that allow an employee to leave for an early retirement pension. Other organizations conduct a special assessment until December 31, 2018. The certification of workplaces, which was carried out in 2014, is considered illegal, and its results cannot be used. This is discussed in a specially issued Letter from the Ministry of Labor of the Russian Federation.

Detailed information about the special assessment is in the following video:

Who and how conducts a special assessment?

Let's start with the one who conducts the special assessment. According to the law, the obligation to conduct and finance the assessment rests directly with the employer. It is he, regardless of whether it is a legal entity or individual entrepreneur organizes an assessment of the workplace of employees.

Now let's dwell on the timing of the special assessment, which are of no small importance. The timing directly depends on the type of assessment - scheduled or unscheduled. Planned is carried out at least once every five years. It is necessary to count five years from the day when the report on the previous special assessment was approved. At the request of the employer, a special assessment can be carried out even before the expiration of the previous one. This is possible if conditions in the workplace are improved. The question arises, why conduct a premature assessment, and not wait for the next one? The improvement will save on insurance premiums, employee compensation and personal protective equipment.

The need for an unscheduled assessment arises in the event of a change of office and the introduction of new jobs. It must be carried out within 6 months from the date of their commissioning.

The law also provides for other cases of unscheduled assessment:

• when it changes technological process;
• equipment replacement;
• when changing the composition of the raw materials or material used;
• after an accident at work or the establishment of an occupational disease due to the influence of hazardous or harmful factors;
• at the request of the trade union;
• when changing means of individual or collective protection, etc.

Moreover, during an unscheduled assessment, only jobs affected by the changes are subject to it. The procedure is similar to the procedure for scheduled certification and is contained in the order of the Ministry of Labor of the Russian Federation.

A few more words about the special assessment of similar jobs. Very often you can see that several employees work in the same conditions, performing the same functions, which means that their jobs are identical. In this case, the assessment is carried out in relation to 20% of jobs, but not less than two.

Similar means that the places are located in the same type of premises, their ventilation, air conditioning, heating and lighting systems are the same. It is also important that the equipment, materials and raw materials used by employees in similar places should be of the same type, and personal protective equipment should be the same.

To start the assessment an appropriate commission is created and an organization specializing in its implementation is involved. Usually with such an organization they conclude civil contract. The head of the commission is directly the employer or his representative. It necessarily includes trade unionists, if they are at the enterprise, and a labor protection specialist serving this organization.

Then the experts begin to study jobs and identify among them those that are exposed to dangerous or harmful factors. Those places where such factors are absent are entered in the declaration, which is subsequently submitted to the labor inspectorate. Where these factors exist, they should be carefully measured. Each place is assigned a class of working conditions.

The last stage is the commission report, which contains the following data:

• a list of jobs with an indication of dangerous and harmful factors;
• protocols of all measurements and tests;
• expert opinions;
• and etc.

The employer acquaints his employees with the report against signature. The review period is one month. If there is a site, the information from the report is published on it.

Possible fines and other sanctions

As for any other offense, failure by the employer to fulfill his obligation to conduct a special assessment of working conditions is subject to administrative liability in the form of a fine or suspension of activities:

• The amount of an administrative fine for an individual entrepreneur will be from five to ten thousand rubles or the suspension of his activities for up to 90 days.
• Legal entities that have committed violations will pay much more - from sixty to eighty thousand rubles. The suspension of activities is also relevant for them, the duration is similar.

For comparison, here are the previous amounts of sanctions:

• individual entrepreneurs paid from one to five thousand rubles;
• for legal entities, the violation cost a pretty penny - from thirty to fifty thousand rubles.

The body that holds employers accountable for this category of offenses is Rostrud.

A repeated violation threatens individual entrepreneurs with a fine of thirty to forty thousand rubles, for legal entities - from one hundred to two hundred thousand rubles.

So it’s worth considering what is better - to take care of the correct assessment of the workplace or pay a fine, or even lose profits that will not be received due to the suspension of the company or individual entrepreneur.

An accident at an enterprise in the absence of a special assessment is direct evidence of the employer's guilt for the court. In this case, this act is no longer subject to administrative sanctions, but to criminal ones. The punishment is: a fine - up to 400,000 rubles, correctional labor for 2 years, forced labor for up to a year, or imprisonment for up to a year.

Since 2014, based on federal law No. 426-FZ of December 28, 2013 “On a special assessment of working conditions”, a special assessment of working conditions is being carried out; before that, certification of workplaces was carried out. The meaning is about the same, but nevertheless some changes have been made.

