Requirements for organizations carrying out certification of workplaces. Certification of workplaces according to working conditions: procedure, deadlines, goals, documents

Assessment of workplaces

In accordance with Article 212 of the Labor Code Russian Federation " Responsibilities for ensuring safe working conditions and labor protection are assigned to the employer. The employer is obliged to ensure that workplaces are attested in terms of working conditions, followed by certification of the organization of work on labor protection.

Certification of workplaces (AWP) for working conditions- labor involves an assessment of working conditions at workplaces in order to identify harmful and (or) dangerous production factors and take measures to bring working conditions in line with state regulatory requirements for labor protection.

Assessment of workplaces according to working conditions, it includes a hygienic assessment of working conditions, an assessment of injury prevention and the provision of workers with personal protective equipment (hereinafter referred to as PPE) (paragraph 2 of the order of the Ministry of Health and Social Development No. 569 dated August 31, 2007).

The set of factors of the production environment and labor process that affect the performance and health of an employee (Article 209 of the Labor Code of the Russian Federation) is called working conditions.

Factors of the working environment: physical, chemical, biological.

Factors of the labor process: the severity and intensity of labor, injury safety.

Harmful factor of the working environment- a factor of the environment and the labor process, the impact of which on an employee can cause an occupational disease or other health disorder, damage to the health of offspring.

Hazardous working environment- a factor of the environment and the labor process, which can be the cause of an acute illness or a sudden sharp deterioration in health, death. Depending on the quantitative characteristics and duration of action, certain harmful factors in the working environment can become dangerous.

The main factors of the labor process

To the main factors of the labor process, i.e. factors constantly present at any workplace include the severity and (or) intensity of work, as well as injury prevention. Of the production or environmental factors at the workplace, there will be: the illumination of the workplace (working surface), usually indoors, and the microclimate parameters both indoors and outdoors.

The main documents on the basis of which certification of workplaces is carried out

1 Decree of the Russian Federation of 20.11.2008 No. 870 "On the establishment of reduced hours of work, annually additional paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special conditions labor".

2 Order of the Ministry of Health and Social Development dated August 31, 2007 No. 569 "On Approval of the Procedure for workplace attestation according to working conditions".

3 R 2.2.1766-03 Guidelines for the assessment of occupational health risks for employees. Organizational and methodological foundations, principles and evaluation criteria.

4 P 2.2.2006-05 Guidelines for the hygienic assessment of factors in the working environment and the labor process.

5 Guidelines. Safety assessment of workplaces for the purposes of their attestations according to working conditions.

Other documents used to measure and evaluate production factors, safety and security of PPE and overalls: POT, GOST, SanPiN, SP, RD, SN, TI, TON, etc.

What are the consequences of conducting or not conducting AWP?

Conducted ARM. If, as a result of the AWP for UT, workplaces with harmful and dangerous conditions were identified, then the employer must take measures to improve working conditions at these workplaces. Why is an action plan being developed to improve working conditions.

For the employer, the certification of workplaces has several positive aspects:

The possibility of reducing the cost of payments and the issuance of milk.

Guarantees in the event of claims from employees.

Not holding workplace attestation threatens with fines established by the Code of Administrative Offenses. An official is fined from 1 to 5 thousand rubles, a legal person - from 30 to 50 thousand. It should be noted here that it is not so much the amount of the fine that is important, but part 2 of article 5.27 of the same code, which says that if you are for the first time violated labor laws, then you will be fined, but if during the year you are caught again on the same one, then the inspector must send the materials to the court. And already in court the question of disqualification of the head for a period of one to three years will be raised.

Certification organizations.

An organization involved in the certification of workplaces in terms of working conditions must have the following package of documents:

1) a valid certificate of accreditation of a measuring, testing or analytical laboratory in the field of accreditation of which the types of measurements and assessments for which the laboratory is accredited are prescribed (issued by the accrediting body for a period of not more than 5 years). There can be several systems in which a laboratory is accredited (GOST R; SSOT; GSEN; SAAL);

2) not expired certificates, certificates, certificates of training and confirming the knowledge of the laboratory staff to measure the factors of the working environment and the labor process in specialized institutions.

Equally important when choosing an organization for attestation of workplaces is the experience in conducting attestation of workplaces in the area (industry) to which the organization being certified belongs.

In addition, I would like to note that when conducting an automated workplace for UT by a specialized organization involved for this purpose, the number of specialists who measure and evaluate harmful and dangerous production factors, as well as safety and security of PPE cannot be carried out by one person. As a rule, the group includes at least three people.

2. Agreement with the certifying organization.

Non-stationary or non-permanent jobs

Certification of non-stationary workplaces, that is, places with territorially changing working areas, where the working area is considered to be a part of the workplace equipped with the necessary means of production, in which one or more workers perform a work or operation of a similar nature (plumbers, electricians, construction workers) workers, etc.), is carried out by preliminary determination of typical technological operations with a relatively stable set and magnitude of harmful and (or) hazardous production factors and subsequent evaluation of these operations. The execution time of each operation is determined by an expert (based on local regulations) clause 14 of order No. 569.

fickle workplace - A place where a worker spends a smaller part (less than 50% or less than 2 hours continuously) of his working time.

What are the factors to be assessed in the workplace and how to determine them?

In accordance with paragraph 15 of Order No. 569, when attesting workplaces for working conditions, all harmful and (or) dangerous production factors (physical, chemical and biological factors), severity and (or) tension at the workplace are subject to assessment.

Compiles a complete list of workplaces of the organization in accordance with Appendix N 1 to the Procedure, with the allocation of similar jobs and an indication of the estimated working conditions, based on the characteristics technological process, the composition of production equipment, the raw materials and materials used, the results of previous measurements of indicators of harmful and (or) hazardous production factors, workers' complaints about working conditions (paragraph 11, subparagraph 3 of the Order of the Ministry of Health and Social Development No. 569 dated 31.08.2007)

All harmful and dangerous factors characteristic of the workplace, regulated by sanitary norms and rules, hygienic standards, as well as the severity and intensity of work, are subject to control. To compile a list of factors to be measured and evaluated, technical, organizational and administrative documentation, certificates of conformity for raw materials, materials, equipment, etc. are used. (R 2.2.2006-05 "Guidelines for the hygienic assessment of factors of the working environment and the labor process. Criteria and classification of working conditions", Appendix 6, paragraph 6.4).

Application of the results of certification of workplaces in terms of working conditions.

The results of certification of workplaces in terms of working conditions, carried out in accordance with the Procedure, are used for the purposes of:

1) monitoring the state of working conditions at the workplace and the correct provision of employees with certified personal and collective protective equipment;

2) assessment of occupational risk as the probability of damage (loss) to the health or death of an employee related to the performance of his duties under an employment contract and in other cases established by law, control and management of occupational risk, which involve the analysis and assessment of the health status of an employee in a causal connection with working conditions, informing subjects about the risk labor law, monitoring the dynamics of risk indicators, as well as taking measures to reduce the likelihood of damage to the health of workers;

3) providing employees hired with reliable information about working conditions at the workplace, about the existing risk of damage to health, about measures to protect against exposure to harmful and (or) hazardous production factors and relying on employees engaged in hard work and work with hazardous and (or) dangerous working conditions, guarantees and compensations;

4) provision of free certified special clothing, special footwear and other PPE, as well as flushing and neutralizing agents in accordance with established standards, to employees engaged in work with harmful working conditions, in work performed in special temperature conditions or associated with pollution;

5) preparation statistical reporting about working conditions;

6) subsequent confirmation of the compliance of the organization of work on labor protection with state regulatory requirements for labor protection;

7) preparation of contingents and a list of names of persons subject to mandatory preliminary (when applying for a job) and periodic (during labor activity) medical examinations(examinations) of employees, as well as extraordinary medical examinations (examinations);

8) calculation of discounts and premiums to the insurance rate in the system of compulsory social insurance of employees against industrial accidents and occupational diseases;

9) resolving the issue of the relationship of the disease with the profession in case of suspicion of an occupational disease, the diagnosis of an occupational disease;

10) substantiation of decisions taken in accordance with the established procedure on the application of administrative punishment in the form of an administrative suspension of the activities of organizations, their branches, representative offices, structural divisions, production equipment, sites;

11) consideration of the issue of suspension of the operation of buildings or structures, machinery and equipment, implementation certain types activities (works), provision of services due to a direct threat to the life or health of employees;

12) consideration of issues and disagreements related to the provision of safe working conditions for employees and the investigation of industrial accidents and occupational diseases that have occurred to them;

13) taking measures for proper sanitary and preventive maintenance of the employees of the organization;

14) substantiation of labor restrictions for certain categories of workers;

15) inclusion in labor contract characteristics of working conditions and compensations to employees for work in difficult, harmful and (or) dangerous working conditions;

16) substantiation of planning and financing of measures to improve working conditions and labor protection in organizations, including at the expense of funds for compulsory social insurance against industrial accidents and occupational diseases;

17) creating a data bank of existing working conditions at the organization level, municipality, the executive authority of the constituent entity of the Russian Federation and at the federal level;

18) carrying out activities to implement federal body executive power authorized to conduct state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms;

19) the application of liability measures provided for by law to persons guilty of violations of labor protection legislation.

