Terms of certification of workplaces. Validity period of certification of workplaces Organizations certification of workplaces for working conditions

Assessment of workplaces

In accordance with Article 212 of the Labor Code of the 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 safety and the provision of workers with personal protective equipment (hereinafter - PPE) (paragraph 2 of the order of the Ministry of Health and Social Development No. 569 of August 31, 2007).

The combination of factors of the working environment and the 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 of 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 (work 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 November 20, 2008 No. 870 "On the establishment of reduced working hours, annually additional paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions."

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 workers. 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 one - 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.

Non-permanent work place 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 No. 1 to the Procedure, with the allocation of similar workplaces and an indication of the estimated working conditions, based on the characteristics of the 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, complaints of employees about working conditions (paragraph 11, subparagraph 3 of the Order of the Ministry of Health and Social Development No. 569 of August 31, 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 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 the subjects of labor law about the risk, 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 in 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 of statistical reporting on 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 (upon employment) and periodic (during employment) 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 connection 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) considering the issue of suspending the operation of buildings or structures, machinery and equipment, the implementation of certain types of activities (works), the 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 the employment contract of the characteristics of working conditions and compensation to employees for work in difficult, harmful and (or) dangerous working conditions;

16) justification for planning and financing 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) creation of a data bank of existing working conditions at the level of an organization, municipality, executive authority of a constituent entity of the Russian Federation and at the federal level;

18) carrying out measures for the implementation by the federal executive body 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

What does the certification of workplaces for working conditions include? What is the procedure and frequency of certification of workplaces? What is a job attestation card?

Are you an employer and want to make sure that your company's employees work in a safe environment? Would you like to save on deductions to the budget? Are you tired of endless additional checks by supervisory authorities?

Then you definitely need to certify all the workplaces of your enterprise for working conditions.

1. Do I need certification of workplaces for working conditions in 2019?

As early as 01/01/2014, the norms governing the certification of workplaces for working conditions have changed significantly, and on 01/08/2019 the next, but not such global changes in the relevant legislation came into force.

Special assessment of working conditions(SOUT) - measurement of factors that adversely affect the well-being of staff during the performance of their duties. Fixation is carried out with the help of special devices.

The legislator unified and combined three previously existing assessment measures into one. Many procedures from the previous regulation were transferred to the new legislative act, practically without undergoing any changes. The certification algorithm itself remained the same.

However, there have also been some innovations. For example, according to the new rules, all places of employees, even those located in office centers, are subject to special assessment. Previously, only places associated with the maintenance of industrial equipment, technical equipment, tools, sources of danger, etc. were evaluated.

However, such an event is not necessary:

• homeworkers;
• telecommuters;
• personnel working for individuals (not individual entrepreneurs);
• religious employers.

The changes also affected certification, which was not carried out according to the approved plan (unscheduled). Now the employee cannot initiate it by submitting an application.

After checking the appraised item, a special card is formed for it. Moreover, analogue places have one common map.

It contains:

• data on actual working conditions and recommendations for their improvement;
• list of stipulated compensations and benefits;
• information about personal protective equipment (PPE).

Dear readers, although the procedure has undergone adjustments and changed its name, in the framework of this publication I will also operate with the “old”, most familiar name for most of us for this event - certification of workplaces for working conditions.

2. What does the certification of workplaces for working conditions include - an overview of the main points

We have defined the main concept. Now I propose to get acquainted with the most significant moments of the certification process.

I propose to consider them in more detail.

Moment 1. Hygienic assessment of the conditions and nature of work

Evaluating such indicators, the executive experts determine the factors of the working environment and the labor process that affect the well-being of the staff.

They are divided into 4 classes.

Classification of indicators:

Based on the results of the survey and the degree of deviation from the norm, each workplace is assigned a certain class. All results are recorded.

Moment 2. Assessment of psychophysiological factors of the labor process

They mean:

• monotony of work;
• his tension;
• emotional stress;
• duration of work;
• operating mode.

The obtained indicators are compared with standard values.

Moment 3. Evaluation of injury safety of the workplace

The executing company evaluates workplaces for compliance with safety standards.

The status of protection against:

• mechanical damage;
• electric current;
• chemical substances;
• temperatures (high, low).

