To supervise the compliance of enterprises and organizations with the norms labor law, standards containing labor safety conditions, enterprises carry out state examination of working conditions.
Why is such expertise needed?
State examination of working conditions is an activity of authorized bodies state power aimed at establishing the facts of violation or compliance with the norms provided for by labor legislation.
The audit is aimed at establishing:
- Conditions match labor activity employees;
- Compliance of the procedure for providing employees with established compensations and provided guarantees when their labor activity is carried out in conditions that meet the signs of harmfulness or danger;
- Compliance with the working conditions established directly at the place of work of a particular employee.
The state structures that have the authority to carry out the study are recognized:
- territorial divisions of the federal labor inspectorate that carry out supervisory and control activities in the field of compliance with labor laws, and others legislative norms relating to the field of labor;
- executive authorities of a particular region, empowered to carry out activities in the region.
The subjects that have the right to apply for the organization of the assessment are recognized:
- Employer;
- Employee;
- The representative body of employees created in the organization;
- Authorized body.
When is expertise needed?
Both employees and the employer can initiate an examination.
The following cases are distinguished, upon the occurrence of which these persons initiate the organization of a study of working conditions:
- The employer has the right to apply with a request for an assessment of work:
- While reducing the cost of transferring compensation funds and provided guarantees to employees. An application for the organization of a study on such a basis is allowed when the employer believes that those established at the enterprise do not comply with labor standards. When this is confirmed by the conducted research, the employer is entrusted with an additional assessment of working conditions. Only on the basis of its results is it allowed to change the amount of compensation and guarantees provided;
- In case of disagreement with the results made in the course of the verification of an official, reflected in the document on the elimination of violations in the field of providing labor benefits, to employees employed in production that meets the signs of danger and harmfulness;
- employees or a representative body of employees may apply for the need to conduct a study under the following circumstances:
- When the immediate conditions of labor activity do not comply with the norms provided for in the law;
- In case of non-compliance with the provisions of the law on the provision labor guarantees, For certain categories employees, as well as in case of provision of guarantees not in full;
- the body with the relevant powers initiates the evaluation procedure if:
- In the event that, based on interaction with other state authorities, non-compliance with the norms relating to the immediate working conditions in the workplace is revealed;
- In case of revealing the incorrectness of the mandatory contributions made for employees. This fact is revealed by applying to the territorial body pension fund to the labor inspectorate with a conclusion on non-compliance with the law.
Please note that in cases where a specific employee contacts due to the fact that the conditions of his work do not comply with the law, the check is carried out only at his place of work.
When not the employer applied to the body, his notification before the inspection is not made.
The research is carried out both on a reimbursable and non-reimbursable basis (depends on the basis of the research, as well as direct research conducted by an official).
A study is carried out free of charge to find out:
- assessment of the immediate conditions of labor activity;
- assessing the validity of the guarantees provided and compensation payments.
Functions and purpose of expertise
Evaluation of working conditions is carried out.
There are several functions of conducting this kind of examination:
- Control over the working conditions of persons, over the correctness of the certification of workplaces, the correctness of the transfer of compensation payments in connection with activities in difficult and;
- Implementation of the development of legal acts that contain proposals for the inclusion of enterprises in a specific risk class;
- Writing opinions for the court that reviews court cases related to the liquidation of organizations that violate the requirements of the law in the field of protection and establishment of working conditions;
- Organization and implementation of inspections at facilities that are being built or reconstructed to check whether the organized workplaces comply with the requirements of the law;
- Ensuring legal working conditions for employees, ensuring the protection of rights when they are violated by the employer.
In carrying out the above tasks, pursued following goals carrying out the examination:
- checking the quality of the certifications carried out in relation to the jobs available in the workplace;
- verification of the correctness of the guarantees, compensations provided in accordance with the harmful or dangerous conditions existing at the enterprise;
- verification of the compliance of projects developed during the reconstruction or construction of new working facilities with jobs;
- verification of the immediate working conditions organized at the workplace where accidents occurred to employees, as well as the conditions preceding the accident at the enterprise.
Procedure for examination
You need to make an application.
The total period of the study is one month. When this time is not enough, it is allowed to extend this period, but not more than by two months.
If the initiator of the study of labor conditions is not the authorized body, it is necessary to send a written application.