After certification of workplaces in terms of working conditions ( paragraph 46 of the Order of the Ministry of Health and Social Development No. 569 dated August 31, 2007) the employer sends: a list of jobs (Appendix N 1), statements of jobs of the organization's divisions and the results of their certification in terms of working conditions (Appendix N 6) and a summary statement of the workplaces of the organization and the results of their certification on working conditions (Appendix N 7), including information in accordance with Appendix N 10 to this Procedure, to the State Labor Inspectorate in Moscow at the address: 115582, Moscow, st. Domodedovskaya, 24, bldg. 3, central box, 7th floor, office No. 9

Certification of workplaces according to the new law is replaced by a special assessment of working conditions(SUT) is a check of working conditions, organization of measures for their safety, determination of the presence of a health hazard. The SOUT rules are regulated by Federal Law No. 426-FZ of December 28, 2013 and the Labor Code of the Russian Federation. In this article, we will consider how certification of workplaces is carried out according to working conditions, what are the goals of the assessment, what order and list of necessary documents.

The purpose of the certification or special assessment of working conditions

The check is carried out in order to working conditions to established standards. For this you need:

• Monitor the status of jobs;
• Change the amount of insurance premiums in case of injury;
• Make a list of people who need to undergo a medical check;
• Provide personnel with protective equipment;
• Change the work schedule for employees during harmful conditions(to shorten the working day, to establish additional leave etc.);
• Change the technology of the process or suspend the operation of the workshop;
• Bring the names of positions in line with the All-Russian Classifier of Occupations;
• Apply sanctions for violations of labor protection.

Who evaluates working conditions

Every employer of any form of ownership is obliged to organize certification(individual entrepreneur, entity). Carried out by the attestation commission and an accredited organization engaged by the enterprise for paid basis. The composition of the commission is approved by the employer, it includes:

For large organizations	For small businesses and small businesses
Representatives of the head (heads structural departments, lawyers, personnel workers, payroll accountants, medical workers, etc.), one of them is appointed head of the commission.	The employer or his representative.
Occupational safety specialist.	A specialist engaged by employers to perform labor protection functions.
Union member.	Union member.
	Representative of an accredited organization.

Tasks of the commission:

• Manage and control all stages of the audit;
• Collection of necessary documents and their study;
• Drawing up a list of jobs that will be checked;
• Checking the compliance of the names of professions and positions with the Unified Directory;
• Numbering of workplaces;
• If necessary, propose changes to the obligations of the employer in the employment contract (providing protective equipment, changing the work schedule, providing bonuses to wages for harmfulness, etc.);
• Develop a plan to bring places in line with regulations.

An accredited organization is an independent entity. An employer may involve several organizations.

• Tasks of the attesting accredited organization:
• Determine the measurement methods and the composition of the specialists who will produce them;
• Examine the documents that provide working conditions;
• Request for clarification on emerging issues.

According to the contract, the attesting accredited organization must:

• Make the necessary measurements;
• Assess the compliance of places with standards;
• Compile an inspection report.

An accredited organization has the right to refuse to conduct an inspection if it does not provide the necessary documents or if there are no conditions for measurements.

According to Federal Law No. 426, ed. dated 01.01.2014, the following requirements are imposed on accredited organizations that carry out the SOUT:

• License to carry out SOUT.
• The composition should include at least five experts with certificates and at least one expert-specialist with higher education in any of the specialties: general hygienist, specialist in laboratory research, Occupational Health Physician.
• Availability of an accredited research laboratory.

If the organization does not meet the requirements, then its decision will be invalid.

Timing of the audit

The schedule of inspections is approved by the employer, between inspections the period must be at least five years. The next certification is still carried out, even if the results of the previous one showed full compliance with the standards. New places are certified no later than 60 days after the start of their operation.

There are situations when a check is carried out outside the plan:

• When changing equipment;
• When changing raw materials and materials;
• At industrial injuries or accidents;
• When making changes to technology;
• When taking measures to improve working conditions and bring them to the relevant standards;
• When changing protective equipment;
• At the suggestion of a trade union member;
• According to the results of the state examination;
• When new jobs appear.

The certification process

There are three stages of certification, this is an assessment: hygiene standards, injury risk, security. According to the results of the certification comprehensive assessment. When checking workplaces in production, the impact is checked following factors: biological, chemical and physical. When assessing the conditions of labor activity, the intensity of labor and its severity are checked.

Stage 1. Hygiene assessment

It is carried out in accordance with the guidelines: R 2.2.013-94 and R 2.2.2006-05. Sanitary conditions for work are assessed, whether hygiene rules are observed, whether there are any violations by the employer, whether all conditions have been created for the safety of the employee. Laboratory examinations and sampling are carried out.

According to the results of the assessment, labor conditions are divided into 4 classes of harmfulness: optimal, permissible, harmful and dangerous.

Stage 2. Injury assessment

The assessment checks working equipment, namely: operational documents; is there any protection when working on this equipment; the presence of fences, signal markings, blocking, etc.; serviceability of signals about breakage, emergency start, interruption of power supply, etc.; protection of equipment and electrical wiring from external influences. The tools and fixtures necessary for the work are assessed, whether they comply with the standards.

The Commission is guided by the following requirements for protection against: mechanical influences, exposure to electricity, toxic chemicals, exposure to temperatures, etc. After the evaluation, the working conditions are divided into three classes: optimal, acceptable, dangerous.

Stage 3. Assessment of personal protective equipment

Employees of the company must be provided with the necessary protective equipment. They must meet the following requirements: have certificates, comply with regulations, meet actual working conditions. If at least one non-compliance with the procedure is found, the workplace is considered not provided with protective equipment.

Final assessment of working conditions

Upon completion of certification, a comprehensive assessment of working conditions is carried out, based on the results of all three stages. After that, a final decision is made - whether the workplace meets state regulatory requirements or does not.

Penalties for violation of the rules for a special assessment of working conditions

Responsibility for the conduct and accuracy of the data lies with the employer. In case of violation, an administrative fine is imposed in the amount of 50 to 80 thousand rubles. The amounts of administrative fines that came into effect on January 01, 2015 are presented in the table below.

Type of violation	The amount of the administrative fine (rub.)
Violation of labor law	Up to 50,000
Violation of the verification procedure	Up to 80,000
For the admission of persons who have not been trained in labor protection	Up to 130,000
For non-compliance with labor protection standards	Up to 150,000
For repeated non-compliance with labor protection standards

A simple example #1 of determining the punishment for violating the rules for attestation

The company introduced new jobs on May 01, 2016. The employer began to conduct certification of new jobs on August 01, 2016. Are there any violations? What will be the punishment?

There is a violation, since the verification must be carried out within 60 days from the date of the introduction of new jobs. An administrative fine in the amount of 80,000 rubles is imposed on the organization.

Workplaces subject to certification

All workplaces in the organization are subject to certification. The exception is similar (similar) jobs. If the enterprise has such places, then only a part of them is evaluated, namely only 20%, but not less than two.

Similar places must meet the following criteria:

• Positions and professions have the same names;
• Unified technology of work, process;
• A single list of responsibilities;
• Work on the same equipment, using the same raw materials, fixtures, tools, inventory, etc.;
• Similar working premises (either this is one room for all, or it is work in the open air);
• Similar working conditions have been created (air temperature, air conditioning, heating, ventilation, lighting, etc.);
• Same work schedule
• The layout of the equipment is the same;
• Harmfulness of production of one class and one type;
• The same protective equipment.