It is required for all employers. On the basis of the above-mentioned law, amendments were made, as a result of which administrative penalties were increased in case of refusal to conduct a special assessment, as well as tougher criminal penalties for persons whose fault an accident occurred at work.

In order for you to understand, before the adoption of Federal Law No. 426 of December 28, 2013, the concept was applied as attestation of workplaces and this was a mandatory procedure for everyone without exception, in accordance with the Labor Code of the Russian Federation, Article 212. Since 2014, a new concept has been established and is currently called a special assessment of working conditions.

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

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

In accordance with the law No. 426-FZ Art. 8 Part 1 and the Labor Code of the Russian Federation Art. 212 and the obligation to conduct a special assessment lies with the employer, which is also carried out at his expense. All employers, both organizations and individual entrepreneurs who have employees in the state, are required to conduct it.

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

It is also not required to conduct a special assessment for individuals who do not have the status of individual entrepreneurs who hire employees (According to Law No. 426-FZ, Article 3).

Which jobs need to be assessed?

There are a number of differences between jobs that are now subject to special assessment and for which jobs were previously attested.

So, earlier, certification of workplaces was carried out in case of use on them hand tool, mechanisms, equipment, installations, machines, devices, devices and Vehicle in the presence of sources of danger. Since 2014, in the case of a special assessment, no such restrictions have been established; therefore, it is carried out regardless of whether the above factors are present at the workplace or not.

Another difference concerns teleworkers and homeworkers. For these jobs, certification of jobs was carried out on a general basis. Based on Law No. 426-FZ, which is currently clearly written on this issue, there is no need to conduct a special assessment of labor in relation to employees working remotely.

Read also:

Hiring a new employee, step by step instructions

As for office workers, they are the majority and the issue deserves special attention. Previously, the law was not clear about the need for attestation. Law No. 426-FZ made it clear, since there are no restrictions on the relationship of office employees, it is also necessary to conduct a special assessment for these jobs.

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

• In the event that the employee is engaged in home work.
• Regarding the places of employees who work remotely.
• If the employer is individual which is not an IP.

The frequency of the special assessment

What is the timing of the special assessment? There is scheduled inspection and unscheduled. Planned must be carried out once every five years. If certification was carried out at the workplace, then a special assessment can be scheduled 5 years after certification is completed.

However, cases are stipulated, upon the occurrence of which an unscheduled inspection is carried out (up to 5 years from the date of the last conduct:

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

What threatens to refuse a special assessment

If the organization did not conduct a special assessment of labor, then it could be held administratively liable.

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

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

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

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

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

What happens if an accident occurs and there is no special assessment?

In this case, the evidence of the employer's guilt may be the lack of results of a special assessment of working conditions in the organization (Individual entrepreneur). If guilt is proven, then the head can be brought to justice. criminal liability in accordance with the Criminal Code of the Russian Federation Art. 143:

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

1. What is a special assessment of working conditions and which organizations and individual entrepreneurs should conduct it.

2. Why should an employer conduct a special assessment of working conditions.

3. What legislative and regulations regulate the conduct of a special assessment of working conditions.

Since 2014, certification of workplaces in terms of working conditions has been replaced by a special assessment, in connection with the adoption of the Federal Law of December 28, 2013 No. 426-ФЗ “On the Special Assessment of Working Conditions”. Information on the results of the special assessment carried out must be reflected in the 4-FSS report (Table 10) starting from the report for the first quarter of 2014. Moreover, all insurers must fill out table 10, including those who did not conduct a special assessment of working conditions (read more about the filling procedure in the article). However, despite the fact that the introduction of a special assessment of working conditions is no longer new, there are still many questions regarding the procedure for its implementation, its mandatory nature, etc. In this article, I propose to consider which organizations and individual entrepreneurs should conduct a special assessment and why.

First of all, let's understand what a special assessment of working conditions is. According to Article 3 of Law No. 426-FZ, a special assessment of working conditions is a set of measures to identify harmful and (or) dangerous factors in the working environment and labor process and assessing the level of their impact on the worker. Based on the results of its implementation, classes and subclasses of working conditions are assigned to workplaces, and an action plan is developed to improve working conditions.

Which employers and with what frequency should conduct a special assessment of working conditions

All employers must conduct a special assessment, such an obligation is established by paragraphs. 1 p. 2 art. 4 of Law No. 426-FZ, regardless of legal status (organization or individual entrepreneur), type of activity, number of employees, etc. Moreover, a special assessment of working conditions should be carried out in relation to all jobs, with the exception of homeworkers and remote workers(Clause 3, Article 3 of Law No. 426-FZ).

! Note: special assessment is also subject to workplaces where employees are engaged exclusively in work with personal computer and other office equipment. Previously, such jobs were not subject to mandatory certification for working conditions.