The document must contain the following information:
- Name of the applicant or his full name;
- The address of the location of the enterprise, or residence of an individual;
- Name of the object of the research being carried out;
- Information about examinations conducted earlier (if any);
- Information about the work place of the person, the position he holds;
- Information about the implementation of payment for the examination (when necessary).
If an employer applies for compensation and guarantees, the following information is provided:
- reports containing data on previously conducted special assessment of labor conditions;
- contracts with the representative body of employees, collective agreements in force at the enterprise;
- an employment agreement between a specific employee and an organization;
- a list of persons undergoing medical commissions;
- conclusions on the conducted medical commissions (only copies are provided);
- documents adopted by the enterprise at the local level;
- when submitting documents electronic form, they must be provided with an electronic digital signature.
Please note that today it is allowed to submit an application using the State Services portal. If applying with electronic service progress can be tracked administrative procedures regarding the submitted application.
If the research is carried out on a reimbursable basis, then its payment must be made before the application is made.
When research is needed harmful factors, then the payment of laboratories is carried out within 10 days from the date of receipt of the notification from the official.
Please note that if payment is not made in the manner and within the time specified, executive has grounds for refusing to conduct the study.
The submitted document must be registered. Its consideration must be carried out no later than 10 days from the date of its adoption and registration.
Review results
Several options after consideration of the application.
After reviewing the information provided, one of the following decisions is made:
- conducting research;
- refusal to carry out the examination.
The decision to refuse is made if the following circumstances exist:
- Failure to provide all required data;
- Non-submission additional information or a document when conducting a study without them is not possible;
- Entering false information or presenting false documents.
When the result of consideration of the submitted application is a decision to conduct a study, then its organization is carried out by an expert alone, or by an expert commission.
Please note that the person authorized to conduct the study has the right to request information that is missing to complete the conclusions. When such information is not provided, the official has the right to refuse to carry out the study.
A person who may be interested in its results is not allowed to conduct the study.
In carrying out the research, the official is entrusted with the following duties:
- Draw up a conclusion that sets out the identified violations at the enterprise, or information that there are no violations;
- State the conclusions on the basis of the principles of objectivity and validity;
- Save all materials and documents that were submitted by the applicant, and also prevent the disclosure of the data contained in them.
The following powers are granted to authorized research staff by law:
- upon presentation of an expert certificate, enter the territory of the enterprise to obtain data at the time of the study;
- receive information, as well as documents that are required for conducting research, as well as for formulating objective conclusions;
- obtain the required data by carrying out observation, calculations, measurements;
- involve, if for this there is a need for laboratories that have accreditation obtained in the manner prescribed for this.
Issued in two copies.
The result of a government study conducted authorized person or the commission is the opinion drawn up by them.
The following information is included in the document:
- The name of the state body that conducted the study, indicating the head and officials involved in the study;
- registration data of the application;
- Information about the person who acted as the applicant;
- The time period of the study;
- Objects of study;
- List of documents that were submitted by the applicant;
- Conclusions about the results of the examination.
When, during the study, an official identified inconsistencies with the requirements of the law, they are detailed. A reference is made to the document, indicating full data on regulatory - legal document, which is violated.
Please note that if the study was conducted by a commission, the decision is made by majority vote. Decision should be included in the minutes of the meeting.
The document must have two copies. It must be signed by an expert.
One copy must be handed over no later than three days from the date of preparation to the person who applied for the holding.
If the application was submitted using the electronic service "Gosuslugi", then the document is sent either by mail on paper or to an e-mail address.
Remember, in case of loss of the conclusion, interested party has the right to receive a duplicate of the document.
In this video, you will learn about the special assessment of working conditions.
Question form, write your
The state examination of working conditions is prescribed in article 21 of the Fundamentals and article 216^ of the Labor Code of the Russian Federation.
The state examination of working conditions is carried out by the federal executive body authorized to conduct state supervision and control over compliance with labor legislation and by the executive authorities of the subjects Russian Federation.
State examination of working conditions is carried out in the manner determined by the Government of the Russian Federation.
The state examination of working conditions is carried out in order to assess:
The quality of the certification of workplaces in terms of working conditions;
The correctness of the provision of compensation to employees for hard work, work with harmful and (or) dangerous working conditions;
Compliance of projects for construction, reconstruction, technical re-equipment of production facilities, production and implementation new technology state regulatory requirements for labor protection.