One attestation card is issued for similar places. The result of the assessment (elimination of deficiencies, improvement measures, premiums for harmfulness, etc.) applies to all similar places.

Example #2. Classifying jobs as similar

The sewing factory employs 8 seamstresses. They have the same working conditions, the same sewing machines, work technology, the same job titles, the same work schedule and the raw materials used. Are the jobs similar and how many jobs need to be assessed?

8 jobs are similar. 20% of places, but not less than two, must pass certification.

8 * 20% = 1.6, so you need to check 2 similar working metas. If, as a result of checking these places, a decision is made to improve working conditions, then this decision will be extended to all 8 places.

Documents required for the assessment of labor conditions

The table below shows Required documents for, which will be required before certification, in the immediate process of assessment and after verification.

Before the beginning	Under evaluation	After the
The order of the head on the creation of the commission and its list. Schedule approved by the manager.	List of places to be checked. Attestation cards for each workplace. Summary sheet of test results. Table of harmfulness classes and allowances for harmfulness. Conclusions based on the results of the state examination (if any). Infringement notices (if any). Information about the accredited organization. Minutes of the committee meeting. Action plan to improve working conditions.	Certificate of Completion. Approved Attestation Report

The order to complete the certification is signed by the head within 10 days. The manager acquaints the employee with the results of the check against signature. After that, within 10 calendar days, the employer must provide state inspection labor in paper and in electronic format: summary sheet of inspection results and information about the accredited organization. The data on the results of the SOUT are posted on the official website of the company within 30 days.

Frequently Asked Questions

Question number 1. Is certification of workplaces carried out for office workers?

Yes, it is carried out, since certification, according to Federal Law No. 426, must be carried out for all jobs. Most likely, the workplaces of office workers will be recognized as similar, then only 20% of the places will need to be checked, but at least two.

Question number 2. Who is responsible for compliance with the certification rules?

The employer is responsible. In case of violation, an administrative fine is imposed from 50 to 200 thousand rubles.

Question number 3. Who conducts certification?

Certification is carried out by an attestation commission appointed by the head and an independent accredited organization.

Question number 4. When is certification required?

Once every five years, and for new locations within 60 days. In certain cases, unscheduled certification is carried out.

Question number 5. Can an accredited commission refuse to conduct an audit?

Yes, it can, if the employer has not provided all the necessary documents and conditions for taking measurements.

From September 1, 2011 began to operate new order certification of workplaces according to working conditions. The document describes in more detail the regulations for this complex procedure, the composition of the participants, their duties and requirements for them.

By order of the Ministry of Health and Social Development of Russia dated April 26, 2011 N 342n, a new Procedure for attesting workplaces in terms of working conditions (hereinafter referred to as the Procedure) was approved. It entered into force on September 1, 2011.
Up to this point, the previous Certification Procedure was in effect, which was approved by the Order of the Ministry of Health and Social Development of Russia dated August 31, 2007 N 569 "On Approval of the Procedure for Certification of Workplaces for Working Conditions."

What is the certification of workplaces for working conditions

Certification of workplaces for working conditions is an assessment of working conditions at workplaces. It is carried out in order to:
- identification of harmful and (or) dangerous production factors;
- implementation of measures to bring working conditions in line with state regulatory requirements for labor protection.
This is stated in Art. 209 of the Labor Code.

Legal grounds for certification

Before we move on to the consideration of the new Procedure, we recall the provisions of the Labor Code that regulate the rules and procedures for certification.

Employer's obligations

The employer is obliged to provide safe conditions and labor protection. In this regard, he must take certain measures, including the certification of workplaces for working conditions. This is established in Art. 212 of the Labor Code.

Who sets the certification rules

Certification of workplaces in terms of working conditions is carried out in the manner established by the federal executive body that performs the functions of developing public policy and legal regulation in the sphere of labor (Article 209 of the Labor Code of the Russian Federation). Such an agency today is the Ministry of Health and Social Development of Russia (Decree of the Government of the Russian Federation of June 30, 2004 N 321).

Note. Certification and contributions to the FSS of the Russian Federation
The Ministry of Health and Social Development of Russia plans to amend Art. Art. 17 and 22 federal law dated 24.07.1998 N 125-FZ. It is possible that employers will be required to report to the FSS of the Russian Federation information on the results of attestation of workplaces in terms of working conditions and mandatory medical examinations of employees.

The draft also provides that the amount of a discount or premium to the insurance rate will be calculated based on the results of the company's work for three years, taking into account the state of labor protection, including the results of attestation of workplaces for working conditions and mandatory medical examinations of employees. Currently, one prior year is included in the calculation.

Why certification is needed

According to paragraph 3 of the Procedure, the results of certification of workplaces for working conditions are necessary:
- to monitor the state of working conditions in the workplace;
- application of discounts (surcharges) to the insurance rate of contributions in case of injury;
- preparation of a list of names of persons subject to mandatory medical examinations;
- providing employees with personal protective equipment;
- establishment of reduced working hours, annual additional paid leave, increased wages for employees engaged in hard work, work with harmful and (or) dangerous and other special working conditions;
- bringing the names of positions (professions) into line with the names specified in the All-Russian Classifier of Professions of Workers, Positions of Employees and tariff categories etc.

Who should certify

Certification, as before, should be carried out by employers, regardless of their organizational and legal forms and forms of ownership (clause 1 of the Order):
- legal entities;
- individual entrepreneurs.
For employers - individuals, which are not individual entrepreneurs, the requirements of the Order do not apply.

When is the certification

The timing of certification is set by the employer based on the fact that each workplace must be certified at least once every five years (clause 8 of the Procedure). This position has remained unchanged. However, now the Procedure states that the specified period is counted from the date of completion of the previous certification. The date of issuance of the order on the approval of the composition is taken as the start date for the next certification. attestation commission and certification schedule.

The new Procedure states that the certification of newly organized workplaces must be started no later than 60 working days after they are put into operation. Previously, paragraph 7 of the previous Procedure provided that newly created jobs are subject to certification after they are put into operation.

Unscheduled certification

The concept of unscheduled certification has been introduced. It is carried out (clauses 47 and 48 of the Order):
- when commissioning newly organized jobs - in full;
- according to the results of the state examination of working conditions, carried out in order to assess the quality of the certification procedure;
- when taking measures to bring working conditions in line with state regulatory requirements for labor protection, as well as measures to improve working conditions;
- replacement of production equipment;
- in case of a change in the technological process;
- changes in the means of collective protection.
The results of unscheduled certification are issued in general order. At the same time, a new attestation card is created for each workplace, taking into account changes and additions (we will talk about it and other documents that need to be issued during the certification of workplaces in the next issue).

What jobs are subject to certification

All workplaces of the company are subject to certification (clause 4 of the Order). However, in individual cases measurements, as well as the assessment of factors in the working environment and the labor process, may threaten the safety of workers or specialists conducting certification.
In such situations, the attestation commission makes a reasoned decision that measurements and evaluation will not be carried out, the working conditions at these workplaces are classified as dangerous. Such a decision is drawn up in writing, it is signed by the members of the attestation commission and attached to the attestation materials.

Similar jobs. There is such a thing as similar jobs. The assessment of production factors at such workplaces is carried out on the basis of data obtained during the certification of 20% of workplaces (but not less than two).

Jobs are recognized as similar if:
- professions or positions have one name;
- when conducting the same type of technological process in the same mode of operation, the same professional duties are performed;
- the same type of production equipment, tools, fixtures, materials and raw materials are used;
- work is carried out in one or more similar premises or outdoors;
- the same type of ventilation, air conditioning, heating and lighting systems are used;
- production equipment, vehicles, etc. located at the workplace in the same way;
- there is the same set of harmful and (or) hazardous production factors of the same class and degree;
- there is the same provision with personal protective equipment (this item appeared in the new Order).
If all conditions are met, jobs are recognized as similar. If at least one job that does not meet the criteria of similarity is identified, 100% of jobs are evaluated. After that, a new list of jobs subject to certification is determined.
For similar jobs, one job attestation card for working conditions is filled out.
Working conditions and measures to improve them, established for at least one workplace out of 20% of similar workplaces, are the same for all similar workplaces (clause 40 of the Order).
Non-stationary jobs. If the workplace is not stationary, the procedure for its certification changes somewhat.
First, typical technological operations are determined with a stable set and magnitude of harmful and (or) hazardous production factors. These operations are then evaluated. The execution time of each operation is determined by an expert (based on local regulations), by interviewing employees and their immediate supervisors.

