Degree of work. Classification of working conditions by the degree of harmfulness and danger. No. 426-FZ "On a special assessment of working conditions"

Since January 2014, absolutely every official workplace has to be assessed on the scale of harmfulness and dangers of working conditions. This is the instruction of Federal Law No. 426, which entered into force in December 2013. Let's get acquainted in general terms with this law in force, methods of assessing working conditions, and also with a classification scale.

FZ № 426: the general plan of the bill

The law was approved on December 25, 2013, and three times now added: in 2014, 2015, 2016. It consists of four thematic chapters:

1. General provisions. Here understands:
   • The main subject of the bill;
   • The concept of "special assessment of labor conditions" and its regulation;
   • Rights and duties of both the employee and the employer, and the organization performing the appraisal activity;
   • Application of the results of the assessment of the workplace for harmfulness to life and health in practice.
2. Evaluation of working conditions. The chapter is devoted to the process of evaluation work:
   • Organization of work of the expert commission;
   • Preparation for the beginning of work;
   • Identification of potentially hazardous / noxious factors;
   • Conformity of the state of affairs with the state standards of safe work;
   • Testing / research / measurement of hazardous and hazardous working conditions;
   • That is subject to mandatory research / measurement to make an assessment of working conditions;
   • Classification of working conditions ;
   • The results of the work of the expert commission;
   • Features of the assessment of individual jobs;
   • Section on the general federal information system for recording the results of these inspections.
3. Organizations and experts assessing working conditions. Inside the chapter, the following topics are highlighted:
   • Organizations and experts authorized to carry out this activity;
   • Registers of the mentioned experts and expert organizations;
   • Independence and a number of obligations of an expert organization assessing the working conditions of any jobs;
   • Qualitative examination of the assessment.
4. Final provisions. Here is considered:
   • Trade union and state control over observance of the provisions of this Federal Law;
   • The resolution of disagreements arising over the evaluation submitted by experts;
   • Transitional provisions;
   • Section on the entry into force of this Federal Law.

About the key provisions of the law under consideration

The general provisions of the Federal Law "On a special assessment of working conditions" are as follows:

• The main subjects of this act are the relations that served as an excuse for assessing the conditions of the workplace, as well as the employer's duty to ensure the safety of labor of its employees.
• The law establishes both the norms and the algorithm for carrying out appraisal activity, as well as the rights and obligations of all stakeholders-the employee, the employer, and the experts.
• Regulate a special assessment of working conditions as the RF TC and this Federal Law, as well as other acts and laws that should not be overridden by the content mentioned.
• If this Federal Law contradicts international norms, then the final authority will be the final one.
• A special assessment of working conditions is a single set of consistently implemented measures that determine the hazardous / harmful factors of industrial or other work activity, as well as assess the level of their negative impact on the employee - this is determined by the deviation of the identified indicators from government standards.
• The results of this special assessment give an opportunity for experts to determine the classes of working conditions for harmfulness in the study area.

Rights and obligations of the parties

Let us consider in the table the rights and obligations of the parties - all participants in the process of assessing working conditions by the degree of harmfulness and danger.

To determine how dangerous the work is, the expert commission, together with the employer, conducts a number of activities. Let's briefly analyze them.

13 stages of labor hazard assessment

The key steps in determining the degree of work for the hazard / hazard of its conditions are as follows:

1. Issue of an order determining the formation of an expert commission.
2. Approval of the list of jobs that need evaluation.
3. Publication of the order on the schedule of work of the evaluation commission.
4. Conclusion of the relevant agreement with the expert organization.
5. Transfer of information to the experts necessary for their activities.
6. Approval of the results of the analysis of harmful / dangerous factors.
7. Approval of the report on the evaluation activities carried out.
8. Notification of the expert organization of the previous paragraph.
9. Submission of a declaration on the compliance of the actual situation with the state standards of safe work.
10. Familiarization of employees with judgments.
11. Placement of information on evaluations on the official website of the employer.
12. Notification of the results of the FSS of the Russian Federation.
13. Application of evaluation results to improve working conditions, minimize harmful / dangerous work.

Four categories of working conditions

The evaluation commission should allocate one of four classes of harmfulness of a certain labor process:

• optimal;
• Allowable;
• harmful;
• dangerous.

Let us dwell in detail on each of them.

Optimum working conditions

Classes of working conditions by degree of danger and harm begin with the first - the most favorable. Here, the impact of hazardous or noxious factors is absent / minimal / does not exceed the standards set by safe labor. Working conditions do not prevent the retention of an increased level of working capacity of a person.

Acceptable workflow conditions

The workplace to which class 2 was awarded differs in that the worker is exposed to hazardous and / or harmful factors, but in an amount that official hygiene standards permit. The moral and physical condition of the employee is fully restored, if the established mode of work and rest is observed by the beginning of the next working day.

Harmful working conditions and their varieties

Accordingly, harmful working conditions, according to Federal Law No. 426, will be those that exceed the established standards for the hazard / hazard impact on the employee's condition. The third class has four additional subclasses inside itself:

1. The condition of the worker can be fully restored with prolonged rest (more than a break between working shifts). There is a risk of harm to health.
2. The impact of harmful / dangerous factors in the work process can lead to certain body dysfunctions (hard physical work definitely applies here). With prolonged (more than 15 years) work experience, the manifestation of the initial stages of occupational diseases, which are easy to harm the general condition, is possible.
3. Working conditions can lead to both easy occupational diseases and to diseases with an average severity that can contribute to the loss of proficiency.
4. The conditions of the work process inevitably lead to the emergence of severe forms of occupational diseases, the consequence of which is the total loss of work capacity by the worker.

Dangerous working conditions

By the 4th grade there are definitely harmful and dangerous working conditions which not only can lead to the emergence and progression of severe forms of occupational diseases, which inevitably lead to total loss of ability to work, but also create a danger to the life of the worker during the working day.

FZ No. 426 not only establishes a general classification of the harmfulness of working conditions, but also determines the procedure for making such an assessment of a specific workplace by a special expert, determines the rights and responsibilities in this process of the employee, employer and expert organization.