The assessment process checks for the presence of protective equipment and devices that prevent personal injury. It is found out whether there are devices in the working area that signal equipment malfunctions, emergency stop means.

According to the results, the experts assign the subject of assessment a class of injury hazard.

Moment 4. Assessment of the availability of personal protective equipment

Experts, assessing the availability of PPE workers, compare the list of funds actually issued with standard norms. The performers check the availability of certificates of conformity for the issued PPE.

The certifying company also checks whether there are violations of the procedure for providing employees of the enterprise with personal protective equipment.

3. Certification of workplaces according to working conditions - 7 main stages

Any process is easier to understand by breaking it down into steps. Certification of workplaces for working conditions is no exception.

I conditionally divided this event into 7 stages. I suggest you take a look at them.

Stage 1. Issuance of an order for certification

5. How to choose a company for certification of workplaces - 3 simple tips

Is it time for a special assessment? Then take the article a few more minutes and read the helpful tips.

Believe me, they will not be superfluous!

Tip 1. Check for a certificate for the right to conduct certification

Each company that has the right to conduct SOUT must present to the customer a notice of its inclusion in the register of the Ministry of Social and Labor Protection of the Russian Federation.

Check this document carefully. So you can get a good quality service.

Tip 2. Pay attention to the technical base of the company

When choosing a company where you plan to place an order, pay attention to the technical base of potential candidates, the availability of accredited laboratories.

SOUT is carried out using measuring equipment. The quality of the examination carried out depends on its accuracy.

Tip 3. Choose companies that are members of the SRO

Many Russian companies are trying to save on labor protection and attestation of workplaces in terms of working conditions.

Since the SOUT procedure is mandatory and it is not possible to avoid it, employers apply for its implementation to firms offering lower prices, and as a result, inadequate quality of service.

Specialists of such companies sometimes perform assessments even without going for measurements, thereby violating the rules for holding this event.

Example

The Civic Chamber of the Russian Federation in 2015 monitored the quality of the special assessment of working conditions in many Russian regions.

Some of them revealed regulatory violations in 80% of the examinations. Poor quality assessments were found even in large companies such as, for example, Transaero and Sibir.

Assessment of workplaces- this is a set of measures to assess working conditions at the workplace of an employer organization in order to identify harmful and dangerous production factors and take measures to bring working conditions in line with the norms of legislative acts that establish the relevant state regulatory requirements.

All workplaces of the employer organization are subject to certification of workplaces.

At the same time, the employer organization must be registered as an individual entrepreneur or in accordance with the requirements of the current legislation.

Certification of workplaces is carried out by the head of the company together with the certification organization involved in work under a civil law contract.

An attesting organization can only be a duly accredited legal entity that has the right to provide assessment services.

jobs according to working conditions.

In this case, the certifying organization must be an independent organization in relation to the organization - the employer, which evaluates jobs in terms of working conditions.

Why do you need job certification?

Certification of workplaces is carried out to separate all production factors according to the degree of negative impact on human health into classes and subclasses.

This division is of great importance.

Thus, employees employed in the labor process with negative working conditions can count on a reduction in the length of service in order to assign a pension and receive benefits.

Goals of workplace certification

Certification of workplaces allows you to give a full assessment of each workplace.

The objectives of workplace certification are the following:

assessment of the degree and level of how the factors of the working environment affect the employee;

identification of the severity and intensity of individual production cycles on the health status of an employee;

determination of the level of injuries and safety of the workplace;

determination of the security of each employee with overalls, in life-threatening areas of work.

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

Who is assessed working conditions

Special certification of workplaces applies to all categories of employers.

These include:

legal entities regardless of the type of ownership;

commercial firms;

budget institutions;

individual entrepreneurs with at least one employee in the state.

Only individual entrepreneurs who do not have employees are not subject to such a procedure.

The procedure for certification of workplaces

The process of determining the level of hazardous work can be carried out in several ways:

1. Conducted at the expense of the employer. This procedure is used by large enterprises.

2. The whole range of works is carried out by a third-party company, which is responsible for certification of work places. It must be certified and have the appropriate license.

3. Conducted by joint forces. Financial and preparatory work is carried out by specialists of the audited organization, and measurements are performed by a third-party company.