About responsibility

Now, in paragraph 52 of the Procedure, it is clearly stated that the employer is responsible for the certification, reliability and completeness of the submission of information to the state labor inspectorate. Responsibility for the reliability of measurements and assessments lies with the employer and the certifying organization. There was no such rule in the previous order.
Recall that violation of labor legislation and labor protection threatens with administrative fines (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). For an official, it will be from 1000 to 5000 rubles. (and if it was previously subjected to administrative punishment for a similar offense, then this may result in disqualification for a period of one to three years). For entrepreneurs, the fine will be from 1000 to 5000 rubles. or administrative suspension of activities for up to 90 days. The company may part with the amount of 30,000 - 50,000 rubles, or its activities will be suspended for up to 90 days.

Distribution of responsibilities for certification

In the new Procedure, the responsibilities for organizing and conducting certification between its participants are more clearly distributed.
Certification is carried out jointly by the employer and the certification organization. She is attracted on the basis of a civil law contract (clause 6 of the Order). Previously, the certifying organization was involved only when necessary.

Certifying commission

The new Procedure provides that the certification commission is created by the employer. It also determines the schedule for the certification work.
Composition of the attestation commission. The attestation commission should consist (clause 10 of the Procedure):
- from representatives of the employer (heads of structural divisions, lawyers, specialists in personnel, labor and wages, chief specialists, medical workers and other employees). Some of them will lead the certification commission;
- labor protection specialist;
- a representative of the elected body of the primary trade union organization or other representative body of workers;
- representatives of the certifying organization. They also assess the compliance of working conditions with state regulatory requirements for labor protection (clauses 14, 20 and 29 of the Order).
A new rule has been introduced into the Order that concerns microenterprises and small businesses. If attestation is carried out at their place, the composition of the attestation commission can be reduced. It includes (clause 10 of the Order):
- the employer (his representative);
- representatives of the certifying organization;
- representatives of the elected body of the primary trade union organization or other representative body of employees (if any);
- representatives of an organization or a specialist engaged by the employer under a civil law contract to carry out the functions of the labor protection service (labor protection specialist).

Responsibilities of the certification committee. According to clause 12 of the Procedure, the certification commission must perform the following actions:
1. Manage and control the certification at all its stages.
2. Form a set of regulatory legal and local regulations, organizational, administrative and methodological documents necessary for attestation and organize their study.
3. Draw up a list of jobs subject to certification (its sample is given in Appendix No. 1 to the Procedure).
4. Prepare proposals for bringing the names of professions and positions of workers in line with their names in the ETKS of works and professions of workers (ETKS of positions of managers, specialists and employees).
5. Assign a unique serial number to each workplace (no more than eight characters).
6. Fill out and sign attestation cards.
7. Prepare proposals (if necessary) on amendments and (or) additions to the employment contract in terms of the obligation of the employer:
- to provide the employee with personal protective equipment;
- establishment of an appropriate regime of work and rest;
- to provide employees with other guarantees and compensations for work with harmful and (or) dangerous working conditions.
8. Based on the results of certification, develop an action plan to bring working conditions in line with state regulatory requirements for labor protection. It says so in Art. 211 of the Labor Code.

Certifying organization

The new rules clearly define the requirements for the certifying organization. It can be a legal entity accredited in the manner prescribed by the Order of the Ministry of Health and Social Development of Russia dated April 1, 2010 N 205n.
The certifying organization must be an independent person in relation to the company, at the workplaces of which the certification is carried out.
The employer has the right to involve several attesting organizations. The work between them can be distributed both by the number of workplaces subject to certification, and by the types of work performed at the workplaces.
The employer concludes an agreement with the certifying organization, according to which it is obliged:
- make measurements;
- assess the compliance of working conditions with state regulatory requirements for labor protection;
- draw up and prepare an attestation report;
- submit at the request of the employer justification of the conclusions drawn.
During certification, the certifying organization:
- determines the methods for carrying out measurements and assessments, quantitative and personnel specialists conducting measurements and evaluation;
- examines in full the documentation related to the organization of work to ensure the requirements of labor protection in the company, at the workplace of which certification is carried out;
- requests and receives from the employer (his representative) clarifications on issues that have arisen during the certification.
The organization may refuse to conduct certification if the employer fails to provide the necessary documentation or refuses to provide the conditions required by the regulatory documentation for measurements and assessments.

How is the certification

The attestation commission must assess the compliance of working conditions with state regulatory requirements for labor protection. To do this, the following assessment is carried out sequentially:
- compliance of working conditions with hygienic standards;
- traumatic workplaces;
- provision of workers with personal protective equipment (hereinafter referred to as PPE);
- working conditions at workplaces (complex).

Evaluation according to hygienic standards

In this case, the certifiers must evaluate all the factors of the working environment and the labor process available at the workplace that are characteristic of the technological process and equipment used at this place (clause 15 of the Order).
The list of factors of the working environment and the labor process to be assessed is formed based on the state regulatory requirements for labor protection, the characteristics of the technological process and production equipment, the raw materials and materials used, the results of previous measurements of indicators of harmful and (or) hazardous production factors, as well as the proposals of employees .
Instrumental measurements are used for evaluation. In addition, they analyze the levels of factors of the production environment and the labor process in the course of the implementation of regular production (technological) processes and (or) the regular activities of the organization.
Hygienic assessment of working conditions should be carried out in accordance with the document "Guidelines for the hygienic assessment of factors of the working environment and the labor process. Criteria and classification of working conditions" (R 2.2.2006-05), approved on July 29, 2005 by the Chief State Sanitary Doctor of the Russian Federation. According to this Guide, there are (Table 1) four classes of harmfulness and danger of workplaces. All data recorded during the assessment of hygienic standards is entered into the protocol of measurements and assessments (we will talk about filling it out in the next issue).

Workplace injury risk assessment

When assessing the injury risk of workplaces, the certifying organization examines (clause 21 of the Procedure):
1) production equipment. In particular, the presence and compliance with the standard are checked for:
- a set of operational documentation;
- means of protecting workers from the impact of moving parts of production equipment, as well as flying objects;
- fencing of elements of production equipment, damage to which is associated with the occurrence of danger, including the presence of latches, interlocks, sealing and other elements, signal coloring and safety signs;
- signaling devices for violations of the normal functioning of production equipment, emergency stop means, including the presence of devices that make it possible to exclude the occurrence dangerous situations in case of complete or partial interruption of power supply and its subsequent restoration, as well as damage to the power supply control circuit (spontaneous start when power supply is restored, failure to execute an already issued stop command);
- protection of electrical equipment, electrical wiring from various kinds of influences;
2) fixtures and tools used in the implementation of technological processes;
3) compliance of training of employees on labor protection issues with the established requirements (joint Decree of the Ministry of Labor of Russia and the Ministry of Education of Russia dated January 13, 2003 N 1/29).
The certifying organization finds out whether the above objects comply with the requirements of labor protection (their failure to comply may lead to injury to workers), including:
- requirements for protection against mechanical impacts;
- requirements for protection against the effects of electric current;
- requirements for protection against exposure to high or low temperatures;
- requirements for protection against toxic effects chemical substances.
Assessing the injury hazard of production equipment, specialists analyze the technical documentation that contains safety requirements for the performance of work, conduct an external inspection of the equipment during regular work for compliance of its condition with the requirements of the current regulatory legal acts on labor protection.
Tools and fixtures are inspected and checked for compliance of their condition with the requirements of regulatory legal acts on labor protection.

They can also check for certificates or declarations of compliance with safety requirements.
According to the results of the injury risk assessment, working conditions are classified into three classes.

