What is the special evaluation of working conditions? Special evaluation of working conditions: timing

In accordance with the legislation of the Russian Federation, Russian employers have an obligation to conduct a special evaluation of jobs. What are the features of this procedure? In what terms is it conducted and from what stages can it consist?

Special evaluation or certification?

Before we study what is a special evaluation of working conditions, we will consider what this term differs from the notion of "attestation". The fact is that they are often regarded as synonyms. Is this lawful?

In fact, the special evaluation of working conditions is a procedure that was introduced by the legislation of the Russian Federation instead of the earlier validation. What does it mean? Special evaluation is in many ways a former attestation. From the point of view of the basic procedures, they are really very similar, but on purpose they are close.

Attestation existed until 2014. After it was replaced by special evaluation. However, until 2014, the concept of special value was also present in the legislation of the Russian Federation. It was in accordance with the procedure for assessing the working conditions, which was to be carried out in order to free the organization from additional transfers to the FIU.

In 2014, the rules of law governing the evaluation and evaluation of labor were actually merged and consolidated in a separate normative act. As a result, the term "special evaluation of working conditions" is now used in the legal field of the Russian Federation, which in many ways combines the features of the previously valid certification.

In this sense, in a number of contexts, the concepts in question can be considered as synonymous, but not identical completely. Among the legal aspects that bring them closer is the provision of the law, according to which a firm that has conducted certification before the coming into force of the laws on special evaluation may not conduct a new procedure within 5 years from the time the first was implemented.

Consider the essence of special evaluation in the modern understanding in more detail.

What is a special price for working conditions?

A special assessment of working conditions in modern regulatory legal acts is understood as a set of measures through which production factors are identified that are classified as harmful or dangerous from the point of view of the impact on the body of an employee of the enterprise.

Conducting a special evaluation of working conditions should be carried out on all types of jobs - including those that are equipped with familiar computers and devices. It can be noted that earlier, when attestation was conducted, such positions were not subject to analysis for the presence of dangerous or harmful factors.

As a result of the special evaluation, the workplace receives a certain class of danger or harm - in accordance with the criteria fixed at the level of federal standards. Depending on the relevant indicator, the amount of additional contributions of the employer to the FIU is determined.

If the special evaluation of working conditions has not revealed harmful or dangerous factors, then the employer company must notify the regulatory body - Rostrud. It can be noted that earlier, when certification was in effect, such a declaration was not required to be sent to government departments.

The employer firm is obliged to conduct a special evaluation of working conditions with respect to all available jobs, except for those classified as remote, that is, those that are located at home for employees working remotely. In addition, it is not necessary to conduct this procedure for natural persons who act as employers, but are not IP.

Subjects of special evaluation

The law on the special evaluation of working conditions determines the list of its subjects in the composition:

- the head of the employer firm;

- Commission for the implementation of special evaluation;

- a partner organization that implements the basic procedures in the assessment of working conditions in the firm that is the employer.

The highest degree of responsibility for the quality of the special assessment, based on the provisions of regulatory legal acts, is vested in the commission, which is formed by the employer company, as well as representatives of the partner organization that carries out the main actions within the procedure under consideration.

Stages of special evaluation

The legislation also defines a number of stages in the context of the evaluation of working conditions:

- preparatory, within the framework of which the company enters into a contract with the organization that performs the main work on the study of working conditions,

- identification, which implies the performance by an external contractor with the appropriate status of his actions, which consist in the assessment and classification of working conditions on specific working positions,

- Reporting, which assumes the formation of special documents based on the results of the special evaluation of working conditions.

Let us consider in more detail how the procedure under consideration is conducted. Among its most important stages in the preparation is the establishment of legal relations with the company, which is a provider of services for identifying harmful and dangerous factors in production.