The whole process of a special assessment of jobs can be represented in the form of several stages:

1. The preparatory stage, which consists in preparing for the work.

2. The main stage, which consists in the verification itself.

3. The final stage, the development of final documents with records of the results of all studies.

4. Evaluation of the results obtained during the procedure.

5. Preparation for certification of the organization based on the results of the audit.

Let's consider each stage in more detail.

Preparation

The head of the organization, which is subjected to a special assessment of workers, appoints the chairman of the commission.

The chairman of the commission, in turn, forms the commission.

Basically, a person responsible for labor protection at work is appointed to the position of chairman, this may be an occupational safety engineer (OT).

In any firm or organization, the certification committee includes:

OT engineer;

personnel officer;

• electrician or power engineer;

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Until 2013, inclusive, certification of workplaces at the enterprise was regulated by Article 212 of the Labor Code of the Russian Federation. In accordance with the new Federal Law No. 426-FZ dated December 28, 2013 “On the Special Assessment of Working Conditions”, the concept of “attestation of workplaces” is no longer used in the domestic legal framework. It was replaced by the term "special assessment". Appropriate changes were made to the Labor Code. However, in fact, the special assessment procedure, in its essence, retained all the basic functions of certification.

Formally, a special assessment of working conditions is understood as a list of clearly defined activities carried out in an established sequence in order to identify harmful or dangerous factors that affect the employees of the enterprise in the course of their professional activities. The result of such a special assessment of jobs at the enterprise should be the definition of classes and subclasses of existing working conditions at the enterprise in accordance with the existing staffing table and the staff actually employed at the enterprise.

Who is subject to mandatory certification of workplaces

Mandatory attestation of workplaces should now be carried out by all employers without exception. This obligation is imposed on employers by Article 212 of the Labor Code. Also, certification of workplaces from 2014 should be carried out by individual entrepreneurs who have employees hired. Penalties imposed for ignoring the special assessment procedure were significantly toughened, which was reflected in Federal Law No. 421-FZ of 12/28/13. At the same time, both administrative fines (in case of failure to pass the special assessment) and the measure of criminal liability of persons guilty of accidents occurring at work were increased.

Entrepreneurs who do not use the labor of hired employees and, accordingly, do not organize jobs that are subject to certification, are not required to organize an assessment. Also, the special assessment does not affect individuals who do not have the status of an individual entrepreneur. This provision is defined in Article 3 of Federal Law No. 426-FZ.

Which jobs should be assessed

The list of jobs that were previously covered by the procedure for attestation of jobs is not identical to the list of jobs for which a special assessment should be carried out in accordance with the new legislative norms.

The management of the enterprise should pay attention to the fact that earlier certification of workplaces was carried out only in relation to those positions where manual labor, vehicles, machines, mechanisms, devices and devices were used, which pose a danger to the life and health of employees. That is, formally, some jobs could not be subject to certification. Currently, the special assessment of jobs covers all jobs without any exceptions. This point should be especially taken into account in the special assessment of workplaces of office employees. Previously, it was these positions that were most often excluded from the certification process.

In addition, if previously the workplaces of home-based employees and employees working remotely were certified on a general basis, now the existing regulatory framework makes it possible not to conduct a special assessment in these cases.

Frequency of conducting a special assessment of jobs

According to existing legislation, a special assessment of jobs should be carried out at least once every five years. Despite the change in the relevant legislation, the previously conducted certification is recognized as valid, and before the expiration of its validity period, there is no need to organize a special assessment.

At the same time, the law stipulates a number of cases in which an unscheduled special assessment is required. First of all, this applies to situations in which previously non-existing jobs appear at the enterprise. In addition, a special assessment is needed in a situation of significant changes in working conditions: the transformation of the technological process, the start of work with previously unused materials, work in new conditions.

A special assessment should be carried out if an accident occurred at the enterprise or occupational diseases were detected in employees as a result of harmful working conditions.

A safety manager or trade union organization may also initiate a special assessment.

Initiation of the Special Evaluation Procedure

To conduct a special assessment, the employer must organize a special commission and conclude an agreement for the assessment with an organization specializing in this type of activity. The cost of certification of workplaces ranges from 1,500 rubles to 6,000 rubles per workplace. The specific price depends on the complexity of the upcoming work and how unified the workplaces at the enterprise are.