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Assessment of the provision of workers with PPE

After the hygienic working conditions and injury risk of workplaces are assessed, the next stage of certification begins - the assessment of the provision of workers with personal protective equipment.
To assess the provision of workers with PPE, the specialists of the certification organization:
- compare the nomenclature of the actually issued PPE with the corresponding standard norms for the free issue of PPE to employees;
- check the availability of certificates (declarations) of compliance with PPE issued to employees;
- check whether the procedure for providing employees with PPE is being followed (established by Order of the Ministry of Health and Social Development of Russia dated 01.06.2009 N 290n);
- evaluate the compliance of the issued PPE with the actual state of working conditions at the workplace.
The workplace is considered to meet the requirements for the provision of PPE to employees, subject to compliance with all requirements for the provision of PPE. In the presence of one or more non-compliances, the workplace is considered not to meet the requirements for providing employees with PPE.
If the issuance of personal protective equipment is provided for by the model norms for the free issue of PPE to employees, established by law, and is required according to the actual state of working conditions, the assessment of the provision of workers with personal protective equipment is documented in the protocol for assessing the provision of workers with PPE at the workplace. Its sample is given in Appendix No. 5 to the Procedure.
To carry out certification of workplaces according to working conditions, the employer should prepare a number of documents

Certification results

Based on the results of certification, a comprehensive assessment of the state of working conditions at the workplace is carried out. It includes the results of all previous assessments (clause 36 of the Order). In table. 4 on p. 102 reflects the relationship between the results of the evaluation of each stage of certification and the final decision (clause 37 of the Procedure). Please note that the concept of "conditionally certified", as before, does not apply.

When classifying working conditions as hazardous, the company must develop and implement a set of measures aimed at reducing the level of exposure to hazardous factors in the working environment and the labor process or at reducing the time of their exposure.

We report to the labor inspectorate

After the certification, the employer, within 10 calendar days from the date of issuance of the order to complete the certification and approval of the certification report, must send to the state labor inspectorate in the constituent entity of the Russian Federation (clause 45 of the Procedure):
- a summary sheet of the results of attestation of workplaces in terms of working conditions;
The company must send documents on paper and electronic media.
On electronic media, these documents are transmitted by the certifying organization to federal system collection, processing and storage of data.
Prior to the entry into force of the new Procedure for attestation of workplaces for working conditions, the employer company had to send to labor inspection:
- list of certified workplaces;
- statements of workplaces of departments of the organization and the results of their certification;
- a summary sheet of workplaces of the organization and the results of their certification;
- information about the certifying organization.

• Hazard classes according to hygienic working conditions (RTF 66.659 Kb)
• Workplace Injury Class (RTF 44.699 Kb)

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The most important concrete direction in the work on prevention occupational injury and occupational morbidity, is certification of workplaces according to working conditions, this Russian version of the classic analysis, assessment and risk management in the workplace.

The Labor Code of the Russian Federation defines certification of workplaces for working conditions as an assessment of working conditions at workplaces in order to identify harmful and (or) dangerous production factors and take measures to bring working conditions in line with state regulatory requirements for labor protection.

Certification of workplaces in terms of working conditions allows you to identify and objectively evaluate hazardous and harmful production factors in the workplace.

The certification of workplaces, in turn, subject to the establishment of the procedure and norms for the free issuance of these protective equipment, will allow employers to more fully provide their employees with protective equipment depending on working conditions at each workplace and thereby contribute to a significant improvement in the work of workers.

The procedure for certification of workplaces

In accordance with Article 212 of the Labor Code of the Russian Federation, the employer is obliged to ensure that workplaces are attested in terms of working conditions.
Certification of workplaces in terms of working conditions is carried out in the manner established by the federal executive body responsible for the development of state policy and legal regulation in the field of labor.

Certification of workplaces makes it possible to objectively evaluate each workplace from a number of basic positions:

• on individual factors of the production environment;
• according to the intensity and severity of the labor process;
• on safety of the workplace;
• on the provision of the employee with personal protective equipment.

The actual result of the certification is knowledge of the situation about working conditions and their dangers, the formal result is completed certification cards. It is job attestation cards that become the basis for all subsequent actions, and the entire preventive work on the prevention of industrial injuries and occupational morbidity.

The main options for certification of workplaces for working conditions

According to the first option the entire complex of works is carried out entirely by the institution itself.

The practice of certification of workplaces convincingly shows that only individual institutions with an average number of employees can successfully cope with this work.

According to the second option the entire complex of works is performed completely (“on a turn-key basis”) by a third-party organization (having permission to carry out this type of work.

According to the third, most optimal, option, the entire range of work is carried out mainly by the institution itself jointly and under the methodological guidance of specialists from a third-party specialized organization (which has permission to carry out this type of work, as a rule, to regional labor protection centers). At the same time, a third-party organization provides qualified assistance in the implementation of measurements and training of personnel for carrying out individual elements of attestation of workplaces in the field by the institution.

The main regulatory document for organizing and conducting certification of workplaces in terms of working conditions is " Regulations on the procedure for attestation of workplaces in terms of working conditions "( further Regulation ), approved by the decree of the Ministry of Labor and social development of the Russian Federation dated March 14, 1997 No. 12 (entered into force on July 1, 1997). On September 1, 2008, a new “Procedure for attestation of workplaces in terms of working conditions” comes into effect, approved by order of the Ministry of Health and Social Development of Russia dated August 31, 2007 No. 569.

Certification deadlines:

are established at least once every 5 years from the date of the last measurements;

workplaces are subject to mandatory recertification after the replacement of the equipment used, changes in the technological process, reconstruction of collective protective equipment, etc., as well as at the request of the State Expertise of working conditions of the constituent entities of the Russian Federation in case of violations during the certification of workplaces in terms of working conditions;
the results of recertification are drawn up in the form of an appendix for the relevant positions to the Card for attestation of the workplace in terms of working conditions. It should be remembered that the certification of workplaces for working conditions is a long-term, in fact permanent, work of any institution!

Stages of certification

1. Preparatory stage;
2. The main stage (the actual certification of jobs);
3. Final stage;
4. Evaluation and use of the obtained results;
5. Preparation of the institution for certification of work on labor protection.
Let us now analyze the content of the work at various stages of their implementation.
At the preparatory stage, the following activities are carried out.

1.1. The head of the institution or, on his behalf, one of the employees - the future chairman of the attestation commission forms the composition of the attestation commission.
To certify jobs in small organizations, it is recommended to create an attestation commission consisting of: the head of the institution or his deputy - the chairman of the commission, a labor protection specialist, a mechanic, a specialist personnel service, Labor Department Specialist and wages, power engineer, technologist, chairman of the trade union committee, etc. Each institution independently determines the composition of the certification commission.
In institutions with a larger number, as a rule, a central attestation commission and commissions in subdivisions are created.
The composition of the commissions is approved by the order of the establishment. The option of carrying out certification on divisions is possible.

1.2. It is advisable to start certification of workplaces in terms of working conditions with the training of members of the certification commission by contacting regional labor protection centers or other training centers, preferably under the labor authorities of the constituent entities of the Russian Federation, having permits to maintain educational activities and sufficient experience in the procedure for attestation of workplaces for working conditions.
To do this, the chairman of the commission must organize the provision of methodological assistance by inviting the regional center for labor protection and holding two or three day classes (educational seminar) with members of the commissions. To do this, the following sequence of actions is carried out.

1.3. The head of the institution issues an order on certification of workplaces, indicating its terms.

1.4. The certification commission develops a schedule for the establishment and certification of workplaces in terms of working conditions, in which it is necessary to distribute the activities and stages of certification, indicate the timing and responsible executors.
It is advisable to carry out certification of workplaces first in the main divisions, and then in the auxiliary ones. This will avoid taking measurements of repetitive factors in the same place for various categories workers. For example, the results of measurements of factors at the workplace of the main production can be taken as a basis for auxiliary services of the corresponding workplaces (repairmen, managers, etc.) when specifying the time of exposure, and only if necessary, it is possible to additionally measure the missing factors.