The state examination of working conditions is carried out on the basis of the rulings of the judicial authorities, the appeal of the executive authorities, employers, employees, trade union bodies.
15. Specially authorized bodies of supervision and control
. State supervision for the safe conduct of work in industry spelled out in article 366 of the Labor Code of the Russian Federation.
State supervision over compliance with the rules for the safe conduct of work in certain industries and at some facilities is carried out by the federal executive body, which exercises the functions of control and supervision in the field of industrial safety. State supervision has the right to monitor compliance with state regulatory requirements for labor protection at the facilities of the coal, mining, mining and chemical, oil and gas, chemical, metallurgical and oil and gas processing industries. As well as during the construction and operation of lifting structures, boiler plants and vessels operating under pressure, pipelines for steam and hot water, during blasting in industry.
State energy supervision.
(Regulations on state energy supervision in the Russian Federation approved by Decree of the Government of the Russian Federation of August 12, 1998 No. 938 and Article 367 of the Labor Code of the Russian Federation).
The main task of Gosenergonadzor in the Russian Federation is to control the technical condition and safe maintenance of electrical and heat-using installations of consumers of electrical and thermal energy at enterprises, organizations and institutions, regardless of their departmental affiliation and form of ownership.
State Sanitary and Epidemiological Supervision(Article 368 of the Labor Code of the Russian Federation) is carried out by the Department of Sanitary and Epidemiological Surveillance of the Ministry of Health of the Russian Federation. Its functions include supervision over compliance by employers with sanitary and hygienic and sanitary and anti-epidemiological norms and rules, as well as supervision and control in the field of sanitary and epidemiological welfare of the population.
State Supervision of Nuclear and Radiation Safety(Regulations on federal oversight of Russia on Nuclear and Radiation Safety was approved by Decree of the President of the Russian Federation on June 5, 1992 No. 283-rp and Article 369 of the Labor Code of the Russian Federation).
Gosatomnadzor performs the functions of control and supervision in the field of safety in the use of atomic energy. Persons exercising supervision over nuclear and radiation safety are obliged to bring to the attention of employees and employers information about violations of nuclear and radiation safety standards at the objects being inspected.
Inspections of the enterprise can be carried out in various directions. One of them is the state examination of working conditions. The result of the relevant measures may be bringing the company to responsibility. The preparation of protocols is often accompanied by the issuance of instructions that must be followed.
Let's figure out who carries out the examination of working conditions and how to prepare for it.
Purposes of the examination
The concept of state expertise of labor is given in Art. 211 of the Labor Code of the Russian Federation. It is understood as a set of control measures, during which compliance with current standards in the field of labor protection is established.
The reason for the checks is not purely formal. The main goals include:
- the quality of identifying the actions of harmful factors in the workplace during the previously carried out (it is carried out at the initiative of the enterprise with the involvement of a specialized organization);
- control over the benefits and compensations provided to employees entitled to them (including for inspections of a citizen who will be granted an early or increased pension in the future);
- determination of compliance with current standards of projects for the re-equipment, reconstruction or construction of enterprises;
- establishing the actual working conditions of employees.
Event Regulations
The basic rules for conducting an examination are established in Art. 216.1 of the Labor Code of the Russian Federation. They are specified by order of the Ministry of Labor N 549n, adopted on August 12, 2014.
Events can be held by several structures:
- labor inspectorate, which is a federal regulatory agency (more about the powers labor inspectorate read );
- state industrial supervision when inspecting enterprises that extract energy resources, as well as those related to the chemical and metallurgical industries (Article 366 of the Labor Code of the Russian Federation);
- Gosenergonadzor, in terms of control over the relevant facilities;
- Gosatomnadzor (it controls enterprises handling nuclear materials);
- Sanitary and Epidemiological Supervision, within its competence;
- regional department in charge of labor protection issues (their name differs in different subjects of the Russian Federation).
The examination is carried out in limited time. They are established by the official who made the decision to carry out the relevant measures. At the same time, a restriction is established: the verification cannot be carried out for more than 30 working days from the moment the request for verification is received. According to paragraph 18 of the order, the examination period can be extended if a number of documents are required or additional research is required. The period of events may be extended by no more than 60 working days by decision of the head of the department conducting them.