The specified commission should include representatives of the employer, the manager responsible for labor protection at the enterprise and representatives of the trade union. With regard to small businesses, it is mandatory to include the head of the enterprise in the commission.

A specific example of workplace attestation can only be recognized as complying with legislative norms if the third-party organization involved meets a number of requirements. Firstly, in the statutory documents of the organization, the conduct of a special assessment of working conditions should be designated as the main activity. Secondly, the organization must have a laboratory that has passed a special accreditation procedure. Thirdly, the employees of the organization must be represented by at least five specialist experts who have special certificates for carrying out work on job evaluation. Among these specialists, the presence of a doctor specializing in occupational health is mandatory.

These organizations and specialists must be included in a special register and be independent parties in relation to the enterprise where the certification of workplaces is planned.

The mechanism for conducting a special assessment of jobs at the enterprise

In the process of a special assessment, workplaces are examined for the presence of dangerous and harmful factors that may threaten the employees of the enterprise. In the process of this work, a special declaration is filled out, in which all workplaces where no threats have been identified are entered. Later, this declaration is submitted to the labor inspectorate. At the moment, the declaration form has not yet been developed, but its approval is expected in the near future.

Workplaces where hazards have been identified are subject to additional research, accompanied by the necessary tests. After this work, such jobs are assigned a certain class of working conditions: “optimal”, “permissible”, “harmful” or “dangerous”. Harmful working conditions are also classified into four subclasses. This information is reflected in a special report of the commission (the form of the report has not yet been approved). The employer must be familiar with the report against signature.

What is the effect of a special assessment of jobs

The results of the special assessment are reflected when filling out the 4-FSS form. The information obtained serves as the basis for the social insurance fund in relation to the insured to determine the amount of the discount or surcharge on contributions "for injuries".

In addition, the results of the special assessment are used to determine additional tariffs applicable to contributions to the FIU. Article 58.3 of Federal Law No. 212-FZ of July 24, 2009 states that, depending on the class and subclass assigned to the workplace, the tariff level can vary by 0 to 8 percent.

The results of a special assessment are used when organizing a medical examination procedure at the enterprise or for carrying out work aimed at improving working conditions. This is regulated by the seventh article of the Federal Law No. 426-FZ of December 28, 2013 "On a special assessment of working conditions."

Question: Good afternoon. In February 2013, workplace certification was canceled for companies that have only offices. I have conflicting information: some lawyers tell me that we don’t need to carry out certification of workplaces at all, other lawyers say that it is still necessary to carry out one time, but not every 5 years. I would still like to understand - how right?

Certification of workplaces according to working conditions

Certification of workplaces for working conditions is an assessment of working conditions at workplaces in order to identify harmful and dangerous production factors and take measures to bring working conditions in line with state regulatory requirements (Article 209 of the Labor Code of the Russian Federation).

The procedure for attestation of workplaces in terms of working conditions was approved by the order of the Ministry of Health and Social Development of the Russian Federation dated April 26, 2011 No. 342n “On Approval of the Procedure for Certification of Workplaces in Terms of Working Conditions”. Certification is carried out in order to assess working conditions at workplaces and identify harmful and (or) dangerous production factors.

What jobs are subject to certification

According to clause 4 of the said order, taking into account the changes made, certification is subject to workplaces that involve:

• work with equipment, machines, mechanisms, installations, devices, devices, vehicles;
• operation, maintenance, testing, adjustment and repair of equipment, machines, mechanisms, installations, devices, devices, vehicles;
• work with sources of danger that can have a harmful effect on the employee, determined by the certification commission based on the criteria for assessing working conditions;
• use of electrified, mechanized or other hand tools;
• storage, movement and (or) use of raw materials and materials.

What jobs are not subject to certification

According to clause 4 of the said order, taking into account the changes made, workplaces where employees:

• are engaged in work exclusively on personal electronic computers (personal computers);
• operate desktop-type copiers, single stationary copiers used periodically for the needs of the organization itself, and other office equipment;
• operate household appliances that are not used in the technological process of production.

Thus, the workplaces of office workers of the organization are not subject to certification, provided that they are among the exceptions indicated above (for example, employees are employed only on personal computers for less than 50% of their working time, operate copiers (desktop type, stationary) used periodically for the needs of the organization, other office equipment, etc.). If employees are employed only on personal computers, but more than 50% of the working time, then their jobs must be certified in the prescribed manner.

