Organization, methodology and deadline for the special assessment of working conditions

Every employer should remember that a special assessment of the working conditions of workplaces is his duty, fixed at the legislative level in the Labor Code of the Russian Federation. For its failure to perform, or in an improper manner, he can be held accountable.

general information

A special assessment of the working conditions, which we will continue to refer to here for the sake of simplicity of perception, was put into effect by the Federal Law from 01.01.14, replacing the work certification that preceded it. It is an obligatory measure carried out by the employer together with the involved specialized organization.

Violation of labor legislation entails liability, which can be expressed not only in the imposition of fines, which have recently become very large, but also in certain consequences of the criminal-legal nature. It is important to remember for yourself once and for all what a SOTP is, what the terms of a special assessment of working conditions are, and also some of the features of its implementation in practice and information about the activities carried out after its completion.

The official definition of the SOTC

The definition of SCR is given in the part of the first art. 3 of Federal Law No. 216, adopted on December 28, 13. According to this norm, it is a unified complex of successive measures to identify the factors of the labor process and the production environment, defined as harmful and / or dangerous, assessing the level of their impact on the employee. This takes into account the actual deviation of indicators from the hygiene requirements established by the state, the use of protective equipment (collective and individual).

What is the essence of SOUTH?

The essence of organizing a special assessment of working conditions is as follows. An independent specialized company conducts a detailed analysis of the conditions in which employees work, and it works at the invitation of the employer. The workplaces in the organization where the audit is planned are determined in advance. The main objective of the process is to identify factors of production that are defined as dangerous and / or harmful, then the level of their impact on the employee is assessed. They should be understood as such a combination of factors that, affecting the person, can lead to injury or the development of the disease.

Having the results of SWOT on hand, the specialists of the company that conducts it, establish subclasses (classes) of conditions in the places that were surveyed. The method of conducting a special assessment of working conditions approved by the legislator distinguishes four classes depending on the severity of harmful and / or dangerous influence: dangerous, harmful, permissible and favorable. Allocation to this or that category affects the amount of insurance contributions, which the employer transfers to the FIU.

In addition, the division of labor conditions into classes, degrees directly affects the level of compensation and guarantees provided to employees employed in hazardous and / or harmful production (reduced working hours, additional leave and cash payments).

Workplaces subject to WCO

In the Labor Code of the Russian Federation (Article 209, part 6), the legislator determines that the workers should be considered the place where the employee is required to be, or where it is necessary for him to arrive due to the nature of the work, and over which, indirectly or directly, Employer. At first glance, it's pretty simple. However, the methodology for conducting a special assessment of working conditions has some peculiarities. So, SOUT is spent on all workplaces existing at the employer, except for remote employees, those who carry out labor function at home and workers who work for individuals not registered as individual entrepreneurs.

In addition, special evaluation can not be carried out in the workplace, which is currently vacant. On this occasion, the Ministry of Labor of Russia was explained.

The list of places of work to be evaluated, including similar ones, is compiled in the organization, and then approved by a specially created commission of the employer.

Jobs recognized as similar

In fact, in practice, employers have difficulties not so much in determining the period for carrying out a special assessment of working conditions, but rather in drawing up a list of similar (similar) jobs. In more than half the cases, the list is formed incorrectly.

Firstly, the employer can not independently take a decision on the recognition of specific jobs, since this is the task of an expert of the organization involved in the implementation of the SOP. Secondly, it must be approved at the conclusion of the commission for conducting the special evaluation.

Signs of similar (similar) jobs

Note that similar places have a set of common features:

• The same type (identical) equipment with heating, lighting, ventilation and air conditioning;
• Location in one or several identical (same-type) production zones, or premises;
• Employees occupy one position and work for the same profession or profession;
• Employees perform the same functions (labor) in the same type of technological process and with the same mode of working time;
• Employees in the work use the same equipment and tools, materials and raw materials, appliances;
• Employees are equipped with the same (identical) PPE.

In accordance with the established procedure for conducting a special assessment of working conditions, if there are jobs in the company that are similar, not all of them study, but 20% of the total number, but not less than 2. The results of the SOUTH apply to everyone at the same time.

Results

The result of the SOTP is expressed in the establishment of a class of working conditions at each particular location. This work is carried out by an expert of the organization engaged in the performance of special evaluation. The results should be formalized in the form of a report in the established form. All the members of the employer's commission put their signatures in it, and then notify the organization that conducted the SOUTH within three days (workers).

The report is nothing more than a set of documentation, including including information about the organization and employer, measurement protocols, special evaluation cards.

The use of the results of WCO

The results should be applied from the date of signing by all members of the commission of a report on the conduct of a special assessment of working conditions. The term of familiarization of workers with them, provided by law, also begins to be calculated from this time.

When the working conditions following the results of the WCO are considered dangerous and / or harmful, the employer is obliged to his employees:

• To provide compensation and guarantees provided for by the LC RF;
• Provide them with means (certified) for collective protection and individual;
• Provide milk and other food equivalent products.