1.5. Since all hazardous and harmful production factors (physical, chemical, biological), the severity and intensity of labor at the workplace, the attestation commission forms lists of workplaces subject to certification, indicating harmful factors for instrumental measurements .
To compile a list of jobs subject to certification, it is recommended to use the staffing table, " All-Russian classifier professions of workers, positions of employees and wage categories "OK 016-94.
When compiling the list, the attestation commission proceeds from:
technological process characteristics;
equipment composition;
applied raw materials and materials;
similar data from earlier measurements of the levels of dangerous and harmful production factors, the severity and intensity of the labor process;
employee complaints about working conditions.
In institutions where there are technological regulations, the characteristic of the technological process can be obtained from this document. It also provides detailed data on harmful production factors, the appearance of which is due to the technological process, as well as describes their main sources.
The main factors subject to mandatory assessment are: the intensity of the labor process, the severity of the labor process. It does not require any special Money. This work can and should be performed by specialists of the institution - members of the attestation commissions according to the methods and proposed samples of completed protocols for assessing the severity and intensity of the labor process.
Mandatory measurable factors include microclimate parameters and illumination at workplaces, levels of electromagnetic radiation (at workplaces with computers).
The whole set of harmful and dangerous production factors in the workplace is formed due to the presence of raw materials and materials (or semi-finished products), as well as processed products that have properties harmful to humans, with which the employee comes into contact. To this should be added harmful factors arising directly from the operation of technological equipment (heating, cooling, noise and vibration from the operation of equipment, ventilation and air purification systems, hand and power tools, etc.).
The compiled list of jobs with indication of harmful factors is approved by the chairman of the attestation commission.

1.6. The certification commission draws up a list of regulatory documents that it will need to assess the injury safety factor, the provision of workers with personal protective equipment.

For the purposes of safety workplaces, it is recommended to use two types of protocols: one is designed for systematic obtaining information on the training of employees in labor protection, as well as to test knowledge of electrical safety, etc., the other - to enter all equipment, tools and fixtures for all workplaces included in the List of workplaces. Similar protocols must be filled out on PPE, the severity and intensity of labor, etc.

In order to assess workplaces by the severity and intensity of the labor process, as well as the time of exposure to harmful factors, it is recommended to compile timekeeping of working hours for each workplace (photo of the working day). The protocols of the preliminary survey of workplaces to a large extent streamline the work of direct executors.

In order to simplify the tasks assigned to the direct executors, it is recommended to prepare samples of completed attestation protocols for some similar jobs.

After organizing such work and filling out the protocols of the preliminary examination, photographs of the working day, a list of normative and legal documents. If it was prepared in advance, then any changes and additions are made to it.

Functions of the attestation commission:

• implementation of methodological guidance and control over the certification of workplaces for working conditions at all its stages in all departments;
• the formation of all the necessary regulatory and reference base for the certification of workplaces and the organization of its study by the participants in the certification process;
• drafting complete list workplaces of the institution with the allocation of similar in nature of work performed and working conditions;
• identification based on the causes of industrial injuries in the institution of the most traumatic areas, works and equipment;
• compiling a list of hazardous and harmful factors of the working environment, indicators of the severity and intensity of the labor process to be assessed at each workplace, based on the characteristics of the technological process, the composition of the equipment, the raw materials and materials used, the data of previous measurements of indicators of hazardous and harmful production factors, severity and tension of the labor process, complaints of employees about working conditions;
• assignment of codes to industries, workshops, sections, workplaces for carrying out automated processing results of attestation of workplaces in terms of working conditions;
• conducting certification of specific jobs and making decisions on the further use of jobs;
• development of proposals for the improvement and improvement of working conditions;
• preparation of the institution for certification of work on labor protection.

In relatively large institutions, with a staff of 500 or more, as a rule, commissions are created in structural divisions.

If the duties (and responsibilities) of the chairman of the central commission and his deputies include organizing and managing all work on the procedure for attestation of workplaces, including obligations to comply with certification schedules and the quality of certification materials, then the chairmen of commissions in structural divisions are responsible:

• for organizing and performing work on certification of workplaces (collecting initial data, performing instrumental measurements of harmful and dangerous factors, filling out certification cards, etc.);
• for the preparation of a summary sheet in a structural unit, for the development of measures to improve the working conditions of employees, for holding meetings of the attestation commission;
• for the provision of materials for attestation of workplaces to the central attestation commission.

Determination of the actual values ​​of hazardous and harmful production factors in the workplace

When attesting a workplace for working conditions, all hazardous and harmful production factors (physical, chemical, biological), the severity and intensity of labor at the workplace are subject to assessment.

This assessment is carried out according to the hygienic criteria defined in the Guidelines for the Hygienic Assessment of Work Environment and Work Process Factors. Criteria and classification of working conditions ”(Guideline 2.2.2006-05) put into effect on November 1, 2005.
Please note that this Guide has replaced the generally accepted and official (according to Labor Code RF) the terms "working environment", "hazardous production factor", "harmful production factor" by new, and, in our opinion, not entirely successful, terms "working environment", "harmful factor", "harmful factor of the working environment", " dangerous factor of the working environment”, practically without changing their meaning and content of the concept, which can cause certain complexity and confusion in the preparation of official labor protection documents in practice and to which we cannot but draw the attention of our listeners.

When carrying out measurements, it is necessary to use the measuring instruments specified in the regulatory documents. The measuring instruments used must be metrologically certified and verified by state verification bodies within the established time limits.

Instrumental measurements of the levels of production factors are documented in protocols.

The form of protocols is established normative documents, which determine the procedure for measuring the levels of indicators of a particular factor.

The protocols must contain the following data:

• the name and code of the subdivision of the establishment of the workplace;
• date of measurements;
• the name of the third-party organization (or its subdivision) involved in the measurement;
• the name of the measured production factor;
• measuring instrument (name of the device, instrument, date of verification and number of the certificate of verification);
• measurement method with indication of the normative document on the basis of which the measurement is carried out;
• place of measurement, sketch of the room indicating the point of measurement (sampling);
• the actual value of the measured parameter;
• position, surname, initials and signatures of the employee who carried out the measurements and the representative of the administration of the facility where the measurements were taken;
• signature responsible person, seal of a third-party organization (or a stamp of its division), involved in the measurement.

Similar information is indicated when drawing up protocols for determining the severity and intensity of the labor process. Considering that the assessment of the severity and intensity of the labor process is carried out by the organization independently, the following are methods for assessing the severity and intensity of the labor process, as well as recommendations for measuring and assessing the factors of the production environment using laboratory and instrumental research methods.

Safety assessment of workplaces

The main objects for assessing the safety of workplaces are:

1. production equipment;
2. fixtures and tools;
3. provision of means of training and instruction.

Evaluation of production equipment, fixtures and tools is carried out on the basis of current and applicable regulatory legal acts on labor protection (state and industry standards, labor protection rules, standard instructions on labor protection, etc.).

Methodological basis d To carry out certification of workplaces according to the safety factor, there are “Guidelines for assessing the safety of workplaces for the purpose of their certification in terms of working conditions. MU OT RM 02-99.

Before assessing the safety of workplaces, the presence, correctness of maintenance and compliance with the requirements of regulatory documents in terms of ensuring labor safety are checked.

Injury safety assessment is carried out by checking the compliance of production equipment, fixtures and tools, as well as training and instruction tools with the requirements of regulatory legal acts. In this case, it is necessary to take into account the availability of safety certificates of the established sample for production equipment.

In cases where production equipment and fixtures at the workplace were manufactured before the regulatory legal acts that apply to them came into force, or when these documents were not developed and approved in the prescribed manner, the injury safety assessment of production equipment and fixtures is carried out for compliance with the requirements set forth in national regulatory legal acts that ensure safe working conditions at workplaces, including:

• availability of means of protecting workers from the impact of moving parts of equipment that are a source of danger;
• fencing of cables and other elements, the damage of which may cause danger;
• availability and compliance with regulatory requirements of signal coloring and safety signs;
• ensuring the functioning of protective equipment during the action of the corresponding dangerous or harmful production factor;
• exclusion of hazardous situations in case of complete or partial interruption of power supply and its subsequent restoration, as well as in case of damage to the power supply control circuit;
• protection of electrical equipment, electrical wiring (including grounding) from mechanical influences, rodents and insects, penetration of solvents, making connections of wires and cables in junction boxes, inside the housings of electrical products, devices, machines;
• compliance with the size of passages and passages to regulatory requirements; appropriate location and execution of controls (including emergency stop devices) for vehicles;
• equipping vehicles with protective equipment and safety signs;
• availability of labor protection instructions and their compliance with regulatory documents;
• availability and compliance hand tool and fixtures.

The assessment of the safety of the workplace is documented in a protocol.