Preparation for special evaluation: a contract with a specialized firm

A special evaluation of working conditions presupposes, therefore, the request of the employing organization for assistance to a competent organization. It is necessary to conclude an agreement with it. How much can the price of labor conditions cost in this case? The contract value is determined on a contractual basis based on:

- the total number of jobs in the company;

- the number of categories of jobs in the firm - if they are of the same type, then their valuation will be cheaper than a similar number of different types of positions.

Companies specializing in services for employers, the legislator sets special requirements. So, the fact that the firm identifies harmful working conditions, as well as various hazardous factors of production, should be reflected in the list of its main activities, which is recorded in state registers. In the staff of this organization must work at least 5 competent specialists. In this case, one of them, or better, if more, has a diploma of education in such specialties as a doctor in hygiene, or sanitary-hygienic research. In addition, an organization that conducts a special evaluation for employers should have its own laboratory at its disposal, which will investigate harmful working conditions in the workplaces of customers.

After the employer company has established legal relations with a competent firm prepared for conducting a special evaluation, a special order is issued - on the formation of the commission that will organize the event in question, approves its schedule. Let us consider in more detail the tasks that this intracorporate structure solves.

Preparation for special evaluation: commission

The composition of the commission in question should include:

- the head of the employer firm, his proxies - most often the chiefs of the company's structural divisions, lawyers;

- a person in charge of solving labor protection issues;

- representative of the trade union - if the employees of the firm are included in it;

- representatives of the company that conducts the special evaluation.

The total number of participants in the commission providing for the conduct of the special evaluation should be odd. It is worth noting that, according to some experts, the representatives of the firm that carries out the main actions under the contract in the framework of the special evaluation of working conditions should not be regarded as having any relation to the commission in question.

One of the key tasks of the enterprise in forming the internal corporate structure under consideration is the selection of competent candidates from the number of full-time employees. The main document in which the list of commission members is determined is the order issued by the head of the company. A special evaluation of working conditions is considered as an official procedure, the conduct of which must be correctly recorded in local regulatory acts. The corresponding order fixes the procedure for the activities of the commission in question. As a rule, this document gives the considered intracorporate structure a wide range of powers. Among these - the adoption of local regulations related to the special evaluation of working conditions.

The first major task of the commission for a special assessment is the formation of a list of internal corporate jobs where harmful or dangerous factors must be identified. This list is subsequently transferred to the organization with which a contract was concluded for the provision of services for special evaluation. The next key step in the procedure is identification. Let us study its features.

Identification stage of special evaluation

At this stage, the special evaluation of working conditions assumes, therefore, the identification of harmful or dangerous factors within the workplace. This procedure involves comparing the conditions of the working environment in the firm, as well as the characteristics of the labor process with those factors that are reflected at the level of federal standards. The way in which the factors are identified is also fixed in separate sources of law, and participants in the special evaluation are required to follow the provisions that are reflected in them.

The main role in the procedure under consideration is performed by the representative of the organization with which the employer company has signed a contract for a special job evaluation. How competently he conducts his work determines the efficiency and reliability of the results of the special evaluation.

It should be noted that identification of a number of jobs is not carried out - their list is defined by separate provisions of the law. For example, these include those jobs where employees receive compensation for harmful or dangerous working conditions.

A representative of an organization that conducts a special evaluation can request various information from the employing company from among those related to the data on production control. Following the results of the identification stage of the special evaluation, the conclusion of the firm is formed, with which the contract for the implementation of the procedure is signed.

Highlights

Let's consider in more detail how the results of the procedure in question are fixed. After the experts of the competent organization conduct their work within the identification stage, the working conditions in the firm can be classified as harmful or dangerous with assignment to them of the appropriate category. If such factors are not revealed, then the employer must formulate a declaration that the working conditions in the firm comply with the regulations fixed in the legislation. It will be valid for 5 years. It can be noted that there is a mechanism for extending this period - if there have not been any incidents in the workplaces where the special valuation was conducted.