In addition, it is the responsibility of the employer to carry out activities aimed at changing the working conditions for employees. For example, a decrease in the level of gas content, dustiness of the air, modernization of production.

If the factors of the working environment, defined as dangerous and / or harmful, are not identified and the working conditions are officially recognized as safe, the employer, in order to maintain them in this form, must exercise timely and complete control over such places, and carry out activities aimed at maintaining them At a safe level.

SWOT results: familiarization of employees

Familiarization of employees with the results of SWOT is one of the issues that the employer cares about after a special assessment of working conditions. What period for this is provided, you can find out by referring to the text of Federal Law No. 426.

The employee must be acquainted within thirty days (calendar), the counting starts from the moment of approval (signing by all the members of the commission) of the report on the results of the SWOT. This period does not include the period of the employee's employment on the sick leave sheet, on vacation, business trip or inter-horse rest.

The fact of acquaintance must confirm the signature of the employee in the SOTC map. The document also introduces new employees every time.

The employee does not accept the results of the special evaluation: what to do?

Quite often it is possible to observe a situation when the employee refuses to get acquainted with the results of the SOTC, or categorically disagrees with them. In this case, the representative of the employer needs to issue an act confirming this, and to attest it with at least three signatures. In the commission you can invite the chief or specialist of the personnel service, the head of the structural unit, in which the employee is working. In addition, the employee needs to clarify his right to apply to the Labor Inspectorate in order to appeal the results of the WHSD.

The period for carrying out a special assessment of working conditions according to the plan: for the first time, again

If the SOEU is conducted by the employer for the first time, and the reason for this is the adoption of Federal Law No. 426, transitional provisions concerning the timing are provided. There are three options for developing further actions:

1. In the workplace, earlier certification was carried out (AWP). In this case, the SOTP must be organized by the employer within a period of not later than five years. The count begins with the date of approval of the results of the last attestation. However, it should be remembered that if the validity of its results has expired, i. E. More than five years have passed, special evaluation is carried out without delay. Otherwise, there is a risk of being attracted to adm. Responsibility.
2. In the workplace, there has never before been an automated workplace, it is not included in the list specified in cl. 1, 2-nd part six of Article 10 of Federal Law No. 426 and put into operation before 01/01/2017. In this case, there is no direct indication of the period for conducting a special assessment of labor conditions in the law. Legal experts suggest that it is necessary to be guided by Part 6 of Art. 27 of the specified normative legal act. It specifies that the WCO can be carried out by the employer in stages, but not later than 31.12.18.
3. At the workplace, there has not previously been an automated workplace, and it is included in the list specified in cl. 1, 2-nd part of the sixth article 10 of the Federal Law № 426. In this case, the SOP should be carried out in the shortest possible time. This is due to the fact that the labor conditions at these workplaces are known to be dangerous and / or harmful.

A repeated planned SOUT shall be conducted no later than 5 years from the moment the report of the last evaluation was approved.

Unscheduled special assessment of working conditions: deadline

The implementation of an unscheduled SWOT is organized at newly created workplaces (recently introduced into the staffing table). For this purpose, the employer is given a period of 12 months. The countdown starts from the day of putting them into operation. Similar rules apply in situations where a workplace is moved to another room or if the production technology changes on it, equipment is replaced. These changes may have an impact on the level (extent) of the influence of production factors, defined as hazardous and / or harmful, on employees.

There are exceptions to this rule. So, in accordance with the law, the established terms of the SWOT (special assessment of working conditions) can be reduced to six months. This is observed if in the workplace (s):

• There have been changes in the composition of the materials and raw materials used or (and) the means used by employees for collective protection and individual, which may lead to a change in the level of exposure to factors of production, defined as hazardous and / or harmful, for workers;
• There was an accident in which third parties are not to blame;
• The employee is diagnosed with occupational disease.

In addition, SOUT is held for half a year in respect of places (workers), about which expressed their reasoned opinion of the union, and then he received a letter with an offer to conduct an unscheduled special evaluation, or against which there is an order of the state labor inspectorate.

In all these cases, the period for conducting a special assessment of working conditions is calculated from the date of their occurrence.

Responsibility for violation of the law on WLS

According to the Labor Code of the Russian Federation, it is the responsibility of each employer to ensure the safe conditions in which its employees work, including the organization of a SWOT.

Failure to comply with, or violation of the procedure (established by law) of performance of special evaluation threatens with administrative responsibility. For an official, fines vary between 5,000 and 10,000 rubles, for juridical persons. Persons - 60 000 - 80 000 rubles. If there is a repeated violation, the amount of the monetary penalty is doubled, and the list of sanctions is expanded: disqualification or suspension of the company's activities is possible.

Analyzing the norms of the Federal Law, it can be concluded that, for example, the following actions on the part of employers are recognized as a violation of the procedure for conducting a special evaluation: failure to comply with the deadline, improperly documented (results), absence of a specially created commission,