Initiation of state expertise by the employer
It is important to know
If, according to the results of the state examination of working conditions, violations of the procedure for conducting a special assessment of working conditions were revealed, the employer has the right to demand reimbursement of costs from the expert company that conducted the special assessment in court.
In some cases, the initiator of control measures may be the enterprise itself. This has several practical purposes:
- Examination of workplaces will reduce the costs of providing various benefits and compensations to employees (surcharges, additional leave and other). This will help you achieve more economic efficiency companies.
- If the employer has doubts about the correctness of the conclusions during the conduct and, then he can avoid administrative responsibility. The company that initiated the audit will not be considered a violator.
Other grounds for conducting an examination
Control measures may be carried out for a number of other reasons:
- Non-compliance of working conditions with the requirements imposed by law (you can learn about the classification of working conditions established by the legislator from the article). Verification can be initiated executive bodies(for example, Rospotrebnadzor, which established violations), employees of the enterprise and professional associations.
- Doubts about the correctness of the application of additional tariffs when studying materials based on the results of an independent examination of working conditions. In this case, the FSS or another insurer organization acts as the initiator.
- Violation by the administration of the procedure for calculating and providing guarantees and compensations, in connection with working conditions (clause 2 of the order) at a particular workplace. Most often, the employee himself initiates the events, but this can be done by the trade union or the labor inspectorate.
Submission of documents for verification
The procedure for the state examination establishes the obligation of the enterprise to provide the experts with a number of documents. These include:
- agreements between the administration and employees, as well as job descriptions;
- list of all positions related to heavy working conditions or the action of harmful factors;
- documents on medical examinations;
- confirmation of the availability of protective equipment and their accounting on personal personnel cards;
- logs with evidence of briefings;
- the layout of workers in the course of production;
- confirmation of the qualifications, training and admission of employees to work (information about the certification of employees for industrial safety -);
- orders or other acts on the appointment of persons responsible for conducting briefings.
It is worth noting: within 7 days after the management of the enterprise provides documents for the state examination of working conditions, the executive authority considers the issue of conducting the SEUT. If the documentation is insufficient or does not comply established requirements, the customer is informed. If the defects are not eliminated, the executive authority returns all materials and notifies the customer that it is impossible to conduct an examination. Insufficient documentary information about the object of assessment is the only reason why state expertise may be refused.
Expenses for the examination
The cost of the examination includes a fee for the event itself and the price of studies of the effects of harmful factors. According to guidelines dated October 9, 2014 (approved by order of the Ministry of Labor N 682n), the price is set by the responsible regional departments.
By general rule, the costs of carrying out control measures are borne by the enterprise itself. The only exceptions are some cases when the examination is initiated by other subjects:
- If one or another department insists on conducting quality control of working conditions.
- When verification of the correctness of the calculation of compensation and benefits is carried out on the basis of an application from the FSS or another insurer organization (clause 6 of the order).
- If the examination will concern the determination of the actual working conditions at the enterprise and is initiated by the state department (clause 7 of the order).
About the state examination of working conditions, see this video
Registration of the results of the examination and its consequences
The results of the event are drawn up in the form of a conclusion. It will contain conclusions on the validity or inconsistency of the guarantees and compensations provided to employees, on the quality of the independent evaluation labor, as well as on the compliance of workplaces with applicable requirements. Orders for the elimination of violations may also be issued.
A positive consequence for the company may be a revision of the guarantees provided to employees in the form of:
- decrease;
- complete cancellation.
This will reduce health and safety costs in the long run. The employer will have to re-assess. If the state expertise recognizes the complete safety of the workplace, then new studies will not be required.
Reduction or cancellation of guarantees and compensation must be reflected in the texts employment contracts. This is done by mutual agreement of the parties, or due to changes in working conditions (organizational or technological) under Art. 74 of the Labor Code of the Russian Federation.
Additionally
If the applicant expressed disagreement with the conclusion made by the state examination, he has the right to apply to the Ministry of Labor of Russia for consideration of disagreements. Order of the Ministry of Labor of the Russian Federation dated September 22, 2014 No. 652n established the procedure for consideration, as well as the package of documents required for this procedure.
List of possible negative consequences much wider:
- The most serious risk is the liquidation of the enterprise. The inspector can send such a requirement to the court if violations relating to labor protection are found.
- Any violation may be grounds for administrative fine. According to Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, the company can pay 80 thousand rubles. More about labor inspectorate fines in 2019 for legal entities can be read from the link.
