What is a special assessment of working conditions? This is ... Law 426-FZ "On a special assessment of working conditions"

Conducting a special assessment of labor conditions is the most important principle of the functioning of any enterprise. This article will tell you about the procedure for monitoring and evaluation works at industrial facilities.

Special assessment of working conditions: what is it?

The evaluation of labor conditions refers to a set of special measures aimed at qualitative identification of hazardous and harmful factors of production and labor process. As a result of the audit, it may turn out that the working conditions available at the production facility do not comply with the standards set by the government. In this case, the representatives of the audited organization will have to implement a certain number of measures aimed at eliminating harmful production factors.

As a result of the inspection, enterprises are assigned special classes or subclasses, due to which it is possible to determine the degree of non-compliance of labor conditions with the established standards.

Legal basis

The submitted process should be regulated by law. The most important normative act that should be singled out here is 426-FZ "On a special assessment of working conditions". The subject of regulation of this draft law are the relations that arise between representatives of the audited organization and directly by the experts conducting monitoring and evaluation activities. The submitted federal law determines the organizational basis for the rights, responsibilities and responsibilities of the evaluation participants.

It is worth noting that Federal Law No. 426 "On a special assessment of working conditions" is far from the only normative act that fixes the conditions and principles for the functioning of appraisal work at a particular enterprise. There is also the Russian Labor Code, as well as certain regulations of the local level.

Separately, it is necessary to single out an important norm, fixed in Article No. 2 of the Federal Law "On Special Assessment of Working Conditions". Here the principle of the priority of international law over national law is indicated. Thus, the normative act in question must also comply with international norms.

On the powers and duties of employers and employees

In the bill under consideration, the rules of conduct for employers and employees are fixed in cases when their organization is subject to appraisal expertise. Here are the rights that employers have:

• Possibility to conduct unscheduled procedures for assessing working conditions;
• The right to demand from the authority that performs the verification, the substantiation of the results of the evaluation;
• The right to demand documents confirming the status of a monitoring and evaluation organization;
• Opportunity to appeal the results of the audit.

And what duties does the employer have? The law says that it is necessary to warn employees about the assessment of working conditions, as well as on the implementation of measures aimed at improving existing conditions.

The employee himself also has certain rights. Here it is worth highlighting the opportunity to be present during inspections, the right to apply to the employer or the evaluator, as well as the opportunity to appeal the results of the monitoring and evaluation activities. The employee has, among other things, one very important duty. It is a question of the need to get acquainted with the results of assessing the working conditions.

On the powers and responsibilities of control and appraisal organizations

What rights and responsibilities are vested in the institution that carries out special assessment of labor conditions? The answer to this question is provided by Article 6 of the normative act under consideration. So, the organization has the right:

• To refuse to carry out their professional activities, if at the time of its execution a threat to life and health arises;
• To appeal against the orders of executive authorities authorized in the field of state supervision.

And what duties does the organization have? Here it is worth noting:

• Granting, at the request of the employer, the results of appraisal work;
• High-quality application of special measuring means;
• Giving the employer a refusal to carry out an inspection, unless the latter has transferred all the necessary documentation.

And yet, what is this - a special assessment of working conditions? It is easy to guess that this is a combination of a large number of responsibilities as one participants in the legal relations under consideration, and others.

On the preparation for a special assessment of working conditions

Evaluation of labor conditions is, in fact, a very complicated and very long process. That's why a lot of time and effort can go into preparing it. But how can we plan everything in such a way that the monitoring and evaluation work is swift and effective? The answer to this question is provided by Article 9 No. 426-FZ "On the Special Assessment of Working Conditions".

The employer must form a commission. The schedule of her work, the cost of work - all these and many other points are fixed in the contract. The Commission is headed by either the employer himself or his representative. A list of jobs to be checked and evaluated is compiled. Once such a list is ready, it will be possible to start work.

On conducting a special assessment

What else can be said about a special assessment of working conditions? What is this and how does this process work? Article 8 of the normative act under consideration states that all responsibilities for financing and organization of evaluation are assigned to the employer. The whole process must strictly comply with the norms established in laws and at least once in five years. For this purpose, an appropriate order is issued to conduct a special assessment of working conditions (see the sample below for a sample).