The declaration, which shows that the special evaluation of the working conditions of the organization did not reveal harmful or dangerous factors, should be sent to the territorial unit of Rostrud, in whose jurisdiction is the territory on which the employer company operates. To do this, you must use the installed form.

According to the results of the evaluation, other reporting documents are being formed - for this both the partner organization and the commission can be responsible. The main task of the participants of the special evaluation is to record its results in all available completeness and with indication of reliable indicators.

Terms of the event

How often should a special evaluation of working conditions be carried out? The timing of this procedure is determined at the level of federal legislation. In general, it should be carried out at least once every 5 years for a particular group of jobs. In the event that the firm has a valid certification, but no special evaluation is carried out, the second procedure should be initiated immediately after the validity of the document confirming the performance of the certification has expired.

In the event that new jobs appear in the firm, the assessment of working conditions on them should be carried out immediately after their introduction into production processes. These jobs include, as we noted above, even those that generally do not assume the presence of harmful or dangerous actors. So, special evaluation of working conditions of office workers is conducted on the same grounds as in the case of researching production factors on industrial enterprises.

Special prices and insurance premiums

As we noted above, depending on the results of the procedure under consideration, the amount of insurance contributions of the enterprise to the FIU is determined. In total, the definition of 4 hazard classes in the workplace is provided. The higher it is, the more noticeable will be the payment load on the firm. Specific rates for deductions to the FIU are set at the level of federal regulations.

In particular, if the performance of a special evaluation of working conditions has shown that jobs are identified as dangerous, then the employer will need to pay an additional contribution of 8% to the FIU. If the relevant factors are classified as harmful, their subclass is important. There is a minimum, and he expects additional contributions to the FIU of 2%. There is a maximum - in accordance with it, the payment load is 2%.

In the event that a special estimate has allowed the attribution of jobs to those at which the level of danger or harm is acceptable or optimal, the company does not pay additional contributions to the FIU.

Sanctions for non-implementation of special evaluation

What will happen if the company forgets to conduct a special evaluation of working conditions or consciously avoid it? In this case, the Russian legislation defines a number of sanctions measures, which are fixed in Art. 5.27.1 of the Administrative Code of the Russian Federation. In accordance with the provisions of this source of law, a firm can be warned in the event of failure to perform a special valuation or is fined.

So, if a person conducts business in the status of an IP, then he can be fined for ignoring the procedure in question in the amount of 5-10 thousand rubles. The organization can get a collection of 60-80 thousand rubles.

Summary

So, we explored the essence of such a procedure, as a special evaluation of working conditions, the timing of this event. In accordance with the legislation of the RF, this special assessment should be carried out by all employers' firms having office or production workplaces. The main thing is to determine the class of danger or harmfulness for them that will affect the additional deductions to the FIU.

To do this, you need to seek help from an external service provider to assess the workplace in the company. The relevant organization should have the necessary competence. Its experts should use an effective technique. Special evaluation of working conditions is a responsible procedure, and should be conducted by experienced experts.

A special assessment of jobs is close to attestation. In a number of legal relations on legal status, it replaces it: so, if an appraisal was carried out in the firm before 2014, no special evaluation is required in the company for 5 years from the moment of its implementation. An exception is the appearance of new jobs in the company.

According to the plan of the legislator, the special valuation replaces the attestation, and also supplements it with legal features that characterized the evaluation of working conditions, which was previously used as a separate procedure.

If the special price is not met, then the employer-company may be penalized. They can be higher than the costs of such a procedure, as a special evaluation of working conditions. The prices for it, of course, can be very significant for the company's budget. But the possible savings due to the absence of fines, as well as the reduction of contributions to the FIU, may prove to be a more important argument.

In principle, the management of the company can easily find a profitable contract for carrying out such a procedure as a special evaluation of working conditions. Moscow and other large cities are sufficiently highly competitive markets in those segments in which services are provided, which is why many firms are ready to become partners of employers on acceptable prices for both sides of legal relations.