A special assessment of working conditions must be carried out at least once every five years. However, in the presence of the circumstances specified in Art. 17 of Law No. 426-FZ, an unscheduled special assessment should be carried out (for example, when new jobs are introduced, there is an order labor inspectorate in the event of an accident at work, etc.).

! Note: if the employer carried out certification of workplaces in terms of working conditions, then a special assessment in relation to these workplaces may not be carried out within five years from the date of completion of the certification (if there are no grounds for conducting an unscheduled special assessment of working conditions).

Why does an employer need to conduct a special assessment of working conditions

The results of the special assessment carried out are used in the following cases:

1. As a justification for the costs of taking measures to improve working conditions and labor protection (purchasing personal and collective protective equipment for workers, conducting mandatory medical examinations) in order to reimburse them from the Social Insurance Fund.

The procedure for reimbursement of such expenses at the expense of the FSS and the list of expenses subject to reimbursement are established by Order of the Ministry of Labor of Russia dated December 10, 2012 No. 580n “On Approval of the Rules financial support preventive measures to reduce occupational injuries and occupational diseases workers and health resort treatment of workers employed in work with harmful and (or) dangerous production factors. According to paragraph 3 of the Rules, the insured has the right to reimburse at the expense of the FSS, for example, the costs of:

• implementation of measures to bring the levels of exposure to harmful and (or) hazardous production factors at workplaces in line with state regulatory requirements for labor protection;
• , as well as flushing and neutralizing agents;
• sanatorium-and-spa treatment of workers employed in work with harmful and (or) dangerous production factors;
• conducting mandatory periodic medical examinations (examinations) of employees employed in work with harmful and (or) dangerous production factors;
• purchase by insurers of first aid kits;
• and other expenses specified in the Rules.

2. To justify the costs of taking measures to improve working conditions and labor protection (purchase of collective protective equipment, equipping workplaces, for example, with lighting fixtures, equipping recreation areas, etc.) for tax purposes.

3. To establish an additional rate of insurance premiums in Pension Fund RF, taking into account the class (subclass) of working conditions at the workplace. The sizes of additional tariffs are established by part 2.1 of Art. 58.3 of the Federal Law of July 24, 2009 No. 212-FZ “On insurance contributions to the Pension Fund Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Medical Insurance Fund":

Working condition class	Subclass of working conditions	Additional insurance premium rate
Dangerous	4	8.0 percent
Harmful	3.4	7.0 percent
	3.3	6.0 percent
	3.2	4.0 percent
	3.1	2.0 percent
Permissible	2	0.0 percent
Optimal	1	0.0 percent.

4. To calculate discounts (surcharges) to the insurance rate for compulsory social insurance against accidents at work and occupational diseases.

The methodology for calculating discounts and surcharges to insurance rates for compulsory social insurance against industrial accidents and occupational diseases was approved by Order of the Ministry of Labor of Russia dated August 01, 2012 No. 39n. In accordance with it, the specific amount of the discount or premium is set by decision of the FSS within 40 percent of the approved insurance rate. In this case, the premium is set at the initiative of the FSS, and the discount is set at the request of the insured.

5. To establish for employees the stipulated Labor Code RF guarantees and compensations.

Guarantees for employees based on the results of a special assessment of working conditions are also provided for by Decree of the Government of the Russian Federation dated November 20, 2008 No. 870 “On the establishment of reduced working hours, annual additional paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special conditions labor."

6. For other purposes, the list of which is contained in Article 7 of Law No. 426-FZ.

So, we have clarified the "theoretical" aspects of a special assessment of working conditions: who, when and why should conduct it. In I will write about the “practical” issues associated with a special assessment: what is the procedure for conducting it and, most importantly, how the costs of conducting it are taken into account.

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Legislative and regulatory acts:

1. Federal Law No. 426-FZ of December 28, 2013 “On Special Assessment of Working Conditions”
2. Order of the Ministry of Labor of Russia dated December 10, 2012 No. 580n “On Approval of the Rules for Financial Support of Preventive Measures to Reduce Occupational Injuries and Occupational Diseases of Workers and Sanatorium and Resort Treatment of Workers Employed at Work with Harmful and (or) Dangerous Production Factors”
3. Federal Law No. 212-FZ dated July 24, 2009 “On Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund”
4. Order of the Ministry of Labor of Russia dated August 1, 2012 No. 39n “On Approval of the Methodology for Calculating Discounts and Surcharges for Insurance Rates for Compulsory Social Insurance against Industrial Accidents and Occupational Diseases”
5. Decree of the Government of the Russian Federation of November 20, 2008 No. 870 “On the establishment of reduced working hours, annual additional paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions”

How to get acquainted with the official texts of documents - see the section

Starting from 2014, on the basis of Law No. 426-FZ of December 28, 2013, the concept of a special assessment of jobs was introduced, which replaced certification. It is necessary to assess working conditions in relation to all jobs, with the exception of 3 places, you can read about this in another article, in this we will consider the procedure for conducting a special assessment. Do not forget that refusal to conduct it may be punishable by a fine, and a repeated refusal is subject to an increased amount of penalties.