As already mentioned, the main purpose of the process under consideration is the identification of hazardous and harmful factors of an industrial nature. At achievement of this purpose it is important to consider:

• Results of previous inspections;
• Quality of equipment in production;
• Proposals, complaints and wishes of the employees of the organization in respect of which the monitoring and evaluation activities are carried out;
• Frequency of injuries at the inspected enterprise;

FZ "On a special assessment of working conditions" states that, as a result of the audit, a special document with the results of the evaluation should be drawn up. What should be done with this document?

On the application of evaluation results

Article 7 of the normative act in question states that the results of a special assessment of working conditions should be applied for the following types of activities:

• Exercise control functions for the state of work conditions;
• Informing workers about possible risks;
• Planning and quality implementation of activities aimed at improving labor conditions;
• Calculation of additional insurance tariffs;
• Preparation of statistical data;
• Involvement of medical workers to solve problems for those who fell ill from working conditions;
• Analysis and settlement of disagreements, which are related to the safety of labor conditions, etc.

The result of the assessment of working conditions may also be the preparation of a special classification. This is what will be discussed later.

On the classification of labor conditions

Article 14 of the Federal Law "On the Special Assessment of Working Conditions" establishes the main types of classes and subclasses that can be assigned to enterprises on the basis of monitoring and evaluation work. There are four classes in total.

The fourth class includes working conditions with a very high level of danger. The peculiarity of this group is the presence of factors that can endanger the life of the employee.

The third class is assigned to the enterprises, harmful working conditions on which can threaten the body and, accordingly, the health of the employee. There are 4 degrees, they are subclasses of the third class. The first degree concerns enterprises with working people who can not recover more than 24 hours after a working shift. The second degree is assigned to organizations if the people working there have light occupational diseases. The third and fourth degree relate, respectively, to occupational diseases dangerous for work capacity.

The second class is the most common among industrial enterprises. It describes the working conditions under which a person can recover in less than a day. The first class is assigned to enterprises with complete absence of harmful labor conditions, or with an insignificant number of them.

State Information Evaluation System

A special assessment of the working conditions of the organization does not go unchecked. According to Article 18 of the normative act under consideration, there is a special system for information recording of information on participants in monitoring and evaluation activities. So, in relation to the employer and his organization, the following information should be indicated in the system:

• The name of the person;
• Location, TIN, state number. Registration, the code by the classifier of types of economic activity;
• number of workplaces;
• Distribution of classes and subclasses of working conditions;
• Information on changing the special assessment of labor conditions, if repeated control measures were taken.

Information about the workplace should also be indicated. So, the information database stores data:

• On the number of working people;
• On the distribution of classes;
• On the code of employees and on their TIN;
• On the grounds for the formation of workers' rights, and so on.

The operator of the information system is the Russian government.

Who conducts the evaluation?

Organizations that have a special certificate for the performance of an appraisal activity of an enterprise should be included in the state register of relevant instances, and information about them must be transferred to the information system described above.

No matter how difficult it is to guess, the evaluation functions are carried out by specially authorized experts. These are individuals who have passed the certification and have a certificate for the right to perform works. Requirements for experts are fairly simple:

• Availability of higher education;
• The availability of practical experience.

All experts are independent. I must say, this is the most important principle of all control and appraisal activity. It is about him and will be told further.

On the principle of independence

What is this - a special assessment of working conditions? This, first of all, is an independent and very complex process, which can be controlled only by the state. What is the independence of the monitoring and evaluation bodies? The law states that the procedures for assessing working conditions can not be carried out by the following persons and bodies:

• Officials of executive power;
• Founders and employers of the audited organization;
• Experts who are close relatives of the founders and employers of the audited organization.

It is easy to guess that the principle of independence is formed by law to prevent possible corruption crimes. As you know, any manifestations of corruption, especially during the implementation of such important processes, may lead to a deterioration in the working conditions. Deteriorating working conditions with a high probability will entail human casualties.

On state control and examination of appraisal works

The federal executive authority should monitor compliance with the requirements of the bill in question. Special labor inspections, created by state bodies, should periodically check the organizations that perform valuation work.

Separately, it is worth highlighting the conduct of a special examination, which is carried out by the executive authorities. Control and evaluation organizations that do not meet the requirements of the examination may lose a special license to carry out their work.