When choosing the regulatory legal documents that are required to assess injury safety, one should be guided by the Decree of the Government of the Russian Federation of May 23, 2000 No. 399 “On regulatory legal acts containing state regulatory requirements for labor protection”. According to this document, when assessing the safety of equipment, fixtures and tools, it is recommended to use first of all documents located at the top of the table - intersectoral rules on labor protection. If for this equipment there are no relevant Intersectoral Rules, then the industry rules on labor protection, etc. are used. In the absence of approved normative legal acts on labor protection of direct action or their insufficient quality, national rules and standards on labor protection should be applied: GOST 12.2.003-91 “Production equipment. General requirements security"; GOST R 12.4.026-2001 “Signal colors, safety signs, signal markings. Purpose and rules of application. Are common technical requirements and characteristics. Test methods"; GOST 12.0.004-90 “Organization of labor safety training. General provisions”, etc. In the injury safety assessment protocol, several NPAs from the list should be used, since often not all features of production equipment can be assessed with one document. A similar situation arises when evaluating devices and tools, means of instruction and training in labor protection.

In the safety protocol, it is not necessary to completely rewrite all sections of the regulatory documents that are used in the assessment, it should only reflect the most important points and inconsistencies in working conditions at a given workplace (according to the safety factor) from the point of view of regulatory documents. In the section "Regulatory safety requirements for the workplace" of the injury safety assessment protocol, as noted above, the most important points of the NPA from the point of view of the assessor are entered.

In the "Regulatory Legal Entity Compliance" section, either "Complies" or "Does not comply" is written.

The section "Necessary measures and recommendations" provides possible technical and organizational solutions aimed at correcting the identified inconsistencies. The recommendations and activities in this section should be specific and actionable.
In the approved injury safety assessment protocol, unfortunately, there is no section “Safety requirements for production premises". However, sometimes a situation arises that the equipment complies with the requirements of regulatory documentation, but is located in premises that do not meet the requirements, or the placement of equipment does not comply with the requirements of regulatory documentation. It is necessary to assess the workspace external to the equipment and reflect these conditions in the safety assessment protocols. For example, special requirements for the placement of production equipment; passages between equipment; flooring, wall cladding; number of emergency exits, etc. As a rule, this is reflected in the "Safety requirements for equipment" section.

Such important points as the availability of the necessary instructions, instruction logs, the availability of protocols, certificates for testing knowledge, passports and instructions for operating equipment and other documents necessary in practical, everyday work, the Methodology refers to the preparatory stage when conducting a workplace according to the injury safety factor . However, as the experience of carrying out work on certification shows, the specified information must be entered into the protocols for assessing the safety of the workplace.

Information on the timeliness of training, briefings on labor protection is recommended to be entered in the section "Requirements for the means of instruction and training on labor protection".

Recommendations for assessing the workplace by the safety factor:

1) correctly draw up a list of equipment, fixtures and tools. This task can be entrusted to the department of mechanics or technology bureau. It is imperative to coordinate the list of equipment, fixtures and tools assigned to the workplace with the responsible technical services;
2) before filling out the protocol, conduct an analysis of injuries at the enterprise for previous years (at least 5 years);
3) select regulatory documents and draw up a list of requirements for compliance with which the workplace will be assessed according to the injury safety factor. In this case, it is impossible to use the normative legal acts that are canceled (Rules, GOSTs, etc.);
4) to assess the injury safety factor with the definition of the hazard class (optimal, permissible or dangerous);
5) enter the hazard class in line 61 of the workplace attestation card;
6) based on the results of the assessment, develop an action plan to ensure the safety of workplaces.

The final assessment of the working conditions (according to the safety factor) of each workplace should be assigned to one of the following classes:

optimal (class 1) – equipment and tools fully comply with standards and rules (normative legal acts). The required protective equipment and tools are installed and working; means of instruction and training are compiled in accordance with the requirements, the equipment is in good working order;

admissible (class 2) - damaged and faulty protective equipment that does not reduce their protective functions (partial contamination of the signal color, weakening of individual fasteners, etc.);

dangerous (class 3) - damaged, faulty, or there are no means of protection of working bodies and gears provided for by the design of the equipment (guards, interlocks, signaling devices, etc.), the tool is faulty. There are no instructions on labor protection, or the existing instructions are drawn up without taking into account the relevant requirements, the conditions for their revision are violated. There are no means of labor safety training (rules, training and control programs, study guides etc.), or the available funds are of poor quality and the conditions for their revision are violated.

When classifying a workplace according to the safety factor to class 3, the working conditions are dangerous, such a workplace is considered conditionally certified.

The assessment of the availability of PPE for employees is carried out by comparing the actually issued PPE with the Standard Industry Standards for the free issue of special footwear and other personal protective equipment to workers and employees, other regulatory documents (GOST, TU, etc.), as well as taking into account the specifics and types of work performed.

The effectiveness of PPE is assessed:

• availability of certificates of conformity;
• observance of the wearing period;
• correct list of PPE.

The work of a specialist conducting such an assessment includes two stages.

First stage:
determination of the procedure for issuing PPE, the compliance of the set and the degree of provision with them with the requirements of the Model Industry Norms for the free issue of special clothing, special footwear and other personal protective equipment, approved by the Decree of the Ministry of Labor and Social Development.
At this stage, you should check:
availability of internal norms for issuing overalls, special footwear and other personal protective equipment. As a rule, such norms are approved by the heads of the institution and are included in the relevant section. collective agreement;
compliance of internal standards with the Model Industry Standards in terms of the extent to which they cover the employees of the institution, the list of issued protective equipment and their number.
the procedure for issuing overalls, special footwear and other personal protective equipment to employees.
visits to workplaces and interviews with employees.

Second stage of assessment:
To start work on this stage, you must prepare and have:
protocols for instrumental measurements of industrial environment factors (microclimate, illumination, noise, vibration, thermal radiation, chemical factors, etc.);
safety assessment protocols;
protocols for assessing the availability of personal protective equipment;
analysis of injuries at the enterprise over the past five years.
A comparison should be made of the compliance of the properties of the actually issued PPE with the conditions of the production environment, data on which are available in the protocols. This concerns, first of all, special protective clothing.
By analyzing the injury safety assessment protocol and directly at the workplace, it should be determined whether it is necessary to use a protective helmet, face shield, goggles, whether they are correctly selected for their protective properties. It should also be determined whether the hand and foot protection provided is capable of protecting the worker from injury.
Particular attention should be paid to assessing the compliance with the conditions of the working environment of the issued personal respiratory protection equipment: whether the brands of gas masks are correctly selected, whether their protective properties are sufficient for the detected concentrations of harmful substances.

The results are drawn up in the form of protocols, where information is entered for each certified workplace. Identified shortcomings are described in the final part of the protocol. It also provides suggestions for improving the provision of workers with personal protective equipment.

Data on the actual provision of the employee with personal protective equipment is entered in line 070 of the workplace attestation card for working conditions.

Assessment of the actual state of working conditions at the workplace consists of an assessment of:

• the degree of exposure to harmful and dangerous production factors;
• the degree of injury safety (i.e. the risk of injury);
• the provision of workers with personal protective equipment, as well as the effectiveness of these funds.

The assessment of the actual state of working conditions in terms of the degree of exposure to harmful and hazardous production factors is carried out in accordance with the hygienic criteria for assessing working conditions based on a comparison of the measurement results of all hazardous and harmful factors of the working environment, the severity and intensity of the labor process with the hygienic standards established for them.
It is advisable to carry out such measurements only after completing the work of the preparatory stage, as well as assessing the injury safety and provision of workers with personal protective equipment, including their effectiveness.

Workplaces must be suitably prepared, i.e. it is recommended to replace burned-out lamps with new ones, wash windows, equipment must work according to technology, raw materials and materials must comply with technology. This will help to avoid repeated measurements and reduce the cost of performing instrumental measurements.

Based on comparisons of the obtained results with regulatory requirements, a class of working conditions is determined, both for each factor separately, and for their combination and combination, as well as for the workplace as a whole.

According to the protocols for assessing the safety of a workplace in accordance with the classification of working conditions for safety, a hazard class is separately established or a conclusion is given on the full compliance of the workplace with safety requirements.

The results of the assessment of the actual state of working conditions at the workplace are entered in the Workplace Certification Card for working conditions, in which the certification commission of the institution gives an opinion on the results of certification.

If there are no hazardous and harmful production factors at the workplace or if their actual values ​​correspond to optimal or permissible values, as well as when the requirements for injury prevention and provision of workers with personal protective equipment are met, it is considered that working conditions at the workplace meet hygiene requirements and safety requirements. In this case, the workplace is recognized as certified.