The procedure for attestation of workplaces, who conducts attestation of workplaces

In accordance with paragraphs 9, 10 of the Procedure, certification is carried out by an certification commission, which includes representatives of the employer, a labor protection specialist, representatives of the elected body of the primary trade union organization or other representative body of workers, representatives of the certification organization.

Thus, the attestation commission created in the organization determines which jobs, including newly organized ones, are subject to attestation.

Certification of the workplace of an office worker

How can you confirm the employment of an office worker at a personal computer for less than 50% of the working time?

As already mentioned, the certification committee itself determines which jobs are subject to certification.

In order to determine whether an employee is employed at a PC for more or less than 50% of the working time, in accordance with paragraph 7 of the Order, the certification organization examines in full the documentation related to the organization of work to ensure labor protection requirements at the employer, at whose workplace certification is carried out .

In this case, such documentation will be those documents that indicate the official duties of employees, as well as documentation on recording the time worked by each employee.

Examples are:

• internal labor regulations;
• job description;
• collective agreements;
• employment contract;
• time sheet

Judicial practice on certification of workplaces

As the Seventh Arbitration Court of Appeal pointed out in its Resolution of June 3, 2013 in case No. A03-968 / 2013, persons working with a PC for more than 50% of their working time are persons professionally associated with the operation of a PC. Documents confirming the work on a PC for more than 50% of the working time in this case were an order to hire employees, as well as an act of checking workplaces that reflect the mode of operation (in this case, the Company). At the same time, the court noted the need for employees to be connected to the operation of the PC. The employees were: receptionist-cashier, telecommunication engineer, chief accountant.

In its Appeal ruling dated August 22, 2013 in case No. 33-5043, the Saratov Regional Court noted that the defendant provided sufficient evidence that the jobs in the LLC do not fall under the list contained in paragraph 4 of the Procedure, do not contain harmful and ( or) hazardous production factors, employees of the organization are engaged in working with a PC for no more than 50 percent of the working time. At the same time, the defendant, LLC, provided copies of job descriptions of persons employed at work on a PC (among them: director, chief accountant, manager of pawnshops, accountant, assistant accountant, administrator of the AHS, senior merchandiser, merchandiser, assistant merchandiser, appraiser-merchant manager, manager for the sale and appraisal of household appliances).

Appeal ruling of the Supreme Court of the Republic of Sakha (Yakutia) dated July 1, 2013 in case No. 33-2267/2013: the case states that all employees are employed exclusively on PCs. The court concluded that, in this case, attestation of workplaces was necessary.

Workplaces subject to certification

Thus, attestation of workplaces should be carried out in relation to those workplaces where persons are engaged in work on a PC for more than 50% of their working time on a professional basis.

Documents confirming the employment of an employee on a PC for less than 50% of his working time may be job descriptions, internal labor regulations, employment contracts, etc.

How often is a workplace assessment required?

According to clause 8 of Order No. 342n dated April 26, 2011, at workplaces where harmful and (or) dangerous working conditions are established, as well as at workplaces with production factors and work, during which preliminary and periodic medical examinations are mandatory (examinations), attestation is carried out at least once every five years.

According to paragraph 3.2.2.4 of the Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n, medical examinations are mandatory for employees who work with a PC for more than 50% of their working time. Thus, attestation of the workplaces of workers employed at work with a PC for more than 50% of the working time should be carried out at least once every five years.

Responsibility and penalties for certification of workplaces

For failure to fulfill the obligation to conduct certification of workplaces for working conditions, provided for in Article 209 of the Labor Code of the Russian Federation, an employer or organization may be held administratively liable (fine) in the amount of 1,000 to 5,000 rubles; organization - from 30,000 to 50,000 rubles or an administrative suspension of activities for up to 90 days in accordance with Art. 5.27 of the Code of Administrative Offenses.

1. Certification should be carried out in relation to those workplaces where office employees are engaged in work on personal computers for more than 50% of their working time on a professional basis at least once every five years.
2. The employer himself will prove to the inspection body (labor inspectorate or prosecutor's office) that his office employees are on personal computers for less than 50% of the working time by providing local acts containing the labor duties of employees, as well as the time of their employment.