- The employer may be forced to provide additional guarantees and compensation to employees. This applies not only to the provision of additional payments, vacations and reduction of working hours in the future. Employees will receive grounds for going to court and collecting moral damage and compensation under Art. 236 of the Labor Code of the Russian Federation.
- The establishment of low-quality results of the special assessment will force the enterprise to conduct it again within six months from the date of delivery of the order.
To minimize the listed risks, a preliminary assessment of the prospects for the examination is necessary.
On the issues of conducting a state examination of working conditions, a lawyer will advise you in the comments to the article.
The need and importance of special evaluation working conditions in the organization is no longer a secret to anyone. However, one should not forget about the quality of the special assessment. Provide proper quality and the objectivity of the results of a special assessment of working conditions in the organization will help the state examination of working conditions (Article 216.1 of the Labor Code of the Russian Federation).
What is the examination of the quality of working conditions
The procedure for the state examination of working conditions is approved The main idea of the examination of the quality of working conditions is a consistent analysis of the results of the special assessment. The state expert is obliged to make sure that the special assessment was carried out in accordance with the requirements federal law No. 426-FZ of December 28, 2013 "On a special assessment of working conditions" and with the requirements of the "Methodology for conducting a special assessment of working conditions", approved by the Order of the Ministry of Labor and social protection RF dated January 24, 2014 N 33n.
The main objects of analysis are:
- correct identification of harmful and (or) dangerous factors production environment and labor process. In this case, the state expert must make sure that the identified factors of the production environment comply with the Classifier of harmful and (or) dangerous production factors(Appendix No. 2 of the Order of the Ministry of Labor and Social Protection of the Russian Federation of January 24, 2014 N 33n), and that the identification results are properly documented.
- the correctness of the studies (tests) and measurements of the identified factors. All measuring instruments, research methods and measurement techniques, with the help of which studies (tests) and measurements of identified factors were carried out, as well as the content of the executed measurement protocols, are subject to verification.
- the correctness of the definition of the class (subclass) of working conditions. The expert must make sure that the class (subclass) of working conditions is established taking into account the complex impact of harmful and (or) dangerous factors and the labor process in accordance with the Methodology. He also takes into account the assessment of the effectiveness of personal protective equipment, in accordance with the Order of the Ministry of Labor of Russia dated December 05, 2014 No. 976n “On approval of the methodology for reducing the class (subclass) of working conditions when used by workers employed in workplaces with harmful conditions labor, effective personal protective equipment that has passed mandatory certification in the manner prescribed by the relevant technical regulations.
Who initiates the examination of working conditions
In case of disagreement, employees, trade unions, other representative bodies authorized by employees or the employer, insurers may apply for a state examination of working conditions to the executive authorities of the constituent entities of the Russian Federation in the field of labor protection. It should be noted that this examination is paid and is carried out at the expense of the applicant.
Also, the state examination of working conditions can be carried out at the initiative of the executive authorities, territorial bodies Rostrud, judicial bodies. In this case, the examination will be free of charge.
The results of the state examination of working conditions
Based on the results of the state examination of working conditions, a conclusion of the state examination is drawn up:
The conclusion is issued to the applicant no later than three working days from the date of its approval. Copies of the conclusion are sent to the employer (if the employer was not the applicant) and the organization that conducted the special assessment of working conditions.
Disagreement with the results of the state examination of working conditions
It should be noted that there is a possibility that the applicant disagrees with the results of the state examination. In this case, the applicant has the right to submit an application to the Ministry of Labor and Social Protection of the Russian Federation for consideration of disagreements on the issues of conducting an expert examination of the quality of a special assessment of working conditions. If the application satisfies all necessary requirements, then a conclusion is drawn up on the consideration of disagreements and a re-examination of the quality of the special assessment is appointed, in this case already free of charge. The procedure for considering disagreements on the issues of conducting an examination of the quality of a special assessment of working conditions was approved
In conclusion of this topic, I would like to draw the attention of all employers who are preparing to conduct a special assessment in their organization to the fact that in order to avoid a poor-quality special assessment at their enterprise, it is necessary to take a very responsible approach to choosing an organization conducting a special assessment. These organizations must be included in the Register of accredited organizations providing services in the field of labor protection, as well as comply with all the requirements of Federal Law No. 426-FZ of December 28, 2013.