In cases where the actual values ​​of hazardous and harmful production factors exceed the existing standards or requirements for injury prevention and provision of workers with personal protective equipment and do not comply with existing standards, working conditions at such a workplace are classified as harmful and (or) dangerous.

When classifying working conditions as class 3 (harmful), the workplace is recognized as conditionally certified with an indication of the corresponding class and degree of harmfulness (3.1, 3.2, 3.3, 3.4) and making proposals to bring it into line with regulatory legal acts on labor protection in the Action Plan for improvement and improvement of working conditions in the institution.

After the modernization of a conditionally certified workplace, it is necessary to carry out instrumental measurements of the levels of production factors that previously exceeded the maximum permissible level.

When classifying working conditions as class 4 (dangerous), the workplace is recognized not certified and subject to immediate re-equipment or liquidation.

Certification Card

The certification card of (his) workplaces (a) in terms of working conditions (hereinafter referred to as the Card) is a document containing information about the actual working conditions at the workplace, applicable benefits, compensations, additional payments to employees and their compliance current legislation, norms for the issuance of overalls and protective equipment, as well as recommendations for improving working conditions at a given workplace or a group of similar workplaces and, if necessary, proposals for the abolition of benefits and compensations or the introduction of new ones.

The card is intended for:

• a comprehensive assessment of the existing conditions and content of labor at the workplace or a group of similar (typical) workplaces;
  injury safety assessments;
• identification of workplaces that do not comply with the norms, rules and standards of labor safety;
• substantiation of benefits and compensations for unfavorable working conditions (surcharges to tariff rates, additional leave, shortened working week, pensions on preferential terms);
• development of measures aimed at improving working conditions and maintaining the health of workers;
• familiarization of employees upon hiring with working conditions, their impact on health and the necessary personal protective equipment.

At the final stage, final documents are formed

At the same time fill in:
List of workplaces (RM) and the results of their certification in terms of working conditions in the subdivision, which includes information about certified workplaces and working conditions at them, the number of workers employed in these conditions, and their provision with personal protective equipment;
A summary sheet of jobs (RM) and the results of their certification in terms of working conditions in the institution, which indicates the number of jobs by structural divisions and the institution as a whole, the number of jobs at which certification was carried out with their distribution by class of working conditions, the number of employees, employed at the workplaces where certification was carried out, information on the provision of workers with personal protective equipment.
The results of the work of the attestation commission of the institution are drawn up by the protocol of attestation of workplaces in terms of working conditions.

The protocol must be accompanied by:
Job attestation cards for working conditions;
Statements of workplaces (RM) and the results of their certification in terms of working conditions in departments;
Summary sheet of jobs (RM) and the results of their attestation on working conditions in the institution;
Action plan to improve and improve working conditions in the institution.

Implementation of the results of certification of workplaces in terms of working conditions

Implementation of the results of certification of workplaces is to develop an action plan to improve and improve working conditions in the institution.

Based on the results of certification of workplaces in terms of working conditions, the certification commission, taking into account proposals received from the structural divisions of the institution, individual employees, develops an Action Plan to improve and improve working conditions in the institution.

The Plan specifies the deadlines for the implementation of activities and responsible executors. The plan should include bringing all workplaces in line with regulatory requirements for labor protection.

The plan is signed by the chairman of the attestation commission, and after agreement with the joint committee (commission) on labor protection, trade unions, approved by the head of the institution.

The results of certification of workplaces in terms of working conditions are brought to the attention of the employees of the institution.

Workplace attestation documents for working conditions are materials strict accountability and are subject to storage for 45 years.

Procedure for developing and approving instructions

Recall that the head of the institution (department) is responsible for the timeliness and correctness of work with instructions [on labor protection].

The first head of the institution organizes the timely development, approval and availability of labor protection instructions for all types of work performed in his institution or in an independent structural unit such as a branch.

If there are deputies, he entrusts them with this work. The latter exercise control over the timely development, approval and availability of instructions for all types of work performed in subordinate units.

If the institution has a labor protection service or at least an labor protection engineer, then they are directly involved in the preparation and approval of instructions. If an institution has a labor protection management system that provides for and regulates the duties of all managers to ensure labor safety, then it also regulates the work on writing and approving instructions. If the institution is small, then this work will have to be done by the head himself or contact specialists. The development of instructions for employees is carried out on the basis of orders and orders of the head of the educational institution.

The main link for working with instructions is the middle manager - the level of the head of the shop, the head of the department. He knows the specifics of his production better than others and is responsible under the law for this work.

He directly
firstly, together with the labor protection service and the department of labor and wages (OTiZ), develops a list of necessary instructions for labor protection,
secondly, he personally develops or entrusts his deputy or other competent employee with such development;
thirdly, it monitors the timely approval and availability of labor protection instructions for all types of work performed in the workshop or department under its supervision.

The list is developed on the basis of the approved at the enterprise staffing in accordance with the "Unified Tariff and Qualification Directory of Works and Professions of Workers" and "Qualification Guide for the Positions of Managers, Specialists and Other Employees". The list is approved by the head of the institution and sent to all structural units(services, departments, etc.).

Persons appointed by the order of the head of an independent unit (subject teachers, etc.) are directly involved in the development of labor protection instructions.

Why do you need job certification? Certification of workplaces for working conditions is an assessment of working conditions at workplaces, which is carried out to identify harmful or dangerous production factors and bring working conditions in line with state regulatory requirements for labor protection. The established classes (subclasses) of working conditions affect not only the amount of additional contributions to the PFR, but also the amount of guarantees and compensations provided to employees in accordance with the Labor Code of the Russian Federation.

Since 01/01/2014, the concept of "attestation of workplaces" has been replaced by the term "special assessment of working conditions" or "special assessment of working conditions". And if earlier the issues of attestation of workplaces were regulated by the Order of the Ministry of Health and Social Development of April 26, 2011 No. 342n, now the special assessment is carried out in accordance with the Federal Law of December 28, 2013 No. 426-FZ.

But given that the attestation of workplaces and their special assessment are essentially the same, despite the replacement of the term “attestation” by the term “special assessment” in the Labor Code of the Russian Federation, these concepts are often still used as equivalent. As synonymous concepts "special assessment" and "certification" will be used in our consultation.

Is job certification required or not?

The Labor Code of the Russian Federation provides that the employer is obliged to ensure a special assessment of working conditions in accordance with the legislation on special assessment (part 2 of article 212 of the Labor Code of the Russian Federation). Therefore, a special assessment is mandatory for the workplaces of all employees, except (part 3 of article 3 of the Federal Law of December 28, 2013 No. 426-FZ):

• homeworkers;
• remote workers;
• employees who have entered into labor relations with employers-individuals who are not individual entrepreneurs.

Absolutely all employers are required to conduct a special assessment before December 31, 2018 (part 4 of article 8, part 6 of article 27 of the Federal Law of December 28, 2013 No. 426-FZ).

If before 01.01.2014 the employer carried out certification of workplaces according to the old rules, he may not conduct a special assessment of working conditions in relation to such workplaces for 5 years from the date of completion of the last certification (part 4 of article 27 of the Federal Law of December 28, 2013 No. 426 -FZ). This rule does not apply to cases where the employer has an obligation to conduct an unscheduled special assessment (for example, when newly organized workplaces are commissioned, upon receipt of an order from the state labor inspector, or when replacing production equipment that may affect the level of exposure to harmful or dangerous factors) ( article 17 of the Federal Law of December 28, 2013 No. 426-FZ).

We talked in more detail about the procedure for assessing working conditions and attesting jobs in a separate one.

Job attestation: how many years is valid?

In general, a special assessment of working conditions at the workplace is carried out at least once every 5 years. Such a period is calculated from the date of approval of the report on the special assessment (part 4 of article 8 of the Federal Law of December 28, 2013 No. 426-FZ). Thus, the period of validity of the attestation (special assessment) of jobs according to general rule is 5 years.

Penalty for the lack of certification of workplaces 2018

Violation of the procedure for conducting a special assessment of working conditions or its failure to conduct (part 2 of article 5.27.1 of the Code of Administrative Offenses of the Russian Federation):

• warning or penalty officials from 5,000 to 10,000 rubles;
• a fine on the employer-individual entrepreneur from 5,000 to 10,000 rubles;
• a fine on the employer-organization from 60,000 rubles to 80,000 rubles.