To start a special assessment of working conditions, the employer must perform the following actions:

• Create a commission.
• Involve an organization that specializes in conducting a special assessment. Before starting work, it is necessary to conclude a civil law contract with her.

The commission for conducting a special assessment includes trade unionists (if the company has a trade union organization), representatives of the organization, as well as a third-party or full-time labor protection specialist. In the case of a small business entity, the commission must include either an individual entrepreneur or a manager. The head of the commission must be either the employer or his representative.

When choosing a third-party organization to conduct a special assessment, 3 criteria must be considered:

1. A special assessment of working conditions is the main activity according to the charter of a legal entity.
2. The staff of experts in the company, having the appropriate certificates for the performance of these works, is at least 5 people. Moreover, it is desirable that at least one of them should be a doctor in occupational health, or in general hygiene, or in the field of sanitary and hygienic laboratory research.
3. The organization has a testing laboratory that is accredited to measure dangerous and harmful factors of the labor process and the production environment.

In addition, the relevant experts and the organization as a whole must be present in a special register. And one more thing - the selected organization should not have anything to do with the organization in which it conducts a special assessment.

The procedure for conducting a special assessment and reporting the results

An inspection can be carried out both plannedly - once every 5 years, and unscheduled, about the case in which it is carried out, as well as about who should conduct a special assessment and which places are exempt from it, you can read in.

In the course of a special assessment by experts of a third-party organization, during which the workplaces of employees are examined for the absence or presence of hazardous and (or) harmful production factors. Data on jobs for which no such factors have been identified are entered in the relevant declaration. After that, it is submitted to the labor inspectorate.

When hazardous or harmful factors are identified in the workplace, experts conduct measurements and tests on them, as a result of which they are assigned a class of working conditions. There can be 4 types of them: dangerous, harmful, acceptable and optimal. Harmful Conditions in turn are classified into 4 subclasses from the first to the fourth degree.

votes: 82

From 2014, instead of attestation of workplaces, a special assessment of working conditions should be carried out.

Also, the results of the special assessment are used to organize medical examinations, to develop measures to improve working conditions and for other purposes. Full list such purposes are given in Article 7 of Law No. 426-FZ.

If the last certification of workplaces was carried out less than five years ago, then its results are equated to the results of a special assessment. After the expiration of a five-year period from the date of completion of the last certification, its results are canceled, and the employer must conduct a special assessment of working conditions.

What threatens to refuse a special assessment

If a special assessment of working conditions has not been carried out, the employer may be held administratively liable.

Now sanctions for this offense are provided for in article 5.27 of the Code of Administrative Offenses of the Russian Federation. The amount of the fine for officials is from 1,000 to 5,000 rubles, and for legal entities- from 30,000 to 40,000 rubles. Another variant of punishment is also possible - suspension of activities for up to ninety days.

Starting from 2015, in case of refusal of a special assessment, inspectors will apply a new rule, namely, Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation. The amount of the fine will be from 5,000 to 10,000 rubles for officials and individual entrepreneurs, and from 60,000 to 80,000 rubles for legal entities. There is also a milder version of punishment - a warning. If the violation is committed again, the amount of the sanction will increase and amount to 30,000 to 40,000 rubles for officials and individual entrepreneurs, and from 100,000 rubles for legal entities. up to 200,000 rubles Instead of a fine, repeatedly guilty officials will be able to be disqualified for a period of one to three years, and the activities of individual entrepreneurs and organizations to be suspended for up to ninety days.

If an accident occurs at the enterprise, then the absence of the results of a special assessment can serve as evidence of the employer's guilt. And if the guilt is proven, the head will be prosecuted under article 143 of the Criminal Code of the Russian Federation. This article implies punishment in the form of a fine of up to 400,000 rubles. or in size wages or other income for a period of up to eighteen months. There is another version of punishment - corrective labor for up to two years, or forced labor for up to one year, or imprisonment for up to one year. In the event of the death of an employee, the manager may be imprisoned or sent to forced labor for up to four years. And in the event of the death of two or more employees, the manager faces imprisonment or forced labor for up to five years.